Reports Of Cases Decided In The Court Of Common Pleas Of Upper Canada Vol 13

Author : Edward C. Jones
Publisher : Forgotten Books
ISBN 13 : 9780260626196
Total Pages : 586 pages
Book Rating : 4.6/5 (261 download)

DOWNLOAD NOW!

Download or read book Reports of Cases Decided in the Court of Common Pleas of Upper Canada, from Hilary Term, 23 Victoria, to Michaelmas Term, 24 Victoria, Vol. 10 (Classic Reprint) written by Edward C. Jones and published by Forgotten Books. This book was released on 2017-11-09 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Reports of Cases Decided in the Court of Common Pleas of Upper Canada, From Hilary Term, 23 Victoria, to Michaelmas Term, 24 Victoria, Vol. 10 Richards, J -the form of the covenant is that the clerk shall duly pay over to the person entitled to the same all such moneys as he shall receive by virtue of his office, and will well and truly perform the duties imposed upon him as such clerk by law, and shall not misconduct himself in the said Office to the damage of any person being a party in any legal proceeding. Here, then, is a covenant that there shall be, lst. NO default in paying over money. 2nd. That there shall be no breach Of duty on the part Of the clerk; and 3rd. That he will not misconduct himself. And the 22md. Sec. Of 13 14 Vic., ch. 53, says, the covenant shall be available to, and may be sued upon, by any person suffering damages by the default, breach of duty, or misconduct of the Officer. It is possible, as to misconduct, the remedy may, by the Words Of the covenant, be only given to suitors, for it says, and shall not misconduct himself in the said Office to the damage Of any person being a party in any legal proceed ing. I apprehend the misconduct referred to is something different from a default in paying over moneys. N ow, if he receives by law moneys for the fees Of the bailiff, I do not see how his sureties can claim exemption from liability if he fails to pay these fees over to the person, if a bailiff, entitled to receive the same. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.