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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 598   View pdf image (33K)
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598 21 JAC. I, CAP. 15, RESTITUTION.
his knowledge of the mistake; from which the inference is that the verdict
might otherwise have been set aside, see Peerman v. Mackey, 9 Jur. 491. In
Torbeck v. Laing, 5 Jur. 318, a juryman when the verdict was given was
called by the name of a person who was not on that jury but was on the
panel, and it did not appear by what name he was called when he was
sworn, and the Court held it to be merely a mistake of the officer in marking
the name wrongly, when he called over the jury list.
Upon the same principle that it is discretionary with the Court to grant
new trials, the Court of Exchequer in Gee v. Swann, 9 M. & W. 685, re-
fused to set aside a verdict because no distringas had been returned before
trial. However it is error under this Statute, and may be taken advantage
of on a writ of error coram vobis, if there be no return of a distringas by
the Sheriff or other officer, and no panel annexed to the writ, for the
Statute remedies informal returns endorsed on the writ, but not an omission
to return it; see Rogers v. Smith, 1 A. & E. 772, where many of the older
cases were cited on both sides in argument.
CAP. XV.
An Act to enable Judges and Justices of the Peace to give Restitution
of Possession in certain Cases.
Be it enacted by the Authority of this present Parliament,
That such Judges, Justices, or Justice of the Peace, as by Rea-
446 son* of any Act or Acts of Parliament now in Force, are
authorized, and enabled upon Enquiry, to give Restitution of
Possession unto Tenants, of any Estate of Freehold, of their
Lands or Tenements, which shall be entred upon with Force,
or from them withholden by Force, shall by Reason of this
present Act, have the like, and the same Authority and Ability
from henceforth (upon Indictment of such forcible Entries, or
forcible Withholdings before them duly found) to give like
Restitution of Possession unto Tenants for Term of Years, of
Lands or Tenements by them so holden, which shall be entred
upon by force, or holden from them by Force. 5 R. 2, Stat. 1,
c. 7; 15 R. 2, c. 2; 8 H. 6, c. 9; 31 El. c. 11.
4 Inst. 176. Restitution of Possession shall be given to avoid Entries
with Force in Estates for Years, &c. Latch. 183.
See the note to 5 R. 2, Stat. 1, c. 8.

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 598   View pdf image (33K)
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