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Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729
Volume 38, Page 6   View pdf image (33K)
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6 Assembly Proceedings, 1694-1728.

Public
Record
Office,
London.
C. O. s,
Vol. 731,
Maryland.
From
1694-1702.
Acts
Acts of 1694,
ch. !8
(Continued
by 1695,
ch. 16)

utterly Repealed and made voyd, any thing in the same or any other
act to the contrary in any wise notwithstanding.

An Act for Appeals and regulateing Writts of Error.

Forasmuch as the Liberty of Appeals from the Judgement of the
County Courts is found to be of great use and benefitt to the people
of this Province Bee it therefore Enacted by the King & Queens
Excellent Matys by and with the Advice and consent of this present
Genrall Assembly and the Authority of the same that noe Execution
upon Judgements in the County Courts or other Inferiour Courts of
Record in this Province shall be stayed or delayed, or any Super-
sedias upon such Judgment Granted or issued forth upon any appeale
from any such Court or Courts of record as aforesaid to the Provin-
tiall Court of this Province in any action whatsoever unless such
person or persons in whose names such appeales shall be made or
some other on his or their behalfe shall imediately upon makeing
such appeale enter into Bond with sufficient Suretyes such as the
Court where such Judgement is or shall be given shall approve of in
the penalty of double the Sume adjudged to be recovered by such
Judgement of such County Court or other inferiour Court from
which the said appeale shall be made, with Condicon that if the party
appealant shall not pursue the directions of this Act hereafter
menconed att the Provintiall Court then next ensuing according to
the Rule of the Provintiall Court, and prosecute the same with Effect,
and also satisfye and pay unto the said Party his Heirs Extors
Admrs or Assignes in case the said Judgment shall be affirmed as well
all and singular the debt damages and Costs adjudged by the Court
as alsoe all costs and damages as shall be awarded att the Provintiall
Court for the same delaying of Execution then the said Bond to stand
in full force and virtue And whereas it hath been found of ill Con-
sequence to this Province that no Provision hath been made for the
lymitacon of appeales from the severall & respective County Courts
to the Provintiall Court Be it therefore Enacted by the Authority
aforesaid by and with the Advice and consent aforesaid that noe
person or persons whatsoever against whom any judgement shall be
given in any County Court within this Province wherein the originall
debt for which such Judgement shall be given as aforesaid doth not
amount to or exceed the Sume of twelve hundred pounds of Tobaccoe
shall be allowed any appeale; but such Judgement of the Justices of
the County Court soe given and Entred as aforesaid shall be defini-
tive for any such debt under the Sume aforesaid any Law Statute
Usage or Custome to the contrary in any wise notwithstanding • And
whereas alsoe by the Law of England there is noe Rule prescribed for
the Prosecution of Appeales (being not altogeather agreable to the
Practice of the same Law) yet being found necessary & Convenient
for the good of this Province aforesaid Be it therefore Enacted by



 
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Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729
Volume 38, Page 6   View pdf image (33K)
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