247
AND PROPER TO BE INCORPORATED.
247
The 22d section relates to subpœnas from the chancery
court, and may have regulated the practice,
which is in some respects conformable to it.
The 23d section giving costs on bills dismissed by complainants,
appears to have been in force, and
proper to be continued.
The 24th section extended this, and the other statutes
of jeofails to the king, and is considered proper
to be incorporated as to the state.
The 25th section gave costs to the defendant in error,
on a writ of error being quashed; and it is
considered to have been, and to remain in force.
The 26th section, related to probates on the wills of
persons having money due for work in the
yards and docks in England, and to administration on their estates.
The 27th section, directed that actions of account
might be brought against the executors of guardians,
bailiffs and receivers, and by tenants in common and joint tenants, and
contained provisions as
to the power of the auditors. The action of account is recognised
in the act of 1785, Ch. 80, S. 12;
so that this section appears proper to be incorporated, although the part
respecting the executors of
guardians may be included in the testamentary law. It appears that
the greater part of this statute
is proper to be incorporated, although possibly some modifications may
be found necessary; among
which it may be proper to explain a doubt as to the 4th section, for pleading
double, which has been
held in England to extend only to pleas to declarations, and not to rejoinders
to replications.
Although the latter are in suits or bonds with collateral conditions within
the same reason, and
although the words of the statute do not so confine the remedy.
This statute is mentioned in the letter
from S. Chase, which has been referred to.
5 Anne.--A. D. 1706.
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CHAP. 9. An act for rendering more effectual, an
act passed in the first year of
her majesty's reign, entitled, " An act for the better
preventing escapes out of the
queen's bench and fleet prisons."
See the note on 1 Anne, Stat. 2, Ch. 6.
6 Anne.--A. D. 1707.
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CHAP. 18. An act for the more effectual discovery
of the death of persons, pretended
to be alive, to the prejudice of those who claim estates
after their deaths.
As to the first 4 sections, see the note on 19 Charles
2, Ch. 6. The 5th section, as to guardians
holding over, &c. appears also to have been and to remain in force.
7 Anne.--A. D. 1708.
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CHAP. 19. An act to enable infants who are seized
or possessed out of estates in fee
in trust, or by way of mortgage, to make conveyances of such estates.
See the note on 4 George 2, Ch. 10.
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