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Proceedings and Acts of the General Assembly, October 1678-November 1683
Volume 7, Page 225   View pdf image
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Assembly Proceedings, November 1-12, 1681. 225

ment and there being no Law in this Province yet made
Directing how and in what manner Writts of Error shall be
brought in Assembly against the Iudgment of the Provincial
Court, and there being no Statute of Jeofailes yet made in
this Province, and the last Statute of Jeofailes made in Eng-
land not altogether Remedying all Errors and things Neces-
sary to be remedyed in this Province and the Words in the
Said Act (not being against the right of the Nature of the
Suit) Seeming to give Power to Remedy all Matters and

U. H. Journal
1659-98

things that are not Essential against the Meritt of the Cause
but may Admitt of a Dispute till the same be better Explained
by a Law of this Province, which to avoid many unnecessary
Delays and Cavills in Suits at Law is very much Desired as
Conducing much to the Quiet ease and Good of the Province
in General but to the end an end may be put to these Suits
now Depending this house do Declare that they shall be
willing to hear the said Errors if the Parties on both Sides or
their Attorneys will by their Consent under their hands agree
to referr the whole matter upon the Said Errors in relation to
the Merits of the Cause and the right of the Nature of the
Suit to this house Waveing all formallities of Errors in Pro-
ceedings and other Misprisions in Point of Practice Whatso-
ever, This house not being willing to hear and Determine the
same otherwise And this house doth Declare, and So Order
that untill a Law be made for Directing how Writts of Error
Shall be brought from the Iudgment of the Provincial Court
and a Statute of Ieoffailes made, No Writt of Error shall here-
after be brought against any Iudgment in the Provincial
Court or any Iudgment there Stayed or Superseded by any
Writt of Error returnable in Assemblies till such Law made
but that if any Person find himself Aggrieved by the Iudgment
of the said Court he shall move the Court to Arrest the
Iudgment till the next Court and within a fortnight after the
Court file his Errors and reason for the Arresting the said
Iudgmt to which the other side is to Answer by the next
Court, and if the Iudgment be Affirmed the said Party that
Arrests the Iudgment shall pay Increase of Costs & Damages
for the Arressting the Iudgment, and the Delay of Execution as
the Court Shall See requisite and according to Iustice and if
the Iudgment for the reasons afd be sett aside the Party whose
Iudgment is Stayed or Sett aside Shall pay costs also, and
from the said Iudgment of the Provincial Court upon Debate
of those reasons and Errors there shall be no further Appeale
or Stay by Writt of Error brought or Supersedeas whatsoever
till the same be further Settled by a Law as aforesaid, and this
house will appoint the Second Tuesday next meeting to hear
the Errors aforesaid, and the Attorneys are forthwith to enter

p. 361



 
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Proceedings and Acts of the General Assembly, October 1678-November 1683
Volume 7, Page 225   View pdf image
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