Volume 535, Page 147 |
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. 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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Volume 535, Page 147 |
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