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
tryed alphabetically beginning with the Plaintiffs names so all parties witnesses c. may guess on what day such a letter may come on and accordingly give their attendance Fourteen days after the beginning of the Court Execution issues for which we have but one Writ comprehending both a Fieri fac and Capias ad sat viz. to levy the Debt and Costs of the Defendants Goods or if he have none then to take his body but because no general Imparlance is allowed before we in a Manner give one after Judgment For that no man may be ruined by hasty surprise and sale of his goods the same after seizure in Execution may be returned but must be left in the Defendants hands to dispose to most advantage if he end not with the Plaintiff so as to bring the money into next Court wherein if he fails then a Venditioni exponas issues to the Marshal to sell them or any other goods or take his body Before or after which the Defendant is at liberty to bring his Writ of Error returnable before the Governour and Council though it is very rarely practised such Writs meeting with very little encouragement in just Debts His Majesty hath also constituted in this Island a Court of Chancery wherein the Governour himself always sits as Chancellour assisted by several discreet Gentlemen of eminency as Masters where Causes are speedily determined without those delays and expences used in England There are also in every Parish or County monthly Courts erected for tryal of all Actions under Twenty pounds or ad infinitum with a Justicies out of Chancery which the Governour cautiously grants on special occasions Of Judgments in these Courts Writs of Error lie retornable at the supream Court but rarely brought for reason aforesaid Then every Justice of Peace besides the authority of a Justice in England hath power of holding a Court of Conscience for all matters not exceeding Fourty shillings value The Quarter Sessions are also held in each Parish or County after the manner of England and there is a Court of Admiralty at the Town of Port Royal for tryal of Piracy and deciding other Maritime affairs from whence we have the liberty of appealing to the Governour there or to his Majesty in Council here for redress The Governour also hath power as Ordinary of the Diocess for probate of Wills granting Administrations and determining all controversies concerning the same But Ecclesiastical or Spiritual Courts are not yet known in this Island Nor are Purchasers here incumbred with bad Titles for that Register so much wished for in England is here established where all Conveyances being acknowledged are to be enroll'd within three months if the Cognisors inhabit there But if any persons Feme Coverts or others residing in England and interested in any Lands or Plantations there shall desire to dispose of the same here they must seal and deliver their deeds before two or more credible Persons going for Jamaica who attesting the same before a Judge there the same may be enrolled in Six months and shall be as valid in Law as if done by Fine Recovery or otherwise In which case I should advise the Purchaser to take by way of Lease and Release and to have two parts at least of each with Covenants for further assurance c. that if one part happen to miscarry he may require another yet so as always to keep one here lest any breach of Covenants should happen And since this publick Register or Office of Enrolments is found of such general use that no Purchaser or Lender of money can be deceived in his Title it may not be unseasonable for advancement of our Plantation Trade and consequently enriching our native Country of England the great Receptacle of all our wealth to encourage monied men who expose it here at 4 and 5. per cent yet cannot get satisfactory security to adventure some of it for Jamaica where they may have unquestionable security by men of visible estates or good Mortgages for neither Persons nor Estates can be there incumbred but they must be discover'd either by the aforesaid Register or report of their Neighbours who generally more intimately know and better observe each others Affairs than they can in England Nor was it ever known that any Mortgage hath been defeated or Title proved defective where compared and agreeing with the Register so that any Persons having monies here to put out may remit the same to Jamaica by Bills of of Exchange at 20 per cent or in Commodities by advice of Merchants here at 40 or 50 per cent or more advance and lend the same at 10 per cent running only in Commodities the risque of the Sea which also is so inconsiderable that it may be ensured for about 2 per cent But when they recal their moneys they may expect 15 or 20 per cent loss on their returns though sometimes they gain also back which loss when it happens may be attributed to the difference of our Coyns here and there Jamaica money being about â…• more in value there than it will yield in England And such Adventurers have this further encouragement that all real Securities there are meliorated being certainly emprovable the longer they continue planted whereas lands here usually decrease in value It might also turn to much greater advantage then the best way of employing money in England To purchase Plantations there many good penniworths frequently offering as may be found by inquiry here of such as have estates there though usually those that have least do most undervalue the place For if Jamaica lie under any ill character she owes it to some few Prodigals who having Riotously consumed that little they carried thither and being through ignorance or laziness incapable of any imploy come home and rail against the Country to justifie their unprofitable voyage and return There is also another imputation on Jamaica viz. the difficulty of getting due returns and recovery of just Debts To the first it hath usually more noise than substance for many men of declining fortunes to deceive their Creditors or otherwise boast of great concerns there and disappointments by their Factors and Agents c when really they have little or nothing in the Island for if they had the Law is open and much more cheap and expeditious remedies to be used there than in England though indeed as to the second some have herein met with obstructions partly occasioned by a former Law indulging all new Comers for 5 years against prosecutions for forreign Debts But that being now thought a disparagement to so populous and opulent a Colony was dislik't by the Lords Committees and is not confirmed Other inconveniencies some have met with for want of due information how to draw their proofs an procurations I would not encourage any litigious suits but for instruction of honest Creditors against able Debtors I should prescribe this method that all Letters of Attorny be Attested by Persons going
