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
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
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
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
said Woman as in other Cases of Bastardy give good Security to save the Parish harmless and as a further Punishment for his Offence and for and towards Satisfaction of the Master or Mistress of such Servant shall forfeit and pay unto the said Master and Mistress the full Sum of Twenty pounds currant Money of this Island and shall likewise provide for the Maintenance of the said Servant and Child and in case of failure herein shall serve the Master or Mistress of such Servant double the time that she had to serve at the time of the Offence committed or shall procure one in his or their stead that shall be obliged so to do And in case one Servant shall beget another with Child then the Man-Servant shall after the Expiration of his Term serve the Master or Mistress of the Woman-Servant double the time she had to serve at the time of the Offence committed That any Man-Servant Marrying without the Masters or Mistresses Consent shall serve two Years for such Offence but if any Free-man shall Marry a Servant he shall be liable to pay the Master or Mistress Twenty pounds and she shall be free That all Suits between Servants and their Masters or Mistresses relating to their Freedom shall be heard and determined by any two Justices of the Peace without any Appeal and if any Servants absent themselves from their Masters or Mistresses Service without Leave or a Ticket from their Master Mistress or Over-seer shall for every such Days Absence serve one Week and so in proportion for a'longer or shorter time the whole Punishment not to exceed Three Years That if any Person shall turn away any Sick or Infirm Servant under pretence of Freedom or otherwise and such Servant shall die for want of Relief or become Chargeable to any Parish the Offender shall forfeit Twenty pounds of Currant Moneys of this Island to the Use of the Parish where such Death or Charge shall happen to be Recovered by the Church-Wardens by Action of Debt in any Court of Record unless the Party offending shall pay the same and also receive the said Servant if Living and him to maintain during the whole time the said Servant had to serve But if any Servant through wilful Misbehaviour shall happen to have the French POX Yaws or any other Disease broken Bones Bruises Sickness Impediment or Imprisonment he or she shall serve their Masters or Mistresses double the Time thereby neglected and also for all Charges occasioned by reason thereof at Ten shillings per Month after their Time by Indenture or otherwise be expired and also Masters or Mistresses of Servants who shall receive unjust Molestation by complaints or Suits of Law shall have the same Remedy for their Expences and Loss of Time That no Servant be Whipt Naked without Order of a Justice of Peace upon Penalty of Five pounds to be Recovered by the Party Injured by Action of Debt in any Court of Record And whosoever shall not give to each White Servant Weekly four pounds of good Flesh or four pounds of good Fish together with such convenient Plantation Provision as may be sufficient shall forfeit to the Party Injured Ten shillings for each Offence And whosoever shall not Yearly give to each Servant three Shirts three pair of Drawers three pair of Shooes three pair of Stockings and one Hat or Cap and to the Woman proportionably shall forfeit to the Party Injured forty shillings That no Master Mistress or Overseer shall cause or suffer any Christian Servant to be Buried or Interred until the Body of such Servants shall be viewed by a Justice of the Peace Constable or Tything-man or by two such Neighbours as the said Justice Constable or Tything-man shall choose and appoint on Penalty of Twenty pounds currant Money of this Island unless such Person died Ten Miles from the Dwelling of a Justice Constable or Tything-man and hath been viewed by two of the next Neighbours and in default of Neighbours by two of the same Family or that the said Justice Constable Tything-man or Neighbours have not within Six Hours after Notice given come to view the Dead Body and whosoever upon Notice given and Request made to view such Dead shall not within four Hours after such Notice repair to the view or on the view finding any suspitious Tokens of the Bodies unlawful Death shall not forthwith give Notice to the Coroner or in Default of a Coroner of that Parish to the next Justice of the Peace shall forfeit Ten pounds which Justice in such Cases is hereby empowered to act as a Coroner That whosoever shall entertain a Servant knowing the same to be so shall forfeit for every Day and Night after the first five pounds and not knowing him to be a Servant Twenty shillings for every Day and Night after the first so that the whole exceed not treble the value of the Servants time remaining to be served with the Master or Mistress Provided that