4th ANNE.

No. 31.

A. D. 1705.

House only to

and Works to

Widow in un

tained the same, in Damages, by Action upon the Case in any Court of Record in that Island, wherein the Estate, whereof Dower is so recovered, lies, or by Suit in Equity against the Party or Parties, their Executors, or Administrators, that have received or denied the same. IV. Provided always, That the said Plantation or the Works there- Dwelling on being, shall not be divided or otherwise parted than, by Allotment be parted, the of the third Part of the Dwelling House with its Appurtenances, and Plantation necessary Conveniencies, to the Tenant in Dower for her Habitation, be enjoyed by or convenient Reception, upon the said Plantation, when she shall the Heir and think fit to repair thereunto; which third Part of the Dwelling House, divided Parts, the Provost Marshal or his lawful Deputy, upon Application to him fits apportionmade, shall set out to such 'Tenant in Dower, and shall forthwith ed. put her in quiet and peaceable Possession of the same; and that none of the Negroes or other Slaves, Coppers, Stills, Cattle, Horses, Asses, or other Plantation Utensils whatsoever, to such Plantation belonging, shall be carried off, or employed from the said Plantation, otherwise than for the immediate Service thereof, by such Tenant in Dower, or by the Heir, or him or them in Reversion or Remainder, but that each of them shall join in carrying on the Interest for the best Advantage of all the Parties concerned.

and the Pro

Devise to a third Part of an Estate to

Widow of

bar the Dow

er; unless the

ac

V. And be it hereby declared and enacted, That where any Person hath or shall by his last Will and Testament in Writing devise any Part of his Estate, or of the Profits thereof, amounting in Value to a third Part of his Estate, whereof she was dowable, and omitting to declare such Devise to be in Bar of her Dower, shall devise the Rest, Widow cept the DowResidue, or Remainder of his Estate to any other Person or Persons, er instead of that such Devise to his Wife shall be taken and construed to be a the Devise. complete Bar of her Dower, unless such Devisee, being of full Age, shall disagree to the said Devise, and claim or demand her Dower within three Years after the Death of her Husband, or after her having arrived at the Age of one and twenty Years.

Act of the

VI. Provided always, That this Act nor any Thing therein con- This Act not tained shall extend or be construed to extend to impeach or make to affect an void an Act made for Provision of younger Children of Fathers dying Island of intestate, intituled, An Act for making the Negroes, Coppers, Mills, and Nevis con Stills of Intestates' Estates, Chattels; which Act was made by the Pre-cerning Insident and Council of Nevis, excuting the Office of Lieutenant General and Assembly of the Island of Nevis, on the twenty-fifth Day of March, in the Year of our Lord one thousand six hundred and ninetynine, and stands confirmed by His late Majesty King William the Third in Council; but that the same, and every Clause, Matter, and

In unsettled
Lands, Dower

by a Jury.

4th ANNE.

Nis. 31, 32.

A. D. 1705. Thing therein contained, shall be and remain in full Force; and that the several Islands under this Government shall be at liberty to enact the same Law, any thing in this Act to the contrary, or seeming to the contrary in any wise notwithstanding.

VII. Provided also, That where any Person is intitled to Dower may be set out of any Parcel of Land unsettled, that a Warrant shall go out to the Provost Marshal of the Island wherein such Land lies, at the Prayer either of the Tenant who is so intitled to Dower, or of the Party or Parties in Reversion or Remainder, requiring him within eight Days from the Day of the Date of the said Warrant to impannel a Jury of twelve good and lawful Freeholders of such Island, wherein such Land lies, who shall, upon their Oaths, set out the third Part of the said Land to the Party so intitled to Dower, by her to be held in severalty, by Metes and Bounds, any Thing in this Act, or any other Law, or Statute contained to the contrary notwithstanding.

Dated at Nevis the twentieth Day of June, Anno Domini one thousand seven hundred and five, and in the fourth Year of Her Majesty's Reign, &c.

THOMAS BELLMAN, Speaker.

JOHN JOHNSON.

No. 32. An Act for the supplying the want of Fines and Recoveries

ENLARGED, IS

far as respects ANTIGUA, by Act of 28July, 1764,(No.270) and Act of 4th Sep. 1799(No. 637.)

