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N. B. Act re

ferred to in

Clause (No.

148.) was rejected by the King.

2d GEO. I.

Nis. 153-155.

A. D. 1716. Servants imported, or to be imported, unless such Servant or Servants shall first take all the Oaths, and subscribe the Declaration mentioned in a certain Act of this Island (intituled, An Act to prevent the Increase of Papists and Nonjurors in this Island, and for the better governing those who are already settled here; dated at St. John's, the second Day of March last past) before the Treasurer himself, who is hereby impowered to administer the same to such Servants only, or unless such Servant or Servants, or the Master or Person importing the same, do produce a Certificate of each such Servant's having taken and subscribed the same, under the Hand and Seal of the Mayor or Chief Officer of the Place where they are sworn.

Dated at Parham this eleventh Day of July, in the Year of our Lord God one thousand seven hundred and sixteen, and in the second Year of the Reign of our Sovereign Lord GEORGE, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith,

&c.

ASHTON WARNER, Speaker.

WALTER HAMILTON.

No. 154. An Act for appointing an Agent to negotiate the Affairs of

REPEALED

subsequently.

See Act of 22d

Dec. 1698, (No. 109.)

this Island.

Dated 16th August, 1716.

PRIVATE.

No. 155. An Act for the erecting and building a new Church in the Town of St. John's, in this Island, in the Room and Stead of the present Parochial Church of the Parish of St. John's, in the Town aforesaid, and for raising a yearly reasonable Tax for maintaining and constant repairing of

the same.

Dated 24th November, 1716.

An

2d GEO. I.

Nis. 156-158.

A. D. 1716.

An Act to quiet the present Possessors of Lands, to limit No. 156. Actions, and avoid Suits in Law.

Dated 8th February, 1716.

REPEALED by Act of 28th Feb. 1718, (No. 1 63.)

CONFIRMED

31st July,

An Act to enable Giles Watkins and Samuel Watkins to No. 157. alien, grant, or devise a Plantation, situate, lying, and being in the Parish of St. John's, in the Division of PRIVATE. Dickenson's Bay; as also some Pieces of Land situate and being in the said Parish, and in the Division of Popeshead in this Island, or to charge the same with Portions for younger Children.

Dated 29th March, 1717.

1

An Act for constituting a Court Merchant.

No. 158.

AMENDED
AND MADE
PERPETUAL

Act of 13th

(No. 165.)

by Act of 31st

Dec. 1799,

(No. 541.)

or Senior

WHEREAS many Differences happen between Persons trading to by and from this Island, and Others resident thereon, which, by reason July, 1719, of the Necessity of the sudden Departure of such trading Persons, and ENLARGED of the Witnesses concerned therein, cannot be decided in the usual Courts, according to the ordinary Time therein accustomed and allowed, to the great Detriment and Injury of such trading Persons: II. For the preventing whereof, We Your Majesty's most loyal and obedient Subjects, the Governor and Commander in Chief of all Your Majesty's Leeward Caribbee Islands in America, and the Council and Assembly of Your Majesty's Island of Antigua, humbly pray Your Most Sacred Majesty that it may be enacted and ordained, and be it, and it is hereby enacted and ordained by the Authority aforesaid, That the Chief Judge of this Island for the Time being, or in case of his Death, Absence, or Sickness, the Senior Judge [of either Precinct,] upon Petition of any Person or Persons who shall hereafter arrive, and such Person or Persons first making Affidavit in Writing before the Chief Judge for the Time being, or any Assistant of the VOL. I.

C c

Court

Abolition of

Chief Justice Judge; [By No. 541, S. 2. Courts for separate Prestitution of for the whole Court of C.P. Island, noticcedure under Court Mer

cincts, and In.

ed; and Pro

chant directed

to

be framed accordingly】

4th GEO. I.

accordingly] on Petition, and

Affidavit;

No. 158.

A.D. 1717. Court of [King's Bench and] Common Pleas of this Island, in Manner and Form following, viz.

