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6 GEO. 2, CAP. 7, EXECUTION. 965 and shall be subject to the like Remedies, Proceedings, and Process in any Court of Law or Equity, in any of the said Plantations respectively, for seizing, extending, selling, or dis- posing of any such Houses, Lands, Negroes, and other Heredita- ments and real Estates, towards the Satisfaction of such Debts, Duties, and Demands, and in like manner as personal Estates in any of the said Plantations respectively are seized, extended, sold, or disposed of, for the Satisfaction of Debts. Lands, Houses, Negroes, &c. on the Plantations liable to satisfy Debts. "This Statute was made in order to operate on the natives and inhabitants of the province, and for the benefit of the subjects of Great Britain trading thereto, as is stated in the preamble. The 1st, 2d and 3d sections related to the proof in Great Britain of matters depending in suit in the province. The 4th made a considerable alteration respecting executions by fieri facias, which was by construction of the Courts, extended further than the trainers of it designed, and has settled into the practice which still prevails. The expressions were, that the houses, lands, negroes, and other hereditaments and real estates within any of the plantations, belonging to any person indebted, should be liable to, and chargeable with all just debts, &c.,* owing to his majesty or any of his subjects; and should be 717 assets for the satisfaction thereof, in like manner, as real estates were, by the law of England, liable to the satisfaction of debts due by bond or other specialty. So far, the law and practice were not altered, as it had been the usual course to have lands extended under recognisances, and taken possession of by writs of elegit as in England. The concluding part was rather obscurely worded, as follows: And shall be subject to the like remedies, proceedings and process in any Court of Law or Equity, in any of the said plantations respectively, for seizing, extending, selling or dis- posing of any such houses, lands, negroes and other hereditaments and real estates, towards the satisfaction of such debts, &c., and in like manner as personal estates in any of the said plantations respectively, are seized, extended, sold or disposed of for the satisfaction of debts.' Soon after this Statute became known in the province, the practice began of selling lands under writs of fieri facias, and the remedy by elegit ceased to be used. I have been informed that the provincial judges thought themselves authorized to extend the benefits of this Statute to the native inhabitants when plaintiffs, as well as to the trading subjects of Great Britain; and it is possible that they might have thought the former comprehended under the general description of subjects. "In the State of Virginia, negroes are considered as real property, and are not (nor are lands) liable to be taken by fieri facias, but are subject to the remedy by elegit. "As to this Statute, the first three sections are not proper to be incor- porated, &c., because we have passed an Act expressly on the subject of such evidence—1785, ch. 46. As to the 4th section, the practice is fully established, and is in a manner recognized by the act for the regulation |
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Alexander's British statutes in force in Maryland. 2d ed., 1912
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