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Proceedings and Acts of the General Assembly, September, 1704-April, 1706
Volume 26, Page 286   View pdf image (33K)
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Acts. 287


or Writt of Error from the said County Courts or other inferiour
Courts of Record to the Provincial Court wherein the Debt or
Damages recovered do not amount unto the sume of six
pounds sterl or twelve hundred pounds of Tobacco And that
no person or persons whatsoever against whom any Judgment
shall be given in the Provincial Court of this Province wherein
the Debt or Damages recovered shall not exceed the sume
ffifty pounds sterl or Tenn thousand pounds of Tobacco shall
be allowed any Appeale or writt of Error to the Governour
and Councill of this Province but the Judgment of the Justices
of the said Courts by whom such Judgment shall be given as
aforesaid and thereupon entred shall be definitive for any such
Debt and damages as aforesaid any Law usage or Custom to
the contrary notwithstanding
And be it further Enacted by the Authority Advice and
Consent aforesaid That the Method and rule for prosecution
of Appeals and Writts of Error shall for the future be in man-
ner and forme as is hereafter mencond and expressd (that is
to say) the party appealing or suing out such Writt or Error as
aforesaid shall procure a transcript of the full proceedings of
the said Court from whence such appeale shall be made or
against whose Judgment a Writt of Error shall be brought as
aforesaid under the hand of the Clerk of the said Court and
Seale thereof and shall Cause the same to be transmitted to
the Court before whom such Appeale or Writt of Error is or
ought to be heard tryed and determin'd as aforesaid And also
in the same Court file in writing according to the rule of the
said Court such Error in the proceedings as the Plaintiff in the
Writt of Error shall think fitt to Assigne or such Causes or
reasons as he or they had for making the said Appeale or
suing out such Writt of Error as aforesaid upon which Trans-
cript the said Court to whom such Appeale shall be made, or
before whom such Writt of Error shall be brought as aforesaid
shall proceed to give Judgment.
And be it further Enacted by the Authority Advice and
Consent aforesaid That all Appeals made in manner aforesaid
shall be Admitted aud allowed of by the Superiour Court to
whom such Appeals shall be made as aforesaid in nature of a
Writt of Error And that every Clark of a Court shall at the

Lib. L. L.

No. 64.

time of the sitting of that Court to which they respectively
belong and when any Appeale shall be demanded to enter a
Memorandum of such demand as well in his or their Journall
as in the ffair Records of the proceedings of such Court and
that no Clerk of a Court do refuse or delay upon request of
any Appellant as afd to write and make out a Transcript of
the whole proceedings as aforesaid under his hand and the
Seale of the Court as aforesaid upon penalty to pay the

p. 82



 
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Proceedings and Acts of the General Assembly, September, 1704-April, 1706
Volume 26, Page 286   View pdf image (33K)
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