CHAP. 23. In what places wears shall be put
down.
CHAP. 24. In what case a precipe in capite
is
not grantable.
CHAP. 26. Inquisition of life and member.
CHAP. 27. Tenure of the king in socage, and
of another by knights service--petit serjeantry.
CHAP. 31. Tenure of a barony coming into
the king's hands by escheat.
CHAP. 32. Lands shall not be aliened to the
prejudice of the lords service.
CHAP. 33. Patrons of abbies shall have the
custody of them in vacation.
CHAP. 35. At what time shall be kept a county
court, sheriffs term and a leet. |
It does not appear however, that this claim was
ever extended to the province, and therefore there
was no ground for the extension of the provisions
in these statutes.
By the act passed in 1642, ordaining punishment
for certain greater capital offences, the offender
was to suffer death, and to forfeit all his
lands, goods and chattels, to the lord proprietary.
In the instructions to the secretary in 1670,
(Land Holder's Assistant, 177) he was directed to
enquire after escheats of land and hereditaments,
escheated or forfeited to his lordship.
In 1696, when the government was in the hands
of the crown, it appears by the council proceedings,
that there was a dispute in relation to the
property in waifs, strays and deodands, and the
estates of persons felo de se; but in 1716, when
the government was restored, an act was passed
making all forfeitures, &c. before paid to the king,
payable to the proprietary.
By the 58th section of the constitution, they
were to go to the state; but the act of 1809, Ch.
138, Sec. 10, directs that no conviction or attainder
shall work corruption of blood or forfeiture
of estate.
CHAP. 24. This statute is not inserted in
Cay's
abridgement.
CHAP. 26. This writ, (otherwise called the
writ de odio et atia) was abolished by 28 Edw. 3,
Ch. 9, or (according to Foster's crown law, 285)
by 52 Henry 3, Ch. 25; it is however considered
by the law writers, as obsolete in England.
CHAP. 27. The part respecting knights service
obsolete in England--See 12 Car. 2, Ch. 24.
CHAP. 31. Obsolete in England. See 12 Car.
2, Ch. 24.
CHAP. 32. Same--See also 2 Bl. Com. 289,
citing the statute of quia emptores, &c.
CHAP. 33. Obsolete in England. See 31
Henry 8, Ch. 13.
CHAP. 35. See the note on Ch. 17, as to courts
leet, but it does not appear that this statute extended
to the province. |
