1737, it was objected before the Governor and Council that this regulation exceeded 
the royal instructions, which mentioned only security "to answer such 
charges as shall be awarded" in case of affirmance. The provincial Council, 
agreeing with this contention, ordered that the August 20, 1734, regulation be 
vacated and reversed and that the January 27,1724/5, order be revived. To prevent 
delays or vexatious appeals, it was further ordered that all writs of error 
be returned one month after issuance or otherwise they should stand nonprossed 
and the respondents should be free to take out execution as if no such 
writ had issued. 277 July 4,1738, saw the issuance of an order that for the future 
in all cases of appeal depending before the Court of Errors the attorneys or 
solicitors on each side should immediately after the cause became ripe for 
hearing deliver to the clerk of the court, for the perusal of the governor, the 
members of the Council and the judges, a brief state of their respective clients' 
cases, containing the chief points debatable, the weight or importance of the 
cause, and what was chiefly insisted on as the merits of it in their respective 
clients' favor. 278 
On February 4,1746/7, a codification of the rules enunciated at various times 
occurred, resulting in the promulgation by the Court of Errors of ten rules 
governing appellate procedure. To procure a writ of error it was necessary 
not only to make affidavit as to the instructional minimum involved but also to 
have two sufficient sureties enter into a bond payable to the crown in the penal 
sum of conditioned to obey all rules and orders of the court made in the 
cause and to answer such costs and charges as should be awarded in case of 
affirmance. Appellant was to return the writ of error and a transcript of the 
judgment appealed from to the clerk of the Court of Errors within one month 
of notice of entry of judgment; such entry was to be made within three months 
after issuance of the writ of error. Within fourteen days after return of the 
writ of error and the record, certified copies were to be given to the parties, 
and then within fourteen days of delivery thereof the appellant was to file 
his assignment of errors and allegations of diminution. The respondent was 
to plead to or to join in such assignment of error in such time as should be 
ordered. Further regulations covered certiorari in case of diminution alleged, 
further writ of error after a non prosequitur, delivery of states of the respective 
cases to members of the court, payment of filing fees, certiorari to the Supreme 
Court judges to acknowledge their seals, and delivery of bills of exceptions. 279 
These were not mere book rules, for failure to assign errors within the time 
thus limited was frequently invoked to effect dismissal of writs of error. 280 
277 13 MS Mins. Jamaica Council, sub July 6, 
1737- 
Report Commission of Enquiry into Administration 
of Criminal and Civil Justice in West 
Indies (1827), 275-76. 
278 1 MS Jamaica Court of Errors Proceedings, 
sub July 4, 1738. 
280 See Rom v. Rex (Nov. 3, 1747; 2 MS 
Jamaica Court of Errors Proceedings 32); Jack- 
279 These rules are set out in extenso in First