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Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

A statute prescribing that executions shall be returnable " within authorize a return at any time during the period designated upon which the creditor can found proceedings predicated upon return of an execution unsatisfied.

Adams V. Cummisl^ey, 4 Cush. 420.

When time is spoken of, any act is " within " the time named that does not extend beyond it.

Sanborn v. Fireman's Ins. Co., 16 Gray, 448.

When used as to place and time, in a statute, within means not beyond.

Lerert V. Read, 54 Ala. 529.

A delivering up of a poor debtor on the thirtieth day from his arrest, although not leaving time to give the statutory notice within that time, is no breach of a recognizance to deliver up " within thirty days." City Nat. Bank of Manchester ».

Williams, 122 Mass. 534.