this Clause extend not to Servants by Contract made in this Island but such as are attested by a Justice of the Peace nor to such as entertain any as bring a Certificate of their Freedom attested under the Name of a Justice of Peace though the same be false and forged or for any other Person whose Name the bringer personateth but such forger falsifier personater or bringer and every one of them shall be set in the Pillory and lose his Ears on Conviction thereof in the Supream Court of Judicature But whosoever shall entertain a Servant any time if the said Servant shall be Drunk Trade or Gain during the said Time shall forfeit the Sum of Twenty shillings the one half to the Parish where the Offence shall be committed and the other half to the Informer to be levyed by a Warrant from any Justice of the Peace And also if a Servant or Hired Labourer shall be guilty of hiding or entertaining any Person 's Servant or Slave he shall forfeit one Years Service to the Master or Mistress of such Servant or Slave or receive Thirty Nine Lashes on the Naked Back at the Election of the Party Injured to be ordered by any Justice of the Peace to any Constable in the Precincts That no Person shall Ride Load or Carry on his Employers Horses Cattle Carts and Carriages or willingly suffer the same to be done any Goods or thing whatsoever other than the Masters or Mistresses without such Master or Mistresses Consent on Penalty of Three Months Service for each and every such Default And all Constables and Tythingmen are to be diligent in Apprehending and Searching for Run-aways on Penalty of Twenty pounds for every Neglect and upon the Apprehending of Run-aways if the Master or Mistress be known the Servant shall be carried to the Masters or Mistresses nearest home on Penalty of Forty shillings if not known to the next Common Gaol and the bringer to receive of Master Mistress or Gaoler Eight pence per Mile so as
other to the Informer who shall sue for the same in any Court of Record within this Island wherein no Essoign Protection Injunction or Wager of Law shall be allowed An ACT Impowering Justices of the Peace to decide Differences not exceeding Forty shillings WHereas many inconveniencies may arise unto the Inhabitants of this Island by being vexed and troubled with Suits at Law for small and trivial Injuries Debts and Trespasses wherein the accustomary Fees and Charges usually exceed the Original Debt and Damages for prevention whereof Be it Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same That all manner of Debts Trespasses and other Matters not exceeding the value of forty shillings wherein the Tithes of Lands are not concerned shall and may be heard adjudged and determined by any of His Majesties Justices of the Peace of this Island within their respective Precincts without Appeal which said Justices are hereby required upon Complaint made to grant a Warrant or Summons against the Person complained of thereby requiring him to appear and Answer the said Complaint and in case of Non-appearance to issue out a Warrant of Contempt directed to the Constable to bring the Contemner before him as well to Answer the said Contempt as the Plaintiffs Action and may if he see Cause fine the Contemner provided the said fine exceed not Ten shillings to be for the Use of the Parish where such Offence shall be committed and after Judgment given in either Case may grant a Warrant of Distress directed to the Constable to levy the said Fine Debt Damages and Charges upon the Defendants Goods and Chattels who by virtue thereof shall expose the same to Sale returning the Overplus if any be to the Defendant and for want of such Distress to take the Defendants Body into Custody and him carry and convey to the Common Gaol of the Precincts there to remain till he shall have satisfied the said Debt and Charges and it shall be Lawful for the Justice of Peace to receive for each Warrant One shilling and Three pence and no more and for the Constable for serving of each Warrant the like Sum together with six pence for each Mile he shall be compelled to Travel in Execution of the Premisses provided the whole exceed not five shillings and the Justice is hereby required to keep a Record of all such Proceedings under the Penalty of Ten shillings the one half to be for the Poor of the Parish and the other half to the Informer to be Recovered as aforesaid And whereas the Uncertainty of the Expiration of Laws heretofore made for the better Government of this His Majesties Island may hereafter create some Doubts and Disputes concerning the Validity of the several Judgments made and given by the several Judges and Justices of the Peace within this Island as also all the Proceedings of the Military Officers upon the same for prevention whereof Be if further Enacted and Ordained by the Authority aforesaid that all and every Judgment and Judgments made or given by any of the Judges or Justices of the Peace within this His Majesties Island upon or by vertue of any of the aforesaid