American Colonial Government 1696 1765 a Study of the British Board of Trade
American Colonial Government 1696 1765 a Study of the British Board of Trade
O M Oliver Morton Dickerson
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648 This article was revised in 1753, and the clause con fining appeals to cases of error only was omitted. Al though the instructions on this point were the same to all the governors, no question arose as to their meaning until 1764. In that year Governor Golden of New York admitted an appeal from a judgment of an inferior court, which was founded upon the verdict of a jury. This was an extension of the right of appeal which neither the judges of the Supreme Court of New York nor the members o...f Colden s council were willing to admit; consequently they pro tested to the Board of Trade. 649 That body compared the clause in Colden s instruc tions with the earlier ones on the subject, and ren dered the following decision: We do conceive that the alteration was solely intended to avoid an ambiguity in the expression that might have ad mitted a doubt whether liberty of appeal did not extend to 648 Report of the Board of Trade on appeals from the New York courts, September 24, 1765, in New York Colonial Documents, vol.
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