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Colonial and State Records of North Carolina
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Instructions to the American governors concerning appeals to the King from inhabitants of the American Colonies
Great Britain. Privy Council
July 28, 1726
Volume 02, Page 637

-------------------- page 637 --------------------
[B. P. R. O. Proprieties. B. T. Vol. 31. P. 401.]
REPRESENTn WITH THE DRAts OF ADDITIONAL INSTRUCTIONS TO ALL HIS MAJESTY'S GOVERNOURS IN AMERICA, ABOUT SUSPENDING THE EXECUTION OF JUDGEMENTS OR DECREES IN CASES OF APPEALS TO HIS MAJESTY.

Vide Plantations General.

TO NORTH CAROLINA.

Additional Instructions to our Right Trusty and Rt Welbeloved the Lds Proprs of our Province of North Carolina in America or to the Govr Depy Govr or Commander in Cheif of our said Province for the time being: Given at our Court &c

Whereas upon Appeals which have been made to us in our Privy Council, in Cases of Error from the Courts in several of our Colonies & Plantations in America, in Civil Causes great Inconveniences have frequently arisen by the immediate issueing of Executions notwithstanding such Appeal unto Us, where the Appealee has become insolvent or hath withdrawn himself & his Effects from such Colony or Plantation, before our Pleasure could be known on such Appeal & our Orders for reversing the Orders and Decrees appealed from and for making Restitution of the Estates or Effects which have been so levy'd in Execution have been rendered ineffectual, and the Appelant left without any redress; Now for preventing the like Mischief for the future, it is our Will and Pleasure that Execution be suspended until the final Determination of such Appeal unless good & Sufficient Security be given by the Appealee to make ample Restitution of all that the Appellant shall have lost by means of such Judgement or decree, in case upon the Determination of such Appeal, such Decree or Judgement should be reversed & Restitution awarded to the Appelant.


July 28th 1726.