BUT NOT PROPER TO BE INCORPORATED.
167
not delegate it to others; nor have I found any instance of the appointment
of a deputy to make replevins
pursuant to this statute.
4 and 5 Philip and Mary.--A. D. 1557.
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CHAP. 4. An act, that accessaries in murder and
divers felonies shall not have the
benefit of clergy.
This statute extended to the province equally with
the others that have been noted on the same
subject, as appears by several cases in the provincial court, but is
not necessary to be now incorporated,
&c. for the reasons heretofore assigned.
CHAP. 8. An act for the punishment of such as shall
take away maidens that be
inheritors, being within the age of 16 years, or that
marry them without consent
of their parents.
See the note on 3 Hen. 7, Ch. 2, but this statute
appears to have been in force in the province,
thought there are but two cases of prosecutions under it; the first, in
1659 was sent up from Calvert
county, and was in the form of an action by W. B. against H. M. as follow:
" The complainant
sueth the defendant in an action of felony, for stealing away Grace M.
his daughter-in-law, who is
under age; the defendant denies that he stole her; the said Grace confesseth
in court that she did go
willingly with him. Several depositions were produced, and the defendant
craved a nonsuit, which
was granted.
In the next case (in 1682) the indictment pursued with
exactness the expressions in the statute. It
charged that several persons above the age of fourteen, did take and carry
away one S. B. of C.
county, a spinster, a maid or woman child, unmarried, within the age of
16 years, then and there having
lands and tenements, goods and chattels of the value of 500l.
sterling, out of the possession, and
against the will of N. S. who by lawful ways and means had the ordering
and keeping, &c. of her
the said S. B. against the peace and against the form of the statute, in
this case made and provided.
The indictment was returned " ignoramus," whether for want of proof,
or for what cause, cannot
be ascertained. This statute not having been repealed, may be said
to remain in force in the state,
but considering the few cases that have occurred under it, the nature of
the offence, and the manners
and customs of the inhabitants, it does not appear proper or necessary
to be incorporated, &c. The
punishment was imprisonment for two or five years, or fine by the star
chamber.
5 Elizabeth.--A. D. 1562.
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CHAP. 14. An act against forgers of false deeds
and writings.
There was not before the revolution, any act of assembly
respecting forgery as described in this statute,
except as to the inspection notes for tobacco, and the impairing records
or wills, although it
was mentioned among the 36 laws proposed in 1638. This is an
offence at common law, punishable
by fine and imprisonment, an by corporal punishment, which is usually that
of the pillory. There
were several cases, commencing as early as 1669, of prosecutions at common
law. There were also
several under this statute.
In a trial for forging a deed in 1685, the indictment
concluded against the form of the statute; the
sentence was, to stand in the pillory, to have the right ear cut off, and
to be imprisoned one year. In
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