Execution, until Writ of Error sealed and no Writ of Error shall be deemed a Stay of Execution, or a Supersedeas to No Writ of Frror to Execution until the same shall be so lodged there; and a Writ or Error, stay or supersede so sealed and lodged, at any Time, within Fourteen Days after Judgment, lodged; and shall, if no Execution shall be then issued, prevent and stay the issuing lodged within 14 thereof, and if such Execution shall have issued and be not executed, with days after Judg Effect, such Writ, so lodged and sealed, shall, on Notice of the allowance ment, to stay or su thereof to the Marshal or Deputy Marshal, be a Supersedeas to such Execution, persede Execution. transcript of within the 8 ed, Execution may taken out. rors to be signed by And be it also further enacted, by the Authority aforesaid, That, imme- Clause VI. diately upon lodging such Writ of Error, in the Secretary's Office, the Se- Secretary to make a cretary, for the Time being, without any Rule, Order or further Direction, Record. shall make out a Transcript of the Record, at the Charge of the Party or Parties, suing such Writ of Error, and the Plaintiff or Plaintiffs in Error Plaintiffs, to assign shall be obliged to assign Errors, under the Hand of his or their Counsel, Errors, days after Return of in the Secretary's Office, before the Expiration of Eight days, after the the Writ. Return of such Writ of Error, whether the Transcript of the Record be then made or not, unless a further Time shall be given, by the Court of Errors, for assigning Errors; And, if no Assignment of Errors shall be made, in If no Errors, assignEight days, or at the Expiration of such further Time as shall be given by be the Court of Errors, for that purpose, Execution may be taken out by the Defendant in Error, as if no Writ of Error had been brought, because the Records being all lodged in the Secretary's Office, they may be there always seen, and Errors thereon can as well be assigned as though they were all transcribed, and all such Assignments of Errors shall be signed by some Assignments of Er. Counsel qualified to practice in the Court of Common-Pleas; and, after the counsel. Record is transcribed, the same shall be brought, by the Secretary or Deputy Secretary, forthwith to the Chief Justice of the Court; or if he should Secretary to carry be sick or absent, to the next Senior Justice, who shall certify the same, Justice who shall under his Hand, at any Time before or on the Day of the Return of the certify the same. Writ of Error, and not after on that Writ; And, in case the Record shall If Record is not not be so transcribed and certified, at the Return of the Writ of Error, that Return of the Writ, Writ shall be quashed, with Costs, and not be a Supersedeas to Execution, quashed. any longer than the Return Day thereof; And the Secretary or Deputy Secretary to draw Secretary shall get such Record, so certified, with the Assignment of Errors have them ready, at out Proceedings and and all the subsequent Pleadings and Proceedings on the Writ of Error, Court of Errors." drawn out and have the same ready, at such Court of Errors as shall be appointed for the hearing and determining of the Errors in that Cause, and there shall be no discontinuance, loss, or abatement of any Writ of Error, No discontinuance by Reason of the Court of Errors not being held, at any particular day, that or abatement, by shall or may be appointed to hear and determine Errors, but the same may being held. be heard and determined, at any Day, after the Day first appointed. Transcript to Chief transcribed, at the the same to be reason of Court not Writs of Error may And be it also enacted, by the Authority aforesaid, That, all Writs of Clause VII. Error, wherein there shall be any Variance, from the original Record or be amended. other Defect, may and shall be amended and made agreeable to such Record, by Rule or Order of such Court of Errors, and where Verdict has been or shall be given, in any Action or Suit, in the Court of Common Pleas stayed or reversed or Exchequer, the Judgment thereupon, shall not be stayed or reversed, for Judgment not to be any Defect or Defects, either in Form or Substance in any Bill, Writ origi- for Defects, in Form nal or judicial, Want of Warrant of Attorney, or for any variance, in such or Substance. Writs, from the Declaration or other Proceedings. Secretary liable to the Benefit thereof And, to prevent delays happening on Writs of Error, for want of speedily Clause VIII. transcribing the Record, Be it further enacted, by the Authority aforesaid, pay Costs, if Writ of That if it shall appear to the Court of Errors, that any Writ of Error, hath Error quashed, or been quashed, or the Benefit of the same hath been lost to the Party or Lost to the party, Parties who sued out the same, through the delay or neglect of the Secre- from Delay or Negtary or Deputy Secretary, the Court may, and is hereby empowered, to award such Costs against the Secretary or