142
STATUTES NOT FOUND APPLICABLE,
Charta Forestæ, made at Westminster, 9 Hen. 3.--A.
D. 1225.
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These laws are contained in 16 chapters, the titles
of which it is not necessary to give. None of
them were applicable to the circumstances of the people, so as to have
extended certainly to the
province; although it is possible that the 5th chapter, declaring when
rangers should make their
range in the forest, may have given rise to the provisions respecting them
in the act of 1715, Ch. 21,
and in the preceding acts on the same subject.
Statute of Marlbridge, 52 Hen. 3.--A. D. 1267.
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CHAP. 5. A confirmation of the great charter, and
the charter of the forest.
This statute was in force with the parts of the great
charter that were applicable, and might, if necessary,
be considered so as to those parts which are still retained; but the confirmation
is not considered
necessary to be incorporated with them.
CHAP. 17. The authority and duty of a guardian in
socage.
There is reason to believe that this statute, except
as it related to the giving or selling the marriage
of the heir, was applicable to the circumstances of the people; but on
account of the several provisions
in other laws, it is not thought proper to be incorporated, &c.
CHAP. 29. In what cases a writ of entry sur disseisin
in the post doth lie.
It is stated in 3 Bl. Com. 182, that this statute
(there described as Ch. 30) gave rise to the writ of
entry sur disseisin in the post, on which the form of common recoveries
was usually grounded,
which form appears in the appendix to the 2d vol. p. xvii.
It is known that common recoveries were in frequent
use under the provincial government, so as
to have grown to be common conveyances, as is expressed in the act for
their aid, where they were
defective, (1766, Ch. 21.)
That act also recognised the statute, 14 Geo. 2, Ch.
20, on the same subject.
There are in the provincial records, a great number
of common recoveries suffered from 1716 upwards;
and also of recoveries by fine which commenced in 1658.
But these recoveries being disused since the act of
June 1773, the provisions of which were re-enacted
in the act of November 1782, Ch. 23, concerning estates tail, it is not
necessary that any
statute respecting the former should be incorporated with our laws.
The statute of Westminster, 1, 3 Edw. 1.--A. D. 1275.
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CHAP. 4. What shall be adjudged wreck of the sea,
and what not.
It is stated in 3 Bl. Com. 291, that the legal doctrine
of wrecks has stood upon this statute; and it
was applicable to the circumstances of the people in the province, inasmuch
as what was wreck,
might come in question therein. There is reason to believe that the
right to wrecks, though not expressly
mentioned, was included in the 2d section of the charter to lord Baltimore;
but however that
may be, I find by the council proceedings in 1694, that a power of
attorney was given to the then governor,
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