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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 242   View pdf image (33K)
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24.2 50 E. 3, CAP. 6, FRAUDULENT CONVEYANCES.
In Pit v. Webley, 2 Bulstr. 72, S. C. Cro. Jac. 321, the Court seems to
have been of opinion that this Statute and that of 1 R. 2, c. 15, q. v.,
prohibit arrests where the matter is between party and party only, but
not where the arrest is at the suit of the King. The party there was
arrested on a warrant of a justice of the peace, as he was returning from
a sermon on a week-day. The privilege extends to a person in eundo et
redeundo to and from church, Privilege of Priests, 12 Rep. 100. It is said
that, though a clergyman ought not to he arrested in any church or church-
yard whilst attending divine service, yet the arrest is good in law, the
offender being only liable to a penalty, 1 Cov. and Hughes, Dig. 295, tit.
Clergyman, (4), and see Pit v. Webley supra. Process in Maryland in all
civil cases is now by summons, and a fortiori such a summons would be
good.
Lord Coke says supra, that the party grieved may have an action on
these Statutes, on the principle that when anything is prohibited by an
Act, although the Act does not give an action, yet an action lieth upon
it. In Bac. Abr. Trespass, D. 3, it is said that the arresting a clergyman
under civil process either in going to church to perform divine service, or
in returning from thence, on any day, is a false imprisonment, but Mr.
Tidd, Prac. 219, n. (m) doubts whether any action would be maintainable,
but says that if any action did lie, it would be case. Upon a summons
180) there* can, it seems, be no false imprisonment, see Arrowsmith v.
Mesurier, 2 N. R. 211, but qua re, is it not an imprisonment to block up the
way in order that the defendant may be forced to listen to the reading of
a summons?
CAP. VI.
Fraudulent Assurances of Lands or Goods to deceive Creditors, shall
be void.

Item. Because that divers
People inherit of divers Tene-
ments, borrowing divers Goods
in Money or in Merchandise
of divers People of this Realm,
do give their Tenements and
Chattels to their Friends, by
Collusion thereof to have the
Profits at their will, and after
do flee to the Franchise of
Westminster, of St. Martin Ie
Grand of London, or other
such privileged Places, and
there do live a great time with
Item pur ceo qe diverses
gentz enlieritez des diverges
tenementz creauceantz diverges
biens eu monoie ou en mar-
chandise des plusours gentz de
roiaime donnour lour tene-
mentz & chateux a lour amys
par collusion davoir eot les
profitz a lour voleate & puis
senfuent a la fraunchise de
Westm' ou seint Martyn Ie
Grant en Loundres ou autres
tielx places privilegeez &
illoeoes vivent long tenros a

 

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 242   View pdf image (33K)
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