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AND PROPER TO BE INCORPORATED.
239
The testamentary law, in the 12th chapter, gives
directions as to any orphan who shall not have a
natural guardian, or guardian appointed by last will, agreeably to the
statute in that case provided;
and by the 3d section such guardian may be called on to give bond for performance
of his trust.
The 9th section, as to the power of such guardians,
may also be retained in connection with the
provisions in the testamentary law. The 10th and 11th sections related
to the city of London, and to
feodal titles of honor, and the remainder of the statute related to purveyance,
and the king's revenue,
and of course never extended to the province.
16 Charles 2.--A. D. 1644.
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CHAP. 7. An act against deceitful, disorderly and
excessive gaming.
This statute is in some respects altered by 9 Anne,
Ch. 14, which is the one most frequently relied
on; but it appears by the cases 2 Wilson 36, and Cowper 281, that the statute
of Anne has reference
to this in relation to the general words, " other game or games;" and as
that statute extended to the
province, and is still in force, the same must be said of this one in that
respect; and also, as to the
3d section, under which contracts, securities, &c. are declared void,
which first words are not inserted
in the statute of Anne. It is therefore considered proper that this
statute should be introduced, &c.
together with that of Anne, on which a further note will be made.
16 and 17 Charles 2.--A. D. 1664.
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CHAP. 8. An act to prevent arrests of judgment and
superseding executions.
(Part.)
See the note on 3 James 1, Ch. 8, as to the 3d section,
which did not extend to the province, except
as to dower and ejectment. As to the first part, see the note on
14 Edw. 3, St. 1, Ch. 6. This statute
in the 1st and 2d sections, declares in what cases judgment after verdict
shall not be stayed for
default of form in pleading.
The act of 1713, Ch. 4, requiring security only in cases
of the recovery of debt or damages, it is to
be presumed that the removal of ejectments and cases of dower, have been
under this statute, which
is therefore proper to be continued as to that part; but it has not been
the practice for the courts to
issue writs to enquire of the mesne profits according to the 4th section,
actions being afterwards
brought therefor.
17 Charles 2.--A. D. 1665.
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CHAP. 7. An act for a more speedy and effectual
proceeding upon distresses and
avowries for rents.
See the notes on 51 Hen. 3, St. 4. Under this
statute the defendant or avowant for rent arrear,
may have a writ to enquire into the value of the distress by a jury, and
shall recover the amount in
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