fined, for tri 10s. min. and Payment. 75. 11th GEO. I. No. 180. A. D. 1724ter Complaint, Complaint by any Way-warden before a Justice of Peace, be brought found, to be before such Justice to whom the Complaint is made, and no other, vial Offence, at a Day certain within four Days after such Complaint, or as soon 40s. mar. or after as he can be found, to answer the same Complaint; and if the committed till Way-warden prosecuting or complaining shall think the Crime is not great, he shall and may proceed before such Justice immediately, which Justice is hereby impowered to hear and determine the same, within forty-eight Hours after such Person offending shall be brought before him, and, upon finding the Party guilty, may assess any Fine, not exceeding forty Shillings, nor less than ten Shillings, lawful Money of the said Island of Antigua, upon the Party guilty, and commit him to the Common Gaol of this Island, till he pay the Justice's Fee same, with reasonable Costs, to be assest by the same Justice; and the Justice may take to himself, for the whole proceeding, seven Shillings like Money, and no more; and such Sentence and Judgment shall be conclusive, and without Appeal, and a Bar to any other Prosecution of any Kind, for that Crime, except the Crime be such, as shall intitle any Person to an Action at Law for Damages, and in that Case it shall not bar the Party's Action; but if the Way-warden, so informing or prosecuting, shall conceive the Crime or Offence to be great, then, at the Request of the same Way-warden, the Party offending [or neglecting] shall be bound to the next Sessions to be held for this Island, to answer the same, where the same shall be proceeded on, as is usual in Case of Indictments, or Presentments, in this Island, for Trespasses, and the Justices have hereby Power in their Sessions of the Peace, and Justices of Oyer and Terminer, and of Gaol Delivery, have Power, to assess Fines on the Parties found guilty, or any of them, not exceeding fifty Pounds, lawful Money of Antigua, to the Use of His Majesty, His Heirs, and Successors, to be paid into the Publick Treasury of this Island, to be applied towards the repairing and building the Forts and Fortifications of this Island. No Appeal. Bar to further but not to Prosecution; Action. bound over to Sessions, &c. S. 7. 10. 15. Clause repeal 1.; yet Act of 22d XXII. And if any Person shall neglect or refuse to send all or any Stad. Part of his Quota of Slaves to the Highways, being duly summoned, verted to by such Person shall pay and forfeit five Shillings per Diem, for each Slave April, 1797, wanting, which Forfeiture shall be recovered before any one Justice of the (No.517,)S.2. Peace, and levied by his Warrant on the Goods and Chattels of the Offender, to be sold by Out-cry, for which Default the Certificate of any one Similar Means Way-warden shall be sufficient Evidence to convict the Offender, of Recovery, unless the Offender can make appear, that he is not obliged to send an not sending Slaves to such Highways, or that he did comply with this Act; and in order to impose similar Penalty, with on Defaulters Slaves the 11th GEO. I. No. 180. A. D. 1724. at Public the Justice of Peace is hereby required finally to determine such Slaves to work Complaint, within fourteen Days after the same is made, which Ponds. Forfeiture for not sending shall be to the Use of His Majesty, His Heirs, and Successors, to be imployed on the Forts and Fortifications of this Island. den's Duty as in No. 593. XXIII. And if any Way-warden shall neglect his Duty, by suf- See Way-warfering the Ways to be unrepaired or uncleansed, or otherwise, to Highways, contrary to this Act, he shall, upon Complaint made to any Justice of the Peace on Oath, be bound to appear at the next Sessions to answer the same, or may be presented at the Sessions for the same, and be there proceeded against, as other Persons neglecting or offending against this Act. XXIV. And if any Justice of the Peace shall fail to do his Duty in any Respect, as by this Act is before or hereafter required, he shall forfeit fifty Pounds, lawful Money of this Island, for every Offence or Neglect, to be recovered in any Court of this Island, by Action of Debt; one Moiety to the Use of the Informer suing for the