His Majesties Dominions and Territories and whereas not only against such Treaties of Peace made by His Majesty with his Allies but also contrary to His Majesties Royal Proclamation several of his Subjects have and do continually go off from this His Majesties Island of Jamaica into Foreign Princes Services and Sail under their Commissions contrary to their Duty and good Allegiance and by fair means cannot be restrained from so doing Be it therefore Enacted by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same that from and after Publication hereof it shall be Felony for any Person which now doth or within four Years last past heretofore hath or hereafter shall Inhabit or belong to this Island to serve in America in an Hostile manner under any Foreign Prince State or Potentate or any Employed under any of them against any other Foreign Prince State or Potentate in Amity with His Majesty of Great Britain without special License for so doing under the Hand and Seal of the Governour or Commander in Chief of this Island for the time being and that all and every such Offender or Offenders contrary to the true intent of this Act being thereof duly Convicted in His Majesties Supream Court of Judicature within this Island to which Court Authority is hereby given to hear and to determine the same as in other Cases of Felony shall suffer pains of Death without Benefit of the Clergy Provided nevertheless that this Act nor any thing therein contained shall extend to any Person or Persons which now are or have been in the Service or Employment of any Foreign Prince State or Potentate whatsoever that shall return to this Island and leave and desert such Service and Employment before the first day of January next ensuing rendring themselves to the Governour or Commander in Chief for the time being and giving him such Security as he shall appoint for their future good behaviour and also that they shall not depart this Island without the Governours Ticket And for the better and more speedy Execution of Justice upon such who having Committed Treason Piracies Felonies and other Offences upon the Sea shall be Apprehended in or brought Prisoners to this Island Be it further Enacted by the Authority aforesaid That all Treasons Felonies Piracies Robberies Murthers or Confederacies committed or that hereafter shall be committed upon the Sea or in any Haven Creek or Bay where the Admiral hath Jurisdiction shall be Inquired Tryed Heard Determined and Judged within this Island in such like form as if such Offence had been Committed in and upon the Land and to that end and purpose Commissions shall be had under the Kings Great Seal of this Island directed to the Judge or Judges of the Admiralty of this Island for the time being and to such other substantial Persons as by His Majesties Governour or Commander in Chief of this Island for the time being shall be named or appointed which said Commissioners or such a Quorum of them as by such Commission shall be thereunto Authorized shall have full Power to do all things in and about the Inquiry Hearing Determining Adjudging and Punishing of any of the Crimes and Offences aforesaid as any Commissioners to be appointed by Commission under the Great Seal of England by virtue of a Statute made in the Twenty Eighth Year of the Reign of King Henry the Eighth are Impowered to do and execute within the Kingdom of England and that the said Offenders which are or shall be Apprehended in or brought Prisoners to this Island shall be liable to such Order Process Judgments and Execution by virtue of such Commission to be grounded upon this Act as might be awarded or given against them if they were proceeded against within the Realm of England by virtue of any Commission grounded upon the said Statute And all Tryals heretofore had against such Criminal or Criminals before any Judge or Judges by virtue of such Commission or Authority at any time heretofore granted and all Proceedings thereupon are hereby Ratified Confirmed and Adjudged Lawful and all such Judges with all and every the Inferiour Officers that have Acted thereby are hereby indemnified to all intents and purposes whatsoever and in case they or any of them shall at any time hereafter be sued vexed molested or troubled for any such their proceedings as aforesaid he or they so sued vexed or molested shall plead the General Issue and give this Act in Evidence any Law Statute Custom or Usage to the contrary in any wise notwithstanding And Be it further Enacted by the Authority aforesaid That all and every Person or Persons that shall any way knowingly Entertain Harbour Conceal Trade or hold any Correspondence by Letter or otherwise with any Person or Persons that shall be deemed or adjudged to be Privateers Pirates or other Offenders within the Construction of this Act and that shall not readily endeavour to the best of his or their Power to Apprehend or cause to be Apprehended such Offender or Offenders shall be liable to be Prosecuted as Accessaries and Confederates and to suffer such Pains and Penalties as in such Case by Law is provided And for the better and more effectual Execution of this Act Be it further Enacted by the Authority aforesaid That all Commission-Officers in their several Precincts within this Island are hereby required and empowered upon his or their knowledge or Notice given That any Privateers Pirates or other Persons suspected to be upon any unlawful Design are in any place within their respective Precincts to raise and levy such a Number of well Armed Men as he or they shall think needful for the Seizing Apprehending and carrying to Gaol all and every such Person or Persons and in case of any Resistance or Refusal to yield Obedience to His Majesties Authority it shall be Lawful to kill or destroy such Person or Persons and all and every Person or Persons that shall Oppose or Resist by striking or Firing upon any of the Commanded Parties shall be deemed taken and adjudged as Felons without Benefit of the Clergy and every such Officer that shall omit or neglect his Duty herein shall forfeit Fifty pounds currant Money of this Island for every such Offence to be Recovered in any of His Majesties Courts of Record within this Island by Bill Plaint or Information wherein no Essoign Wager of Law or Protection shall be allowed one Moyety thereof to be to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges thereof and the other Moyety to the Informer and all and every Person or Persons that upon Orders given him or them shall refuse to repair immediately with his or their Arms well fixed and Ammunition to such place or places as shall be appointed by the said Officer and not readily Obey his Commands in the Execution of the Premisses shall be liable to such
Party grieved the other by the Owner of the Cattle and the other by the Justice of the Peace and if either of them do not appear or refuse to make their Choice that then in such Case the said Justice shall name two and what Damage shall be done by any Stock in any Plantation so Fenced as aforesaid the said Damage to be Appraised upon the Oath of the said Three Free-holders and the Owners of the said Stock shall pay double the said Damage so committed or done by their Cattle Proof being made appear by the Oath of one or more to be Recovered before any Justice of the Peace if not exceeding Forty shillings if above in any Court of Record by Action of Debt And it is further Enacted and Provided by the Authority aforesaid That no Person or Persons whatsoever shall kill or destroy any Cattle Horse Mare Mule or Asinego but he she or they who shall kill or destroy any of the afore-mentioned Stock shall forfeit for each they shall kill or destroy the Sum of Fifteen pounds currant Mony to be Recovered by Action of Debt in any Court of Record within this Island by the Owner or Proprietor of the said Beast And it is further Enacted by the Authority aforesaid That all Owners of Neat Cattle shall keep one White Man at each respective Pen and at all Pens whereunto belongs above Two hundred Cattle the Owner of such Pen shall keep two White Men upon pain of forfeiting Ten pounds for every White Man that shall be wanting as before for the space of Three Months to be Recovered in any Court of Record by Action of Debt the one half to the Parish for the Use of the Poor the other Moyety to the Informer or him that sues for the same And it is further Enacted by the Authority aforesaid That all Persons and Owners of Cattle that shall fail to Pen their Cattle once in three Nights at the lâ—â—st that all such Cattle doing Damages shall pay double the Damage to be Recovered as aforesaid And it is further Enacted by the Authority aforesaid That all Strays of any sort of Cattle where ever they shall be found and taken up shall belong to the Proprietor of the Ground where they are accustomed to feed Provided the said Proprietor cause the said Stray or Strays to be Cryed by the Common Cryer three distinct Court Days in the Court of the said Precinct describing all the Marks of the said Stray with the Age and Kind and further that the said Proprietors do turn loose again the said Stray to continue in the same feeding Ground where the same was accustomed to feed and tying a Withe about the Neck of the said Stray which shall be a Common Mark for Strays and in that manner to continue one whole Year from the first taking up or Penning of the same Provided further that if in the mean time no Person shall Challenge or Claim the same that then the property of all such Strays remain to the Proprietor of the Ground as before they giving Satisfaction for taking up the said Stray Provided always That this Act extend not to any Ear-marked or Burnt-marked Beast Horse Mare Colt or any other sort of Cattle but all such shall belong to the Owners or Proprietors of the same if Claimed at any time after the expiration of the Year It is further Enacted by the Authority aforesaid That the Clerks of each respective Courts of Record in this Island are hereby empowered to make Entry and Toll any sort of Cattle that shall be Sold from one Person to another taking as near Description of the several Marks Natural or otherwise as can be and vouched by two sufficient Persons known to the Clerk which Entry or Toll shall be good against any former Sale or Bargain or any other Title whatsoever except in all such Cases where the Provost Marshal or his Deputy hath levied the same by Execution and the Clerk of the said Court shall take Twelve pence for each such Entry and for keeping a Record of the same and no more And it is further Enacted by the Authority aforesaid That no Person whatsoever shall presume to carry any Fire or smoak Tobacco in any Savanna or Plantation or High-ways whatsoever under the Penalty of Ten shillings for each time they shall so offend and be further liable to pay all Damages that shall accrue to any Person or Persons by means of the same to be Recovered if not exceeding Forty shillings before any Justice of the Peace if exceeding Forty shillings by Action of Debt in any Court of Record within this Island And if the Person so offending be not able to make Satisfaction then the said Person shall be Whipped for every such offence at the Discretion of any one Justice of the Peace Provided That this Clause extend not to Owners of Land to carry Fire in their own Plantations or burn their own Savanna yet to be liable as before if thereby they injure or burn any other Persons Savannas or Plantations and that all Penalties for carrying of Fire shall belong to the Person that sues for the same And whereas it is found by Experience that several Common Drivers of Cattle or Horse-catchers do frequently Ride and drive Gangs of Mares and other Cattle from off their own Feeding Ground or Pasture whereby those that are big cast their Young and Young ones are often separated from their Dams and do likewise often deface the Marks of such Cattle and Horses or new Mark them for themselves or others with wrong Marks to the great Damage of all such Proprietors for prevention whereof Be it further Enacted by the Authority aforesaid That no Person or Persons whatsoever shall hereafter presume to drive or ride in any Savanna as a Common Horse-catcher after any Horses or Mares without having first given Security for their Honesty and obtained leave from the Proprietor or Proprietors of such Savanna's or the Major part of them under the Penalty of Twenty pounds to be Recovered as aforesaid one third part whereof shall be to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges of the same one third part to the Proprietor or Proprietors of such Savanna's where the Offence shall be committed the remaining third to the Informer or he that shall sue for the same And it is further Enacted by the Authority aforesaid That if any such Common Driver or Horse-catcher or any other Person employed by or for him or them shall presume to Sell or Barter any Horse Mare or Colt or other Cattle but such as he shall bring two sufficient Free-holders of the place where he doth Inhabit or other good sufficient Evidence to vouch before the Clerk of some Court of Record within the Precincts where they shall be Sold or Bartered as aforesaid that he bred them or otherwise came Lawfully possessed of them
under the Penalty of Fifty pounds to be Recovered and Disposed of as aforesaid And whosoever shall Buy Barter or Bargain with any such known Horse-catcher or Driver for any Cattle or Horses without the same be first vouched as aforesaid he she or they so Offending shall for every such Offence forfeit and pay the Sum of Twenty pounds to be Recovered and Disposed of as aforesaid And it is further Enacted by the Authority aforesaid That if any Driver or Horse-catcher shall at any time hereafter fraudulently or designedly put any false Burnt Mark Ear-mark or any other Marks or deface any old Mark he or they shall for such Offence be guilty of Felony It is further Enacted by the Authority aforesaid That no Person or Persons that are Keepers or Owners of Goats shall suffer their Goats to feed in any Persons Land except their own and if any do suffer the same to feed in any Persons Land it shall be deemed Trespass and the Owner of the Land shall Recover in any Court of Record full Costs of Suit in the said Action besides what Damage shall be given by the Jury Be it further Enacted by the Authority aforesaid That no Person whatsoever shall be capable of Hunting with any Gang of Dogs in this Island that is not a Planter in it and hath not at least five Acres of Land Planted and that any Person that shall presume to Hunt any Gang of Dogs within this Island being not Qualified as aforesaid shall forfeit for every such Offence his Gang of Dogs and the Sum of Ten pounds Sterling to be Recovered in any Court of Record within this Island by Bill Plaint or Information the one Moyety or half part of all such Forfeitures shall be to our Soveraign Lord the King his Heirs and Successors for the Support of the Government and Contingent Charges thereof and the other Moyety shall be to the Informer or any Person that shall sue for the same And it shall not be Lawful for any Planter or Planters in this Island to own any Hunting Gang of Dogs which shall not properly belong to themselves their Mates in Planting or Hunted by their Servants under the Penalty of Ten pounds Sterling for each time he or they shall so offend to be Recovered in manner and form aforesaid and to be disposed of as aforesaid And it is further Enacted and Ordained by the Authority aforesaid That if any Hunting Gang of Dogs shall kill or maim any Tame Stock belonging to any Planter or Person whatsoever or do him or them any Prejudice or Damage the Party so Damnified lift the Damage amount to not above forty shillings Satisfaction for the same shall be Recovered by Warrant from any Justice of the Peace but if it amount to more than forty shillings the Person or Persons so injured shall sue for the same at Common Law And if any Person shall kill or maim any manner of Tame Stock as Sheep Hogs or Goats either by Hunting or otherwise and shall not forthwith discover the same to the next Justice or Constable to the end the Damage may be known and Recovered as aforesaid such Offender killing maiming or injuring any such Tame Stock and not discovering it as aforesaid shall pay five pounds for every Default besides Damages to be Recovered by the Party Injured in any Court of Record It is further Enacted and Ordained by the Authority aforesaid That no Person whatsoever shall Hunt any Gang of Dogs within four Miles of any Crawâ— or Settlement except in his own Land or leave from the Proprietor of the same upon pain of Ten pounds Sterling and that no Person or Persons whatsoever shall set any Snare or Engine in any place whatsoever his Planted Ground only excepted under Penalty of forty shillings for every time any Person shall so Offend in either of the Premisses to be Recovered as aforesaid and disposed of as aforesaid and to pay all other Damages that shall accrue by the same An ACT Securing the Purchasers of Thomas Bun's Land upon Port Royal. WHereas one Thomas Bun late of this Island in the Fourteenth Year of His Majesties Reign Patented a certain Parcel of Land on Port Royal and after that Constituted and Appointed one Martin Vanolphin his Attorney thereby giving him full Power and Authority for him and in his Name to Bargain and Sell all and singular the Lands and Tenements of the said Thomas Bun and that he the said Martin Vanolphin in pursuance of the aforesaid Authority did for a Valuable Consideration well and truly paid to the aforesaid Thomas Bun Bargain and Sell the aforesaid Parcel of Land unto William Parker Esquire and Robert Swanley and that a Moyety of the said Land was Sold by the said Swanley to one Thomas Tothill Deceased whose Estate real was in pursuance of an Act of this Island exposed to Sale and Sold for and towards the Satisfaction of the just Debts of the said Thomas Tothill to Sir Charles Modyford Baronet and the whole Purchased as aforesaid Sold by the said Sir Charles Modyford Baronet and William Parker Esq to Edward Yeomans Esq for a Valuable Consideration and the aforesaid Letter of Attorney through the Ignorance and Neglect of those Times not Proved and Recorded as the Law of this Island now requires To the intent therefore that the several Purchasers may for ever hereafter be quieted in their several Purchases and secured in their Titles and Covenants and a speedy Improvement made by Building thereon Be it therefore Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same That the Sales made as aforesaid by Martin Vanolphin to William Parker Esquire and Robert Swanley and the Sale or Sales of them and either of them unto any other Person or Persons whatsoever are and shall be deemed and adjudged good and effectual in the Law to all Intents Constructions and Purposes whatsoever as if the said Thomas Bun himself had by his own Deed or Bargain and Sale Actually and Really Sold and Conveyed the same and all and singular the Land Sold and Conveyed as aforesaid be and remain to the Heirs and Assigns of such Purchaser or Purchasers their Heirs and Assigns for ever as shall Claim by from and under the Title or Purchase of the said Sir Charles Modyford Baronet and the said William Parker Esq any Law or Custom Usage or Pretence of Right whatsoever to the contrary in any wise notwithstanding An ACT Encouraging the Importation of White Servants Forasmuch as it is provided in an Act of this Countrey Intituled An Act for Regulating Servants for the strengthening and better Defence of this His Majesties Island every Master and Owner of Slaves shall have such quantity of White Servants proportionable to the Number of Slaves as is therein directed and as by the said Act doth more plainly appear and to the intent also all duo Encouragement may be given Merchants Masters and
