31st GEO. III. No. 475. A. D. 1791. Seal to be pro vided by Trea main in Secre the Crown of Great Britain, over the Word ANTIGUA ; under which in the outward Circle the Figures 1791, and from thence, in the same outward Circle, the Words COURT OF COMMON PLEAS; which said Seal shall be provided by the Treasurer, as soon as conveniently surer; to remay be after the Publication of this Act, and shall be constantly tary's Office. kept and remain in the Secretary's Office of this Island; and shall be first used as the Seal of the said Court of Common Pleas, upon the twentieth Day of March, next ensuing the Publication of this Act: But in the mean time, and until such Seal can be procured, all Writs, Process, and other Things shall be sealed in the usual Manner. poena Writs and Proserved by Marshal, except Party, &c. cess to be where he is a VII. And be it further enacted, That all Writs and Process issuing out of the said Court of Common Pleas (except Writs of Subto give Evidence, or other Writs or Process required by Law to be directed to any other Person or Persons) shall be directed to the Provost Marshal of the said Island of Antigua, or his lawful Deputy, except where he shall be a Party, and served by him, or his lawful Bailiff or Bailiffs. And the said Provost Marshal, or his Deputy, have the Care shall have the Care and Charge of the Common Jail of this Island, of Jail, and be and receive all Persons lawfully committed to his Custody; and shall- for Escapes. also be answerable for all Escapes of Persons taken or committed, upon or by Virtue of any Process whatsoever. VIII. And be it further enacted by the Authority aforesaid, That no Person shall be permitted to plead, or practise the Law, in this Island, or give Advice, in any Law Matter whatsoever, for Gain or Reward, until he hath, with the Approbation of the Court of Common Pleas, qualified himself in the said Court, by taking the Oaths required by Act of Parliament to be taken by Persons in Offices or Places of Trust, and also the following Oath : You shall swear, that well and truly you will serve the King's People, and all others who shall legally retain you, according to the best of your Knowledge and Learning, in the Laws of Great Britain, and the Laws of this Island; and you shall truly counsel and advise them that shall retain you, according to the best of your Skill; and you shall not defer, protract, or delay their Causes, any way to their Hurt or Disadvantage, for the sake of making Profit or Gain thereby, nor for Hope, nor Promise of Reward from any other Person. SO HELP YOU GOD. Marshal to answerable Qualification practise in the to plead, or Court. OATH. Certificate Oath to be filed. Person not Clause, giv 31st GEO. III. No. 475. A. D. 1791. Certificate of Certificate of the taking of which Oath shall be filed in the Secretary's Office, before any Person shall be deemed qualified as aforesaid. And if any Person or Persons, not duly qualified as aforesaid, qualified as in shall presume to give advice in any Law Matter whatever for Gain ing Advice in or Reward, such Person or Persons shall, for each Offence, forfeit Law Matter, the Sum of fifty Pounds, to be recovered by Action of Debt, Bill, Plaint, or otherwise, in the said Court of Common Pleas ; one half of which said Forfeiture shall go and be paid to His Majesty, His Heirs, or Successors, towards defraying the Public Charges of this Island, and the other Moiety to the Person or Persons who shall inform and sue for the same. to forfeit 501. All Suits (except in Eject facias) where IX. And be it also enacted and ordained by the Authority ment, and by aforesaid, That all Actions or Suits in the said Court of Common Writ of Scire Pleas, (except Actions of Ejectment and Writs of Scire facias) where special Bail is special Bail is not required, or cannot be demanded, by Virtue of not required, this Act, shall be commenced by suing forth, from the Secretary's by suing, from Office of the said Island of Antigua, a Writ of Summons, in the Form Secretary's following, videlicet, to commence Office, WRIT OF To be served by Marshal, as in S. 10, six Days be. fore Sitting of Court. GEORGE the Third, by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, &c. &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 the Justices of our Court of Common Pleas, to be held for this Island Antigua, the Day of Which Writ of Summons shall be served upon the