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AND PROPER TO BE INCORPORATED.
211
In the act of 1721, Ch. 14, there are some directions
respecting costs which are not very intelligible,
and a great part of that act has been since altered.
There are also a variety of acts concerning costs in
particular cases, but they not interfere with
this statute; which, from the long practice under it is proper to be incorporated
(in substance) with
our laws.
These remarks apply the last part of this statute; the
first part not having been applicable to the
province. See the note on 9 Hen. 3, Ch. 12.
CHAP. 5. Several tenant against whom an action of
waste is maintainable.
The letter from S. Chase, which has been mentioned
in the introduction, was written in answer to
an enquiry whether the provision in this statute which gave treble damages
in actions of waste
against a tenant in dower, had been extended by any decision, or adopted
by the practice of our
courts. The reply was, that no decision was recollected, nor any
action in which treble damages
were given, but the inference to be drawn from the other expressions in
the letter was, that it had
been extended, which was the fact, according to what I have been able to
discover. See Harris'
Entries--Waste. The case in 1 vol. 700, was compromised, and in that
1 vol. 702, the verdict
was " not guilty." There is nothing to prevent its being considered
as proper to be incorporated, unless
the legislature should otherwise determine.
CHAP. 7. A writ of entry in casu proviso,
upon a woman's alienation of dower.
See 2 Bl. Com. 136 and 137. The general principle
of this statute appears to have been applicable
to the situation of tenants in dower, whose estates were regulated by the
English law, although the
form of action might be different from that herein mentioned.
The statute of Westminster 2, 13 Edw. 1, Stat. 1.--A.
D. 1285.
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CHAP. 1. In gifts in tail, the donor's will shall
be observed.--The form of a formedon.
(Part.)
It would be useless to enter into any explanation
of this statute, which is well known to have extended
to the province.
The methods of barring estates tail by fine or by common
recovery, have not been used since the
passage of the act of 1773, and the act now in force, (November 1782, Ch.
23.) See the note on 52
Hen. 3, Ch. 29.
The 6th section of the act to direct descents declared,
that nothing therein should affect the case
of any entail made, created, or in being before the commencement thereof,
&c. although by the 2d
section, estates tail general, thereafter created, were to descend as other
estates.
The testamentary law, (Ch. 1, S. 1,) excepts estates
tail out of the description of real estates, subject
to be transferred by will.
This statute is considered proper (as the laws now stand,)
to be incorporated, &c. except as to the
form of the formedon, which is now in use; but in the statute of
limitations, (21 Jac. 1, Ch. 16,)
twenty years is the time of limitation in writs of formedon, which
is also the limitation in actions of
ejectment, the same statute declaring that no entry can be made unless
within twenty years after the
right accrues. This statute is mentioned in the letter from S. Chase,
which has been referred to.
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