Laws and all other Proceedings whatsoever and all and every Act or Acts thing or things done or acted thereupon are hereby Ratified Confirmed and Adjudged Valid and Lawful to all intents and purposes whatsoever and all and every Judge and Judges of the several Courts the several Justices of the Peace the Military Officers and all other Persons whatsoever within this His Majesties Island that have any ways Acted by or under the Authority of the aforesaid Laws or any of them are hereby for ever saved and kept harmless and indempnified against all manner of Persons whatsoever and if any Person shall be sued or any ways molested by reason thereof it shall be Lawful for him or them so sued or molested to plead the general Issue and give this Act in Evidence any Law Custom or Usage to the contrary in any wise notwithstanding An ACT Rating Liquors Sold by Retail BE it Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same that from and after Publication hereof all Vintners and Tavern-keepers or any other Person or Persons who do or shall Utter or Sell by way of Retail Madera Wines or Brandy and shall presume by any means directly or indirectly to take or receive above the Rates hereafter mentioned for the aforesaid Liquors viz. For Madera Wine sifteen pence the Quart and Brandy two shillings and six pence the Quart and so proportionably for a greater or lesser Quantity shall forfeit the Sum of forty shillings for every such Offence to be levyed by Warrant from any of His Majesties Justices of the Peace of the Precincts where the Fault is committed on the Goods and Chattels of any Person or Persons so Offending the one half of which Forfeiture shall be to the Church-Wardens for the Use of the Parish the other to the Informer any Law Custom or Usage to the contrary notwithstanding An ACT For Compensation of Mr. Nicholas Scarlet WHereas Nicholas Scarlet Gent. hath a long time lain under divers great and dangerous Wounds received in the Publick Service of this Island in pursuit of several Rebellious Negroes by reason of a Command from his Superiour Officers whereby he hath been a long time hindred from all manner of Employment to his great Suffering Damage and Charge as also to the loss of the Use of one of his Limbs as hath sufficiently been made appear to Us to the end therefore that all Persons of the like Quality and forwardness to serve the Countrey may for the future receive due Encouragement Be it therefore Enacted by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same that the said Nicholas Scarlet shall in Compensation of the said Loss and Damage have and receive out of His Majesties Publick Revenue a Yearly Salary of Ten pounds during his Residence in this Island which said Sum of Money is hereby appointed to be paid by the Receiver for the time being out of the Treasury when demanded upon Penalty of Twenty pounds the one half to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges thereof and the other half to the Party aggrieved to be Recovered in any Court of Record within this Island by Bill Plaint or Information where no Essoign Protection or Wager of Law shall be allowed An ACT For the Restraining and Punishing Privateers and Pirates WHereas nothing can more contribute to his Sacred Majesties Honour than that such Articles as are Concluded and Agreed on in all Treaties of Peace should by all His Majesties Subjects according to their Duty be most inviolably preserved and kept in and over all
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
under the Penalty of Fifty pounds to be Recovered and Disposed of as aforesaid And whosoever shall Buy Barter or Bargain with any such known Horse-catcher or Driver for any Cattle or Horses without the same be first vouched as aforesaid he she or they so Offending shall for every such Offence forfeit and pay the Sum of Twenty pounds to be Recovered and Disposed of as aforesaid And it is further Enacted by the Authority aforesaid That if any Driver or Horse-catcher shall at any time hereafter fraudulently or designedly put any false Burnt Mark Ear-mark or any other Marks or deface any old Mark he or they shall for such Offence be guilty of Felony It is further Enacted by the Authority aforesaid That no Person or Persons that are Keepers or Owners of Goats shall suffer their Goats to feed in any Persons Land except their own and if any do suffer the same to feed in any Persons Land it shall be deemed Trespass and the Owner of the Land shall Recover in any Court of Record full Costs of Suit in the said Action besides what Damage shall be given by the Jury Be it further Enacted by the Authority aforesaid That no Person whatsoever shall be capable of Hunting with any Gang of Dogs in this Island that is not a Planter in it and hath not at least five Acres of Land Planted and that any Person that shall presume to Hunt any Gang of Dogs within this Island being not Qualified as aforesaid shall forfeit for every such Offence his Gang of Dogs and the Sum of Ten pounds Sterling to be