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Proceedings from June 5 to July 6


An Act to abolish the Court of Appeals in this Colony, and to empower the Superior Court of Judicature to sustain and determine all matters pending in said Court of Appeals, and to prevent the absurd practice of granting appeals to the King of GREAT BRITAIN in Council from judgments of any Courts in this Colony in future.

Whereas the granting such a multiplicity of appeals from Court to Court and trials consequent thereupon as hath been heretofore practised within this Colony hath been found to promote litigation, protract suits, and increase the charges thereof, rather than to serve the ends of justice in this Colony: And whereas the allowance of appeals in any cases to said Court of Appeals or to the King of Great Britain is depriving the people of this Colony of their great, inestimable, and inherent right of trial by jury, and opening a door for arbitrary decisions of their property, even in the causes of the greatest moment: Therefore,

Be it enacted by the Council and House of Representatives for said Colony, in General Court assembled, That the said Court of Appeals heretofore held in this Colony shall be, and hereby is, totally abolished, and that no appeal heretofore granted by the laws of this Colony to the said Court of Appeals or to the King of Great Britain in Council from the judgment or sentence of any Court whatever in this Colony shall be granted; and that all appeals from any sentence of any Judge of Probate for any County in this Colony, which heretofore might by the laws thereof be granted to said Court of Appeals, shall for the future be granted only to the Superior Court of Judicature next to be holden for the same County wherein the same appeal may be granted, which said Superior Court shall hear and finally determine all causes and matters as may be brought before them by appeals from any Court of Probate within this Colony.

And be it further enacted by the authority aforesaid, That all appeals heretofore granted to, and matters now pending in, said Court of Appeals, may and shall be sustained, heard, and determined by the said Superior Court in the County where the action or appeal originated. All causes and matters now pending before said Court of Appeals by appeals from the Superior Court heretofore held in this Colony, may be brought before the Superior Court of Judicature established in this Colony, by writ of review, any time within three years from the passing of this act; and all causes or matters now pending in said Court of Appeals by appeal from any Court of Probate in this Colony may, and shall be, brought before the last-mentioned Superior Court, by entering the appeal there any time within two years, in the same manner as if it had been first granted to that Court.