at annapolis before revolution 25
and Council the same shall be final, and without any further
review, unless it shall exceed the sum of three hundred pounds
sterling. And be it further enacted by the authority aforesaid,
that all and every person or persons whatsoever shall conceive
him or themselves relievable in equity before a Court of Chan-
cery from any judgment given or obtained against him in the
Provincial Court or county court aforesaid, shall exhibit his bill
and proceed in such Court of Chancery before any appeal be
entered or prosecuted before the Governor and Council afore-
said and not afterwards, and that all such persons that shall con-
ceive themselves aggrieved by any decree in the said Court of
Chancery, wherein the original debt shall exceed the sum of fifty
pounds sterling or twenty thousand pounds of tobacco, shall be
ar liberty to exhibit his prayer to the Governor and Council to
review and examine the same, and that such sentence, judgment
or decree of the said Governor and Council, either in law or
equity as aforesaid, shall be final in this province. Not but that
any person or persons aggrieved with such sentence, judgment
or decree of the said Governor and Council where the real
value in dispute shall exceed three hundred pounds sterling,
according to their Majestys' royal commission and instruction
to his Excellency Francis Nicholson, Esq., their Majestys'
Captain General and Governor in Chief of this province, shall
and may appeal to their Majestys in their Privy Council ac-
cording as their Majestys by their said commission and instruc-
tions have been pleased graciously to appoint and direct. And
that one act of assembly made at the general assembly of this
province begun and held at the City of St. Mary's, the tenth
day of May, in the year of our Lord one thousand six hundred
ninety and two, entitled an Act for Appeals and Regulating
Writs of Error, and every part thereof, be and is hereby utterly
repealed and made void. And that all writs of error or appeals
already made from any judgment of the Provincial Court to the
Governor and Council in the Assembly, shall and may be heard
and determined by the said Governor and Council out of as-
sembly time, anything in the same writ, or any other former law
or practice to the contrary notwithstanding. This act to endure
for three years or to the end of the next session of assembly.
The limitation of the act to three years' dura-
tion was in accordance with a general practice
|
|