242
242
STATUTES FOUND APPLICABLE,
The 25th section was in force, with that of 22 and
23 Charles 2, Ch. 10, on which a note has
been made.
The parts of this statute which have not been remarked
on, are considered as having been, and remaining
in force, and appearing to be so from the general usage and practice of
the courts; and the
result of the enquiries made, is, that the parts proper to be incorporated
with our laws, are sections 1,
2, 3, 4, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 2.
With respect to the 24th section it is further to be
observed, that by the act of 1715, Ch. 29, for
the better administration of justice in testamentary affairs, the judge
or commissary general, was directed
to proceed according to the laws of England then in force, or to be thereafter
in force, within
12 months after such laws should be published in Great Britain, if pleaded
before him, saving in such
cases as by that act was provided; and he was authorised to take the probat
of any will, although the
same concerned titles to land.
CHAP. 7. An act for the better observation of the
Lord's day, commonly called
Sunday.
The last section, as to arrests, in force.
This statute is mentioned in the letter from S. Chase.
2 William and Mary, St. 1.--A. D. 1690.
-----
CHAP. 5. An act for enabling the sale of goods distrained
for rent, in case the rent
be not paid in a reasonable time.
See 2 Bac. Abt. title Distress, D. It is under
this statute (with others subsequently passed,) that
goods distrained for rent are to be appraised and sold. Although
the reserving of such goods, or
breaches of pound, or wrongful distresses are not very common in the state,
yet such acts require to
be restrained, either by the incorporation of the 4th and 5th sections
of this statute, together with the
other parts, or by some new regulations.
3 William and Mary.--A. D. 1691.
-----
CHAP. 14. An act for the relief of creditors against
fraudulent devises.
This statute was in force in the province, and remained
so in the state. A further provision was
made on this subject by the act of 1797, Ch. 113; the preamble to which
is as follows: " Whereas by
the British statute, entitled, An act for the relief of creditors against
fraudulent devises, which hath
been extended to, and practised under in this state, &c." It
is thought proper, (although that act is
still in force,) that this statute should be incorporated, &c.
This statute is mentioned in the letter
from S. Chase, which has been referred to.
4 and 5 William and Mary.--A. D. 1692.
-----
CHAP. 16. An act to prevent frauds by clandestine
mortgages.
This statute is considered to have been in force
in the province, and in the state, and as being proper
to be incorporated, &c.
|
|