any Court of Record within this Island by Bill Plaint or Information wherein no Essoin Protection Wager of Law or Non vult ulterius prosequi shall be admitted or allowed any thing in this Act or any other seeming to the contrary notwithstanding And that the said Collector Receiver or his Deputy shall not at any time hereafter upon any pretence whatsoever pay the said One Thousand Pounds per Annum or any part or parcel thereof or any other Sum or Sums of Money whatsoever arising from the Quit-Rents or by Vertue of this Act unless he or they shall first have or receive for his or their Authority a Warrant under the Hand and Seal of the Governour or Commander in Chief for the time being with the Advice and Consent of the Council expressing the Sum to be paid and the end and purpose whereunto the same is or shall be applied And in case the Collector Receiver-General or his Deputy shall contrary to the true intent and meaning hereof pay any Sum or Sums of Money whatsoever or if any other person or persons whatsoever shall misapply any of the Moneys so as aforesaid appropriated contrary to the true intent and meaning of this Act the Offender or Offenders shall forfeit and pay treble the Sum by him or them so paid or misapplied Be it further Enacted by the Authority aforesaid That all Forfeitures and Penalties mentioned in this Act and not declared how they shall be disposed of and in what manner to be recovered shall be one half to our Sovereign Lord the King His Heirs and Successors for and towards the Support of the Government of this Island and the contingent Charges thereof and the other half to the Informer to be recovered by Bill Plaint or Information in any Court of Record within this Island wherein no Essoin Protection Wager of Law Non vult ulterius prosequi or Injunction shall be allowed any thing in this Act or any other to the contrary in any wise notwithstanding And it is hereby Enacted and Declared by the Authority aforesaid That from and after the First day of this present October an Act intituled An Act for Raising a Publick Impost made at an Assembly held at the Town of St. Jago de la Vega the Fourth day of October in the Three and thirtieth Year of His Majesty's Reign that now is and all and every Clause and Clauses therein contained be and are hereby repealed to all intents and purposes whatsoever And it is hereby Enacted and Declared by the Authority aforesaid That this present Act remain and continue in force for the Term of Seven Years and no longer WHich Laws having upon the perusal of the Right Honourable the Lords of the Committee of Trade and Foreign Plantations been presented to His Majesty at this Board His Majesty was graciously pleased with the Advice of His Privy Council to approve and confirm the same for the space of Seven Years to commence from the First of October last preceding the Date hereof And pursuant to His Royal Pleasure thereupon signisied and expressed the said Laws are hereby approved and consirmed for the space of Seven Years accordingly John Nicholas FINIS LAW-BOOKS Printed for or Sold by Charles Harper at the Flower-de-Luce over against St. Dunstan's-Church in Fleet-street Folio Law THe Statutes at large from Magna Charta to this present Year 1682. in Paragraphs and Sections with References to the Books of the Law and an exact Table By Joseph Keble of Gray's-Inn Esq in folio An Assistance to Justices of the Peace for the easier performance of their Duty The first Part thereof being a Collection of all the particular Clauses of Statutes from Magna Charta to this time that does any ways concern Juslices of the Peace In the other Part the whole Office of a Justice is methodically digested with the newest and most approved Presidents under proper Heads the whole accommodated to present use By Joseph Keble of Gray's-Inn Esq A Collection of Entries c By William Rastal fol. The Lord Coke's Book of Entries His Commentary on Littleton being the first Part of the Institutes His Commentary on Magna Charta c. or the 2 d Part of the Institutes His Pleas of the Crown or 3d. Part of the Institutes His Jurisdiction of Courts or 4th Part of the Institutes His 11 Reports in French with a Table and the 12th and 13th in English His 11 Reports compleat in English with a Table An Abridgment of Cases and Resolutions of Law contained as well in the Law-Books Statutes and Records as of modern Judgments in the Courts of Westminster By H. Roll Serjeant at Law Published by the L. C. J. Hales The Year Books in to Volumes the last Edition with new Notes and Tables to them all Origines Juridiciales oran Account of the English Laws Courts of Justice Forms