thereupon in any Court of Record within this Island and if such Mortgagee shall not within three Months after request and tender made for his reasonable Charges repair to the Office of Enrolments and there make such Acknowledgment as aforesaid he she or they so refusing shall for every such Offence forfeit and pay unto the Party or Parties aggrieved the Sum of fifty pounds Currant Money of this Island to be Recovered in any of His Majesties Courts of Record within this Island by Bill Plaint or Information wherein no Essoign Wager of Law or Protection shall be allowed And be it further Enacted and Ordained by the Authority aforesaid That it shall and may be Lawful for the Judges before whom such Acknowledgment of Deeds or other Writings are and shall be made to demand and receive for every Deed of the value of Twenty pounds or more Ten shillings and for every Deed under the value of Twenty pounds Five shillings and no more under the Penalty of Twenty pounds the one half to be to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges thereof and the other half to the Informer to be Recovered as aforesaid And be it further Enacted by the Authority aforesaid That the Clerk of the Enrolments shall and may take and receive for Enrolling and Copying an Ordinary Deed Grant or Patent for one or more Parcels of Land or any Deed or Conveyance not exceeding the length of such Patent five shillings for every Deed exceeding the length aforesaid eight pence per sheet accounting Twenty Lines to a sheet and eight Words to a Line for every Short Writing not exceeding the length aforesaid Twelve pence for Recording every Plot one shilling and three pence for searching the Record Twelve pence and for Ackowledging Satisfaction in the Margent of a Mortgage recorded one shilling and three pence and no more under the Penalty of Ten pounds to the Uses and to be Recovered as aforesaid And be it likewise Enacted by the Authority aforesaid That all Patents already granted and not Enrolled shall be Enrolled in the Office of Enrolments within six Months and all Patents hereafter to be granted shall be Enrolled within six Months after the Sealing such Patents which Enrolments as likewise all such as are already there Enrolled shall be good and valid in the Law notwithstanding any Clause inserted in the said Patents directing the contrary And whereas it is most manifest That the Estates of several Orphans have been preserved and vastly Improved by being during their Minority Leased out by their Guardians and whereas it may be Disputable whether such Leases are Warranted by the Laws of England Be it therefore Enacted and Ordained by the Authority aforesaid That all Leases heretofore made or granted or that hereafter shall be made or granted of the Estate of any Orphan by the respective Guardian for any term of Years not exceeding the Minority of such respective Orphans shall be good and valid in the Law any Law Custom or Usage to the contrary in any wise notwithstanding Provided always That this Act or any thing therein contained shall not extend to contradict or alter any Power given or to be given by the Parent to any Guardians or to give liberty for the future to any Guardian to Lease out the Estate of any Heiress for any longer Term or Time than till she shall compleat the Age of Fourteen Years Be it likewise Enacted and Ordained by the Authority aforesaid That the Clerk of the Enrolments or whosoever shall execute the said Office for the time being do find two sufficient Sureties with himself to become bound to our Soveraign Lord the King his Heirs and Successors in a Bond of the penalty of Two Thousand pounds for the true and faithful Execution of the said Office and for keeping of the same in the Town of St. Jago de la Vega as is herein before declared and not elsewhere which said Bond shall be Recorded in the Supream Court of Judicature within this Island and be kept by the Chief Justice of the same for the time being to be made use of according as is directed in an Act Intituled An Act Impowering the Secretary to take Security and whosoever after Publication hereof shall Officiate in the said Office before he hath given such Security as aforesaid he or they so Offending shall forfeit the Sum of Five Hundred Pounds to be Recovered by Bill Plaint or Information in any of His Majesties Courts of Record within this Island wherein no Essoign Protection or Wager of Law shall be allowed the Defendant one Moyety whereof shall be to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges thereof and the other Moyety to him or them that shall prosecute the same An ACT For the Ferry between St. Catharines and St. Andrews WHereas William Parker of the Parish of St. Andrews Esquire hath at his particular Charge found out and made a very Convenient Way between the Salt and Fresh River in the Parish of St. Andrews and St. Catharines which will be of great Use and Advantage to the whole Island in causing a more near and easie Correspondence with the several Precincts and whereas the said William Parker hath likewise set up and erected a Ferry for the better Accommodation of the said Passage and whereas the same cannot be maintained without great and constant Charges be it therefore Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same That the said William Parker his Heirs and Assigns be by this Act Impowered and Authorized for the space and term of Fourteen Years from the making hereof to ask demand sue for recover and receive as a Duty and Toll for the Transporting of any Person over the said Ferry Seven pence half peny for every Horse and Man fifteen pence for every grown Beast that hath no Rider seven pence half peny for every Sheep Calf or Hog six pence and that the said William Parker his Heirs and Assigns may and shall erect a Tavern or Victualling-House near the said Ferry and shall not be compelled to renew or pay any License Money for the same Provided always That if the said William Parker or his Assigns shall not finish and compleat the said Way and Passage within Twelve Months from and after the making of this Act and that in all places it be not less than eight Foot broad and that the same be always kept in good and sufficient Repair that the aforesaid Limitation of the Rates which shall be paid by virtue of this Act or any Letters Patents granted for the same shall cease determine and be utterly void And be it further Enacted and Ordained by the Authority aforesaid That no other Person whatsoever presume to erect
settlers in particular who have expended great sums of Money in planting thereabouts for prevention of so great and growing a mischief be it therefore Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same that the Governour or Commander in chief for the time being do issue out a Commission in the nature of a Commission of sewers under the Broad Seal of this Island thereby constituting and appointing twelve good and sufficient Freeholders such as the Governour or Commander in chief as aforesaid with the Major part of the Councel shall think fit to nominate and choose out of the Parishes of St. Catherines and St. Andrews whereof five shall be a Quorum and one of which five shall be a Justice of the Quorum thereby giving and granting unto them or any five or more of them full power and Authority to assess lay and receive a reasonable Tax upon the Lands or Negroes or upon both as to the said Commissioners or to any sive or more of them shall seem just and convenient of all Persons whatsoever who have any Lands bounding any ways upon the said River or upon whosoever shall receive Advantage by clearing the said River towards the clearing the Old Channell or by turning the present Course of it some other way as upon a due survey of the premisses shall seem most necessary and which may be done with the least Charge or prejudice to any Person and that the limits of the said Commission to Tax be and extend upon all the Lands bounding on both sides of the River from the Plantation of Henry Molesworth Esq commonly called Cow-park unto the Mouth of the said River where it falleth into the Sea And be it further Enacted by the Authority aforesaid That every such Person as shall be named a Commissioner in the said Commission after he hath knowledge thereof shall take his Corporal Oath to lay a reasonable Tax upon all the Lands or Negroes or upon both as aforesaid and that he will to the best of his Skill and Knowledg execute the said Commission which Oath shall be taken before the Governour or Commander in Chief or before whom by the Kings Writ of Dedimus Potestatem he shall appoint or before the Justices of the Peace in the Quarter Sessions of the Precincts where any of the said Commissioners shall reside and whosoever of the said Commissioners shall refuse to take the said Oath shall forfeit the sum of Five pounds And further That whosoever shall wilfully fall any Trees or cast or suffer to be cast the same as also any Pane Trash or other Rubbish whatsoever into the said River or into any other River or Gully that shall come into the same whereby the said stop shall be any wise increased shall forfeit for every such Offence the like sume of Five pounds both which forfeitures shall be one third part to Our Soveraign Lord the King His Heirs and Successors for and towards the Support of the Government of this Island and the contingent Charges thereof and the other two thirds to whomsoever shall sue for the same towards the Expence of Preventing the Overflowing of the said River or towards the cutting of a new Channel as aforesaid and that each of the said Commissioners that shall meet and sit as aforesaid shall for each day they so sit receive towards their Expence Five shillings per Diem out of the said Moneys to be levied as aforesaid And be it further Enacted by the Authority aforesaid That the said Commissioners unto whom the Commission as aforesaid shall be directed or any Five or more of them by vertue of the said Commission and of this present Act shall have full power and Authority to See Survey and View the said Lands as do use to be o'reflown or any part of them and all the said Lands and Negroes or their several Owners who possess any Lands or Negroes within the Bounds and Limits aforesaid to Tax Rate Assess and Charge with such Sum and Sums of money as well for the present clearing of the Old Channel of the said River or for the making a new if it shall be found necessary as also for the keeping of it clear after it shall be cleansed or turned another way and that the said Commissioners or any Five or more of them shall and may make and appoint diligent and able Surveyors Collectors and Overseers and such other Officers as they shall think fit to Survey and Oversee and to Levy Receive and Lay out the Money to be Levied and Expended in and abour the premisses and to do and execute whatsoever shall be needful and expedient to be done therein according to the directions and Orders which shall from time to time be prescribed by the said Commissioners or any Five or more of them and to allow them for their pains what shall be thought reasonable and also that it shall and may be lawful for the said Commissioners or any Five or more of them by Warrant under their hands and Seal to Command the taking of any Cart Wain or Negroes of any Person within the Bounds and Limits of the said Commission to help towards the clearing and removing the Premisses or toward the making a new Channel Provided always that the Owners of such Carts Waines or Negroes are not then making Sugar and that they take not above five Negroes for a Week out of a Plantation and a Wain or Cart for the same time and that the Owners of such Carts Waines or Negroes that shall be so employed be allowed out of their respective Taxes what shall be thought reasonable for the hire of them by the said Commissioners as aforesaid And be it Enacted by the Authority aforesaid that it shall and may be Lawful for the said Commissioners or any Five or more of them by Warrants under their hands and Seals to give Authority to any Person or Persons to Levy the said Sums of Money by them from time to time to be Assessed upon the Persons Lands or Negroes or upon all or any of them as aforesaid by distress and sale of the Goods of such Person or Persons that shall not pay or refuse to pay the same and the Overplus of the value rising upon such sale shall return to the Owner of the same and in default of such distress to be taken and sold it shall and may be Lawful for such Collectors as shall be appointed by the said Commissioners or any Five or more of them to sue the Factor or Attorney of such Person or Persons as have Lands lying within the Limits aforesaid And that all Constables Marshals and Tything-men be Aiding and assisting in the levying all such Taxes as shall be assessed and levyed as aforesaid and that they receive Twelve Pence in the Pound for Levying the same And be it further Enacted by the Authority aforesaid that if any Action or Suit shall be brought against
any Person or Persons for taking any Distress or Sale of the same or for turning the Course of the River through any Persons Land or for Cutting a new channel through the same or any other thing done by the Authority of this Act the Defendant in any such Action or Suit shall plead the General Issue give this Act in Evidence whereupon Issue shall be Joyned and the Jury shall find for the Defendant and Assess treble Damage for his wrongful vexation in that behalf Provided always and it is the true Intent and Meaning of this Act that if any new Channel for the Conveyance of the said River be cut through any Persons Lands all such Damages as he receiveth thereby shall be valued by the said Commissioners or any five or more of them and Satisfaction shall be made to the Owners of such Lands out of the Mony so to be Assessed and Levyed as aforesaid and whatsoever Land shall be Recovered by means of Draining what now is overslown shall belong to the first Proprietors and that this Act continue in Force for the Term of Five Years and no longer any thing in this Act or any other seeming to the contrary notwithstanding An ACT For Regulating Building and preventing Fire BE it Enacted by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same That no Person whatsoever presume to Build any House at Port-Royal within thirty Foot of the High-Water Mark and that when any House or Houses are already Built or hereafter shall be Built on the Harbor side nearer than thirty Foot of the High-Water Mark the Wherry Place only accepted such House or Houses so Built or to be Built shall and are hereby adjudged deemed and taken to be publick Nusances and the Proprietor or Proprietors of the same shall cause such House or Houses Built thereon to be taken down and removed within six Months after conviction thereof or otherwise Build or cause to be Built within six Months a strong substantial Wharf so as the same may make a firm Passage or way of Thirty Foot from High-Water Mark. Provided that no House shall be Built further Northward on the Harbour than Major Samuel Bach and Captain Anthony Swimmer on any Land Wharfed or to be Wharfed out between Fort James and Fort Carlisle but that all Land so made out of the Harbour or to be made shall remain unbuilt on And be it further Enacted and Declared by the aforesaid Authority That when any Fire shall happen to break out either at Port-Royal or at any other Town already Built or which hereafter shall be Built within this Island that two or three of the Chief Military or Civil Officers of the same Town or Parish shall or may and hereby are Empowered to give all such directions for the Pulling down or blowing up any such House or Houses that shall be by them adjudged meet to be pulled down or Blown up for the stopping and preventing the further spreading of the same and if it shall happen that the pulling down or blowing up any such House or Houses by the directions aforesaid shall be the Occasion of stopping the said Fire or the Fire stops before it comes to the same then all and every Owner of such House and Houses shall receive Satisfaction and be paid for the same by the rest of the Inhabitants whose Houses shall not be Burnt who are hereby empowered to make such Rate or Rates for the raising and Levying such Sum and Sums of Mony as shall be thought convenient by the Justices and Vestry men of the Parish Provided always That if that House where the Fire shall first begin and break out shall be Adjudged fit to be Pull'd down to hinder the further spreading and increase of the same that then the Owners of such House shall receive no manner of satisfaction for the same any thing in this Act or any other Act to the Contrary Notwithstanding And whereas it may be doubted that the Sea may encroach upon the Southward part of the Town of Port-Royal for the prevention whereof be it Enacted by the Authority aforesaid that all Proprietors or Owners of Land or Houses their Factors Agents Attorneys and Guardians of Children or any Persons employed by them or any of them that are Interested on the Southermost part of Port-Royal from Fort Rupert to the House and Land now Inhabited by one Edward Watkins and known by the Sign of the Blew Bell be hereby Enjoyned and Obliged by this Act within twelve Months after Publication hereof Substantially to Wharf out and Secure and keep Secured their respective Proportions of Land joining on the Sea with substantial Wharf of lasting Timber at least one Foot into the Sea under the Penalty of Ten Pounds currant Money of this Island for every Year any such Person or Persons shall Neglect the same one third part thereof to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and the contingent Charges thereof one third part to the Church-Wardens of the Parish of Port-Royal for the time being for the use of the Poor and the other third part to the Informer or he that shall Sue for the same in any Court of Record within this Island wherein no Essoin Protection or Wager of Law shall be allowed And that the Owners or Proprietors of such Land or Houses as aforesaid may be the better Encouraged to Wharf out as is before appointed the Street now called the Church Street shall be no more deemed accounted or taken for a Street but shall be Added or Annexed to each Propriety and Freehold in Proportion to their Respective Interest bounding upon the same for which Consideration they are hereby Obliged to leave a Passage at least eighteen Foot open to the Sea Provided that nothing in any Clause of this Act shall Permit and suffer any Person or Persons whatsoever to Build any House nearer to the Church on the South-side than what are already Built for the whole length of the Church aforesaid And be it further Enacted by the Authority aforesaid That no Person or Persons do fetch or cause to be fetched in any Boat Vessel or Canoa from the Riffs or Shoals or dig up any Stones below High-Water Mark from the Eastermost and Southermost Parts of any of the Cays lying off Port-Royal and that no Stones simall or great be fetched or taken up for balast or any other use from the Eastermost side of the Point on Port-Royal so far as Plum-Point on Penalty of Ten Pounds for every such offence and that no Commander and Master of any Ship or Vessel cast or hoist out any Ballast overboard into the water within the Harbour of Port-Royal or any other Harbour or Bay upon the Penalty of Twenty Pounds for every such offence And be it farther Enacted that no Wreeks be laid up within the Harbour of Port-Royal or if any such
