before any mayor, or other chief magiftrate of the city, borough, or town corporate in Great-Britain, where, or near to which the person making such affidavit or affirmation shall refide, and certified and tranfmitted under the common feal of such city, borough, or town corporate, or the feal of the office of fuch mayor, or other chief magiftrate, which oath and folemn affirmation every such mayor and chief magistrate shall be, and is hereby authorized and empowered to administer; and every affidavit and affirmation so made, certified, and transmitted, shall, in all fuch actions or suits, be allowed to be of the same force and effect as if the perfon or persons, making the fame upon oath, or folemn affirmation as aforesaid, had appeared and sworn or affirmed the matters contained in such affidavit or affirmation, viva voce, in the open court, or upon a commiffion issued for the examination of witnesses or of any party in any fuch action or fuit respectively.

Provided that in every such affidavit and Place of abode,

affirmation, there shall be expressed the addition of the party making such affidavit or affirmation, and the particular place of his or her abode.

&ca

Same power extended to his Majesty, &c.

Fenalty on false oath or affidavit.

And be it further enacted by the autho rity aforesaid, That in all suits now depending, or hereafter to be brought in any court of law or equity, by or in behalf of his Majesty, his heirs, and successors, in any of the faid plantations, for or relating to any debt or account, that his Majefty, his heirs, and successors, shall and may prove his and their debts and accounts; and examine his or their witness or witnesses by affidavit or affirmation, in like manner as any fubject or subjects is or are empowed, or may do by this present act.

Provided always, and it is hereby further enacted, that if any perfon making fuch affidavit on oath or folemn affirmation, as aforesaid, shall be guilty of felony, and wilfully swearing or affirming any matter or thing in fuch affidavit or affirmation, which if the same had been fworn upon an examination in the usual form, would have amounted to wilful and corrupt perjury; every person so offending being thereof lawfully convicted shall incur the same penalties and forfeitures as by the laws and statutes of this realm are provided against persons convicted of lawful and corrupt perjury.

And

negroes, &4.

And be it further enacted by the autho- Houses, lands, rity aforesaid, that from and after the twenty-ninth day of September, one thousand seven hundred and thirty-two *, the houses, lands, negroes, and other

hereditary and real estates, situate or being within any of the said plantations belonging to any person indebted, shall be liable to,

and

P

This is the substance of the execution, which being prescribed by an early act of the island, has been constantly pursued ever fince without variation.

This takes in not only the writs of fi fa, and elegit, but also the capias ad fatisfaciendum ; and indeed comprehends more than all these put together, because the marshal may, by virtue of this act, fell the whole real estate where there are no effects to be had.

See the cafe of Blancard and Goldy. 4 Mod. 222. Where it is faid by the court, that in Barbadoes freeholds are subject to debts, and are esteemed as chattles till the creditors are fatisfied, and then the lands defcend to the heir.

The law is the fame in Antigua, and in one thousand seven hundred and twenty-three, an act was also passed there for constituting a court, "To hold plea of foreign attachments," according to the custom of the city of London.

By uniform practice in Barbadoes, an execution taken out on a judgment obtained against an executor, even on the simple con tract of the teftator, may be levied on any of his real estates where there are no other effects; and being appraised according to the method directed by the act, and not redeemed within the time thereby limited, the marshal, of course, passes his bill of sale to the plaintiff. This conveys the land or tenament to him and his heirs, who holds the fame by a good title in fee simple against all claiming under the defendant or his teftator, provided he had fuch an estate therein at the time of his death; other. wife, according to the estate he had or could have himself conveyed. From whence it will follow, as the fact is, that notwithstanding the statute of the 3 & 4 Wm. & Mary, c. 14. docs

no

and chargeable with all just debts, duties, and demands of what nature or kind foever, owing by any fuch perfon to his Majesty or any of his subjects, and shall and may be affessed for the fatisfaction thereof in like manner as real estates are by the law of England liable to the fatisfaction, of debts due by bond or other specialty, and shall be fubject to the like remedies, proceedings, and process, in any court of law or equity in any of the said plantations respectively, for seizing, extending, felling, or difpofing of every such houses, lands, negroes, and other hereditaments and real estates, towards the fatisfaction of such debts, duties, and demands, and in like manner as personal estates in any of the faid plantations respectively, are feized, extended, fold, or disposed of for the fatiffaction of debts *.

There

not extend to this ifsland, the debts of the testator have always been fatisfied out of his real estate in the hands of his devisee whenever there is a want of personal affetts. See 4 Co. 78.a. And all decrees for legacies are in such cafes levied thereon, though not expressly charged with payment thereof by will; for decrees of courts of equity are executed like judgments at law with fome very flight variation as to the method.

* The reafon of this practice, probably proceeded on a fuppofition that all their estates were in the nature of chattels for

the