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Public
Record
Office,
London.
C. O. 5,
Vol. 731,
Maryland.
From
1694-1702.
Acts
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the said Governeur & Councell affirmed such determination shall be
final and without any further review unless it shall exceed the sum
of Three hundred pounds Sterling or the sum of Sixty Thousand
pounds of Tobacco according as his Majty and his late Royall Con-
sort of Glorious memory by their Royall Comission & Instructions
to his Excellency Francis Nicholson Esqre their Majtys Captain
Generall & Governeur in Cheif of this Province have been gratiously
pleased to appoint & direct then & in every such case to appeal to the
King & Councell, And be it further Enacted by the Authority afore-
said that all & every person or persons that shall conceive him or
themselves relievable in Equity from any Judgment given or ob-
tained against him in the Provinciall or County Court aforesaid shall
exhibit his Bill and proceed in Chancery before any Appeal be entred
or prosecuted before the Governour & Councell and not afterward,
and that all such persons as conceive themselves agrieved by any
decree in Chancery wherein the originall Debt or Damages shall
amount to or exceed the sum of fifty pounds sterling or Ten Thou-
sand pounds of Tobacco shall be at liberty to Exhibitt his prayer to the
Governour and Councel to review & examine the same and that the
Judgment Sentence or decree of the said Governour & Councel shall
be final as aforesaid unless as aforesaid the Original Debt or Dam-
ages shall exceed three hundred pounds sterling or sixty Thousand
pounds of Tobacco as aforesaid then & in every such case to appeal
to the King & Councel as aforesaid, and that one Act of Assembly
made at a Sessions of Assembly begun & held at the City of St.
Maryes the twenty first day of September in the year of our Lord
one Thousand six hundred ninety four Entituled an Act for appeals
& regulating Writts of Error be & is hereby repealed, and that all
appeals or Writts of Error already made & brought or hereafter to
be made & brought to or before the Governor & Councel shall & may
be heard by the said Governor & Councel out of Assembly time, any
thing in the same writt or any other former Law or practice to the
contrary notwithstanding. And for that it may so happen that the
Governor of this Province for the time being may hereafter be con-
cerned in an appeal made or Writt of Error brought from the Provin-
ciall or County Courts to the Governour & Councell aforesaid or he
otherwise indisposed or absent Be it therefore Enacted by the
Authority aforesaid by and with the advice and Consent aforesaid
that it shall & may be sufficient in every such case for the Councell
only to hear & determine such matters of controversie whereof the
first of the Councell in Comission being then present shall preside
whose Judgment thereupon shall be definitive Except before excepted
in as full & ample manner as though the said Governour were then
actually present and presiding any thing before in this Act to the
Contrary notwithstanding. This Act to endure for three years or to
the end of the next Session of Assembly.
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