Impowering him or them to Levy the said Tax and upon refusal to Distrain and Sell by Publick Outcry as aforesaid any thing in this Act seeming to the contrary notwithstanding And be it further Enacted and Ordained by the Authority aforesaid That the Justices and Vestry-men of each Parish have full Power to enquire into Arrears of former Subscriptions and Taxes and to Levy the same Arrears by Warrant from the Justices to the Constables aforesaid and that the Minister demand no Fee in his own Parish for Christnings Marriages Churchings or Buryals under the Penalty of five Pounds for every offence unless such as the Justices and Vestry-men shall allow any Law Custom or usage to the contrary notwithstanding the one half of all which Forfeitures shall be to the Poor of the Parish and the other Moyety to him or them that shall sue for the same in any Court of Record within this Island And forasmuch as many Persons who may by Vertue of this Act and the Act for mending and repairing the High-ways be Taxed and have nothing in the Parish where they are Taxed upon which any Distress may be made It is therefore Enacted and Ordained by the Authority aforesaid That in such Cases from and after the making hereof an Action of Debt shall lye in any Court of Record or before any Justice of the Peace as in other Debts for the several Church-Wardens and Surveyors of each Respective Parish and their Successors to recover against any of the said Persons Rated or Assessed by vertue of this Act or any of them or their Agents or Attorneys here all such Sum and Sums of Mony as are or shall be rated or assessed upon them as aforesaid And that the same Rate or Assessment produced in such Court of Record or before such Justice of the Peace as aforesaid shall be sufficient Evidence and proof for the recovery of all such Sum or Sums of Mony so Rated or Assessed as aforesaid Provided nevertheless and it is the true intent and meaning hereof That no Justices of the Peace and Vestry-men shall have power to assess any such Person or Persons as aforesaid above the Sum of one shilling Per Annum and for every hundred Acres of Land and so proportionable for a greater or lesser quantity And it is hereby further Enacted and Ordained by the Authority aforesaid That any Person or Persons aggrieved or Rated in any such Assessment or Tax have hereby liberty granted to Appeal to the Justices siting in the Quarter Sessions in their Respective Precincts in this Island Provided that such Appeal to them be made at the first or second Quarter Sessions after such Taxes made and not afterwards and that there it Appearing to the said Justices that he she or they were Over-rated Taxed or Assessed the said Justices are hereby Authorized and Impowered if they find him her or them so Over-rated or Assessed to ease him her or them as to their discretion shall seem meet but that no Appeal shall lye further or to any other Court or Place in this Island for any Tax or Rate made or Assessed by the Justices and Vestry-men of each respective Parish in this Island any Law Custom or Usage to the contrary in any wise notwithstanding And be it further Enacted and Ordained by the Authority aforesaid That the Church-wardens of each respective Parish within this Island do buy or cause to be bought one Fair well bound Book wherein the Minister and in case there be no Minister there resident the Respective Church-Wardens upon notice thereof given by the Masters of the several Families who are hereby required to give such notice under the Penalty of five Pounds shall Register or cause to be Registred by the Clark of the Vestry of that Parish the Times of the Births Christnings Marriages and Burials of all such Person or Persons that shall from time to time be Born Christned Marryed or Buried within the said Parish under the Penalty of five Pounds for every such Default And that the said Clark or Person that shall Register the same shall have and receive as a Fee for each Entry Fifteen Pence and no more And it is hereby further Enacted by the Authority aforesaid That all such entries duly made and kept as aforesaid shall at all times hereafter be Deemed Judged and taken as an Authentique Record of all such Births Christnings Marriages and Burials and in all and every the Courts of Records in this Island But if any Person hereby Authorized to make such Entry or any other whatsoever shall make or cause to be made any false Entry or shall raze our or Imbezel any Entry or Books of Entry he or they so offending shall be proceeded against and Punished in manner and form as the Laws of England provide against such as Steal Raze or Imbezel Records The one Moyety of all which Forfeitures or Penalties or any other mentioned in this Act and not directed how to be disposed of shall be to the Poor of the Parish where the fault is committed the other Moyety or half part to the Informer to be recovered by Bill Plaint or Information in any of his Majesties Courts of Record in this Island wherein no Wager of Law Essoin Protection or Injunction shall be allowed any thing in this Act or in any other Act to the contrary in any wise notwithstanding And be it further Enacted and Ordained by the Authority aforesaid That the Parish of Port-Royal do allow and Pay unto the Minister thereof two Hundred and fifty Pounds Per Annum of Currant Mony of this Island and that the Parish of St. Catharines do allow and pay unto the Ministers thereof One Hundred and forty Pounds of the like Mony Per Annum and not less And that the Parish of St. Thomas St. Andrews and St. Johns do allow and pay unto their Respective Ministers One Hundred Pounds of like mony Per Annum and that all the other Parishes within this His Majesties Island that either have or shall have a Minister do allow and pay Eighty Pounds Currant Mony and not less as a constant Yearly Salary for the support and Maintenance of every of their Ministers to be Paid at their Respective dwelling Houses every six Months without any Charge or defalcation by equal Portions and none to be Capable of being presented to the said Benefices or receiving the Profits of the same unless they produce due Testimonials that they are qualified according to the Canons of the Church of England by having taken Deacon and Priests Orders and the said Testimonials to be Recorded in the Secretaries Office And be it further Enacted and Declared by the Authority aforesaid That no Minister not duly qualified as aforesaid Presume to Marry any Person or Persons whatsoever under the Penalty of one Hundred Pounds Currant Mony of this Island one third thereof to our Soveraign Lord the King his Heirs and Successors for and towards the support of the Government of this
Island and the Contingent charges thereof one third to the Poor of the Parish where the offence shall be committed and the other part to him or them that shall Sue for the same in any of the Courts of Records within this Island and that no Minister presume to Marry any Persons whose Banes have not been Published three times in their Parish Church or have a Licence from the Governour or Commander in Chief for the time being Authorizing him thereunto under the like Penalty and to the same uses to be recovered as asoresaid or twelve Months Imprisonment Provided always and it is the true intent and meaning of this Act That no Ecclesiastical Law or Jurisdiction shall have Power to Inforce Confirm or Establish any penal Mulcts or Punishment in any case whatsoever any thing in this Act or any other to the contrary notwithstanding And whereas this Island in the twenty ninth Year of his Majesties Reign by an Act of this Country was divided into fifteen Parishes which were called distinguished and known by several names hereafter mentioned that is to say St. Thomas St. Davids Port-Royal St. Andrews St. Katharines St. Dorothy's St. Thomas in the Valley Clarendon Vere St. Johns St. Georges St. Maries St. Anns St. James St. Elizabeths Be it therefore Enacted and Ordained by the Authority aforesaid That all and every of the said several Parishes rest remain and for ever hereafter be distinguished and known by the aforesaid respective Names and by no other whatsoever any thing in this or any other Law to the contrary notwithstanding An ACT Ascertaining the Value of Foreign Coins and Establishing Interest BE it Enacted by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same That each single Spanish Dubloon or French Pistol shall be currant and pass for twenty Shillings Currant Mony each single Piece of Sevil Mexico or Piller and each French Crown at five shillings Currant Mony a Peru Piece of Eight at Four shillings and all Monies whatsoever of those Coins aforesaid shall in all Payments whatsoever be proportionably rated any Law Custom or Usage to the contrary notwithstanding That whosoever shall for base lucre by any way or means Coyn Falsify Impair Diminish Seal Wash Clip File or Lighten any of the Mony aforesaid or any other Mony Currant in this Island shall be guilty of High Treason any Law Custom or Usage to the contrary notwithstanding And it is further Enacted and Declared by the Authority aforesaid that from and after the twentieth day of July in the Year of our Lord one Thousand six hundred eighty and one no Person or Persons whatsoever upon any Contract made or to be made shall directly or indirectly take for the Loan of any Monies above the Value of Ten pounds Currant Mony for the forbearance of One Hundred Pounds Currant Mony for one Year and so after the rate for a greater or lesser Sum for a longer or shorter time which said Interest is hereby declared to be only recoverable upon Penal Bonds and Mortgages That all Bonds Contracts and Assurances whatsoever made hereafter for the Payment of any Principal Mony to be lent on Usury whereupon or whereby there shall be received or taken above the Rates of Ten Pounds Currant mony in the Hundred as aforesaid shall be utterly Void and that all and every Person or Persons whatsoever who shall hereafter upon any Contract to be made take accept or receive by any way or means or Corrupt Bargain Loan or Exchange Shift or Interest of any Moneys or by deceipt or any other Fraudulent Conveyance for forbearance or giving day of Payment for one whole Year or in proportion for a longer or shorter time for their Monies the Sum of Ten Pounds Currant Mony aforesaid shall Forfeit and lose for every such his or their Offence treble the Value of the Mony lent or bargained for by any way or means whatsoever One Moyety of which Forfeitures shall be to Our Soveraign Lord the King his Heirs and Successors for and towards the support of the Government of this Island and the Contingent Charges thereof the other Moyety to him or them that shall Sue for the same in any Court of Record within this Island wherein no Essoin Protection or Wager of Law shall be allowed And whereas certain evil disposed Goldsmiths deceitfully do make and sell Plate and other Gold and Silver Wares to the great Defrauding of his Majesties Subjects of this Island for remedy whereof Be it Enacted by the Authority aforesaid That no Goldsmith or Worker in Gold or Silver within this Island from and after the first day of August in the Year of our Lord One Thousand Six Hundred Eighty and One shall Work Sell Exchange or cause to be Wrought Sold or Exchanged any Plate or other Goldsmiths Ware of Gold less in fineness than twenty two Carrats and that from the time aforesaid no Goldsmith or Worker in Gold or Silver shall Make Sell or Exchange in any place within this Island any Plate or Goldsmiths Wares of Silver less in fineness than that of Eleven Ounces two Penny weight and that no Goldsmith or Worker in Gold or Silver shall presume to put to Sale Exchange or Sell any Plate of Goldsmiths work of Gold or Silver before he hath set his own Mark to so much thereof as may conveniently bear the same upon pain of Forfeiting the Value of the thing so Sold or Exchanged And be it further Enacted and Ordained by the Authority aforesaid That whatsoever Goldsmith or Worker in Gold or Silver as aforesaid from and after the said first day of August shall presume to Sell or Exchange any Gold or Silver Wares of less fineness than aforesaid for every such first offence shall forfeit treble the Value of the said Wares so Sold or Exchanged one half whereof shall be to our Soveraign Lord the King his Heirs and Successors for and towards the support of the Government of this Island and the Contingent Charges thereof and the other half to the Party aggrieved to be recovered in manner and form aforesaid and whosoever shall offend the Second time and thereof be convicted shall stand in the Pillory for the space of one Hour and lose his Ears for the same An ACT For the better Securing certain Titles made by way of Release and Confirmation under the Great Seal of this Island WHereas Nicholas Keen and John Duray Late of this Island Died Aliens or otherwise Incapable by Law to make any good Devise or other Conveyance of such Real Estate as they or either of them Dyed Seized of in this Island And forasmuch as Redman Macragh Claiming under one Dennis Macragh Deceased who Claimed under the last Will and Testament of the said Nicholas Keen hath as well through his own Industry and Expence as the great Charge and Hazard of the said Dennis very Considerably Improved the said Estate of the said Nicholas Keen And that Samuuel Bradway
Justice of the Peace without giving Notice to the Captain of the said Fort or whosoever shall Command in Chief therein in his Absence which said Notice shall be sufficient Leave to pass the said Fort without any further Charge or trouble whatsoever unless the said Captain or other his Subordinate Officer have reasonable cause to Suspect the Person so desiring leave to have some evil design in going off with or carrying off any Persons contrary to Law in which Case it shall and may be Lawful for the said Captain or his aforesaid Officer to hinder their departure out of the Harbour until the said Captain or Officer be satisfied of the Lawfulness of their occasion any Act Custom or Usage to the contrary notwithstanding Be it also further Enacted by the Authority aforesaid That no Person whatsoever presume to Fire any small Arms after eight of the Clock at Night unless in case of an Alarm Insurrection or other lawful occasion and in either of the said Cases Four Muskets or small Arms distinctly Fired shall be taken for an Alarm from Quarter to Quarter and every Person that shall be duly convicted before a Regimental Court Martial of neglecting his Duty in taking and giving forward any Alarm by Firing Four Muskets or small Arms as aforesaid or shall be Guilty of Firing any small Arms after Eight of the Clock at Night unless as aforesaid shall be Fined or otherwise punished at the discretion of a Court Martial not extending to Life or Limb. And whosoever shall be found to be a Transgressor herein by the next Commission Officer under Penalty of Five Pounds be caused to be Apprehended and sent under a Guard to the next Marshal who is hereby obliged under Penalty of Twenty Pounds to receive and secure the said Offender until he shall be Tryed or Discharged by a Court Marshal as aforesaid And for the better Prevention of False Alarms That no Captain Master or Commander of any Ship or Vessel Riding at Anchor in the Harbour of Port-Royal or any other Bay or Harbour or any other Person Fire any Gun after Sun set under Penalty of Forty Shillings for every Gun so Fired to be Levyed by Warrant from the Chief Officer not under the Degree of a Captain who is hereby Impowered to Administer an Oath and give Judgment thereupon by Distress or Sale of the offenders Goods and for want of Distress the said Chief Officer is hereby Impowered to Commit such Offender to Goal there to remain until payment of the same and that in Case the said Chief Officer shall not perform his Duty therein he shall forfeit Ten Pounds to be levyed by Warrant from the Governour or Commander in Chief for the time being Provided always that this Clause shall in no ways concern or extend to any Captain or Officer of any of His Majesties Ships of War for their Firing of one Gun for the setting of the Watch. Provided always and it is hereby further Enacted and declared by the Authority aforesaid That nothing in this Act contained be expounded construed or understood to diminish alter or abridge the power of the Governour or Commander in Chief for the time being but that in all things and upon all occasions he may act as fully and freely as Captain General and Chief Governour to all Intents and purposes as if this Act had never been made any thing in this Act to the contrary notwithstanding Provided also And it is hereby Enacted and Declared by the Authority aforesaid That nothing within this Act or any clause therein contained shall be deemed construed or understood to give any Captain General or Commander in Chief any Power or Authority for the sending any Person or Persons of this Island against their will or to do any other act or thing contrary or repugnant unto the known Laws of England or this Island An ACT For prevention of Law Suits BE it Enacted and Ordained by the Governour Council and Assembly And it is hereby Enacted and Ordained by the Authority of the same That all Possessions of or Titles to any Lands or Houses whatsoever derived by or from any Sales for Valuable considerations made either by the Brovost Marshals Creditors or by the Executors or Administrators of any Persons Deceased or by the Husbands in Right of their Wives or by the Endorsments or Delivery up of Patents or by any Decrees in Chancery or by any Last Wills and Testaments or by any Patent Granted upon Judgment given in Writs of Escheat or Cessavit and the said Person or any claiming under them now being in Possession of the same be by this present Act Ratified Confirmed and Declared good and Legal to all Intents and Purposes whatsoever Provided always that such Possessors or Purchasors their Heirs or Assigns have or shall continue in quiet or peaceable Possession of the same for the space of Seven Years without any Claim or Interruption and the said Sales Patents Decrees and Possessions as aforesaid to be a perpetual Bar against all manner of Persons Claiming or to Claim any Right or Title by Descent Purchase Marriage or Limitation for or by reason of any former Grant Gift Patent or Conveyance any Law Custom or Usage in any wise to the contrary notwithstanding And it is hereby Enacted and Declared by the Authority aforesaid That in all Writs of Escheat hereafter to be Granted the Provost Marshal be commanded to Inquire by a Jury of Twelve Free and Lawful Men upon their Oaths they then being upon the Premises the true Value of all and singular the Real Estate which any Person so Dying without Heirs was at the time of his Death Sei zed of and that after Office found and returned into the Supreme Court and Judgment hereupon given and Recorded It be Lawful for the Governour for the time being or in his absence the Commander in Chief to pass any Grant of the said Escheated Estate under the Broad Seal of this Island Provided that a Clause be therein Inserted that the said Grant shall determine and be Voyd in case any Right Heir appears and Claims the same and Legally approves himself to be Heir within Three Years after the Date of the said Patent and that the Value of the said Escheated Estate as it was Apprised at shall be secured to be paid unto the Treasury of this Island after the Expiration of Three Years from the Date of the Patent If no Heir in the mean time shall Obtain the same by such Person or Persons to whom the Governour or Commander in Chief as aforesaid shall by Patent under the Broad Seal of this Island grant the same and that the Treasurer or Receiver be hereby required to pay or cause to be paid the Sum or Sums of Mony the said Escheated Estate was Valued at out of the Treasury unto or for the Use of such Heir who shall Claim the same and Approve Himself to be Heir before any other Payment whatsoever which Proof of the Heirs
