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Proceedings of the Court of Chancery, 1669-1679
Volume 51, Page 280   View pdf image (33K)
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         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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Proceedings of the Court of Chancery, 1669-1679
Volume 51, Page 280   View pdf image (33K)
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