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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 104   View pdf image (33K)
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104 The English Statutes in Maryland. [568
p. 31 Maryland, that the People, since the first Settling of the Province,
have in all Cases, (some few excepted, which particular Acts of
Assembly provided for,') looked upon the Laws of England, as well
Statute as Common, to be their Laws, and the Rules of their Con-
duct. The Tenure, by which they hold all their Land, is Free and
Common Soccage; which is a Common-Law Tenure. A great Part,
of the most valuable Land in the Province, is intailed, by Virtue of
the Statute deDonis.(I) A greater Part, devised by Virtue of the Stat-
ute of Wills. (2) And not a little, conveyed by Deeds of Lease, and
Release, by Virtue of the Statute, for transferring Uses into Posses-
sion. (3) The Statute of Frauds and Perjuries, has always been allowed
to affect Devises, not made conformably to it. (4) And as in England,
Usages, and Customs, in Process of Time, have obtained the Force
of Laws, which they always, afterwards, continued to have, till they
were altered, or abrogated by the Legislative Authority; so those
Laws, that have been received in Maryland, though the People had
no other Right to them. but that Reception, and the long-continued
Use of them; ought to have the Force of Laws, until other Provision
is made, by the Legislature of the Province.
(I) 13 E, I. c. i. (2) 32 H. 8, c. i, 34. 33 H. 8. c. 5. (3) H. 8. i. ro.
(4) 29 Car. c. 3.

 
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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 104   View pdf image (33K)
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