AND PROPER TO BE INCORPORATED.
217
There was an act of assembly on the subject in 1697,
which was of short duration. It is not recorded,
and therefore the substance of it cannot be certainly known, but the title
is " An act for reformation
of jeofails in Maryland;" and I find in the journal of the Upper House,
that this act was
read the first time and passed. " His excellency recommending that
they would consult their other
laws, and ascertain what laws of England would be proper to be of force
in this province."
The act of 1763, Ch. 23, directed, that judgments should
be given according as the very right of
the cause and matter in law should appear, &c. which provision was
nearly copied from the statute 4
Anne, Ch. 16.
The act of 1785, Ch. 80, to alter and amend the law
in certain cases, went further than any of these
statutes had gone, by allowing amendments in all proceedings before verdict,
and permitting a juror
to be withdrawn for that purpose; but it did not include or alter the provisions
of this statute as to
the mistake of a syllable or letter; the provisions of others as to the
amending of records, or those
by which mispleadings, &c. were aided by verdict.
The act of 1809, Ch. 153, concerning the amendment of
judicial proceedings, repeats the provision
in the act of 1785. It contains also directions as to the amendment
of writs of error, similar to those
in the statute 5 Geo. 1, Ch. 13; and as to defects of form after verdict,
similar to those in the statute
16 and 17 Charles 2, Ch. 8, with some additions; but it is not certain
that it provided for the defects
remedied by other statutes; and if it does, it is not inconsistent
with them. This statute therefore,
(with the others which will be noted,) is considered proper to be incorporated
with our laws.
CHAP. 10. Sheriffs shall have the keeping of gaols.--A
prisoner by duress becometh
an approver. (Part.)
See the note on 19 Hen. 7, Ch. 10.
A statute of purveyors, 25 Edw. 3, Stat. 5.--A.
D. 1350.
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CHAP. 2. A declaration, which offences shall be
adjudged treason. (Part.)
It is of importance to ascertain the situation in
which we stand as to this statute, to which we have
so long been accustomed; and for this purpose it will be necessary to consider
at some length, the
doctrine of treasons in the province, and in the state.
Among the acts prepared in the session of 1637, but
not enacted into laws, there was a bill for
treasons, the provisions of which cannot now be ascertained; and among
the thirty-six acts read
but not passed in 1638, there was also an act for treasons, which was as
follows: " To compass or
conspire the death of his majesty the king of England, or the queen his
wife, or of his son and heir,
or to levy war against his majesty, or to counterfeit the king's great
or privy seal, or his coin, or to
join or adhere to any foreign prince or state, being a professed and declared
enemy to his majesty, in
any practice or attempt against his said majesty; or to compass, conspire,
or cause the death of the
lord proprietary, within this province, or of his lieutenant general for
the time being, (in absence of
the lord proprietary,) or to levy war against the lord proprietary, or
his lieutenant general, or to join,
adhere, or confederate with the Indians of these parts, or any foreign
prince, or government, to the
invading of this province, or disheriting the proprietor of his signiory
and dominion therein." It will
be perceived, that these acts of treason, as far as they related to the
king, were comprised in nearly
the same words as the 1st, 3d, 4th, 5th and 6th branches of treason, defined
by this statute.
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