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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 346   View pdf image (33K)
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346 11 H. 7, CAP. 1, 2, FORMA PAUPERIS.
v. Gisling, Bull. N. P. 197. By the express words of the Statute the
plaintiff, in replying fraud, may aver that the recovery was by covin., with-
out showing wherein the covin consisted. Exceptions in the enacting clause
of a statute must be negatived by the plaintiff in the declaration, or it
is bad on demurrer, but a separate proviso though in the same section, Steel
v. Smith, 1 B. & A. 94, and a proviso in a subsequent statute, Pilkington
v. Cooke, 16 M. & W. 615, must be shown by the other side in order to
exempt himself from the penalty, see Rawlings v. the State supra, and
cases there cited.
Damages are not given in popular actions for the detention of the debt,
because the plaintiff has no interest until the recovery, see Cuming v.
Sibley, 4 Burr. 2489
.STATUTES
Made at WESTMINSTER, Anno 11 HEN. VII. and A. D. 1494.
CAP. XII.
A Mean to help and speed poor Persons in their Suits.
Prayen the Commons in this present Parliament asembled,
That where the King our Sovereign Lord, of his most gracious
Disposition, willeth and intendeth indifferent Justice to be
had and ministred, according to his Common Laws, to all his
true Subjects, as well to the poor as rich, which poor Subjects
lie not of Ability ne Power to sue according to the Laws of
this Land for the Redress of Injuries and Wrongs to them daily
done, as well concerning their Persons and their Inheritance,
as other causes; (L') For remedy whereof, in the behalf of the
poor Persons of this Land, not able to sue for their Remedy after
the course of the Common Law; be it ordained and enacted by
your Highness, and by the Lords Spiritual and Temporal, and
the Commons, in this present Parliament assembled, and by Au-
thority of the same, That every poor Person or Persons, which
have, or hereafter shall have cause of Action or Actions against
263* any Person or Persons within this Realm, shall have, by
the Discretion of the Chancellor of this Realm for the time
being, Writ or Writs Original, and Writs of subpoena, accord-

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 346   View pdf image (33K)
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