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Kilty's English Statutes, 1811
Volume 143, Page 224   View pdf image
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224                                                                STATUTES FOUND APPLICABLE,

    In the fee bill of 1763, the fees of the judge, register, and marshall of the Admiralty court were
established; as were also those of the register and marshall by our act of 1779.
    The Admiralty court for the state, was erected by a convention in May 1776, which among other
things provided, that the process and form of proceeding should be as usual in the courts of Admiralty,
except that a jury trial might be had upon any material controverted fact.
    The constitution of the United States, (Article 3, Sect. 2) declares, that the judicial power thereof
shall extend to all cases of admiralty and maritime jurisdiction; since which, the jurisdiction of the
Admiralty court in the state has ceased; but inasmuch as the bounds of the jurisdiction of the common
law courts and the Admiralty courts are ascertained by this statute, and as it may be resorted
to for that purpose by our state courts, and by the courts of the United States acting in this state, it is
therefore thought proper to be incorporated, &c.
 

Statutes made at Westminster, 17 Rich. 2.--A. D. 1393.

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CHAP. 6.  Upon an untrue suggestion in the chancery, damages may be awarded.

    See 3 Bl. Com. 451, as to the costs in chancery under this statute; according to which the practice
has been in the province and state, and still continues.

CHAP. 8.  The sheriffs and all other the king's officers, shall suppress rioters, and
imprison them, and all others offending against the peace.

    See 1 Bl. Com. 343, and Hale 496.  The general powers given by this statute appear to have
been applicable to the province, and to be so to the state.  The proceedings in the provincial court,
as to riots, for which there were several indictments, and some informations, are sufficient to induce
a belief, that this statute and the others, (except that of 1 Geo. 1. Ch. 5,) were in force in the province.
 

Statutes made at Westminster, 2 Henry 4.--A. D. 1400.

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CHAP. 7.  In what case the plaintiff shall not be nonsuit if the verdict pass against
him.

    For the meaning of this statute, (which is not easily discovered from the title or the text,) see Co.
Lit. 139, b.  As a general rule concerning the administration of justice, it appears proper to be incorporated,
&c.

CHAP. 11.  A remedy for him that is wrongfully pursued in the court of admiralty.

    See the note on 15 Rich. 3, Ch. 3.
 

Statutes made at Westminster, 4 Henry 4.--A. D. 1402.

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CHAP. 5.  Every sheriff shall, in person, continue in his bailwich, and shall not let
it.  (Part.)

    This statute, relating to the general duties of the sheriff is considered to have been, and to remain in
force, except as to the oath therein required.  I observe, however, in the case of Gusham against

 

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Kilty's English Statutes, 1811
Volume 143, Page 224   View pdf image
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