Right. 81 But appeal by immediate application to the King in Council was 
also regarded as a procedural possibility. 82 In the province of West New 
Jersey there was a judicial lag, and the first regulation of appeals to England 
was made in 1699. 83 
In Bermuda the Governor and Council acted as a court of chancery in causes 
over sterling by virtue of a 1691 act. From this court, parties might take 
an appeal to the King in Council if application were immediately made in 
court; not otherwise. Appellant was to give in sufficient security within ten 
days to prosecute the appeal with effect within the twelve months following 
the ten-day period or to pay treble damages to the party aggrieved, the casualties 
of the seas and other inevitable dangers only excepted. This chancery 
court also exercised appellate jurisdiction in any matters criminal and civil 
determinable in the General Assizes, but the statute is obscure as to the right 
of further appeal to England in these cases. 84 By a 1694 act appellants to the 
Governor and Council were to prosecute appeals within thirty days after 
application therefor by filing bills in the Secretary's Office. 85 
A 1694 Maryland act for appeals and regulating errors provided for an 
"appeal" or for writ of error to the Governor and Council from any Provincial 
Court judgment wherein the original debt or damages exceeded sterling 
or 20,000 pounds of tobacco. Security provisions were the same as governed on 
appeal from the County Courts to the Provincial Court. Any persons aggrieved 
by any Chancery Court sentence, subject to the same minimum as at law, also 
81 Learning and Spicer, op. cit., 272-73. The 
act declared that in any suit in the Court of 
Common Right where an appeal was taken to 
the King or Council Board by the defendant 
and not prosecuted according to security given, 
such appeal should be adjudged as taken for 
vexation and delay only. Appellant therein 
should be incapable of bringing or exhibiting 
any bill or suit in the Chancery of the Court 
of Common Right against plaintiff in such 
action, but execution should issue on the 
judgment appealed from without delay. Proviso 
was made that if security should be given for 
prosecuting the appeal or for not committing 
waste, the appellant or his security were 
to be at liberty to apply to Chancery for 
relief in equity against the penalty of the 
bond. 
82 In November, 1687, the Board of Proprietors 
considered the advisability of an appeal 
to the King in Council from a judgment in 
ejectment involving proprietary rights. "Upon 
consideration its the cense of this Board that 
an appeale bee not desired to the King and 
Council ... for that the Proprietors may at 
any time obtain a mandamus to have the 
Record before the King and Council there to 
be reheard" (Edsall, op. cit., 95). 
83 The 1693 Act for a Court of Appeals 
(Learning and Spicer, op. cit., 517) made no 
provision for appeals to England. The 1699 
Act for Provincial Judges {ibid., 563) provided 
that the General Assembly be the supreme 
judicial body unless an appeal be demanded 
to England; in the latter case the appellant 
was to find sufficient security to prosecute the 
appeal within eighteen months and to pay 
the costs of court from which the appeal was 
taken and to abide the judgment of said court 
until reversal. In 1684 Samuel Cole was denied 
an appeal to England by the court at Burlington 
(The Burlington Court Boo\ of West Neu/ 
Jersey, 1680-iyog [1944; ed. by H. C. Reed 
and G. J. Miller]). Later, appeals were granted 
to the General Assembly, although "the Court 
say though they find noe law for it in the 
book of Assemblies Acts" (ibid., 141). 
84 Acts of Assembly of Bermuda, i6g0'713/4 
'713/4 (i7!9)> 18-20. 
85 Ibid., 35.