Deputy Secretary, for such delay or neglect, as shall be reasonable, to be paid to the party injured, and to be levied on the Secretary or Deputy Secretary, with such Fees as are or shall lect of theSecretary. be allowed by Law, for levying Executions; which award of Costs shall be in the Form of an Execution, tested in the name and signed by the Person who shall be presiding in the said Court of Errors and under his private Seal, directed to the Marshal or his Deputy, for the Time being, and ordering him to levy the amount of the Costs, so awarded, with the Fees; and the effects, levied on, shall be sold, in the same manner as in Cases of Execution levied in the Court of Common Pleas; and, in default of sufficient Effects, such Secretary or Deputy Secretary shall stand committed, in close custody, until such Costs are paid as the Court shall have awarded, with the subsequent Costs as aforesaid: Provided nevertheless, that the SecreSecretary not liable to Costs unless Writ tary or Deputy Secretary shall not be liable to Costs, unless the Writ of of Error be lodged, Error was lodged in his Office, at least Fourteen Days before the Return 14 Days before the Return thereof. thereof, Proviso. Clause IX. And be it also enacted, by the Authority aforesaid, That, within Three Plaintiff to give No- days after filing the Assignment of Error, the Plaintiff in Error or his Counof Error, within 3 sel, shall give Notice thereof, in Writing, to the Defendant in Error or his days after filing the Counsel, who shall join in Error or Plead thereto, or to the Writ, or De tice of Assignment same. Error, plead,demur, after Notice. Dimi ing in Nullo est Erratum. alleged, Secretary mur, or allege diminution, within Fifteen Days next after such Notice, if the Writ of Error be then returnable, and the Record transcribed and certified; and if such Writ be not returnable, in such Fifteen Days, after noDefendant to join in tice given of such Assignment of Errors, then such Defendant shall join in or allege Diminu. Error, Plead, Demur, or allege diminution, within Fifteen Days after the tion within 15 days return of the Writ of Error; but Diminution may not be alleged, after pleadnution not to be al- ing, in Nullo est erratum. And in case Diminution be alleged, then the Secreledged after plead- tary shall, immediately, without further Certiorari, Writ or Order, inspect the Record; and if there be a Diminution, he shall, without further Writ, In Case Diminution Certiorari, or Order, make out the part of the Record then omitted, and the to inspect the Re- Chief Justice, or in case of his sickness or absence, or being a party to the cord, and, if there be a diminution, to Suit, the next Judge of the Court of Common Pleas attending shall certify make out the part the same immediately, upon application made to him, and producing the ted, and Judge to same, under the Secretary's hand: But, if the Secretary shall find the Recertify the same cord was at first fully certified, he shall, within Fourteen Days next after was, at first, fully such Diminution alleged, certify, under his Hand on the Record, that the certified, Secretary, Record was before fully transcribed and certified, not in any Thing dimincertify the same and ished, and, thereupon the Defendant in Error shall in Fifteen Days after Defendant to plead, demur, or join in that plead to the Errors assigned, or to the Writ, or Demur, or join in Error, in 15 days, Error, as he shall be advised, and shall pay Seven Pounds Current Money of Grenada Costs for the Delay. of the Record omit but if the Record within 14 days, to and pay £7 Costs Clause X. the Cause down for or delay, Plaintiff to And be it also enacted, by the Authority aforesaid, That, where Matters ripe for Argument, are at issue, or ripe for Argument, in the Court of Errors, either party may either party may set set the Cause down, for hearing, and may apply to the Commander-inhearing, apply to fix Chief or Person commanding in the Island, for the Time being, to fix a a Day, and give 15 Day for holding the Court, and for hearing the Cause argued, and may days Notice. serve the other party, his Counsel or Attorney, with a Notice, instead of Scire facias, to hear Errors, which Notice shall be served at least Fifteen Days before Errors are to be argued, and then, or as soon after as Counsel can be heard by the Court of Errors, the Cause shall be argued; And In case of neglect in Case of Neglect or Delay in the Plaintiff in Error, the Court may be non-suited, and order him to be non-suited; and if the Defendant in Error make Default, if Defendant make the Court, after due proof of the service of the Notice, may examine the examined ex parte. Errors ex parte, and give such Judgment thereupon as they shall think just. And be it also enacted, by the Authority aforesaid, That, where any When Error in fact Error in fact is assigned, and issue thereon joined, the Court of Errors, hereby established, may and shall issue a Writ directed to the