cial Bail. fendant's Plea. special Plea; or Demurrer, 31st GEO. III. No. 475. A. D. 1791. Plaintiff may the Plaintiff or Plaintiffs thereof; and if such Plaintiff or Plaintiffs in spe shall nevertheless insist upon special Bail, then such Defendant shall be obliged to give special Bail, or in Default thereof, be committed Form of De- to the Common Jail. And such Defendant shall and may plead, in Abatement to the Writ, that he or she is a Freeholder, and shall in such Plea shew particularly of what Estate of Freehold he or she is Form of Plain seised or possessed; to which Plea the Plaintiff or Plaintiffs may tin's, Replica reply, that the Defendant is not a Freeholder, in Manner and Form as he or she hath above in Pleading alleged, and pray that it may be thereof inquired by the Country; or plead any other Matter specially, or demur to the said Plea, as such Plaintiff or Plaintiffs shall think proper; in which Case, the same Rules are to be observed as are herein-after directed with respect to Pleadings in other Suits. And if Judgment be given against the said Defendant or Defendants, upon a Verdict, or Demurrer, or otherwise, such Defendant or Defendants shall pay double Costs: and if Judgment shall be given against such Plaintiff or Plaintiffs, upon Verdict, Demurrer, or otherwise, or if such Plaintiff or Plaintiffs shall discontinue, or become Clause to take nonsuit, he, she, or they, shall pay double Costs. Provided always, away Remedy that Nothing herein-before contained shall extend, or be construed to extend, to prevent any Person or Persons, who shall be illegally arrested, from having and recovering such Damages for the illegal Detention of his, her, or their Person or Persons, as any Jury may think proper to give, in any Action or Suit brought for the Recovery thereof. See S. 35, et seq. Nothing in Arrest. Qualification exempting Freeholder XVIII. And be it further enacted by the Authority aforesaid, That no Person whatsoever shall be exempt or privileged from from Arrest. Arrests as aforesaid, in Civil Actions between Party and Party, as a Freeholder within this Act, unless he has a FREEHOLD of ten Acres of Land in actual Possession, or leased out for Years only, at ten Pounds per Annum Rent at least, current Money; or a Tenement in this İsland, of the Value of twenty Pounds, current Money of Antigua, per Annum, in like Manner in Possession; or a Rent Charge, for his own, or some other's Life, of the Value of twenty Pounds like Money per Annum, issuing out of Lands, or Tenements in this Island, granted, or devised, by Deed, or Will, duly recorded. And all MORTGAGERS of their Estates of Freehold of the aforesaid Quantity or Value, continuing in Possession, shall be deemed Freeholders within this Act, to be exempt from Arrests in such civil Actions: but NOT after the Mortgagee is in actual Possession by his Mortgage, be it a Mortgage for Years, or in Fee. Provided always, that where there are several Defendants, 31st GEO. III. ISLAND OF ANTIGUA. A. D. 1791. Defendants Defendants, and one or more of them shall not be a Freeholder or When one of Freeholders; then, and in such case none of the said Defendants not a Freeshall be privileged from Arrests: but all of the said Defendants shall holder, all be obliged to give special Bail. must give spe- Condition of Form and to be, either Bail, to answer Defendant's not made as ed. forfeited, to to Plaintiff. XIX. And be it further enacted by the Authority aforesaid, That the Bail-bond to the Marshal shall be CONDITIONED for the Ap- Bail-bond. pearance of the Defendant, at the next Court, to answer the Action, &c. specifying in such Condition, the Plaintiff's Name, the Nature of the Action, and the Sum. And it is declared, that such APPEAR- Appearance ANCE shall either be, by giving special Bail in Court, by the De- by special fendant and two sufficient Sureties by Recognizance, conditioned to Judgment; or answer and make good the Judgment that shall be given in that Surrender of Action; or to surrender the Defendant's Body as Law shall require: Body. and in case no such Recognizance shall be given, and if the De- If Appearance fendant's Body be not surrendered at the same Court, and com- prescribed, mitted to the Marshal's Custody, and the Commitment entered in Bond forfeitthe Secretary's Court Book, (which Commitment and Entry the Defendant or his Sureties are in such Case at their Peril to get done to save their Bond,) then such Bond to be forfeited; and in case Bail-bond, if of Forfeiture of such Bond, the Bail-bond shall be assigned, on de- be assigned, mand, without further Order, by the Provost Marshal, or his lawful on demand, Deputy, in a concise Manner on the Back, by an Indorsement, signed and sealed in the Presence of one or more Witnesses, to the Plaintiff, his Executors, or Administrators, and shall be suable in the Name of the Plaintiff, his Executors, or Administrators, as Assignees as aforesaid; and, in declaring thereon, no precise Re- Latitude in cital or Producing need be of the Assignment: but the Plaintiff may it. declare as Assignee, or as Executor or Administrator