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AND PROPER TO BE INCORPORATED.
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always allowed by the laws of the state, which in this respect were
the same as those of England.
This statute is referred to also in 4 Bl. Com. 347.
An ordinance for measuring of land, 33 Edw. 1. Stat.
6.--A. D. 1305.
We have no act of assembly respecting the measurement
of land, but have been regulated therein
by the law of England.
In the earliest conditions of plantation that are on
record (Land Holder's Assistant, p. 30,) it appears
that the governor was authorised to make to certain persons, grants of
2000 acres of land, of
English measure.
It is stated in Jacob's Law Dictionary, (title Acre,)
that according to the statute, 34 Hen. 8, one
hundred and sixty perches make an acre, being 40 multiplied by 4, and that
the ordinance for measuring
land agreed with that account.
There is in Cay's Abridgment a statute mentioned" compositio
ulnar et pert," stating that 3
grains of barley dry and round make an inch, 12 inches a foot, 3 feet a
yard, 5 1/2 yards a perch, and
40 perches, and 4 in breadth an acre, from Ractal's Abridgment.
Statute de frangentibus prisonam, 1 Edw. 2, Stat. 2.--A.
D. 1307.
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In what cases it is felony to break prison, in what not.
This statute was considered applicable to the circumstances
of the people, and was adopted by the
provincial court, and still remains in force.
The provision therein, is, that none that break prison
shall have judgment of life or member for
breaking of prison only, except the cause for which he was taken and imprisoned,
did require such
judgment. " Having judgment of life or member," means, according
to lord Coke, " bring attainted
of felony;" but the felony in this case was within the benefit of clergy.
See 1 Hale, 612.
There are in the provincial records, several cases of
prosecutions under this statute, in some of
which it is particularly named in the indictments. They were in the
years 1706, 1720, 1722, 1723,
1724 and 1725; and it appears that in some of them the offenders were sentenced
to death.
This offence is not mentioned in the act of 1809, Ch.
138, concerning crimes and punishments,
although there is a provision in the 32d section, as to escapes from the
penitentiary, and in the 7th
section as to fugitive felons--i. e. persons who had been convicted and
condemned to serve and
labour as criminals.
This statute is therefore considered proper to be incorporated,
&c. subject however to the directions
contained in the 11th section of the act aforesaid, in place of the benefit
of clergy.
Statutum de carleol de finibus, 15 Edw. 2.--A. D.
1322.
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The conusor of a fine shall come personally before the
justices.--Where a commission
shall be awarded to take a fine.--Who may admit attornies. (Part.)
The part respecting the admission of attornies is
considered to have been in force, and as proper
to be incorporated. See the note on 4 Hen. 4, Ch. 18.
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