Other Pro ceedings as before. Where seve ral Plaintiffs or Defendants, and one dies, abate, if Cause Action not to of Action sur vives. Several Pleas, not more than three, may be pleaded, by Leave of the Court. On Demurrer, Opinion of having proba No. 475. 31st GEO. III. XXXIV. And be it further enacted by the Authority aforesaid, That if there be two or more Plaintiffs or Defendants, and one or more of them shall die, if the Cause of Action shall survive to the surviving Plaintiff or Plaintiffs, or against the surviving Defendant or Defendants, the Writ or Action shall not be thereby abated: but, such Death being suggested upon the Record, the Action shall proceed, at the Suit of the surviving Plaintiff or Plaintiffs, against the surviving Defendant or Defendants. XXXV. And be it further enacted by the Authority aforesaid, That it shall and may be lawful for any Defendant or Tenant in any Action or Suit, or for any Plaintiff in replevin, with Leave of the Court, to plead as many several Matters thereto as he shall think necessary for his Defence; so as he does not plead more than three Pleas by pleading such several Matters. Provided always, That if any such Matter shall upon Demurrer joined be judged sufficient, Costs shall be given at the Discretion of the Court; or if a Verdict shall be found, upon any Issue in the said Cause, for the Plaintiff or Pleas,-to re- Defendant, Costs shall be also given in the like Manner; unless the gulate Costs. Court shall be of Opinion, that the said Defendant, or Tenant, or Plaintiff in replevin, had a probable Cause to plead such Matter, which upon the said Issue shall be found against him. Provided altend to Plead ways, That Nothing herein-before contained shall extend to any Writ, Declaration, or Suit of Appeal of Felony, or Murder; or to any Indictment of Treason, Felony, or Murder, or other Matter; or Proceedings to any Process upon any of them; or to any Writ, Bill, Action, or Information, upon any Penal Law or Statute. Nothing in Clause to ex of Felony or Murder, or on PenalLaws. No dilatory Plea to be re ceived with out Affidavit, Cause shewn or probable that Plea is true. XXXVI. And be it further enacted by the Authority aforesaid, That no dilatory Plea shall be received in any Court of Record, unless the Party offering such Plea do by Affidavit prove the Truth thereof, or shew some probable Matter to the Court, to induce them to believe that the Fact of such dilatory Plea is true. 31st GEO. III. ISLAND OF ANTIGUA. A. D. 1791. tutes relating: XXXVII. And be it further enacted by the Authority aforesaid, English StaThat all Statutes, made in England, for the helping of Jeofails or to Jeofails to Mispleadings, shall be of force within this Island; as far as the same be in force in Statutes, or any Part of the same Statutes, do provide for such Jeofails or Mispleadings only. Antigua. Bonds or Bills penal, Jury to find Interest. be for Plain ary. facias or Debt. ed to Scire where Defendant indebted XXXVIII. And be it further enacted by the Authority aforesaid, In Actions on That in Actions, on Bonds and Bills penal, for Payment of less Sums be pleaded of Money, the Defendant may plead Payment of the Money men- Payment may tioned in the Condition generally, and need not plead it precisely at generally. or before the Day; and if Issue be joined upon such Plea, the Jury If Sum paid, shall enquire what is due, and if the same be all paid shall find for for Defendant; the Defendant; and if any Thing due, shall enquire and settle and unpaid, or find for the Plaintiff what is due distinctly for Principal, and Interest; Jury to settle and in such last Case, Judgment shall go for the Plaintiff for the Principal and Penalty, to remain cautionary, for the Payment of the whole Sum Judgment, in that shall be then due for Principal and Interest, with Interest as last Case, to aforesaid upon the whole principal Sum then due, from the Day tiff, and reof the Verdict until Payment: unless otherwise stipulated in the main cautionCondition or Bill, in which Case the Interest to be accordingly. Judgment XXXIX. And be it further enacted by the Authority aforesaid, Payment after That Payment after Judgment shall and may be pleadable to a Scire may be pleadfacias or Debt on a Judgment; and the Jury shall enquire and settle what is due, if the Defendant plead such Plea. And where there is Money due, from the Defendant to the Plaintiff, both on Bond and Specialty, and on simple Contract, or on Specialty, Bond, and Judg- and simple ment also, and Payments have been made generally, such Payments Contract, and shall be adjudged and allowed, and shall be applied as follows, viz. been made geFirst towards the simple Contract, as far as necessary to discharge nerally, they the same; but if there be no simple Contract it shall be allowed as as made, first, Payment, first towards the Bond or Specialty; and if there be a Judgment also, the last Application shall be towards such Judgment; unless there be a Receipt, or Discharge in Writing, specifying it to