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Proceedings and Acts of the General Assembly, October 1773 to April 1774
Volume 64, Page 205   View pdf image (33K)
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Acts. 205


Defendant is dead and who is his or her Heir Executor or Ad-
ministrator or where he she or they respectively be served therewith
and if any Person or Persons so served with a Copy of such Decree
shall not within six Months after such Service appear and Petition
to have the said Cause reheard such Decree so made as aforesaid
shall Stand absolutely confirmed against the Person or Persons
so served with a Copy thereof His Her and their respective Heirs
Executors and Administrators and all Persons claiming or to claim
by from or under him her them or any of them by Virtue of any
Act done or to be done subsequent to the Commencement of such
Suit and if any Person so served with a Copy of such Decree shall
within six Months after such Service or if any Person not being So
served shall within two Years next after the making such Decree
appear in Court and Petition to be heard with Respect to the Matter
of such Decree and shall pay down or give Security for payment
of such Costs as the Court shall think Reasonable in that Behalf
the Person or Persons so petitioning his her or their Respective
Representatives or any Person or Persons claiming under him her
or them respectively by Virtue of any Act done before the Com-
mencement of the Suit may be admitted to answer the Bill exhibited
and issue may be joined and Witnesses on both Sides examined
and such other Proceedings Decree and Execution may be had
thereon as there might have been in Case the same Party had origin-
ally appeared and the Proceedings had been newly begun or as if no
former Decree or Proceeding had been in the same Cause and if
any Person or Persons against whom such Decree shall be made
His her or their Heirs Executors or Administrators shall not within
two Years next after making such Decree appear and petition to
have the Cause reheard and pay down or give Security for Pay-
ment of such Costs as the Court shall think reasonable in that Behalf
such Decree made as aforesaid shall stand absolutely confirmed
against the Person and Persons against whom such Decree shall be
made his her and their Heirs Executors and Administrators and
against all Persons claiming or to claim by from or under him her or
them or any of them by Virtue of any Act done subsequent to the
Commencement of such Suit and at the End of such two Years it

Liber R. G.
1773

shall and may be Lawful for the Court to make such further Order
as shall be just and reasonable according to the Circumstances of
the Case —

And be it enacted by the Authority aforesaid that upon Appeal to
his Majesty in Council from any Judgment or Decree which shall
be rendered or given in the Court of Appeals of this Province where-
upon Security shall be given for prosecuting such Appeal in Case the
Appellant or Appellants shall not lodge in the said Court of Ap-
peals of this Province a Certificate of the Clerk of his Majestys

A Certifi-
cate of the
Clerk of his
Majesty's
Council to
be lodged in
the Court of
Appeals
within 12
Months, that
the Record
had been
lodged with
him.



 
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Proceedings and Acts of the General Assembly, October 1773 to April 1774
Volume 64, Page 205   View pdf image (33K)
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