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this dominion may be corrected and amended, Be it further enacted, by the authority aforesaid, That where any person or persons, bodies politic or corporate, shall at any time be aggrieved by the judgment, decree, or sentence, of any other court of record of this colony, in any action or suit whatsoever, where the debt or damages, or other matter recovered in such action or suit, exclusive of the costs, shall exceed ten pounds current money, or two thousand pounds of tobacco, or the value thereof, or where the title or bounds of lands shall be drawn in question, it shall be lawful for such party or parties to enter an appeal from such judgment, decree, or sentence, to the general court, Rules in apand to assign error in manner following, and not otherwise: that is to say, upon an appeal in any personal action or suit, where the judgment or decree shall not exceed twenty pounds current money, or four thousand pounds of tobacco, the appellant shall assign error in matter of right only; and if upon a hearing in the general court, such judgment or decree, shall appear to be according to the right of the cause, the same shall be affirmed, notwithstanding any mispleading, or error in matter of form.

And where the judgment or decree, shall be for more than the sums last mentioned, and not exceed fifty pounds current money, or ten thousand pounds of tobacco, the appellant may assign error in matter of right, and such errors in the form or manner of the proceedings, as were insisted upon in the court from whence such appeal shall be made; and if such errors shall not appear sufficient to reverse the judgment or decree, the same shall be affirmed.

And in all personal actions, suits in chancery, informations, or other controversies of greater value than fifty pounds current money, or ten thousand pounds of tobacco, and in all real actions, of what value soever, the appellant may assign any errors of form or substance.

1

peals.

clared in force.

And that for prevention of delay by arresting judg- Statutes of ments, and vexatious appeals, the several acts of par- jeofails, deliament, commonly called the statutes of Jeofails, now in force and use in England, shall be, and are hereby declared to be, for so much thereof as relates to any imspleading, jeofail, and amendment, in full force in this dominion also.

Damages up.

That where the defendant in any personal or mixon appeals. ed action, or suit, shall appeal, and upon trial the judgment or decree is affirmed, the damages shall be fifteen per cent. upon the principal sum and costs, recovered in the county or inferior court.

No appeal, or superse deas to be granted in any cause, under 101.

And in any real action, the damage shall be two thousand pounds of tobacco, over and above all costs, charges, and damages, awarded by the inferior court.

And where the plaintiff or demandant appeals, and the judgment or decree shall be affirmed, such appellant shall pay to the appellee, fifty shillings, or five hundred pounds of tobacco, besides all costs accruing on such appeal.

And that no appeal shall be valid, nor any writ of supersedeas, granted or allowed, for reversing any judgment or decree of any county court, or other inferior court, in any action o suit whatsoever, where the debt, damage, or other matter recovered, shali be current mo- of less value than the aforesaid sum of ten pounds tobacco, ex- eurrent money, or two thousand pounds of tobacco, clusive of exclusive of costs, unless in such suit the title or bounds costs. Ex- of lands shall be in question: nor shall any appeal, writ of error, or supersedeas, be granted or allowed until a final judgment or decree shall be given in the land is ques- county court, or other inferior court.

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Method of

suing forth

writs of er

ror, and supersedeas.

XXVI. And to the end that all writs of superseNor before a deas, may be regularly obtained and issued, Be it furfinal judg ment or de- ther enacted, by the authority aforesaid, That the party cree. praying such writ or writs, shall petition the governor or commander in chief, for the time being, and the rest of the judges of the general court, and assign error, and some attorney, practising in the general court, shail certify under his hand, that in his opinion sufficient matter of error is set forth, or shewn, by the petitioner; and thereupon the governor or commander in chief, and two other of the judges, may order such writ or writs to be issued, by the clerk of the general court, or may reject the petition, as they think fit; and upon granting any such writ or writs, and before issuing thereof by the clerk, such petitioner shall give bond and security in the secretary's office: which bonds shall be under the like penalties and conditions, and the parties subject to payment of the like damages and costs, as in cases of appeal.

Judgment.

And if upon trial of any appeal, writ of error, or supersedeas, the judgment or decree of any county

court, or other inferior court, shall be reversed, the general court shall enter such judgment, or make such decree thereupon, as should have been entered or made in the inferior court.

XXVII. Provided always, That no writ of error to a judgment, obtained in any county or other inferior court in this colony, shall be granted or sued out of the secretary's office but with leave of the general court on a motion for that purpose, and on giving bond and security in the same manner as is herein directed, on suing out a writ of supersedeas.

XXVIII. Provided also, That ten days notice be given to the adverse party of such motion.

sued forth.

