either upon the first Tryal, or upon the Review, such party may appeal therefrom unto His Majesty in Council. Provided the matter in difference exceed the true value and Sum of Three Hundred Pounds Sterling, and that such Appeals be made, within fourteen days after Sentence given; And that Security be likewise given by the Appellant, to answer such Charges as shall be awarded, in case the first Sentence shall be confirmed. And be it further Enacted by the Authority aforesaid, That all Writs and Processes for bringing any Actions or Suits to Tryal in any of the Courts aforesaid shall be Summons, Capias Writs to issue or Attachment, and shall Issue out of the Clerks Office forth of the of the same Court under the Seal thereof, and Signed Clerks Office. by the Clerk, and shall be directed to the Sheriff, Un der-Sheriff or Deputy, and Executed fifteen days before the day of the Courts Sitting, and to be returned to the Court from whence the same Issued. Writs or Processes for Tryal before a Justice of the Peace, to be granted by such Justice, fore a Justice to For Tryals bedirected unto a Constable or Constables, and to be be granted by Executed seven days before the day appointed for such such Justice. Tryal, & to be returned to the Justice. Reasons of Appeal to be filed in the Clerks And be it further Enacted, That any person appealing from any Judgment or Sentence given in any of the Courts aforesaid, shall file a Declaration in the Clerks Office of the Court appealed from, therein briefly assigning the Errors in such Judgment fifteen days at least before the day of the Sitting of the Court appealed unto. And if the Office. Appeal be made from a Sentence or Judgment given by a Justice of the Peace, such Declaration shall be filed with the Justice by the like time. cery in several And be it further Enacted by the Authority aforesaid, That as well the Justices of the Inferiour Court of Common Pleas, as the Justices of the Superiour Court of Judicature respectively; Power of Chanwhere the forfeiture or penalty of any Obligation with a Condition underwritten, or a penalty annexed to any Cases. Articles, Agreement, Covenants, Contracts, Charter party or other Specialty or Forfeiture of any Estate granted upon condition, executed by Deed of Mortgage or Bargain and Sale with defeazance, shall be found by Verdict of Jury, or by default or confession of the Obligor, Mortgager or Vender, are hereby Impowred and Authorized to moderate the Rigor of the Law. And on consideration of such Cases according to equity and good Conscience to Chancer such Forfeiture, and to enter up Judgment, for the just Debt and Damages, and to award Execution accordingly, only in real Actions upon Mortgage, and Bargain and Sale, with defeazance, the Judgment to be conditional, that the Mortgager or Vender, and his Heirs Executors or Administrators do pay unto the Plaintiff such Sum as the Court doth determine, to be justly due thereupon within two months time after Judgment entered up, for discharging of such Mortgage or Sale, and that the Plaintiff recover posJustices of the Courts to be session of the Estate Sued for, and Execution to be Sworn before awarded for the same; and the Justices of the said sevthe Governour eral Courts as well Superiour as Inferiour respectively, or Commander shall take the Oath following, to be Administred to each of them by the Governour, or in his absence by the Commander in Chief for the time being, or such as shall be by him thereto appointed. That is to say, YOU Swear, That well and truly you shall Serve Lord the KING and His People in the Court of in Chief or such as he shall appoint. Oath. tice of the our Soveraign Office of a Jus"And that you will do equal Law and Execution of Right to all people, poor and rich, after the Laws in force within this Province, and Usage within the same, and in such cases, as the Law doth specially provide to be relieved in equity, there to proceed according to equity and good Conscience, without having regard to any person whatsoever. So help you God. Any Law, Usage or Custom to the contrary in any wise notwithstanding. An Act for continuing several Rates and Duties of Customs, Excise, Impost and Powder Money on Tonnage of Shipping. WHEREAS in and by one Act of General Assembly of this Prov ince made and past in the Fourth Year of the Reign of KING William and Queen Mary, Entituled, An Act for defraying the Publick Charge of the Province, there was given and granted unto their said Majesties several Duties of Impost, Excise and Tonnage of Shipping in the said Act particularly enumerated and set down; which said Duties have been and are continued by Acts since made, until the fifth day of November next ensuing, at which time they will expire, unless revived by an Act of this Assembly. Be it therefore Enacted by His Excellency the Earl of Bellomont Governour, Council and Representatives Convened in General Assembly; And it is hereby Enacted and Ordained by the Authority of the same, That from and after the fifth day of November next ensuing, the several Rates and Duties set upon all Wines, Liquors and Merchandizes that shall be Imported into this Province, and all Duties of Tonnage and Excise in and by the said former Act of Impost and Excise, Custom and Tonnage Money, be, and are hereby continued to be paid as in and by the said Act is directed for and during the space and time of one year: That is to say, until the fifth day of November, which will be in the Year of our Lord, One Thousand and Seven Hundred. And the Money arising thereby to be applyed towards the Support of this His Majesties Government. FINIS. |