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arms received and issued by them, on oath, and shall make good such as they do not sufficiently account for within three monthş, under a penalty of ten pounds for each set of foot arms, and fifteen pounds for each set of a troopers ; and the like regulations are enforced on officers commanding companies; non-commissioned officers and privates undergo similar penalties for not having their arms in good order and condition; but the parties may supply the arms by purchase from the public arsenal, op paying the receiver-general five pounds for a set of foot arms, and seven pounds ten shillings for a set of horse arms. 47 Geo. 3, c. 28.
ARMY BAGGAGE. Commissioners are appointed, the custos and members and three senior magistrates for regulating its carriage; the governor to issue his warrant to any one of them, who is to issue a notice, signed, directed to all persons possessing carriages, boats, wherries, cattle, mules, or slaves, and served by a constable, to furnish what may be required; and those disobeying, to be fined by two magistrates not less than fifty pounds, nor ex, ceeding one hundred pounds. Claims for payment of carriage under this act to be certified by two commissioners, and sworn to and audited by commissioners of accounts, which the receiver-general must pay; removing of officers without troops does not come within the meaning of this act.--45 Geo. S.
ARMS, Exportation of, see APPENDIX.
All persons are subject to arrest, who are not freeholders, 35 Chas. 2, c. 7, s. 12. No person to be arrested or held to bail, unless an affidavit be made, before a judge or commissioner of the court, of the cause of such action, and the sum endorsed on the declaration, bail to be taken only for the sum endorsed, but freeholders are excepted from arrest.–26 Geo. 2. c. 2. Writs of arrest and ne exeat insula to be executed notwithstanding martial law, on proof of the party being about to leave the island.-3 Geo. 4, c. 5, expires 1829, but renewed every
years. Sce Actions, Bail, D:BTS, and, in APPENDIX, INDEBTED
Persons, and articles mentioned under the word WRIT.
Arson is the malicious and actual burning of the whole or part of the house or out-house of another by night or by day, It is felony, and the punishment death: Burning of houses or plantations by 9 Geo. 3, c. 5, is made felony without benefit of clergy.
ASSAULT AND BATTERY. Assault and battery is an attempt or offer to do a corporal injury to another, as holding up the fist in a menacing manner, striking with a cane or stick, though the party miss his aim; throwing a bottle or glass with an intent to wound or strike. But, to constitute an assault, there must be an intention to use actual violence, coupled with the ability: the party aimed at must be within reach of the fist or the weapon lifted or levelled against him. Battery, which includes assault, is the unlawful beating of another; the least touching of another per: son in a rude and angry manner is battery, every man's person being held sacred, and no one having a right to meddle with it in the slightest manner. But battery is justifiable when the party hath authority, as a parent, or master, may give moderate correction to his child, scholar, or apprentice. [For forms of warrant and indictment, see Court of Quarter Seso sions.]
Assay, see Gold and SILVER PLATE,
ASSEMBLY. By 33 Chas. 2, c. I, the number of representatives for each parish is fixed, three for St. Catherine, three for Port-Royal, and two for every other parish. Representatives to be freeholders as also the electors. By 5 Wm. and Mary, Kingston is empowered to send three members, Westmorland two, by 2 Ann, c. 1; Hanover two, by 10 Geo. 1, c. 5, and by c. 8. ; Portland two, at the end of three years; Trelawny two, by 14 Geo. 3, c. 31. The duration is limited to seven years.--20 Geo. 3, c. 3. If members are elected in a church or chapel the election is void 28 Geo. 3, c. 11. The statute of 2 Jas. 1, “ For new executions to be sued against any which shall hereafter be delivered out of executions by privilege of parliament, and for discharge of them out of whose custody such person shall be delivered,” declared in force in this island for
protection of members' persons, against all process in chan.' cery or courts of judicature, with a proviso, that new writs may issue after privilege of assembly ceases, and priorities not to be affected.-31 Geo. 3, c. 4. Speaker to be paid one thousand pounds per annum.-34 Geo. 3, c. 21. If any member die during a recess, the custos or senior magistrate must give notice to the speaker, under penafty of fifty pounds, within fourteen days, who must acquaint the governor within ten days, or, without such information, if he be satisfied of the truth of the fact; or, in case of the death or absence of the speaker from the island, notice shall be given to the governor by the custos or senior magistrate; who is thereupon to direct a new writ to be issued; by this act, also, if a member should be called up to the council, the governor is forthwith to direct a new writ to be issued.--35 Geo. 3, c. 31. The assembly existing on the death of the king, or his successors, shall not dissolve until six months after such death is made known by authority, unless sooner prorogued or dissolved by authority, and the governor is empowered to prorogue, or call and convene it from time to time, the act not to controvene the power of the king or governor. All laws passed by such assembly are declared to have full force and effect. 53 Geo. 3. c. 9. The new parish of Manchester to send two two members.-55 Geo. 3, c. 23. Collecting constables cannot be members.-43 Geo. 3, c. F. Representatives of the different parishes are commissioners of the workhouses.--32 Geo. 3, c. 11. Previous to sitting or voting, every member must take an oath that he has an estate in his own or wife's right, of the value of three hundred pounds a-year, or an estate worth three thousand pounds, besides what is sufficient to pay all his debts, which must be taken along with the oaths of allen giance and supremacy.-21 Geo. 3, 6. 15, s, 19.