I

A. B. do swear, That I do fully design and intend to depart from this Island in the Ship or Vessel now lying in the Harbour of within this Island, by the first Departure of the said Ship or Vessel from this Island, and that I did not at my coming to this Island, or at any Time since, intend to reside in this Island for any Time exceeding six Months after my Arrival here, and that the Goods by me sold, and for which I do now desire to have this Court called, are belonging to myself, or to Persons not residing withing this Island, and are not directly or indirectly sold for the Benefit or Advantage of any Person or Persons residing within the same:

to cause Court shall cause a Court to be held within four Days after such Petition four Days after delivered, and the making due Publication thereof.

to be held in

Petition.

Petitioner to file Declara

tion in Secretary's Office,

and annex Copy of it to

mons;

III. And that such Person or Person so petitioning as aforesaid, shall file a Declaration in the Secretary's Office of this Island, as usual in other Cases, a true Copy thereof, attested by the Secretary or his lawful Deputy, and annexed unto a Writ of Summons, which Writ of Summons shall be in the Form following:

Day of

next, at of then and there to ansteer

Writ of Sum- GEORGE, by the Grace of God, King of Great Britain, France, and Ireland, Defender of the Faith, &c. To our Provost Marshal of our Island of Antigua, or his lawful Deputy Greeting. We command you to summon A. B. to be and appear before our Justices of our Court Merchant, to be held for this Island the the Clock in the Forenoon, at the Town of the Action or Actions commenced against him by C. D. and hereof you are not to fail, as you will answer the contrary at your Peril; and do then and there make a due Return of this Writ of Summons, Witness Chief Justice of our said Island. [or

and serve

them on Defendant two Days before Court.

On Oath of
Summons and

Precinct of

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our.

our Senior Assistant for the

Which said Declaration and Writ of Summons annexed, shall be served upon the Person of the Defendant, or left at his House, or most usual Place of Abode, at least two Days before the Sitting of the Court.

IV. And if the Defendant makes Default, and Oath made of Defendant's being duly summoned, or appearing shall not join Issue of the Matter not pleading of Fact, or plead some good Matter in Bar of the Action, or in AbateJudgment

ment

4th GEO. I.

No. 158.

be entered on

A. D. 1717. ment of the Writ, or demur, the Plaintiff's Evidence shall be taken, Judgment to and Judgment shall be immediately entered against the Defendant; Plaintiff's Evibut if the Defendant join Issue, plead, or demur, then a Day shall dence. If Issue joined, be given for Trial of the said Matter of Fact, or determining the Trial to be said Matter of Law the next ensuing Court, which shall be held had in four within four Days after the Sitting of the former; and if at that Day on DefenDays after. the Defendant make Default, when called, Judgment shall be entered dant's Default, against him as aforesaid; and if he does appear, then the Fact to &c. be tried by the Jury to be summoned the Day before.

Judgment,

on Plea of Abatement, or

on Arrest of ·

V. And if any Plea in Abatement or Demurrer be allowed by the Proceedings Court, then the Plaintiff shall immediately amend, paying fourteen Shillings Cost, and the Defendant shall then join Issue, and Judg- Demurrer ment shall be immediately given on the Verdict, unless the Defen- Judgment, dant desire a Day to move in Arrest of Judgment, which shall be &c. granted by the Court, so that it be not above three Days longer Time, By No. 541, and Execution shall issue thereon the next Day after Judgment, where not dieither by Fieri facias to take the Goods, or Capias ad satisfaciendum to Act, to be astake the Body of the Defendant, at the Plaintiff's Election, unless similated as Judgment staid by Motion in Arrest of the same, and in case the sible to that of Plaintiff shall neglect to appear at any Sitting of the Court, when the C. P. called, then a Nonsuit to be entered against him.

rected by this

much as pos

S. 1.2.3. Sale

and by S. 4.

VI. And be it further enacted by the Authority aforesaid, That all By No. 165, Goods, Chattels, and Negroes, which shall hereafter be levied on by any by Outery reWrit of Execution for any Debt recovered by Virtue of this Act, shall, at the pealed, and Appraisement Defendant's Charge, at the next adjacent Town, be exposed to Sale in three substituted; Days by the Provost Marshal or his lawful Deputy, between the Hours of Merchantable eight and twelve of the Clock in the Forenoon, and be accordingly sold by Out-cry at the highest Price then offered; and the Produce of such Sale, or as much thereof as shall be sufficient to discharge the Debt, Damages, and Costs, shall be immediately delivered to the Plaintiff.

