240
STATUTES FOUND APPLICABLE,
damages, if less that the arrears of rent; or if more, then so much
as shall be equal to such arrear.
See 3 Bl. Com. 150, Espinasse 376 and 377; and Buller's N. P. 57 and 58.
See also 2 Harris' Entries
135.
CHAP. 8. An act for avoiding unnecessary suits and
delays.
This statute has been practised under in the province,
and in the state. As to the first part declaring,
that the death of either party between the verdict and the judgment, shall
not be alleged for error,
so as such judgment be entered within two terms after the verdict.
See 1 Bac. Abt. title Abatement,
B. This provision does not appear to be affected by the act of 1785,
Ch. 80, " to alter and
amend the law in certain cases;" for although it says that no action in
any court of law shall abate
by the death of either of the parties, it provides only for cases where
the action by such death would
have abated. The 2d section has also been in force in the province,
and remains so; this case not
being expressly provided for in the testamentary system, which (in Ch.
8, S. 5,) gives to executors
and administrators power to commence and prosecute any personal action,
which the testator or
intestate might have commenced, but says nothing as to judgments obtained
in the names of former
executors or administrators. See 2d Vernon, case 220, in which the
statute 30 Charles 2, which revived
and continued this, was referred to by the court on an objection to the
want of privity by the
administrator de bonis non, to the administrator who had obtained
a decree. This statute is mentioned
in the letter from S. Chase, which has been referred to.
19 Charles 2.--A. D. 1667.
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CHAP. 6. An act for redress of inconveniences by
want of proof of the deceases
of persons beyond the seas, or absenting themselves,
upon whose lives estates do
depend. (Part.)
Although I have not met with any proceeding from
which the extention of this statute could be
ascertained, it seems reasonable to conclude that the 2d and 5th sections
were in force. The challenge
given by the 3d section to the reversioner, I have not heard of any
instance of the use of in
the province, or the state, but it appears equally reasonable.
22 and 23 Charles 2.--A. D. 1670.
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CHAP. 20. An act for the relief and release of poor
prisoners for debt. (Part.)
The 13th section of this statute, (supposing the
others not to have been in force,) appears to have
been applicable to the situation of the province, to prevent the confinement
of felons and debtors in
the same apartment. See the act of 1801, Ch. 80, as to the gaol in
Baltimore county.
29 Charles 2.--A. D. 1676.
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CHAP. 3. An act for prevention of frauds and perjuries.
(Part.)
This is generally termed the statute of frauds, or
of frauds or perjuries. There can be no doubt
of its having been adopted in the province, and continued in practice in
the state, although according
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