Volume 20, Page 136 View pdf image (33K) |
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136 Proceedings of the Council of Maryland, 1694 97.
Lib. H. D. cill are Sufficiently Authorized and Empowered by Yor Coinis sion from their Majties to hear and determine all Matters in Law comeing before You either by Appeale or Writt of Error from the prov” Court wth out any further or other Comission Whitehall or Authority for the same but Wee conceive it Necessary for information of the people that You Signiefie by proclamation how often in the year you will Sit to hear & determine such matters. 2: What will be the best Methode or Manner for consti tuteing a Court of Chancery or Equity in this province according to the constitutions of the same. Wee Say that because you have power & Authority to con stitute Erect and establish such & so many Courts of Judica ture & publick Justice &ca as to you shall seem convenient &Ca You may constitute a particular Court of Equity in this province. But then for the Honr of the Goverr & Councill it would be Necessary to declare by a Law that any person expecting to be relieved by Equity shall lay hold of the same by Injunction or otherwise before the Matter in Law by Appeale or Eror be laid before the sd Goverr & Councill and p. 58 not after or else you may procure a Law to be made declare ing the Goverr & Council to be Judges in Equity wthin this province when the matter shall in a regular equitable way be brought before them by Subpen Injunction or Petition and not otherwise And this wee say because wee are not Unanimously Agreed wth of the Two is most Agreeable to the Current of Law and constitution of this province And wee humbly Sig nyfie that Wee take it to be Against the Current and the Meaning of the Law and incongruous of it Self to have the Same persons Judges in the Prov” Court as also Judges in Councill for the Motion of Appealing or Writts of Error is to except Against the Judgmts of these Judges that gives Judgmt & Appeale to other Judges in a Superiour Court wch plainly Supposes different prsons this is our present Opinion of the Matters abovesaid to wch wth Submission to better Judgments wee Subscribe
Yor Excency most humbly & faithfull Servants Septr the 26th 1694 Rob: Smith Kenelem Cheseldyn Geo: Plater Edwd Boothby Willm Dent Phil: Clarke.
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Volume 20, Page 136 View pdf image (33K) |
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