A System of the Forms of Deeds Used in Scotland (1812)

Seitenzahl:

126

Gewicht:

195 g

Erschienen bei:

Cambridge Scholars Publishing

Kurzbeschreibung

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: OF POINDINO. ught it to be forgotten, that our, law, in uni- Ton with the true feeling of humanity, ufes its power to relieve the innocent debtor from the horrors of a perpetual imprifonment. I proceed to the next head of our diligence, that of Poinding. SECT. II. Of Poinding. The poinding was originally intended to bring the moveables in pofieflion of the debtOF to fale, and to apply the price in payment of the debt to the creditor. How far this diligence degenerated from its firft object, and by what means it has been reftored to its original purity, have been formerly explained. I have therefore the forms only of this diligence to lay before the reader. The warrant of poinding is contained in letters of horning and poinding, raifed for payment of a debt, on the decree of an inferior Q o 4 courtt 584 ZXECUTIOK OF A POINDIMC. court, or in the' precept raifed upon it, both of which (where the decerniture is for the payment of money) contain a warrant of po'md- ing. On thefe warrants (1669, c. 4.) a charge muft be given, and the days of the charge expired, before the poinding can proceed. I am therefore to fuppofe, that the days of the charge have expired, without payment being made; and the following execution will beft prove the nature of the proceedings that take place. Execution of a Poinding. Upon the day of, I, M, meflenger at arms, by virtue of letters of horning, containing warrant to poind, dated and figneted, raifed at the inftance of A, againft B, for not making payment of the fum of Sterling, contained iri and due by a bill, dated, drawn by the faid A upon, and accepted by the faid B, payable t with an execution of charge given by me thereupon, duly expired, and no further payment made; therefore, I pafled with the apprifers and H it...

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Mehr von:  Robert Bell, Cambridge Scholars Publishing