
    Watts vers. Hasey.
    In an appealed Action upon a Mortgage, Judgment for the Mortgagee is conditional, reserving two Months, according to Prov. St. to
    W. 3, although the Case was defaulted in the Inferiour Court, and two Months have elapsed since the Judgment appealed from.
    WATTS sued Hasey upon a Mortgage, and Hasey was defaulted at the lower Court, but appealed. Judgment was entered up in the Inferiour Court, agreeable to the Province Law, 10 Wm. 3, () referving two Months.
    
      Mr. Kent
    
    now brought a Complaint, praying that, as the two Months had already been allowed, Execution might issue in twenty-four Hours after Judgment. He urged, that in the Province Law the Words were, “ in all Cases brought for Tryal in the Superiour Court,” &c. Now, he said, this Action was not brought for Tryal; for it was defaulted in the Court below, and therefore could not be try’d now. Besides, if Execution did not issue
    
      1765.
    till the Expiration of two Months, the Stamp-Act would take Place, and then Execution could not be had at all. Moreover, as the Equity of the Law had been satisfy’d, he prayed that Custom might not bar him, which had prevailed, because never before asked to be altered, and never before a like Reason for granting such a Request.
    
      The Justices, Oliver, Russell, Cushing & Lynde
    
    said, the Usage had been uninterrupted, and the Construction of the Law thereby established; therefore they would make no Innovation.
    
      
      (1) Anc, Chart. 324.
    
   Ch. Justice.

All Cases brought to this Court are certainly brought for Tryal, let them come up how they will. Nolumus mutare Leges Anglio.  