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
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
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
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
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
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
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
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
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
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
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