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AND PROPER TO BE INCORPORATED.
209
and I do not find that distresses were mentioned before the revolution,
except as to certain fines and
levies. The act of February 1777, (alluding to certain resolves
of the convention) declared, (Sec. 5.)
that it should be lawful for persons to distrain for rent sue, and for
any magistrate to issue his warrant,
as might have been done if the said resolves had not been made.
Under this statute, the distress could not be sold within
fifteen days, which is since altered by 2 W.
and M. Ch. 5, &c. Beasts of the plough, and sheep were exempted,
and distresses were to be reasonable,
which is also provided for by the statute of Marlbridge. See 3 Bl.
Com. 9; 1 Burrows 588
and 589; and 2 Bac. Abt. title Distress, E.
Statute of Marlbridge, 52 Hen. 3.--A. D. 1267.
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CHAP. 4. A distress shall not be driven out of the
county, and it shall be reasonable.
See the note on 51 Hen. 3, St. 4, de districtione
saccarii, as to the general extention of the statutes
relative to distresses for rent. As to this statute, (which is considered
proper to be incorporated
with our laws,) see 3 Bl. Com. 12; 2 Bac. Abt. title Distress E, and Espinasse
400. This statute is
mentioned in the letter from S. Chase, which has been referred to.
CHAP. 15. In what places a distress shall not be
taken.
Although this statute was only in affirmance of the
common law, it is considered to have extended
with the other statutes concerning distresses for rent, and is proper
to be incorporated with our laws.
See 3 Com. Dig. 555.
CHAP. 23. A remedy against accomptants.--Fermors
shall make no waste.
The first part of this statute is stated in Fitzherbert's
Natura Brevium, to be out of use in England;
but a contrary opinion is given in 2 Inst. 144. See also 3 Coke,
11 and 12; and 2 Bac. Abt. title Execution
C, stating that this statute with others introduced the capias, which did
not before, lie in those
cases. The second part is also considered to have been applicable,
and as being proper to be incorporated
with our laws. See 2 Bl. Com. 281; and 5 Bac. Abt. title Waste, A.
The statute of Westminster 1, 3 Edw. 1.--A. D. 1275.
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CHAP. 15. Which prisoners be mainpernable and which
not.--The penalty for unlawful
bailment. (Part.)
The taking of bail in criminal cases has been regulated
in the province, and in the state by this
statute, together with 3 Hen. 7, Ch. 3; 31 Car. 2; 1 and 2 Ph. and M. and
1 W. and M. &c.
and no act assembly was passed on the subject before the revolution.
It is incidentally mentioned in the act of 1798, Ch.
106, respecting writs of habeas corpus, and by
October 1780, Ch. 10, the sheriffs are directed to take bail bonds payable
to the state, from all persons
taken on any criminal writ for any offence less than felony, and if the
criminal is not sufficient and
cannot find security, he is to be taken before a magistrate, to be dealt
with according to law. See as
to this statute, 1 Bac. Abt. title Bail in Criminal Cases, A. and 4 Bl.
Com. 294-5-6.
2 B
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