Slade v. . Smith

As to this point, the general rule is that the Court must declare the statute law as it is to be seen in acts and statutes yet extant. That law, however, is sometimes from necessity otherwise collected. It hath been said by very learned men that many parts of the common law were acts of Parliament worn out by time. 2 Wils., 248. The common law is preserved and evidenced by judicial proceedings. In the present case there are judicial proceedings which speak of an act of the Legislature that is not now extant, upon which the deed to Vassimore purports to be founded. The deeds of 1744 and 1764…