same, and the other Moiety to the Use of His Majesty, His Heirs, and Successors, to be paid into the Publick Treasury of this Island, to be imployed about the Forts and Fortifications thereof, in which Actions the Informer, if he recover, shall recover also full Costs.. Justice disoforfeit 501. re beying Act to coverable by Action. Forfeiture to go, Half to Informer, and Half to Treasury towards Informer recovering, to have Costs. Fortifications. XXV. And whereas People do frequently petition for Paths, commonly called Jury-paths, for their own Convenience, which are usually granted by the Justices at Sessions, without any Inquiry into the Reasonableness of such Petitions, which may prove a Prejudice to some Persons hereafter; be it therefore enacted by the Authority aforesaid, That no Person shall be allowed to have any other Jury- one Jury-path path from his Plantation, where he hath one already, nor shall any to be allowed Person not having a Jury-path from his Plantation, be hereafter tion. allowed more than one Jury-path from his Plantation. Not more than from Planta to be granted, and Summons XXVI. And also, That no Jury-path or Way shall be hereafter Jury-path not granted on such Petition, unless such Petition be first signed by some unless Justice Justice of the Peace, and a Summons thereon issued, and signed by sign Petition, some Justice of Peace, to the Way-wardens of the Division or issue thereon Divisions, where the said Path or Way is intended to run, and to the dens and to Parties through whose Ground the same is to be made, to appear at Parties conthe next Sessions to shew Cause why the said Petition should not be shew cause granted; and such Notice shall be, by leaving a Copy of the Sum- against Petimons, so issued by the Justice of Peace, signed by the Constable, and served by him on the said Way-wardens, or Parties, or left at cerned to tion. Justice's Fees for Petition and Summons 6s. for Proof of Service 9s. Constable's Fee 3s. for each Summons. Constable dis obeying Act, to forfeit 10/. max. recoverable before Justices in Sessions, &c. Justice or sued for exe- 11th GEO. I. No. 180. A. D. 1724. their Houses, or Places of usual Abode, at least forty-eight Hours before the Sessions, at which the same Petition is intended to be preferred, and Oath of such Service made, either before a Justice of Peace on Oath, or at the Sessions in open Court, and indorsed on or annext to the same Petition. XXVII. And the Justice of Peace, for his signing the Petition, and issuing a Summons on the same, shall and may receive from the Petitioner six Shillings lawful Money of this Island, and no more; for Proof of the Service, if made before him, three Shillings like Money, and no more; and the Constable, for each Party summoned, three Shillings like Money, upon Proof of the Service; and if any Constable shall neglect or refuse to do his Duty according to this Act, he shall forfeit any Sum not exceeding ten Pounds, lawful Money of this Island, to be assessed and laid by the Justices at their Sessions, or Justices of Oyer and Terminer, and General Gaol Delivery in this Island, upon any Indictment. Presentment, or Information, there to be found or exhibited. XXVIII. And if any Justice of the Peace or Way-warden shall be sued or molested for any Thing done by Virtue of this Act, he or the shall and may plead the General Issue, and give this Act in Evidence in such Suit; and if the Plaintiff in such Suit be nonsuit, or discontinue his Action, or a Verdict be found against him, he shall pay treble Costs of Suit; and this Act shall be esteemed a General Act, Act a General and all Judges, Justices, and Juries are to take Notice thereof accordingly. and give Act in Evidence. Treble Costs. Act. N. B. Besides the Acts ad- Dated in the Town of St. John's this eleventh Day of August, one thousand seven hundred and twenty-four, and in the eleventh Year of the Reign of our Sovereign Lord GEORGE, by the Grace of God March, 1789, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. -relating to the Five Island 15th GEO. I. Nis. 181, 182, A. D. 1730. Mem. No. An Act for settling, confirming, and establishing, the Col- No. 181. lection made of the Acts of Antigua, and making the OBSOLETE. same Collection, and certain Copies thereof, to be