CHAP. 13. After issued joined, there shall
be
but one essoin, or one default.
CHAP. 14. They which have charters of exemption.
must in some cases be sworn.
CHAP. 16. The heirs remedy, if the lord do
keep him forth--the king's primor seisin.
CHAP. 18. Who only may amerce for default
of common summons.
CHAP. 19. None but the king shall hold plea
of false judgment.
CHAP. 20. In which courts none shall need to
swear to warrant their essoin.
CHAP. 21. Who may take replevins of distresses.
CHAP. 22. None shall compel his freeholder
to answer for his freehold.
CHAP. 24. For what causes townships ought
to be amerced. |
CHAP. 16. Obsolete in England. See 12 Car.
2, Ch. 24.
CHAP. 21. Notwithstanding the general extention
of the statutes relative to distresses for rent,
it appears that this statute could not have been applicable
to the circumstances of the people on the
settlement of the province.
The inconvenience and delay which gave rise
to the statute in England, did not exist here in the
same degree. The sheriffs were not the persons so
responsible as in England, and they held no
courts. I have met with no instance of a replevin
by plaint, but in the records of the provincial
court in 1714 some of the writs are stated as issuing
from the chancery court, and others do not
state the court from which they issued.
The proceedings appear therefore to have been
under the common law, (as they are at present,)
the writs having been issued from the provincial
court, and since, from the general court, and county
courts respectively, to which they were returnable.
See 4th Bac. Abt. title Replevin, B. C. and
E.
The act of June 1773, Ch. 1, concerning estates
tail, and the jurisdiction of the county courts,
which expired in 1786, directed that writs of replevin
might issue from the county courts, returnable
to the same. |
