Yorke noted that "Lord Chief Justice Willes said reasonings and argument 
for the appellant were all right and just but it was a safe decree to overrule 
demurrer," 135 obviously because the learned justice was not at all certain the 
provincial Chancery was capable of weighing reasons of law. In 1757, in the 
Virginia appeal of Dunbar v. Curtis, however, the appellants, with a hypocritical 
disregard of the highly developed technical practice in that province, 
considered it unnecessary that an executor be a party "in countries where the 
nicety of legal forms is not so well understood, nor the want of it, where not 
essential to the merits, ever held as an objection here, upon appeals from the 
plantations." 136 To this argument the Council turned a deaf ear, for judgment 
below was reversed for want of parties, with plaintiffs at liberty to amend 
their bill by adding proper parties. 137 In Arcedec\ne v. Hall, a 1758 Jamaica 
appeal, appellant prayed that if respondent attempted to avail himself of the 
exact forms of pleading in Westminster Hall 
it's hoped such an attempt will not succeed, in the present case, where strict forms 
are set up against essential justice; considering that, in the plantations, it is not possible 
to have such able assistance, as may be had here; and indeed, were the forms 
here, required to be strictly observed in the plantations, their proceedings would 
constantly be reversed, and a just creditor would never be able to recover his debt; 
for which reason, it has been often observed, that the solid right and justice of the 
case has, always, been endeavored to be got at, on appeals from the plantations. 138 
However, judgment was affirmed and the appeal dismissed. 139 
In 1765 we find an appeal taken from the overruling of a demurrer by the 
Jamaica Chancery Court in Bayly v. Ord. Here the respondent advanced that 
appeals from the plantations should not be tolerated on demurrers on point 
of form. 140 The Committee upon the hearing appeared to agree with respondent's 
contention, for the appeal was dismissed with £60 sterling costs. 141 
During the same year the appeal of Bayly v. Attorney General of Jamaica came 
before the Council, and respondent argued that appellant's objections in point 
of form "can have little weight here, and it is well known that strict forms 
of proceedings are not to be met with from the plantations and appeals from 
thence on such grounds are never countenanced, especially after a trial and 
a verdict given against the appellant on the merits." 142 The Privy Council 
135 Endorsement on Case of Appellant (Add. 
MS, 36,217/25-26). 
136 Case of Appellant, p. 6 (L.C., Law Div.). 
137 PC 2/105/534, 54°- 
138 Case of Appellant, p. 3. (L.C., Law Div.). 
ISS PC 2/106/28, 39. 
140 Case of Respondent (Add. MS, 36,219/ 
251). 
141 PC 2/111/287, 304. 
142 Case of Respondent (Add. MS., 36,219/ 
259). The objections in point of form were 
(a) no venue laid in the declaration; (b) no 
venire awarded, for several court days after 
issue was joined until the trial came to be had; 
(c) no continuance of the issue until that 
time.