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assigns, in place of the ancient weapons of war called corbs, and be a full satisfaction for the same *.

Arrest.

No action of arrest shall be granted against a landed man or native within this isle, to imprison or hold him to bail, unless he has obtained the governor's pass, or that there is some other just cause to believe he designs to go off the island: and that any person prosecuted for a foreign debt by an action of arrest, shall be held to bail only for his personal appearance to such action, and for the forthcoming of what effects he hath within this island t.

No arrest for debt or contract without specialtty shall be granted but upon the affidavit in writing of the complainant, or some proper person in that behalf, according to the best of his judgment and belief, and not otherwise. Which affidavit is to specify the cause of such debt or contract, and that the same is just and reasonable, according to the nature thereof; which affidavit may be taken by the clerk of the rolls, or other person duly authorised by the court or magistrate for that purpose. And such affidavit shall be annexed to, and filed with the process of arrest; for the taking and filing thereof sevenpence only is to be paid. And pro. cess of arrest for debts due by specialty may be granted without affidavit, upon sight of such specialty, and a recital thereof in such process. Provided, That if any person who shall be liable to any civil process for debt, contract, or otherwise, shall be about to leave the island without settling the same, it shall be lawful for the person likely to be aggrieved (taking with him a civil officer), to stop such person, or cause him to be

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apprehended and detained for twenty-four hours, and no longer, until a regular process of arrest be obtain ed, or the matters adjusted.

All warrants to apprehend, and commitments in criminal cases, shall be issued upon the oath of the prosecutor or person aggrieved, setting forth the fact or cause of suspicion; or upon the return or verdict of a jury duly authorised, and not otherwise.

And in all cases where the party imprisoned shall think himself injured by frivolous or vexatious arrests in civil matters, or from commitments in criminal cases, such party may sue for damages against such prosecutor by action at common law

Assets.

No houses or lands, either quarter-land, mills, cottages, or intacks, purchased or acquired, shall be deemed to be personal effects or chattels, so as to be considered as assets in the hands of executors, or subject to be claimed by right of consanguinity, or next of kindred, in exclusion of the heir at law t.

Attorney.

No person shall plead in any court, except in his own cause, nor practise as an attorney or advocate, until he be first commissioned by the governor or lieutenant-governor, and hath taken the government oaths, and also the following oath." I A. B. do swear, that I will truly and honestly demean myself in the prac

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tice and knowledge of an attorney to the best of my ability."

No attorney shall become bail in any suit whatever, or carry on any suit by way of champerty; that is, by making any bargain beforehand, or during the plea, to have part of the subject in litigation, or any reward thereof, either by his own procurement or by others; nor to carry on any suit at his own charges upon the event of the cause. And if any be convicted of so offending, he shall be fined and imprisoned at the discretion of the court, for any time not exceeding three months, and be rendered incapable of practising the law thereafter. And if any champertor be discovered upon the trial of any cause, the judge before whom the same is depending, shall remit him over to be tried; and all trials for champerty shall be by a jury, as in other criminal cases; and the prosecution may be carried on either at the suit of the king, or the party grieved. Provided that this act shall not be understood to prohibit parents, near relations, or friends from giving aid or assistance to any party in suit; and that a grant or bargain to have a part of the thing in suit when recovered, to satisfy a just debt or other matter justly owing, shall not be champerty. And any poor person, destitute of relations and friends, who shall have any cause of suit, shall upon application to the court before which the suit depends, or is to be commenced, and making oath that he is not worth five pounds, be allowed to employ any attorney to carry on such suit, who shall be allowed to lay out his own money in the prosecution thereof, to be paid upon the event of the cause. And the court, at the request of such poor person, is authorised to allow him to give the attorney security for his trouble and expences upon the subject in dispute, by deed of sale, mortgage, or assignment, to such extent as the said court shall think reasonable, and such deed shall effectually operate upon the subject when recovered *.

* A. T. 1777.

Baron and Feme.

If a man wed a wife that is in a farm, her debts to be paid by her husband *.

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If any man forfeit his goods to the lord by felony, his wife shall not forfeit her part of the goods; but if the woman forfeit in felony, her husband may forsake her and her deeds; and if he does not, but conceals her deeds, he to stand as deep in the law as the woman †.

When husband or wife die, the debts temporal to be paid out of the whole goods, and the debts spiritual out of the dead's part 1.

If any man die, the wife to have one-half of all his goods, moveable and immoveable, and the debts to be paid out of the whole; and also the wife to have one-half of the tenement wherein she dwelleth during her widowhood §.

Upon the death of a husband before his wife, onehalf of the whole goods and chattels, purchased lands and premises, shall become the property of his widow, subject to one-half of the debts; but in case the wife dies before her husband, and without issue, her right in such goods and chattels, lands and premises, shall cease and determine, and the same remain wholly to the husband: Provided that nothing herein shall prevent a wife from making a will, even in the lifetime of her husband, in favour of the lawful issue of her body, or to her husband, but to no other person: Provided also, That this act shall not affect any articles, settlement, contract, agreement, or other deed made, or to be made and executed, by or between any party or parties married, either before or after their intermar riage, for the settlement of the purchased lands and pre

* Ordinance 1429.

+ Ord. of Council 1504.

Book of Spiritual Laws.

Book of Customary Law, 1577.

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mises, or personal estate of such parties, or either of them, married or to be married, but such deeds shall have their full effect, according to the true intent and meaning thereof.

Provided also, That nothing in this act shall exclude or restrain the purchaser or purchasers of such purchased lands, or acquired premises, from granting or devising the same as he, she, or they shall, by deed or will, think proper: And provided also, That nothing herein contained shall preclude or prevent the proprietors of lands, of whatsoever nature or tenure, from selling or alienating such lands and premises by deed duly executed, for a full and valuable consideration, as heretofore accustomed; or lessen the rights of mortgagees in any houses lands, or tenements, or of any persons possessed of leasehold estates for a term or term of years, or prejudice just creditors; but that such houses, lands, and tenements shall be held and enjoyed by them, according to their respective claims, rights, and interests therein. And it is further enacted, That all and every person and persons, being seiz ed of any lands of inheritance, shall be, and are hereby empowered to grant a lease of the whole, or any part of such estate of inheritance, for any term not exceeding twenty-one years in possession, and that the highest and most improved rent be had for the same *.

Bastard.

IF any die intestate, having no children legitimately begotten, but only base children, then the ordinary shall make and ordain, both of father and mother's side, to be lawful executors; and the base begotten to be rewarded of charity at the discretion of the ordinary.

*A. T. 1777.

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