taken 180 was the to be Records. Dated 15th January, 1730. last Act in the Collection, which occasioned, in placing this, an Interruption of the Order of Time. An Act to invest certain Lands in His Majesty, His Heirs No. 182. and Successors, for the Use of His Majesty's Ships of War. WHEREAS pursuant to and by Virtue of an Act of this Island, Preamble. of Lands to bearing Date the twenty-fourth Day of December, in the Year of our Recites Grant Lord God one thousand seven hundred, intituled, An Act for the fur- Joseph Green; ther promoting the Number of the Inhabitants of this Island, and more particularly encouraging the King's Soldiers now to be disbanded, to continue therein, by enabling them to become Settlers amongst us; there were granted, by the Commander in Chief, Council, and Assembly of this Island, unto Joseph Green, ten Acres of Land, lying in the Division of Falmouth, in this Island, bounded to the North with the Land of Colonel Edward Warner, to the South with the Land formerly of Pentecost Kerby, but lately in the Possession of John Blunden, East with the Land of Henry Nanton and Charles Pritchet, deceased, and West with English Harbour; as by the Petition of the said Joseph Green, and the Grant thereon, dated the fourteenth Day of September, one thousand seven hundred and eighteen, duly recorded, may appear : Greatrix; II. And whereas also, by Virtue of the same recited Act, there were formerly granted, in like Manner, to William Greatrix, other ten and to William Acres of Land, in the Division of Falmouth aforesaid, being butted and bounded as follows; viz. Beginning at a Loblolly Tree, and running thence West nine Chains eighty-four Links, thence round the Point to a Loblolly Tree at the Head of the Swamp, and thence to the first Station; bounded to the East with Land now or late of Richard Soanes, South with the Land now or late of William Anderton, to the North with the Land now or late of Pentecost Kerby, and to the West with the Sea; as by the Petition of the said William Greatrix, the Grant thereon, Justice's Fees for Petition and Summons 6. for Proof of Service 3s. Constable's Fee $s. for each Sum mons. Constable dis obeying Act, to forfeit 10. mar. recoverable before Justices in Sessions, &c. Justice or Waywarden 11th GEO. I. No. 180. A. D. 1724.. their Houses, or Places of usual Abode, at least forty-eight Hours before the Sessions, at which the same Petition is intended to be preferred, and Oath of such Service made, either before a Justice of Peace on Oath, or at the Sessions in open Court, and indorsed on or annext to the same Petition. XXVII. And the Justice of Peace, for his signing the Petition, and issuing a Summons on the same, shall and may receive from the Petitioner six Shillings lawful Money of this Island, and no more; for Proof of the Service, if made before him, three Shillings like Money, and no more; and the Constable, for each Party summoned, three Shillings like Money, upon Proof of the Service; and if any Constable shall neglect or refuse to do his Duty according to this Act, he shall forfeit any Sum not exceeding ten Pounds, lawful Money of this Island, to be assessed and laid by the Justices at their Sessions, or Justices of Oyer and Terminer, and General Gaol Delivery in this Island, upon any Indictment. Presentment, or Information, there to be found or exhibited. XXVIII. And if any Justice of the Peace or Way-warden shall be sued for exe- sued or molested for any Thing done by Virtue of this Act, he or the cuting Act shall and may plead the General Issue, and give this Act in Evidence may plead General Issue, in such Suit; and if the Plaintiff in such Suit be nonsuit, or disconand give Act tinue his Action, or a Verdict be found against him, he shall pay Treble Costs. treble Costs of Suit; and this Act shall be esteemed a General Act, Act a General and all Judges, Justices, and Juries are to take Notice thereof accordingly. in Evidence. Act. N. B. Besides the Acts ad- Dated in the Town of St. John's this eleventh Day of August, one thousand seven hundred and twenty-four, and in the eleventh Year of the Reign of our Sovereign Lord GEORGE, by the Grace of God March, 1789, of Great Britain, France, and Ireland, King, Defender of the Faith, relating to the Five Island Road. |