of Tryal Punishment in Cases Criminal Law-Writers Law-Books Grants and Settlements of Estates c. Also a Chronology of the Lord Chancellors Keepers Treasurers Justices Itinerant Judges Barons Masters of the Rolls Kings Attorneys and Sollicitors and Serjeants at Law By Sir William Dugdale Kt. The Law of Common Assurances touching Deeds in general viz. Feoffinents Gifts Grants Leases with two Alphabetical Tables By William Sheppard Esq The Country Justice containing the Practice of the Justices of the Peace as well in as out of Sessions By M. Dalton with large Additions printed 1682. Modern Reports By William Style of the Inner-Temple Esq Actions for Slanders By William Sheppard Esq Reports of H. Roll Serj. at Law in two Volumes in the Kings-Bench in the time of King James Prynn's Animadversions on the Lord Coke's 4th Institutes Sir Henry Yelverton's Reports in the King-Bench in the time of Queen Elizabeth and King James Published by Judge Wilde The Reports of Sir John Davies with a Table The Reports of the learned Judge Sir Henry Hobart The fourth Edition corrected and amended The Reports of Sir George Crook Kt. in the time of Q. Elizabeth K. James and K. Charles the First Collected in French by himself revised and published in English by Sir Harbottle Grimstone Master of the Rolls the third Edition in three Volumes This Book is now reprinted with References to all the late Reports Reports in the Kings-Bench in the time of King Charles the First By Jo. Latch of the Middle-Temple Reports of the late Reverend Judge Th. Owen Esq one of the Justices of the Common Pleas with Tables Reports and Arguments in the time of K. Charles the Second of that learned Judge Sir Jo. Vaughan lato Chief Justice of the Common Pleas. The Reports of Sir James Dyer in the time of H. S. Ed. 6. Phil. and Mary and Q. Elix with a Table The Reports of the Lord Keeper Littleton in the time of King Charles the First with Tables The Office and Authority of Sheriffs gathered out of the Statutes and Books of the Common Law Corrected and very much enlarged by Mich. Dalton with
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
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-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
quarter-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
Party grieved the other by the Owner of the Cattle and the other by the Justice of the Peace and if either of them do not appear or refuse to make their Choice that then in such Case the said Justice shall name two and what Damage shall be done by any Stock in any Plantation so Fenced as aforesaid the said Damage to be Appraised upon the Oath of the said Three Free-holders and the Owners of the said Stock shall pay double the said Damage so committed or done by their Cattle Proof being made appear by the Oath of one or more to be Recovered before any Justice of the Peace if not exceeding Forty shillings if above in any Court of Record by Action of Debt And it is further Enacted and Provided by the Authority aforesaid That no Person or Persons whatsoever shall kill or destroy any Cattle Horse Mare Mule or Asinego but he she or they who shall kill or destroy any of the afore-mentioned Stock shall forfeit for each they shall kill or destroy the Sum of Fifteen pounds currant Mony to be Recovered by Action of Debt in any Court of Record within this Island by the Owner or Proprietor of the said Beast And it is further Enacted by the Authority aforesaid That all Owners of Neat Cattle shall keep one White Man at each respective Pen and at all Pens whereunto belongs above Two hundred Cattle the Owner of such Pen shall keep two White Men upon pain of forfeiting Ten pounds for every White Man that shall be wanting as before for the space of Three Months to be Recovered in any Court of Record by Action of Debt the one half to the Parish for the Use of the Poor the other Moyety to the Informer or him that sues for the same And it is further Enacted by the Authority aforesaid That all Persons and Owners of Cattle that shall fail to Pen their Cattle once in three Nights at the lâ—â—st that all such Cattle doing Damages shall pay double the Damage to be Recovered as aforesaid And it is further Enacted by the Authority aforesaid That all Strays of any sort of Cattle where ever they shall be found and taken up shall belong to the Proprietor of the Ground where they are accustomed to feed Provided the said Proprietor cause the said Stray or Strays to be Cryed by the Common Cryer three distinct Court Days in the Court of the said Precinct describing all the Marks of the said Stray with the Age and Kind and further that the said