Reports of Cases Argued and Adjudged in the Superior Court of Judicature of the Province of Massachusetts Bay, Between 1761 and 1772

Reports of Cases Argued and Adjudged in the Superior Court of Judicature of the Province of Massachusetts Bay, Between 1761 and 1772

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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. 1865 edition. Excerpt: ...no other personal Estate to his Acceptance, doth therefore think fit to levy upon the Real Estate of the Debtor, rather than on the Person of the Debtor, the Officer shall cause it to be apprized and set out by three Persons swom and appointed as the Act directs, and deliver the Creditor Possesiion thereof, and make return thereof accordingly. And, if the Real Estate cannot be divided and set out by Meets and Bounds, then he shall extend the Rents, &e. This Act extends to all Cases where the Debtor is unwilling or unable to pay the Money or other particular Specie the Judgment is for; and his not paying it, especially if demanded, will be an Evidence of his being either unwilling or unable to do it, '--and, therefore, it must extend to the Cases, where the Body or Estate is taken upon the Capias, or Attachment, and the 30 days not expired: Because the Debtors being in Prison don't show him 'to be able or willing to pay the Money;--nor 37 doth doth the Officer's attaching Estate, though by Direction of the Plaintiff, shew, that, when the Plaintiff has recovered Judgment, he is content to receive his Satisfaction in the Estate so attached, rather than in other Estate of the Debtor, or rather than the Debtor's Body should be imprisoned untill he pays the Money, which this Act intends, by levying on the Person of the Debtor. And this Act alters the Condition upon which Real Estate might be taken in Execution by the 8 W. 3, from a Tender, to an Acceptance; and giving the Creditor his Election to take his Satisfaction in any Part of the Debtor's Estate, Real, or Personal, or to have his Body imprisoned untill he pays the Money. As the Creditor has this Right of Election, so the Debtor, in Consequence thereof, has a Right to his Liberty, if...show more

Product details

  • Paperback | 90 pages
  • 189 x 246 x 5mm | 177g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236898729
  • 9781236898722