72 Assembly Proceedings, October—November 1678.

Liber W. H.
& L.

Administrators or assignes (in case the said Judgment shall be
affirmed) as well all and Singular the debts Damages and
Costs adjudged by the aforesaid Judgment as alsoe all costes
and damages that shall be awarded by the Provinciall Court
for the same delaying of Execucon then the said Bond to stand
in full force and vertue And whereas by the Law of England
there is noe Rules prescribed for the Prosecucon of such
appeales as aforesaid (being not altogether agreeable to the

p. 151

Practice of the same Law) Yett being found Necessary and
Convenient for the good of this Province as aforesaid Bee itt
therefore Enacted by the Authority aforesaid that the method
and Rule for prosecucon of such appeales as aforesaid shall
for the future be in manner and forme hereafter expressed
(that is to say) the party Appellant shall procure a Coppy or
transcnbt ot the lull proceedings of the said Court from whom
such appeale shall be made vnder the hand of the Clarke of
the said Court and the seale of the said Court and shall Cause
the same to be transmitted to the Provinciall Court then next
ensueing and shall alsoe att the same Provinciall Court file in
writeing according to the Rules of the Provinciall Court, such
Errors in the said proceeding as he shall think fitt to assigne or
such Causes and reasons as he had for makeing the said
Appeale whereupon and vpon the said transcribt the Provin-
ciall Court shall proceed to give Judgment as in cases of writts
of Error is vseuall Provided that this Act shall not Extend
to barr any person or persons from sueing out writt or writts
of Error according to due course of Law. But that every
such person or persons shall be left to their Eleccons whether
they will bring a writt of Error or sue out an appeale as
aforesaid Provided alsoe that every person and persons that
shall sue out any writt of Error or Supersedias in any cause
whatsoever shall before such writt of Error or Supersedias be
issued enter into bond with the penalty of Double the sume
adjudged to be Recovered by the former Judgment of the
Inferiour Court before the Chancellor or Secretary of this
Province for the time being with sufficient security or secur-
ityes to prosecute such writt of Error with Effect and in case
the said former Judgment shall be affirmed to pay and Satisfye
as well all and singular the debts damages and Costes
adjudged by the said former Judgment of the Inferiour Court
as alsoe all Costes and damages as shall be awarded by the
Superiour Court where such writt of Error is Returnable
And Bee it further Enacted by the Authority aforesaid That
all and every Appeales made in manner aforesaid shall from
hence forth by the Provinciall Court of this Province be admitted
and allowed of in nature of a writt of Error.
And bee itt further Enacted by the Authority aforesaid That