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1 E. 3, CAP. 16, JUSTICES OF PEACE. 22.') the Bank of Baltimore, 14 Md. 299,9 where a bill of sale of bank stock and a power of attorney for its transfer, executed by a lunatic, were avoided by the lunatic in a proceeding instituted for the purpose, and the bank was held liable for permitting a transfer of the stock under the power, and charged with simple interest on the dividends accrued on the stock after the transfer, from the time it knew of the lunacy, the old doctrine that a man shall not be permitted to stultify himself having long been exploded, see Owings' case supra » This seems to be the established doctrine in Maryland, at least where no inquisition has been found. Flach v. Gottschalk Co., 88 Md. 368; Riley v. Carter, 76 Md. 581; Evans v. Horan, 52 Md. 602. Cf. Dulaney v. De- vries, 102 Md. 349. OTHER STATUTES 165 Made at WESTMINSTER the, same First Year of Edw. III. and A. D. 1327. CAP- XVI. Who shall be assigned Justices and Keepers of the Peace.
2 Inst. 174, 558. 4 Ed. 3, c. 2. 18 E. S, c. 2. 84 E. 3, c. 1. 18 H. 6, c. 11. Kilty observes on this Statute, "that it appears from the Council pro- ceedings, that as early as 1637 provision was made for the appointment of Officers for the conservation of the peace; and certain persons were au- thorized to hold plea of all offences, that might be heard and determined by any justice of the peace in England. Many of the Statutes on this subject are of a local nature, but this appears to be a general provision which was applicable to the people of the province and is so to the citizens of the State, although who shall be accounted "good and lawful" men must be left to the discretion of those who make the appointments." (15) |
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