Marshal, at Writ to the Mar- the expence of the Plaintiff in Error, to summon a Jury to try such Issue, Jury to try the issue. Which shall be proceeded on, in all respects, as in the case of a Writ awarded for enquiring of Damages, as hereinafter directed, and Judgment shall be given thereon by the said Court of Errors as shall be just, upon the facts found by such Jury. Default, Errors to be Clause XI. is assigned, the Court to issue 8 shal to summon a nesses may issue on to be further fine under £10. And be it also enacted, by the Authority aforesaid, that Subpanas shall clause XII. and may issue and be served, by the Marshal or Deputy-Marshal, on Wit- Subparnas for Witnesses to attend and give Evidence, on enquiry of Damages or Trials of Enquiry of Damages Issues, on Errors in fact, which Subpoenas shall be made out, by the or Trials of issues. Secretary, tested in the name of the Person presiding in the Court of Errors; and any Witness, not attending after due service of such Sub- Witnesses not atpana made, in such manner as Subpoenas are directed to be served on to the Costs of the tending to be liable Witnesses summoned to attend, in the Court of Common Pleas, shall be Party injured and liable to the costs of the party injured, proof on oath being first made that able in any sum not the evidence of such Witness so refusing or neglecting to attend, was exceeding £50 nor material in the Cause; and such Witness shall further be fineable in any sum, not exceeding Fifty Pounds nor under Ten Pounds current money of Grenada, to the use of His Majesty, his Heirs and Successors, to be paid into the public Treasury of this Island, for the public uses of these Islands, and he may be taken and brought in by attachment, to be issued in Attachment to issue Court or out of Court, under the Crown of the Great Seal or the Hand and Private Seal of such Person so presiding in the said Court of Errors, directed to the Marshal or his Deputy, and shall and may be committed until both costs and fine be paid, or he be otherwise discharged, upon hearing by the Court of Errors; and the Court may, if they shall see Court may award a cause, on request of the party, and on payment of reasonable costs to the new enquiry or trial other party, award a new enquiry or trial of the Issue, as the case may be. for the fine, of the issue. Executors, Admi give Security, ex England they are obliged to Securityrequired or tion popular, when quashed. &c. Court sum for costs, or or And be it also enacted by the Authority aforesaid, That no Executors, Clause XIII. Administrators or Guardians, shall be obliged to give Security, on a Writ nistrators or Guar of Error, except in such cases, where, by the Law of England, Executors dians not obliged to Administrators or Guardians are obliged to give Security, nor shall any cept where by the Person be bound to give Security on a Writ of Error brought on any Law of Penal Law or any Action Popular; yet, nevertheless, the said Court of Errors give Security. N may give costs only on the affirmance of any Judgment, either on any Writ of Error on a Penal Law or Action popular, so as it be not against an Executor or Ad- penal Law or Acministrator; and in all cases where a Judgment shall be affirmed on a Judgment aflirmed Writ of Error, or any Writ of Error shall be quashed or discontinued, or or Writ of Error the Plaintiff non-suited, except in cases, hereby excepted; the said Court may award a gross of Errors is hereby impowered to award any gross sum or sums for costs, der the Secretary to or to order the Secretary to tax costs, at the discretion of the said Court, tax costs, and may and also to give damages, to be enquired of by a Jury; and, for better give damages to be assessed by a Jury. information what damages are proper to be given, the said Court shall and Writ of Enquiry to may award a Writ of Enquiry to the Marshal or his Deputy, to summon a 14 Days. Jury to enquire thereof, returnable in Fourteen days, and when such Writ of Enquiry shall be awarded, the Defendent in Error, or his Counsel or Defendant to give Attorney, shall give Three days notice, in writing, to the Plaintiff in Error, the time and place his Counsel or Attorney, exclusive of the day of service and day of exe- of executing Writ. cuting the Writ, of the time and place of executing such Writ, and each Each Party may Party may examine Witnesses, viva voce, before the Jury, and Judgment viva voce, and Judg shall be given, in the Court of Errors, for such damages as shall be found ment to be given by the Jury; and, in cases of Ejectment or Dower, all wastes, committed found: In Ejectafter the first Judgment, and the value of the mesne profits, subsequent to ment such first Judgment, shall be considered and allowed for in such Enquiry of profits to be allowed damages. issue returnable in three Days notice of examine Witnesses for the Damages or Dower, wastes and mesne for. When Judgment is the Judgment given manded to the And be it enacted, by