AND PROPER TO BE INCORPORATED.
223
Statutes made at Westminster, 9 Rich. 2.--A. D. 1385.
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CHAP. 3. A writ of error or attaint maintainable
by him in the reversion. (Part.)
This statute has been, and is in force as to writs
of error, see 3 Co. p. 4. As to attaints, see the
note on 3 Edw. 1, Ch. 38.
Statutes made at Westminster, 13 Rich. 2, Stat. 1.--A.
D. 1389.
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CHAP. 5. What things the admiral and his deputy
shall meddle.
This statute must be considered as having been in
force in the province, connected with that of 15
Rich. 2, Ch. 3, respecting the admiralty jurisdiction. See the note
on that statute.
CHAP. 9. There shall be but one weight and one measure
throughout the realm,
saving in the county of Lancaster.--The
weight of wool and the refuse thereof.
(First part.)
See the note on 9 Hen. 3, Ch. 9.
Statutes made at Westminster, 15 Rich. 2.--A. D. 1391.
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CHAP. 2. The duty of justices of peace when any
forcible entry is made into lands,.
See the note on 5 Rich. 2, Stat. 1, Ch. 8.
That statute gave no speedy remedy; by this it was provided,
that on complaint to the justices of peace, or any of them, they should
take sufficient power of
the county, and go to the place; and the persons holding by force after
such entry were to be imprisoned.
For the form of proceeding under this and the other statutes, see 2
Harris' Entries 59 to 66.
This statute appears to be included in the letter from S. Chase, before
referred to.
CHAP. 3. In what places the Admiral's jurisdiction
doth lie.
This statute was certainly in force in the province,
and may be proper to be incorporated, for the
reasons that will be hereafter mentioned. Among the thirty-six
bills read, but not passed in 1638,
there was one for erecting a court of admiralty, which was to have the
same powers as the high court
of admiralty in England; and some other special provisions were made therein.
No other act of
assembly was passed for the establishment of such courts, but they
were established by the governors,
under the powers granted by their commissions, and the proceeded according
to the laws of
England, and the rules of the admiralty court therein. In 1694, there
was a petition from I. H.
commander of the ship Providence, stating that he took a French vessel,
which was condemned by
the court of vice-admiralty here, and that there was no receiver
for the king. " Order to set the
condemnation aside for want of a marshall and a register, and a trial to
be had by a court to be appointed
according to governor Nicholson's commission."
This statute declared, that of all manner of contracts,
pleas and quarrels, and of all other things
rising within the bodies of the counties, as well by land as by water,
and also of wreck of the sea,
the Admiral's court should have no manner of power, &c. of course it
must have extended to the
province, for the regulation of the Admiralty courts therein, and establishing
their boundaries. See
3 Bl. Com. 106.
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