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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 32   View pdf image (33K)
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32 The English Statutes in Maryland. [496
It is necessary first to outline the legislative history of
these years, then to trace at greater length the arguments
urged in support of the position of the popular party—argu-
ments which are found in documents largely by Dulany's
hand or evidently inspired by him. Then the effects of these
developments on later times will be related and described.
In 1712, a decision of the Provincial Court' had denied the
extension to Maryland of one of the English Statutes of Lim-
itation. 21 James I., ch. 16. Now, in 1722. the Assembly
passed an Act definitely adopting this statute; but with the
addition of language which declared the general extension of
the English statutes.2 This principle the Lower House now
prepared to defend.
On October 25, it was proposed by a member, and resolved s
by the House (1) that the standing Committee of Aggriev-
ances should have likewise the character and duties of a
Committee for Courts of Justice; (2) that they should be
instructed to examine the commissions of the several justices.
to ascertain whether any alterations or omissions had been
made on the part of the commissions which directed the
judges to try and determine cases before them according to
the laws. statutes, ordinances, and reasonable customs of Eng-
land and of this Province; (3) that they should examine also
the phrasing of the oaths of office taken by the several magis-
trates and discover whether these oaths contained a form here
declared to be necessary; (4) that these resolutions should be
perpetuated by giving a copy of them to the committee at the
beginning of every session. Then followed yet more imnnr--
1 l Harris and McHenry. pp. 28-29. Ph:!emon Lloyd's Lessee vs.
Vincent Helmsley. The jury returned a special verdict, depending
on the Court's decision as ;o the extension. The same situation is
found two years later in July Term. 1714, in Wm. Clayland's Lessee
vs. Daniel Pearce. 1 H. & M. 20-30. Here the Act of 20 Charles II.,
relating to frauds and perjuries was involved. The court again
decided against the extension.
"Bacon: Laws of Md. Act of 1722, ch. 10.
' These resolutions may be found in the Manuscript Journal for
that date: or more conveniently in the printed Votes and Proceed-
ings published in 1725, pp. 2-3. They are given in full in the Appen-
dix to this paper.

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 32   View pdf image (33K)
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