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                                                        BUT NOT PROPER TO BE INCORPORATED.                                                        143

from the duke of Shonbergh and Leicester, to whom the king and queen, William and Mary,
had granted all such wrecks, jetsan flotsan and ligan, goods derelict, &c. which had or should be left
or cast away, wrecked or lost, in or upon any of the rocks, shelves, &c. in America, between certain
latitudes therein.
    In the next year there was a petition to the governor from E. G. for a commission to seize all
wrecks condemnable by law, on the sand banks adjoining to the seaboard side, or breakers of the
main sea within the county of Somerset, and entreating that the king's allowance might be moderate,
which commission, was accordingly ordered.
    Supposing the state to have succeeded to those rights; yet, by the act for appointing a wreck master
in Worcester county, (1799, Ch. 82,) the proceeds of the property sold by him are to be transmitted
to the treasurer, for the benefit of the owners or insurers, without any limitation of time.  It
appears, therefore, that this statute is not proper to be incorporated with our laws.
 

Statutes made at Gloucester, 6 Edw. 1.--A. D. 1278.

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CHAP. 9.  One person killing another in his own defence, or by misfortune.--Anm
appeal of murther.  (Part.)

    The last part was in force as far as that mode of prosecution was used.  See the note on 9 Hen.
3, Ch. 34.
 

A statute of Mortmain, 7 Edw. 1, Stat. 2.--A. D. 1279.

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Who shall take the forfeiture of lands given in mortmain.

    See the note to 9 Hen. 3, Ch. 36. and see 2 Bl. Com. 270.

Statutum de Mercatoribus.
 

The statute of Acton Burnel, 11 Edw. 1.--A. D. 1283.

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Ordaining the statute merchant for recovery of debts.

    Although Blackstone, in speaking of statutes merchant, refers only to the 13th Edw. 1, Stat. 3, it is
laid down in 2 Bac. Abt. title Execution B. that they were created by this statute.
    It appears that this kind of execution was used in the province--there being several records of
extents in 1656, 1658, &c.
    It is to be observed also, that the act for limitation of certain actions, &c. (1715, Ch. 23,) mentions
bills, bonds, judgments, recognizances, and statutes merchant, or of the staple.  But they have not
for many years past been in use, and therefore the statutes concerning them, are not proper to be incorporated.

 

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Kilty's English Statutes, 1811
Volume 143, Page 143   View pdf image
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