FORASMUCH as the Liberty of Appeals, and Writs of Error, from
the Judgment of the Provincial and County Courts of this Province,
is found to be of great use and Benefit to the Good of the People
thereof:
II. Be it therefore
Enacted, by the Queen's most excellent Majesty, by and with
the Advice and Consent of her Majesty's President, Council, and Assembly
of this
Province, and the Authority of the same, That no Execution upon any
Judgment
obtained either in the Provincial or County Courts, or other inferior
Courts of Record within this Province, shall be stayed or delayed, or any
Sepersedeas upon such Judgment granted, or issued forth, upon any
Appeal
or Writ of Error, from any such Court or Courts of Record as aforesaid,
to
the Court before whom such Appeal ought to be brought, or before whom
such Writ of Error ought to be heard and determined, unless such Person
or
Persons in whose Name such Appeal or Writ of Error shall be made or
brought as aforesaid, or some other in his, her, or their Behalf, shall
immediately
upon making such Appeal, or suing out such Writ of Error as aforesaid,
enter into Bond, with sufficient Sureties, (such as the Justices of the
Court by whom Judgment shall be given as aforesaid, or the Keeper of the
Seal for the Time being, to whom Application shall be made for such Writ
of Error as aforesaid, shall approve of) in double the Sum recovered by
such
Judgment obtained as aforesaid, with Condition, " That if the Party Appellant,
" or Party suing out such Writ of Error as aforesaid, shall not pursue
" the Directions of this Act hereafter mentioned, at the next Court ensuing,
" before who such Appeal or Writ of Error ought to be tried as aforesaid,
" and prosecute the same Writ with Effect; and also satisfy and pay
" to the said Party, his Executors, Administrators, or Assigns, in case
the
" said Judgment shall be affirmed, as well all and singular the Debts,
Damages
" and Costs adjudged by the Court before whom such Action was first
" brought, and from whose Judgment such Appeal shall be made, or thereon
" a Writ of Error brought as aforesaid, as also all Costs and Damages that
" shall be awarded by the Court before who such Appeal or Writ of Error
" shall be heard, tried, and determined as aforesaid; then the said Bond
to
" be and remain in full Force and Virtue; otherwise of no Effect."
III. And be it
Enacted by the Authority aforesaid, by and with the Advice and
Consent aforesaid, That no Person or Persons whatsoever, against whom
any
Judgment shall be given in any County Court of this Province, wherein the
Debt or Damages for which such Judgment shall be give, shall have any Appeal
or Writ of Error from the said County Courts, or other inferior Courts
of Record, to the Provincial Court, wherein the Debt or Damages recovered
do not amount to the Sum of Six Pounds Sterling, or Twelve Hundred
Pounds of Tobacco. And that no Person or Persons whatsoever, against
whom any Judgment shall be given in the Provincial Court of this Province,
wherein the Debt or Damages recovered do not exceed the Sum of Fifty
Pounds Sterling, or Ten Thousand Pounds of Tobacco, shall be allowed any
Appeal, or Writ of Error, to the Governor and Council of this Province;
but the Judgment of the Justices of the same Courts by whom such Judgment |
Preamble.
No Execution
to be stayed
on Appeal or
Writ of Error,
before
Security be
given by the
Appellant.
Form of the
Condition.
No Appeal
to the Provincial
Court
for less than
6 l. Sterling,
or 1200 lb
Tobacco.
Nor from the
Provincial
Court for less
than 50 l.
Sterling, or
10000 lb
Tobacco. |