The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 16

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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. 1894 edition. Excerpt: ...see to what amount the sheriff is answerable, it is necessary to inquire what would have been the consequence if he had taken sufficient pledges. Now the duty of the sheriff, as prescribed by the 'Act of Parliament, is to take a bond for prosecuting the suit, and for a return of the goods distrained, if a return shall be awarded.' Then, if he had taken such a bond, how would it have been satisfied'? By returning the goods taken. Then the value of those goods seems to be the true measure of damages to be given in this action. In the case cited from Blackst. Rep.1' the only question was, Who should be answerable? Nothing is there said respecting the quantum of damages; and it must have been by consent, otherwise the Court were assuming the province of a jury. The duty of the sheriff is accurately pointed out by the stat. of Westminster 2: which requires, "That sherifis shall not only receive of the plaintiffs pledges for the pursuing of the suit, before they make deliverance of the distress, but also for the return of the beasts, if return awarded; and if any take pledges otherwise, he shall answer for the price of the beasts." And the 11 Geo. II. does not enlarge the sheriffs responsibility in this respect. Rule absolute. N0te.--The responsibility of the sheriff in regard to replevins was abolished by 19 & 20 Vict. c. 108, s. 63, now replaced by 51 & 52 Vict. c. 48, s. 134; but the case may still be useful as an authority upon the nature and effect of a replevin bond. In a subsequent case in the Common Pleas (Concanen v. Lcthbridge, 2 H. Bl. 36), that Court held that the plaintifi might recover damages beyond the penalty of the bond. But in the case of E1-ans v. Brander, 2 H. Bl. 547, the Court of Common...
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Product details

  • Paperback | 312 pages
  • 189 x 246 x 17mm | 558g
  • United States
  • English
  • black & white illustrations
  • 123678037X
  • 9781236780379