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STATUTES FOUND APPLICABLE,
costs, unless the judge shall certify that there was good cause, &c.
I have met with no case,
shewing that this part of the statute was practised under, although I have
some reason to believe
that it was. See Espinasse 424.
The 2d section gives costs to the defendant on demurrer
or affirmance, and is considered proper
to be incorporated, &c. See the note on 4 James 1, Ch. 3.
The 3d and 4th sections as to costs in actions of waste
and trespass, do not appear to have extended.
The 6th and 7th sections as to the death of a party,
are considered to have extended, and as proper
to be incorporated. See the note on 17 Charles 2, Ch. 8.
The 8th section empowering a plaintiff to assign as
many breaches as he pleases on bonds for nonperformance
of agreements, &c. has certainly been in force, and is proper to be
continued. It is in
reference to this part that this statute is mentioned in the act of 1729,
Ch. 25. It is also mentioned
in the letter from S. Chase, which has been referred to.
CHAP. 27. An act for the more effectual relief of
creditors in cases of escapes, and
for preventing abuses in prisons and pretended privileged places.
(Part.)
The first 5 sections do not appear to have been applicable
to the province. The 7th, under which
a prisoner escaping might be retaken, &c. has been in force, and is
proper to be continued.
This statute (as to the 7th section) is mentioned in
the letter from S. Chase, which has been referred
to.
As to the 6th section, respecting the plea of retaking
on such pursuit, although I have met with no
case to shew its extention, it appears to be proper to be incorporated
with the statutes as to escapes.
CHAP. 31. An act for the easier obtaining partition
of lands in coparcenary, joint
tenancy, and tenancy in common. (Part.)
This statute appears to have been in force, and as
proper to be continued, except those parts relating
to the sheriffs. See 2 Harris' entries 714, writ of pone.
9 and 10 William 3.--A. D. 1698.
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CHAP. 17. An act for the better payment of inland
bills of exchange.
This statute (as well as that of Anne, respecting
promissary notes) has always been practised under
in the province and in the state. The act of 1785, Ch. 38, ascertaining
what shall be recovered
on protested bills of exchange, &c. does not seem to interfere
with this statute. The 2d section of
that act relates to inland bills, or orders drawn by persons in
other states on persons in this state;
which must have been on the ground of the respective persons being citizens
of the same general government.
Inland bills are such as pass between parties residing in the same country,
but there is
nothing in the act respecting such bills drawn by one person on another,
both in Maryland. This
statue is therefore considered proper to be incorporated, &c.
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