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894 4 ANN. CAP. 16, AMENDMENT OF THE LAW. fendant was not entitled to notice of the dishonour, his name not being on the bill, and that the bill was not to be esteemed a complete payment of the debt under this section, Swinyard v. Bowes, 5 M. & S. 62. If an indorsed note becomes due, and the indorser gives his individual note for the debt, the first note is not discharged, unless the latter was received in substitution and satisfaction for the first, Clopper v. Union Bank, 7 H. & J. 92; see Mailhouse v. Frazier, 25 Md. 96. 659 STATUTES Made at WESTMINSTER, Anno Regni ANNAE Reginae, &c., quarto and A. D. 1705. CAP. XVI. An Act for the Amendment of the Law and the better Advancement of Justice. For the Amendment of the Law in several Particulars, and for the easier, speedier, and better Advancement of Justice, Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Tem- poral, and Commons in this present Parliament Assembled, and by the Authority of the same, That from and after the first Day of Trinity-Term, which shall be in the Year of our Lord one thousand seven hundred and six, where any Demurrer shall be joyned, and entered in any Action or Suit in any Court of Record within this Realm, the Judges shall proceed and give Judgment, according as tile very Right of the Cause and Mat- ter in Law shall appear unto them, "without regarding any Im- perfection, Omission or Defect, in any Writ, Retorn, Plaint, Declaration, or other Pleading, Process or Course of Proceeding whatsoever, except those only which the Party Demurring shall specially and particularly set down and- express, together with his Demurrer, as Causes of the same, notwithstanding that snch Imperfection, Omission or Defect might have heretofore been taken to be Matter of Substance, and not aided by the Statute made in the twenty-seventh Year of Queen Elisabeth, inti- tuled, An Act for the Furtherance of Justice in case of DC |
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| Volume 194, Page 894 View pdf image (33K) |
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