be expressly towards the Bond, or towards the Judgment; or that there was no simple Contract or Specialty due at the Time such Payment was made, whereto the Application might be made..beer XL. And be it further enacted by the Authority aforesaid, That where there are mutual Debts betweeen any Plaintiff or Plaintiffs, and Defendant or Defendants, or, if either Party sue or be sued as Executor or Administrator, where there are mutual Debts due to or from the Testator or Intestate, and either Party, one Debt may be set against the other; and such Matter may be given in Evidence upon both on Bond Paymentshave simple Con on Account of tract; secondlastly, of Judg ment. ly, of Bond; between Plain Mutual Debts tiff and Defendant may be set-off; So as Notice and Particalars of Debt be delivered six Days before Trial. No. 475. A. D. 1791 31st GEO. III. upon the General Issue, or pleaded in Bar, as the Nature of the Case shall require so as where any such Debt of the Plaintiff or Plaintiffs, or his, her, or their Testator or Intestate, is intended to be insisted on in Evidence by the Defendant or Defendants, Notice shall be given in Writing to the Plaintiff or Plaintiffs, or his, her, or their Counsel or Attorney, six Days before the Trial of the Cause, (inclusive of the Day of serving such Notice,) of the particular Sum or Debt so intended to be insisted on, and upon what Account it became due; or otherwise such Matter shall not be allowed in EviSum allowed dence upon the General Issue. And to prevent all future Disputes discount, to that may arise touching the Matter so given in discount, the Person or Persons, giving such Notice of Discount as aforesaid, shall, immediately after the Jury shall have given their Verdict, make out an Account of all such Matters as shall be allowed by the Jury upon such Discount; which Account shall be signed by the Foreman of such Jury, and annexed to the Proceedings in the Cause where such Discount shall be given, and filed and left in the Secretary's Office of this Island, and there recorded at length, among the Proceedings in the said Cause. by Jury, in be recorded. XLI. And whereas many Plaintiffs are often desirous of declaring for, or stating the Damage in his, her, or their Action, at the Sun or Sums of Money, really, due and owing, upon a fair Settlement of Accounts: but are deterred therefrom, least the Defendant or Defendants should set-off some Debt or Demand, equal to or exceeding the Balance or Sum then demanded or sued for, and thereby compel the said Plaintiffs to become nonsuit: And whereas it often happens that there have been very considerable Dealings between such Plaintiffs and Defendants, but, upon a fair Settlement of Accounts, the Balance or Sum really due may be small or inconsiderable, and by reason of such Plaintiffs declaring for such Sum or Sums of Money, as will be sufficient to include or cover the whole of his, her, or their Debt or Demand, without deducting therefrom, or allowing for the Sum or Sums of Money due to the Defendant or Defendants, such Defendant or Defendants have often been very much injured in their Credit, and, in consequence thereof, other. Suits have been Plaintiff may immediately commenced against them; be it therefore enacted and ordained by the Authority aforesaid, That it shall and may be lawful to and for any Plaintiff or Plaintiffs, if he, she, or they shall think proper, in any Action of Trespass upon the Case, to declare for, or state his, her, or their Damage at the Sum or Sums of Money supposed to be then, really, due or owing from the Defendant or Defendants; declare for what is sup posed to be due on Ba. lance. 31st GEO. III. No. 475. dence that been already A. D. 1791. Defendants; and if such Defendant or Defendants shall give Notice If Notice of Set-off given, of an Intention to make any Set-off in or to such Action, it shall Plaintiff may and may be lawful to and for such Plaintiff or Plaintiffs, at the Trial give-in Eviof such Action, or in any future Action or Suit between the same Sum offered to Parties, or their or either of their Representatives, to give in Evi- best dence, and shew to the Jury, that the Sum or Sums of Money in - credited. tended to be set-off have been already discounted with, and credited or allowed to such Defendant or Defendants, in the Account for the Balance whereof the said Action hath been brought, or any former Verdict or Judgment obtained; and the Jury, upon the Trial of such for so much Action, shall find a Verdict for so much as upon a fair Settlement Settlement, of Accounts shall appear to be then actually due to such Plaintiff or appears due: Plaintiffs; or, if Nothing shall appear to be due, shall find a Verdict due, to find for the Defendant or Defendants. Jury to find If Nothing forDefendant. Plaintiff to de of Demand in six Days after Request of Defendant. XLII. And be it further enacted by the Authority aforesaid, That In Actions in all Actions of Trespass upon the Case, for Goods sold and deli- of Assumpsit, vered, Money had and