Preamble.

in these Islands, and for making any Deed or Deeds, duly executed and acknowledged before any of Her Majesty's Justices of the Court of Common Pleas in the Kingdom of England or Ireland, or of any of these Islands, equivalent to a Fine and Recovery, or Fines and Recoveries, duly and regularly levied and suffered in any of Her Majesty's Courts of Record at Westminster. WHEREAS Fines with Proclamations and Common Recoveries

are become the Common Assurances of Your Majesty's Kingdom of England, at least such a necessary Part thereof, as without them the Inheritance of Femes Coverts, or their Right or Title to Dower, or any other Estate of Freehold, nor Estates of Tenants in Tail, General

4th ANNE.

No. 32.

A. D. 1705.

neral or Special, or the Reversion and Reversions, Remainder and Remainders thereupon depending, cannot be barred.

II. And whereas such Fines cannot be duly levied in these Islands for want of proper Offices; or Common Recoveries well suffered, for want of set Days for the Return of Writs, or for the Appearance of the Parties to such Recoveries, the Courts of Law in these Islands usually holding but one Day, or two at the most; for remedying which Mischief, and to the Intent that the Want of Fines and Recoveries in these Islands may be effectually supplied, by making other Conveyances, attended with particular Circumstances herein after mentioned, equivalent thereunto:

knowledged by

the Interest

the Justice of

Common

bar Femes

Tenants in

Recovery.

III. We Your Majesty's most dutiful and loyal Subjects do pray Your Most Excellent Majesty that it may be enacted, and be it, and it is hereby enacted by the Commander in Chief of these Your Majesty's Leeward Caribbee Islands in America, the General Council, and General Assembly of the said Islands now met at Nevis, and by the Authority of the same, That a Deed or Deeds in due Form of Law, Deeds acmade and executed by the Husband and Wife, of the Plantations, the Parties Lands, and Tenements, Negroes, and other Hereditaments of the from whom Wife, or of any Plantation, Lands, and Tenements, Negroes, and passes, before other Hereditaments whereof the Husband was solely and in his own the Custice of Right seized at any Time during the Coverture, or whereof the Hus- Pleas in Engband, or Husband and Wife were seized in right of the Wife, or the land, &c. shall Husband jointly with the Wife; or by Tenant in Tail, General or Special; Covert and and by the Party or Parties, and each of them, from whom the Interest Tail,as fully as passes, acknowledged before some of Her Majesty's Justices of the any Fine and Court of Common Pleas in the Kingdom of England or Ireland, or of any By Act of of Your Majesty's Leeward Caribbee Islands, wherein such Plantation, ANTIGUA Lands, Tenements, Negroes, and other Hereditaments do lie; shall to September, all Intents and Purposes be as effectual and valid in the Law, to pass 1799 (No. all the Estate, Right, Title, Interest, and Claim of the Party or extended, as Parties, and of each of them; to such Deed or Deeds, in or to all or far as respects ANTIGUA, to any the Plantation or Plantations, Lands, Tenements, Negroes, or acknowledg other Hereditaments, by such Deed or Deeds granted, conveyed, or made over, or thereby intended to be granted, conveyed, or made the King's over to the Person or Persons, Bargainee or Bargainees, Grantee or Grantees, in the said Deed or Deeds mentioned, their Heirs and chequer in England or Assigns for ever, to whom or to whose Use any Estate in such Plan- Ireland. tation or Plantations, Lands, Tenements, Negroes, or other Heredi- By Act of 28th taments is by the said Deed or Deeds limited, bargained, sold, 270) 5. 2. 3. granted, or conveyed, according to the several Limitations in the said extended, for Deed

dated 4th

537) this is

ment before

any Justice of

Bench or Baron of the Ex

ANTIGUA, in

a

universally; so

as the Acknow ledgment be be

fore any Lord

of the Session

Sheriff, in

SCOTLAND,

Places, before

4th ANNE.

No. 32.

A. D. 1705. a local View, Deed or Deeds contained, as if the Party or Parties to the said Deed or Deeds, from whom the Interest moves, had levied a Fine or Fines with Proclamations, or suffered a Common Recovery or Recoveries of such Plantation or Plantations, Lands, Tenements, Negroes, and other Hereditaments in any of Their Majesties' Courts of Record at and, in other Westminster, and duly executed Deeds leading the Uses of such Fine the Chief Ci- or Fines, or declaring the Uses of such Recovery or Recoveries to be vil, Military, to such Bargainee or Bargainees, Grantee or Grantees, their Heirs ficer prescri- and Assigns for ever, to whom or to whose Use such Plantation or bed; and so as Plantations, Lands, Tenements, Negroes, and other Hereditaments gistered inAN- are, by the Deed or Deeds so to be executed and acknowledged, as is above mentioned, limited, and conveyed, or that the same and every Part thereof had been bargained, sold, conveyed, or set over by any the firmest Deed or Deeds, Conveyance or Conveyances, Assurance or Assurances of the Law, that could be advised or devised by Council learned in the Law.

or Judicial Of

the Deed be re

TIGUA within two Years.

