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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 48   View pdf image (33K)
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48 The English Statutes in Maryland. [513
plantations are shown to have the same charter and like priv-
ileges.
In the case of the Statute of Laborers, they have an Act
of their own. likewise in the case of the Statutes of Usury,
which they " hear are disused in many pans of England."
The Statute of Frauds and Perjuries is used here. These and
all other statutes are under the rules of common law that
are used by the judges in construing statutes in England.
except such statute? as are in favor of privilege, which,
whether located or general, are expressly granted by the
charter."
From the discussion of the Habeas Corpus Act and the
other statutes, the address proceeds to a further consideration
of the case of Blankard vs. Galdy. The Proprietor had accused
the Assembly of quoting only counsel on one side. Dulany
admits this, but retorts that this was not denied by the other,
and that the Proprietor is mistaken in his quotation. In his
error there are two parts. First, the adverse judgment was not
upon the Statute of Limitations but another; and, secondly—
and of greater importance—reference to Salkeld's report of
the case shows that the first resolution of Lord Holt and the
whole court declared the extension of all laws in force in
England to an uninhabited country, newly found by English
subjects. This. moreover, was by common right, and not by
charter. Now, a country inhabited only by savages is like an
uninhabited country, with respect to the law of the new-
' The extension of the Habeas Corpus Act to the Colonies has
been made the subject of a paper by Dr. A. H. Carpenter, in -the
American Historical Review for October, 1002, pp. 18-27. This
contains no reference to the controversy in Maryland, except the
citation of Yorke's opinion of 1729. which is left without comment.
With reference to the other Colonies. the article furnishes a valu-
able narrative. The Act did not extend to the Plantations (except
to Virginia, after 1710, through the royal proclamation of doubtful
authority, and to S. Carolina, where the statute was re-enacted)
but the Colonists claimed and used the Common Law right of
Habeas Corpus, which they strengthened by provisions in their
court laws. and by very strict bail laws. with heavy penalties for
their non-fulfilment. The practice in Maryland was apparently
similar. but Dulany's claims went beyond this.

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 48   View pdf image (33K)
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