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
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
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