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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 41   View pdf image (33K)
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505] The English Statutes in Maryland. 41
by experience have been found applicable to their local and
other circumstances and of such others as nave since been
made in England or Great Britain and have been introduced,
used, and practised by the courts of law or equity."
But just which statutes were these? This period of transi-
tion, it seems, should have been just the time to prepare a list
of those that had been applied or were applicable. In the
neighboring State of Virginia the work of Thomas Jefferson
and his associate? '' was gradually embodied in a code, the
contents of which included a selection of English statutes
which were declared to be adopted and m force.
In Maryland the old state of things remained. Between
then and the time of McMahon's book. various resolutions
had passed in the Assembly looking towards the establish-
ment of greater definiteness. The chief result was the colla-
tion made by William Kilty, the Chancellor, in pursuance to a
resolution of 1809. Kiity's work classified the English statutes.
from Magna Charta to 1773. into (a) those not applicable,
(b) those applicable but not proper to be incorporated into the
statute law of the State, and (c) those both applicable and
proper to be incorporated. This collection was helpful be-
cause of its information, and as these statutes were not for-
mally adopted by the Legislature, Kilty's book came to be
regarded as an authority in this direction. As the Court said,
in Dashiell v. Attorney-General, it was " a safe guide in
exploring an otherwise very dubious path."
McMahon refers also to a chart prepared by Aleaus B.
Wolfe, of Baltimore, which attempted to illustrate the statutes
fit for incorporation.37 The text of the statutes found " appli-
cable and proper " by Kilty was edited with copious and
scholarly notes by J. J. Alexander." whose work in default of
"Jefferson's Writings fed. T. J. Randolph. 1830), Vol. I., pp.
34 ff. The Writings of Thomas Jefferson fed. P. L. Ford), Vol. I.,
pp. 58-60. "McMahon, p. 330.
"Alexander J. J. A Collection of the British Statutes in Force
in Maryland according to the Report thereof made to the General
Assembly by the late Chancellor Kilty, with Notes and References
to the Acts of Assembly and the Code, and to the principal English
and Maryland Cases: Baltimore. 1870.

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 41   View pdf image (33K)
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