the Authority aforesaid, that when the Judgment Clause XIV. is either affirmed or reversed, the Transcript, with the Judgment given affirmed or reversed, thereon, in the Court of Errors shall be remanded down again to the Court the transcript with from whence it came, and an Entry or Memorandum shall be made, by the thereon to be reSecretary, in the margin of or under the record of the first Judgment, Court from whence of the day of reversal or affirmance thereof, and he shall also enter the it came. same briefly, by a minute of the Parties' name and the sort of Action, with Secretary to enter the decision thereof, in the Book of Records of the Court of Errors, and Book of Records of Executions shall issue, from the Court below for all such Costs and Da- the Court of Errors. mages, in the same manner, and as well as for the principal thing or matter from the Court be the saine in the Execution to issue Damages Writs of low for costs and to be levied; and upon reversal of any Judgment, Writs of restitution and restitution and all all other necessary process thereon shall, in like manner, issue from the other process, also Court below. to issue. Clause XV. Error a Supersedeas to Writ was lost with And be it enacted, by the Authority aforesaid, That no second Writ of No second Writ of Error shall be a Supersedeas to an Execution, except where the first Writ Executi on ex- was discontinued, abated or lost, without default of the Plaintiff in Error, cept where the first his or her Counsel; in which case, a special Supersedeas may be awarded out default of Plain- by the Court of Errors aforesaid, signed by the Person presiding and under the Crown of the Great Seal, or his private Seal; and such Supersedeas shall take effect, by serving a Copy on the Defendant in Error, and by awarded, Execution leaving the original with the Marshal; but, if no such Supersedeas be awarded, then Execution may be levied and proceeded on. tiff. If no Supersedeas may be levied Clause XVI. Court empowered Practice. And be it and it is hereby enacted by the Authority aforesaid, That the to make Rules of Court hereby established, for hearing and determining Errors, may and is hereby impowered to make and establish any further or other Rules or Orders of practice on Writs of Error, so as the same shall not be repugnant to this Act; and the practice, in all cases not hereby provided for, shall be as agreeable as may be to the Laws and practice of the Court of King'sby the Secretary in Bench, in Causes in Error, and such Rules shall be entered by the Secretary, distinct part of the in a distinct part of the Book where the Rules of the Court of Common-Pleas are to be entered. Rules to be entered Book of Rules of the Common-Pleas. Clause XVII. 10s. 6d. to be paid And be it also enacted, by the Authority aforesaid, That Ten Shillings for each Writ or and Six Pence, and no more, shall be paid to the Person presiding in the Warrant except said Court of Errors, for each Writ or Warrant which shall be by him for which the usual signed and sealed, pursuant to any Clause before or hereafter contained, except the Writ of Error itself, for which the usual Fee shall be allowed and taken. Writ of Error itself, Fee shall be allowed. Clause XVIII. Appeals from Judg. And be it and it is hereby enacted, by the Authority aforesaid, That ments on Writs of Appeals from Judgments, on Writs of Error, given in this Island, shall, in Error to be regu- all things, be regulated according to the King's Royal Instructions touching tution King's such Appeals given, from time to time, to his Commander-in-Chief of these Islands, for the time being, save and except that His Majesty, his Heirs and Successors may, by special Order, allow Writs of Error, or Appeals in any Cases. Instructions. Preamble. And where any doubt shall arise, on the Value of the thing recovered, in such Court of Error, where an Appeal is prayed from the Judgment of that Court, to the end such Value may be ascertained, and that it may be known whether the same Value amounts to the Sum limited by the Instructions for allowing Appeals; Be it and it is hereby enacted and ordained, Value of the thing That, in all such cases, a Warrant shall, at the request of the Party apof Error, where an pealing, issue under the Crown of the Great Seal, or the private Seal of Appeal is prayed, to the Person presiding in the Court of Errors, when Judgment was given, five Persons onOath, which Warrant shall be directed to five Persons, or any three or four of Clause XIX. recovered in Court be ascertained by within five Days. them (the Members of the Council and Justices of the Court of CommonPleas only excepted) to be nominated, two by the Appellant and two by the Respondent, and a fifth by the presiding Person issuing the Warrant, to act as an Umpire in case there should be an equality of voices among the other four, directing them or any three or four of them to appraise the subject in question, on a certain Day therein to