
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1827 Excerpt: ...but the statute 31 st Elizabeth, c. 5, s. 5, applying to penal actions, and the 2ist James i, c. 16, and 4th Ann, c. 16, s. 19, respecting civil actions, extend to this Colony. The Island Acts, loth Ann, c. 12, and 2gth Geo. 3, c. 13, s. 4, declare bonds, judgments, bills, mortgages, or other Avritings obligatory, to be void if no payment has been made, or if not demanded within twenty years from the time they became dae, or from the last day of payment. There is a saving for infants and persons under coverture, or of unsound memory, who must bring their action within three years after the disability removed. A defendant may, in general, be arrested on mesne process in all actions upon civil contract or in tort, unless coming within the privileges of the Island Act, 3.5th Charles 2, c. 7. An affidavit must be made of the cause of action, and where the damages are uncertain, an order of the court, or of a Judge, must be obtained, as in England. Special bail is required in all cases of arrest on mesne process. The c,,:The exemptions from arrest on mesne process, are members of the Legislature, Courts in general, persons possessing a freehold of five acres planted, or a house worth lol. per and the Law annum, and generally such as are exempted by the law of England.--See the above 'ere"u Act, 35th Charles 2.' A writ of " ne exeat insuW issues from the Court of Chancery in this Island, in all those cases in which the writ ne exeat regno would be issued by the Chancellor in England; and the Chief Justice referred to the Act, 35th Charles 2, c. i, which gives creditors a further remedy. To our enquiry, Whether it would not be better, if the privilege from arrest before 57. judgment extended to all persons, and cases in civil actions, except cases fallin...
Page Count:
364
Publication Date:
2012-03-06
Publisher:
RareBooksClub.com
ISBN-10:
1130612805
ISBN-13:
9781130612806
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