4th GEO. I. Nis. 158-160. Debts not ex A. D. 1717. XI. And be it, and it is hereby enacted by the Authority aforesaid, Suits for That all Debts due as aforesaid, not exceeding ten Pounds, Current ceeding 10 Money of this Island, shall be determined upon Complaint by the determinable Court alone without a Jury, for which no more Fees shall be taken without Jury. than for Complaints in the Courts of King's Bench and Common Fees as for Pleas. XII. And be it further enacted by the Authority aforesaid, That the Court hereby established shall be a Court of Record, during the Continuance of this Act, and the Jurors making Default of Appearance shall be liable to be fined by the Court in a Sum not exceeding forty Shillings; and that this Act shall continue in Force for three Years and no longer, from the Date thereof. Dated at the Town of St. John's, this eleventh Day of September, in the Year of our Lord God one thousand seven hundred and seventeen, and in the fourth Year of the Reign of our Sovereign Lord GEORGE, by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith. WALTER HAMILTON. by Court Complaints. Courta Court Absent Jurors ceeding 403. Made perpetual by Act of of Record: fined not ex 13th July, 1719, (No. 165,) S. 5. ASHTON WARNER, Speaker. CONFIRMED 1720, by Order An Act to enable Arthur Freeman, and Dorothy his No. 159. Wife, to sell and convey a certain Plantation within the 19th May, said Island, to raise Portions and make Provisions for of King in Henry Symes and Elizabeth Athy, Children of the said Dorothy by her former Husband George Symes, deceased. Dated 1st March, 1717. Council. PRIVATE. An Act for laying an Additional Duty upon Wines and No. 160. other Liquors, which shall be imported into this Island. REJECTED BY Order of King in Council, May 26th 1719. REJECTED by Order of King in Coun A. D. 1718. No. 161. An Act for declaring the Qualifications of those who shall vote for Assembly or Vestrymen in this Island, or serve as such, and for ascertaining the Rules, Rights, and Privileges of Assemblies. cil, 24th Aug. 1721. Dated 10th December, 1718. REJECTED by Order of King in Coun No. 162. An Act for establishing a Court of King's Bench, Common Pleas, and Errors, for the better regulating and settling due Methods for the Administration of Justice, and limiting a Time for issuing Execution out of the Court of Chancery in this Island. cil, 24th Aug. 1721. Dated 12th February, 1718. No. 163. An Act to quiet present Possessors of Lands, to limit Actions, and avoid Suits in Law. See with this, (No. 85.) WHEREAS upon the first Settlement of this Island, many Persons took up great Tracts of Land, who did not settle or improve the said Lands, but departed from the same, so that the said Island was in great Danger of being deserted and left uninhabited, had not the Government encouraged others to take up the said Lands, by giving Patents, Grants, and Warrants for the saine, which the Government thought might lawfully and reasonably be done upon the Failure of such Non-settlers; and many Persons also, for valuable Considerations, did make several Purchases of Lands and Tenements within this Island, which Purchasers, and after Settlers, as aforesaid, have made considerable Improvements at their great Expence both of Money and Time, and, since the late Wars with the French, have been at a Charge in Taxes, surmounting the Value of the said Land, and have exposed their Persons upon all Occasions in the Defence and Preservation of this His Majesty's Island, and have by their great Pains and Industry advanced the same, and have raised the Value of Lands therein to a very great Degree, as well as increased the 5th GEO. I. No. 163. A. D. 1718. the Revenue of the Crown: And whereas Suits are daily commenced and prosecuted against such Settlers and Purchasers, to their great Disquiet, upon Pretence of former antient Titles, contrary to Justice; therefore for preserving and quieting the said Purchasers and Settlers in their Possessions, and for preventing litigious Law Suits: Аст. Quiet Posses for five Years Title; II. We Your Majesty's most loyal and obedient Subjects the Governor in Chief in and over 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 Sacred Majesty that it may be enacted and ordained, and be it, and it is hereby enacted and ordained by the Authority aforesaid, That all Manner of Persons in Possession of any Lands or Tenements within this Island, and who sion of Lands have quietly possessed the same for the Space of five Years next before Act to before the Date of this Act, by Virtue of any Patent, Warrant, be sufficient Grant, Deed, or any other legal Conveyance whatsoever, duly recorded, shall, and are hereby confirmed in their Right and Title thereunto, and are hereby declared to have good Right and lawful Title to the same, for and during such Estate or Estates, as he, she, or they have, and are possessed of in the same, according to the Purport, and true Intent, and Meaning of such Patent, Grant, Warrant, Deed, or other Conveyance in Writing duly recorded, as aforesaid, against all Manner of Persons, their Heirs, Issues, Exe- and to bar fucutors, Administrators, and Assigns, claiming the said Lands or Tenements in Fee-Simple, or Fee-Tail, for Life, or Lives, or Years. III. Except always nevertheless such Persons as shall prosecute their Title to such Lands or Tenements within three Years after the Date of this Act, and such Persons being under Age of one and twenty Years, Women Covert, Persons of Nonsane Memory, or beyond the Seas out of this Government, or Persons in Prison, their Heirs, Executors, and Administrators, as shall prosecute their Title within three Years after their full Age, Discoverture, coming of sane Memory, or first Arrival within this Island, or Enlargement out of Prison. IV. Provided nevertheless, That this Act shall in no wise affect or bar any future Right that may arise or accrue to His Majesty, His Heirs, or Successors. ture Claims. Exceptagainst Suitors in three Years after Act, or Disability. Removal of Act not to bar any future Right of the