Barbados. Laws, etc. An Act of Assembly of Barbadoes to regulate sales at outcry and the proceedings of persons executing the office of Provost Marshall General of the said island and their under officers, 1763. HLS MS 1046, Harvard Law School Library.

Barbadoes

Francis Reynolds Esquire Provost. Marshall General of Barbado's . . . . . . . . . . . . . . . . Petr. agt.

An Act of Assembly of Barbadoes to regulate Sales at Outcry and the proceedings of Persons executing the Office of Provost Marshall General of the said Island and their Under Officers.

1st. The act passed in Barbado's in 1762 . . . . .

The Act recites, that notwithstanding the several laws to regulate [ ? ] sales at outcry and the proceedings of persons executing the office of Provost Marshall General of said island such irregular and unwarrantable practices had been lately introduced as were become grievous & intolerable to the In[ ? ] as well in respect to the proceedings of the acting Deputy Marshall himself, as of the under officers by him deputed. To the end therefore that justice might be done and all cause of complaint be removed.

[in margin beside the above paragraph, in another hand:] Bad things may have been done [end of note]

Sect. 2d Effects levied in Execution to be continued in the possion of the Debtor

Enacts that for the future whenever any slaves or personal estate shall be attached on any execution if the def[endan]t chuses to keep them the same shall not on any pretense whatsoever be taken out of possession of the person from whom they are attached but shall be left to be produced by such person on the day of sale upon a summon for that purpose according to the antient usage and custom

[in margin beside the above paragraph, in another hand:] J. No such usage Provn. alters the law [Duty?] in the officer next [ ? ] contary to it Atty. Genl. states it the reverse [end of note]

Sect 3d. For punishing debtors purloining the effects levied on or lost in their possession

But that such long accustomed indulgence intended to be continued to the debtor by permitting him still as usual to retain his effects after they had been attached may not afford him an opportunity of defrauding the creditor. The Act provides that if the creditor shall have good cause to suspect the debtor intends to make away with the effects attached either during the time by law appointed for sale thereof at outcry or between that and the coming in of the outcrys. Then the creditor or his or her representative shall upon oath that he has good cause to suspect the same inform the chief baron or chief judge of the court thereof who in case the said goods shall happen to be attached during the time appointed by law for the sale thereof at outcry shall order the marshall to take immediately into his custody all such effects so attached. And if any of said effects are not to be found and the debtor cannot prove to the satisfaction of the said chief baron or chief judge that such effects are lost or miscarried without his wilful default it shall then be taken for granted that the debtor is guilty of making them away. And the chief baron or chief judge is then required to proceed as is directed by the law in cases of goods made away with by the def[endan]t after the same had been legally attached. And if it shall happen that such effects had been attached from any debotr, between the expiration of the time limitted by law for sale of such goods at outcry and the coming in of such outcry, tehn upon such oath as aforesaid to be made by the creditor the chief baron or chief judge shall order the Marshall to require immediate security for the forthcomning of all such effects attached during that interval of time, and in case the debtor shall refuse to give, or be unable to procure such security, then the chief baron or chief judge shall proceed in respect to such debtor & his effects attached as before directed in relation to such effects as shall happen to be attached during the time appointed by law for sale thereof at outcry. And if it shall appear to the chief baron or chief judge that the debtor is guilty of making away with any of the effects after being attached then he shall proceed against the debtor in such manner as the law directs in that respect.

[in margin beside the above paragraph, in another hand:] Difficulty upon the cred'r / either to admit the oath in all cases. then if repeals the [1st?] clause or only where there is a probable cause then the diff'y is very unjustly laid on the creditor [end of note]

Sect. 4th For punishing the marshall in a very extraordinary way in case of misbehaviour in the sales of any goods levied on

And that all p'sons creditors or debtors who think themselves aggrieved by unfair or collusive proceedings of the officer or party may be relieved in the [premes?] it is enacted that whoever shall show cause why any sale at outcry shall be made void on that account, may be petition to the chief baron chief judge or justice of the peace from whom the execution issued be heard upon the same (which petition shall be preferred within two days aftger the sale or else the sd. sale and .. Proceedings

[in margin beside the above paragraph, in another hand:] Single Judge [end of note]

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[margin,different hand, beside the text below:] Nothing of more importance than to encourage the bidders at judicial sales - this discourages them [/margin]

[margin, different hand, beside text below:] Differently on the [?] by this. to deterr Bidders. [/margin]

[continued text] proceedings shall stand valid / tho Marshall or other officer and all Persons who can give Evidence thereon shall on Notice by Summons from the said Judge or Justice appear before them on the day appointed and thos.d Judge or Justice is empowered and required to Examine on oath the Marshall or other Officer, and all others That he may fully determine on the Meritt of the Petition which shall be heard within 10 days after proferred -- And if it shall appear the goods have been Sold in a secret Clandestine fraudulent illegal manner or that the Officer by means of any illegal or unfair proceeding or contrivance bought or procured the Same to be

[margin, different hand, beside text below:] Under Value D.{?} will always find a Person to bid more -- Just.ces [Justices] here in Sales by the [ct.?] of [Chry?] . ---[/margin] [margin] [writt?] [/margin] [?] [perf.?] besides on Buyers refusing to deliver NB.