Proprietors do turn loose again the said Stray to continue in the same feeding Ground where the same was accustomed to feed and tying a Withe about the Neck of the said Stray which shall be a Common Mark for Strays and in that manner to continue one whole Year from the first taking up or Penning of the same Provided further that if in the mean time no Person shall Challenge or Claim the same that then the property of all such Strays remain to the Proprietor of the Ground as before they giving Satisfaction for taking up the said Stray Provided always That this Act extend not to any Ear-marked or Burnt-marked Beast Horse Mare Colt or any other sort of Cattle but all such shall belong to the Owners or Proprietors of the same if Claimed at any time after the expiration of the Year It is further Enacted by the Authority aforesaid That the Clerks of each respective Courts of Record in this Island are hereby empowered to make Entry and Toll any sort of Cattle that shall be Sold from one Person to another taking as near Description of the several Marks Natural or otherwise as can be and vouched by two sufficient Persons known to the Clerk which Entry or Toll shall be good against any former Sale or Bargain or any other Title whatsoever except in all such Cases where the Provost Marshal or his Deputy hath levied the same by Execution and the Clerk of the said Court shall take Twelve pence for each such Entry and for keeping a Record of the same and no more And it is further Enacted by the Authority aforesaid That no Person whatsoever shall presume to carry any Fire or smoak Tobacco in any Savanna or Plantation or High-ways whatsoever under the Penalty of Ten shillings for each time they shall so offend and be further liable to pay all Damages that shall accrue to any Person or Persons by means of the same to be Recovered if not exceeding Forty shillings before any Justice of the Peace if exceeding Forty shillings by Action of Debt in any Court of Record within this Island And if the Person so offending be not able to make Satisfaction then the said Person shall be Whipped for every such offence at the Discretion of any one Justice of the Peace Provided That this Clause extend not to Owners of Land to carry Fire in their own Plantations or burn their own Savanna yet to be liable as before if thereby they injure or burn any other Persons Savannas or Plantations and that all Penalties for carrying of Fire shall belong to the Person that sues for the same And whereas it is found by Experience that several Common Drivers of Cattle or Horse-catchers do frequently Ride and drive Gangs of Mares and other Cattle from off their own Feeding Ground or Pasture whereby those that are big cast their Young and Young ones are often separated from their Dams and do likewise often deface the Marks of such Cattle and Horses or new Mark them for themselves or others with wrong Marks to the great Damage of all such Proprietors for prevention whereof Be it further Enacted by the Authority aforesaid That no Person or Persons whatsoever shall hereafter presume to drive or ride in any Savanna as a Common Horse-catcher after any Horses or Mares without having first given Security for their Honesty and obtained leave from the Proprietor or Proprietors of such Savanna's or the Major part of them under the Penalty of Twenty pounds to be Recovered as aforesaid one third part whereof shall be to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges of the same one third part to the Proprietor or Proprietors of such Savanna's where the Offence shall be committed the remaining third to the Informer or he that shall sue for the same And it is further Enacted by the Authority aforesaid That if any such Common Driver or Horse-catcher or any other Person employed by or for him or them shall presume to Sell or Barter any Horse Mare or Colt or other Cattle but such as he shall bring two sufficient Free-holders of the place where he doth Inhabit or other good sufficient Evidence to vouch before the Clerk of some Court of Record within the Precincts where they shall be Sold or Bartered as aforesaid that he bred them or otherwise came Lawfully possessed of them