Recovered in any Court of Record within this Island by Bill Plaint or Information the one Moyety or half part of all such Forfeitures shall be to our Soveraign Lord the King his Heirs and Successors for the Support of the Government and Contingent Charges thereof and the other Moyety shall be to the Informer or any Person that shall sue for the same And it shall not be Lawful for any Planter or Planters in this Island to own any Hunting Gang of Dogs which shall not properly belong to themselves their Mates in Planting or Hunted by their Servants under the Penalty of Ten pounds Sterling for each time he or they shall so offend to be Recovered in manner and form aforesaid and to be disposed of as aforesaid And it is further Enacted and Ordained by the Authority aforesaid That if any Hunting Gang of Dogs shall kill or maim any Tame Stock belonging to any Planter or Person whatsoever or do him or them any Prejudice or Damage the Party so Damnified lift the Damage amount to not above forty shillings Satisfaction for the same shall be Recovered by Warrant from any Justice of the Peace but if it amount to more than forty shillings the Person or Persons so injured shall sue for the same at Common Law And if any Person shall kill or maim any manner of Tame Stock as Sheep Hogs or Goats either by Hunting or otherwise and shall not forthwith discover the same to the next Justice or Constable to the end the Damage may be known and Recovered as aforesaid such Offender killing maiming or injuring any such Tame Stock and not discovering it as aforesaid shall pay five pounds for every Default besides Damages to be Recovered by the Party Injured in any Court of Record It is further Enacted and Ordained by the Authority aforesaid That no Person whatsoever shall Hunt any Gang of Dogs within four Miles of any Crawâ— or Settlement except in his own Land or leave from the Proprietor of the same upon pain of Ten pounds Sterling and that no Person or Persons whatsoever shall set any Snare or Engine in any place whatsoever his Planted Ground only excepted under Penalty of forty shillings for every time any Person shall so Offend in either of the Premisses to be Recovered as aforesaid and disposed of as aforesaid and to pay all other Damages that shall accrue by the same An ACT Securing the Purchasers of Thomas Bun's Land upon Port Royal. WHereas one Thomas Bun late of this Island in the Fourteenth Year of His Majesties Reign Patented a certain Parcel of Land on Port Royal and after that Constituted and Appointed one Martin Vanolphin his Attorney thereby giving him full Power and Authority for him and in his Name to Bargain and Sell all and singular the Lands and Tenements of the said Thomas Bun and that he the said Martin Vanolphin in pursuance of the aforesaid Authority did for a Valuable Consideration well and truly paid to the aforesaid Thomas Bun Bargain and Sell the aforesaid Parcel of Land unto William Parker Esquire and Robert Swanley and that a Moyety of the said Land was Sold by the said Swanley to one Thomas Tothill Deceased whose Estate real was in pursuance of an Act of this Island exposed to Sale and Sold for and towards the Satisfaction of the just Debts of the said Thomas Tothill to Sir Charles Modyford Baronet and the whole Purchased as aforesaid Sold by the said Sir Charles Modyford Baronet and William Parker Esq to Edward Yeomans Esq for a Valuable Consideration and the aforesaid Letter of Attorney through the Ignorance and Neglect of those Times not Proved and Recorded as the Law of this Island now requires To the intent therefore that the several Purchasers may for ever hereafter be quieted in their several Purchases and secured in their Titles and Covenants and a speedy Improvement made by Building thereon 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 Sales made as aforesaid by Martin Vanolphin to William Parker Esquire and Robert Swanley and the Sale or Sales of them and either of them unto any other Person or Persons whatsoever are and shall be deemed and adjudged good and effectual in the Law to all Intents Constructions and Purposes whatsoever as if the said Thomas Bun himself had by his own Deed or Bargain and Sale Actually and Really Sold and Conveyed the same and all and singular the Land Sold and Conveyed as aforesaid be and remain to the Heirs and Assigns of such Purchaser or Purchasers their Heirs and Assigns for ever as shall Claim by from and under the Title or Purchase of the said Sir Charles Modyford Baronet and the said William Parker Esq any Law or Custom Usage or Pretence of Right whatsoever to the contrary in any wise notwithstanding An ACT Encouraging the Importation of White Servants Forasmuch as it is provided in an Act of this Countrey Intituled An Act for Regulating Servants for the strengthening and better Defence of this His Majesties Island every Master and Owner of Slaves shall have such quantity of White Servants proportionable to the Number of Slaves as is therein directed and as by the said Act doth more plainly appear and to the intent also all duo Encouragement may be given Merchants Masters and