Title shall be made by any publick Attestation or otherwise as shall be beleived to be Evidence by the Judges and Jury to be recovered at any time without Limitation And be it further Enacted by the Authority aforesaid That all Bills of Sale and Conveyances whatsoever heretofore made or that hereafter shall be made by Husband and Wife and acknowledged before the Judge of any Court of Record within this Island and duly Recorded shall be good and Valid in Law against all Persons whatsoever that can or may pretend to Claim any Estate in the Lands or Tenements so conveyed to all Intents and purposes whatsoever as if the same had passed by Fine and Recovery in any of his Majesties Courts of Westminster Provided always that where any true and Valuable Improvement is made on such Escheated Land by the Patentee or Patentees during the said Three Years that such Heir before his Entring upon the same shall satisfie and pay unto such Patentee or Patentees all such Charges as the Chancellour for the time being shall judge to be reasonably Expended together with the Interest of the same according to the Custom of this Country any thing herein contain'd to the Contrary notwithstanding An ACT For Establishing Courts and directing the Marshals Proceedings FOr the better and more Orderly Regulation and Establishment of the several Courts of Justice within this Island as well in respect of the time as place for holding the same and also directing the Marshals Proceedings Be it Enacted by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same That the Judges of the Supream Court of Judicature for the time being are hereby fully Impowered and Authorized to have Cognizance of all Pleas Civil Criminal and Mixt as fully and amply to all intents and purposes whatsoever as the Courts of Kings Bench Common Pleas and Exchequer within His Majesties Kingdom of England have or ought to have and the said Court shall be duly and constantly kept at the Town of St. Jago de la Vega and not else where once every three Months and not oftner and that there be Five Judges at the least appointed to hold the same Court three whereof to be a Quorum and that the several Inferior Courts of Common Pleas established or that shall be Established in the several Precincts of this Island shall have Jurisdiction over all Causes wherein any Free-hold isnot concerned to the Value of Twenty Pounds with Cosles and no more and that the same be held and kept at the same time and in the same place of the respective Precincts where the Justices of the Peace shall hold and keep the Quarter Sessions once every three Months and that none of the said Courts be kept oftner nor in any other place or manner than is hereby declared Provided always and it is hereby Enacted by the Authority aforesaid that in respect Port-Royal is the Chief Seat of Trade within this Island and it is found by Experience that a quicker and more speedy dispatch of all Maritine and Merchandizing affairs give the greatest satisfaction to all Parties concerned it shall and may be Lawful for the Judg or Judges of the Court there Established to hold and keep the same once every two Months and not oftner and that it shall and may be Lawful for the Chancellour here for the time being upon application made to Grant a Justices to any of the Inferiour Courts within this Island any thing herein contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That it shall not be Lawful for any Person or Persons whatsoever Appointed Elected or Chosen to be a Judge or Judges of the aforesaid Courts to Execute or Officiate his or their said Place or Office until such time as he or they shall respectively take the Oaths of Allegance and Supremacy in open Court and that none of the said Judges directly nor indirectly shall ask demand or receive any other profit benefit or advantage from any of the Clarks of the said Courts or other Person whatsoever under colour or pretence of such their Place Office or Authority but what is allowed them by the Acts of this Island under the Penalty of Five Hundred pounds of Currant Mony of this Island And be it further Enacted by the Authority aforesaid That all and every of the Judges of the several Courts before mentioned be and are hereby sufficiently Empowered to make order and establish all such Rules and Orders for the more orderly practising and proceeding in their said Courts as fully and amply to all Intents and purposes whatsoever as all or any of the Judges of the several Courts of the Kings Bench Common Pleas and Exchequer in England Legally do and that no Councillour or Attorney be suffered to practise in any of the said Courts until they be first admitted by the same and have taken as well the Oath of an Attorny as the Oaths of Allegiance and Supremacy under the Penalty of Twenty pounds of Currant Mony of this Island and whatsoever Councillor or Attorney shall by negligence or ignorance mistake his Clients Cause and Imperfectly lay his Action or ill Draw the Declaration whereby the Client shall suffer a Non-suit he or they so offending shall be lyable by Rule of Court without any other Process or course of Law whatsoever to pay unto the party aggrieved full Costs of Suit and to the end that no Person shall be Damnified by mistake of his Lawyer for matter of Form only Be it Enacted and Declared by the Authority aforesaid That the Judges shall at all times on Motion made in Court order Amendments and shall not upon Arrest of Judgment or Writ of Errour for matter of Form only reverse any Judgment whatsoever And be it Enacted and Declared by the Authority aforesaid That no Action of Wast shall be permitted to be brought or allowed to lye within any Court of this Island and that no Free-holder whatsoever being of know Residence shall be Arrested by any Process out of any of the said Courts upon the Penalty of Twenty pounds Currant Mony to be paid by the Plaintiff to the Party so Arrested and what Action or other proceeding whatsoever shall be entred sued had made or prosecuted thereupon contrary to the true intent and meaning thereof shall and is hereby declared to be void and of no Effect to all intents and purposes whatsoever And that no Suit be had or Process taken out of the Supream Court of Judicature for any matter or Cause of Action under the Value of Twenty pounds Currant Mony of this Island upon the Penalty of Twenty Pounds of the like Money to be paid by the Plaintiff in the said Action but that the same be tryed in the Court of the Precincts where such Cause of Action doth arise Provided that both Parties reside there and that the Inhabitants and Residents in St. Catharines St. Dorothy's St. Thomas
the several Liquors and Goods aforesaid imported into this Island by way of Merchandize And be it further Enacted by the Authority aforesaid That every Merchant or other Person Importing any Wines or other Liquors into this Island shall being thereunto required by the Collector within Twenty Days after Landing make up Accounts and give Bonds in the Penalty of double the Value the same shall amount unto and upon such accompt so to be made up and Bond given as aforesaid shall be allowed after the rate of Ten Per Cent for Leakage and shall have time for Payment thereof as is hereafter Mentioned That is to say from the end and expiration of the first two Months from the making up such Accompts to pay one third part thereof and another third part at the end of the fourth Month and the remainder at the end of the Six Months And that every Hogs-head of Wine or other Liquors that shall not have full Seven Inches or above left therein and every Butt or Pipe not above Nine Inches shall be accounted for outs and the Merchant or Importer to pay no Custom for the same and in case of difference that may arise between the Importer or Master of the Vessel touching Leakage on Board and for Wines or Liquors that shall happen to Soure within the aforesaid Twenty Days the Person or Persons so aggrieved shall have a Warrant of Survey from the Naval Officer who is hereby impowered and required to grant the same and that returns of such Warrants to be granted as aforesaid shall be made upon Oath to the said Naval Officer and by him remitted to the Collectors Office in Order to the making up their Accompts with the Collector and better proving their Damage by Ill Stowage or otherwise and in case any such Merchant or Importer shall being thereunto required as aforesaid refuse to make up his Accompto and give Bonds as aforesaid he shall lose the benefit of the Ten Per Cent for Leakage and the time given for the payment of the Mony and if the Receiver shall be forced to Sue for the same and do recover the Defendant shall pay treble Damages And it is further enacted by the Authority aforesaid that if at the entry of any Ship or Vessel in the Naval Office it shall appear by the Masters report or otherwise that he hath imported any Madera Wines he the said Master or the Boat-swain shall take the following Oath which the said Naval Officer is hereby Impowered to administer I A. B. do swear that the Wines by me Imported were taken on Board at the Island of Madera and that I do not Directly or Indirectly know but that the said Wines are of the said Island without any mixture of the Wines of the growth of any of the Western Islands so help me God And if the said Master or Boat-swaine shall resuse to take the abovesaid Oath that then the said Wines so Imported shall be deemed and taken to be Wines of the Growth of the Western Islands and shall pay Customs accordingly And it is further Enacted and Declared by the Authority aforesaid That if all or any of the aforesaid Liquors or Goods lyable to the Duties aforesaid be Landed and afterwards Exported within Twelve Months after the Importation thereof that the Collector or Receiver shall discompt or repay unto the Owners or their Assigns half the Customs of the said Liquors and Goods according to the Rates before mentioned which the Collector or Receiver is to repay or compt on the Penalty of double the Sum for every such refusal to the Party aggrieved And it is likewise further Enacted and Declared by the Authority aforesaid that all Ships and Vessels coming from any Place to the Northward of the Tropick of Cancer to Trade within this Island shall respectively Pay for every Tun such Ship or Vessel shall contain and for every time they arrive one Pound of good and new Gun-powder and also all Ships and Vessels trading any way to the Southward of the Tropick of Cancer shall respectively pay for every Tun such Ship or Vessel shall contain One Pound of good and New Gun-powder once every Year and no more the same to be to our Soveraign Lord the King His Heirs and Successors for the publick use of this His Majesties Island And it it is likewise further Enacted and Ordained by the Authority aforesaid That the Collector or Receiver appointed for the receipt of such Gunpowder shall receive the same in Specie and not presume in lieu thereof to receive mony or any other consideration whatsoever upon Penalty of Twenty Pounds Currant mony for every such offence And it is likewise Enacted by the Authority aforesaid That if any Master or Commander of any Ship or Ships Merchant Factor Purser Mariner or any other Person whatsoever without the presence of the Collector or some Person appointed by him or notice given him or before his or their Regular entry made with the said Collector or payment of the Duty or Security given by Bond as aforesaid shall after Sun-set and before Sunrising put on Shoar or put into any Boat or Vessel in order to Landing any of the Liquors or any Goods contained or mentioned in this Act with an intent to defraud His Majesty of his Customs for the same the said Liquors and Goods shall be forfeited two Third parts to Our Soveraign Lord the King His Heirs and Successors for and towards the support of the Government of this Island and the contingent Charges thereof and the other third part to the Informer or Seizer be it the Receiver his Agents or any other Person whatsoever the same to be recovered by Bill Plaint or Information in any Court of Record within this Island any thing in this Act or any other to the contrary notwithstanding And all manner of Persons are hereby required to be Aiding and Assisting to the Receiver his Agents the Informer Discoverer and Seizer of such Liquors or Goods so Landed or unladen contrary to the true intent and meaning of this Act. And it is hereby further Enacted by the Authority aforesaid That it shall and may be Lawful for the Receiver his Agents the Informer or Discoverer by Vertue of a Warrant from the Commander in Chief or any of his Majesties Justices of the Peace to that purpose first obtained with one Constable or more to search according to Law all manner of Houses Cellers Warehouses and Shops for such Liquors and Goods as they or any of them shall be Informed were carryed there to be concealed in prejudice to the true meaning of this Act and such Liquors and Goods so found shall be forfeited and Condemned in Manner and Form before mentioned Provided that the Search be made within Three days after Information And it is likewise further Enacted and Ordained by the Authority aforesaid That during the continuation of this Act the Collector or his Deputy give his or their attendance at his Office from Nine to
Eleven of the Clock in the Morning and from two to Four in the Afternoon upon Penalty of Twenty Pounds Currant mony of this Island for every default Be it likewise Enacted and Ordained by the Authority aforesaid That all and every Person and Persons whatsoever in this Island which from and after the making of this Act shall have or receive from the Governour or Commander in Chief of this Island a Licence to Sell and retail any Strong Liquors in any part of this Island shall pay for the said Licence and every Year for renewing of the same the Sum of five Pounds Currant Mony to Our Soveraign Lord the King His Heirs and Successors And whosoever shall presume to Sell by Retail any of the strong Liquors as aforesaid without such License had and obtained as aforesaid shall forfeit for every such Offence the Sum of Ten Pounds currant Money of this Island And it is hereby Enacted and Declared by the Authority aforesaid That if any new Setler or Comer shall import into this Island any Rum Sugar Tobacco Indico Cocoa Ginger or Cotton by himself or any other person or persons for his or their better conveniency in Settling and Planting and shall not only declare such his or their intentions upon Oath before the Collector who is hereby impowered to Administer the same at the time of importation but shall likewise make the same appear within three Months after his or their arrival by some visible effect which he or they shall shew in order to it that then the same being sufficiently made known and appear to the said Collector or Receiver the said Goods shall not be chargeable with any Duty or Customs any thing in this Act to the contrary notwithstanding And the said new Comers to enjoy the aforesaid Priviledge for three Months after their arrival Provided also that it shall and may be lawful for any Master or Merchant of any Ship or Vessel to land or put on shore any of the said Goods without being further liable to pay any Duty or Custom for any part or parcel thereof more than what he shall sell or dispose of within this Island any thing in this Act to the contrary notwithstanding And it is further Enacted by the Authority aforesaid That as well his Majesty's Quit-Rents arising from Lands granted or to be granted within this Island and every part and parcel thereof as also all and every part of the Revenue hereby granted or which hereafter shall grow due by Vertue of this Act or any thing herein contained shall be applied and appropriated and are hereby appropriated to the Support of the Government of this his Majesty's Island and the contingent Charges thereof and to no other use intent or purpose whatsoever And that His Majesty's Forts and Fortifications within this Island may for the future be kept in better repair And if His Majesty in his great Wisdom shall think convenient other new ones may be built Be it further Enacted by the Authority aforesaid That the Sum of One Thousand Pounds per Annum arising as aforesaid be during the Term of Seven Years Annually paid and appropriated unto the Repairing Building and Rebuilding of His Majesty's Forts and Fortifications within this Island and to no other use intent and purpose whatsoever and the same is hereby appropriated accordingly And it is hereby further Enacted by the Authority aforesaid That the Collector or Receiver-General of this Island for the time being or he that shall Officiate in his room or stead shall annually during the Term aforesaid out of the Money received by Vertue of this Act charge down the said One Thousand Pounds so as aforesaid appropriated to the particular Accompt of the Fortifications and shall keep a distinct Book of Accompts for the same which Book of Accompts shall be free and open at all Office-hours for any person to view the same without paying any manner of Fee therefore and that the said Receiver-General or his Deputy shall when and as often as thereunto required by the Governour Council or Assembly when sitting or to any Committee by them or either of them to be appointed give in upon Oath which Oath they are hereby empowered to Administer a just and true Accompt of the particular Disbursements out of the Thousand Pounds per Annum so appropriated as aforesaid and that the said Receiver-General shall with good and sufficient Security such as shall be approved of by the Governour and a Quorum of the Council enter into Bond in the Penalty of Five Thousand Pounds which Bond shall lie in the Secretary's Office to be sued in manner and form as is directed in an Act requiring all Masters of Ships and Vessels to give Security in the Secretaries Office under the Condition hereafter expressed That is to say THE Condition of this Obligation is such That if the above bound A.B. Collector or Receiver-General shall well and truly accompt for as often as he shall be thereunto required by the Governour for the time being and a Quorum of the Council or a Committee of the Assembly all and every such Sum and Sums of Money which either have or shall come to his hands either by Vertue of an Act intituled An Act for Raising a Publick Impost made at an Assembly held by Prorogation the Fourth day of October in the Thirty third Tear of His Majesties Reign or an Act intituled An Act for Raising a Publick Impost made at an Assembly held by Prorogation the Twenty first day of September in the Thirty fourth Year of His Majesty's Reign that now is or any other Act or Acts whatsoever as also well and truly to pay the Sum of One Thousand Pounds yearly and every Year for and during the time the aforesaid Act made in the Thirty fourth Year of the King's Reign intituled An Act for Raising a Publick Impost shall be in force by Warrant of the Governour with the Advice and Consent of a Quorum of the Council for and towards the Repairing and Building Fortifications and also pay all other Sums of Money according to the intent and meaning and to the uses mentioned and directed in the said Acts that then this present Obligation to be void otherwise to remain in full force and vertue And in case the said Collector or Receiver-General or his Deputies shall presume to Act in the said Office longer than twenty days after the passing of this Act before he hath given the Security with the Condition aforesaid he or they shall for every such Offence forfeit the Sum of One Thousand Pounds currant Money of this Island One third part thereof to be to our Soveraign Lord the King His Heirs and Successors for and towards the support of the Government of this Island and the contingent Charges thereof One other third to the Informer or him that shall sue for the same and the other third to the Poor of the Parish where the said Informer shall be resident to be recovered in
