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An Abridgement of the Laws in Force and Use in Her Majesty's Plantations; 1704
Volume 193, Page 2   View pdf image (33K)
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2            An Abridgment of the Laws of

    II.  No person against whom any Judgment shall be 
given in any County Court, shall have any Appeal or
Writ of Error from the said County Court to the Provincial 
Courts where the Debt or Damages do not amount
to 6 l. Sterling, or 12 hundred pounds of Tobacco.  And
no person against whom Judgment shall be given in the
Provincial Court of this Province where the Debt or Damage
shall not exceed the summ of 50 l. Sterling, or ten
thousand pounds of Tobacco, shall be allowed an Appeal
or Writ of Error to the Governour and Council;
but the Judgment of such Courts shall be definitive
    II.  The Party appealing, or suing out a Writ of Error,
shall procure a Copy of the full proceedings of the
Court from when he appeals, &c. under the hand of 
the Clerk of the said Court, and the Seal thereof, and
transmit the same to the Court to which he appeals, and
also file in the said Court such Error as the Plaintiff in
the Writ of Error shall Assign, upon which Transcript
the Court before whom such Appeal or Writ of Error
shall be brought, shall proceed to Judgment.
    IV.  All Appeals made in the manner aforesaid, shall
be allow'd and admitted by the Superiour Court to
which they are made:  And every Clerk of a Court
where an Appeal shall be demanded, shall enter at the
sitting of the said Court a Memorandum of such Demand,
in the Journal and in the Records of the said
Court.  And no Clerk of a Court shall refuse or delay
any Appellant to make out a Transcript of the whole
Proceedings in such manner as aforesaid, upon Penalty
to pay such Damages as the Appellant shall sustain by
such Refusal or Delay, the Party paying such Clerk his
Lawful Fees for securing the same.
    The Fees for a Writ of Error, to the Secretary 50 l. of
Tobacco, to the Keeper of the Seal, 120 l. of Tobacco,
For a Supersedeas, to the Secretary and Keeper of the
Seal, the like Fees:  And for a scire facias ad audiendum
Errores,
the like Fees.
    IV.   In all Appeals and Writs of Error, tryed before 
the Governour and Council, if the former Judgment
shall be affirmed, such Determination shall be final, unless
such Judgment exceed the summ of 300 l. Sterling,
or 60000 l. of Tobacco; and in such Case the Party
against whom such Judgment shall be given, may appeal
to the King and Council in England.

 

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An Abridgement of the Laws in Force and Use in Her Majesty's Plantations; 1704
Volume 193, Page 2   View pdf image (33K)
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