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
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
Impowering him or them to Levy the said Tax and upon refusal to Distrain and Sell by Publick Outcry as aforesaid any thing in this Act seeming to the contrary notwithstanding And be it further Enacted and Ordained by the Authority aforesaid That the Justices and Vestry-men of each Parish have full Power to enquire into Arrears of former Subscriptions and Taxes and to Levy the same Arrears by Warrant from the Justices to the Constables aforesaid and that the Minister demand no Fee in his own Parish for Christnings Marriages Churchings or Buryals under the Penalty of five Pounds for every offence unless such as the Justices and Vestry-men shall allow any Law Custom or usage to the contrary notwithstanding the one half of all which Forfeitures shall be to the Poor of the Parish and the other Moyety to him or them that shall sue for the same in any Court of Record within this Island And forasmuch as many Persons who may by Vertue of this Act and the Act for mending and repairing the High-ways be Taxed and have nothing in the Parish where they are Taxed upon which any Distress may be made It is therefore Enacted and Ordained by the Authority aforesaid That in such Cases from and after the making hereof an Action of Debt shall lye in any Court of Record or before any Justice of the Peace as in other Debts for the several Church-Wardens and Surveyors of each Respective Parish and their Successors to recover against any of the said Persons Rated or Assessed by vertue of this Act or any of them or their Agents or Attorneys here all such Sum and Sums of Mony as are or shall be rated or assessed upon them as aforesaid And that the same Rate or Assessment produced in such Court of Record or before such Justice of the Peace as aforesaid shall be sufficient Evidence and proof for the recovery of all such Sum or Sums of Mony so Rated or Assessed as aforesaid Provided nevertheless and it is the true intent and meaning hereof That no Justices of the Peace and Vestry-men shall have power to assess any such Person or Persons as aforesaid above the Sum of one shilling Per Annum and for every hundred Acres of Land and so proportionable for a greater or lesser quantity And it is hereby further Enacted and Ordained by the Authority aforesaid That any Person or Persons aggrieved or Rated in any such Assessment or Tax have hereby liberty granted to Appeal to the Justices siting in the Quarter Sessions in their Respective Precincts in this Island Provided that such Appeal to them be made at the first or second Quarter Sessions after such Taxes made and not afterwards and that there it Appearing to the said Justices that he she or they were Over-rated Taxed or Assessed the said Justices are hereby Authorized and Impowered if they find him her or them so Over-rated or Assessed to ease him her or them as to their discretion shall seem meet but that no Appeal shall lye further or to any other Court or Place in this Island for any Tax or Rate made or Assessed by the Justices and Vestry-men of each respective Parish in this Island any Law Custom or Usage to the contrary in any wise notwithstanding And be it further Enacted and Ordained by the Authority aforesaid That the Church-wardens of each respective Parish within this Island do buy or cause to be bought one Fair well bound Book wherein the Minister and in case there be no Minister there resident the Respective Church-Wardens upon notice thereof given by the Masters of the several Families who are hereby required to give such notice under the Penalty of five Pounds shall Register or cause to be Registred by the Clark of the Vestry of that Parish the Times of the Births Christnings Marriages and Burials of all such Person or Persons that shall from time to time be Born Christned Marryed or Buried within the said Parish under the Penalty of five Pounds for every such Default And that the said Clark or Person that shall Register the same shall have and receive as a Fee for each Entry Fifteen Pence and no more And it is hereby further Enacted by the Authority aforesaid That all such entries duly made and kept as aforesaid shall at all times hereafter be Deemed Judged and taken as an Authentique Record of all such Births Christnings Marriages and Burials and in all and every the Courts of Records in this Island But if any Person hereby Authorized to make such Entry or any other whatsoever shall make or cause to be made any false Entry or shall raze our or Imbezel any Entry or Books of Entry he or they so offending shall be proceeded against and Punished in manner and form as the Laws of England provide against such as Steal Raze or Imbezel Records The one Moyety of all which Forfeitures or Penalties or any other mentioned in this Act and not directed how to be disposed of shall be to the Poor of the