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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 42   View pdf image (33K)
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42 The English Statutes w Maryland. [506
legislative adoption is accepted as very influential by the courts
of Maryland. So that McMahon's conclusion is still true.
" The English statutes thus introduced by colonial usage, and
resting upon it alone for their efficacy even at this day, may
truly be called the common law of Maryland." "'
" McMahon. p. 131. The history of the Adoption of English Law
in Maryland since 1776 is given in an article by Bernard C. Steiner
in 8 Yale Law Journal 353 (May, 1899). The Constitution of 1851
claimed the " benefit of such English statutes as existed on the
fourth day of July, 1776; and which, by experience, have been found
applicable to their local and other circumstances, and have been in-
troduced, used and practiced by the Courts of Law and Equity."
The Constitutions of 1864 and 1867 repeated these words. It will be
noted that the two classes of statutes referred to in the Constitution
of 1776 have been reduced to one.
We may also note that in the case of the State y. Buchanan
(3 H. & J. 356) the Court claimed that the settlers were " in the pre-
dicament of a people discovering and planting an inhabited coun-
try " and that they were neither conquerors nor conquered. Further
decisions on this point in the Maryland courts are discussed in
Steiner's article.

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 42   View pdf image (33K)
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