any Court of Record within this Island by Bill Plaint or Information wherein no Essoin Protection Wager of Law or Non vult ulterius prosequi shall be admitted or allowed any thing in this Act or any other seeming to the contrary notwithstanding And that the said Collector Receiver or his Deputy shall not at any time hereafter upon any pretence whatsoever pay the said One Thousand Pounds per Annum or any part or parcel thereof or any other Sum or Sums of Money whatsoever arising from the Quit-Rents or by Vertue of this Act unless he or they shall first have or receive for his or their Authority a Warrant under the Hand and Seal of the Governour or Commander in Chief for the time being with the Advice and Consent of the Council expressing the Sum to be paid and the end and purpose whereunto the same is or shall be applied And in case the Collector Receiver-General or his Deputy shall contrary to the true intent and meaning hereof pay any Sum or Sums of Money whatsoever or if any other person or persons whatsoever shall misapply any of the Moneys so as aforesaid appropriated contrary to the true intent and meaning of this Act the Offender or Offenders shall forfeit and pay treble the Sum by him or them so paid or misapplied Be it further Enacted by the Authority aforesaid That all Forfeitures and Penalties mentioned in this Act and not declared how they shall be disposed of and in what manner to be recovered shall be one half to our Sovereign Lord the King His Heirs and Successors for and towards the Support of the Government of this Island and the contingent Charges thereof and the other half to the Informer to be recovered by Bill Plaint or Information in any Court of Record within this Island wherein no Essoin Protection Wager of Law Non vult ulterius prosequi or Injunction shall be allowed any thing in this Act or any other to the contrary in any wise notwithstanding And it is hereby Enacted and Declared by the Authority aforesaid That from and after the First day of this present October an Act intituled An Act for Raising a Publick Impost made at an Assembly held at the Town of St. Jago de la Vega the Fourth day of October in the Three and thirtieth Year of His Majesty's Reign that now is and all and every Clause and Clauses therein contained be and are hereby repealed to all intents and purposes whatsoever And it is hereby Enacted and Declared by the Authority aforesaid That this present Act remain and continue in force for the Term of Seven Years and no longer WHich Laws having upon the perusal of the Right Honourable the Lords of the Committee of Trade and Foreign Plantations been presented to His Majesty at this Board His Majesty was graciously pleased with the Advice of His Privy Council to approve and confirm the same for the space of Seven Years to commence from the First of October last preceding the Date hereof And pursuant to His Royal Pleasure thereupon signisied and expressed the said Laws are hereby approved and consirmed for the space of Seven Years accordingly John Nicholas FINIS LAW-BOOKS Printed for or Sold by Charles Harper at the Flower-de-Luce over against St. Dunstan's-Church in Fleet-street Folio Law THe Statutes at large from Magna Charta to this present Year 1682. in Paragraphs and Sections with References to the Books of the Law and an exact Table By Joseph Keble of Gray's-Inn Esq in folio An Assistance to Justices of the Peace for the easier performance of their Duty The first Part thereof being a Collection of all the particular Clauses of Statutes from Magna Charta to this time that does any ways concern Juslices of the Peace In the other Part the whole Office of a Justice is methodically digested with the newest and most approved Presidents under proper Heads the whole accommodated to present use By Joseph Keble of Gray's-Inn Esq A Collection of Entries c By William Rastal fol. The Lord Coke's Book of Entries His Commentary on Littleton being the first Part of the Institutes His Commentary on Magna Charta c. or the 2 d Part of the Institutes His Pleas of the Crown or 3d. Part of the Institutes His Jurisdiction of Courts or 4th Part of the Institutes His 11 Reports in French with a Table and the 12th and 13th in English His 11 Reports compleat in English with a Table An Abridgment of Cases and Resolutions of Law contained as well in the Law-Books Statutes and Records as of modern Judgments in the Courts of Westminster By H. Roll Serjeant at Law Published by the L. C. J. Hales The Year Books in to Volumes the last Edition with new Notes and Tables to them all Origines Juridiciales oran Account of the English Laws Courts of Justice Forms of Tryal Punishment in Cases Criminal Law-Writers Law-Books Grants and Settlements of Estates c. Also a Chronology of the Lord Chancellors Keepers Treasurers Justices Itinerant Judges Barons Masters of the Rolls Kings Attorneys and Sollicitors and Serjeants at Law By Sir William Dugdale Kt. The Law of Common Assurances touching Deeds in general viz. Feoffinents Gifts Grants Leases with two Alphabetical Tables By William Sheppard Esq The Country Justice containing the Practice of the Justices of the Peace as well in as out of Sessions By M. Dalton with large Additions printed 1682. Modern Reports By William Style of the Inner-Temple Esq Actions for Slanders By William Sheppard Esq Reports of H. Roll Serj. at Law in two Volumes in the Kings-Bench in the time of King James Prynn's Animadversions on the Lord Coke's 4th Institutes Sir Henry Yelverton's Reports in the King-Bench in the time of Queen Elizabeth and King James Published by Judge Wilde The Reports of Sir John Davies with a Table The Reports of the learned Judge Sir Henry Hobart The fourth Edition corrected and amended The Reports of Sir George Crook Kt. in the time of Q. Elizabeth K. James and K. Charles the First Collected in French by himself revised and published in English by Sir Harbottle Grimstone Master of the Rolls the third Edition in three Volumes This Book is now reprinted with References to all the late Reports Reports in the Kings-Bench in the time of King Charles the First By Jo. Latch of the Middle-Temple Reports of the late Reverend Judge Th. Owen Esq one of the Justices of the Common Pleas with Tables Reports and Arguments in the time of K. Charles the Second of that learned Judge Sir Jo. Vaughan lato Chief Justice of the Common Pleas. The Reports of Sir James Dyer in the time of H. S. Ed. 6. Phil. and Mary and Q. Elix with a Table The Reports of the Lord Keeper Littleton in the time of King Charles the First with Tables The Office and Authority of Sheriffs gathered out of the Statutes and Books of the Common Law Corrected and very much enlarged by Mich. Dalton with
Importers of White Servants to bring the same and may not then be discouraged nor their Servants lie upon their Hands for want of Buyers Be it Enacted by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same That no Merchant Master or Importer of White Servants shall presume to Sell any White Servant or Servants before they have been Ten Days Imported under the Penalty of Ten pounds for every such Servant so Sold the one Moyety to be to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges thereof the other Moyety to the Informer to be Recovered by Bill Plaint or Information in any Court of Record within this Island wherein no Essoign Protection or Wager of Law shall be allowed Provided nevertheless that for the Ten Days after Importation of any such White Servants as abovesaid the Factor or Seller shall pay the Master for their Diet aboard the Ship nor shall they be removed by the said Master from thence before the Ten Days be past under the Penalty aforesaid to be Recovered and Disposed of as aforesaid And be it likewise Enacted by the Authority aforesaid That whatsoever Master or Commander of any Ship or Vessel that shall bring in or Import into this Island to the Number of fifty White Male Servants and due Proof upon Oath being thereof made before the Naval Officer who is hereby empowered to administer the same shall for that Voyage be altogether freed and exempted from paying any Port-charges for the said Ship or Vessel wherein the said Servants shall be Imported any other Custom or Law to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That any Debt or Debts Contracted for any Servant or Servants Sold within this Island shall or may be Recovered by Warrant from any Justice of the Peace in the same manner as is provided in the Act empowering Justices of the Peace to decide Differences not exceeding forty shillings any Law Custom or Usage heretofore to the contrary notwithstanding And it is also hereby Enacted by the Authority aforesaid That from and after the Twenty fifth Day of March next ensuing no Person or Persons whatsoever employing themselves in the Trades or Exercises of Coopers or Porters within this Island shall use any Negro Slave or Slaves in their said Trades or Occupations under the Penalty of Twenty pounds for every such Offence to be Recovered and Disposed of as aforesaid Provided also That nothing be herein Construed to prohibit any Master or Owner of any Sugar-Work within this Island from making Cask at their respective Plantations or other convenient place as heretofore any thing in this Act to the contrary notwithstanding An ACT For Registring of Deeds and Patents BE it Enacted by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same That a Deed in due form of Law made and within three Months after the Date thereof acknowledged by the Party or Parties that grant the same or Proved by the Oath of one sufficient Witness or more before the Governour or some one of the Judges of the Courts of this Island and the same Recorded at length in the Office of Enrolments which said Office shall always be kept at St. Jago de la Vega within the said three Months shall be Valid to pass the same without Livery Seizin Attornment or any other Act or Ceremony in the Law whatsoever and that no Deed hereafter made without such Acknowledgment or Proof and Enrolment shall be sufficient to pass away any Free-hold or Inheritance or to Grant any Lease for above the space of three Years Provided nevertheless That any Old Deeds or Conveyances heretofore made for Lands or Houses and omitted to be Recorded upon being Acknowledged or Proved and at any time after the making hereof Recorded in the said Office of Enrolments shall be effectually Valid and of force but if it shall happen that any second Bill of Sale or Conveyance for a Valuable Consideration be made by the said Vendor or his Heirs for the same Land or Houses or any part thereof and the same be duly Executed and Recorded then it is hereby declared that the last Vendee shall have and enjoy the said Land or Houses any thing in this Proviso or otherwise to the contrary notwithstanding And if any Vendee hath omitted to execute and inroll his Deed within the time as aforesaid but shall at any time afterwards have done the same no second Sale being made by the first Vendor his Heirs or Executors the same shall nevertheless be good to the said Vendee his Heirs and Executors and a perpetual Bar against the first Vendor his Heirs and Executors any thing in this Act or any other to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all Deeds and Conveyances granted and made out of this Island and remitted hither being Proved before the Governour or any of the Judges of the Courts of Common-Pleas as aforesaid and all those Deeds and Conveyances where any Granter or Conveyancer shall Personally appear in His Majesties Court held before the Lord Mayor and Aldermen of the City of London for the time being and shall then and there own and acknowledge such Deed Grant or Conveyance to be his Act and Deed and an Attest thereof be made under the Seal of the Mayorality of the said City and the same be Recorded in the aforesaid Office within six Months of the Arrival of the Ship that brought the same shall to all intents and purposes whatsoever be as Valid as if the said Deeds or Conveyances had been here Made Acknowledged Proved and Recorded according to the form and time herein before appointed Provided nevertheless That if any Person here Lawfully empowered shall in pursuance of that Power make Sale of any Lands or Free-hold to any Person whatsoever within this Island and the Deeds thereof be duly Proved and Recorded according to the true meaning of this Act before any Conveyance from the Proprietor or Proprietors of the same Land or Freehold or any part thereof be here produced proved and Recorded as aforesaid the said Deed so made and passed here shall stand good and effectual in the Law to all intents and purposes whatsoever And it is hereby further Enacted and Ordained by the Authority aforesaid That any Mortgage of any Lands Tenements Real or Personal Estates whatsoever within this His Majesties Island having received full Satisfaction and payment of all such Sum and Sums of Money as are really due to him by such Mortgage shall at the Request of the Mortgager enter Satisfaction upon the Margent of such Mortgage Recorded or to be Recorded in the Office of Enrolments which shall for ever hereafter discharge defeat and release the same and shall likewise perpetually Bar all Actions brought or to be brought
maintain or keep a Ferry or Raft over the same Rivers for the space or term of Fourteen Years from and after the making hereof under the Penalty of Five Hundred Pounds Currant Money of this Island the one half to be for the Use of our Soveraign Lord the King for and towards the Support of the Government of this Island and the Contingent Charges thereof the other half for the Use of the said William Parker his Heirs or Assigns to be Recovered by Action of Debt Bill Plaint or Information in His Majesties Supream Court of Judicature within this His Majesties Island wherein no Protection Essoign Injunction or Wager of Law shall be allowed An ACT Impowering the Church-Wardens of St. Catherines to receive Twelve pence per Tun for all Goods made up in Cask that are landed on or shipped from the Bridg at Passage Fort for maintaining and repairing the same WHereas it is evident that the making and repairing the Bridg at Passage Fort hath been very chargeble to the Parish of St. Catherines considering the said Bridge is for the publick Use of several Parishes in respect whereof some care ought to be taken for easing the said Parish of the great Charge they are at in maintaining the same and that the several Persons that make use of the said Bridge should proportionably pay towards the doing of it Be it therefore Enacted by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same That from and after the making hereof all Goods whatsoever made up in Cask and that are landed either upon or shipped from the said Bridg shall pay Twelve pence per Tun and so proportionably for a greater or lesser quantity And it is Enacted by the Authority aforesaid That the Church-Wardens of St. Catherines for the time being shall take care that the Bridg be kept in sufficient Repair and in case of their Neglect therein that then the aforesaid Church-Wardens shall forfeit respectively Ten pounds one half thereof to the Informer and the other half to the Poor of the said Parish to be recovered by Bill Plaint or Information in any Court of Record within this Island wherein no Essoin Protection or Wager of Law shall be allowed And it is further Enacted and declared by the Authority aforesaid That the Church-Wardens of the said Parish of St. Catherines are hereby Empowered to Appoint such Person or Persons as they shall think fit for collecting the aforesaid Duty and to employ the same to the use and behoof of the aforesaid Parish and if any Person or Persons shall refuse to pay the aforesaid Duty it shall be lawful for such Collector as shall be appointed by the Church-Wardens aforesaid to detain or keep in his possession the Goods of the Person or Persons so refusing until he or they shall have satisfied the same as it is before expressed any Law Custom or Usage to the contrary notwithstanding An ACT For Confirmation of Pious Charitable and publick Gifts and Grants TO the Intent that Pious Charitable and publick Gifts and Grants so necessary in new Colony's to be encouraged and made Good may not be defeated but may take Effect according to the True Intent and Meaning of the Donor or Donors Devisor or Devisors notwithstanding any Incapacity in the Grantee or Devisee or those to whose Use the same is granted or devised Be it therefore Enacted and Ordained by the Governors Council and assembly and it is hereby Enacted and Ordained by the Authority of the same that for and during the Term and time of Twenty years next ensuing all Gifts Grants Conveyances and Devices of any Houses Lands Tenements Rents Goods or Chattels to any Good Pious Charitable or Publick use or uses as for the maintenance of Lawful Ministers erecting or maintaining of Churches Chappels Schools Universities Colledges or other places for Education of Youth or maintenance of men of Learning or any Alms-houses or Hospitals or any other uses whatsoever heretofore made and hereafter to be made within the time aforesaid be and are hereby for ever confirmed and made good according to the true intent and meaning of the Donor or Donors Grantor or Grantors Devisor or Devisors the Statute of Mortmain or any other Statute Law Custom or Usage to the contrary notwithstanding Provided nevertheless and it is hereby enacted and Ordained that no Gifts Grants or Devise to any Person or persons whatsoever for any superstitious use or for maintenance of any Minister or Teacher whatsoever other then such as are lawfully Ordained and allowed of by the Church of England be hereby confirmed and made good any thing herein or in any other Act seeming to the contrary in any wise notwithstanding An ACT Declaring it High Treason to counterfeit His Majesties Broad Seal of this Island FOrasmuch as by the Laws of this Island no due and condign Punishment hath been heretofore provided for such as shall falsify forge or counterseit his Majestys Broad Seal of this Island by reason whereof diverse evil disposed persons may be emboldened to perpetrate and commit the said Offence to the dishonour of his Majesty and the disinheriting of many of his Majestys good Subjects for prevention whereof Be it Enacted and Ordained by the Governor Council and assembly and it is hereby Enacted and Ordained by the Authority of the same that whosoever shall at any time hereaster Falsify Forge or Counterfeit his Majesties Broad Seal of this Island that every such offence shall be deemed and Judged High Treason and the offender or offenders therein their Councellers Ayders Abetters or Concealors being legally convicted thereof by the Oaths of two lawful and credible Witnesses upon Trial or otherwise then every such person and persons so offending as aforesaid shall be deem'd declared and adjudged to be Traytors and shall suffer and have such Pains Penalties and Forfeitures as in like Cases is Ordained by the Laws and Statutes of his Majesties Kingdom of England An ACT For Clearing of Rio Cobre above and below Caymana's Whereas the River called Rio Cobre or the Town River that passeth by St. Jago De La Vega is for several Miles together about the Caymana's stopt up and hath wholly lost its old Channel by means of the extraordinary Floods and by the abundance of Trees and great quantitys of rubbish that hath been fallen above the said River and upon other small Rivers and Gullies that fall into the same whereby several Plantations above and below the stop are upon small Floods totally overflown and the stop by the means aforesaid daily encreaseth so that it is evident that in a short time if no Remedy be applyed all the settlements and Sugar-works thereabouts will be altogether lost and what is good Manurable Land now will be turned into mere Bog and Morass unfit to raise Cattle in or convert to any other use which will not only be a very great loss to to this Island in General but an utter ruin to the