[continued text:] bought for himself or his principal or other person at an under value or if any Arts frauds deceits or -- collusion shall have been used at Such outcry with the privity or procurem.t {procurement} of the Officers to the prejudice of Debtor or Creditor such Sale is declared void And the Goods be again put up to Sale at the next Markett day to the best bidder without any New Expence to the Debtor And if such Goods shall have been delivered to the Buyer and he shall refuse to redeliver the same to be again Set up to Sale an --- Attachment shall issue ag.t {against} him for such Transgression and he shall forfeit to the use of the party aggrieved such a Sum as the Court or Justice shall award / any thing contained in an Act of Barbado's -- Intitled an Act for Establishing the Courts of Common Pleas in this Island [?] dated 29.th Aug.t {29th August}

[margin, different hand, beside text below:] M. 9 Power to a single Judge examining the Marshall on oath to involve him in Penaltys [/margin]

[text continues:] 1661 or in one other Act Intitled An Act to Secure the peaceable possession of Negroes & other -- Slaves to the Inhabitants of this Island [?] dated 24.th June 1709 notwithstanding/ Provided that such Forfeiture does not exceed £20 --- And that such forfeiture as aforesaid and all other forfeitures Fines or Penalties to which the Marshall shall be liable by any power given

by this Act to the Chief Baron or Chief Judge shall not be imposed on him unless in full Court & with the consent of the Majority of the s.d {said} Court and not otherwise -- And if the Marshall shall not pay such forfeiture within two days Execution is to issue to levy the same forfeiture --- But if after hearing the Petition it shall appear there was no just Cause to Object to the proceedings then reasonable Costs to be paid by the Pet.r{Petitioner} N.B.See the above two Acts [to?]:[8?].

[margin, different hand, beside text below:] Sect.{Section} 5th For indulging Purchasers of Goods levyed on with alongday of paym.t {payment} and for Security giving a recourse ag.st {against} the Goods Sold.. [J.?] By these acts 5 days to pay/ after [that?][?] for the Term unpaid @ 20 pct.{percent} [/margin]

[text continues:] And Enacts that if on the Sale of Effects at Outcry the Creditor shall be inclined to Indulge the Purchasor with a longer time than is by the said 2 Acts dated 29.th of Augt {August} 1661 --- And 7th June 1709 prescribed for the payment of the Sum bid at Outcry such Effects in whose hands soever they may be notwithstanding any Gift Grant Sale Devise Livery Transfer or Alienation thereof by the Purchasor or notwithstanding the s.d {said} purchasor should dye& the s.d {said} Effects sho.d {should] thereupon come to the hands of his or her Exors or Admors the same shall nevertheless be deemed [if?] they are hereby declared to be Still Subject to a writ of 20[per] Cent.[?] / Provided such Writ issue within 6 months after such Sale / and is to have priority to all other Judgments Executions and process whatsoever And all other Rights Titles or Claims whatsoever against such Purchaser at Outcry --

[margin, different hand, alongside text below:] By this a longer time may be allowed by the Cred.r [Creditor]. But for his benefit he may in 6 months [?]out a writ of 20 p.ct. {20 percent} which is to have relation [?] be a specifick Lien on all the [Effects?] in whatever hands. [/margin]

[text continues:] and against any Purchasor under him or against any [?] to whose possession the said Effects may come by any Means whatsoever any thing in thos.d Acts of 29th Aug.t [29th August] 1661 --- And [strikeout] [24th] [/strikeout] 7th June 1709 notwithstanding --- But if the Creditor giving such Indulgence shall neglect to take out and proceed on s.d {said} writ of 20 [per] ct. {per cent} as afores.d {aforesaid} then the Effects so bought shall be incorporated with the other --- Effects of the Purchasor and be Subject to his Debts and Incumbrances as if he had paid for the Same [following above text, in different hand:] [Judge or Court?] two Acts in [?]:[8?].

[margin, different hand, alongside text below:] If the Purchasor dies - in a [course?] of [?] to pay debts [relation?] of the [?] writ of 20 p.ct. [percent] [?]truitive of all credit -- introd.ve of all [/margin] [margin, written in apparently same hand as text which it is positioned beside:] For punishing of the Marshall in a most extraordinary way in case of any delay of his inforcing the purchasors [purchasers] of Goods Sold on Levys to pay for the Same & to make him answerable for the Money by a Short day --------- [/margin]

[text continues:] Enacts That the Marshall shall immediately after the Expiration of the time by Law allowed to the purchasor for payment of the Sum bid at Outcry to take out a Writt of 20 [symbol] ct.{percent} against him/ if the Creditor shall not give such Indulgence as aforesaid / And if the Marshall or Constable shall -- refuse or delay / as hath of late been Unwarrantably practiced / to pay the Creditor what is due or so much as the Goods Sold at Outcry produced within 20 days after the time allowed for payment on such (2) (Sale

To explain [[?]] 2 first-

M.

