On the Case for Debt, in three Years. Assault, &c. two Years. On the Case No. 163. 5th GEO. I. A.D. 1718. Actions of Assault, Menace, Battery, Wounding, or Imprisonment, or any of them, which shall be sued or brought at any Time after the Day of the Date hereof, shall be commenced and sued within the Time and Limitation hereafter expressed, and not after; that is to say, The said Actions upon the Case (other than for Slander) and the said Actions for Trespass, Debt, Detinue, and Replevin for Trespass, &c. Goods and Cattle, and the said Actions for Trespass Quare clausum fregit, within three Years next after the Day of the Date hereof, or within three Years next after the Cause of such Action or Suit, and not after; and the said Actions of Trespass of Assault, Battery, Wounding, Imprisonment, or any of them, within two Years next ensuing the Day of the Date hereof, or within two Years next after the Cause of such Action or Suit, and not after; and the said Action upon the Case for Words within one Year after the Day of the Date hereof, or within one Year next after the Words spoken, and not after. XIV. And nevertheless be it enacted, That if in any of the said Actions or Suits Judgment be given for the Plaintiff, and the same be reversed by Error, or a Verdict pass for the Plaintiff, and upon Matter alledged in Arrest of Judgment, the Judgment being given against the Plaintiff, that he take Nothing by his Plaint, Writ, or Bill, or if any of the said Actions shall be brought by Original, and the Defendant therein be outlawed, and shall after reverse the Outlawry, that in all such Cases the Party Plaintiff, his Heirs, Executors, or Administrators, as the Cause shall require, may commence a new Action or Suit, from Time to Time, within a Year after such Judgment reversed, or such Judgment given against the Plaintiff, or Outlawry reversed, and not after. for Words On Reversal, Judgment, or Outlawry, new Action may be com menced in a Year. Plea disclaiming Trespass, and previous Tender of sufficient Amends, to bar Action. any XV. And be it further enacted, That in all Actions of Trespass as involuntary, Quare clausum fregit, hereafter to be brought, wherein the Defendant or Defendants shall disclaim in his or their Plea to make Title or Claim to the Land, in which the Trespass is by the Declaration supposed to be done, and the Trespass be by Negligence, or involuntary, the Defendant or Defendants shall be admitted to plead a Disclaimer, or that the Trespass was by Negligence, or involuntary, and a Tender or Offer of sufficient Amends for such Trespass before the Action brought, whereupon, or upon some of them, the Plaintiff or Plaintiffs shall be forced to join Issue; and if the said Issue shall be found for the Defendant or Defendants, or the Plaintiff or Plaintiffs shall be nonsuited, the Plaintiff or Plaintiffs shall be clearly barred from the said Action or Actions, and all other Suits concerning the same. 5th GEO. I. No. 163. A. D. 1718.. XVI. And be it further enacted by the Authority aforesaid, That in all Actions upon the Case for slanderous Words, to be sued or prosecuted by any Person or Persons, in any of the Courts of Record in this Island, or in any Courts whatsoever that have Power to hold Plea of the same, after the Day of the Date hereof, if the Jury upon the Trial of the Issue in such Action, or the Jury that shall enquire of the Damages, do find and assess the Damage under forty Shillings, then the Plaintiff or Plaintiffs in such Action shall have and recover only so much Costs as the Damages so given or assest amount unto, without any further Increase of the same; any Law, Statute, Custom, or Usage to the contrary in any wise notwithstanding. In Actions of mages under 408. not to carry higher Costs. Slander, Da Persons under legal Disabili ty may bring Actions within Sect. 15, after Disability in the Times removed. XVII. Provided nevertheless, and be it further enacted, That if any Person or Persons, that is or shall be intitled to any such Action of Trespass, Detinue, Actions Sur-Trover, Replevin, Actions of Accounts, Actions of Debts, Actions of Trespass, for Assault, Menace, Battery, Wounding, or Imprisonment, Actions upon the Case for Words, be, or shall be, at the Time of any such Cause of Action given or accrued, fallen, or come, within the Age of twenty-one Years, Feme Covert, non compos Mentis, in Prison, or beyond the Seas, that then such Person or Persons shall be at Liberty to bring the same Actions, so as they take the same within such Times, as are before limited after their coming to, or being of full Age, discovert, or sane Memory, at large, and returned from beyond Seas into any Part of this Island, as other Persons having no such Impediment should have done. XVIII. And be it further enacted by the Authority aforesaid, Act of 8th That one Act passed in this Island, intituled, An Act to quiet present (No. 156,) rePossessors of Lands, to limit Actions, and avoid Suits of Law, dated the eighth Day of February, one thousand seven hundred and sixteen, shall be repealed, and the same is hereby repealed and made void. Dated at the Town of St. John's, this twenty-eighth Day of February, in the fifth Year of the Reign of our Sovereign Lord GEORGE, by the Grace of God, King of Great Britain, France, and Ireland, Defender of the Faith, &c. and in the Year of our Lord God, one thousand seven hundred and eighteen. ASHTON WARNER, Speaker. WALTER HAMILTON. Feb. 1716, pealed. 