The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.

About this Item

Title
The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.
Author
Blount, Thomas, 1618-1679.
Publication
London :: Printed for T. Twyford, and are to be sold by Hen. Twyford ...,
1670.
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Subject terms
Bankruptcy -- Great Britain.
Fraudulent conveyances -- Great Britain.
Link to this Item
http://name.umdl.umich.edu/A28470.0001.001
Cite this Item
"The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A28470.0001.001. University of Michigan Library Digital Collections. Accessed June 15, 2024.

Pages

Hill. 7 Jac. Regis. In Cam. Stll.

Heyward and Sir John Whitbrook's Case.

In the Case between Hyward and Sir John Whitbrook, in the Star-Chamber, the Defendant was convicted of di∣vers Misdemeanours, and Fine and Imprisonment impo∣sed on him, and Damages to the Plaintiff. And it was moved, that a special Process might be made out of that Court, to levy the said Damages, upon the Lands and Goods of the said Defendant. And it was referred to the two Chief Justices, whether any such Process might be made; who this Term moved the Case to the Chief Baron, and the rest of the Judges and Barons; and it was unanimously by them all Resolved, That no such Process could or ought to be made, neither for the Damages, nor for the Costs given to the Plaintiff, the Court having no such power, but onely to keep the Defendant in Prison till he pay them. For, for a Fine due to the King, they can make no Process to levy it; but they estreat it into the Exchequer, which hath power by Law to write forth Pro∣cess, &c. But if a man be convict in the Star-Chamber for Forgery, upon the Stat. 5 Eliz. In that Case, for the double Costs and Damages, an English Writ shall be made, directed to the Sheriff, &c. reciting the Convicti∣on, and Statute for levying the said Costs and Damages,

Page 214

&c. and to bring the money into Star-Chamber, and the Writ shall be sealed with the Great Seal, and the Teste of the King. The like Resolution was in Langdale's Case in that Court.

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