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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 166   View pdf image (33K)
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166
13 E. 1, STAT. 1, CAP. 31, BILLS OF EXCEPTION.

tion, and require that the Jus-
tices will put to their seals for
a Witness, the Justices shall
so do; and if one will not,
another of the Company shall.
(2) And if the King, upon
Complaint made of the Jus-
tices, cause the Record to
come before him, and the
same Exception be not found
127* in the Roll, and the
Plaintiff shew the Exception
written, with the Seal of a Jus-
tice put to, the Justice shall be
commanded that lie appear at
a certain Day, either to confess
or deny his Seal. (3) And if
the Justice cannot deny his
Seal, they shall proceed to
Judgment according to the
same Exception, as it ought to
be allowed or disallowed.
petat quod justitiarii apponant
sigilla in testimonium justitia-
rii sigilla sua apponant & si
unus apponere noluerit appo-
nat alius de societate. Et si
forte ad querimoniam de facto
justitiariorum venire faciat
dominus rex recordum coram
eo & si ilia exceptio non inve-
niatur in rotulo & querens os-
tendat exceptionem scriptam
cum sigillo justitiarii appenso
mandetur justitiario quod sit
ad certum diem ad cognoscen-
dum sigillum suum vel dedi-
eendum. Et si JusTitiarius si-
gillum suum dedicere non pos-
sit procedatur ad judicium
secundum illam exceptionem
prout admitteuda esset vel
cassanda.

 
9 Co. 13. Kelyng. 15. 2 Inst. 426. Regist. 182.
Scope of statute.—This Statute extends as well to the demandant or
plaintiff as to the tenant or defendant in all actions, real, personal, and
mixed. "Regularly," says Lord Coke, 2 Inst. 427, "it extendeth not to a
stranger to the record which is not to come in lieu of the tenant. For ex-
ample, if the bailiff of a franchise demand conusans and the justices over-
rule the same, he cannot pray the justices to enseal the bill because he is
no party to the record; but yet one that offereth to be received and is de-
nied, albeit he be none of the parties to the writ, yet because he is privy in
estate and so in loco tenentis, he shall have the benefit of the act." The
same authority says that it extends to all (common law) Courts of Record,
and to inferior Courts, and to all pleas, dilatory and peremptory, &c., and
to prayers to be received, oyer of any record or deed and the like, and to
all challenges of jurors, and any material evidence given to any jury which
by the Court is overruled.
In an early case in the Provincial Court of Bordley v. Lloyd, 1 H. &
McH. 27, a clerk made an application by motion to be restored to his office
in the County Court, on which the Court were of opinion "upon all and
singular the premises, &c.," that the Secretary had power to discharge him
without shewing cause, it being usual by all former Secretaries to do so,
and his commission being only during pleasure. He thereupon moved for

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 166   View pdf image (33K)
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