Proposed Revision of the Statute Laws Volume 3; Pts. 7-10

Proposed Revision of the Statute Laws Volume 3; Pts. 7-10

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1828 edition. Excerpt: ... shall justify in the same manner herein prescribed, at the term at which application for such judgment shall be made, on such reasonable terms as the court shall impose; and upon such bond being filed, the cause shall proceed. 32. If no exception shall have been entered to the sureties in the bond given by a plaintiff in replevin, as herein provided, the sheriff shall be discharged from all liability for the sufficiency of such sureties; and the bond of the plaintiff shall thenceforth be held by such sheriff for the security of the defendant, and shall be assigned to such defendant or his personal representatives, if judgment be rendered for him in such action. S3. If such exception shall have been made, and judgment of discontinuance shall be rendered against the plaintiff for his sureties not justifying, the sheriff shall be liable to the defendant for the sufficiency of such sureties, as now provided by law; and he shall be entitled to the same remedy on the bond taken by him, as in cases of bonds given on the arrest of a defendant in personal actions; and all the provisions of law respecting actions on such bonds, and respecting the staying of proceedings against the sheriff, shall be applicable to actions by the sheriff on such replevin bond, and to actions against him in relation thereto. These sections from $ 28 inclusive, are intended as a substitute for the present severe liabilities of the sheriff. 34. If the sheriff return to the writ of replevin, that the defendant has been duly summoned, in either of the modes herein before prescribed, or that he has taken the body of such defendant, the clerk of the court shall thereupon enter the appearance of such defendant; and thereafter proceedings shall be more

Product details

  • Paperback
  • 189 x 246 x 8mm | 272g
  • United States
  • English
  • black & white illustrations
  • 1236799941
  • 9781236799944