Cases Argued and Determined in the Bail Court: Points of Practice and Pleading

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Sweet, Maxwell, and Stevens & Norton, 1852 - 222 pages

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Page 90 - But in other cases, the seal is the only authentic evidence of what the corporation has done, or agreed to do. The resolution of a meeting, however numerously attended, is, after all, not the act of the whole body. Every member knows he is bound by what is done under the corporate seal, and by nothing else.
Page 96 - To the overseers of the parish [or ' township '] of , [or ' to the town clerk of the city,' or borough,] of , or otherwise, as the case may be. " I hereby give you notice, that I object to the name of , being retained in the list of persons entitled to vote in the election of a member...
Page 188 - ... scandalous or which may tend to prejudice, embarrass, or delay the fair trial of the action ; and may in any such case, if they or he shall think fit, order the costs of the application to be paid as between solicitor and client.
Page 32 - Cause why such Act should not be done ; and if after due Service of such Rule good Cause shall not be shown against it, the said Court may make the same absolute, with or without or upon Payment of Costs, as to them shall seem meet ; and the said Justice or Justices upon being served with such Rule absolute shall obey the same, and shall do the Act required ; and no Action or Proceeding whatsoever shall be commenced or prosecuted against such Justice or Justices for having obeyed such Rule, and done...
Page 87 - ... an executory contract by them to supply gas, which the defendant (Church) refused to accept. In giving the judgment of the Court, Lord Denman assumes that it is established that a corporation may sue or be sued in assumpsit upon executed contracts of a certain kind, amongst which are included such as relate to the supply of articles essential to the purposes for which it is created ; and he then considers that there is no sound distinction to .be taken in respect of such contracts between those...
Page 24 - Court shall be sitting or not, upon Production to him of such Notice of Abandonment, and upon Proof to him that such reasonable Notice of Taxation, together with a Copy of the Bill of Costs, has been given to the Overseers or Guardians abandoning such Order as the Distance between the Parishes shall in his Judgment require...
Page 107 - ... Court appear just and reasonable, and shall certify the Amount thereof; and in case the Overseers of the Poor of the Parish liable to pay the same shall, upon Demand, and upon the Production of such Certificate, refuse or neglect to pay the same, the Amount thereof may be recovered from such Overseer in the same Manner as any Penalties or Forfeitures are by this Act recoverable.
Page 32 - Affidavit of the Facts, for a Rule calling upon such Justice or Justices, and also the Party to be affected by such Act, to show Cause why such Act should not be done ; and if after due Service of such Rule good Cause shall not be shown against it, the said Court may make the same absolute, with or without or upon Payment of Costs, as to them shall seem meet...
Page 94 - Where an agent in town, or an attorney in the country, is the attorney on the record, an affidavit sworn before the attorney in the country shall not be received...
Page 176 - Court shall seem fit; provided that any such order made by a Judge may be discharged or varied by the Court, on application made thereto by either party dissatisfied with such order.

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