Defendant, Names 31st GEO. III. No. 475. A. D. 1791. Names of the several Plaintiffs and Defendants in each Action or Writ to be ally if Defendant found; most usual served person otherwise, at Abode: out of Anti If Defendant nager, or at Abode: where of Court House good set. X. And be it further enacted by the Authority aforesaid, That such Writ of Summons shall be served upon the Defendant or Defendants in Person, if he, she, or they, can be conveniently found; otherwise, such Writ of Summons shall and may be left at his, her, or their most usual Place of Abode: But if the Defendant or Defendants be absent from this Island, and hath or have any Letter of Attorney recorded in the Secretary's Office of this Island, or is or are possessed of any Plantation in this Island, then such Service may be, either upon the said Attorney, or upon the Manager or Overseer of such Plantation, in Person, or by leaving the said Writ of Summons at the most usual Place of Abode of such Attorney, or at the Dwelling-house of such Manager or Overseer: but if there be no Letter of Attorney recorded in the Secretary's Office, nor any Manager or Overseer, then the nailing up the said Service. Writ of Summons, at the South Gate of the Court House, shall be deemed good Service thereof. And all Services of such Writs of Service to be Summons, either personally, or otherwise, shall be before Sun-set before Sunof the last Day of Service, or else shall be good only for the second Court after that Service: unless an Appearance be entered at the first Court, or the Service accepted by Consent. And the Marshal, Marshal to or his Deputy or Deputies, who shall serve such Summons, shall prove the Service of the same in Court upon Oath; and the Time and Manner of such Service, with the Person's Name by whom such Service was made, shall be entered at large in the Secretary's Book. XI. And be it further enacted by the Authority aforesaid, That the Plaintiff or Plaintiffs who sue out any Writ of Summons as aforesaid, shall, in the Forenoon of the Day next before the Day appointed for the Appearance of the Defendant or Defendants, cause à Declaration upon such Writ of Summons to be filed in the Secretary's Office of this Island, and a true Copy thereof to be delivered to such Defendant or Defendants, if he, she, or they shall apply for the same; and in Default thereof the said Writ of Summons shall immediately abate, and all Proceedings thereafter had thereon be held as null and void, and the said Defendant or Defendants shall recover the Sum of three Pounds and six Shillings for Costs, to be recovered by a Writ of Execution as in other Cases where Costs are given or recovered. VOL. II. C XII. prove Service, &c. Declaration Forenoon of ing Day of Day precedAppearance, livered to Deand Copy defendant apWrit to abate, plying; or and Defendsi. 6s. for to be filed in ant to recover Costs. No Process to issue in Name be a Power of Absentee proved and recorded in Secretary's Office. 31st GEO. III. No. 475. in A. D. 1791. XII. And for the better Prevention of litigious Suits, and for the of Absentee, securing of Costs where any Plaintiff or Plaintiffs is or are absent nless there from this Island, and that such Suit may not be proceeded upon Attorney from the Name of such Person or Persons without his, her, or their Authority; be it enacted by the Authority aforesaid, That no Process whatever shall issue in the Name of such Person or Persons who shall be absent from this Island, unless there be a Power of Attorney, proved and recorded in the Secretary's Office of this Island, from such Person or Persons, or any one of them; and the able to Costs. Attorney or Attorneys of such Person or Persons shall, by Order of the Court, be subject and liable to all the Costs and Charges of the Suit, in such Manner as the Plaintiff or Plaintiffs might or would be, was or were such Plaintiff or Plaintiffs personally present; such Costs to be recovered by Attachment, or otherwise, as the Court shall direct. Absentee's Where Cause of Action amounts to XIII. And be it further enacted by the Authority aforesaid, That where the Cause of Action shall amount to, or exceed in Value 16. 