248
248
STATUTES FOUND APPLICABLE,
8 Anne.--A. D. 1709.
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CHAP. 14. An act for the better security of rents,
and to prevent frauds committed
by tenants.
This statute, which directed that goods, &c.
should not be taken in execution, unless the party before
their removal paid the landlord the rent due, has been practised under
in the province, and
while the law respecting distresses for rent remains as it is, is proper
to be incorporated, &c.
9 Anne.--A. D. 1710.
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CHAP. 14. An act for the better preventing of excessive
and deceitful gaming.
(Part.)
See the note on 16 Charles 2, Ch. 7. This statute
(except those parts which will be noted) has
been usually practised under in the province and in the state. See
the form of the plea in Harris'
Entries, 2 vol. 543, 599. The last section related to games in
the queen's palace.
The 5th section, for the punishment of persons winning
by fraud, might have been considered
equally applicable to the province with the first part, but I have not
found any case of a prosecution
under it.
The 6th and 7th sections, as to the power of justices
to commit persons living by gaming, &c.
have not been usually practised under.
There was an indictment in 1719, for an assault, as
mentioned in the 8th section, on which the
party was found not guilty.
CHAP. 20. An act for rendering the proceedings upon
writs of mandamus, and informations
in the nature of a quo warranto, more speedy
and effectual; and for the
more easy trying and determining the rights of offices
and franchises in corporations
and boroughs. (Part.)
This statute has been considered in force as to writs
of mandamus, and is proper to be continued.
As to writs of quo warranto, or information in the nature of them,
they have not been in use from
any thing that I can discover.
5 George 1.--A. D. 1718.
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CHAP. 13. An act for the amendment of writs of error,
and for the further preventing
the arresting or reversing of judgments after verdict.
This statute, with the others respecting amendments,
has been considered in force in the province
and in the state. See 2 Bac. Abt. title Error; and see the note on
14 Edw. 3, St. 1, Ch. 6.
The substance of this statute has been introduced with
some alterations, and some additions in the
act concerning the amendment of judicial proceedings, (1809, Ch. 153,)
but until a further revision of
the subject shall be made, it is thought proper that this statute should
be incorporated with the others.
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