The Practice on the Plea Side of the Court of Exchequer: To which is Added an Appendix Containing the Recent Acts of Parliament, and New Rules of Court : Also the Forms of Writs and Proceedings in General Use, and a Table of Costs as at Present Allowed on Taxation, Part 272J. & W.T. Clarke, 1833 - 210 pages |
From inside the book
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Page 3
... executed by the master , and partly by the sworn clerk this is done to avoid giving trouble to suitors or their attornies , who would otherwise have to split the fees , and pay part thereof to one officer , and part to another . The ...
... executed by the master , and partly by the sworn clerk this is done to avoid giving trouble to suitors or their attornies , who would otherwise have to split the fees , and pay part thereof to one officer , and part to another . The ...
Page 8
... execute the duties of exigenter , and clerk of the outlawries ( b ) . Marshal and Associate . Marshal . Associate . Associate . MARSHAL AND ASSOCIATE . The offices of marshal and associate , are almost always held by the same person ...
... execute the duties of exigenter , and clerk of the outlawries ( b ) . Marshal and Associate . Marshal . Associate . Associate . MARSHAL AND ASSOCIATE . The offices of marshal and associate , are almost always held by the same person ...
Page 9
... for the purpose of sealing executions . All writs , & c . , used in the office of pleas , may be writs . obtained of the bag bearer , at the Exchequer Office . Inferior Officers . OTHER OFFICERS OF THE COURT . There Bag Bearer . 9.
... for the purpose of sealing executions . All writs , & c . , used in the office of pleas , may be writs . obtained of the bag bearer , at the Exchequer Office . Inferior Officers . OTHER OFFICERS OF THE COURT . There Bag Bearer . 9.
Page 32
... executed in a district or where Defen- Or within two hundred yards thereof . Parcel of a County . Must be endorsed with Attorney . Also by Agent and Attorney . place being parcel of one county , but situate within and surrounded by ...
... executed in a district or where Defen- Or within two hundred yards thereof . Parcel of a County . Must be endorsed with Attorney . Also by Agent and Attorney . place being parcel of one county , but situate within and surrounded by ...
Page 39
... executed , a written notice as hereafter mentioned . Defendant : distinct affi- davit re- quired . required . It should , however , be observed , and strictly attended Full and to , that the court in this case requires a very full and ...
... executed , a written notice as hereafter mentioned . Defendant : distinct affi- davit re- quired . required . It should , however , be observed , and strictly attended Full and to , that the court in this case requires a very full and ...
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The Practice on the Plea Side of the Court of Exchequer: To Which Is Added ... Thomas Dax No preview available - 2016 |
Common terms and phrases
action affidavit affidavit of service allowed appointed arrested assignment attachment Attending Court attorney bail bond bail piece baron baron's order bill of costs Chit clerk commenced Copy and service County Palatine Court of Exchequer custody declaration defendant defendant's delivered deponent deposit discharge eight days Exchequer of Pleas Exchequer Office execution expiration fendant filazer filed folio further enacted further ordered given guardian indorsed Instructions to counsel issued judge judgment justify King's Bench master ment motion nisi prius notice of justification oath obtained office copy office of Pleas Paid for rule party payment person place of abode plaintiff plaintiff's attorney plead pręcipe prisoner proceedings putting in special render residence rule of court saith scire facias served sheriff show cause signed special bail statute sued sworn Taunt thereof tion tipstaff trial vacation Westminster William Stewart Rose writ of capias writ of distringas writ of summons
Popular passages
Page xxxvi - Provided always, that no first writ shall be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited...
Page xxv - Court in which such proceedings are pending touching such examination, and the conduct or absence of any witness or other person thereon or relating thereto ; and the Court is hereby authorized to institute such proceedings and make such order and orders upon such report as justice may require, and as may be instituted and made in any case of contempt of the Court.
Page xxvii - ... such defendant does not in any manner collude with such third party, but is ready to bring into court or to pay or dispose of the subject-matter of the action in such manner as the court (or any judge thereof) may order or direct.
Page lxxvii - In all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the courts, the same shall be reckoned exclusively of the first day, and inclusively of the last day...
Page lxxi - Courts on behalf of such person, expressly named by him, and attending at his request, to inform him of the nature and effect of such warrant or cognovit, before the same is executed ; which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be attorney for the person executing the same, and state that he subscribes as such attorney.
Page xvii - Quarter- Sessions of the Peace by law ought to be held, shall hold their general Quarter Sessions of the Peace in the first...
Page cvi - We command you, That within eight days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered...
Page xxii - An Act for establishing certain Regulations for the better Management of the Affairs of the East India Company, as well in India as in Europe...
Page cx - This writ was issued by EF of attorney to the plaintiff [or plaintiffs within named ;] or, This writ was issued in person by the plaintiff within named, who resides at [mention the city, town, or parish, and also the name of the hamlet, street, and number of the house of the plaintiff's residence, if any such there be.] The amount claimed for debt and costs also to be indorsed.
Page 25 - Judge, the profession, occupation, or quality, and place of abode of the plaintiff, on pain of being guilty of a contempt of the Court from which such writ shall...