hold a Court, did not meet for a confiderable time, and the creditor was kept out of his money. Formerly fome perfons in had taken an undue advantage of being privileged from arrest, on which the Legislature of that Ifland, in the year 1740, paffed an Act, declaring, That from thenceforth no Judge, &c. or any other Minifter of the Law, fhould thereafter have privilege to enter any common appearance for the difcharge of any bail bond in any cafe whatfoever. Many years after this Act paffed, when I was in the Weft Indies, an Affiftant Judge was arrested for debt:-at the next Court it was moved on his behalf, that he fhould be difcharged, on entering a common appearance. In vain did the Plaintiff's Counfel urge the A&t of Affembly against fuch application; the gentleman on the Bench faid, That they only were Judges of their own privileges; and the Affiftant Judge's bond was discharged on his entering a common appearance. I fhall only further obferve on this head, that, as the Judges there were in general unacquainted with the law, they frequently afked the opinion of fome leading Lawyer in matters that came before them, which gave fuch lawyer an amazing afcendency in the Ifland, as many who refided there must remember. WARRANT under his Majefly's Sign Manual and Signet, for the Appointment of a Chief Justice in one of the Colonies. GEORGE R. TRUSTY and well-beloved, we greet you well, Whereas we have taken into our Royal confideration the loyalty, integrity, and ability of our our trusty and well-beloved A. B. Efq; we have thought fit hereby to authorife and require you forthwith to caufe Letters Patent to be paffed under the feal of our Province of C-, conftituting and appointing him the faid A. B. our Chief Juftice of, and in our faid Province, in the room of L. M. Efq; deceased. To have, hold, execute, and enjoy the faid office unto him the faid A. B. for and during our pleasure, and his refidence within our faid Province, together with all and fingular the rights, profits, privileges, and emoluments unto the faid place belonging, in the most full and ample manner, with full power and authority to hold the Supreme Courts of Judicature at such places and times as the fame may and ought to be held within our faid province: and for fo doing, this fhall be your warrant; and fo we bid you farewel. Given at our Court at St. James's the twenty-third day of March 1769, in the ninth year of our reign. By his Majesty's Command, A. B. Efq; Chief Juftice of C-. This warrant was under the King's Signer, and directed to the Governor of C-, and in his abfence, to the Commander in Chief there, exactly as in the Mandamus for a Member of the Council. LETTERS PATENT under the Great Seal of a Colony, for the Appointment of a Chief Justice, in purfuance of the before-mentioned Warrant. GEORGE the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To all whom thele prefents prefents fhall come, greeting: Know ye, That we having taken into our Royal confideration the loyalty, integrity, and ability, of our trusty and well-beloved A. B. Efq; have conftituted and appointed him the faid A. B. our Chief Juftice of and in our Province of C- in America, in the room of L. M. Efq; deceased, to have, hold, execute, and enjoy the faid office unto him the faid A. B. for and during our pleasure; and his refidence within our faid Province, together with all and fingular the rights, profits, privileges, and emoluments unto the faid place belonging, in the most full and ample manner, with full power and authority to hold the Supreme Courts of Judicature at fuch places and Times as the fame may and ought to be held, within our faid Province. In Witness whereof we have caused these our Letters to be made Patent. Witness his Excellency D, E. Efq; our Captain-General and Governor in Chief in and over our faid Province of C-, at F--, the first day of September, in the ninth year of our reign. By his Majefty's Warrant, under his Royal Sign Manuel and Signet, dated at his Court at St. James's, the 23d day of March, 1769, in the ninth year of his reign. D. E. Great CHAP. CHAP. XII. Of the COUNSEL and ATTORNIES in the COLONIES. IN N Jamaica and Barbadoes, the departments of Coumel Counsel and Attorney are diftinct, and they have several gentlemen of ability in the Law, who attend at the bars in thofe Islands. In St. Chriftopher's, the branches of Counsel and Attorney were feparate, and only four Attornies were allowed, until the year 1764, when an Act of Affembly paffed to enable any perfon admitted to the bar to practife as an Attorney and Solicitor, on taking the oath appointed to be taken by Attornies and Solicitors; and at this day, the departments of Counsel and Attorney are united in all the Colonies, except Jamaica and Barbadoes. The union of these two branches has been productive of much inconvenience; for the practical part has fo much employed the attention of the Colony Advocates, that few of them have leifure to attain to any confiderable degree of knowledge. The law practitioners in the Colonies are of three forts; first, Gentlemen who have been called to the bar at the Inns of Court in London, and who are of courfe admitted to practife, on their producing certificates of their being called to the bar: fecondly, those who have ferved Clerkships in Great Britain, Ireland, or the Colonies: and thirdly, thofe who through interest are admitted to the bar, without ferving a regular Clerkship, and who (according to the phrafe of the country) are faid to turn lawyers. Of all the Barristers who practifed in the Colonies, and afterwards returned to England, few have attempted to practife at the bars here; for the following reafons: The Judges in the Colonies being, in general, unacquainted with the Law, order and decorum are not properly attended to, and little improvement can be got under fuch mafters. Moft of the queftions that arife in the Colonies are founded in litigation, and not in intricacy; and, as the gentleman of the bar in general go out there at an early period in life, before they are arrived at any confiderable fhare of knowledge, they have it not in their power to gain much experience in the Colonies, and moft of the Judges not being bred to the profeffion of the law, the Advocate, who has the greatest fluency, may fometimes be confidered as the ableft lawyer. CHA P. XIII. Of the COURT of VICE-ADMIRALTY. THE HE Court of Vice-Admiralty in the Colonies exercises three forts of jurifdiction. In the first place, it is the proper Court for deciding all Maritime Causes. 2dly, It is the Court for the trial of Prizes taken in time of war, or hoftilities between Great Britain and any other State, to determine whether the Captures be or be not lawful prize. And, 3dly, The Court of Vice-Admiralty in the Colonies has a concurrent jurifdiction with the Courts of Record there, in the cafe of forfeitures and penalties incurred by the breach of any Act of Parliament relating to the trade and revenues of the British Colonies in America; for the informer or profecutor hath the election of proceeding either in any Court of Record in the Colonies where |