31st GEO. III. No. 474. A. D. 1791. posing Duties on Rum, Cordial Waters, and other Strong Waters sold by Retail; and for applying the same. WHEREAS an Act, intituled, An Act for continuing and amendNo. 462. ing an Act for laying certain Duties on Licenses, to be taken out by all Persons acting as Tavern Keepers, Punch-house Keepers, or Retailers of Wine, Rum or other Liquors; and imposing Duties on Rum, Cordial Waters, and other Strong Waters sold by Retail; and for applying the same; did expire on the second Day of December last, being the first Meeting of the Council and Assembly of this Island after the twentysecond Day of October, now last past; We, therefore, Your Majesty's most dutiful, loyal, and obedient Subjects, the Commander in Chief of Your Majesty's Leeward Caribbee Islands in America, and the Council and Assembly of this Island Antigua, humbly pray Your Most Excellent Majesty, that it may be enacted; and be it, and it is hereby enacted by the Authority aforesaid, That the said first recited Act shall be revived, and, with the Clause of Amendment hereinafter particularly mentioned, continued in force for the Space of three Years from the Date of this Act, and, from thence, to the next Meeting of the Council and Assembly of this Island. Аст. No. 462 to be revived. See No. 573. No. 456. Treasurer not to grant Li- Applicant ob tain Consent No. 456. Mulatto ob II. And whereas, by the second Clause of the said Act, Persons selling any Rum, mixed or otherwise, or Cordial, or other Strong Waters, in less Quantities than forty Gallons, are directed to obtain a License for six Months, under the Hand and Seal of the Treasurer of this Island, or his lawful Deputy: And whereas it is necessary, that every Precaution should be taken in the granting of such Licenses, be it therefore enacted by the Authority aforesaid, That no such License shall be granted by the Treasurer, or his lawful Deputy, to any Person or Persons whomsoever, without such Person or Persons applying to, and first obtaining in Writing the Consent and Approbation of two of His Majesty's Justices, assigned to keep the Peace in the said Island. III. And whereas by the fourteenth Clause of the said Act, it is enacted, That no License for the Sale of Rum, or other Cordial or Free Negro or Strong Waters, shall be granted to any free Negro or Mulatto; which Clause is conceived to be improper, and to require being amended; Petition, Con- be it therefore enacted by the Authority aforesaid, That no such License shall be granted to any free Negro or Mulatto, unless he or she shall, previously, obtain the Approbation and Consent of taining, on sent of Court of King's Grand Ses sions the 31st GEO. III. No. 474. A. D. 1791. tering into Se. the Court of King's Bench and Grand Sessions of the Peace for the sions, and en. said Island, upon a Petition being duly presented for that Purpose; curity, may and any free Negro or Mulatto, so obtaining the Approbation and take License. Consent of the said Court of King's Bench and Grand Sessions, upon entering into the Security required by the said Act, is hereby declared capable of taking such License. Treasurer and No. 462, since IV. And whereas the Duty on Rum, Cordial Waters, and other Indemnity to Strong Waters, has been collected and received, notwithstanding the others, having last Act expired on the second Day of December last; be it therefore acted under further enacted, That the Treasurer of the said Island of Antigua, its Expiration. and all other Persons by him employed, in collecting and receiving the said Duty, since the second Day of December, one thousand seven hundred and ninety, shall be indemnified from and against all and all Manner of Actions and Suits whatsoever, which shall be commenced or prosecuted against him or them, for or by reason of the Collection or Receipt of the said Duties, since the said second Day of December, one thousand seven hundred and ninety; and in any such Actions and Suits, it shall and may be lawful to and for the said Treasurer, or the Persons by him employed in collecting or receiving the said Tax, to plead the General Issue, and give the special Matter, and this Act in Evidence; and if upon the Trial of such Action or Suit, the Plaintiff or Plaintiffs shall discontinue or become nonsuit, or a Verdict shall pass for the Defendant or Defendants, or Judgment shall be given for the Defendant or Defendants, upon Demurrer or otherwise, the Defendant or Defendants shall and may recover double Costs, and have such Remedies for the same, as any Defendant or Defendants can or may have, in other Cases, where Costs are given by Law. Dated at Antigua, the fourteenth Day of January, in the Year of our Lord one thousand seven hundred and ninety-one, and in the thirty-first Year of the Reign of our Sovereign Lord GEORGE the Third, by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth. THOMAS FREEMAN, Speaker. Passed the Assembly, this thir-) teenth Day of January, one thousand seven hundred and ninety-one. ANTHONY BROWN, Clerk of the Assembly. Passed the Council, this thir- 31st GEO. III. Nis. 474, 475. A. D. 1791. Passed by the Governor in Chief, the fourteenth Day of January, one thousand seven hundred and ninety-one. THOMAS L. S.) SHIRLEY. Published this fourteenth Day of January, one thousand seven hundred and ninety-one. ROBERT CLOGSTOUN, Dep. Pro. Marshal. AMENDED by No. 475. An Act for establishing Courts of Common Pleas, Error, King's Bench, and Grand Session; and for the better regulating and settling due Methods for the Administration of Justice. Act of 22d April, 1796, (No. 509.) CONTINUED in last Instance, and FURTHER Act of 16th (No. 578.) AMENDED by WHEREAS nothing can conduce more to the Encouragement of March, 1804, Trade, and the Support of Credit, and effectually promote in all respects the Welfare and Reputation of this Island, than the estaPREAMBLE. blishing Courts of Judicature, wherein the Law may have its free Course, and Justice be constantly and impartially administered; We, therefore, Your Majesty's most loyal and obedient Subjects, the Governor 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 Excellent Majesty, that it may be enacted and ordained; and be it, and it is hereby enacted and ordained by the Authority aforesaid, That a Court of Common Pleas be established. for the said Island of Antigua, shall be established and held at the Аст. Court of Common Pleas to Court-house in the Town of Saint John, in the said Island, which shall be a Court of Record, and take Cognizance of, and hear and determine all civil Actions, whatsoever, which shall hereafter be commenced and prosecuted therein, and also all Suits already prosecuted in any Court of Common Pleas heretofore established in this Island, and still remaining undetermined, with as full Power and ample Authority as the Court of Common Pleas held at Westminster. 