XXIX. And for settling a method of obtaining Certiorari, writs of certiorari, to remove civil causes from the how to be county courts, or other inferior courts, into the general court, Be it further enacted, by the authority aforesaid, That the party desiring such writ or writs, when the general court is not sitting, shall, by petition to the governor, or commander in chief, for the time being, and the rest of the judges of the general court, set forth the reasons of his desiring such writ or writs, and shall make oath, before a magistrate, to the truth of the allegations of his petition; and then the governor and any other two of the judges may, under their hands, order and award such writ or writs to the party praying the same, or may refuse such writ or writs, according as the matter shall appear to them just and necessary, or not: And the clerk of the secretary's office shall carefully file such petition and affidavit in the office, and shall also take bond from the petitioner, in such penalty as shall be directed by the governor and judges ordering and awarding such writ or writs, and with one or more sufficient security or securities, for satisfying and paying all such sum and sums of money, or tobacco, and costs, as shall be adjudged to the adverse party, in the cause or causes so to be removed; and thereupon the clerk shall, and may issue such writ or writs, but not otherwise.

oath.

And if any person making oath to the truth of the Punishment of the party allegations of his petition, as aforesaid, shall take a false oath, and be thereof convicted, he shall be ad- taking a false judged guilty of perjury, and suffer as a person convicted of wilful and corrupt perjury: Provided always, That the prosecution of such offence be commenced within twelve months after the offence committed.

This writ

any matter

And that no writ or writs of certiorari whatsoever shall not be shall be granted where the matter in dispute shall not granted in be originally cognizable in the general court: And if not original- any cause or causes be removed, or stayed, by any ly cognizable such writ or writs, and afterwards the same cause or in the gene- causes shall be remanded or sent back again, by any ral court:cau- writ of procedendo, or other writ whatsoever, such

ses reman

ded, shall

cause or causes shall never afterwards be removed or not be remo- stayed before judgment, by any writ or writs whatsoved before ever; to be sued forth from the general court or secretary's office.

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Notice to the And to prevent the obtaining any writ of certiorarı, adverse par- by surprize, the party praying such writ, in any civil ty.

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cause, shall give notice to the adverse party, of the time of his moving or petitioning for such writ, at least ten days before such motion or petition; and no such writ shall at any time be granted without producing an affidavit of such notice.

XXX. And be it further enacted by the authority aforesaid, That where any person shall be committed, in any civil action, to the goal of any county or corporation, for any cause or matter cognizable in the general court, it shall and may be lawful for such person to sue out an habeas corpus cum causa, to remove his or her body to the public general court prison, and the cause of such commitment into the general court; and the clerk of the secretary's office, is hereby authorised and required, upon the application of any such prisoner, to issue such writ accordingly.

XXXI. And for relief of insolvent debtors, who they may be shall be taken or committed in execution on judgments discharged. obtained in the general court, Be it further enacted, by

the authority aforesaid, That when any person or persons now is, are, or hereafter shall be committed to the public prison, for debtors in execution, in any suit commenced or prosecuted in the general court of this colony, and shall have remained in prison by the space of twenty days, it shall be lawful for any judge or judges of the said court, by a warrant under his or their hands and seals, to command the goaler or keeper of the said prison to bring before the judges of the said court, if sitting, or if not, before any two judges of the said court, at a certain time and place therein to be appointed, the body or bodies of such person or persons so in prison as aforesaid, together with a list of the several executions with which he, she, or they,

is or are charged in the said goal, which warrant such goaler is hereby required to obey, and notice thereof shall be given to the party or parties, his or their executors, administrators, or agents, at whose suits such prisoner or prisoners is, are, or shall be in execution; and every such prisoner coming before the said court or judges, as the case shall be, shall subscribe and deliver in a schedule of his whole estate, and take the same oath as is prescribed by the act of General Assembly, made in the twenty-second year of his present majesty's reign, intituled, An act declaring the law concerning executions, and for relief of insolvent debtors; which schedule being so subscribed, is to remain with the clerk of the general court, for the better information of the creditors of such prisoner or prisoners:

XXXII. And be it further enacted, by the authority How their 'aforesaid, That all the estate contained in such sche- effects to be dule, for such use, interest, right, or title, as such pri- disposed of. soner or prisoners hath or shall have in the same, and which he, she or they may lawfully depart withal, shall be vested in the sheriff or sheriffs of the county' or counties wherein such estate shall lie or be found, to whom the clerk of the general court shall transmit a copy or copies of such schedule; and such sheriff or sheriff's respectively is, and are hereby required, to sell and convey the same estate to any person or persons, for the best price that can be got for the same; and to return accounts of such sales to the clerk of the general court, and pay the money arising thereby to the said clerk, to be by him paid to the creditor or creditors in proportion to the amount of their debts, at whose suit such prisoner or prisoners is, or shall be imprisoned: saving to every such prisoner or prisoners his, her, or their necessary apparel and utensils of trade; and after delivering in such schedule, and taking such oath, such prisoner or prisoners shall be discharged, by warrant from the said court or judges, and the goaler indemnified, in the same manner as by the said herein before mentioned act of Assembly is directed, in case of insolvent debtors discharged by a county court.

XXXIII. And be it further enacted by the authority Persons in aforesaid, That when any person or persons shall be execution issued out of getaken in execution, on process issuing out of the the general neral court, and shall be committed to the goal of any court, may county in this colony, the same method shall be pur- be discharg

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