Every Wife

party to such

Age, and ex

amined apart whether she executes the

IV. Provided always, That the Wife, who is Party to any such Deed, to be of Deed or Deeds, be of full Age at the Time of the Execution thereof, and be privately and apart examined by the Judge, before whom such Deed or Deeds is acknowledged, whether she do execute the same same freely. freely, voluntarily, and without Fear, Threats, or Compulsion, of or by her Husband used; which Examination of the Wife shall be indorsed, together with the Acknowledgment of the Party or Parties, the Back of from whom the Interest by the said Deed or Deeds pass: And such Acknowledgments shall be subscribed by the Judge before whom the Acknowledgment of such Deed or Deeds is taken, and by and before whom such Wife is privately examined.

Such Examination to be indorsed on

the Deeds,

and subscribed by the Judge,

and inrolled at length, within six Months, in the Secreta.

ry's Office, if in one of the

Islands.

referred to No.

V. And be it further enacted by the Authority aforesaid, That all and every Deed or Deeds so executed and acknowledged, as aforesaid, shall be inrolled at length in the Secretary's or Register's Office of that Island, wherein the Estate so granted or conveyed lies (if the said Deed or Deeds be executed and acknowledged in any of these Your Majesty's Leeward Caribbee Islands) within six Calendar Months By Act above after the Acknowledgment of such Deed or Deeds; and in case the 270,) s. 2. 4. said Deed or Deeds shall be executed and acknowledged within either of conveying Your Majesty's Kingdoms of England or Ireland, that the same shall be Hereditaments inrolled at length in the High Court of Chancery of that Kingdom, wherein executed out of the same was executed and acknowledged, within six Calendar Months after Antigua, the Acknowledgment thereof; and that the Acknowledgment of such exception, be Deed or Deeds so subscribed by the Judge before whom the same was recorded at length taken (as before is directed) shall be a sufficient Proof of the due Exe

every Deed

in Antigua,

must, without

4th ANNE.

Nis. 32, 33.

Register's Of

A. D. 1705. cution of the said Deed or Deeds; and the Record, or an Exemplifi- length in the cation, or attested Copy of such Deed or Deeds shall be admitted and fice of ANTIallowed to be given in Evidence upon any Trial at Law, or Hearing in Equity, where the Original Deed or Deeds is or are mislaid, and cannot be procured; any Law, Statute, or Usage to the contrary in any ways notwithstanding.

Dated in Nevis, the twenty-first Day of June, Anno Domini one thousand seven hundred and five, and in the fourth Year of Her Majesty's Reign.

THOMAS BELLMAN, Speaker.

GUA within two Years.

The Record, to be admitted

as Evidence, if the Origi

nal is mislaid.

JOHN JOHNSON.

NEVIS.

An Act to secure the Payment of the Minister's Dues. WHEREAS notwithstanding the many good and pious Laws

which have been enacted, and still continue in force on the several Islands of this Government, for providing a convenient and certain Maintenance for the Clergy, it nevertheless so happens, that by the Avarice of some, and the Negligence of others, that Ministers of the Gospel, are in some Points, miserably disappointed of their legal Dues, and of a reasonable Support, in Contempt of Authority, in Breach of Public Faith, and to the great Scandal and Reproach of the Colonies :

No. 33.

receive 16,000

gar per An

ably.

II. Be it therefore, and it is hereby enacted by the Commander in Beneficed Chief of Her Majesty's Leeward Caribbee Islands in America, and the Clergymen to General Council, and General Assembly of the same, That every Pounds Clerk now presented, or who hereafter shall be presented by the Chief Weight of SuGovernor for the time being to any Benefice within any of these Your num, and so Majesty's Islands, St. Christopher's, Nevis, Antigua, and Montserrat, proportionshall be intitled to, and receive an Annual Stipend of sixteen thousand Pounds of good Merchantable Muscovado Sugar, and so in proportion to the Time he or they shall serve in their respective Cures; which said Stipend shall be raised, collected, and paid by such Methods as are already, or shall hereafter be established by the Vestry Acts of each See for ANTIparticular Island; but that if under any Colour or Pretext, or by any GUA, Act of VOL. I. Neglect (No. 80s. 16.

D

1st July, 1692