Book Description

Excerpt from A Treatise Upon the Customary Law of Foreign Attachment: And the Practice of the Mayor's Court of the City of London Therein; With Forms of Procedure The customary process of Foreign Attachment, as will be seen by the following treatise, is for the purpose of compelling the appearance of a debtor to an action at the suit of his creditor by a distraint upon his property, and, in default of such appearance, an application of the property towards the payment of the creditor's debt. The custom forms a very ready method of obtaining the payment of a debt without affecting the liberty of the subject, and is in strict accordance with the principle of modern legislation between debtor and creditor. The legislature has adopted the principle of the custom, if not the letter of it, in the garnishee clauses of the Common Law Procedure Act 1854, but an attachment under that Act can only be obtained where the debt of the plaintiff has become a judgment debt, while a foreign attachment can be issued where the plaintiff's debt is merely a simple contract debt. 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.