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Whereas, by reason of the difficulties raised in this Colony through the wicked designs of the enemies of our liberties, an interruption took place in the administration of civil distributive justice in this Colony, and, by a necessary act of the General Court for the removal of all officers from their offices, many civil suits, which have been before commenced
It is Resolved, That all causes which were pending at the Superior Court in any of said Counties, and on which judgment has not been given, shall be brought forward at the next term of the said Court for each respective County, and the same proceedings had thereon as though such causes had been regularly continued to such term, from the term where the same were pending when such interruption took place. And in any causes appealed from any Inferior Court, and not entered at the Superior Court, by reason of said interruption, the Appellants may have liberty, if they see cause, to enter their said appeal at the next term of the Superior Court, to be holden in each respective County, as though the appeal had been originally to the same term. And if any Appellants shall neglect to enter their appeals, as aforesaid, the Appellees in such case may, if they see cause, enter their complaints, and the judgments of the Inferior Court shall be affirmed thereon, as though said complaints had been entered in due time: Provided, always, That no Execution or Writ of Possession shall issue on any judgment given in any of the cases aforesaid, until three months after such judgment; and where any causes were tried by a Jury, the Justices of said Superior Court, in such causes, shall, and in all others where it shall appear to them to be expedient, may continue the same, and cause the absent parties to be notified of the suits against them; and where any of the party shall be out of the County, and in the Continental or Colonial service, they shall have liberty to bring forward their suits at the next Superior Court held in said County after their return, and no action or complaint shall be entered against them while such person continues in said service, any law, usage, or custom, to the contrary notwithstanding.
For bringing forward causes which were pending in the Superior Court
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in the several Counties of this Colony, and were pending at the Superior Court, and other actions which had been appealed from the respective Inferior Courts in the several Counties, have not been prosecuted to final judgment, and much injury will happen if an adequate remedy is not provided: