The practice of the sheriff's court of ... Cornwall

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Butterworth and Son, (etc.), 1824 - 149 sider
 

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Side 126 - Sheriff', or his certain attorney, executors, administrators or assigns, for which payment to be well and truly made we bind ourselves, and each and every of us in the whole, our and each and every of our heirs, executors and administrators, firmly by these presents, sealed with our seals.
Side 49 - ... promise in manner and form as the said plaintiff hath above thereof complained against him, -and of this he puts himself upon the country, &c.6 FALCONER v.
Side 4 - IN every court there must be at least three constituent parts, the actor, reus, and judex : the actor, or plaintiff, who complains of an injury done; the reus, or defendant, who is called upon to make satisfaction for it ; and the judex, or judicial power, which is to examine the truth of the fact, to determine the law arising upon that fact, and, if any injury appears to have been done, to ascertain, and by its officers to apply the remedy.
Side 133 - ... the date of the said indenture, for and during, and unto the full end and term of...
Side 2 - ... the power of the crown. (c) For, whether created by act of parliament, or letters patent, or subsisting by prescription (the only methods by which any courts of judicature (d) can exist), the king's consent in the two former is expressly, and in the latter impliedly, given. In all these courts the king is supposed in contemplation of law to be always present; but as that is in fact impossible, he is there represented by his judges, whose power is only an emanation of the royal prerogative.
Side 78 - CD, is not bound by the law of the land to answer the same. And this he is ready to verify. Wherefore, for want of a sufficient declaration in this behalf, the said...
Side 91 - I>ut the said defendant, to pay the same, or any pa.rt thereof, hath hitherto altogether refused, and still doth refuse, To the damage, &e.
Side 106 - ... damage done, or other cause ; or else, if he justifies in another's right as his bailiff or servant, he is said to make cognizance ; that is, he acknowledges the taking, but insists that such taking was legal, as he acted by the command of one who had a right to distrain.
Side 77 - AB to have or maintain his aforesaid action thereof against him the said CD and that he the said CD is not bound by the law of the land to answer the same, and this he is ready to verify...
Side 102 - Marlbridge (n) directs that (without suing a writ out of the chancery) the sheriff immediately, upon plaint to him made, shall proceed to replevy the goods. And, for the greater ease of the parties, it is farther provided by statute 1 P.

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