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Kilty's English Statutes, 1811
Volume 143, Page 212   View pdf image
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212                                                                STATUTES FOUND APPLICABLE,

CHAP. 2.  A recordare to remove a plaint.--Pledges to prosecute a suit.--Second
deliverance.  (Part.)

    This statute relates to replevins by writ, as well as to those by plaint.  It is laid down in Epinasse,
that the sheriff in either case is to pledge de retorno habendo, which may be by bond.  These
bonds are with us taken by the clerk of the court issuing the replevins, which was always the practice
in the province.
    The writ of recordare, applying to replevins by plaint, is not in use, and the writ of pone, which
lies in replevin by writ, has been used chiefly in cases where the defendant in replevin did not appear,
which became necessary in actions of replevin, such as have been generally bought for the trial of
titles to property.  As to the last part of the statute, see 4th term reports, 510.

CHAP. 4.  Where the wife shall be endowable of lands recovered against her husband.
    --Where the heir may avoid a dower recovered.--A remedy for particular
    tenants losing by default.  (Part.)

    See 2 Bac. Abt. title Dower, F; but the writs therein mentioned are not all in use.

CHAP. 7.  Admeasurement of dower for the guardian and the heir; and the process
thereon.

    See 2 Bac. Abt. title Dower, K; and 2 Bl. Com. 136.  See in 2d Harris' Entries, 697, a writ of 
habere facias seisinam or admeasurement of dower.

CHAP. 11.  The master's remedy against their servants and accomptants.  (Part.)

    See the note on 1 Rich. 2, Ch. 12; and 52 Hen. 3, Ch. 23.

CHAP. 14.  The process in an action of waste.--A writ to enquire of waste.

    See the note on 6 Edw. 1, St. 3, Ch. 5, and see the form of the writ in Harris' Entries, 2d vol. 773.
This statute is mentioned in the letter from S. Chase.

CHAP. 15.  An infant eloigned may sue by prochein amy.

    See 2 Inst. 390-261, cited in 5 Com. Did. title Pleader 2, C. 1.

CHAP. 22.  Waste maintainable by one tenant in common against another.

    See 5 Bac. Abt. title Waste, G; and see the note under 6 Edw. 1, Ch. 5.  This statute is mentioned
in the letter from S. Chase, which has been referred to.

CHAP. 24.  A writ of nuisance of a house, &c. levied and aliened to another.--A
    quod permittat and juris utrum for a parson of a church.--In like cases like writs be
    grantable.  (Part.)

    See 3 Bl. Com. 51, 183 and 184.  Although the manner in which writs are now framed is not the
same, it is considered that the general rule as stated in the last part of the title was applicable to the
province, and ought to be incorporated, &c.

CHAP. 31.  An exception to a plea shall be sealed by the justices.

    See 3 Bl. Com. 372.  This statute has always been practised under in the province, and in the state.
See Harris' Entries, (2d vol. 675,) in which there is a writ from the chancery court to the justices.

 

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Kilty's English Statutes, 1811
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