|
243
AND PROPER TO BE INCORPORATED.
243
CHAP. 20. An act for the better discovery of judgments
in the courts of king's
bench, common pleas, and exchequer, at westminster. (Part.)
See the note on 20 Charles 2, Ch. 3, S. 13.
The 2d section of this statute could not literally have
applied to the province; but the 3d, declaring that judgments not doggetted
should not affect purchasers
or mortgagees, or have any preference against heirs, executors or administrators,
is considered
to have been in force and to remain so. It will be seen by the act
of 1748, that the county clerks
were empowered to remove certain books, &c. from their offices; but
by September 1770, Ch. 10,
they were directed to bring with them, on every office day, the four last
court dockets, &c. As to the
effect of such judgments against executors and administrators, it is to
be observed, that the law was
materially changed by the act of 1802, Ch. 101, S. 8, directing that they
should not be bound to take
notice of judgments against the deceased.
6 William and Mary.--A. D. 1694.
-----
CHAP. 4. An act exempting apothecaries from serving
the office of constable,
scavenger, and other parish and ward offices, and from serving upon juries.
See the note on 5 Hen. 8, Ch. 6.
7 William 3.--A. D. 1695.
-----
CHAP. 3. An act for regulating
of trials in cases of treason and misprison of
treason.
See the note on 25 Edw. 3. There were not many
cases of trials for treason in the province, but
there can be no doubt of this statute having been considered in force,
as well as that of Edw. 3. In
1706, on indictment against -----, for feloniously and traitorously receiving,
&c. R. C. outlawed
by act of assembly, when brought up to be tried, the record states:
" Having before that time had
a copy of the indictment, and a copy of a panel of jurors delivered him
according to the form of the
statute."
In 1707, I. H. was indicted for holding a treasonable
correspondence with the same R. C. He declared
that he was ready--that he wanted no process for witnesses, &c.--that
he released all advantage
for want of, or declared that he had a copy of the indictment and panel,
and forewent any advantage
for the trial before due time fixed by the statute 7 king William, for
regulating trials in high
treason, and on misprison of treason. Without repeating the reasons
given in the note referred to,
it appears proper that this statute should be incorporated, &c. notwithstanding
the provisions in the
19th article of the declaration of rights.
8 and 9 William 3.--A. D. 1697.
-----
CHAP. 11. An act for the better preventing frivolous
and vexatious suits. (Part.)
By the 1st section of this statute, where several
persons are made defendants in actions of trespass,
assault, false imprisonment or ejectment, and any one or more shall be
acquitted, he or they shall recover
|
 |
