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Bacon
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cause the said Tobacco to be marked on the Creditor's Risque ;
and if Cause be not shewed within Forty-eight Hours after
the Date and Service of such Writing, which shall be dated
on or at a certain Hour of a certain Day, that then the Justice
shall cause the said Tobacco to be marked and numbered,
and shall send the Sheriff a Certificate of the Mark, Number,
Weight, and Place where such Tobacco lies, on the Creditor's
Account: And, in case the Prisoner is not in his Custody on
any other Account, he shall suffer him (paying, or giving
Security for his Fees) to go at large, and shall not be answer-
able upon any Action of Escape; and if after this the Sheriff
detain the Prisoner any longer in Prison, such Detaining shall
be adjudged False Imprisonment.
Examined and Compared with the Original Act,
Reverdy Ghiselin
Thomas Bacon.
An Act for regulating Writs of Error, and granting Appeals
from and to the Courts of Common Law within this Province.
Forasmuch as the Liberty of Appeals, and Writs of Error,
from the Judgment of the Provincial and County Courts of
this Province, is found to be of great Use and Benefit to the
Good of the People thereof:
II. Be it therefore Enacted, by the Queen's most excellent
Majesty, by and with the Advice and Consent of her Majesty's
President, Council, and Assembly of this Province, and the
Authority of the same, That no Execution upon any Judgment
obtained either in the Provincial or County Courts, or other
inferior Courts of Record within this Province, shall be stayed
or delayed, or any Supersedeas upon such Judgment granted,
or issued forth, upon any Appeal or Writ of Error, from any
such Court or Courts of Record as aforesaid, to the Court
before whom such Appeal ought to be brought, or before
whom such Writ of Error ought to be heard and determined,
unless such Person or Persons in whose Name such Appeal
or Writ of Error shall be made or brought as aforesaid, or
some other in his, her, or their Behalf, shall immediately upon
making such Appeal, or suing out such Writ of Error as afore-
said, enter into Bond, with sufficient Sureties, (such as the
Justices of the Court by whom Judgment shall be given as
aforesaid, or the Keeper of the Seal for the Time being, to
whom Application shall be made for such Writ of Error as
aforesaid, shall approve of) in double the Sum recovered by
such Judgment obtained as aforesaid, with Condition, "That if
" the Party Appellant, or Party suing out such Writ of Error
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