INTRODUCTION.
THE report which
I have on my part made to the legislature, according to a resolution of
the
last session, of the English statutes
and those of Great-Britain, coming within the descriptions therein
mentioned, will appear in the following
lists and selections:
For the purpose
of enabling the assembly to judge in the fullest manner as to the correctness
of
those selections, I have also added
lists of the statutes which had not been found applicable to the
circumstances of the people, so
as to compromise the whole of the statutes, from Magna Charta to the
13th, George 3d, in the year 1773.
In pursuance
of this plan, the left hand pages* will be found to contain the chapters
and the titles of
the statutes belonging to that class,
with notes, stating the reasons, as to those which might otherwise
appear doubtful, but leaving without
any remark, those which from the titles appeared free from doubt.
A small variation
has been made at the commencement of the year 1360, by giving only the
general
heads instead of the titles, for
the reasons which are stated in a note thereon; and at the commencement
of the year 1461, the heads of the
statutes as they stand in Cay's abridgement, omitting those
not inserted therein; and from the
year 1760, omitting entirely those statutes which had not extended
to the province.
In the right
hand pages will be found, in the first column, the chapters and the titles
of those statutes
which I have considered as having
found applicable to the circumstances of the people in the
province; and in order that they
might be all presented to the view of the assembly, I have placed in
the second column, those chapters
which appeared to me not proper to be incorporated, with the reasons
for my opinions on them.
The third column,
comprises the statutes which either in the whole or in part, I have considered
in
the terms of the resolution, as
proper to be introduced and incorporated into the body of the statute
law of this state.
Separate lists
are also added of the chapters and general heads of those statutes which
did extend,
but are not proper to be incorporated,
and of the chapters and titles of those, which are considered
proper to be incorporated; and full
indexes are subjoined, by the last of which particularly, a judgement
may be formed from the subjects
that are therein embraced, of the statutes reported as proper to
be incorporated with our laws.
The report thus
made, has been grounded on a careful perusal and consideration of the statutes
at
large, and on an examination, as
far as it was practicable, of the records of the former provincial court,
and the legislative and executive
proceedings of the government before the revolution, for which I
have to acknowledge the assistance
of the officers having respectively the custody of those documents.
With respect
to the criminal statutes, (which before the making of the penitentiary
law of the last
session, were considered of the
most importance,) the records have afforded the most conclusive evidence
as to the usage and practice under
them.
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* In pursuance of the power given by the resolution of the last session,
respecting alterations in the arrangement of the matter of the report
of the statutes, it
has been found advisable to depart from the mode originally adopted and
herein referred to, of placing the several classes of
statutes in opposite
pages and columns, and to print them under seperate divisions--the first,
containing the titles of such statutes as had not
extended to the province--the
second, of those which had extended, but were not proper to be incorporated--and
the third, of those which
had extended and were
proper to be continued.
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