10s. and the Sum of sixteen Pounds and ten Shillings, and the Defendant or Defendants shall not be a Freeholder or Freeholders, it shall and may be lawful to and for the Plaintiff or Plaintiffs to sue forth a Writ out of the Secretary's Office in the Form following, to wit, Defendant is not a Freeholder, Plaintiff may sue out WRIT. GEO EORGE the Third, by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To the Provost Marshal of our said Island of Antigua, or his lawful Deputy, greeting ; We command you, that you take [setting forth the Name or Names, and the present or late Addition of the Defendant or Defendants] if [he, she, or they] shall be found in our said Island of Antigua, and keep [him, her, or thei] safely, so that you may have [him, her, or them] before the Justices of our Court of Common Pleas, to be holden for our said Island on the [setting forth the Day upon which such Defendant or Defendants are to appear] to answer [setting forth the Name of the Plaintiff or Plaintiffs] of a Plea of [Trespass upon the Case, Trespass, Debt, or otherwise, as the Case may be] to the Damage of the said Plaintiff or Plaintiffs and have there this Writ; Witness [the Name of the Chief Justice, or Senior Assistant Justice of the said Court] this in the Year of our Lord one Year of our Day of thousand seven hundred and Reign, &c. and in the Defendant, on Upon which Writ the said Defendant or Defendants shall be obliged Writ, to give special Bail as to give special Bail, in Manner herein-after mentioned. in S. 19. 31st GEO. III. No. 475. Cause of Ac Writ is issued. A. D. 1791. XIV. And for the more effectual Prevention of vexatious and mali- Affidavit of cious Arrests; be it also enacted and ordained by the Authority afore- tion to be said, That no Person whatsoever shall be held to special Bail by Virtue made before of any Writ or other Process, unless, before the issuing of such Writ or other Process, the Plaintiff or Plaintiffs (or in Case of his, her, or their Absence from this Island, the Attorney or Attorneys of such Plaintiff or Plaintiffs) shall make Affidavit of the Cause of such Action, according to the best of his, her, or their Knowledge and Belief; which Affidavit may be made before any Judge of the Court of Common Pleas, or before the Officer who issues such Process, or his Deputy, which Oath such Officer or his Deputy are hereby empowered to administer; and for such Affidavit the Sum of six Fee for AffiShillings shall be paid and no more. davit 6s. to be indorsed for no more. XV. And be it further enacted by the Authority aforesaid, That Sum sworn-to the Sum or Sums specified in such Affidavit shall be indorsed upon upon Writ, the Back of such Writ or Process, for which Sum or Sums so in- and Bail taken dorsed, the Provost Marshal, or his Deputy, or other Officer to whom such Writ or Process shall be directed, shall take Bail, and for no more; any Law, Custom, or Usage to the contrary notwithstanding. be discharged on Writ, un plead. XVI. And be it further enacted by the Authority aforesaid, That Inhabitant when any Inhabitant of this Island who is not a Freeholder shall be arrested for arrested for any Sum under sixteen Pounds and ten Shillings, the 16. 10s. may Provost Marshal or his Deputy shall discharge such Person, upon upon signing such Person's signing an Indorsement to be made upon the Writ, Indorsement that he or she doth promise to appear at the next Court of Common dertaking to Pleas to be held for this Island, to answer or plead to any Decla- appear and ration filed by the Plaintiffs; which Indorsement or Promise shall be as effectual to enforce the Appearance of the Defendant, as if he or she had been duly served with a Writ of Summons in Manner herein-after mentioned: Provided nevertheless, that such Defendant or Defendant, Inhabitant shall, before he or she is discharged, go with the said before DisProvost Marshal, or his Deputy, before some Justice of the Court, make Oath to or some Justice of the Peace for this Island, and make Oath, that he Inhabitant or she is an Inhabitant of this Island, and not about to depart there- &c. from; and the said Justice shall certify, upon the said Writ, that the Defendant hath sworn himself or herself to be an Inhabitant of Antigua, for which no Fee shall be paid. charge, to his being an XVII. And be it further enacted by the Authority aforesaid, That Defendant if any Defendant or Defendants shall allege himself or herself to be a Freeholder, such Defendant shall give immediate Notice thereof to the said Provost Marshal, or his Deputy, who shall immediately inform alleging himself a Freeholder, to inof it, through form Plaintif Marshal. |