ASSBSSMENTS, see APPENDIX.
See Titles To SLAVES.
ASSISTANCE, WRITS OF. A judge of supreme court or two magistrates, on infornia tion on oath, by a proper officer, of smuggled goods being concealed dr suspected to be so, must, under penalty of two hundred pounds, grant a writ of assistance, 28° Geo. 3. c. 15. one magistrate may grant the writ, when a positive oath is made by one credible witness, on application of the officers of customs, but it must be executed in the day time only ; but, if information prove false, damages may be recovered against the officer wlio applied for it.-29 Geo: 3; c. 15.
ÅSSISTANT JUDGES May sign writs when the chief is ill or absent.—4 Geo. 3, 8. The two senior assistant judges of the supreme court, resident, to receive seven hundred pounds per annum, while they give regular attendance, unless disabled by sickness; the two senior assistant judges of courts of assize of Surrey and Cornwall to have five hundred pounds per annum, ón same conditions; any judge who'shall be absent more than one court in one year is deemed rot regular in attendance; on the death; disability, or departure from the island of any senior assistant judge, the judge next in seniority to enjoy the salary, if he has attended as judge within the twelve months preceding his elaim, if not, his right is forfeited, and the next who has given attendance shall receive the salary; the attendance necessary to entitle to salary must be six days at least within the preceding twelve months; the names of the judges to be entered by the clerk in a book, and their time of attendance to be signed in th? presence of the chief, whose signature is also necessary; any judge on salary, absent four months, the next in seniority to receive it, but if the judge return within three
resume his functions, his seniority is preserved, and he may claim the first vacant salary, provided he complies with the regulations ; assistant judges of assizé courts entitled to salary shall be judges of the supreme court, but not entitled to succeed to salaries in the grand court, to the prejudice' of its assistant judges serving without salaries, whatever their seniority; but their attendance at the grand court shall be the same as an attendance at the assize; the salaries to be paid half yearly on the production of a certificate from the chief-justice of regular attendance.-51 Geo. 3, c. 27.
See CHIEF JUSTICE and COURTS.
ATTACHMENTS. By 33 Chas. 2, c. 23, it is enacter!, “ 'That upon any der claration exhibited in debt, upon a specialty or bill under hand, or, in case of a book-debt, upon a concessit solvere, and disa closing the special matter to the chief-julge of the supreme court of judicature, tilat the said debtor, against whom the plaint is entered, is either gone off this island, or that, upon process already taken out against him, a non est inrentus hath been returned, an attachment shall then issue, thereby comi manding the provost marshal, or his hawful deputy, to attachi suich monies, goods, chattels, or debts, in the hands of the possessors of the same, be they attorney, wife, servant, or any other person; and also require them to appentr at the next court to shew cause why the said money, goods, chattels, or debts, or so much thereof aš' will satisfy the said debts en demanded, should not be delivered to the plaintiff; at which day, if the said possessor or debtor, be they attorney, witė, servant, or other person as aforesaid, be convicted by confession, verdict, or otherwise, that the said monies, goods, chattels, or debts, do properly belong to the person so gone off" this island, or othe wise absented himself as aforesaid, and if the plaintiff, before or after due proof made, do solemnly swear in open court that his debt is true, and that, directly or indir rectly, no part of parcel of what he demanded is satisfied, and also give in security in double the sum he demands to restore the same, with treble damages, or so much thereof as' shall at any time afterwards bc disproved; that then, and in atl such cases, the plaintiff, shall have judgment to recover the said debt out of the said money, goods, chattels, of debts, so attached as aforesaid: Provided eilways, That it any will apa pear as attorney to the said debtor, avit put in; bail to answer the action, and pay the condensation, that then, and in all such case.3, the attachment on the said money, goods, chattels, or debts, shall be dissolved, and procecding's had according to the custom of the conmmon law: But if the possessor or owner of such money, goods, chattels, or debts, be they attorney, wife, servant, or other person, as aforesaid, shall, atter attaciiwent so laid on them in the respective hands, dispose of the s.id money, goods, chattels, or debts, towards the pryment of any other deles, before the said debt for which the attachment was lail be satisfied, or the said attachment be dis· solved; that then, and in all such cases, the said party, for such their default, shall be liable to make satisfaction to the plaintift out of their own proper estates." Thay may be issued by justices of the peace for debis