31st GEO. III. No. 475. A. D. 1791. II. And be it enacted by the Authority aforesaid, That the said Court shall consist of a Chief Justice, and four other Justices, either already appointed, or to be appointed from time to time, by His Majesty, His Heirs, or Successors, or by His said Majesty's Captain General and Governor in Chief, or Commander in Chief for the time being of His said Majesty's Leeward Caribbee Islands in America, by Commission or Letters Patent, under the Great Seal of the said Leeward Caribbee Islands; which said Justices, or any one or more of them, shall have full Power to proceed upon, hear, try, and determine all Causes and Suits which shall hereafter be commenced and prosecuted in the said Court, or which shall have been already commenced and prosecuted in any Court of Common. Pleas heretofore established in this Island: except Issues in Law, which shall be heard and determined in Manner herein-after mentioned. And each of the said Justices, before he shall enter upon the Execution of his Office, shall take the usual Oaths required by Act of Parliament to be taken by Persons in Public Offices and Places of Trust, and also the Oath following in these Words: A. B. [naming himself] do sincerely swear, that I will not deny Oath. or delay Justice to any Person, but, with my utmost Care and Diligence, will perform the Office of Chief Justice (or Justice) of the Court of Common Pleas held for Antigua, according to the best of my Skill and Knowledge, in all Matters which shall come before me to be heard and determined, according to the Laws and Statutes of Great Britain in force in these Islands, and the Acts of this Island, and the general Acts of the Leeward Islands, without Interest, Partiality, Prejudice or Affection. SO HELP ME God. Which Oath shall be administered to the Chief Justice in Council, who, being duly sworn, is hereby authorized and required to administer the same Oath to each of his Brethren so appointed as aforesaid : And in case of the Absence of the Chief Justice from Court, then the other Justices, or any of them, may and are and is hereby authorized to administer the said Oaths to each other. Provided always nevertheless, that neither the Chief Justice, or any other Justice, who was commissioned as Chief Justice, or Justices, of the Court of Common Pleas of this Island, established for this Island by the last Act of this Island for establishing the same Courts, shall be hereby deemed Courts to be every April, gust; may be ad nor exceed ten No. 475. 31st GEO. III. III. And be it further enacted by the Authority aforesaid, That the said Court shall be held upon the first Tuesday in the Months of April, May, June, July, and August, next ensuing the Date of this Act, and so annually afterwards in each Year, at the said Court-house, in the Town of Saint John in this Island, and so in every Year. And journed; so as the Justices of the said Court, or any one or more of them, are Adjournment do not extend hereby empowered to adjourn the said Courts, provided the Time of to next Court, such Adjournment doth not extend to the Time appointed for holding the next Court, and that each Adjournment of the last Court shall not exceed ten Days. And the Provost Marshal, or his lawful Deputy, is hereby required to leave a Notice in Writing of the particular Day to which such Court is adjourned, at the Dwellinghouse of every Judge not present at the Adjournment of such Court, at least forty-eight Hours before the Day to which the Court is adjourned; and in Default thereof, the said Provost Marshal, or his Deputy, shall be fined by the Court, in any Sum not exceeding twenty Pounds; and shall stand committed until he pays such Fine. Days. Notice of Adjournment to given by Marshal to Judge not present. No Suit to be abated or dis Absence of Justices. IV. And be it further enacted by the Authority aforesaid, That no continued by Action, Suit, or Process shall be abated, or discontinued, or put without Day, for or by reason of the Absence of the Justices of the said Court: But the said Justices may, at any other Time or Times as there shall be Occasion, meet again, and continue all such Actions, Suits, or Process to any other Day which they shall think proper. Writs to be issued in King's Name, and tested in Chief or Puisne Judge's. Description of fromCommon V. And be it further enacted by the Authority aforesaid, That all Writs issuing out of this Court, shall run in His Majesty's Name, and be tested in the Name of the Chief Justice for the time being, or, in case of his Death or Absence from this Island, in the Name of the Puisne Judge of the said Court, in Commission on the Island; and the same Fee or Fees shall be paid into the Hands of the Secretary, for the Use of the Justice, as is, or are, or shall be due by Law or Docket. VI. And be it further enacted by the Authority aforesaid, That all Sealfor Process Writs and other Process issuing out of the said Court of Common Pleas. Pleas, and all Exemplifications of Records remaining in the said Court, shall be sealed with a Silver Seal, in the Form of a Circle, (the Diameter of which shall be one Inch and two-tenth Parts of an Inch) with the following Impression cut or made thereon, viz. within an inner Circle, of the Diameter of one Inch, the Form or Figure of the |