decayd Vessels or Wreeks sink in the Harbour by neglect of the Owner or Owners Possessor or Possessors of the same and not removed within one Month after the sinking thereof the said Owner or Owners Possessor or Possessors of the same shall forfeit Twenty Pounds for every Month such Vessel shall so lye Provided also that the several Fines Forfeitures and Penalties before mentioned in this Act and not declared where they shall be recovered and how disposed of be one third to our Soveraign Lord the King his Heirs Successors for and towards the support of the Government of this Island Contingent Charges thereof one third to the Church-Wardens for the use of the Respective Parishes and one third to the Informer to be recovered by Action of Debt in any Court of Record within this Island where no Essoins Protection or Wager of Law shall be allowed any Law Custom or Usage to the contrary notwithstanding And forasmuch as great and diverse complaints are daily made by Masters and Commanders of Ships and Vessels Trading to this Island that upon their Ships or other Vessels coming into any Harbour of the same the Seamen belonging to the said Ships or Vessels do run on Shore insomuch that they have not left on Board a sufficient Number of men to watch the said Ships or Vessels Be it therefore Enacted and Ordained by the Authority aforesaid That all and every Person or Persons that shall receive or entertain any Seaman or Seamen belonging to any Trading Ships or Vessels Riding in any Harbour of this Island after the Ships Bell Ringing to set Watch at eight of the Clock at night every such Person or Persons receiving or Entertaining of every such Seaman as aforesaid shall forfeit for the Entertainment of every such Seaman the Sum of Forty Shillings one half to the Poor of the Parish where the Offence is or shall be committed and the other half to the Master or Commander that shall Prosecute for the same to be recovered by a Warrant from a Justice of the Peace as in cases of Debt not exceeding Forty Shillings An ACT For the Maintenance of Ministers and the Poor and Erecting and repayring of Churches For raising a convenient maintenance for the Ministers and Poor and Erecting and repairing of Churches within this Island Be it Enacted by the Governour Councel and Assembly and it is hereby Enacted by the Authority of the same That the respective Justices of every Parish within this Island or any two of them shall every Year Issue out their Warrants to the Constables and Tything-men to Summons the Freeholders of that Parish together on the Second Tuesday in January for the Choosing of Ten Vestry-men and two Church-Wardens such as shall conform to the Church of England and if they shall neglect to Issue their Warrant so as the Election be not made that day they shall respectively forfeit five pounds Currant mony of this Island and in Case the said freeholders duly Summoned as aforesaid shall not appear or appearing do not Choose the said Ten Vestry-men and two Church-Wardens that then in their Default the said Justices shall within ten days after the said second Tuesday in January or any day after as to them shall seem convenient lay a reasonable Tax on the said Parish for the maintenance of the Minister and Poor and for Erecting convenient Churches and repairing such as are already made and making convenient seats in them and if the said Justices and Vestry-men shall neglect their duty herein they shall respectively forfeit five Pounds Currant mony of this Island And Be it further Enacted and Ordained by the Authority aforesaid That such of the Justices Vestrymen that shall not be present at the time ted to make the said Taxes and thereof be convicted by a Certificate under the hands of such as do appear and have no sufficient excuse for the same shall Respectively forfeit five Pounds Currant Mony of this Island and a Roll of the said Tax so made shall be delivered into the hands of the respective Constables of the said Purishes with a Warrant under the same signed by any two Justices of the Peace impowering him or them to Levy the said Tax and upon refusal to distrain and sell by Publick Outcry and pay the same into the hands of the Church-Wardens retaining to himself Twelvepence per Pound for Levying thereof and if any Person shall refuse to Pay what he is so Assessed and the said Constables Distrain for the same all his Charges shall be paid him with such further allowance for his pains as the said Justices or any one of them shall judge reasonable and if the said Justice or Justices shall neglect to Issue the said Warrant he or they shall respectively forfeit five Pounds Currant Mony of this Island and if the said Constables or any of them fail of their duty herein they shall respectively forfeit five Pounds Currant Mony of this Island and the Church-Wardens so Chosen shall undertake the said Office and receive and keep a good account of the Monies or goods Levyed by Vertue of this Act and the same Issue by Order from the said Iustices and Vestry-men of the Parishes for the purposes and intents aforesaid and the Church-Wardens shall as often as thereunto required yield and give a just and true account unto the Justices and Vestry-men of all their Receits and Disbursements and in case the said Church-Wardens or any of them shall neglect their Duty herein they shall respectively forfeit five Pounds Currant Mony of this Island for every refusal And be it further Enacted and Ordained by the Authority aforesaid That the respective Justices of the Parishes of St. Dorothy and St. Thomas in the Vale or any two of them shall every Year Issue out their Warrants to the Constables and Tything-men to Summons in the Freeholders of the said Parishes the Second Tuesday in February for the Choosing of ten Vestry-men and two Church-Wardens as aforesaid and that the said Justices and Vestry-men or the Major part of them are hereby impowered to lay on the Parishioners a reasonable Tax over and above the rate imposed on them by Vertue of this Act by the Justices and Vestry-men of the Parish of St. Catharines Provided it exceed not one Hundred Pounds Currant Mony of this Island for and towards the Building and Erecting Churches and making convenient Seats in them in their respective Parishes and to no other uses whatsoever and that whatsoever Rate or Rates hath been already assessed by the Justices and Vestry-men of the Parish of St. Dorothy's upon their Parishioners or any other Person or Persons having Land Goods or Stock within the said Parish is hereby Ratified Confirmed and Declared Lawful any Clause in this Act seeming to the contrary notwithstanding a Roll of any Taxes so made shall be delivered into the hands of the respective Constables of each Parish with a Warrant under the same signed by any two of the Justices
upon the Marshals return at the same Court as aforesaid that he hath levied such Effects and left them in the Defendants hands there issue out a Venditioni Exponas without any charge of Mile-money in these words following The King to the Provost-Marshal Greeting WHereas We lately commanded thee by Our Writ That of the Goods and Chattels real and personal of A. B. thou shouldest levy or cause to be levied as also Costs of Suit which C. D. hath recovered against him By Vertue of which Writ thou didst return unto Vs that thou hadst taken in Execution of the Goods of the said A. B. to the Value of the said Debt and Costs of Suit which said Goods remain in the Custody of the said A. B. by thee in form as aforesaid taken thou expose to sale and the Money thereof coming thou immediately render to the said C. D. for his Debt or Dammages and Cost as aforesaid but if the Goods aforesaid shall be imbezell'd or made away or that the said A. B. doth not deliver the same that then thou levy the said Debts or Dammages and Costs upon any other the Goods and Chattels of the said A. B. and immediately expose them to sale and if thou canst not find sufficient Goods or Chattels by which the whole Debt or Dammage and Costs may be satisfied that then you take the Body of the said A. B. and him safely keep so that thou have his Body before Vs at Our next Court to satisfie the said C. D. of the said Debt or Dammages and Cost or so much thereof as by thee cannot be levied and have thou then and there this Writ Witness c. By vertue whereof the said Goods shall be sold by publick Outery at the next Court of the Precincts where the Goods are taken and if they are so arrested or taken in the Parish of St. Catharines St. Dorothy's St. Thomas in the Vale or St. John's until they shall have petty Courts of their own erected Publication shall be then made at the same Court that the Return is made that the said Goods shall be sold twenty Days after by publick Outcry in the Parade-place of St. Jago de la Vega and the Money arising from the said Sale shall not remain in the Marshals hands but be paid to the Plaintiff or his Order within ten days under the Penalty of half the Debt to be recovered by the Plaintiff to his own Use in any Court of Record within this Island where no Essoin Protection or Wager of Law shall be allowed And it is further Enacted by the Authority aforesaid That where the Person against whom such Execution is issued hath not the Goods aforementioned in this Act by him to shew and offer to the Marshal within the time prescribed that nevertheless the Marshal shall not lay the Execution upon any Negroes Working-Cattel or Utensils upon or belonging to any Plantation Brick or Pot-work or any other Negroes whatsoever if the Defendant shew or deliver to him any other Stock or Cattel being in a Pen the said Cattel or Stock to be sold by publick Outcry upon Venditioni Exponas to be issued as aforesaid And it is further Enacted and Ordained by the Authority aforesaid That all Accidents that happen whilst the Goods that are taken in Execution remain in the Defendants possession be born and made good by the Defendant and that no property shall be by the Defendant transferred or made in or to any such Goods that shall be so taken in Execution by vertue of this Act. Provided always and it is hereby further Enacted and Declared That where the Body of the Defendant shall be taken in Execution that nevertheless if any Effects afterwards appear the Plarntiff may take out another Execution and levy the same on the said Effects for satisfaction of the said Debt any Law Custom or Usage to the contrary notwithstanding And it is further Enacted by the Authority aforesaid That where any Prisoner or Prisoners under Execution shall have nothing to maintain him her or themselves that then he she or they disclosing the same upon Oath unto two Justices of the Peace of the Parish where he she or they shall be Prisoners and making it appear to the Judges of the Supreme Court that he she or they have given notice to all their Creditors ten days before the said Court that they or either of them intend to take the benefit of this Act bringing likewise to the said Court a Certificate of such their Oath under the Hands and Seals of the said Justices that then the Prisoner or Prisoners so taken in Execution shall be publickly let to hire at the said Court the Marshal receiving for his Fees a proportionable share with the other Creditors and the Money so arising from the said Hire shall be paid to such persons as the Court shall appoint to be equally divided among the Creditors as aforesaid but in case any Creditors shall refuse to consent to letting the said Prisoner or Prisoners to hire that then such Creditor shall pay or cause to be paid to the said Prisoner or Prisoners Three Shillings and Six Pence Weekly Provided always and it is hereby Enacted That if any Prisoner or Prisoners so let to hire shall at any time afterwards come to have or enjoy an Estate having not first satisfied their Debts that then at all times hereafter the Judgment obtained against him her or them shall remain good and in force and another Execution shall be taken out and levied against the Goods and Chattels of the said Prisoner or Prisoners wheresover they shall be found And be it further Enacted by the Authority aforesaid That if the Provost-Marshal by himself or any of his Deputies shall levy any Execution in any other manner than what is herein before declared or shall ask demand or receive any Mile-money for the Executing any Writ of Execution or Venditioni Exponas shall forfeit One hundred Pounds currant Money of this Island for every such Offence to be recovered in any Court of Record within this Island wherein no Essoin Protection or Wager of Law shall be allowed the one Moity whereof shall be to Our Soveraign Lord the King His Heirs and Successors for and towards the support of the Government of this Island and the contingent Charges thereof the other Moity to the party aggrieved And it is further Enacted by the Authority aforesaid That the several Fines Forfeitures and Penalties before-mentioned in this Act and not declared how they shall be disposed of shall be recovered in any Court of Record within this Island wherein no Essoin Protection or Wager of Law shall be allowed the one Moity whereof shall be to Our Soveraign Lord the King His Heirs and Successors for and towards the support of the Government of this Island and the contingent Charges thereof and the other Moity to the Informer or he that shall sue for the same An ACT Appointing where the Laws of this
Island shall be Lodged WHereas no place hath been hitherto appointed for the lodging and securing the Acts of this Island so that his Majesties Subjects have been at no Certainty where to find the same and take Copies thereof to their great detriment and Inconveniency for remedy whereof for the future Be it Enacted and Ordained by the Governour Council and Assembly And it is hereby Enacted by the Authority of the same That from and after the end and determination of this present Session as well the Original Act heretofore made and Enacted since the Seventeenth Day of of March in the Year of Our Lord One Thousand Six Hundred and Eighty as those also herewith or that shall hereafter be Enacted shall be Lodged in the Secretaries Office of Enrolments at St. Jago de la Vega and not elsewhere and the Secretary for the time being shall at all Office Hours be ready to shew all or any of the said Acts when thereunto required by any of His Majesties Subjects as may or shall have occasion to View the same and shall give Copies thereof or any Clause in any of them contained for which he shall be allowed Eight pence per Sheet accounting Sixteen Lines to a Sheet and Fourteen Words to a Line and that he shall likewise be allowed for Comparing and Examining any Copy containing the whole body of the Laws with the Originals Forty shillings Currant Mony and no more and to the end His Majesties Subjects may be fully satisfied no Embezelment Razure or Defacements of the said Acts or any of them shall for the future be Committed in the said Office it is Enacted and Ordained by the Authority aforesaid that the Secretary of this Island or his lawful Deputy that shall Act in his Room or Stead shall give in Bond with good and sufficient Security to Our Soveraign Lord the King His Heirs and Successors in the Penalty of Four Thousand Pounds in the following Condition THE Condition of this Obligation is such that if the above bound A. B. shall and do well and faithfully Execute and Perform the Offices and places of Secretary and Clerk of the Enrolments for this His Majesties Island of Jamaica and also faithfully and truly keep and preserve in his said Office all and every the Acts of this Island made since the seventeenth Day of March in the Year of our Lord God One Thousand Six hundred and Eighty so that his Majesties Subjects may have recourse thereunto and do in all things else comply with the Duty of the said Offices according to the Trust reposed in him and according to the Laws of this Island in such Cases made and provided that then the above written Obligation to be void and of none Effect or else to remain in full force and vertue Provided always that neither the said Secretary nor his Deputy for the time being do or shall from and after the Twentieth Day of November next ensuing presume to Act or Officiate his said Office until he or they shall enter into the aforesaid Bond with the Condition before recited upon Penalty of Five Hundred Pounds for every time he or they shall so Officiate or Act in his said Office to be recovered in the Supream Court of Judicature in this Island by Bill Plaint or Information wherein no Essoin Protection Injunction Wager of Law or Non vult ulterius prosequi shall be admitted or allowed the one half to be to our Soveraign Lord the King His Heirs and Successors for and towards the Support of the Government of this His Majesties Island and the Contingent Charges thereof and the other half to the Informer or him that shall Sue for the same any Law Custom or Usage to the contrary in any wise notwithstanding Provided also and be it hereby Declared That if the Secretary or his Lawful Deputy for the time being in this Island shall enter into Bond as aforesaid which said Bond shall be lodged as is appointed in an Act entituled an Act for Regulating Fees That then it shall be accounted sufficient to discharge him or them from entring into any other Bond or Security required by the Acts of this Island any thing herein or in any other Act to the contrary notwithstanding An ACT For raising a Publick Impost WE His Majesties Most Dutiful and Loyal Subjects the Assembly of this His Majesties Island being duly sensible of His Majesties extraordinary Grace and Favour in restoring unto us our Ancient Form of making Laws and in the Great Assurance given us of His Princely resolution to apply not only the Revenue by us now intended to be raised but even all His Majesties Quitt Rents arising from Lands granted or to be granted within this Island to the Support of the Government of this His Majesties Island and the Contingent Charges thereof and to no other use whatsoever And we likewise taking into our serious consideration the great expence His Majesty hath and may be at in and about the Support of the Government of this His Island and the Contingent Charges thereof as also the Great Sums of Mony required for the Reparation of His Forts and Fortifications now much decayd and the apparent danger and inconveniency that may accrue by any longer neglect have Cheerfully and Unanimously given and granted and do hereby give and grant unto His Most Excellent Majesty his Heirs and Successors for and towards the Repairing and Building Forts and Fortifications and for the defraying of the many necessary and contingent Charges in and about the Support of the Government of this His Majesties Island a certain Impost on the several Liquors and Goods hereafter mentioned and Humbly Beseech His Majesty to accept the same and that it may be Enacted And be it Enacted by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same That from and after the first day of October in the Year of our Lord One Thousand Six Hundred Eighty and Two All the following Liquors and Goods hereafter specified that shall be Imported shall pay after the Rates hereafter mentioned That is to say all Spanish and Madera Wines the Sum of Four pounds Per Tun all Wines Imported of the Growth of the Western Islands or Mixture of the Madera Wines with those of the Western Islands the Sum of Ten Pounds Per Tun every Tun of French or Rhenish Wines Three pounds Every Gallon of Brandy one Shilling every Gallon of English Spirits Three Pence every Tun of Beer or Syder Eight Shillings every Tun of Mum or Metheglin Forty Shillings for every Hundred Pounds of White Sugar Ten Shillings for every Hundred Pounds of Muscovado or Pameel Sugar Six shillings for every Pound of Indigo Six pence for every Pound of Tobacco two Pence for every Hundred Pounds of Ginger Ten shillings for every Gallon of Rum One Shilling and Six Pence for every Hundred Pounds of Cocoa Ten Shillings and so proportionably for a greater of lesser quantity of