be fixed, and to make return thereof, on Oath, and under their Hands and Seals, into the Secretary's Office of this Island, within five Days; and if, after Notice in Writing given, by either Party, of the names of the Persons chosen as his Appraisers, the other Party shall refuse or neglect, by the space of Twenty-four Hours, to nominate two Appraisers on his behalf, then, upon Affidavit of such Notice and Neglect, four Appraisers shall and may be nominated by the other Party, and the Affidavit of Notice and Neglect shall be made, before the Person presiding, or before the Secretary or Deputy Secretary, who is hereby empowered to take such Affidavit, and the same shall be filed in the Secretary's Office; and the method of nominating Appraisers shall be by lodging their names with the Secretary, who is to make out the Warrant of appraisement, and deliver it to the Party who applied for the same, in Order that he may procure the same to be signed and sealed. or taken by Attach under £10, and com And be it also enacted, by the Authority aforesaid, that the Party pro- Clause XX. curing the Warrant of appraisement shall serve every Appraiser and Um- uring Warrant of pire, and the opposite Party, with a Copy of the Warrant of appraisement, Appraisment. Fees of Appraiser at least Forty-eight Hours before the time therein fixed for making such and Umpire. appraisement, and each Appraiser and the Umpire shall be allowed Fourteen Shillings for their trouble; and in case either of the Appraisers or the Appraiser or UmUmpire refuse or neglect duly to execute such Warrant in all respects, and neglecting to exepire, refusing to make return on Oath, as hereby directed, without lawful excuse to be cute Warrant, to be admitted by the Court, from whose Judgment the Appeal goes, each ment and fined, not Appraiser or Umpire, so neglecting, upon Affidavit of the service and exceeding £50, nor neglect, may be taken by Attachment issued out of the same Court, under mitted until Paythe Crown of the Great Seal, or the private Seal and Hand of the Person ment thereof. presiding, directed to the Marshal or his Deputy, and shall and may be fined, not exceeding Fifty Pounds nor under Ten Pounds Current Money of these Islands, by the same Court, and be committed to close custody until payment thereof, which Fine shall be to the use of His Majesty, his Heirs and Successors, to be paid into the public Treasury of this Island, for the Public uses of these Islands: and the Party offending shall and may Party offending to be examined upon Oath, upon interrogatories, touching such last mentioned Oath, to InterrogaDefault, as for a contempt, and such examination may be taken by the tories and proceedSecretary or Deputy Secretary, and the Party may be proceeded against in cases of consummarily, touching the same, as usual in cases of contempt. be examined upon ed against as usual tempt. Act to be in force And be it further enacted, by the Authority aforesaid, That this Act Clause XXI. shall continue and remain in Force for the space and term of One full Year, for One Year, from from the Date thereof, and from thenceforth until some other Establish- the date, and from ment shall be made and enacted, by the Legislature of these Islands, for other Establishment carrying into execution the purposes intended by this Act. thence until some shall be made. 66 No. XV. Act, No. 73. An Act for rendering the Process in the Court of Chancery effectual, in certain Cases, against Persons, who, being out of the In part repealed by Jurisdiction of the Court, refuse to appear thereto. [March 27, 1784.] WHEREAS, by the ordinary Rules and Practice of the Court of Chancery, no Preamble Decree could formerly be had against a Defendant, until he had appeared, And whereas the Statute, made in the Fifth Year of the Reign of the late King GEORGE the Second, intitled " An Act for making Process in Courts of Equity effectual against Persons who abscond and cannot be served "therewith, or who refuse to appear," although it authorises the Court to take Bills pro Confesso and to make Decrees against Defendants, without Appearance, and enables Plaintiffs to have Satisfaction out of the Defendant's Estate, in the Cases therein provided for, on Security given, yet the said Statute extends only to the Case of Defendants, of whom Affidavit is made that they have absconded or gone out of the Realm to avoid being served with the Process of the Court, which same Affidavit is also required by the standing Rules of the Court of Chancery of these Islands, made in Conformity to that Statute, on the Tenth Day of September, One Thousand Seven Hundred and Seventy-one; And whereas the said Statute and Rule do not reach the Mischiefs, already experienced and likely to be hereafter felt in these Islands, because, where a Defendant hath, some Time before, clandestinely left the Government, neither the Plaintiff nor any Person, on his behalf, can safely make Oath that such Defendant absconded or went |