STATUTES.
CHAP. 2. Writs. |
NOTES.
CHAP. 2. For the construction that has been
given to this statute in England, see 1 Bac. Abt.
title Actions Local and Transitory, I do not find
any cases or any thing in the acts of Assembly
to shew that it was considered applicable to the
circumstances of the province, or that it was the
practice to change the venue. The act of 1728,
Ch. 24, declared, that no inhabitant should be arrested
out of the county where he resided before
a non est on a writ issued should be returned;
and other provisions were made by the acts of
1796, Ch. 43, (since repealed,) and 1801, Ch. 74,
Sec. 11. The act of 1804, Ch. 55, which authorises
the removal of a suit to another county, to be
tried, does not seem to be connected with the subject
of this statute. The affidavit required by the
act is, that a fair trial cannot be had in the county.
The one required to change the venue was, that
the cause of action, if any, arose in another
county. |