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OR, THE

RULES and CASES

OF

PRACTICE

IN THE COURTS OF

King's Bench and Common Pleas,

METHODICALLY ARRANGED.

IN TWO VOLUME S.

By GEORGE CROMPTON, Esquire,

of the INNER TEMPLE.

VOLUME THE SECOND.

LONDON:

Printed by W. STRAHAN and M. WOODFALL, Law-

Printers to the King's most Excellent MAJESTY.

And Sold by P. URIEL, Inner-Temple-Lane, and

E. BROOKE, Bell-yard.

M. DCC. LXXX.

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of patroners.

Of Proceedings against Prisoners.

FO

ORMERLY, by the practice of the respective

courts, when a defendant was arrested upon me ne

process, and for want of bail was committed to gaol, unless the plaintiff, before the end of two terms after the arrest, caused the defendant, by writ of habeas corpus, to be removed, to be charged with a declaration : such prisoner upon common bail, or appearance by attorney, was discharged from his imprisonment.

But by 4 & 51. & M. c. 21. it is enacted, “ That where any defendant, or defendants, be taken, or charged in cuftody, at the suit of any person or persons, upon any writ * or writs, out of any of the said courts at Westminster, and imprisoned, or detained in prison, for want of sureties for their appearance to the same, the plaintiff or plaintiffs, in such writ or writs, Thall and may, by virtue of the said act, before the end of the next term after such writ or process fall be returnable, declare against such prisoner or prisoners, in the respective court or courts out of which the writ or writs shall issue, whereupon the said prisoner or prisoners shall be taken and imprisoned, or charged in custody ; and fhall and may cause a true copy thereof to be delivered to

But if the ac etiam of the writ be debt, you cannot declare in case on that writ, per all the omcers; becaule the statute says, you shall declare on such writ. Sed quære? VOL. II.

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