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N

OR, THE

RULES andCASES

O F

PRACTICE

IN THE COURTS OF

Mngs JBencl) and Common {Htas,

METHODICALLY ARRANGED.

IN TWO VOLUMES.

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 Maiesty.

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

E. Brooke, Bell-yard.

M.DCC.LXXX.

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FORMERLY, by the practice of the respective courts, when a desendant was arrested upon me/h* process, and for want of bail was committed to gaol, unless the plaintiff, before the end of two terms after the arrest, caused the desendant, 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 fcf 5 W. fcf M. c. 21. it is enacted, « That where any desendant, or desendants, be taken, or charged in custody, at the suit of any person or persons, upon any writ * or writs, out of any of the said courts at IVeJlminJler, 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, shall and may, by virtue of the said act, before the end of the next term after such writ or process shall 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 shall and may cause a true copy thereof to be delivered to

• But if the ac etiam os the writ be debt, you cannot declare in case on that writ, per all the omcers; because the statute says, you shall declare on such writ. Sed qutere f

Vol. II. B such

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