Most Excellent MAJESTY Lord Keeper Lord President Lord Privy Seal Duke of Ormond Duke of Beaufort Earl of Oxford Earl of Chesterfield Earl of Sunderland Earl of Clarendon Earl of Bath Earl of Craven Earl of Ailesbury Earl of Conway Earl of Nottingham Earl of Rochester Lord Bishop of London Mr. Secretary Jenkins Mr. Chancellor of the Exchequer Lord Chief Justice Pemberton Mr. Godolphin WHereas by the Powers given unto Charles Earl of Carlile late Governour in Chief of the Island of Jamaica and in his Absence to the Commander in Chief thereof for the time then being Dated the Third day of November in the 32 d Year of His Majesties Reign as also by a Commission unto Sir Thomas Lynch Knight now Governour in Chief of the said Island bearing Date the Sixth Day of August 1681. His Majesty has been Graciously Pleased to Authorize and Impower the Governour Council and Assembly of the said Island to Constitute and Ordain Laws which are to continue and be in force untill His Majesties Pleasure be signified to the contrary And forasmuch as certain Laws have in pursuance of the said Powers and Commissions been transmitted unto His Majesty with the Humble Desire of the said Council and Assembly that His Majesty would be Pleased to pass the same in the Words following An ACT Appointing the Number of the Assembly BE it Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same that in every Assembly hereafter to be called by His Majesties Writs and held within this Island there be Chosen Three Representatives for the Parish of St. Catharines the like number for the Parish of Port Royal and Two for each other of the respective Parishes that now are or hereafter shall be in this Island and that the Provost Marshal or his Lawful Deputy give to every Person Elected within ten Days after his Election notice that he is so Elected Provided always that every Person Elected shall be a Free-holder in this Island and that none have Right to Vote in any Election but those that are Free-holders in the same Parish Where the Election is to be made An ACT For Regulating Servants BE it Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same That all and every Master or Masters of Slaves for the first five Working Slaves shall be Obliged to keep one White Man Servant Over-seer or Hired Man for Three Months at least and if the Number increase to Ten Two and for every Ten after the first One to be Resident in the Plantation where the Negroes are employed and if any shall be wanting for the space of six Months of the proportion aforesaid he she or they for every Servant so wanting shall forfeit five pounds to the Use of the Parish where such Default shall be made to be Recovered by the Church-Wardens by Action of Debt in any Court of Record in this Island And it is further Enacted and Ordained by the Authority aforesaid That all Masters Mistresses or Over-seers of Slaves who shall not truly inform the Constable or Constables within their several Precincts when thereunto required of all such Hired Men or Servants and Working Slaves as shall justly and truly belong unto them or under their Care shall forfeit the Sum of Twenty pounds to be Recovered by Bill Plaint or Information in any Court of Record within this Island where no Essoign Protection or Wager of Law shall be allowed one Third of which Penalty shall be to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges thereof one Third to the Church-Wardens of the Parish where the Offence shall be Committed for the Use of the said Parish and the other Third to the Informer or he that shall sue for the same And whatever Constable or Constables shall neglect his or their Duty herein by not demanding an Account every Six Months and returning the same unto the Justices sitting at the next Quarter-Sessions of that Precinct which they are hereby required to do shall for every such Default forfeit the like Sum of Twenty pounds to be Recovered and applyed in manner and form aforesaid That all Servants shall have according to their Contract and Indenture and where there is no Contract or Indenture Servants under Eighteen Years of Age at their Arrival in this Island shall serve Seven Years and above Eighteen Years of Age shall Serve Four Years and all Convicted Felons for the time of their Banishment and at the expiration of the Times aforesaid shall receive from their last Master Mistress or Employer Forty shillings and a Certificate of their Freedom upon Demand and whosoever shall refuse without just Cause to give such Certificate to Servant Artificer or Labourer whose Time is expired or Contract performed shall forfeit forty shillings for every such Refusal And whosoever shall Employ any Free Person without a Certificate from the the last Employer of the Performance of his or their last Bargain or Contract shall forfeit Ten pounds That no Person or Persons presume to Trade with any Servant or Slave without the Master or Mistresses Consent on Penalty of forfeiting to the Master or Mistress of such Servant or Slave treble the value of the things Traded for bought or Sold and also Ten pounds Currant Money of this Island to be recovered by such Master or Mistress by Action of Debt in any Court of Record And all Contracts made with Servants or Slaves to be utterly void That if any Servant or Hired Labourer shall lay violent Hands upon his or her Employer Over-seer or other Person put in Authority over him or her such Servant or Labourer shall for such Offence Serve his or her Employer without any Wages twelve Months by Order of any Justice of the Peace on Conviction That by the like Order and Conviction any Over-seer or Artificer Hired Labourer or Servant that shall embezle purloin make away or waste any of his or her Employers Money Goods or Chattels not exceeding the value of forty shillings shall serve or make Satisfaction according to the Discretion of any one of His Majesties Justices of the Peace and if above the value of forty shillings to serve two Years by the like Order without any Wages and be further liable in case that Time will not satisfie and if any such Person as aforesaid shall embezle purloin or make away any Money Goods or Chattels of any others than their Masters Mistresses or Employers they shall incur the same Penalty and Serve the Party injured as aforesaid after their Time expired with their Masters or Mistresses And be it further Enacted by Authority aforesaid That if any Freeman of this Island shall at any time hereafter beget a Woman-Servant with Child he shall upon due Proof thereof made which Proof shall be by the Oath of the
Quarter-Sessions of the Parish where the same Way is as well under his own as the Hand of the Jurors by whose Oath the same as laid out to the end the same may be there Filed or Recorded and after known for a Publick High-way And if the said Surveyor shall neglect his Duty therein he shall forfeit Twenty pounds And be it further Enacted That every Vestry with consent of the Justices may agree for two Years with particular Persons for their Parts and Proportion of the Ways by them to be cleared as also with the Surveyors what part of the Parish they shall look after and such Agreements shall discharge the Parties from other Duties than what is agreed for as also the Surveyor from looking after any other part than what is allotted him and such Justices and Vestry-Men are to Record all their doings touching the Ways in the Vestry-Book which Record in all places shall be deemed good Evidence And the said Surveyors may respectively issue their Warrants to the Constable or Tything-men to warn in Workers or to levy Money according to the Tax or Rate made as aforesaid and whosoever shall fail to send in his proportion of Workers with such Tools as shall be convenient shall for every Head pay three shillings per day upon Conviction to be Recovered before any Justice of the Peace by the Surveyor And if any Justice neglect his Duty touching the Premisses or any part thereof he shall forfeit Ten pounds and every Vestry-man Surveyor Constable Tything-man Juror or Clerk of the Vestry who shall neglect his or their Duty where no Penalty is before set shall respectively forfeit Five pounds for each Offence All which said Forfeitures shall be to the Use of the High-ways and if not exceeding Forty shillings to be Recovered by Action of Debt before any Justice of the Peace if above Forty shillings in any Court of Record where no Essoign Protection or Wager of Law shall be allowed An ACT Appointing the Prices of Meat BE it Enacted and Ordained by Governour Council and Assembly and it is hereby Enacted by the Authority of the same that no Person or Persons upon any pretence whatsoever shall presume to ask demand and receive for fresh Beef Mutton or Goat any more greater or higher rate or price than hereafter is mentioned viz. For fresh Beef or Goat four pence per pound and Mutton six pence to be weighed without the Heads Entrails or Feet and that the Sewet be Sold at no higher Rates than the Meats aforesaid under Penalty of forfeiting Twenty pounds currant Money of this Island for every time they shall take ask or receive any higher price and if any Person or Persons shall refuse to sell any Beef Mutton or Goat by weight he or they for every such Offence shall forfeit Twenty pounds currant Money of this Island And be it further Enacted by the Authority aforesaid that any Person whatsoever that shall destroy any Turtle Nests or take away any of the Eggs thereof upon any Bay or place within this Island where the Turtle shall lay shall forfeit forty shillings currant Money of this Island or receive so many Lashes on the bare Back as any Justice shall Order not exceeding Nine and Thirty for every such Offence The one third part of all the aforesaid Penal Sums of Money shall be to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges thereof one Third to the Church-wardens for the Use of the Parish the other Third to the Informer to be Recovered in any Court of Record within this Island by Bill Plaint or Information in which no Essoign Wager of Law or Protection shall be allowed An ACT Angainst Blasphemy and for preventing Disorders in Ale-Houses Taverns and Victualling-Houses BE it Enacted and Ordained by the Governour Council and Assembly and it is Enacted and Ordained by the Authority of the same That no Person or Persons whatsoever in this Island be enabled to have and receive any License or Licenses from the Governour for the time being to Retail any strong Liquors unless they bring Yearly Certificates under the Hands of two of the Justices of the Peace living in the same Precincts where the said Person keeps or intends to set up his House of Entertainment and have also given good Security in the Secretaries Office of One Hundred Pounds that he shall suffer no Disorders to be committed in his said House or any thing there done contrary to the Laws of England or of this Island and that no Persons whatsoever presume to sell Rum or Rum-punch or any other Mixture of Rum without License first obtained from the Justices in Sessions and Security given to the Clerk of the Peace of the said Precincts under the Penalty of Forty shillings for every such Offence Provided always and it is hereby further Enacted and Ordained That whatsoever Person so Licensed as aforesaid shall Entertain or Receive any one in their Houses to Tipple or Drink in the time of Divine Worship or Service shall forfeit Twenty shillings for every such Offence and the Person or Persons there so found shall pay each of them five shillings both which Forfeitures shall be levyed by Distress by Warrant from any Justice of the Peace within this Island and whosoever shall by Publick and open Profaness or Blasphemy Dishonour Almighty God and be thereof duly Convicted in the Supream Court of Judicature shall be Fined Twenty pounds Currant Money of this Island or more at the Discretion of the Court for every such Offence and that such as are either Servants or not worth so much shall be lyable to such Corporeal Punishment as the Judges shall think meet loss of Life and Limb only excepted And it is further Enacted That if any of the said Persons so having received Licenses as aforesaid shall keep or suffer any Common Gaming in their Houses they shall forfeit Ten pounds Currant Money of this Island and whosoever shall by false Dice or other Fraud or Deceit win any Money or other things shall forfeit treble the value thereof being Convicted by Verdict Confession or otherwise and that no Sum exceeding forty shillings won at any Game or betting on the side of any shall be recoverable and all Bonds Contracts and Securities whatsoever for above the Sum aforesaid won as aforesaid shall be void Provided nevertheless that nothing herein contained shall be deemed or construed to hinder or abridge any Maker of Rum but that by himself Servants or others he may vend and sell the same pure and unmixt any thing in this Act to the contrary in any wise notwithstanding Provided also That the aforesaid Penalties mentioned in this Act and not declared where they shall be Recovered or how Disposed of be one half to Our Soveraign Lord the King for and towards the Support of the Government of this Island and the Contingent Charges thereof the
other to the Informer who shall sue for the same in any Court of Record within this Island wherein no Essoign Protection Injunction or Wager of Law shall be allowed An ACT Impowering Justices of the Peace to decide Differences not exceeding Forty shillings WHereas many inconveniencies may arise unto the Inhabitants of this Island by being vexed and troubled with Suits at Law for small and trivial Injuries Debts and Trespasses wherein the accustomary Fees and Charges usually exceed the Original Debt and Damages for prevention whereof Be it Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same That all manner of Debts Trespasses and other Matters not exceeding the value of forty shillings wherein the Tithes of Lands are not concerned shall and may be heard adjudged and determined by any of His Majesties Justices of the Peace of this Island within their respective Precincts without Appeal which said Justices are hereby required upon Complaint made to grant a Warrant or Summons against the Person complained of thereby requiring him to appear and Answer the said Complaint and in case of Non-appearance to issue out a Warrant of Contempt directed to the Constable to bring the Contemner before him as well to Answer the said Contempt as the Plaintiffs Action and may if he see Cause fine the Contemner provided the said fine exceed not Ten shillings to be for the Use of the Parish where such Offence shall be committed and after Judgment given in either Case may grant a Warrant of Distress directed to the Constable to levy the said Fine Debt Damages and Charges upon the Defendants Goods and Chattels who by virtue thereof shall expose the same to Sale returning the Overplus if any be to the Defendant and for want of such Distress to take the Defendants Body into Custody and him carry and convey to the Common Gaol of the Precincts there to remain till he shall have satisfied the said Debt and Charges and it shall be Lawful for the Justice of Peace to receive for each Warrant One shilling and Three pence and no more and for the Constable for serving of each Warrant the like Sum together with six pence for each Mile he shall be compelled to Travel in Execution of the Premisses provided the whole exceed not five shillings and the Justice is hereby required to keep a Record of all such Proceedings under the Penalty of Ten shillings the one half to be for the Poor of the Parish and the other half to the Informer to be Recovered as aforesaid And whereas the Uncertainty of the Expiration of Laws heretofore made for the better Government of this His Majesties Island may hereafter create some Doubts and Disputes concerning the Validity of the several Judgments made and given by the several Judges and Justices of the Peace within this Island as also all the Proceedings of the Military Officers upon the same for prevention whereof Be if further Enacted and Ordained by the Authority aforesaid that all and every Judgment and Judgments made or given by any of the Judges or Justices of the Peace within this His Majesties Island upon or by vertue of any of the aforesaid Laws and all other Proceedings whatsoever and all and every Act or Acts thing or things done or acted thereupon are hereby Ratified Confirmed and Adjudged Valid and Lawful to all intents and purposes whatsoever and all and every Judge and Judges of the several Courts the several Justices of the Peace the Military Officers and all other Persons whatsoever within this His Majesties Island that have any ways Acted by or under the Authority of the aforesaid Laws or any of them are hereby for ever saved and kept harmless and indempnified against all manner of Persons whatsoever and if any Person shall be sued or any ways molested by reason thereof it shall be Lawful for him or them so sued or molested to plead the general Issue and give this Act in Evidence any Law Custom or Usage to the contrary in any wise notwithstanding An ACT Rating Liquors Sold by Retail BE it Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same that from and after Publication hereof all Vintners and Tavern-keepers or any other Person or Persons who do or shall Utter or Sell by way of Retail Madera Wines or Brandy and shall presume by any means directly or indirectly to take or receive above the Rates hereafter mentioned for the aforesaid Liquors viz. For Madera Wine sifteen pence the Quart and Brandy two shillings and six pence the Quart and so proportionably for a greater or lesser Quantity shall forfeit the Sum of forty shillings for every such Offence to be levyed by Warrant from any of His Majesties Justices of the Peace of the Precincts where the Fault is committed on the Goods and Chattels of any Person or Persons so Offending the one half of which Forfeiture shall be to the Church-Wardens for the Use of the Parish the other to the Informer any Law Custom or Usage to the contrary notwithstanding An ACT For Compensation of Mr. Nicholas Scarlet WHereas Nicholas Scarlet Gent. hath a long time lain under divers great and dangerous Wounds received in the Publick Service of this Island in pursuit of several Rebellious Negroes by reason of a Command from his Superiour Officers whereby he hath been a long time hindred from all manner of Employment to his great Suffering Damage and Charge as also to the loss of the Use of one of his Limbs as hath sufficiently been made appear to Us to the end therefore that all Persons of the like Quality and forwardness to serve the Countrey may for the future receive due Encouragement Be it therefore Enacted by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same that the said Nicholas Scarlet shall in Compensation of the said Loss and Damage have and receive out of His Majesties Publick Revenue a Yearly Salary of Ten pounds during his Residence in this Island which said Sum of Money is hereby appointed to be paid by the Receiver for the time being out of the Treasury when demanded upon Penalty of Twenty pounds the one half to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges thereof and the other half to the Party aggrieved to be Recovered in any Court of Record within this Island by Bill Plaint or Information where no Essoign Protection or Wager of Law shall be allowed An ACT For the Restraining and Punishing Privateers and Pirates WHereas nothing can more contribute to his Sacred Majesties Honour than that such Articles as are Concluded and Agreed on in all Treaties of Peace should by all His Majesties Subjects according to their Duty be most inviolably preserved and kept in and over all
