THE CHANCELLOR'S CASE.—1 BLAND. 571

ber, 1765. And, on the 19th of the same month, they agreed to
and published "a declaration of the rights and grievances of the

324, 346; 1702, cb. 1, s. 20; 1773, ch. 7, s. 5 and 6;) and in prosecutions for
misdemeanors, where, on conviction, the fine imposed exceeded the value of
two hundred pounds sterling, (Stokes' View Brit. Col. 224.) But if the mat-
ter in question related to the taking, or demanding of any duty payable to
the King, or to any fee of office, or annual rent, or the like, where the bene-
fits subsequently accruing from the same title might be bound, or because
of the peculiar circumstances of the case, an appeal might, at the discretion
of the King in Council, be allowed, though the value then immediately in-
volved was less than three hundred pounds sterling. (Stokes' View Brit.
Col. 224; 2 Chal. Opin. Em. Law, 177.) An appeal could only be taken from
the Colonial Court of the last resort; and what Court that was depended
upon the nature of the case; and upon the constitution of the judicial de-
partment of the colony. An appeal lay in some cases from peculiarly con-
stituted tribunals; (1702, ch. 1, s. 20; 1726. ch. 9; 1 H. & McH. 409, 509.) or
direct from the Colonial Court of Chancery. (Stakes' Vieu- Brit. Col. 26;)
but if the case might have been carried to a higher Colonial Court, the ap-
peal could only be taken from such Court of last resort of the colony, (3
Chal. Opin. Em. Law, 175.) In Maryland in a case in the Court of Chan-
cery upon a petition by the defendant praying an appeal to the King in
Council, the prayer was on the 1st of March, 1738, rejected. "The said
prayer, being (as it was said) contrary to his Majesty's instructions to grant
an appeal to his Majesty from any other Court, but from the Court of Ap-
peals which is the Supreme Court of this Province, to which Court he may
appeal, and from thence to his Majesty, If lie think fit." (Chan. Proc. lib.
I. R. No. 4. fol 60.)

In admiralty cases, if the decision was given by the Governor and Council,
or other Colonial Court of last resort, then the appeal was direct to the King
in Council; but if the sentence was passed by a Vice-Admiralty Court, con-
stituted by the King in the colony, then the appeal was to the High Court
of Admiralty of England; and from thence the case might be taken by appeal
to the King in Council.—(2 Chal. Opin. Em. Law, 227, 228.) No ease could
however be transmitted for difficulty; but must be determined by the Court
below one way or the other. (2 Ld. Rayin. 1448.)

An appeal to the King in Council was required to be made within fourteen
days after the judgment or decree of the Colonial Court was rendered; and
the appellant was required to give good security to prosecute his appeal with
effect, or to pay all costs and damages in case the decision should be affirmed,
(1773, ch. 7, s. 5 and 6; 3 Virg. Stat. 550.) The mode of ascertaining the
value of the thing in controversy was regulated by the King's instructions;
or by the rules of the Superior Colonial Courts. A transcript of the record
of the Colonial Court was made out by its clerk, who made affidavit, that
the copy was a true one, and that it had been compared with the original.—
(Stokes1'View Brit. Col. 225.)

When the record thus authenticated reached the King in Council, it was
almost as a matter of course referred to a committee to consider and report
upon the matter. Whereupon the committee appointed a time and place
for the hearing, of which they gave notice to the parties personally or by
publication; after which and upon making up their opinion they reported
accordingly. But the course of proceeding before the King in Council; the
judgment of that tribunal, and its mandate with which the case was sent
back to the Colonial Court may be better understood by a perusal of the