settlers in particular who have expended great sums of Money in planting thereabouts for prevention of so great and growing a mischief be it therefore Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same that the Governour or Commander in chief for the time being do issue out a Commission in the nature of a Commission of sewers under the Broad Seal of this Island thereby constituting and appointing twelve good and sufficient Freeholders such as the Governour or Commander in chief as aforesaid with the Major part of the Councel shall think fit to nominate and choose out of the Parishes of St. Catherines and St. Andrews whereof five shall be a Quorum and one of which five shall be a Justice of the Quorum thereby giving and granting unto them or any five or more of them full power and Authority to assess lay and receive a reasonable Tax upon the Lands or Negroes or upon both as to the said Commissioners or to any sive or more of them shall seem just and convenient of all Persons whatsoever who have any Lands bounding any ways upon the said River or upon whosoever shall receive Advantage by clearing the said River towards the clearing the Old Channell or by turning the present Course of it some other way as upon a due survey of the premisses shall seem most necessary and which may be done with the least Charge or prejudice to any Person and that the limits of the said Commission to Tax be and extend upon all the Lands bounding on both sides of the River from the Plantation of Henry Molesworth Esq commonly called Cow-park unto the Mouth of the said River where it falleth into the Sea And be it further Enacted by the Authority aforesaid That every such Person as shall be named a Commissioner in the said Commission after he hath knowledge thereof shall take his Corporal Oath to lay a reasonable Tax upon all the Lands or Negroes or upon both as aforesaid and that he will to the best of his Skill and Knowledg execute the said Commission which Oath shall be taken before the Governour or Commander in Chief or before whom by the Kings Writ of Dedimus Potestatem he shall appoint or before the Justices of the Peace in the Quarter Sessions of the Precincts where any of the said Commissioners shall reside and whosoever of the said Commissioners shall refuse to take the said Oath shall forfeit the sum of Five pounds And further That whosoever shall wilfully fall any Trees or cast or suffer to be cast the same as also any Pane Trash or other Rubbish whatsoever into the said River or into any other River or Gully that shall come into the same whereby the said stop shall be any wise increased shall forfeit for every such Offence the like sume of Five pounds both which forfeitures shall be one third part to Our Soveraign Lord the King His Heirs and Successors for and towards the Support of the Government of this Island and the contingent Charges thereof and the other two thirds to whomsoever shall sue for the same towards the Expence of Preventing the Overflowing of the said River or towards the cutting of a new Channel as aforesaid and that each of the said Commissioners that shall meet and sit as aforesaid shall for each day they so sit receive towards their Expence Five shillings per Diem out of the said Moneys to be levied as aforesaid And be it further Enacted by the Authority aforesaid That the said Commissioners unto whom the Commission as aforesaid shall be directed or any Five or more of them by vertue of the said Commission and of this present Act shall have full power and Authority to See Survey and View the said Lands as do use to be o'reflown or any part of them and all the said Lands and Negroes or their several Owners who possess any Lands or Negroes within the Bounds and Limits aforesaid to Tax Rate Assess and Charge with such Sum and Sums of money as well for the present clearing of the Old Channel of the said River or for the making a new if it shall be found necessary as also for the keeping of it clear after it shall be cleansed or turned another way and that the said Commissioners or any Five or more of them shall and may make and appoint diligent and able Surveyors Collectors and Overseers and such other Officers as they shall think fit to Survey and Oversee and to Levy Receive and Lay out the Money to be Levied and Expended in and abour the premisses and to do and execute whatsoever shall be needful and expedient to be done therein according to the directions and Orders which shall from time to time be prescribed by the said Commissioners or any Five or more of them and to allow them for their pains what shall be thought reasonable and also that it shall and may be lawful for the said Commissioners or any Five or more of them by Warrant under their hands and Seal to Command the taking of any Cart Wain or Negroes of any Person within the Bounds and Limits of the said Commission to help towards the clearing and removing the Premisses or toward the making a new Channel Provided always that the Owners of such Carts Waines or Negroes are not then making Sugar and that they take not above five Negroes for a Week