wager of law การใช้

• Wager of law was a possible defense in certain kinds of cases.
• The courts began to severely limit wager of law by the middle of the fourteenth century.
• But what if A elected wager of law and simply hired his eleven oath-helpers?
• Wager of law survived to recent centuries and in many jurisdictions, it has been abolished by statute.
• As'wager of law'it remained a way of determining cases in the common law until its abolition in the 19th century.
• Wager of law involved the use by a defendant of witnesses, some of whom may have had no knowledge of the case to testify.
• Now that wager of law, and sealed covenants were essentially unnecessary, the Statute of Frauds 1677 codified the contract types that were thought should require some form.
• "Slade's Case " effectively put an end to the use of debt " sur contract ", and with it wager of law.
• Now that wager of law, and sealed covenants were essentially unnecessary, the Statute of Frauds 1677 codified the contract types that were thought should still require some form.
• Wager of law was used as late as 1829, when the Rev . Fearon Jenkinson of Gnosall, Staffordshire used it against a Stafford ironmonger who claimed he was owed money by him, Jenkinson and his compurgators did not appear on the date.
• This was re-enacted after separation of Queensland from New South Wales in the Queensland Common Law Practice Act 1867, s 3 but was strictly unnecessary, given its earlier abolition in 1841 . which makes direct reference to the abolition of wager of law.
• The procedure in a wager of law is traced by Blackstone to the Mosaic law, Ex . xxii . 10; but it seems historically to have been derived from the system of compurgation, introduced into England from Normandy, a system which is now thought to have had an appreciable effect on the development of the English jury.
• The wager of law was essentially a character reference, initially by kin and later by neighbours ( from the same region as the defendant ), often 11 or 12 men, and it was a way to give credibility to the oath of a defendant at a time when a person's oath had more credibility than a written record.
• And over that be it enacted by the said authority that if the said Richard Strode or any of all the said other person or persons hereafter be vexed, troubled or otherwise charged for any causes as is afore said, that then he or they and every of them so vexed or troubled of and for the same to have action upon the case against every such person or persons so vexing or troubling any contrary to this ordinance and provision, in the which action the party grieved shall recover treble damages and costs, and that no protection, essoin, nor Wager of Law in the said action in any wise be admitted nor received.