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judgement_n case_n court_n plaintiff_n 3,427 5 9.9986 5 true
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A52926 Acts and laws, passed by the general Court or Assembly of His Majesties Province of New-Hampshire in New-England, begun and held at Portsmouth, on Monday the seventh day of August, 1699, anno regni Gulielmi Tertii, Angliae, Scotiae, Franciae, et Hiberniae Regis undecimo; Laws, etc. New Hampshire.; New Hampshire. General Assembly. 1699 (1699) Wing N645; ESTC R12151 10,157 9

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to time which said Courts shall have Cognizance of all Pleas and Causes as well Civil not under the value of Twenty Pounds except where Title of Land is concerned as Criminal as fully and amply to all intents and purposes whatsoever as the Courts of Kings Bench Common Pleas and Exchequer within His Majesties Kingdom of England have or ought to have and are hereby Impowred to give Judgment and award Execution therein and it shall be in the liberty of any Party Plaintiff or Defendant agrieved at any Judgment or Sentence given in the said Superiour Court to appeal therefrom unto the Governour and Council Appeal to the Governour and Council Provided the value appealed for exceed the Sum of One Hundred Pounds Sterling and that sufficient Security be given in manner as in and by this Act is before directed to prosecute the same and to pay such costs and damages as may be awarded in case the first Sentence shall be affirmed And it is hereby further Enacted and Ordained That in all Civil Causes to be commenced at the said Superiour Court of Judicature Appeal to His Majesty in Council where the matter in controversie exceeds the true value and Sum of Three Hundred Pounds Sterling it shall and may be in the liberty of the party agrieved to review the said Cause by a new Process out of the said Court once and no more and if either party shall not rest satisfied with the Judgment or Sentence of the said Superiour Court 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 Writs to issue forth of the Clerks Office That all Writs and Processes for bringing any Actions or Suits to Tryal in any of the Courts aforesaid shall be Summons Capias or Attachment and shall Issue out of the Clerks Office of the same Court under the Seal thereof and Signed by the Clerk and shall be directed to the Sheriff Under-Sheriff or Deputy For Tryals before a Justice to be granted by such Justice and Executed fifteen dayes 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 Iustice directed unto a Constable or Constables and to be Executed seven days before the day appointed for such Tryal to be returned to the Justice Reasons of Appeal to be filed in the Clerks Office And be it further Enacted That every 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 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 Power of Chancery in several cases 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 where the forfeiture or penalty of any Obligation with a Condition under-written or a penalty annexed to any 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 Justices of the Courts to be Sworn before the Governour or Commander in Chief or such as he shall appoint to be justly due thereupon within two months time after Judgment entred up for discharging of such Mortgage or Sale and that the Plaintiff recover possession of the Estate Sued for and Execution to be awarded for the same and the Justices of the said several Courts as well Superiour as Inferiour respectively shall take the Oath following to be Administre● 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 Oath YOU Swear That well and truly you shall Serve our Soveraign Lord the KING and His People in the Office of a Justice of the _____ Court of _____ And that you will do equal Law and Execution of Right to all people poor and rich after the Law 's 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 Duties of Excise c. An Act for continuing several Rates and Duties of Custom Excise Impost and Powder Money on Tonnage of Shipping WHEREAS in and by one Act of General Assembly of this Province 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 vp 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