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Proceedings and Acts of the General Assembly, March 1697/8-July 1699
Volume 22, Page 323   View pdf image (33K)
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Assembly Proceedings, June 29—July 22, 1699. 323

the premisses they have thought it Absolutely necessary to
Compose a Law to Regulate the high Court of Chancery for
these reasons.
Ist That his Maty by his Royall Comission to his Excy
haveing enjoyned him to be keeper of the Seale of this pro-
vince is thereby Chancellor and that by Virtue of a former
Law is a particular and Distinct Court And that the Govr and
Councill for hearing of Writts of Error and Appeals from the
Provintiall Court is an Other distinct Court, so that the Gov-

Original
Journal.

ernor and Councill will be one and the same Iudges in both
Courts.
2dly That by the former Law, if any person upon the Chan-
cellory Decree or Determination of any Matter, thought him-
selfe aggrieved he should pray to the Governor and Councill
for reviveing and Rehearing the same so that they are still the
Same Iudges.
To prvent which Inconveniency we humbly offer these our
opinions to this honble house that they will make Some Law or
p'scribe other means as they shall think most Necessary
Signed p Order
C. Lomax Cl Comittee

On the Backside whereof was thus Endorsed Vizt

By the house of Delegates Iuly the 8th 1699.

May it please Yor Excy
We have recd the Reporte of the Comittee Appointed to
Consider of the Composeing of a Law for regulateing the
Chancery proceedings this house Concurrs in opinion that all
the Inconveniencys mentioned in the said Reporte will fall
upon us by the Same individuall persons being Iudges in
Chancery & Appeals, And in reviews we are not Willing to
Offer yor Excy any temporary Act being Contrary to his Matys
inclinations and Instructions nor are we willing to be bound
by a perpetuall Act to Inconveniencys which we cannot diserne
But make our Addresses to yor Excy you will soe dispence
Your Comissions with the Advice of his Matys honble Coun-
cill that the three differring Authoritys mentioned in the said
Reporte may not Interfere one with another nott that the Same
individuall persons be Iudges in the Same Cases.
Signed p Order
Chr: Gregory Cl house Del.

p. 53

in Answer to the Above Message Reporte & Indorsemt was
this sent as follows Vizt by Col Iohn Addison and Thomas
Brook Esqr

p. 54



 
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Proceedings and Acts of the General Assembly, March 1697/8-July 1699
Volume 22, Page 323   View pdf image (33K)
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