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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 609   View pdf image (33K)
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ber, 1765. And, on the 19th of the same month, they agreed to
and published " a Declaration of the rights and grievances of the

not easy to induce the colonists to submit to this general supremacy as a fundamental
principle in their connexion with the mother country; because it mortified their
pride, and was, in all cases in which the right of appeal was exercised, attended with
much delay, expense and vexation, ( Chal. Pol. An. 295, 343, 490, 678; 1 Ram. U. S.
111; 1 Belk. N. Hamp 247.)

Appeals lay from the highest court of record in each of the colonies to the king in
council, in all civil cases, where the land or other thing in controversy amounted to
three hundred pounds sterling or upwards in value, (1 Smith's His. N. York, 384;
Pawn. Adm. Colo. 61, note; 3 Virg. Stat. 550; Stokes View Brit. Col. 225; 1 H. &
McH. 44, 77, 80, 90, 504; 2 H. & McH. 324, 346; 1702, ch. 1, s. 20; 1773, ch. 7, s.
5&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 matter 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 benefits
subsequently accruing from the same title might be bound, or because of the pecu-
liar circumstances of the case, an appeal might, at the discretion of the king in
council, be allowed, though the value then immediately involved 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 department of the colony. An appeal lay in some cases from peculiarly
constituted tribunals; (1702, ch. 1, s. 20; 1726, ch. 9; 1 H. & McH. 409, 509,) or
direct from the colonial court of chancery, (Stokes' View Brit. Col. 26 ;) but if the
case might have been carried to a higher colonial court, the appeal could only be
taken from such court of last resort of the colony, (2 Chal. Opin. Em. Law, 175.)
In Maryland in a case in the court of chancery upon a petition by the defendant
praying an appeal to the king in council, the prayer was on the 1st of March 17.38
rejected. " The said prayer, being (as it was said) contrary to his majesty's instruc-
tions to grant an appeal to his majesty from any other court, but from the court of
appeals which is the supreme court of this province, to which court he may appeal,
and from thence to his majesty, if he 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, constituted 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 case could however be transmitted for difficulty; but
must be determined by the court below one way or the other.—(2 Ld, Raym. 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 & 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.—(Stokes' 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 mutter.



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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 609   View pdf image (33K)
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