stated in the preamble.  The 1st, 2d and 3d sections related to the proof in Great Britain of matters'
depending in suit in the province.  The 4th made a considerable alteration respecting executions by
fieri facias, which was by construction of the courts, extended further than the framers of it designed,
and has settled into the practice which still prevails.  The expressions were, that the houses, lands,
negroes, and other hereditaments and real estates within any of the plantations, belonging to any person
indebted, should be liable to, and chargable with all just debts, &c. owing to his majesty or any
of his subjects; and should be assets for the satisfaction thereof, in like manner, as real estates were,
by the law of England, liable to the satisfaction of debts due by bond or other specialty.  So far, the
law and practice were not altered, as it had been the usual course to have lands extended under recognisances,
and taken possession of by writs of elegit as in England.  The concluding part was
rather obscurely worded, as follows:  " And shall be subject to the like remedies, proceedings and process
in any court of law or equity, in any of the said plantations respectively, for seizing, extending, selling
or disposing of any such houses, lands, negroes and other hereditaments and real estates, towards
the satisfaction of such debts, &c. and in like manner as personal estates in any of the said plantations,
respectively, are seized, extended. sold or disposed of for the satisfaction of debts."  Soon after this
statute became known in the province, the practice began, of selling lands under writs of fieri facias,
and the remedy of elegit ceased to be used.  I have been informed that the provincial judges thought
themselves authorized to extend the benefits of this statute to the native inhabitants when plaintiffs,
as well as to the trading subjects of Great-Britain; and it is possible that they might have thought the
former comprehended under the general description of subjects.
    In the state of Virginia, negroes are considered as real property, and are not (nor are lands) liable
to be taken by fieri facias, but are subject to the remedy by elegit.
    As to this statute, the first 3 sections are not proper to be incorporated, &c. because we have passed
an act expressly on the subject of such evidence--1785, Ch. 46.   As to the 4th section, the practice
is fully established, and is in a manner recognised by the act for the regulation of officers fees, and
other acts, and ought so to remain; but whether by incorporating this section of the statute or otherwise,
it will be for the legislature to determine.
 

CHAP. 14.  An act for the more effectual preventing frivolous and vexatious arrests,
    &c. and for the obviating a doubt which has arisen upon an act made in the
    fourth year of his present majesty's reign, entitled, An act that all proceedings in
    courts of justice, &c. shall be in the English language.

    See the note on 4 Geo. 2, Ch. 26.
 

    There is some difficulty in determining as to this statute, because, although it appears to have been
applicable to the circumstances of the people of the province, many of whom were concerned in shipping,