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.

This page is not transcribed, please help transcribe this page

This page is not transcribed, please help transcribe this page

This page is not transcribed, please help transcribe this page

thereof, to hold to the Creditor and his [Hevis?] in absolute property for ever in Satisfaction of the Debt, and which has been the constant usage and practice in the said island, not only in the bases of judgements at Law, but for the Satisfaction of the Debts and Money Decreed in Equity to be due and directed to be paid, of which there are innumerabke instances, and is founded on the peculiar laws and usages in the said island, very different in many respects from those in England, And it is so considerable a part of the profits of the said Office of - Serjeant at arm, that arises from carrying the decrees and Orders of the Cont of [Chaneery?] into Execution, that if that Officer should by any means be deprived of the same, the expences and Charges attending the due Execution of that Office would be left very burdensome thereon. That this [talent?] Officer has lately been injured and deprived of several Branches of his Business and [Fees?], in favour of the Masters in [Chaneery?] there (the nomination of whom has been left in the governor as Chancellor) by a practice lately introduce in the court of [Chaneery?] of [Barbadoes?], by which the [antient?] usage there, of estates being levied and [eocted?] by the Serjeant at arms on Decrees and executions, is now varied, and such estates are Decreed to be void before a master, who recieves the purchase money and excutes [bulls?] of sales thereof to the highest bidder, and in support of this [prachie?] it is urged, that it is agreeable to the practice of england at this time for the masters to recieve the Money, or to excecute the Deed of Sale, And these are amongst [other?] the instances of the late in Barbados, some, where demands due on judgements and executions at common law, - have been carried out of that channell into a covet of Equity, with a view only to deprive the office from extending the debtors estates, and to obtain a decree for a sale thereof by a master, to effect which the fees of such suit and late will exceed those of the serjeant at arms on an extension, either at law or in equity and this proceeding is looked on as anextraordinary innovation in Barbadoes for extending estates to satisfy decrees in a manner as aforesaid, and who gives large security, and there is a sett table of ffees confirmed by the governors from time to time for executing this branch of the said office, whereas the masters there give no security, nor are therenor are there any fees settled by any [nofchive?] law or the authority of the Count or by any Governor, to be recieved or taken by the masters for any [bccsinels?] to be done by them in the selling of estates, save only what arises from their own offer of demanding and recieving one or two [if centum?], nor indeed was the masters office there excecuted but in matters of accounting, or of that nature, till this late infringement what if if the count of [chaneery?] in Barbadoes for the satisfying debts or money Decreed in Equity, instead of awarding writs of excecution to the serjeant at arms to levy and extend the same on the estate, real or personal of the debtor, as has been the usual practice there, should ata any time think fitto decree a sale of the estate in general, yet in order that the office of serjeant arms may not be [injiured?] by such sales, they should its presumed direct the same to be made by or before the serjeant at arms, and who as to the manner of the sale of the estate under the decrees, would conform himself in all things to the direction of the count, of which he is a sworn officer, equally with the master, and it is humbly apprehended for the reasons aforesaid is entitled to the preference. the deputy provost marshall has remonstrated and complained to the late president when commander in chief and the present governor of Barbadoes, but has met with no [redress?]. Wherefore it is humbly prayed that [yo? msm orahis 2 thusfors loops?] your lordships will be pleases to [vignify?] to the governor of barbadoes, that he should proceed according to the [antient?] practice by decreeing extensions, or in the case of [puts?] decreesing for sales, that he should direct no sale to [be mads Gg?] the serjeant at arms, [?#?#?#?]to make the sale and [whos ho?] he to guide himselfas mear as may be to [Gg?] the settled table of fees relative to [extensions?]- on that your lordships will be pleased to grant your [detz?] such other relief in the premises as to your lordships shall seem meet.

Petition of Francis Reynolds [Reg?] [Very all?] Arms of Barbados