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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 899   View pdf image (33K)
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4 ANN. CAP. 16, AMENDMENT OF THE LAW. 899
XXIV. And be it further enacted by the Authority aforesaid,
That from and after the said first Day of Trinity-Term, this
Act and all the Statutes of Jeofails shall extend to all Suits in
any of her Majesty's Courts of Record at Westminster, tor
Recovery of any Debt immediately owing, or any Revenue
belonging to her Majesty, her Heirs or Successors; and shall
also extend to all Courts of Record in the Counties Palatine of
Lancaster, Chester, and Durham, and the Principality of Wales,
and to all other Courts of Record within this Kingdom.
XXV. And for the preventing great Vexation and Suing out
defective Writs of Error: lie it enacted by the Authority
aforesaid, That upon the Quashing any Writ of Error to be
sued out after the said first Day of Trinity-Term, for Variance
from the Original Record or other Defect, the Defendants
in such Error shall Recover against the Plaintiff or Plaintiffs,
•issuing out such 'Writ, his Costs, as he should have had 664
if the Judgment had been affirmed, and to be recovered in the
game Manner.
XXVII. And be it enacted by the Authority aforesaid, That
from and after the said first Day of Trinity-Term, Actions
of Account shall and may be brought and maintained against the
Executors and Administrators of every Guardian, Bailiff and
Receiver; and also by one Joint-Tenant and Tenant in Com-
mon, his Executors and Administrators, against the other, as
Bailiff for receiving more than comes to his just Share or
Proportion, and against the Executor and Administrator of
such Joint-Tenant or Tenant in Common; and the Auditors
appointed by the Court, where such Action shall be depending,
shall be, and are hereby impowered to Administer an Oath, and
examine the Parties touching the Matters in Question, and for
their Pains and Trouble in auditing and taking such Account,
have such Allowance as the Court shall adjudge to be reason-
able to be paid by the Party, on whose side the balance of the
Account shall appear to be.
I. By 9 Anne, c. 20, sect. 7, this Statute is extended to Writs of Manda-
mus and Informations in nature of Quo Warranto. Judges shall give judg-
ment on demurrer, &c., without regarding any defect in Writ, &c. Excep-
tion. 27 Eliz. c. 5.
II. All Statutes of Jeofails extended to judgments on Nihil dicit, &c.
IV. Defendant, or Plaintiff in Replevin, may plead several Matters. Not
to extend to qui tarn Actions, 2 Wils. 21.
(58)

 
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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 899   View pdf image (33K)
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