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Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729
Volume 38, Page 61   View pdf image (33K)
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Acts. 61


And be it further Enacted by the Authority aforesaid by & with
the advice & consent aforesaid that the method & rule for the prose-
cution of Appeals & Writts of Error shall for the future be in
manner & form as hereafter mentioned & expressed That is to say
the party appealing or suing out a Writt of Error as aforesaid shall
procure a Coppy or Transcript of the full proceedings of the said
Court from whence such appeal shall be made or against whose
Judgment a Writt of Error shall be brought as aforesaid under the
hand of the Clerk of the said Court and the Seal thereof and shall
cause the same to be transmitted to the Court before whome such
Appeal or Writt of Error is or ought to be heard tryed & determined
as aforesaid and also in the same Court file in Writing according to
the Rule of the said Court such Error in the said proceedings as he
or they shall think fitt to assign or such causes or reasons as he or
they had for making the said Appeal or suing out such Writt of
Error as aforesaid Upon which Transcript the said Court to whom
such appeal shall be made or before whome such Writt of Error shall
be brought as aforesaid shall proceed to give Judgment. And be it
Enacted by the Authority aforesaid, by & with the advice & consent
aforesaid that all appeals made in manner aforesaid shall be admitted
& allowed of by the Superior Court to whom such appeal shall be
made as aforesaid in nature of a Writt of Error and that every Clerk
of a Court shall at the time of the Sitting of that Court to which
they respectively belong and when any appeal shall be demanded to
enter a Memorandum of such demand as well in his or their Joyrnall
as in the fair Records of the proceedings of such Court and that no
Clerk of a Court do refuse or delay upon the request of any Appeal
as aforesaid under his hand and the Seal of the said Court as afore-
said upon penalty to pay the respective damages which such appellant
shall sustain by such refusall 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.
And be it Enacted by the Authority aforesaid that no Officer
within this Province shall hereafter for any Writt of Error Super-
sedeas or Scire facias demand any other fees then is hereafter
mentioned (that is to say) for a Writt of Error to the Secretary
fifty pounds of Tobacco, and to the Keeper of the Seal for the Seal
thereof one hundred & twenty pounds of Tobacco, for a Supersedeas
to the Secretary fifty pounds of Tobacco, and to the Keeper of the
Seal one hundred & twenty pounds of tobacco, for a Scire facias to
the Secretary fifty pounds of Tobacco, and to the Keeper of the
Seal one hundred & twenty pounds of tobacco, any Law Usuage
or Custom to the Contrary notwithstanding. And be it Enacted by
the Authority aforesaid by & with the advice & consent aforesaid that
all Appeals or Writts of Error tryable before the Governeur & Coun-
cell if it so shall happen that the former Judgment given shall be by

Public
Record
Office,
London.
C. O. 5,
Vol. 731,
Maryland.
From
1694-1702.
Acts



 
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Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729
Volume 38, Page 61   View pdf image (33K)
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