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Somerset Judicial Records 1692-96, Abstracts with Selected Transcriptions
Volume 535, Page 147  
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MSA C 1774-12

99 ~  [16 November 1695]  Order concerning the recording of dissenting opinions in Court proceedings

By his Exncy the Governr & Councill  ~  October the 17th 1695

Upon a case put to Mr. Attorney & Solicitor Gen’ll & other the Attorneys of the Provincial Court, viz, whether a Judge dissenting from the opinion of the rest of his brethren sitting in judgement with him shall be obligated to give some reason for such his dissent, and whether the same shall be entered in the record or not, they were unanimously of opinion that any judge may enter his dissent, without showing any reason, & that such dissent ought to be entered in the Clerks minute book fair Writt out, but not in the Record. Whereupon his Excelly was pleased to order as it is hereby ordered that the same Rule be observed in all & singular the Courts of Justice of this Province & that the Clerks of the sd Courts be constantly obliged to faire write out every Courts minutes to be safely kept among the rest of the Record books, it being adjudged by the Lawyers here that the same will be of very great use in severall respects.
                                                                        Signed p/ order Hen Denton  Clk Council

This order to be served upon the Clk. of the County Court in order to be recorded & by him duly observed//




 
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Somerset Judicial Records 1692-96, Abstracts with Selected Transcriptions
Volume 535, Page 147  
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