Volume 51, Page 280 View pdf image (33K) |
280 Chancery Court Proceedings, 1679. Liber C D the King's Bench in Anno 27.th Regineo Eilzabeth Chap: 8 It is Enacted that Such reversall or affirmation of any such former Judgm.t Shall not be So finall but that the party who findeth him agrieved therewith Shall & may Sue in the high Court of Parliament for the further & due Examination of the Said Judgem.t in Such Sort as is now used upon Erroneous Judgm.ts &c and that the party plant or defend.t against whom any Such Judgm.t Shall be Given may at his Election Sue forth out of the Court of Chancery a Speciall writt of Erro.r &ca 2 To the Second objection the Said Henry Saith that the S.d ffrancis Stockett & James Stavely are Good and Sufficient Security being psent that have Good and Visible Estates in this Province farr beyond the Validity of the Said Cause w.ch is well known to the most of his Lordship's Good people in the Said province 3 To the third Objection the Said Henry Saith that the sd Peaca mistakes the Law to Say that the Law doth doth allow treble dam ages when the Law of England & likewise the Law of this Province do do Enjoyn all such person or persons in whose name or names Such Writt Shall be brought & obtained to Enter into Recognizance to ye party concerned but in double the Summ adjudged to be Re covered with the debt damages and Costs adjudged &c The S.d debt being but two thousand Six hundred pounds of Tobacco and the Sume of Eight hundred ninety Seven pounds of Tobacco for Costs in all amounting to the Summe of three thousand four hundred ninety Seven pounds of Tob.° So that he humbly conceives he hath Given Security beyond what the Law Requires in Such Cases made and provided p.229 4 To the fourth Objection the Said Henry Saith that he is in no (fol. 280) ways oblidged by the Law to forbear to put in Security before his Hono.r the Chancello.r to prosecute his writt of Error with Effect untill Peaca or his Attorney be present being no ways Limited or Barred by any Law or Practice in Such Cases and that the Said Peaca ought not to proceed in Taxing Cost But if any Costs be taxed to be done in open Court where the Said Stockett or his Attorney may be present to make their Objections So that he the Said Henry Humbly Conceives that he ought not to be barred from haveing his writt of Erro.r af.d and Craves that he may have a writt of Supersedeas to Stay Execution in the S.d Cause between the Said Peca and him the Said Stockett All which matters and things he humbly Submitts to the Judgm.t of the Hon.ble Thomas Notley Esq Chief Justice of the Province of Maryland and the rest of his Lordship's Justices of the Prov.ll Court &ca George Parker |
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Volume 51, Page 280 View pdf image (33K) |
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