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STATUTES FOUND APPLICABLE,
CHAP. 45. The process of execution of things recorded
within the year, or afterwards.
The practice under this statute in the province and
in the state, is well known. See 4 Bac. Abt.
title sire facias, C; and Harris' Entries 2d Vol. 728. This
statute is mentioned in the letter from
S. Chase, which has been referred to. See the act of October 1778,
Ch. 21, Sect. 7 as to the issuing of
executions within one year after the expiration of the stay of execution;
and after the dissolution of
any injunction or the discharge or expiration of any supersedeas on appeal,
or writ of error.
The statute of Westminster, 13 Edw. 1, Stat. 2.--A.
D. 1285.
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CHAP. 1. Fresh suit shall be made after felons and
robbers, from town to town.
See the note on West. 1, 3 Edw. 1, Ch. 9. Although
the commission of robberies has been, and is
less frequent in this country, than in that from which we descended, yet
there are few persons but
what have considered the pursuing of robbers, and the cry of " stop thief,"
as the established and proper
mode of effecting their apprehension.
The manner in which felons were to be apprehended, was
not a circumstance to be noted in the
records of their trials, and therefore it is not surprising that no entry
respecting the pursuit of them
by hue and cry has been found; but in addition to the general opinion and
usage, and to the nature
of the duties which these statutes impose, I shall refer to the act passed
in 1715, Ch. 15, for the appointment
of constables, and what relates to their offices, which may be considered
as a recognition
of their duty, as well under the statutes as under the common law.
The parts of the act relied on
are in the form of the oath: " You shall do your best endeavour upon
complaint to you made, to
seize all felons, barretors, rioters, or persons riotously assembled; and
if any such offender shall
make any resistance with force, you shall levy hue and cry, and
cause them to be pursued, so as
they may be taken. You shall do your best endeavours that hue
and cry be duly raised and pursued
against murderers, thieves and other felons, and fugitive servants."
There are also in the council proceedings, several orders
respecting the posse comitatus to the same
effect. The substance of this statute us therefore considered proper
to be incorporated with our laws.
CHAP. 4. At what time the gates of great towns shall
be shut.--And when the
night-watch shall begin and end. (Part.)
See the above note on Ch. 1, as to the last part
of this statute.
An ordinance for inquests, 33 Edw. 1, Stat. 4.--A.
D. 1304.
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He that challengeth a jury or juror for the king, shall
shew cause.
See 3 Bac. Abt. title Jurors, B. This statute
is considered to have been applicable to the proprietor,
and to be now applicable to the state, in challenges to be made.
The act of 1797, Ch. 87, respecting jurors, provides
in the 9th section, that nothing therein shall
take away the right of any person to challenge the array or polls of any
panel returned in the manner
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