|
Judgement shall be affirmed as well all and singular the debts
damages and Costs adjudged by the Judgement, as also all
Costs and damages that shall be awarded at the Provinciall
Court for the same delaying Execution then the said Bond to
stand in full force and Vertue And Whereas it hath been
found of ill consequence to this Province that no Provision
hath been made for the limitation of Appeals from the severall
& respective Counties to the Provinciall Courts. Bee it there-
fore Enacted by the Authority aforesaid by and with the advice
and Consent aforesaid that no person or persons whatsoever
against whom any Judgemts shall be given in any County
Court within this Province, wherein the debt or damages, for
which such Judgement shall be given as aforesaid, doth not
amount to or exceed the sum of twelve hundred pounds of
|
Lib. L. L.
No. 1.
|
|
|
Tobacco shall be allowed any appeal but such Judgement by
the Justices of the County Court so given andentred as afore-
said shall be diffinitive for any debt or damages under the
sum aforesd any Law Statute or useage or Custome to the
contrary notwithstanding. And whereas also by the Law of
England there is no rules prescribed for the Prosecution of
Appeals (being not altogether agreeable to the Practice of the
same Law) yet being found necessary and convenient for the
good of this Province as aforesaid Bee it therefore Enacted
by the Authority aforesaid that the Method and Rule for pro-
secution of such Appeals as aforesaid shall for the future be
in manner & forme Expressed (that is to say) the party ap-
pealeant shall procure a Copy or transcript of the full proceed-
ings of the said Court from whence such appeal shall be made
under the hand of the Clerk of the said Court and the Seal of
the said Court, and shall cause the same to be Transmitted to
the Provinciall Court the next ensuing, and shall also at the
same Provinciall Court file in writing according to the Rules
of the Provinciall Court such Error in the said Proceedings as
he shall think fitt to Assign or such Causes or reasons as he
had for making the said Appeale. Whereupon and upon the
said Transcript the Provinciall Court shall proceed to give
Judgement as in Cases of Writts of Error is usuall Provided
this Act shall not extend to barr any Person or Persons from
suing out Writt or Writts of Error according to due Course
|
p. 34
|
|