Parish where the fault is committed the other Moyety or half part to the Informer to be recovered by Bill Plaint or Information in any of his Majesties Courts of Record in this Island wherein no Wager of Law Essoin Protection or Injunction shall be allowed any thing in this Act or in any other Act to the contrary in any wise notwithstanding And be it further Enacted and Ordained by the Authority aforesaid That the Parish of Port-Royal do allow and Pay unto the Minister thereof two Hundred and fifty Pounds Per Annum of Currant Mony of this Island and that the Parish of St. Catharines do allow and pay unto the Ministers thereof One Hundred and forty Pounds of the like Mony Per Annum and not less And that the Parish of St. Thomas St. Andrews and St. Johns do allow and pay unto their Respective Ministers One Hundred Pounds of like mony Per Annum and that all the other Parishes within this His Majesties Island that either have or shall have a Minister do allow and pay Eighty Pounds Currant Mony and not less as a constant Yearly Salary for the support and Maintenance of every of their Ministers to be Paid at their Respective dwelling Houses every six Months without any Charge or defalcation by equal Portions and none to be Capable of being presented to the said Benefices or receiving the Profits of the same unless they produce due Testimonials that they are qualified according to the Canons of the Church of England by having taken Deacon and Priests Orders and the said Testimonials to be Recorded in the Secretaries Office And be it further Enacted and Declared by the Authority aforesaid That no Minister not duly qualified as aforesaid Presume to Marry any Person or Persons whatsoever under the Penalty of one Hundred Pounds Currant Mony of this Island one third thereof to our Soveraign Lord the King his Heirs and Successors for and towards the support of the Government of this
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
upon the Marshals return at the same Court as aforesaid that he hath levied such Effects and left them in the Defendants hands there issue out a Venditioni Exponas without any charge of Mile-money in these words following The King to the Provost-Marshal Greeting WHereas We lately commanded thee by Our Writ That of the Goods and Chattels real and personal of A. B. thou shouldest levy or cause to be levied as also Costs of Suit which C. D. hath recovered against him By Vertue of which Writ thou didst return unto Vs that thou hadst taken in Execution of the Goods of the said A. B. to the Value of the said Debt and Costs of Suit which said Goods remain in the Custody of the said A. B. by thee in form as aforesaid taken thou expose to sale and the Money thereof coming thou immediately render to the said C. D. for his Debt or Dammages and Cost as aforesaid but if the Goods aforesaid shall be imbezell'd or made away or that the said A. B. doth not deliver the same that then thou levy the said Debts or Dammages and Costs upon any other the Goods and Chattels of the said A. B. and immediately expose them to sale and if thou canst not find sufficient Goods or Chattels by which the whole Debt or Dammage and Costs may be satisfied that then you take the Body of the said A. B. and him safely keep so that thou have his Body before Vs at Our next Court to satisfie the said C. D. of the said Debt or Dammages and Cost or so much thereof as by thee cannot be levied and have thou then and there this Writ Witness c. By vertue whereof the said Goods shall be sold by publick Outery at the next Court of the Precincts where the Goods are taken and if they are so arrested or taken in the Parish of St. Catharines St. Dorothy's St. Thomas in the Vale or St. John's until they shall have petty Courts of their own erected Publication shall be then made at the same Court that the Return is made that the said Goods shall be sold twenty Days after by publick Outcry in the Parade-place of St. Jago de la Vega and the Money arising from the said Sale shall not remain in the Marshals hands but be paid to the Plaintiff or his Order within ten days under the Penalty of half the Debt to be recovered by the Plaintiff to his own Use in any Court of Record within this Island where no Essoin Protection or Wager of Law shall be allowed And it is further Enacted by the Authority aforesaid That where the Person against whom such Execution is issued hath not the Goods aforementioned in this Act by him to shew and offer to the Marshal within the time prescribed that nevertheless the Marshal shall not lay the Execution upon any Negroes Working-Cattel or Utensils upon or belonging to any Plantation Brick or Pot-work or any other Negroes whatsoever if the Defendant shew or deliver to him any other Stock or Cattel being in a Pen the said Cattel or Stock to be sold by publick Outcry upon Venditioni Exponas to be issued as aforesaid And it is further Enacted and Ordained by the Authority aforesaid That all Accidents that happen whilst the Goods that are taken in