out of a Plantation and a Wain or Cart for the same time and that the Owners of such Carts Waines or Negroes that shall be so employed be allowed out of their respective Taxes what shall be thought reasonable for the hire of them by the said Commissioners as aforesaid And be it Enacted by the Authority aforesaid that it shall and may be Lawful for the said Commissioners or any Five or more of them by Warrants under their hands and Seals to give Authority to any Person or Persons to Levy the said Sums of Money by them from time to time to be Assessed upon the Persons Lands or Negroes or upon all or any of them as aforesaid by distress and sale of the Goods of such Person or Persons that shall not pay or refuse to pay the same and the Overplus of the value rising upon such sale shall return to the Owner of the same and in default of such distress to be taken and sold it shall and may be Lawful for such Collectors as shall be appointed by the said Commissioners or any Five or more of them to sue the Factor or Attorney of such Person or Persons as have Lands lying within the Limits aforesaid And that all Constables Marshals and Tything-men be Aiding and assisting in the levying all such Taxes as shall be assessed and levyed as aforesaid and that they receive Twelve Pence in the Pound for Levying the same And be it further Enacted by the Authority aforesaid that if any Action or Suit shall be brought against
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
Title shall be made by any publick Attestation or otherwise as shall be beleived to be Evidence by the Judges and Jury to be recovered at any time without Limitation And be it further Enacted by the Authority aforesaid That all Bills of Sale and Conveyances whatsoever heretofore made or that hereafter shall be made by Husband and Wife and acknowledged before the Judge of any Court of Record within this Island and duly Recorded shall be good and Valid in Law against all Persons whatsoever that can or may pretend to Claim any Estate in the Lands or Tenements so conveyed to all Intents and purposes whatsoever as if the same had passed by Fine and Recovery in any of his Majesties Courts of Westminster Provided always that where any true and Valuable Improvement is made on such Escheated Land by the Patentee or Patentees during the said Three Years that such Heir before his Entring upon the same shall satisfie and pay unto such Patentee or Patentees all such Charges as the Chancellour for the time being shall judge to be reasonably Expended together with the Interest of the same according to the Custom of this Country any thing herein contain'd to the Contrary notwithstanding An ACT For Establishing Courts and directing the Marshals Proceedings FOr the better and more Orderly Regulation and Establishment of the several Courts of Justice within this Island as well in respect of the time as place for holding the same and also directing the Marshals Proceedings Be it Enacted by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same That the Judges of the Supream Court of Judicature for the time being are hereby fully Impowered and Authorized to have Cognizance of all Pleas Civil Criminal and Mixt as fully and amply to all intents and purposes whatsoever as the Courts of Kings Bench Common Pleas and Exchequer within His Majesties Kingdom of England have or ought to have and the said Court shall be duly and constantly kept at the Town of St. Jago de la Vega and not else where once every three Months and not oftner and that there be Five Judges at the least appointed to hold the same Court three whereof to be a Quorum and that the several Inferior Courts of Common Pleas established or that shall be Established in the several Precincts of this Island shall have Jurisdiction over all Causes wherein any Free-hold isnot concerned to the Value of Twenty Pounds with Cosles and no more and that the same be held and kept at the same time and in the same place of the respective Precincts where the Justices of the Peace shall hold and keep the Quarter Sessions once every three Months and that none of the said Courts be kept oftner nor in any other place or manner than is hereby declared Provided always and it is hereby Enacted by the Authority aforesaid that in respect Port-Royal is the Chief Seat of Trade within this Island and it is found by Experience that a quicker and more speedy dispatch of all Maritine and Merchandizing affairs give the greatest satisfaction to all Parties concerned it shall and may be Lawful for the Judg or Judges of the Court there Established to hold and keep the same once every two Months and not oftner