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 whole exceed not Forty shillings which said Gaoler is hereby impowered and commanded to receive such Run-away or Run-aways and to pay unto the bringer Eight pence per Mile as aforesaid for every such Run-away so brought to him on Penalty of Forty shillings and that it shall and may be Lawful for the Marshal to detain and keep in Custody the Bodies of all such Run-aways so brought unto him until the Master or Mistress of them or their Assigns shall pay unto him the full Sum of what he hath so paid for them with Two shillings six pence per pound for laying out the Money and so proportionably and also six pence for every Twenty four Hours the said Run-away hath been in his Custody and if the said Marshall shall suffer any Run-away so brought to him to escape before he be duly delivered to his Master or Mistress or his or her Assigns that then the said Marshal shall pay unto the Master or Mistress of the said Run-away so much as he shall be Condemned in by the Verdict of a Jury at Common Law also any one may take up any suspected Persons and carry him or her to any Justice to be Examined That the Captain or any other Commission-Officer shall at the Head of every their respective Company and Troop Publish or cause to be Published this present Act once every Twelve Months under the Penalty of Five pounds 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 Moyety to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and Contingent Charges thereof the other to the Informer to be Recovered by Action of Debt if not exceeding Forty shillings as all Penalties of Service before any Justice of the Peace and if above Forty shillings and not for Service in any Court of Record within this Island wherein no Essoign Protection or Wager of Law shall be allowed any Law Custom or Usage to the contrary in any wise notwithstanding And be it further provided That no Person or Persons shall be sued molested or troubled for any Fine or Forfeiture against this present Act unless the Party so Offending shall be sued or impleaded for the same within two Years at the most after the said Offence shall be committed An ACT For the High-Ways FOR the better amending and keeping clear the Common High-ways and known broad Paths within this Island leading to Church and Market and for laying out New High-ways and turning Old High-ways where it shall be needful 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 the Vestry of each Parish or the Major part of them shall on every third Monday in January before Noon at their Parish Church or other Convenient place choose four or more Freeholders each seized of at least Thirty Acres Free-hold in Right of himself or Wife to be Surveyors for the Year ensuing if the Vestry neglects each Person absent or negligent shall forfeit forty shillings and the Justices at their next Sessions being informed thereof shall appoint four or more such Surveyors as aforesaid every Person so Chosen or Appointed shall within Ten Days due Notice being given him by the Clerk of the Vestry procure himself to be Sworn before some Justice in the said Parish Diligently and Faithfully to perform the said Office for the Year ensuing and give a just Account to the Justices and Vestry if required of what he shall receive pay or do by virtue of his Office on Penalty of Ten pounds Sterling That the Surveyor being Sworn as aforesaid shall within sixteen Days after their having viewed and considered the High-ways and Bridges inform the Justices and Vestry of the Defects Wants and Alterations needful in the same to the end as they are hereby empowered the said Justices and Vestry may lay a Tax of such Money Labour or other things as to them shall seem convenient and necessary which if the Justices and Vestry shall not do before the last day of February in each Year then the said Surveyor shall make such Tax in Writing which being Confirmed by any two Justices in the said Parish shall stand good till some Complaint be made at the Quarter-Sessions in that Parish and the Justices then and there to confirm or alter the same without Appeal from thence That the High-ways be sixty foot wide in standing Wood forty foot where the Wood is onely on one side and twenty four foot in open Ground and that the Surveyors have Power to cut down dig up or remove as well all sorts of Trees Bushes Prickle Fences Rails Gates or Inclosures or other thing or things as may any ways straighten hurt hinder or incommode the High-ways as also to dig for Stone or Gravel Clay Marl Sand or Earth in any Land not Planted or Inclosed as Yard or Garden to a House or to Press any Cart Carriage Workman or other thing fit to be employed in the High-ways for such Reasonable satisfaction to the Parties concerned as such Surveyor can agree for and in case of Disagreement such as the next or any Justice in the Parish shall appoint Provided Nevertheless that where Gates are or shall be erected of at least Ten foot between Post and Post or the High-way streightned by Inclosure on both sides but the way so well kept by Causey-way or otherwise that two Carriages may meet and pass each other and the Ground as firm as is necessary then the said Surveyors shall forbear to pull down or remove such Gates or Fences any thing herein seeming to the contrary notwithstanding But if any Person shall again erect or cause any Nusance in the High-ways which was by the Surveyor removed for such Offence he or they shall forfeit five pounds And in Case where a New Path or Road is wanting or where Old Ways may with more Conveniency be turned or altered or where to some Plantation or Plantations no High-ways are yet laid out to lead them into the High Roads which go towards the Market or Church or to any convenient Harbour or Landing-place fitting for receiving a Shoar or Shipping off any Goods upon Notice thereof given to any Justice of the Peace he shall on request issue his Warrant to the next Constable in the said Parish to Summon a Jury to meet at some convenient place and Day therein to be mentioned to view and lay out or alter such Path or Roads which said Justice is hereby impowered to administer an Oath to the said Jury that according to the best of their Skills and Judgments and with most Conveniency to the Publick and least Prejudice or Damage to any particular Person they will lay out such Way which having done the Surveyor is to make Return thereof to the Justices at the next
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