CHAP.
IV.
Method of
prosecuting
Appeals, &c.
by transmitting
a Transcript
of the
Proceedings,
&c.
Appeals, so
made, shall
be admitted
by the superior
Court in
the nature of
a Writ of Error.
Penalty on
the Clerk refusing
or delaying
to
make out a
Transcript.
In case the
Governor be
absent, or a
Party, then
the Council
and President
alone may determine.
The Act of
1712, ch. 5,
repealed. |
shall be given as aforesaid, and thereupon entered, shall be definitive
for
any such Debt or Damages as aforesaid; any Law, Usage or Custom, to the
contrary notwithstanding.
IV. And be it
further Enacted, by the Authority, Advice and Consent aforesaid,
That the Method and Rule of the Prosecution of Appeals and Writs of
Error, shall, for the future, be in Manner and Form as is herein after
mentioned
and expressed, (That is to say) The Party appealing, or suing out
such
Writ of Error as aforesaid, shall procure a Transcript of the full Proceedings
of the said Court from whence such Appeals shall be made, or against whose
Judgment the Writ of Error shall be brought as aforesaid, under the Hand
od
the Clerk of the said Court, and Seal thereof; and shall cause the same
to be
transmitted to the Court before whom such Appeal or Writ of Error shall
is, or
ought to be heard, tried and determined as aforesaid; and also in the same
Court file, in Writing, according to the Rule of the same Court, such Error
in the Proceedings, as the Plaintiff in the Writ of Error shall think fit
to assign,
or such Causes or Reasons as he, or they, had for making the said Appeal,
or suing out such Writ of Error as aforesaid; upon which Transcript
the said Court to whom such Appeal shall be made, or before whom such
Writ of Error shall be brought as aforesaid, shall proceed to give Judgment.
V. And be it
further Enacted, by the Authority, Advice and Consent aforesaid,
That all Appeals made in Manner aforesaid, shall be admitted and allowed
by the superior Courts, to whom such Appeal shall be made as aforesaid,
in nature if a Writ of Error; and that every Clerk of a Court shall,
at the Time of the Sitting of any Court to which they respectively belong,
and when any Appeal shall be demanded, to enter a Memorandum of such
Demand, as well in his or their Courts Proceedings, as in the fair Records
of
the Proceedings of such Court. And that no Clerk of a Court do refuse
or
delay, upon Request of any Appellant as aforesaid, to write and make out
a
Transcript of the whole Proceedings as aforesaid, under his Hand, and the
Seal of the Court as aforesaid, upon Penalty to pay the respective Damages
which such Appellant shall sustain by such Refusal or Delay as aforesaid,
the
said party paying, or securing to be paid, such respective Clerk has just
Fees
for the same, according to Law.
VI. And be it
further Enacted, by the Authority, Advice and Consent aforesaid,
That all Appeals, or Writs of Error already made and brought, or hereafter
to be made or brought, before the Governor and Council, shall and may
be heard by the said Governor and Council, out of Assembly Time; any
thing in the same Writ, any other former Law or Practice to the contrary
notwithstanding.
VII. And for
that it may so happen, that the Governor of this Province, for
the Time being, may hereafter be concerned in an Appeal made, or Writ of
Error brought, from the Judgment of the Provincial Court, to the Governor
and Council aforesaid, or be otherwise indisposed, or absent; Be
it therefore
Enacted, by the Authority, Advice and Consent aforesaid, That
it shall and may
be sufficient, in every such Case, for the * Council only to hear and determine
such Matters of Controversy; whereof the First of the Council in Commission
being then present shall preside, whose Judgment thereupon shall be definitive,
in as full and ample Manner as if the said Governor were then actually
present, and presiding; any thing in this Act to the contrary notwithstanding.
* By the Act of 1729, ch. 3, any
five Members of the Court of Appeals, may sit in the Absence
of the Governor and President;
the senior Councillor present Presiding.
VIII. And
be it further Enacted, by the Authority, Advice and Consent aforesaid,
That an Act of Assembly of this Province, entitled, An Act for regulating
Writs of Error, and granting Appeals from and to the Courts of Common |