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Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729
Volume 38, Page 7   View pdf image (33K)
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Acts. 7


the Authority aforesaid that the Method and Rule for the Prosecu-
con of such appeales as aforesaid shall for the future be in manner
and forme hereafter expressed (that is to say) the party appealant
shall procure a Copy or Transcript of the full proceedings of the said
Court from whence such appeale shall be made under the hand of the
Clerke of the said Court and the Seale of the said Court, and shall
cause the same to be transmitted to the Provintiall Court then next
ensuing, and shall also at the same Provintiall Court file in writeing
according to the Rules of the said Provintiall Court such Error in the
said Proceedings as he shall think fitt to assigne or such Clauses or
reasons as he had for makeinge the said appeale, Whereupon and
upon the said Transcript the Provintiall Court shall proceed to give
Judgement as in cases of Writts of Error is usuall. Provided this
Act shall not Barr any person or persons from suing out Writts of
Error according to due Course of Law, but that every such person
or persons shall be left to their Eleccons whether they will bring a
Writt of Error or sue out an Appeale as aforesaid Provided also that
every person & persons that shall sue out any Writt of Error or
Supersedeas in any case whatsoever shall before such Writt of Error
or Supersedeas be issued enter into Bond with the penalty of double
the Sume adjudged to be recovered by the former Judgement of the
Inferiour Court before the Chancellor or Secretary of this Province
for the tyme being with sufficient Surety or Suretyes to prosecute
such Writt of Error with effect, and in case the said former Judge-
ment shall be affirmed to pay and satisfye all and singuler debts
damages & Costs adjudged by the said former Judgmt of the In-
feriour Court and also all Costs & damages as shall be awarded by
the Superiour Court where such Writt of Error is returnable. And
be it further Enacted by the Authority aforesaid that all & every
appeales made in manner aforesaid shall from henceforth by the
Provinciall Court of this Province be admitted and allowed of in
nature of a Writt of Error. And be it further Enacted by the au-
thority aforesaid that all and every Clerke and Clerks of the respective
County Courts or other Inferiour Courts of this Province, shall be
and are hereby obliged at the tyme of such Courts sitting when any
appeale shall be demanded to enter a memorandum of such demand
as well in his or their Journall as in the fair Records of the Proceed-
ings of such Court or Courts, and that no Clerk or Clerks of any
County Courts or other inferiour Courts of Records of this Prov-
ince for the future refuse or delay upon the Request of any such
Appeale to write or make out Transcript or Transcripts of such
Proceedings as aforesaid under his hand and the scale of the said
Court as aforesaid upon penalty to pay the respective damage or
damages which such person or persons shall susteyne by such
refusall or delay as aforesaid the party appealant paying or securing
such respective Clerke his just Fees for the same according to law,
And be it further Enacted by the Authority aforesaid that no officer

Public
Record
Office,
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 7   View pdf image (33K)
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