Produce, on Notice, to be fair Tender

four Day's

for Debt, if Jury approve. Price.

not bringing

Town, Mar

VII. And if the Defendant shall fail to bring such Goods, Chattels, On Defendant and Negroes, so levied on as aforesaid, to the said Town, then the Goods to said Marshal or his Deputy shall give Notice where the same are, shal to sell and that they are to be exposed to Sale the next Day, at the Place them where where they lie, and between the Hours aforesaid; in such Case also they lie, &c. the Marshal is hereby required to hire Cattle and Cart for the Carriage of the same, and charge the Defendant therewith; and if it ap- Further Levy pear on the Sale that the said Goods levied on are not sufficient to satisfy the Plaintiff, then the Marshal or his Deputy is to proceed, and attach further, and expose the same to Sale in Manner aforesaid, Cc 2

till

on Deficiency.

4th GEO. I.

No. 158.

A. D. 1717. Surplus to go till the Plaintiff be fully satisfied; and if any Thing remains after all to Defendant. the Charges are paid, it shall be returned to the Defendant, and the Marshal to file Marshal or his Deputy shall make Certificate in Writing of every Certificate of such Sale, and Return, and file the same in the Secretary's Office of this Island.

Sale.

Three Justices a Court.

VIII. And be it further enacted, That the Chief Justice of this Island, or in case of his Death, Absence, or Sickness, the Senior Assistant [of either Precinct of this Island,] and any two of the Assistants [of either Precinct,] be and are hereby appointed and authorized to hold a Court for Trial of all Actions of Debt or Case for Goods, Wares, and Merchandizes, not exceeding the Sum of one hundred Pounds, which shall be prosecuted as aforesaid, by any Transient Person against Sum is remov- a Resident of this Island, or by a Resident against a Transient, or by a Transient against a Transient.

By No. 541, S. 1. Limitation as to the

ed.

Fees of Chief
Justice, &c. in
Court Mer-

chant, as by

Docket in other Cases.

Plaintiff to ad

vance 42s. for

Charges of Ju

ry, to be allowed in Costs.

Freeholders

calling Court

Merchant may proceed im

mediately by

Warrant of
Arrest.

By No. 541,
S. 1. Limita

tion of Sum re-
moved.

Transient Defendant to find Bail;

Or, if Defend

ant goes into Custody,

Plaintiff need

file Declara

tion only two

Days before next Court Day.

IX. And be it further enacted, That on all Actions prosecuted by Virtue of this Act, the same Fees shall be paid to the Chief Justice, Secretary and Marshal, as are taken by the Docket of Fees appointed for that Purpose, with this Alteration only, that where any Cause comes to be tried by a Jury, the Plaintiff shall pay down forty-two Shillings, Current Money of this Island, into Court, to defray the Charges of the Jurors, which is to be paid equally amongst the Jurors, after a Verdict brought in, and not before, which said forty-two Shillings shall be allowed in Cost of Suit.

X. And be it further enacted by the Authority aforesaid, That where any Person or Persons, being a known Resident or Residents, Freeholder or Freeholders, within this Island, shall desire any Court to be called by Virtue of this Act, for the prosecuting any Transient Person for any Debt, or in any Action of the Case for Goods sold, not exceeding one hundred Pounds, such Person or Persons, so desiring such Court to be called, shall not be obliged to make any such Affidavit as is required where the Transient Person is the Plaintiff, but shall and may proceed by Warrant of Arrest, as is usual against such Transient Person or Persons, who shall be obliged to find Security by two sufficient Freeholders to answer the Effect of the Suit, and satisfy the Judgment, or else to surrender the Body of the Defendant, as usual in Cases of Bail, or else the Defendant shall be and remain in Custody; and in the last mentioned Case, the Plaintiff shall only be obliged to file his Declaration two Days exclusive before the next Court Day, and shall not be obliged to any other Service thereof.

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