Justice of the Peace without giving Notice to the Captain of the said Fort or whosoever shall Command in Chief therein in his Absence which said Notice shall be sufficient Leave to pass the said Fort without any further Charge or trouble whatsoever unless the said Captain or other his Subordinate Officer have reasonable cause to Suspect the Person so desiring leave to have some evil design in going off with or carrying off any Persons contrary to Law in which Case it shall and may be Lawful for the said Captain or his aforesaid Officer to hinder their departure out of the Harbour until the said Captain or Officer be satisfied of the Lawfulness of their occasion any Act Custom or Usage to the contrary notwithstanding Be it also further Enacted by the Authority aforesaid That no Person whatsoever presume to Fire any small Arms after eight of the Clock at Night unless in case of an Alarm Insurrection or other lawful occasion and in either of the said Cases Four Muskets or small Arms distinctly Fired shall be taken for an Alarm from Quarter to Quarter and every Person that shall be duly convicted before a Regimental Court Martial of neglecting his Duty in taking and giving forward any Alarm by Firing Four Muskets or small Arms as aforesaid or shall be Guilty of Firing any small Arms after Eight of the Clock at Night unless as aforesaid shall be Fined or otherwise punished at the discretion of a Court Martial not extending to Life or Limb. And whosoever shall be found to be a Transgressor herein by the next Commission Officer under Penalty of Five Pounds be caused to be Apprehended and sent under a Guard to the next Marshal who is hereby obliged under Penalty of Twenty Pounds to receive and secure the said Offender until he shall be Tryed or Discharged by a Court Marshal as aforesaid And for the better Prevention of False Alarms That no Captain Master or Commander of any Ship or Vessel Riding at Anchor in the Harbour of Port-Royal or any other Bay or Harbour or any other Person Fire any Gun after Sun set under Penalty of Forty Shillings for every Gun so Fired to be Levyed by Warrant from the Chief Officer not under the Degree of a Captain who is hereby Impowered to Administer an Oath and give Judgment thereupon by Distress or Sale of the offenders Goods and for want of Distress the said Chief Officer is hereby Impowered to Commit such Offender to Goal there to remain until payment of the same and that in Case the said Chief Officer shall not perform his Duty therein he shall forfeit Ten Pounds to be levyed by Warrant from the Governour or Commander in Chief for the time being Provided always that this Clause shall in no ways concern or extend to any Captain or Officer of any of His Majesties Ships of War for their Firing of one Gun for the setting of the Watch. Provided always and it is hereby further Enacted and declared by the Authority aforesaid That nothing in this Act contained be expounded construed or understood to diminish alter or abridge the power of the Governour or Commander in Chief for the time being but that in all things and upon all occasions he may act as fully and freely as Captain General and Chief Governour to all Intents and purposes as if this Act had never been made any thing in this Act to the contrary notwithstanding Provided also And it is hereby Enacted and Declared by the Authority aforesaid That nothing within this Act or any clause therein contained shall be deemed construed or understood to give any Captain General or Commander in Chief any Power or Authority for the sending any Person or Persons of this Island against their will or to do any other act or thing contrary or repugnant unto the known Laws of England or this Island An ACT For prevention of Law Suits BE it Enacted and Ordained by the Governour Council and Assembly And it is hereby Enacted and Ordained by the Authority of the same That all Possessions of or Titles to any Lands or Houses whatsoever derived by or from any Sales for Valuable considerations made either by the Brovost Marshals Creditors or by the Executors or Administrators of any Persons Deceased or by the Husbands in Right of their Wives or by the Endorsments or Delivery up of Patents or by any Decrees in Chancery or by any Last Wills and Testaments or by any Patent Granted upon Judgment given in Writs of Escheat or Cessavit and the said Person or any claiming under them now being in Possession of the same be by this present Act Ratified Confirmed and Declared good and Legal to all Intents and Purposes whatsoever Provided always that such Possessors or Purchasors their Heirs or Assigns have or shall continue in quiet or peaceable Possession of the same for the space of Seven Years without any Claim or Interruption and the said Sales Patents Decrees and Possessions as aforesaid to be a perpetual Bar against all manner of Persons Claiming or to Claim any Right or Title by Descent Purchase Marriage or Limitation for or by reason of any former Grant Gift Patent or Conveyance any Law Custom or Usage in any wise to the contrary notwithstanding And it is hereby Enacted and Declared by the Authority aforesaid That in all Writs of Escheat hereafter to be Granted the Provost Marshal be commanded to Inquire by a Jury of Twelve Free and Lawful Men upon their Oaths they then being upon the Premises the true Value of all and singular the Real Estate which any Person so Dying without Heirs was at the time of his Death Sei zed of and that after Office found and returned into the Supreme Court and Judgment hereupon given and Recorded It be Lawful for the Governour for the time being or in his absence the Commander in Chief to pass any Grant of the said Escheated Estate under the Broad Seal of this Island Provided that a Clause be therein Inserted that the said Grant shall determine and be Voyd in case any Right Heir appears and Claims the same and Legally approves himself to be Heir within Three Years after the Date of the said Patent and that the Value of the said Escheated Estate as it was Apprised at shall be secured to be paid unto the Treasury of this Island after the Expiration of Three Years from the Date of the Patent If no Heir in the mean time shall Obtain the same by such Person or Persons to whom the Governour or Commander in Chief as aforesaid shall by Patent under the Broad Seal of this Island grant the same and that the Treasurer or Receiver be hereby required to pay or cause to be paid the Sum or Sums of Mony the said Escheated Estate was Valued at out of the Treasury unto or for the Use of such Heir who shall Claim the same and Approve Himself to be Heir before any other Payment whatsoever which Proof of the Heirs