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396 COOMBS v. J0RDAN,
entirely; as well those provisions for obtaining proof of debts in
Great Britain, (e) as that section which subjected all lands to be
taken in execution and sold for the payment of debts, (d) But
the first section which gave a new mode of taking proof in Great
Britain, then a part of the common empire, must have been re-
nounced by our Declaration of Independence, by which all com-
munity of law and government between Great Britain and Mary-
land was severed, (e) In those of the colonies in which lands
had been made liable to be taken in execution by their own laws,
this statute was unnecessary; and, as indicated in its preamble,
was not intended to apply to, and was therefore not adopted
by them, (f) It was reluctantly, but finally submitted to in
Jamaica, (g) In North Carolina, it was received and applied
much in the same manner as in Maryland. (A) In South Caro-
lina, Georgia and Jamaica, it was adopted and so applied as that,
on the death of the debtor, his real estate was converted, with re-
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have amounted to wilful and corrupt perjury, every person so offending, and
being thereof lawfully convicted, shall incur the same penalties and forfeitures as
by the laws and statutes of this realm are provided against persons convicted of
wilful and corrupt perjury.
'4. And be it further enacted by the authority aforesaid, That from and after the
said twenty-ninth day of September, one thousand seven hundred and thirty-two,
the houses, lands, negroes, and other hereditaments and real estates, situate or being
within any of the said Plantations belonging to any person indebted, shall be liable
to and chargeable with all just debts, duties and demands, of what nature or kind
soever, owing by any such person to his majesty, or any of his subjects, and shall
and may be assets for the satisfaction thereof, in like manner as real estates are by
the law of England liable to the satisfaction of debts due by bond or other specialty,
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 disposing of any such houses, lands, negroes, and other hereditaments 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.'
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Every honest man should by his will charge his real estate with the payment of
bis debts; he who omits it, is said to sin in his grave.—Per Ld. Mansfield; Wynd-
ham v, Chetwynd, 1 Burr. 430.
A singular instance is mentioned of a fraud perpetrated by a bishop who in-
vested his money in land to prevent his creditors from obtaining satisfaction after
bis death.—1 Hallam Const. His, Eng. 275, note 5.
(e) Rawlings u. Stewart, 1 Bland, 22, note.—(d) Davidson v. Beatty, 3 H, & McH.
608, 612.—Chancery Proceedings, lib. W. K. No. 1, fol. !.—(<>) Lewis v. Bacon,
3 Hen. It Mun. 89.—(f) Graff v. Smith, 1 Dall. 481; 4 Com. Dig. 228, 245; Wil-
kinson v. Leland, 2 Peters, 658; Robinson r. Noel, 2 Cas. Cha. 145; Blankard v.
Galdy, 4 Mod. 226.—(f) 2 Edwards' His. West Ind. 366; 8 ibid, 214.—(A) Baker
9, Webb, 1 Hayw. 62; Winstead v. Winstead, 1 Hayw. 243,
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