Fine or Corporeal Punishment as by a Regimental Court Marshal shall be thought fit Provided further that the Governours Assent to the passing of this or any other Act shall not extend or be Construed to extend to the determining of this present Sessions of the Assembly An ACT Ascertaining the Quit-Rents and manner of Receipt thereof BE it Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same That a Patent Sealed under the Great Seal of this Island and Recorded in the Office of Inrolments Established in this Island shall Evidence the Patentee or Patentees just Right and Title to all and every parcel of Lands House or Houses Tenements or other things in the said Patent granted and be a good Bar to the Right and Title of His Majesty his Heirs and Successors And to the End His Majesties Grants may not be hindred delayed or obstructed the Keeper of the Seal or Chancellor for the time being shall and is hereby obliged the next Tuesday before each Grand Court to cause all such Grants and Patents as are in the Office to be Sealed at St. Jago de la Vega and all Inferiour Officers who are concerned in drawing and passing the same are then and there likewise to be ready to do their Duty And forasmuch as all Titles of Land are derived from His Majesty and the Land hath been laid out and Patents made by His Majesties Officers in which many Errors or Mistakes may have happened which according to the strict Rules of Law might make many Grants void in all or in part Be it therefore Enacted by the Authority aforesaid That all Lands granted or hereafter to be granted by His Majesty his Heirs or Successors upon Surveys made or to be made be for ever good to the Patentee and to those to whom the Right of the Patentee shall come for all Lands comprized within the Survey or Bounds any Misnomer Misbounding or Mistaking of Quantity or other Error notwithstanding against His Majesty his Heirs and Successors or any other Person or Persons claiming under him or them for ever and that all such Grants shall be taken as strongly against His Majesty his Heirs and Successors as the Grants of any other Person or Persons should or ought to be taken against him or them or his or their Heirs or Assigns Provided nevertheless and be it further Enacted by the Authority aforesaid That where either His Majesty or the Patentee are aggrieved by Mistake in Quantity a re-survey shall be made by one Surveyor indifferently Sworn between the King and Patentee or who claimeth in his Right before any of His Majesties Justices of the Peace upon which re-survey a Confirmation of the former Grant shall issue under the Seal of this Island reciting the Error and reserving for the future the same Rent mentioned in the said Grant according to the just Quantity found by such re-survey for which Confirmation the Chancellor shall receive Ten shillings and the Clerk of the Patents Eight shillings and no more to be paid as all other Charges of the said re-survey by the Party requiring the same but no Retrospect shall be had to what Rent ought to have been paid be the Quantity more or less any thing in this Act contained to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That if any Dispute shall ever arise upon any Survey wherein the Survey or Plot given into the Patent-Office shall vary from the real Run and marked Lines in all such Disputes the Judges before whom the same shall happen shall adjudge the real Run and marked Lines which are proved before them to be Run and Marked to be the bounds of the Lands granted any Law Custom or Usage to the contrary notwithstanding And Whereas there have been uncertainties and Disputes in the payment of His Majesties Quit-Rents reserved in the Patents formerly granted by reason of the words Manured and Planted and whereas his said Majesty hath been and now is Graciously pleased that whatsoever shall arise from the Quit-Rents shall be applyed towards the Support of the Government and defraying the Contingent Charges of this Island in Consideration whereof and to ascertain the same Be it Enacted and Ordained by the Authority aforesaid That every Parcel or Parcels of Land of what Nature and Quality soever granted and Patented before the Twenty fifth Day of June One Thousand Six Hundred Seventy and One shall for Arrears and growing Rents pay for every Thirty Acres Annually the Sum of one shilling and so proportionably for every Parcel under one hundred Acres and for every hundred Acres two shillings six pence and proportionably for a greater Quantity and for all Lands of what Quality soever from the aforesaid time to the Twelfth Day of March One Thousand Six Hundred Seventy and Four shall pay one half peny per Acre and so proportionably for a greater quantity and for Foot-Land one half peny per Foot for two sides of the Square added together and so proportionably for a greater or lesser quantity as a certain established Quit-Rent and Acknowledgment to His Majesty his Heirs and Successors for ever any Law Custom or Usage or any thing contained in the said Patents to the contrary notwithstanding And for the more speedy and easie Collecting of the said Quit-Rents Be it further Enacted by the Authority aforesaid That the Receiver of the Quit-Rents or his Lawful Deputy shall twice every Year to say after each Feast of St. Michael the Arch-Angel and of the Annunciation of the Blessed Virgin Mary keep an Office in the Town of St. Jago de la Vega in the Parish of St. Catharines and in the Town of Port Royal during the space of one Month at each place and then and there to Receive the Quit-Rents from the Persons concerned which said Office he shall attend from the Hours of Eight to Eleven before Noon and from the Hours of Two to Five in the Afternoon and upon Receipt of His Majesties Quit-Rents thereof to Acquit and Discharge all Persons on the Penalty of Five pounds Sterling which said Penalty shall be the one half to His Majesty his Heirs and Successors for and towards the Support of the Government of this Island and Contingent Charges thereof and the other half to the Informer to be Recovered in any Court of Record within this Island wherein no Wager of Law Essoign Protection or Injunction shall be allowed An ACT For preventing Damages in Plantations Preserving of Cattle and Regulating Hunting BE it Enacted by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same That all Plantations bounding in Savanna's High-ways Watering-places and all Pastures made out of Wood-land shall make sufficient Fences which sufficient Fences shall be judged by Oath of Three Free-holders before any one of His Majesties Justices of the Peace which said Free-holders shall be Chosen one by the
and Articles the Commander in Chief with Advice of a General Council of War is to make and Establish and the Commanders of the several Regiments to give out Copies of the said Articles unto their respective Officers that the same may be publickly read once every Six Months unto the Souldiers whilst they are in Arms that all Persons may the better know and observe their Duties and if it shall happen that any of the Officers or Souldiers shall when they are out of Arms endeavour to take revenge by force for any thing his or their Superiour Officers Lawfully did in pursuance of his or their duty and this Act the said Officers and Souldiers shall be brought to a Court Marshal and there punished as if the offence had been done in time of Service or Exercise Provided that the said Punishment do not Extend to Life or Limb. And be it further Enacted by the Authority aforesaid That once every Year or oftener if thereunto commanded each particular Captain shall give to his Field Officer and the Field Officer to the Commander in Chief fair Written Rolls of their respective Companies and Regiments and if any Field Officer Captain or other Inferior Officer or Souldier shall neglect or contemn performing the Lawful Commands of their respective Superiour Officers he or they shall be punished by Fine Casheering or Punishment according to the Discretion of a Court Marshal which the Commander in Chief is to appoint and Establish and the Orders of the said Court Martial are hereby declared to be Binding in all Military Affairs And if any Person upon any Invasion or other Publique Military Service be Wounded or Disabled he shall be Cured and Maintained out of the Publique Revenue and if any Person whatsoever shall be Sued Molested or Impleaded for any thing Lawfully commanded in the Execution and Pursuance of this present Act he shall plead the General Issue and give this Act in Evidence and shall thereupon if found for him recover Costs of Suit and treble Damages And be it further Enacted by the Authority aforesaid That upon every Apprehension and appearance of any Publique danger or Invasion the Commander in Chief do forthwith call a Council of War and with their Advice and Consent cause and Command the Articles of War to be Proclaimed at Port-Royal and St. Jago de la Vega from which said Publication the Martial Law is to be in Force that then it shall and may be Lawful for the said Commander in Chief to Command the Persons of any of His Majesties Leige People as also their Negroes Horses and Cattle for all such Services as may be for the Publick Defence and to pull down Houses Cut down Timber command Ships and Boats and Generally to Act and do with all full Power and Authority all such things as he and the said Council of War shall think Necessary and Expedient for His Majesties Service and Defence of this Island Provided always and it is the true Intent and meaning of this Act that as soon as the Common Law revives and is in Force the said Negroes Servants Cattles Ships or Boats so Imployed as aforesaid be immediatly discharged and to the end it may be certainly known when the Martial Law ceaseth and the Common Law taketh place It is hereby declared that upon Lodging the Colours and discharging the Soldiers from their Arms the Martial Law ceaseth and the Common Law revives and taketh place Provided also that the Martial or his Deputy shall not presume to arrest any such Souldier within one Month after every such discharge nor in the time of his going or coming to or from the place of Exercise or Rendevous under the Penalty of Ten pounds and of being further lyable to an Action of false Imprisonment and in case of any such Arrest it shall be Lawful for the respective Captain or other Commission Officer to release any of his or their Souldiers so Arrested And it is hereby further Enacted and Ordained by the Authority aforesaid That if upon any Alarm or Invasion any Person or Persons whatsoever shall suffer either by the Landing of an Enemy or drawing together His Majesties Forces of this Island all such Damage or Damages whether in Servants Negroes Horses Cattel or in the Labour of any of them or in the expence of Provision or by Fire or by any other Loss whatsoever that may Accrue by the means aforesaid that then upon due application and Proof thereof made unto the Governour and Council the said Damages shall be reasonably Valued and forthwith payd out of the Publick Revenue and that if there be no Mony there the Governour and commander in Chief do forthwith call an Assembly and recommend to them all Cases of the like Nature so that Mony may be Legally raised for the Publick Disbursements and every one receive just and equal satisfaction for their losses Provided always and it is hereby Enacted and declared by the Authority aforesaid That the several Fines and Forfeitures Mentioned in this Act and not Declared in what manner they shall be recovered and how disposed of that all such as do Relate to any Person under the degree of a Captain shall be to the respective Captains to Defray the Charge of their Companies or Troops and to be Levyed before the next Exercising day by distress and Sale of the Oftenders Goods by the Captains Warrant to the Serjeant or Corporal and if no Distress be found the Punishment to be by Ryding the Wooden Horse or being tyed Neck and Heels not exceeding an Hour at the discretion of their Officer but if the offender be a Servanâ— the Owners Goods shall be lyable to the Distresses and Sales as aforesaid so that Satisfaction may be made and for all other Penalties mentioned in this Act the same shall be levyed by Distress and Sale of the offenders Goods and Chattels by the Provost Marshal by Warrant from the Commander in Chief one half thereof shall be to Our Soveraign Lord the King His. Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges thereof and the other half to the Informer And be it further Enacted by the Authority aforesaid That it shall and may be Lawful for any Commission Officer belonging to the Regiment on Port-Royal under the degree of a Captain in the absence of the said Captain from of the Point to Grant Warrants of distress against any Persons whatsoever that shall Absent themselves from their Duty on the night Guards without sending a sufficient Person to serve and Watch in their Stead which said Warrants so Granted shall be as Effectual to all Intents and purposes whatsoever as if they or any of them had been granted by the Captains themselves And be it likewise Enacted by the Authority aforesaid That no Wherry Ships Boat or Canoa shall at any time pass the Fort at Port-Royal under the Penalty of Twenty Shillings to be recovered by Warrant from any
in the Vale and St. Johns Sue as formerly in the Supreme Court for any Sum whatsoever until they shall have Petty Courts Erected in their own Parishes any thing in this Act to the contrary notwithstanding And it is further Enacted by the Authority aforesaid That in all and every the Inferiour Courts within this Island upon Summons duly served and the Defendant not appearing Judgment shall go by default in the same manner and form as in the Supreme Court Provided always that it is the true Intent and meaning of this Act that as well in the Supreme Court as any other the Inferiour Courts within this Island the Provost Marshal or his Lawful Deputy shall appear in open Court and there depose upon Oath that the Party or Parties against whom Judgment shall go by default hath been legally Summoned Fourteen Days before the said Court any thing in this Act or any other to the contrary notwithstanding And it is likewise Enacted and Ordained by the Authority aforesaid that upon any Declaration exhibited in debt upon specialty or Bill under hand or in case of a book Debt upon a Concessit Solvere and disclosing the special matter to the Chief Judge of the Supream Court of Judicature that the said debtor against whom the Plaint is entred is either gone off this Island or that upon process already taken out against him a Non est Inventus hath been returned an Attachment shall then Issue thereby commanding the Provost Marshal or his lawful Deputy to attach such Monys Goods Chattels or Debts in the hands of the Possessors of the same be they Attorney Wife Servant or any other Person and also require them to appear at the next Court to shew Cause why the said Money Goods Chattels or Debts or so much thereof as will satisfie the said Debts then demanded should not be delivered to the Plaintiff at which Day if the said Possessor or Debtor be they Attorney Wife Servant or other Person as aforesaid be convicted by Confession Verdict or otherwise that the said Moneys Goods Chattels or Debts do properly belong to the person so gone off this Island or otherwise absented himself as aforesaid and if the Plaintiff before or after due proof made do solemnly swear in open Court that his Debt is true and that directly or indirectly no part or parcel of what he demanded is satisfied and also give in Security in double the Sum he demands to restore the same with treble Dammages or so much thereof as shall at any time afterwards be disproved that then and in all such Cases the Plaintiff shall have Judgment to recover the said Debt out of the said Money Goods Chattels or Debts so attached as aforesaid Provided always That if any will appear as Attorney to the said Debtor and put in Bail to answer the Action and pay the Condemnation that then and in all such Cases the Attachment on the said Money Goods Chattels or Debts shall be dissolved and Proceedings had according to the Custom of the Common Law but if the Possessor or Owner of such Money Goods Chattels or Debts be they Attorney Wife Servant or other person as aforesaid shall after Attachment so laid on them in the respective hands dispose of the said Money Goods Chattels or Debts towards the payment of any other Debts before the said Debt for which the Attachment was laid be satisfied or the said Attachment be dissolved that then and in all such Cases the said Party for such their Default shall be liable to make satisfaction to the Plaintiff out of their own proper Estates And be it further Enacted and Ordained by the Authority aforesaid That in all Debts not exceeding Forty Shillings upon Complaint made to any Justice of the Peace that the Debtor against whom he complaineth is gone off this Island or otherwise absented himself that then it shall and may be lawful for the said Justice of the Peace to issue out a Warrant of Attachment to be levied by the Constable in manner and form as is before prescribed to the Provost-Marshal for the Execution of the Writ and to be immediately determined by the said Justice any Clause in this Act or any other to the contrary notwithstanding And be it further Enacted and Ordained by the Authority aforesaid That all Summons and other Process hereafter mentioned shall be served and executed in manner and form as is herein directed and in no other manner or way whatsoever that is to say That all Summons as well from the Supreme Court as all other the Inferiour Courts within this Island Port-Royal only excepted shall be delivered to the Party or left at their respective Dwellings fourteen days before the several Courts by a sworn Marshal and that at Port-Royal all Summons shall be delivered ten days before the Courts otherwise it shall be deemed and taken as no Service and the Defendant not bound by it to appear and that all Replevins Foreign Attachments at the Supreme Court and Warrants of Arrest be served at any time as heretofore and that no Execution shall be taken out served or executed until Twenty Eight Days be fully expired after Judgment except at Port-Royal where Execution shall issue Ten Days after Judgment obtained and that no Negroes Horses or any manner of Utensils belonging to a Plantation Brick or Pot-work nor any other Negroes whatsoever from and after the making hereof shall be taken in Execution where the Party against whom the Execution is obtained shall offer Goods for satisfaction of the Debt and Costs of Suit And it is further Enacted That the said Defendant who hath his Goods taken upon Execution shall have free liberty to convey and carry off the Goods so taken at his own proper Costs and Charges to the next and most convenient place and Market for disposal of the said Goods and there shall have free power and liberty to make Contracts bargain for and sell the Goods so taken in Execution the Defendant first acquainting the Marshal who levied the Execution upon the Goods with such Bargain or Contract to the end the Marshal may deliver the same and receive the Produce thereof according to his Precept And it is further Enacted by the Authority aforesaid That if the Defendant after his Goods shall be so taken in Execution as aforesaid shall delay or neglect selling or disposing of the Goods until ten days before the next ensuing Court that then and in all such Cases it shall and may be lawful for the Marshal to take the said Goods and Chattels of the Defendant and the same to sell by publick Outcry And it is further Enacted by tho Authority aforesaid That where no such Goods as aforesaid shall be shewn and offered to the Provost-Marshal so that the Negroes Working-Cattel or necessary Utensils must be taken in Execution that then and in all such Cases the said Negroes Horses or Utensils shall not be removed but remain still in the Defendants possession and that