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mined as aforesaid; and also in the same Court file, in
Writing, according to the Rule of the same Court, such Error
in the Proceedings, as the Plaintiff in the Writ of Error shall
think fit to assign, or such Causes or Reasons as he, or they,
had for making the said Appeal, or suing out such Writ of
Error as aforesaid; upon which Transcript the said Court to
whom such Appeal shall be made, or before whom such Writ
of Error shall be brought as aforesaid, shall proceed to give
Judgment.
V. And be it further Enacted, by the Authority, Advice and
Consent aforesaid, That all Appeals made in Manner afore-
said, shall be admitted and allowed by the superior Courts, to
whom such Appeal shall be made as aforesaid, in nature of a
Writ of Error; and that every Clerk of a Court shall at the
Time of the Sitting of any Court to which they respectively
belong, and when any Appeal shall be demanded, enter a
Memorandum of such Demand, as well in his or their Courts
Proceedings, as in the fair Records of the Proceedings of such
Court, And that no Clerk of a Court do refuse or delay,
upon Request of any Appellant as aforesaid, to write and
make out a Transcript of the whole Proceedings as aforesaid,
under his Hand, and the Seal of the Court as aforesaid, upon
Penalty to pay the respective Damages which such Appellant
shall Sustain by such Refusal or Delay as aforesaid, the said
Party paying, or securing to be paid, such respective Clerk
his just Fees for the same, according to Law.
VI. And be it further Enacted, by the Authority, Advice
and Consent aforesaid, That all Appeals, or Writs of Error
already made and brought, or hereafter to be made or brought,
before the Governor and Council, shall and may be heard by
the said Governor and Council, out of Assembly Time; any
thing in the same Writ, any other former Law or Practice to
the contrary notwithstanding.
VII. And for that it may so happen, that the Governor of
this Province, for the Time being, may hereafter be concerned
in an Appeal made, or Writ of Error brought, from the Judg-
ment of the Provincial Court, to the Governor and Council
aforesaid, or be otherwise indisposed, or absent; Be it there-
fore Enacted, by the Authority, Advice and Consent aforesaid,
That it shall and may be sufficient, in every such Case, for the
Council only to hear and determine such Matters of Contro-
versy; whereof the First of the Council in Commission being
then present shall preside, whose Judgment thereupon shall
be definitive, in as full and ample Manner as if the said Gov-
ernor were then actually present, and presiding; any thing in
this Act to the contrary notwithstanding.
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