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Proceedings and Acts of the General Assembly, October 1720-1723
Volume 34, Page 665   View pdf image (33K)   << PREVIOUS  NEXT >>
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The Lower House. 665


used and observed in this Court as are most Agreeable to
Laws of this Province, or otherwise to the forms used and
Observed in the Courts of Common Law in England in the
same or the Like Causes, as near as the Judge or Register
may well know them or Otherwise such forms as the said
Chief Justice shall Appoint or Approve to be used and
Observed Except where it is otherwise provided by any Law
of this province.
And all Questions and demurrers in Law in this Court
shall be determined by the said Chief Justice Commissioner
or Commissioners and in all pleas and Matters Civill or Crimi-
nall In this or any other Court within this province the Lord
propry shall be Allowed all the same and the Like prerogatives,
and Royall Rights as are usually or of Right due or belonging
to A Count Palatine (Saveing always the Sovereign Domin-
ion due to the King of England. )
And such Judgement shall be given in all Cases in the Court
as is most Agreeable to the Laws of this province or (in
default of such Laws) to the Judgement Usually given in the
same or the like Causes in the Civill Courts or Courts of Com-
mon Law in England as near as the Judge shall be able to
Determine

The same Sessions in an Act made entituled an Act for the
Erecting a Court of Chancery is thus Contained.

Be it Enacted by the Lord Proprietary of this province by
and with the Advice and Approbation of the ffreemen of the
same that all matters and Causes whatsoever determinable in
the High Court of Chancery in England and all matters and
Causes whatsoever Civill not provided for by any Law of this
province, and all Causes whatsoever Civill (otherwise of
Right belonging to any other Court within this province)
wherein the Judge of such Other Court is a party (Except
such Other Judge be Lieutenant Generall of the province)
shall or may be finally heard and determined within this prov-
ince by and before the Chancellor of this Province and Coun-
cill of State for the time being and the said Chancellor shall
or may appoint a Clerk for recording of all matters belonging
to that office and the said Chancellor Councell and Clerk
shall be a Court of Record and be Called the Court of Chan-

L. H. J.

cery and shall have power to Issue and award all the same or
the Like writs, Grants pardons Commissions or Edicts as
may be Issued or Awarded out of the High Court of Chan-
cery in England and further to Enjoy use and Exercise all or
any the same or the Like powers priviledges Authorities and
Jurisdictions within this province as the said Court of Chan-

p. 66



 
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Proceedings and Acts of the General Assembly, October 1720-1723
Volume 34, Page 665   View pdf image (33K)   << PREVIOUS  NEXT >>


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