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JB/547/234/001

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25 Decr 1810
Prize Acts 1805 1809 §. 64, 65, 49

☞ Pick out and state the epochs at which and contingent on
which obligation power is given for taken place in respect in the laying out
of proceeds
.

Act 1805
Sections 64, 65, 49.

In Section 64, power is given to the Judge of the
High Court after condemnation passed, notwithstanding Appeal
high Court at the instance of either party, or of Greenwich Hospital to cause the Agent or any other person to bring into the Registrars
Office, "the Registry" such of the net the proceeds of the prize as are in
their hands, with power to make deduction as therein
mentioned, power to the parties, if agreeing if they on the agree so do do to cause
the money to be invested in public securities; or to even
to either party either of them, if he finding security eventually to indemnify
the other against any deficiency resulting from
such purpose.

In this provision necessarily though tacitly is involved a necessary an the assumption, though
that a tacit one, that the in virtue of the power
established given in §. 49, the captured property has, been notwithstanding
Appeal, been subjected to sale: and to wit this
under the management of an Agent of the Captors,
by which they and that by such Agent the money proceeds
has been received.

In the next Section viz. §. 65 the like power is given to in case of an appeal to
the Lords Commissioners of Appeals the like a similar power is
exercisable at the instance of either party, is given to those Lords Commissioners. But in this case,
the disposal laying out of In this provision the supposition is here involved
But
the money is left by in express terms to "the discretion
"of the Court": nor is any warrant given for causing
the party at whose instance the money is thus disposed
of to give security for the making good any such eventual
loss as above.


Identifier: | JB/547/234/001
"JB/" can not be assigned to a declared number type with value 547.

Date_1

1810-12-25

Marginal Summary Numbering

Box

547

Main Headings

Folio number

234

Info in main headings field

Prizes. 1805. 1809. § 64. 65. 49

Image

001

Titles

Category

Text sheet

Number of Pages

Recto/Verso

Page Numbering

Penner

Jeremy Bentham

Watermarks

Marginals

Jeremy Bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

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