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
60 is obliged in 6 weeks after arrival with intent to settle there to list himself in what Company of Foot or Troop of Horse he pleases but haing listed himself he is not to remove at his pleasure except he goes to dwell in some other part of the Country and then he must list himself in that Regiment where he goes to reside Of this Militia it being no otherwise the Governour is Captain General who is impower'd by his Commission to make under him Colonels Captains and all other Officers which Train and Discipline their respective Souldiers and take care that they keep good Arms well fixt and sufficient stores of Ammunition always by them that so they may be ready on any occasion The Town of Port Royal has in it one intire Regiment of this Militia consisting of 10 Companies one of which Companies mounts the Guard successively every night and keeps Watch in the several Forts in as good order as is used in any regular Garrison that is in pay For the tryal of Titles of Land decision of controversies and recovery of debts there are several Courts established the methods whereof will here follow written by an ingenious Gentleman who has been a long Practitioner in the Courts and Laws of that Country as well as in the Laws of England THE PREFACE HIS Majesty having been graciously pleased with the advice of the Lords of the Privy Council appointed a Committee for Trade and Plantations to give His Royal Assent to several Acts made by the Governour Council and Assembly of Jamaica it was thought fit to Publish the same as well for the benefit of its Inhabitants as all others His Majesties Subjects who may Trade or be any ways concern'd there but for prevention of Mistakes lest strangers to Jamaica might think these few Acts were all the Laws and Privileges of that Island which might lessen it in their esteem and discourage some from adventuring themselves or their fortunes thither I was desired by some Persons of Quality to give a more particular account thereof in observance of whose commands and respect I bear the place I promised my endeavours but must be very brief for that the Book is in the Press ready to come forth wherein I may be the more excusable since a Gentleman who has lived long in and very well knows that flourishing Country hath here already given so good a description of the Island which as he saith was taken from the Spaniards in the Year 1655 and I may add in the 7th year of his now Majesties Reign who when he came to exercise His Royal Authority was pleased to own what his Subjects had done which was the same as if he had Commissionated them and among other his glorious Titles descended to stile himself Lord of Jamaica by whose special grace and favour we have hitherto all the Laws and Priviledges of English Men exercised and continued amongst us there These Acts now Printed being only By-Laws for better Government of the Plantation which in some case requires different Regulations from the Kingdom of England as some Counties for Stanneries Fens c. do here and for raising such necessary customs as may defray the Publick charge of that Country for all Judges and Justices in Jamaica determine all Pleas there according to the Laws of England pursuant whereunto that Island hath been Govern'd except some little Variations for ease and benefit of a new settlement as our proceedings being all in English our pleading general Issues and giving special matters in evidence our suits being more concise and far less chargeable than in England the Practice of our Courts there much more plain and intelligible To begin with his Majesties Supream Court of Judicature so called which hath the same Jurisdiction with the Kings-Bench Common-Pleas and Exchequer at Westminster and is held 4 times in the year as the Terms in England viz. every last Tuesday in February May August and November which continue each time about a Week and therein are first determin'd all Pleas of the Crown then follow Common-Pleas c. The Judges of that Court being Commission'd by his Majesty or his Governours are always 5 or 7 whereof not less than 3 can try any cause and they consist of the most considerable Gentlemen of the Island both for Parts and Estates and usually the Chief Justice is one of the best Quality who hath practised and is well read in the Laws of England tho few of them are so learned as the Judges here yet they are Men of the greatest sense and reason whereon all Law is or should be grounded This Court is not Burthen'd with many Officers for one called the Clerk of the Grand Court is Prothonotary Custos brevium c. Nor do we trouble our selves with many sorts of Writs as Originals Capias Alias or Pluries very rarely or never arresting any Person of known residence only send him a Summons to appear next Court and that he may come provided a Copy of the Declaration is always left with the Summons which being served 8 days at least before the Court the Defendant is bound to appear plead joyn issue and come to Tryal the very next Court or Judgment will pass by default no Imparlance being allowed without special cause as on oath that he hath material Witnesses and hath endeavoured but cannot Subpoena them In Tryals we have not several Venire's nor a particular Jury for every cause unless in some special matter of great import but by a general Venire the Marshal prepares enough for four or five setts of Jurors not knowing what issues they are to Try which prevents packing or partial returns who are impannel'd in Court and put upon the Crown side or Common Pleas in such causes as the Judges extempore direct And the same Jury usually Tries Six or more at a time as the Court thinks their Memory may well bear for help whereof some of them take Notes also they are permitted to take with them the Record it self with all Papers or Deeds proved in Court most of our actions there being plain matters of Debt or Accompt and some few Ejectments Writs of Dower Partition c. The Jurors indorse their Verdict on each Record which is deliver'd in Court to the Clark who of course enters Judgment unless it be arrested which every one may move the last day of the Court but is rarely granted without very special cause presently made appear but if such motions are ever favoured it is in excessive damages on action of Slander or frivolous Trespasses which are usually discountenanced we are not intreagu'd with dilatory Writs of Inquiry but when any judgment is confess'd or passeth by nil dicit in case c. the next Jury happening to be trying issues in Court take the Record and Assess Damages presently And for ease of those who live by their labour to prevent unnecessary attendance and expences all Actions depending that Court or Term are called and
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
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
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