Execution against a Baily, 1. per Common Law; 2. per Statute Law.
[unspec 1] By the Common Law he shall have but a Le∣vari facias, or Fieri facias. Coke 3. part. 12. A. Harberts case. And this within the year only, for
The common law epitomiz'd with directions how to prosecute and defend personal actions, very useful for all lawyers, justices of peace, and gentlemen : to which is annexed the nature of a writ of error, and the general proceedings there upon : with a plain table for the easie finding out of every particular / by William Glisson and Anthony Gulston ...
About this Item
- Title
- The common law epitomiz'd with directions how to prosecute and defend personal actions, very useful for all lawyers, justices of peace, and gentlemen : to which is annexed the nature of a writ of error, and the general proceedings there upon : with a plain table for the easie finding out of every particular / by William Glisson and Anthony Gulston ...
- Author
- Glisson, William.
- Publication
- London :: Printed by the assigns of Rich, and Edw. Atkins for Hen. Brome and Tho. Basset ...,
- 1679.
- Rights/Permissions
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This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
- Subject terms
- Actions and defenses -- England.
- Civil procedure -- England.
- Writs -- England.
- Appellate procedure -- England.
- Link to this Item
-
http://name.umdl.umich.edu/A42852.0001.001
- Cite this Item
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"The common law epitomiz'd with directions how to prosecute and defend personal actions, very useful for all lawyers, justices of peace, and gentlemen : to which is annexed the nature of a writ of error, and the general proceedings there upon : with a plain table for the easie finding out of every particular / by William Glisson and Anthony Gulston ..." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A42852.0001.001. University of Michigan Library Digital Collections. Accessed June 19, 2024.
Pages
Page 22
if the year pass, he was put to his Action of debt, if the process were not continued, 33 Hen. 6.49. pl. 33.
[unspec 2] Per Westm. 2. cap. 45. a Scire facias is given after the year.
And per Westm. 2. cap. 18. Elegit is given. Coke 3. part. 12. A.
And per Marlebridge, cap. 23. and Westm. 2. cap. 11. Capias is given in process.
And per consequence a Capias ad satisfaciendum after Judgment, Coke 3. part. A. 12.
And by the Statute of Westm. 2. cap. 11. if an Accountant be found in arrearages before Audi∣tors, he shall be Committed by the Auditors to the next Goal in execution.
But then the Auditors ought to Commit him to prison forthwith. Coke 8. part. 119. b. Bonhams case, 27 Hen. 6.8. Com. 1.7.
But if he Account before the plt. he cannot Commit him to prison, 45 Edw. 3.14. because he shall not be Judge in his own cause.