Execution remain in the Defendants possession be born and made good by the Defendant and that no property shall be by the Defendant transferred or made in or to any such Goods that shall be so taken in Execution by vertue of this Act. Provided always and it is hereby further Enacted and Declared That where the Body of the Defendant shall be taken in Execution that nevertheless if any Effects afterwards appear the Plarntiff may take out another Execution and levy the same on the said Effects for satisfaction of the said Debt any Law Custom or Usage to the contrary notwithstanding And it is further Enacted by the Authority aforesaid That where any Prisoner or Prisoners under Execution shall have nothing to maintain him her or themselves that then he she or they disclosing the same upon Oath unto two Justices of the Peace of the Parish where he she or they shall be Prisoners and making it appear to the Judges of the Supreme Court that he she or they have given notice to all their Creditors ten days before the said Court that they or either of them intend to take the benefit of this Act bringing likewise to the said Court a Certificate of such their Oath under the Hands and Seals of the said Justices that then the Prisoner or Prisoners so taken in Execution shall be publickly let to hire at the said Court the Marshal receiving for his Fees a proportionable share with the other Creditors and the Money so arising from the said Hire shall be paid to such persons as the Court shall appoint to be equally divided among the Creditors as aforesaid but in case any Creditors shall refuse to consent to letting the said Prisoner or Prisoners to hire that then such Creditor shall pay or cause to be paid to the said Prisoner or Prisoners Three Shillings and Six Pence Weekly Provided always and it is hereby Enacted That if any Prisoner or Prisoners so let to hire shall at any time afterwards come to have or enjoy an Estate having not first satisfied their Debts that then at all times hereafter the Judgment obtained against him her or them shall remain good and in force and another Execution shall be taken out and levied against the Goods and Chattels of the said Prisoner or Prisoners wheresover they shall be found And be it further Enacted by the Authority aforesaid That if the Provost-Marshal by himself or any of his Deputies shall levy any Execution in any other manner than what is herein before declared or shall ask demand or receive any Mile-money for the Executing any Writ of Execution or Venditioni Exponas shall forfeit One hundred Pounds currant Money of this Island for every such Offence to be recovered in any Court of Record within this Island wherein no Essoin Protection or Wager of Law shall be allowed the one Moity 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 the other Moity to the party aggrieved And it is further Enacted by the Authority aforesaid That the several Fines Forfeitures and Penalties before-mentioned in this Act and not declared how they shall be disposed of shall be recovered in any Court of Record within this Island wherein no Essoin Protection or Wager of Law shall be allowed the one Moity 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 Moity to the Informer or he that shall sue for the same An ACT Appointing where the Laws of this
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
and Articles the Commander in Chief with Advice of a General Council of War is to make and Establish and the Commanders of the several Regiments to give out Copies of the said Articles unto their respective Officers that the same may be publickly read once every Six Months unto the Souldiers whilst they are in Arms that all Persons may the better know and observe their Duties and if it shall happen that any of the Officers or Souldiers shall when they are out of Arms endeavour to take revenge by force for any thing his or their Superiour Officers Lawfully did in pursuance of his or their duty and this Act the said Officers and Souldiers shall be brought to a Court Marshal and there punished as if the offence had been done in time of Service or Exercise Provided that the said Punishment do not Extend to Life or Limb. And be it further Enacted by the Authority aforesaid That once every Year or oftener if thereunto commanded each particular Captain shall give to his Field Officer and the Field Officer to the Commander in Chief fair Written Rolls of their respective Companies and Regiments and if any Field Officer Captain or other Inferior Officer or Souldier shall neglect or contemn performing the Lawful Commands of their respective Superiour Officers he or they shall be punished by Fine Casheering or Punishment according to the Discretion of a Court Marshal which the Commander in Chief is to appoint and Establish and the Orders of the said Court Martial are hereby declared to be Binding in all Military Affairs And if any Person upon any Invasion or other Publique Military Service be Wounded or Disabled he shall be Cured and