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. 1808 Excerpt: ...note, gave the bond in question. Rudge did not prosecute; and the plaintiff paid him the amount of the note, and then sued the defendant on the bond, who having pleaded the consideration, it was resolved, that the note being given for an illegal purpose, (the compounding the prosecution, ) and the bond given to secure ...
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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. 1808 Excerpt: ...note, gave the bond in question. Rudge did not prosecute; and the plaintiff paid him the amount of the note, and then sued the defendant on the bond, who having pleaded the consideration, it was resolved, that the note being given for an illegal purpose, (the compounding the prosecution, ) and the bond given to secure and repay that, that the bond was illegal and void. 4. Of Bonds abridging the Rights or Powers annexed to any Office by Law. " Wherever by law particular powers or rights are ao" nexed to any office, bonds limiting or abridging the exer' cise of those powers are void.," As where the plaintiff, who was sheriff of Hamfishirc, on Sir Daniel his appointing a person his under-sheriff, took a bond from JJ,"V" him and the defendant as his surety, one condition of which was, " that the under-sheriff should not execute any extent, liberate, elegit, or other process of execution, for any sum above 20/. without first acquainting the plaintiff, (the sheriff)-with the same, and getting his special warrant for the execution." To debt on this bond the defendant demurred, when it was resolved, that the office of under-sheriff is of long use, and, as deputy to the sheriff, he is invested with all the rights of office of the sheriff himself, such as executing process, executions, &c. that the sheriff therefore cannot make an under-sheriff without giving him those powers, or abridge him of any part of them. That this condition, therefore, being to deprive the under-sheriff of one of the rights annexed by law to his office was illegal and void. Parker v. Kettv Salk. 95. For it is essential tb the appointment of a deputy, that he be invested with all the power and authority of his principal; and any covenant or condition to re...
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Add this copy of A Digest of the Law of Actions and Trials at Nisi Prius to cart. $62.76, good condition, Sold by Bonita rated 4.0 out of 5 stars, ships from Newport Coast, CA, UNITED STATES, published 2010 by Nabu Press.
