Garnishment

“ Particularly in light of my Brother BLACK'S dissent, I think it not amiss for me to make explicit the precise basis on which I join the Court's opinion. The 'property' of which petitioner has been deprived is the use of the garnished portion of her wages during the interim period between the garnishment and the culmination of the main suit. ”

“ Before coming to the basic question here involved, namely, whether the garnishment secured in the District Court under the supplemental affidavit of February 17, 1936, was void, there are two preliminary questions. These are (1) whether the notary public before whom the affidavits in attachment and garnishment of June 19 and June 27, 1930, were taken was disqualified, thus rendering the garnishment proceedings void and of no effect ”

“ What has been written does not go beyond the law as declared in Illinois. The fact is not ignored that there are other jurisdictions in which the process of garnishment receives a different meaning. Sometimes the service of the writ is held to impose upon the debt a fixed and present lien which will have recognition and enforcement everywhere. ”

“ Lords holding castles, manors, lands and tenements by knight's service of the King shall have a writ of right for wardship of the body as well as of the land of any minor heir of a deceased person who had the use [beneficial enjoyment] of the land for himself and his heirs as if the land had been in the possession of the deceased person. And if such an heir is of age, he shall pay relief to the lord as if he had inherited possession of the land. An heir in ward shall have an action of waste against his lord as if his ancestor had died seised of the land. ”

“ If any earl, baron, or other person that holds lands directly of the Crown, for military service, shall die, and at his death his heir shall be of full age and owe a ‘relief’, the heir shall have his inheritance on payment of the ancient scale of ‘relief’. That is to say, the heir or heirs of an earl shall pay £100 for the entire earl’s barony, the heir or heirs of a knight 100s. at most for the entire knight’s ‘fee’, and any man that owes less shall pay less, in accordance with the ancient usage of ‘fees’. ”

“ If the heir were a minor, and thus incapable of rendering military service, the land was retained by the lord until the heir came of age; heiresses could only marry with the lord's leave some one who could perform his services. The tenant had further to attend the lord's court—whether the lord was his king or not—submit to his jurisdiction, and pay aids to the lord whenever he was captured and needed ransom, when his eldest son was made a knight, and when his eldest daughter married. ”

“ To read one verse, or even one word, in a spirit of joy and radiance, is preferable to the perusal of many Books.
69. QUESTION: May a person, in drawing up his will, assign some portion of his property—beyond that which is devoted to payment of Ḥuqúqu’lláh and the settlement of debts—to works of charity, or is he entitled to do no more than allocate a certain sum to cover funeral and burial expenses, so that the rest of his estate will be distributed in the manner fixed by God among the designated categories of heirs?
ANSWER: A person hath full jurisdiction over his property. ”

“ If any hold of the King by feefarm, by soccage, or burgage, and of any other by knights-service, the King shall not have the custody of the heir, nor of his lands that are holden of the fee of another, by reason of such burgage, soccage, of fee-farm; nor ought the King to have the custody of such burgage, soccage, or fee-farm: and no freeman shall lose his degree of knighthood by reason of petty serjeanties, as when a man holds lands, rendering therefore a knife, an arrow, or the like.
No bailiff shall put any man to his law upon his own bare saying, without faithful witnesses. ”

“ If any that holds us a lay-fee die, and our sheriffs, or other our bailiffs shew our letters patents of summons for a debt which the deceased owed to us, our sheriff or bailiff may well attach and inventory the goods of the dead which shall be found upon his lay-fee, to the value of the debt which the deceased owed to us, by the view of lawful men, yet so as nothing be removed till such time as the debt, which shall be found to be due to us, be paid ”

“ For if a knight or other freeman, or a bondsman, or any such person of whatever condition or sex, is bound to the king for any debt—which, indeed, must be a punishment for a misdemeanour, not a spontaneous offering,—the treasurer shall be content with that preferred oath of the sheriff which is to be taken at the end; and the man or woman, the action against whom, by reason of their poverty, has become void, shall again be written as debtor in this yearly roll as in the last. ”

“ And we bequeath all our goods and chattels, jewels, &c., for the payment of our funeral and debts; after which we Will that our executors pay certain legacies to our poor servants. All annuities which we have given to our Knights, Esquires, and other our followers, in reward for their services, we desire to be fully paid. And we charge our son Richard, on our blessing, that he fulfil our bequests to them. And we appoint our very dear and beloved brother of Spain, Duke of Lancaster; the Reverend Fathers in God, William Bishop of Winchester, John Bishop of Bath ”

“ But if a female heir lost her virginity, her inheritance escheated to her lord. A woman with property could not do homage because she could not perform military service, but she generally swore fealty. She could receive homage from men.
Bastards were not heirs, even if their father married their mother after birth.
Any adult inheriting land had to pay a "relief" to the lord of the land. For a knight's fee, this was 100s. For socage land, this was one year's value. The amount for a barony depended upon the King's pleasure. ”

“ Pergamen, the same—the house, this house, Grange. You are aware, of course, that the existing owner has the power to do this? Eh? 'Make a temporary arrangement of it'?" continued the Squire, answering the solicitor's suggestion more to himself than to the suggester. "No—no—no! That might not suffice; no, I won't risk it—no, no, no! Be kind enough to prepare the necessary deeds at once—at once. 'Remember my heir?' I am remembering my heir, sir! Be kind enough to bring me the deeds the moment they are ready, and I will sign them.
"Yes, John Puddifoot, grocer, of the village of Grangeham. ”

“ They did not have their origin in economic considerations, but were either intended to mark the vassal’s tenant relation, like the relief, or to be a part of his service, like the aid, that is, he was held to come to the aid of his lord in a case of financial as of military necessity. The relief was a sum paid by the heir for the lord’s recognition of his succession. The aids were paid on a few occasions, determined by custom, where the lord was put to unusual expense, as for his ransom when captured by the enemy, or for the knighting of his eldest son. ”

“ For an heir to take his dead ancestor's land, the lord demanded payment of a "relief", which was usually the amount of a year's income but sometimes as much as the heir was willing to pay to have the land. ”

“ There are likewise payments of a third kind which do not seem altogether fit to be counted under offerings, but are rather called fines to the exchequer. They are made, namely, when one holding a barony in chief from the king dies and leaves an heir, and that heir compounds with the king for what sum he can, in order that he may merit to enter upon his father's privileges; which fine we commonly call a relief. ”

“ If any person accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, or for any purpose, any gift, money or valuable consideration as an inducement or reward for procuring or assisting or endeavouring to procure the grant of a dignity or title of honour to any person, or otherwise in connection with such a grant, he shall be guilty of a misdemeanour. ”

“ Our subject leads us, in the next place, to consider that species of Recognition which is usually resorted to, in order to ascertain, whether a person died seised of a certain Freehold, as of Fee or as of Pledge. When any one claims a certain Tenement to be restored to him, as pledged, either by himself, or one of his Ancestors, if the Tenant does not acknowledge the Tenement in question to be a pledge, but asserts in Court that he is seised of it as of Fee, recourse is usually had to a Recognition, which shall be summoned by the following Writ——
CHAP. XXVII.
“The King to the Sheriff, Health. ”