and that it shall and may be Lawful for the Chancellour here for the time being upon application made to Grant a Justices to any of the Inferiour Courts within this Island any thing herein contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That it shall not be Lawful for any Person or Persons whatsoever Appointed Elected or Chosen to be a Judge or Judges of the aforesaid Courts to Execute or Officiate his or their said Place or Office until such time as he or they shall respectively take the Oaths of Allegance and Supremacy in open Court and that none of the said Judges directly nor indirectly shall ask demand or receive any other profit benefit or advantage from any of the Clarks of the said Courts or other Person whatsoever under colour or pretence of such their Place Office or Authority but what is allowed them by the Acts of this Island under the Penalty of Five Hundred pounds of Currant Mony of this Island And be it further Enacted by the Authority aforesaid That all and every of the Judges of the several Courts before mentioned be and are hereby sufficiently Empowered to make order and establish all such Rules and Orders for the more orderly practising and proceeding in their said Courts as fully and amply to all Intents and purposes whatsoever as all or any of the Judges of the several Courts of the Kings Bench Common Pleas and Exchequer in England Legally do and that no Councillour or Attorney be suffered to practise in any of the said Courts until they be first admitted by the same and have taken as well the Oath of an Attorny as the Oaths of Allegiance and Supremacy under the Penalty of Twenty pounds of Currant Mony of this Island and whatsoever Councillor or Attorney shall by negligence or ignorance mistake his Clients Cause and Imperfectly lay his Action or ill Draw the Declaration whereby the Client shall suffer a Non-suit he or they so offending shall be lyable by Rule of Court without any other Process or course of Law whatsoever to pay unto the party aggrieved full Costs of Suit and to the end that no Person shall be Damnified by mistake of his Lawyer for matter of Form only Be it Enacted and Declared by the Authority aforesaid That the Judges shall at all times on Motion made in Court order Amendments and shall not upon Arrest of Judgment or Writ of Errour for matter of Form only reverse any Judgment whatsoever And be it Enacted and Declared by the Authority aforesaid That no Action of Wast shall be permitted to be brought or allowed to lye within any Court of this Island and that no Free-holder whatsoever being of know Residence shall be Arrested by any Process out of any of the said Courts upon the Penalty of Twenty pounds Currant Mony to be paid by the Plaintiff to the Party so Arrested and what Action or other proceeding whatsoever shall be entred sued had made or prosecuted thereupon contrary to the true intent and meaning thereof shall and is hereby declared to be void and of no Effect to all intents and purposes whatsoever And that no Suit be had or Process taken out of the Supream Court of Judicature for any matter or Cause of Action under the Value of Twenty pounds Currant Mony of this Island upon the Penalty of Twenty Pounds of the like Money to be paid by the Plaintiff in the said Action but that the same be tryed in the Court of the Precincts where such Cause of Action doth arise Provided that both Parties reside there and that the Inhabitants and Residents in St. Catharines St. Dorothy's St. Thomas
in the Vale and St. Johns Sue as formerly in the Supreme Court for any Sum whatsoever until they shall have Petty Courts Erected in their own Parishes any thing in this Act to the contrary notwithstanding And it is further Enacted by the Authority aforesaid That in all and every the Inferiour Courts within this Island upon Summons duly served and the Defendant not appearing Judgment shall go by default in the same manner and form as in the Supreme Court Provided always that it is the true Intent and meaning of this Act that as well in the Supreme Court as any other the Inferiour Courts within this Island the Provost Marshal or his Lawful Deputy shall appear in open Court and there depose upon Oath that the Party or Parties against whom Judgment shall go by default hath been legally Summoned Fourteen Days before the said Court any thing in this Act or any other to the contrary notwithstanding And it is likewise Enacted and Ordained by the Authority aforesaid that upon any Declaration exhibited in debt upon specialty or Bill under hand or in case of a book Debt upon a Concessit Solvere and disclosing the special matter to the Chief Judge