249
AND PROPER TO BE INCORPORATED.
249
12 George 1.--A. D. 1725.
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CHAP. 29. An act to prevent frivolous and vexatious
arrests. (Part.)
The two first sections of this statute, (except as
to the inferior court, and the sum of 40s.) have been
in force in some degree in the province and in the state, although the
practice under it has been different
from that in Great-Britain. It has not been very common to make
the affidavit as therein required,
but it is sometimes done. See the form in 2 Harris' Entries, p. 1.
When under the act of
1729, Ch. 20, accounts to any extent were proved by the parties own oath,
they were generally
filed with the declaration; from which, the sheriff expected that bail
was to be given; in default of
which, he was to be amerced, and the same rule held as to bonds which were
prima facie sufficient
to induce the courts to reject an appearance without bail. The bail
has also, in the province and in
the state been held liable to the amount recovered, instead of the
sum sworn to and marked on the
writ, as directed by this statute.
It has not been usual to serve the defendant (where
the cause of action is not proved) with a copy
of the process, according to the provisions in the 1st section; but I have
some recollection of appearance
being entered in such cases for the defendant, if returned taken on
the writ.
4 George 2.--A. D. 1731.
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CHAP. 10. An act to enable ideots and lunatics,
who are seized or possessed of estates
in fee, or for lives or terms of years
in trust, or by way of mortgage, to make
conveyances, surrenders, or assignments
of such estates.
This statute appears to have been applicable to the
circumstances of the people, and capable of
being put in execution by the chancery court in the province. The
cases therein mentioned, may
not be fully provided for by our acts of assembly nothwithstanding
the act of November 1773, Ch.
7, and it therefore may be proper that this statute should be incorporated,
&c. See the statutes
29 George 2, Ch. 31, and 11 George 3, Ch. 20.
CHAP. 26. An act that all proceedings in courts
of justice, within that part of
Great-Britain called England, and in the court of exchequer
in Scotland, shall be
in the English language.
See 3 Bl. Com. 322 and 323.
It is probable that this statute may have been in force in the province,
although the proceedings (which were not very formal) were always in
English.
CHAP. 28. An act for the more effectual preventing
of frauds committed by tenants;
and for the more easy recovering of rents, and renewal of leases.
This statute extended to the province, and is considered
proper to be incorporated, &c. See 2 Bl.
Com. 42, 3 Bl. Com. 6, and Douglass 605. This statute is mentioned
in the letter from S. Chase.
5 George 2.--A. D. 1732.
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CHAP. 7. An act for the more easy recovery of debts
in his majesty's plantations
and colonies in America.
See the note on 29 Charles 2, Ch. 3. This statute
was made in order to operate on the natives and
inhabitants of the province, and for the benefit of the subjects of
Great-Britain trading thereto, as is
2 G
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