Maintained out of the Publique Revenue and if any Person whatsoever shall be Sued Molested or Impleaded for any thing Lawfully commanded in the Execution and Pursuance of this present Act he shall plead the General Issue and give this Act in Evidence and shall thereupon if found for him recover Costs of Suit and treble Damages And be it further Enacted by the Authority aforesaid That upon every Apprehension and appearance of any Publique danger or Invasion the Commander in Chief do forthwith call a Council of War and with their Advice and Consent cause and Command the Articles of War to be Proclaimed at Port-Royal and St. Jago de la Vega from which said Publication the Martial Law is to be in Force that then it shall and may be Lawful for the said Commander in Chief to Command the Persons of any of His Majesties Leige People as also their Negroes Horses and Cattle for all such Services as may be for the Publick Defence and to pull down Houses Cut down Timber command Ships and Boats and Generally to Act and do with all full Power and Authority all such things as he and the said Council of War shall think Necessary and Expedient for His Majesties Service and Defence of this Island Provided always and it is the true Intent and meaning of this Act that as soon as the Common Law revives and is in Force the said Negroes Servants Cattles Ships or Boats so Imployed as aforesaid be immediatly discharged and to the end it may be certainly known when the Martial Law ceaseth and the Common Law taketh place It is hereby declared that upon Lodging the Colours and discharging the Soldiers from their Arms the Martial Law ceaseth and the Common Law revives and taketh place Provided also that the Martial or his Deputy shall not presume to arrest any such Souldier within one Month after every such discharge nor in the time of his going or coming to or from the place of Exercise or Rendevous under the Penalty of Ten pounds and of being further lyable to an Action of false Imprisonment and in case of any such Arrest it shall be Lawful for the respective Captain or other Commission Officer to release any of his or their Souldiers so Arrested And it is hereby further Enacted and Ordained by the Authority aforesaid That if upon any Alarm or Invasion any Person or Persons whatsoever shall suffer either by the Landing of an Enemy or drawing together His Majesties Forces of this Island all such Damage or Damages whether in Servants Negroes Horses Cattel or in the Labour of any of them or in the expence of Provision or by Fire or by any other Loss whatsoever that may Accrue by the means aforesaid that then upon due application and Proof thereof made unto the Governour and Council the said Damages shall be reasonably Valued and forthwith payd out of the Publick Revenue and that if there be no Mony there the Governour and commander in Chief do forthwith call an Assembly and recommend to them all Cases of the like Nature so that Mony may be Legally raised for the Publick Disbursements and every one receive just and equal satisfaction for their losses Provided always and it is hereby Enacted and declared by the Authority aforesaid That the several Fines and Forfeitures Mentioned in this Act and not Declared in what manner they shall be recovered and how disposed of that all such as do Relate to any Person under the degree of a Captain shall be to the respective Captains to Defray the Charge of their Companies or Troops and to be Levyed before the next Exercising day by distress and Sale of the Oftenders Goods by the Captains Warrant to the Serjeant or Corporal and if no Distress be found the Punishment to be by Ryding the Wooden Horse or being tyed Neck and Heels not exceeding an Hour at the discretion of their Officer but if the offender be a Servanâ— the Owners Goods shall be lyable to the Distresses and Sales as aforesaid so that Satisfaction may be made and for all other Penalties mentioned in this Act the same shall be levyed by Distress and Sale of the offenders Goods and Chattels by the Provost Marshal by Warrant from the Commander in Chief one half thereof 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 Informer And be it further Enacted by the Authority aforesaid That it shall and may be Lawful for any Commission Officer belonging to the Regiment on Port-Royal under the degree of a Captain in the absence of the said Captain from of the Point to Grant Warrants of distress against any Persons whatsoever that shall Absent themselves from their Duty on the night Guards without sending a sufficient Person to serve and Watch in their Stead which said Warrants so Granted shall be as Effectual to all Intents and purposes whatsoever as if they or any of them had been granted by the Captains themselves And be it likewise Enacted by the Authority aforesaid That no Wherry Ships Boat or Canoa shall at any time pass the Fort at Port-Royal under the Penalty of Twenty Shillings to be recovered by Warrant from any
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