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Reports of cases argued and determined in the Court of Exchequer Volume 8; from Easter term, 54 Geo. III. to [Michaelmas term, 5 Geo. IV.] both inclusive [1814-1824]
Reports of cases argued and determined in the Court of Exchequer Volume 8; from Easter term, 54 Geo. III. to [Michaelmas term, 5 Geo. IV.] both inclusive [1814-1824]
Reports of cases argued and determined in the Court of Exchequer Volume 8; from Easter term, 54 Geo. III. to [Michaelmas term, 5 Geo. IV.] both inclusive [1814-1824]

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    • Imported from USA.
    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. 1822 Excerpt: ...it is apprehended that there is a sufficient interest remaining in him on which the Observation the prerogative right of the Crown (which reaches Cb the caie of,.. The Kimg all the property of the debtor, and lus right Giles. thereto, whether that be merely the jus in re or jus ad rem) may attach. It has been even considered by some, that the money arising from the sale of a Crown-debtor's effects, taken in execution, is liable, in the hands of the Sheriff, to this process of the Crown till actually paid over to the Plaintiff (a). In strictness, undoubtedly, the money levied by the sale should be brought into Court (3); although, by permission of the Court, the Sheriff may be allowed to return that he has paid the money to the Plaintiff (c); and on that ground it is, perhaps, that it has been considered, that even money produced by the sale of goods seized under a fieri facias is not out of the reach of the paramount claims of the Crown, whilst in the custody of the law, which it is till paid over to the judgment creditor. The principal question, in the case, however, is, whether the particular mode of proceeding by immediate process of extent in aid, resorted to, in the present instance, under the circumstances of this case (it being assumed to have been previously authorised by law, as founded on the acknowledged prerogative of the Crown) has not been so restricted by the 79th section of the statute of the 33d Hen. VIII. c. 39, as to be precluded (a) Note to Smallcombe v. cution, (C.) 4. vol. ii. p. 352. Cross, 1 Lord Raym. Rep. (c) The King v. Bird, 2 Show. 252. 87.--Cannon v. Smalwood and (b) 2 Bac. Ab. tit. Exe-others, 3 Lev. 204. eluded wherever the subject has obtained iudsr-observation J. J Od the case of merit or, at least, where the Sheriff' has s...
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    Reports of cases argued and determined in the Court of Exchequer Volume 8; from Easter term, 54 Geo. III. to [Michaelmas term, 5 Geo. IV.] both inclusive [1814-1824]

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