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AND PROPER TO BE INCORPORATED.
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might; but as this statute gave to them a power of distraining also,
it appears on that account, proper
to be incorporated.
CHAP. 40. For physicians and their privilege.
See the note on 5 Hen. 8, Ch. 6.
35 Hen. 8.--A. D. 1543.
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CHAP. 6. The bill for the better appearance in the
nisi prius. (Part.)
It was under this statute, made perpetual by 2 and
3 Edw. 6, Ch. 32, &c. that the usual process in
juries of a tales de circumstantibus was had in the province, and
in the state. See 3 Bac. Abt. title
Juries, C. By the act of 1796, Ch. 67, S. 24, it is declared, that
in petitions for freedom, either party
shall have the right and privilege of challenging peremptorily to the number
of twelve jurors empannelled,
and that for want of a sufficient number remaining upon the original panel
a tales at the
prayer of either party, shall be awarded by the court. And by 1798,
Ch. 94, which is a supplement
to the act for the direction of sheriffs and coroners in the return of
jurors, and for the better regulation
of juries it is enacted, that the courts shall, at all times, have power
to direct talismen to be summoned
to serve on juries, where without such talismen there would not be twenty
of the original panal,
exclusive of the jury charged, from whom a jury can be formed. This
act, as well as that of
1796, seems to refer to an antecedent practice, and they are not inconsistent
with the provisions of this
statute; besides, that they are confined to civil cases. The 5th,
6th, 7th, 8th and 9th sections of this
statute are therefore considered proper to be incorporated, &c.
As to the other parts, see the note on
13 Edw. 1, St. 1, Ch. 38.
37 Hen. 8.--A. D. 1545.
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CHAP. 8. The act that any indictment lacking these
words, vi & armis, shall be
good. (Part.)
The first part of this statute, corresponding with
its title, is considered to have been always in force
in the province, and to remain so, although the words referred to are still
used in indictments; but
the evil complained of was, that indictments had been avoided by writ
of error, or plea for want of
them. It is therefore proper that this part of the statute should
be introduced, &c.
The 2d section took away the benefit of clergy from
horse stealers; but it is stated in East's Pleas
of the Crown, to have been repealed by the general words of the statute
1 Edw. 6, Ch. 12, except
so far as it was therein re-enacted, and that statute is referred to by
Blackstone, (4th vol. 289.) As
to this offence see the note on that statute.
1 and 2 Philip and Mary.--A. D. 1554.
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CHAP. 10. An act whereby certain offences be made
treasons, and also for the government
of the king's and queen's majestic's issue. (Part.)
See the note on 25 Edw. 3, Stat. 5, Ch. 2.
The 8th section, as to misprison of treason is considered
proper to be incorporated.
2 E
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