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178
STATUTES FOUND APPLICABLE,
The sixth section of the act, has the same object
as the tenth of the statute, to wit: prescribing the
penalty for denying a habeas corpus, but instead of the forfeiture
in the latter, of 500l. it declares
that the persons refusing, shall be liable to the action of the parties.
The seventh section of the act is nearly the same in
substance, with the seventh and eighth of the
statute.
Although these alterations in the statute, must
be familiar to those gentlemen who were concerned
in the passage of the act, I have thought it necessary to make a comparison
of their respective provisions,
the result of which (considering the apparent intention of the legislature)
is, that the ten first
sections of this statute are not proper to be incorporated, &c.
The eleventh section related to counties palatine and
privileged places. The twelfth, to sending
prisoners to Scotland, Ireland, Jersey, &c. The thirteenth, to
persons transported upon contract.
The fourteenth to persons convicted and transported; and the fifteenth,
to imprisonment before the
1st of June 1679. The sixteenth, directing that persons might be
sent to be tried, to Scotland, Ireland
or any of the islands or foreign plantations of the king, where they committed
the offence, must
have been in some degree applicable to the province, but ceased to be so
in the state.
The seventeenth section, directing the time within which
prosecutions were to be made, must be
presumed to have been purposely omitted, as well as the twentieth, respecting
the mode of pleading.
The eighteenth and nineteenth, related to trials in the assize courts;
so that upon the whole, it follows,
that no part of this statute is proper to be incorporated with our laws.
1 James 2.--A. D. 1685.
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CHAP. 4. An act granting to his majesty an imposition
upon all tobacco and sugar
imported, &c.
This statute extended to the province as far as it
related to the duty on tobacco.
CHAP. 17. An act for revising and continuing several
acts of parliament therein
mentioned.
The 6, 7 and 8 sections, provided for in the testamentary
law.
1 William and Mary, Sess. 1.--A. D. 1688.
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CHAP. 8. An act for the abrogating the oaths of
supremacy and allegiance, and
appointing other oaths.
The oath of supremacy was by 1 Eliz. Ch. 1, and the
oath of allegiance by 3 James 1, Ch. 4. I
do not find any act of assembly respecting the oaths prescribed by this
statute; but it was taken by
the several officers. The first instance found was in 1697, where
it is stated in the provincial records,
that the justices took the oaths required by act of parliament, instead
of the oaths of allegiance and
supremacy.
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