of A. B. And the Court may, by Court may Assignee of C. D. now or late Provost Marshal, or Deputy Provost Marshal of Antigua, as the Case shall be. Rule or Rules, give such Relief to the Plaintiff and Defendant in Relief against the original Action, and to the Bail upon the same Bond, as is agreeable to Justice and Reason; and such Rule or Rules of the said Court shall have the Nature and Effect of a Defeazance of such Bail-bond. XX. And be it further enacted by the Authority aforesaid, That Plaintiff, after the Plaintiff shall have forty-eight Hours, and no longer, after put-in in special Bail put-in sitting the Court, and forty-eight Hours, and Court, or Nono longer, after due Notice of special Bail put-in before the Secre- being put-in tary, or his Deputy, in his Office, to except to the Defendant's justify cept to Bail. Bail; and if there be an Exception, the Bail shall be obliged to forty-eight declaring on give equitable Bail-bond. Forfeiture of special Bail tice of its before Secretary, to have Hours to er 31st GEO. III. Exception, on Oath. justify on Oath, in Court, or before one of the Justices of the said On Notice of Court at his Chambers, and the Exception shall be entered in the Bail to justify Secretary's Book, under the Bail given, and Notice thereof in Writing given to the Defendant, or his Counsel, within the same. Bail in Court, forty-eight Hours; and if no Justification, within four Days after &c. not justi- such Notice, then, upon Affidavit of such Notice of Exception, made Days, no dis- before a Judge, and filed in the Secretary's Office, the Bail so given bond. in Court, or before the Secretary, shall be no bar or discharge of fied in four charge of Bail Defendant, after Commit the Bail-bond to the Marshal; and no Notice shall be required of the Bail given in Court. And a Defendant committed for want of tal obtaining special Bail, and afterwards giving special Bail, and due Notice of special Bail, giving thereof, and such Bail allowed, and not excepted to in time, ed on Motion, shall, on Motion in Court, or before one of the said Judges in his Chamber, be discharged; first giving twenty-four Hours Notice, in Writing, to the Plaintiff, or his Counsel, of the Time and Place of such Motion. to be discharg &c. Special Bail may be given tary. Hour's Notice for Plaintiff to except. XXI. And be it further enacted by the Authority aforesaid, That before Secre- where special Bail is not given sitting the Court, at the next Court precisely, according to the Condition of the Bond given to the Marshal: Yet special Bail may be given by Recognizance before the Secretary, or his Deputy, each of whom is hereby empowered to Twenty-four take the same, in his Office, when the Court is not sitting; so that Notice be given in Writing to the Plaintiff, or his Counsel, of the Names and Abode of the Persons being Bail before the Secretary, at least twenty-four Hours before the giving such Bail, that they may Bail must be be excepted to if thought proper; so as such Bail, to be given before the Secretary, be given before Judgment had on the B il-bond; but after Process on the Bail-bond, the same Bond shall not be discharged, without paying full Costs, and an Order of Court for disOnly one Ac- charging the same. Provided always, that if more than one Action tion on Bail- is brought on such Bail-bond, no more than one Counsel's Fee for one Action shall be allowed in Costs. given before Judgment had on Bail-bond. bond to be allowed in Costs. No Scire fa cias to issue on Execution XXII. And be it further enacted by the Authority aforesaid, That Recognizance no Writ of Scire facias shall issue, or other Suit or Process be had, of Bail, until upon any Recognizance of Bail, until a Writ of Execution hath against De- been issued against the Defendant or Defendants, for whom special fendant issued Bail hath been given, and such Execution hath been returned in the and Monies Secretary's Office; and if any Monies shall be levied or received by raised under the Provost Marshal, or his Deputy, under or by Virtue of the said Writ of Execution, the Bail may plead the same, and the Plaintiff and returned; Execution to go in dis charge or 31st GEO. III. No. 475. A. D. 1791. cognizance. or Plaintiffs shall only recover Judgment for so much as remains due charge of Reupon the said Recognizance, after deducting the Monies levied or received as aforesaid. XXIII. And be it further enacted by the Authority aforesaid, That the Bail may surrender the Principal, at any Time before Judgment recovered against them; and such Surrender shall be by actually delivering him into the Custody of the Marshal, at the Common Jail; and the Marshal or his Deputy shall be obliged to give a Receipt under his Hand for the Persons so surrendered, with the Day and Year of the Surrender, or be liable to the Party injured, in an Action on the Case, for all Damages; and an Affidavit of such Surrender, duly made and sworn before a Judge in his Chamber, and filed in the Secretary's Office, with the said Receipt annexed, and an Entry, which the Secretary shall make, of such Surrender