226 HISTORY OF THE [BOOK. n. 



action be for a sum of jf.300 sterling, or upwards, an 

 appeal lies to the governor and council, as a court of 

 error; if sentence of death be passed for felony, the 

 appeal is to the governor alone.* 



* 



Assize courts also are held every three months, in 

 Kingston for the county of Surry, and in Savanna-la-Mar 

 for the county cf Cornwall. The Surry court begins 

 the last Tuesday in January, April, July, and Octo- 

 ber. The Cornwall court begins the last Tuesday in 

 March, June, September, and December: each as- 

 i-.ize court is limited to a fortnight in duration. Thus 

 have the inhabitants law-courts every month of the 

 year, besides the courts of chancery, ordinary, admi- 

 ralty, and the several parish courts. f The judges of 



* By an early law of this island (passed in 1681) freeholders of known 

 residence are not subject to arrest, and being held to bail in civil process. 

 The mode of proceeding is, to deliver the party a summons (leaving it at 

 his house is deemed good service) together with a copy of the declaration, 

 fourteen days before the court, whereupon the defendant is bound to ap- 

 pear, the very next court, or judgment will pass by default. Twenty- 

 eight days afier the first day of each court execution issues; for which 

 there is but one writ, comprehending boih a fieri facias and a capias ad 

 satis faciendum \ but as no general imparlance is allowed before judgment, 

 it is enacted that the effects levied on, shall remain in the defendant's 

 hands until the next court, to give him an opportunity of disposing of 

 them to the best advantage; and if he then fails paying over the money, 

 a <venditioni exponas issues to the marshal, to sell those, or any other 

 goods, and take his person. The modem practice is to make no levy on 

 the execution, whereby the debtor obtains the indulgence of one term, or 

 court, after which both his person and goods are liable under the writ cf 

 exponas. 



} Soon after this was written an act was passed (I think in 1790) by 

 ich the August term in the supreme couit VMS abolished, and a loru- 



