288 Assembly Proceedings, Sept. 5-Oct. 3, 1704.

Lib. L. L.
No. 64.

. respective Damages which such appellant shall sustain by such
refusall or delay as aforesaid the said party paying or securing
to be paid such respective Clerk his Just ffees for the same
according to Law.
And be it Enacted by the Authority Advice and Consent
aforesaid that all Appeals or Writts of Erro^r tryable before
the Governour and Councill if it so shall happen that the
former Judgment given shall be by the said Governour and
Councill affirm'd such a determination shall be finall and with-
out any further review unless such Judgment shall exceed the
sume of three hundred pounds sterl or the Sume of sixty
thousand pounds of Tobacco then and in every such Case the
party against whom such Judgment shall be given may appeale
to the Queen and Councill in England.
And be it further Enacted by the Authority Advice and
Consent aforesaid that all and every person and persons that
shall Conceive him or themselves releivable in Equity from
any Judgment given or obtain'd against him in the Provincial
or County Courts aforesaid shall exhibitt His bill and proceed
in Chancery before any Appeale be entred or prosecuted
before the Governour and Councill and not afterward and
that all such persons as conceive themselves greived by any
decree in Chancery shall be at liberty to exhibitt his prayer to
the Governour and Councill to review and examine the same
and that the Judgment Sentence or decree of such Court of
Review shall be finall as aforesaid unless as aforesaid the
originall Debt or damages exceed three hundred pounds sterl
or sixty thousand pounds of Tobacco as aforesaid then and in
every such Case to Appeale to the Queen and Councill as
aforesaid.

p. 83

And be it further Enacted by the Authority Advice and
Consent aforesaid that all appeals or Writts of Error allready
made and brought or hereafter to be made or brought before
the Governour and Councill shall and may be heard by the
said Governour and Councill out of Assembly time anything
in the same writt any other former Law or Practice to the
contrary notwithstanding.
And for that it may so happen that the Governour of this
Province for the time being may hereafter be concern'd in an
Appeale made or writt of Erro^r brought from the Judgment of
the Provinciall and County Court to the Governour and Coun-
cill aforesaid or be otherwise indisposed or absent.
Be it therefore Enacted by the Authority Advice and Con-
sent aforesaid That it shall and may be sufficient in every such
Case for the Councill only to Hear and determine such mat-
ters of Controversy whereof the first of the Councill in Comis-
sion being then present shall preside whose Judgment there-