cember, and in the new order issued there was no provision for taking any 
further evidence in the island. 230 The governor was ordered to return an 
answer to the petition of appeal and to appellant's particular allegations against 
the proceedings. 231 Upon hearing the appeal, the judgment below was ordered 
reversed, all issues declared null and void, and appellant ordered restored to 
his losses sustained by the judgment. 232 
In Chilton v. Regina, another Barbados misdemeanor appeal of the same 
period, Chilton in his petition for leave to appeal prayed that the following 
be transmitted for the hearing: (a) authentic copies of all records and proceedings 
relating to the case; (b) a copy of the governor's instruction concerning 
the Court of Oyer and Terminer; (c) a copy of the commission under which 
the court sat; (d) the oaths taken by the court; (e) copies of the venires and of 
all pleas offered, and depositions, examinations, and orders made and taken 
concerning the same; (/) precedents from the insular records, particularly in 
the cases of Caesar Brooks and Charles Cleaver, as to the law and practice of 
awarding and returning venires. Further prayed was liberty to examine witnesses 
in Barbados to prove petitioner's minority, such proofs also to be transmitted 
233 In the admitting Order in Council it was commanded that there be 
transmitted under seal copies of the commission under which the court sat and 
of the venire and of all pleas received in the cause. Petitioner was also allowed 
to take copies of the proceedings in the Brooks and Cleaver cases. 234 On January 
8, 1706/7, the Committee heard "the parties concerned with their Councill 
Learned upon the matter of the said two appeals" and advised that both judgments 
be reversed, all issues declared void, and the appellant restored to his 
losses. 235 
In Lyte v. Regina, from Barbados in 1707, it was prayed in the petition for 
leave to appeal and granted that the commission under which the Court of 
Oyer and Terminer sat, the venires, and all other papers in the cause be transmitted 
under seal. 236 In Barrow v. Regina, from Bermuda in 1707, the Committee 
advised allowance of the appeal and that all papers and records relating 
and imperfections the conciliar order was ineffective 
and not drawn up by the Council 
Clerk agreeable to the Board of Trade report 
or the conciliar directions therein {ibid., 
#1427). Cf. JCTP, 1704-1708/9, 179-80. 
230 PC 2/81/17, 33. Both Lillington and the 
Barbados agents et al., objecting to the October 
26, 1705, Order in Council, a hearing was 
ordered in December, particularly as to the 
manner of appointing persons to take depositions 
relating to the fine (CSP, Col., 1704-5, 
#1483-84; PC 2/81/17) 
231 PC 2/81/75. 
232 PC 2/81/283, 295. For discussion of the 
merits of the imposition of the fine see Poyer, 
History of Barbados (1808), 179-80. 
233 PC 2/81/27; PC 1/46. For the proceedings 
of the June 4-15, 1705, Court of Oyer and 
Terminer, see CSP, Col., 1704-;, #1251 i. 
234 PC 2/81/30, 34. 
235 PC 2/81/283. 
238 PC 2/81/282, 316, 323.