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.
1848 Excerpt: ...of the courts in finding means of evading its
beneficial operation. It was plainly meant as an act of peace and
quiet. My noble friend, (Lord Plunkett, ) who presides in the court
of common pleas of the sister kingdom, once said, with his usual
felicity of expression, that time is armed with his scythe to
destroy the evidences on which titles rcsf, but the lawgiver makes
him move with healing on his win-s to stay the ravages of his
weapon. To thwart the designs of the legislature, the courts have
been setting up their rules of presumption. At one time they seemed
really to hold that any thing, even the simplest expression, would
take a debt out of the statute of limitations; for instance, if a
defendant had said--" 1 have paid the debt," he was taken as
admitting it, unless he could prove payment. Again, if he said, ' I
owe you nothing, ' the assertion was taken as an acknowledgment;
and he was also required to prove an acquittance of the plaintiff's
chum. The reply--' Six years have ex pired, ' was equally
dangerous, though it was only saying out of court, what the statute
itself allowed him to say in pleading. In fact, so deeply did Lord
Erskine fee.1 the difficulties which encompassed the defendant
under these efforts of judicial acuteness, that he said the only
safe course a defendant could take, when his adversary sent a
fishing witness, was to knock him down; for though he might be
proceeded against for the assault, he retained the benefit of the
statute as regarded the debt. Although of late, the current of
decisions (as it is pleasantly termed, ) has set in more in an
opposite direction, there is still abundant room for a provision to
give this wholesome law effect. The means are obvious. Let nothing
but an acknowledgment in writing take ...
|Country of origin:
New York Commissioners on Pleadings
||246 x 189 x 4mm (L x W x T)
||Paperback - Trade
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