5th GEO. I. Nis. 164, 165. A. D. 1719. No. 164. An Act for the better securing and confirming the Title of George Thomas, Nephew and Heir to William Thomas, late of the said Island, Esquire, deceased, to certain Lands and Negroes purchased of John Barnes, Gentleman, by the said William Thomas. PRIVATE. RHODES HOUSE Dated 13th July, 1719. LEIA OXFORD LIBRARY No. 165. An Act to alter and amend an Act, intituled, An Act for ENLARGED, with the Ori ginal Act, by RECITAL. Part of No. tended with ill Effects. constituting a Court Merchant. WHEREAS by an Act, intituled, An Act for constituting a Court Merchant, dated at the Town of St. John's, the eleventh Day of Sep158, S. 6. at tember, in the Year of our Lord God one thousand seven hundred and seventeen, it is among other Things enacted, That all Goods, Chattels, and Negroes, taken in Execution for any Debt, recovered by Virtue of that Act, shall be exposed to sale by Publick Outcry, at the highest Price then offered, in the Manner therein directed:' Which, by the great Scarceness of Money in this Island, proves of very ill Consequence, by causing many Persons to dispose of their Sugar, Rum, Cotton, and other Produce of this Island, at an Under-value: Аст. If Produce II. We therefore Your Majesty's most loyal, dutiful, 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 Sacred Majesty that it may be enacted and ordained, and be it, and it is hereby enacted and ordained by the Authority aforesaid, That whenever any Sugar, Rum, taken in Exe- Cotton, Molasses, Ginger, Indigo, Tobacco, or any other the Produce of this Island, shall be taken in Execution, by Virtue of the above recited Act, that a Warrant shall issue under the Hand and Seal of the Chief Justice of the said Island, or, in case of his Sickness or Absence, under the Hand and Seal of the next Senior Judge of the Court, commanding the Plaintiff and Defendant within two Days to nominate two Persons, on each of their Behalf, to value and appraise upon Oath cution, Parties to name two Appraisers each. 5th GEO. I. No. 165. A. D. 1719. Oath, as usual, such Sugar, Rum, Cotton, and other the Produce of the said Island, as abovementioned, together with the Cask or Bag wherein the same is contained; and in case either Party shall refuse to nominate Appraisers as aforesaid, or that the Appraisers so nominated shall neglect or refuse to act, or shall not agree at what Rate to value the said Goods, that then and in such Case the Chief Judge (or, in his Sickness or Absence, the next Senior Judge) is hereby ordered and directed to nominate an Appraiser or Umpire to value the same, and the said Commodities, when valued and appraised as aforesaid, shall be delivered to the Plaintiff in Satisfaction of his Debt; and if such Goods, when appraised, shall come to more than will pay the Plaintiff's Debt, that in such Case the Plaintiff shall satisfy the Defendant for such Overplus. Appraiser or Umpire disobeying Warrant to forfeit 501. III. And be it further enacted, That when any Appraiser or Appraisers, or Umpire, so nominated, and being duly served with the Warrant, shall neglect or refuse to act, pursuant to such Warrant, he or they shall respectively forfeit the Sum of fifty Pounds Current Money of this Island; and an Attachment to issue against such Person or Persons refusing to pay the same; and when paid, to be applied to the Use of His Majesty, His Heirs, and Successors; one Moiety Application of towards building and repairing the Forts and Fortifications of this Island, and the other Moiety towards defraying the Charges of holding the said Court; and if such Umpire appointed by the Chief Justice, or Senior Judge, shall refuse to act as aforesaid, that then the Chief Justice, or Senior Judge, is hereby authorized to appoint any other Person to be Umpire, who shall be under the same Penalties as Appraisers and Umpires beforementioned. IV. And be it further enacted by the Authority aforesaid, That Sugar, Rum, Cotton, Molasses, Ginger, Indigo, Tobacco, or any other merchantable Commodities of the Produce of this Island, brought down to any legal Paying-place in this Island (unless a Place be particularly agreed on) in Casks or Bags, and there tendered (four Days Notice being given of such Tender) shall be a good and legal Tender in all Cases within this Act, provided the same be tendered at a Price that shall be approved by the Jury that tries the Cause. V. And whereas the said Act for constituting a Court Merchant is but temporary, and being found a good and useful Law; be it, and it is hereby enacted and declared, That the same, with the Alterations made by this Act, shall be, and is hereby made perpetual; any Thing in the said recited Act notwithstanding. Dated Fine. Umpire refu sing to act, Judge to ap point new. Produce brought to le Act No. 158, as altered by petual. 1 5th GEO. I. Nis. 165-167. A. D. 1719. Dated at the Town of Parham, the thirteenth Day of July, in the fifth 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, &c. and in the Year of our Lord God one thousand seven hundred and nineteen. ASHTON WARNER, Speaker. WALTER HAMILTON. PRIVATE No. 166. An Act for encouraging of Thomas Sainthill in his new Projection of hanging Coppers in this Island for boiling of Sugar, and for making small and cheap Wind-mills, for the more easy and speedy grinding of Canes, likewise for building Horizontal Wind-mills for grinding of Canes; and likewise an Engine for forcing of Water in Boiling-houses or Still-houses, from any Depth; and for building of Lime-Kilns to burn Lime after a more easy and expeditious Manner, than hath been yet found out, with Brush, Fieldtrash, or any Sort of small Wood. Dated 7th November, 1719. No. 167. An Act for encouraging of John Slap in his new Projection PRIVATE. of making of a Mill for the more easy and speedy grinding of Canes, and likewise, when the Wind doth not serve, to go with Horses. ! Dated 30th March, 1721. An |