received, lent or paid, laid out and expended, liver Account the Plaintiff or Plaintiffs, or his, her, or their Counsel, shall, within six Days after a Request in Writing, signed by the Defendant or Defendants, or his, her, or their Counsel, deliver unto such Defendant or Defendants, or his, her, or their Counsel, a Note or Account in Writing, of the particular Charges or Demands which such Plaintiff or Plaintiffs means or intends to insist upon, or give in Evidence at the Trial of the Cause; and the Defendant or Defendants shall not be compelled to appear or plead to the Action, until such Account has been given: provided such Request be made in due Time, so as not to occasion any Delay in the Proceedings or Trial of the said Cause. or Demurrer fore next and Notice ty-six Hours: XLIII. And be it further enacted by the Authority aforesaid, Special Plea That where any special Plea or Demurrer is pleaded or filed, to any to be filed fifAction or Suit commenced in the said Court of Common Pleas, such teen Days bespecial Plea or Demurrer shall be filed in the Secretary's Office, at least Court after fifteen Days before the holding of the next Court after filing of the Declaration; Declaration; and the Defendant or Defendants, or his, her, or their given in thirCounsel, shall, within thirty-six Hours after the filing of such spe- or Defendant cial Plea or Demurrer, give Notice to the Plaintiff or Plaintiffs, or his, her, or their Counsel, of the filing thereof; or in Default thereof, the said Plea or Demurrer shall be set aside, and the Defendant or Defendants obliged to plead the General Issue, and go to Trial at the said next Court; unless the Court, upon good Cause shewn, and Exception. Payment of Costs, shall think proper to order such Plea or Demurrer VOL II. E "to to plead Gene raf Issue. in five Days; Rejoinder or Demurrer, thirty-six Hours; Further Plead ings thirty-six 3st GEO. III. No. 475. A. D. 1791: Replication or to be accepted: And where any special Plea or Demurrer hath been Demurrer in duly filed, the Plaintiff or Plaintiffs shall file a Replication, or Joinder in Demurrer, within five Days, next after the Day upon which Notice was given of the filing such special Plea or Demurrer; and the Defendant or Defendants shall, within thirty-six Hours after Notice of filing a Replication, file a Rejoinder, or Demurrer: And if any further Pleadings are had between the Parties, the same shall be respectively filed in the Secretary's Office, within thirty-six Hours after Notice given of a Sur-rejoinder, Demurrer, or other Pleading, from either Party; or in Default thereof, Judgment may be entered against the Party so making Default, unless the Court, upon Cause shewn, faulter unless and Payment of Costs, shall think proper to enlarge or dispense Court enlarge with the Time herein-before limited. And all Declarations, Demurrers, and other Pleadings, shall be signed, before filing, by some Counsel qualified to practise in the said Court, as herein-before required. Hours, after vious ing. Judgment against De Time. Pleadings to be signed by Council. Special Ver. dict or De Chief Justice Justices. In case of Jus- tice absent or XLIV. And be it further enacted by the Authority aforesaid, murrer to be That where any special Verdict is found, or Demurrer joined, in any determined by Cause or Suit, such special Verdict, or Demurrer, shall be heard, and two other adjudged, and determined, by the Chief Justice, and any two of the Justices of the said Court, on such Days and Times as shall be appointed by the Court: And if there shall not be two Justices in the said Island, or either of the said Justices shall be a Party in the said Suit, then by the said Chief Justice, and any one of the Justices, not being a Party in the said Suit: But if it shall happen that the said Chief Justice shall be absent from the said Island, unable to attend, or a Party in the said Suit, then such special Verdict or Demurrer, shall and may be heard, adjudged, and determined, by any three Justices of the said Court, if there shall be so many present in the said Island of Antigua, and if not, then by any two of the said Justices. If but oneJus. And if a sufficient Number of Justices shall not appear at the Day tice present, he may adjourn the Hearing. appointed, to hear the said Verdict, Demurrer, or special Matter argued, then such Default shall be no Discontinuance: but any one Justice may adjourn the Court, and appoint any other Day, for hearing the said Verdict, Demurrer, or special Matter argued, and giving Judgment thereon; and so adjourn, from time to time, as Occasion If no Court, shall require. And in case no one Justice shall appear at the Day, on Applica then the Cause shall not be discontinued for want of Adjournment, tion of either but the Chief Justice, if no Party, nor sick, nor absent, may appoint sel, may ap- another Day and Place, on Application of the Plaintiff's or Defenpoint another dant's Counsel, by Summons under his Hand, for hearing and deter Chief Justice, Party's Coun Day. |