See the note on 25 Edw. 3, St. 5, Ch. 17.

    It is under this statute that defendants prevailing in suits recover their costs.  See 3 Bl. Com. 399;
and 1 Bac. Abt. title Costs, D.  There are several acts of assembly respecting costs, but none that
interfere with this statute, which is therefore considered proper to be introduced, &c.
 

    See 3 Bl. Com. 400.  This statute was probably in force in the province, on the ground of the proprietors
having the same privileges in suits as the king in England, although I have not met with any
instances of suits by persons for the use of the proprietor, nor are such suits now usually brought
for the use of the state.  But as it is competent for the state to have such suits brought, it is proper that
this statute should be incorporated, &c.
    See the act of 1799, Ch. 79, Sec. 7 and 8; the latter of which provides, that in no case shall the
state be liable to costs in which it is not at present liable.  This relates in strictness to suits against
the state; but it recognises a general rule as to costs in respect to the state, and such rule had not
been made by any act of assembly.
 

    See 2 Bl. Com. 332.  This statute, generally called the statute of uses, has always been in force in
the province, and remained so in the state as to those parts concerning uses dower and jointure.
As to the two latter, see Harris and McHenry's Reports, p. 568.  The parts from the 1st to the 10th
sections, (both inclusive,) appear proper to be incorporated, &c. and the 14th section also.  The 11th,
12th, 13th, 15th, 16th, 17th and 18th, are considered as not proper to be so.  The 11th section related
to wills made before that time.
 

    This statute, by which joint tenants and tenants in common are compellable to make partition, is
known to have extended to the province, and to remain in force in the state.  The remedy is extended