Chancery Court Proceedings, 1679.   279





    And So they pray Stay of the writt of Erro.r till better Security and Liber CD
    Peaca heard And in the mean time to proceed to taxing of Costs
    That his Hono.r may know what Security to take if writt of Erro.r
    issue                            Rob.t Carvile

    190 June 1678
      Let no writt of Erro.r issue till Peca or his Attorney be heard for
    the Reasons Given                Phillip Calvert

      The Reason why Henry Stockett Craves his writt of Erro.r
    returnable in the Assembly to Reverse the Judgm.t of the Provinciall
    Court in Correcting Erro.r in the County Court Between him the
    Said Stockett and Rob.t Peace as followeth

      First that the writt of Erro.r & Supersedeas was unduely obtained
    by Peca quite Contrary to an Act of Assembly in Such Cases made
    and provided Intituled an Act to prevent unnecessary delays of
    Execucon That no Execution upon any Judgm.t in any Court of
    Record in this Province Shall be Stayed or delayed by any writt of
    Error or any Supersedeas upon any Such writt of Erro.r Shall be
    Sued out for the Reverseing of Such Judgements Given or to be
    Given in any Court of Record in this Province upon any Execution p. 228
    whatsoever unless Such person or persons in whose name or names (fol. 278)
    Such Writt Shall be brought and obtained with Sufficient Security
    or Securitys Such as the Court where Such Judgm.t Shall be Given
    Shall allow of Shall before Such Stay made By Writt of Erro.r or
    Supersedeas awarded be bound unto the party for whom any Such
    Judgm.t is or Shall be Given by Recognizance to be acknowledged
    in the Same Court in double the Sume adjudged to be Recovered
    by the former Judgm.t to prosecute the Said writt of Erro.r with
    Effect &c notwithstanding the Sd Robert Peca hath not put in
    Security in manner and form as the S.d Act in that Case doth Re
    quire So that the proceedings upon the sd Peca's writt of Erro.r &
    Supersedeas unrightly obtained as afores.d are undue illegall and
    Erroneous therefore the Said Stockett humbly Craves his writt of
    Erro.T and Supersedeas to Stay Execution in the sd Cause Between
    Peca and him the Said Stockett, And that the sd Stockett may have
    time to Sign his Erro.r till next Court and that the Same may be
    assigned before the next Generall Assembly George Parker

      The Answer of Henry Stockett to the Objections put in by (fol. 279)
    Robert Peaca against the Said Stocketts Security & Writt of Erro.r
    by George Parker his Attorney as followeth
      I First as to the Objection that there ought not to issue out a writt
    of Erro.r returnable in the Assembly to reverse y.e Judgm.t of the
    Provinciall Court in Correcting of Erro.r in the County Court the
    Said Henry Stockett Saith that by a Certain Act of Parliam.t for
    Redressing of Erroneous Judgments in the Court Commonly Called