Volume 194, Page 1023 View pdf image (33K) |
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20 GEO. 2, CAP. 37, SHERIFF'S RETURN. 1023 the seventh section:9 it is held that a tender may be pleaded and money paid into Court in an action of covenant on an insurance against fire, Solo- mon v. Bewicke, 2 Taunt. 317. "It probably occurred to some one while the Act was pending in parliament, that it was a very hard thing that defendants could not pay money into Court in actions on policies, and he therefore inserted this clause," per Mansfield C. J. ibid. fl See notes 31-33 to 4 Anne, c. 16. STATUTES 765 Made at WESTMINSTER, Anno Regni GEOEGII II. vicesimo and A. D. 1747. CAP. XXXVII. An Act for the Ease of Sheriffs with Regard to the Return of Process. For the Ease of Sheriffs with Regard to the Return of Pro- cess, Be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in tins present Parliament. assembled, and by the Authority of the same, That from and after the Twenty-ninth Day of September one thousand seven hundred and forty seven, all Sheriffs of any County, City, Lib- erty, Division, Town Corporate or Place, shall, at the Expira- tion of their Office, turn over to the succeeding Sherin", by Indenture and Schedule, all such Writs and Process as shall remain in their Hands unexecuted, who shall duly execute and return the same; and in case any such Sheriff shall refuse or neglect to turn over such Process in Manner aforesaid, every such Sheriff so neglecting or refusing, shall be liable to make such Satisfaction by Damages and Costs to the Party aggrieved, as he, she or they shall sustain by such Neglect or Refusal. II. And be it further enacted by the Authority aforesaid, That no Sheriff shall be liable to be called upon to make a Return of any Writ or Process, unless he be required so to do within six Months after the Expiration of his said Office. |
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Volume 194, Page 1023 View pdf image (33K) |
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