King. Rights hereafter descend three Years V. And be it also enacted by the Authority aforesaid, That if any Person or Persons whatsoever (other than Heirs or Issues in Tail, ing not proor the Executors, Administrators, or Assigns of any Person having secuted in such present Right, as aforesaid) to whom any Right or Title of, in, after Accruer, or to any such Lands, Tenements, or Hereditaments, shall hereafter to be barred. descend Except against Suitors in three Years after Removal of Disability. Respecting ing when Act passed, Suitors in Times li mited, making out Title, to recover Value of Land. assessed by Jury trying Cause; in 5th GEO. I. No. 163. A. D. 1718. descend or come, do not prosecute such Right or Title within three Years after such Right or Title first accrued, fallen, or come, that then, he, she, or they, and all claiming by, from, or under them, or any of them, shall be for ever barred to recover the same in Law or Equity. VI. Excepting always, such married Women, Persons under Age, of nonsane Memory, or beyond the Seas out of this Island, or Persons in Prison, as shall prosecute their respective Rights within three Years next after their becoming discovert, of full Age, of sound Memory, or arriving within this Island, or being enlarged out of Prison. VII. Provided always, That if any Person or Persons whatsoever, now having any Right or Title of, in, or to any such Lands and Tenements, his, her, or their Heirs, Issues, Executors, Administrators, and Assigns, claiming the same in Fee-Simple or Fee-Tail, for Life, Lives, or Years, shall, and do prosecute, commence, or bring any Action, Suit, Bill, or Plaint whatsoever, for the Recovery of the same, within the respective Times herein before limited, and shall At Law, to be make appear a good and lawful Title to the same; then the Person so making such Title appear, shall recover the Value of the said Land; if such Recovery be at Common Law, the Value to be assessed Jury purpose by the Jury impanelled to try the said Cause; if the same shall be ly impannelrecovered in Equity, then a Writ to issue to the Provost Marshal, or his lawful Deputy, under the Great Seal of these Islands, or the Private Seal of the Commander in Chief, for the Time being, commanding him or them to impanel a Jury of twelve Freeholders of this Island, upon Oath (which the Provost Marshal, or his lawful Deputy, are hereby impowered to administer) to value the said Lands, for which Sum so valued and assessed, a Decree shall be given, and for no more; nor shall any Judgment or Decree pass for the said Lands and Tenements themselves, in the Cases aforesaid. led. Decree to be for Value only: not for the Lands. If future Rights prose VIII. Except only where future Rights shall hereafter fall, and be cuted accord prosecuted within the Times herein before expressed, in which Cases ing to the Li- the Lands, Tenements, and Hereditaments themselves are to be mitations, the Lands to be recovered. recovered. Jury to regard Circumstan in valuing Land. IX. Provided always, That the Jury in the before mentioned ces in Clause Cases do value the said Lands and Tenements, with respect to the Place where the same is situated, and the Time when the Person or Persons, under whom the present Possessors now claim, first derived their Title to the same, and with respect to the Estate the Person or Persons, Plaintiff 5th GEO. I. No. 163. A. D. 1718. Plaintiff or Plaintiffs, Defendant or Defendants, shall appear to hav eon such Trial; any Law, Usage, or Custom to the contrary in any wise notwithstanding. X. And whereas several Persons have purchased of former Trea- RECITAL. surers and Churchwardens of this island several Parcels of Lands, which have been sold for the Publick and Parochial Taxes, which have been, from Time to Time, assessed, and laid on such Lands, pursuant to the Laws of this Island then in Force, and have paid valuable Considerations for the same, and due Entry made thereof in the Books of the said Treasurers or Churchwardens; yet, through the Neglect or Omission of such Purchasers, Treasurers, and Churchwardens, no Deeds of Sale or Conveyance in Law are to be found on Record for the same; nor have several other Circumstances been observed, according to the Direction of the said Acts, in that Case made and provided: Аст. former Laws, XI. Be it therefore enacted by the Authority aforesaid, That all Purchasers of Person or Persons whatsoever, having purchased such Lands and Land from Tenements of any Treasurers or Churchwardens within this Island, Treasurer or being impowered to sell the same, by Virtue of the Acts aforesaid, dens, under for Non-payment of any Dues, Taxes, or Assessments, and due confirmed Entries made thereof in the Books of the said Treasurers or Churchwardens, are hereby declared lawfully and rightfully intitled to the same, and confirmed in the Possession thereof, to them, and their Heirs for ever, to all Intents and Purposes whatsoever, as though they had sufficient Deeds and Conveyances duly recorded for the same, and that all other Circumstances and Ways required by the before mentioned Acts, had been observed, executed and performed. where Suit XII. Provided, That Nothing contained in foregoing Clause, or Act not to any other Part of this Act, shall be construed to affect, impeach, or affect Title prejudice any Title to any Lands or Tenements whatsoever, for depending. which any Suits in Law or Equity have been commenced, and are now depending in the Courts of Common Law or Equity in this Island. XIII. And be it further enacted and ordained by the Authority Limitation of aforesaid, That all Actions of Trespass Quare clausum fregit, all Actions: Actions of Trespass, Detinue, Actions of Trover and Replevin for taking away Goods and Cattle, all Actions of Account and upon the Case (other than such Accounts as concern the Trade of Merchandizes between Merchant and Merchant, their Factors, or Servants) all Actions of Debt, for Arrearages of Rent, and all Actions of Debt grounded upon any Lending or Contract without Specialty; all VOL. I. Actions Dd |