Summary complt. [complete?] det.d {determined} by a single Judge Penalty of 20 p.ct. {percent} for not paying the Money forthwith [?] of great [consig.le?] may be thus Determined -- No necessity M. may be [?] now to bring the Money into it -- Sale; Or if it offer the Creditor has given Such Indulgence he shall take out a Writt {Writ} of 20 per cent [%] and the Marshall shall affect delays or having raised the Money shall not forthwith pay the Same to the Creditor then the Creditor may Complain by [?] to the Chief Baron Chief [Indgoor?] Justice from whom the -- Execution issued of Such Delay which Petition shall be heard within 10 days And if the Complaint be made ag.t {against} the Marshall the Chief Baron or Chief Judge /unless cause be Shown why the Money could not be raised and paid /shall Issue an Execution ag.t {against} the Marshall for the whole Sum which he ought to have paid with the Addition of 20 [symbol] [Ct] {percent} -- And on Complaints to be made to any Justice against Constables such Justice is to proceed ag.t {against} the Constable for the Sum he ought to have paid with an Addn.{Addition} of 20 [symbol] ct. {percent} in mannor as is practiced in Casos of Serot.s wages. The whole Clause Sect. {Section} 7.th Laying Creditors under a disability of taking Execution for their Debts without a previous Oath of what is justly due to them - - - - - - - - - -

Recites that there is suffic.t {sufficient} ground to Suspect That prior Creditors have frequently upon ---- Executions Received the whole Sum for which the Execution issued when only a Small part was due --- which Practice the Debtor when totally ruined is unable to enquire into or not Interested to discover By means whereof the [Senior?] Creditors have been defrauded of their Debts when if due Credit had The Cred.r {Creditor} is to take out [?] at his Peril -- that is enough the [?] is too difficult a restraint --

been given the Debtor might have had suffic.t {Sufficient} Estate to Satisfy the Demands of all his Creditors ------- For Remedy Thereof Enacts that when Directions and given for levying any [Execucon?] lodged in the Marshalls {Marshall's} Office every Creditor or his Representative Attorney or Assigner shall make Oath or Solemn Affirmation if a [?] before some Justice of Peace of the Sum justly due And the s.d {said} Marshall is directed to file such Affidavits And unless such Affidavit or Affirmation shall be delivered to the Marshall no Moneys shall be raised on such Executions ----- Proviso that all Creditors -- Absent from the Island and resident within his Majesty's Dominions to make such Affid.t {Affidavit} are ---

no Prov.n {Provision} for Cred.rs {Creditors}: absent in foreign Part: It does not avail Him, bec. [because] the judgt.t {judgment} is only a Lien

---------------------------------------------------------------------------------------------------------- Affirmation before any Cheif {Chief} Magistrate of any City or Town or Judge of any of his Majesty's Courts to be certifed under the Common Seal of Such City or Town or Seal of Office where the Party shall be Resident

Sect {Section} 8.th Enforcing an Old Act by a New Remedy of a very Unusual Nature J. M. 9

Recites that An Act made the 19th Dec.r {December} 1688 Entituled {Entitled} An Act for the better regulating of Outcries in open Market, has at times been notoriously evaded and transgressed by the Marshall of other Officers at Such Sales Therefore Enacts That for the future the Acting Marshall & Under Officers shall Conform themselves to His Directions in thos.d Act/ And upon Acting Contrary thereto in any particular mentioned in thos.d Act/ Save only in such Cases wherein this or any other Act

The former Law is Sufficient This [mischievous?] bec. {because} of the Hardship on the Pchaser [Purchaser?]

Act may have otherwise provided / Then upon Petition setting forth the Complaint to be preferred --- within 5 days after the Sale / by the Creditor or Debtor to the Chief Baron Chief Judge or Justice of the Peace who granted the Execution/ thos.d Chief Baron Chief Judge or Justice is required to call thos.d Acting Marshall or Constable before him And if the Matter of Complaint shall be fully proved the Marshall or Constable shall forfeit to the party grieved such a Sum as the Chief Baron or Chief Judge or Justice shall award not Exceeding £20 And every such Sale made Contrary to the Act shall be void and the Goods be again put up to Sale at the next Market day without any Now Exposed to the Debtor And the Buyer shall be Compelled to deliver back the Goods to the Marshall to be fairly Sold again

Sect 9.th {Section 9th} For Enforcing the delivery over of process by a New Extra Remedy on the Appointment of a New Provost Marshall - - - - - - - - - - - - - - - - - -

Recites that great delays have of late frequently happened in the Service and Execution of Process through the default of the acting Marshall and his Under Officers which grievance is more [?] [felt?] upon the Succession of a Now acting Marshall the former Officer knowing he should Soon be out of Office & therefore Neglecting either to execute the process or deliver the same over to to the Succeeding Officer Therefore that no such Neglects may Stop the Course of Justice ---------

(3) (Enacts