CONTENTS.

Introduction, containing a short Account of the Island

SECTION I.

Of the Origin of the Court of King's Bench and Common

Pleas, and its Officers, and the Extent of its Jurisdic-

tion

PAGE

xi

1

SECTION II.

On commencing Actions, and of an Arrest, with the

Manner of putting in Bail

6

SECTION III.

On the Proceedings on Attachment

. 12

SECTION IV.

On the Declaration and other Pleadings, Motions in Court,

and Payment of Money therein, Proceedings on War-

rants of Attorney, and Confession of Judgment

SECTION V.

On the Defence of Actions, and setting down for Trial or

Argument

SECTION VI.

On the Jury Process and Witnesses, with the Mode of

taking Depositions before Trial, and Evidence

16

24

27

SECTION VII.

On Arbitration, Bills of Exceptions, Special Verdicts,

and the Entry of Judgments

SECTION VIII.

On Costs, Execution, and Proceedings thereon by the

Marshal

SECTION IX.

36

45

On the Court of Error, Appeal, and Complaints

. 72

On the Registry of Deeds, and the Method of Convey-

INTRODUCTION.

ST. VINCENT was discovered by Columbus on the 22d day of January 1498, being St. Vincent's day in the calendar. It is a very beautiful, healthy, and fertile island, lying in 13o. 10′. 15′′. latitude, and 61°. 30'. 51′′. longitude. The quantity of land is supposed to amount to about 84,286 acres. In the year 1763, the island was ceded to Great Britain in perpetuity, General Robert Melville being the first governor of it, together with Grenada, Dominica, Tobago, and the Grenadines: which islands were formed into one government by his Majesty's proclamation, dated the 7th day of October 1763; and by virtue of the powers given by that instrument, the general assemblies were established. In 1779, the island was captured by the French; and in 1783, it was restored to Great Britain. In

1776, a separate government for the island was established; and the house of assembly was regulated by an act passed in 1786: which form of government has continued • ever since. In 1780, the island suffered from the calamitous effects of a hurricane, whereby the church, public buildings, and many of the houses were destroyed, and many public records, and documents of various descriptions, were irretrievably lost. In 1795, the insurrection of the Charaibs commenced, aided by the French; which continued for more than two years. This event proved equally injurious to the public records, as they were frequently removed to different places for security, and suffered much from exposure; hence, with some partial exceptions, the titles to lands in the colony can only be traced back to 1776. In this war, the proprietors suffered very severely but the commencement of the prosperity of the island may be dated from this period, as the French were completely conquered, and the remaining Charaibs, except a few who took the oath of allegiance,

were conveyed to Rattan, in the bay of Honduras; and the island has ever since remained in a state of internal tranquillity. At present, the council consists of twelve members, and the house of assembly of nineteen, who meet four times in the year, at stated periods; and the governor is empowered to call them together at his pleasure. The form of passing acts in the two houses is the same as that used in Great Britain, with this addition, that after an act is assented to by the governor, it is proclaimed by the provost marshal general in the town of Kingstown, and entered, as of record, in the secretary's office; it takes effect from the date of the proclamation. All acts passed in the colony are liable to be disallowed by the King in council; and it is stated by Mr. Smith, in his edition of the laws of Grenada, that when a law is sent home for confirmation, and remains unnoticed for three years, it is presumed to be disallowed. He observes, the opinion prevailing in the colonies is the reverse; namely, if a law is not objected to in three