under the Recognizance of Bail, specifying the Day and Year of Surrender mentioned in the Marshal's Receipt, shall be a full Discharge of the Bail: Provided always, that in case of such Surrender, the Scire facias or Process against the Bail shall no way be discharged, without first paying in Court five Pounds Costs thereon; and such further Costs as the Court shall award; and also the Officer's Fees, incident to the Surrender, which they are or shall be lawfully intitled to receive. render Prin Bail may surcipal at any Judgment against Bail. Manner of Time before Surrender. Process against Bail ed; and Officer's Fees. Plaintiff to de clare against XXIV. And be it further enacted by the Authority aforesaid, That in all Cases (except as herein-after provided) where any De- Defendant in fendant or Defendants shall be in Custody of the Marshal, by Custody, in Virtue of any Writ issued out of the said Court of Common Pleas, Notice; either for want of special Bail, or by being surrendered to the Marshal by the Bail as aforesaid, and shall give Notice to the Plaintiff or Plaintiffs in the Action, or his, her, or their Counsel, in Writing, signed by such Defendant, or his, her, or their Counsel,of being in Custody, and demand a Declaration; the Plaintiff or Plaintiffs shall, in six Days after being served with such Notice, (exclusive of the Day of Service,) file a Declaration, in the Secretary's Office of this Island, against such Person or Persons so in Custody, in order that the Cause may be brought to a Trial as soon as may be: And in case the Plaintiff or Plaintiffs shall neglect to file such or, Defendant Declaration within the Time aforesaid, any Justice or Justices of of Judge, be may, by Order the said Court in open Court, or any of the said Justices at his discharged Chamber, may by Order to the Marshal or his Deputy, to be entered in the Secretary's Court Book, discharge such Person out of Custody, upon due Proof being made, by Affidavit, of the Service of the with Costs. some bailed, and some in Custody for Plaintiff not No. 475. 31st GEO. III. A.D. 1791. the Notice hereby required, and on Certificate being produced, signed by the said Secretary, of no Declaration being filed in his Office by the said Plaintiff or Plaintiffs against the said Defendant or Defendants within the Time aforesaid: and such Justice or Justices in open Court, or Justice at his Chamber, shall, by the said Order, direct the Person or Persons who sued out the said Writ to pay to the said Defendant or Defendants, his, her, or their Costs, occasioned by the said Arrest, and the subsequent Proceedings before the Justice or Justices as aforesaid, to be taxed by the said Secretary. And in case the said Plaintiff or Plaintiffs, who sued out the said Writ, shall refuse immediately to pay to the said Defendant or Defendants such Costs, then an Execution shall issue for the same against such Plaintiff or Plaintiffs, and be proceeded upon in the same Manner as Executions for Costs have been hitherto proceeded Where a Plu- on. Provided always, that where there are two or more Defendants rality of Defendants, to the Action, and one or more of such Defendants shall give Bail for his or her Appearance, at the next Court after such Writ sued out, and one or more of such Defendants shall be in Custody of the want of Bail; Marshal, for want of such Bail for his or her Appearance at the said obliged to de- Court, that in such Case, the Plaintiff or Plaintiffs shall not be clare against those in Cus- obliged to file a Declaration against the Person or Persons in tody, until the Custody, until the Bail for the Appearance of the other Defendant or Defendants shall either give special Bail as aforesaid, or surrender up the Person or Persons for whom such Bail for Appearance was given; but if such special 'Bail be given for the Defendant or Defendants out of Custody, then such Bail shall immediately receive a Declaration in the Original Action, against the Person or Persons for whom such Bail was given, and the Cause shall proceed to Trial against all the Defendants, at the Court when such special Bail was entered into; unless the Plaintiff or Plaintiffs grant Plaintiff shall, by Motion in open Court, pray to be allowed a further Day to file such Declaration, which the Court is hereby empowered to allow or disallow; so that such Indulgence does not exceed six Days at farthest from the Day on which the said Motion was made. And where such special Bail shall be given out of Court, or such Defendant or Defendants, for whom Bail for his or her Appearance as aforesaid was given, be surrendered to the Custody of the Marshal, then the Declaration against such Defendant or Defendants shall be filed within the Time herein-before mentioned. And all the Remedies hereby given to a Person in Custody where but one Defendant, in case of the Plaintiff or Plaintiffs neglecting to proceed rest are sur rendered, or their Bail made special. Court, on Motion, may six Days further to de clare. If Bail made special out of Court, or Surrender made to Marshal, De claration as in first Part of Clause. |