The Law Library Volume 10 (Paperback)

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. 1835 edition. Excerpt: ...bail-piece to be amended, byenlarging the penalty in order to defeat the execution.(e) In an action of debt on bond in the King's Bench, the preceding rule appears to obtain;(f) though it is to be remarked, that in a prior case, it was said by the court, that notwithstanding the bail are to be bound in double the penalty recovered, yet, by the practice of the court, it is sufficient if they justify in double the sum really due.(g-) In the Common Pleas, in error on a judgment of debt on bond, the recognizance may be taken in double the amount of the sum recovered, exclusive of any interest, costs, or nominal damages.(A) In the Exchequer it is a rule, (i) that "in all cases where special bail is required on writs of error, if the bail are obliged to justify, each of them shall justify himself, in double the sum recovered by the judgment f 463 1 on wnicn tne writ of error i3 brought; except where the penalty of a bond, or other specialty, is recovered by such judgment; in such case each of the bail shall justify in such penaltyonly." In ejectment, the plaintiff in error may either enter into, a recognizance himself, pursuant to the statute 16 & 17 Car. 2, c. 8, s. 3, or he may procure two responsible persons to become bail; for, though the language of the act would appear to render it necessary for the plaintiff in error to be personally bound, it has, by a reasonable construction, been holden sufficient, if he procure proper sureties, to enter into the recognizance of bail, for otherwise, lessors residing in distant counties would sustain great inconvenience, and an infant lessor, or a lessor becoming a feme covert after action brought, would be entirely excluded from the benefit of the security intended to be given by the legislature....