of the Supream Court of Judicature that the said debtor against whom the Plaint is entred is either gone off this Island or that upon process already taken out against him a Non est Inventus hath been returned an Attachment shall then Issue thereby commanding the Provost Marshal or his lawful Deputy to attach such Monys Goods Chattels or Debts in the hands of the Possessors of the same be they Attorney Wife Servant or any other Person and also require them to appear at the next Court to shew Cause why the said Money Goods Chattels or Debts or so much thereof as will satisfie the said Debts then demanded should not be delivered to the Plaintiff at which Day if the said Possessor or Debtor be they Attorney Wife Servant or other Person as aforesaid be convicted by Confession Verdict or otherwise that the said Moneys Goods Chattels or Debts do properly belong to the person so gone off this Island or otherwise absented himself as aforesaid and if the Plaintiff before or after due proof made do solemnly swear in open Court that his Debt is true and that directly or indirectly no part or parcel of what he demanded is satisfied and also give in Security in double the Sum he demands to restore the same with treble Dammages or so much thereof as shall at any time afterwards be disproved that then and in all such Cases the Plaintiff shall have Judgment to recover the said Debt out of the said Money Goods Chattels or Debts so attached as aforesaid Provided always That if any will appear as Attorney to the said Debtor and put in Bail to answer the Action and pay the Condemnation that then and in all such Cases the Attachment on the said Money Goods Chattels or Debts shall be dissolved and Proceedings had according to the Custom of the Common Law but if the Possessor or Owner of such Money Goods Chattels or Debts be they Attorney Wife Servant or other person as aforesaid shall after Attachment so laid on them in the respective hands dispose of the said Money Goods Chattels or Debts towards the payment of any other Debts before the said Debt for which the Attachment was laid be satisfied or the said Attachment be dissolved that then and in all such Cases the said Party for such their Default shall be liable to make satisfaction to the Plaintiff out of their own proper Estates And be it further Enacted and Ordained by the Authority aforesaid That in all Debts not exceeding Forty Shillings upon Complaint made to any Justice of the Peace that the Debtor against whom he complaineth is gone off this Island or otherwise absented himself that then it shall and may be lawful for the said Justice of the Peace to issue out a Warrant of Attachment to be levied by the Constable in manner and form as is before prescribed to the Provost-Marshal for the Execution of the Writ and to be immediately determined by the said Justice any Clause in this Act or any other to the contrary notwithstanding And be it further Enacted and Ordained by the Authority aforesaid That all Summons and other Process hereafter mentioned shall be served and executed in manner and form as is herein directed and in no other manner or way whatsoever that is to say That all Summons as well from the Supreme Court as all other the Inferiour Courts within this Island Port-Royal only excepted shall be delivered to the Party or left at their respective Dwellings fourteen days before the several Courts by a sworn Marshal and that at Port-Royal all Summons shall be delivered ten days before the Courts otherwise it shall be deemed and taken as no Service and the Defendant not bound by it to appear and that all Replevins Foreign Attachments at the Supreme Court and Warrants of Arrest be served at any time as heretofore and that no Execution shall be taken out served or executed until Twenty Eight Days be fully expired after Judgment except at Port-Royal where Execution shall issue Ten Days after Judgment obtained and that no Negroes Horses or any manner of Utensils belonging to a Plantation Brick or Pot-work nor any other Negroes whatsoever from and after the making hereof shall be taken in Execution where the Party against whom the Execution is obtained shall offer Goods for satisfaction of the Debt and Costs of Suit And it is further Enacted That the said Defendant who hath his Goods taken upon Execution shall have free liberty to convey and carry off the Goods so taken at his own proper Costs and Charges to the next and most convenient place and Market for disposal of the said Goods and there shall have free power and liberty to make Contracts bargain for and sell the Goods so taken in Execution the Defendant first acquainting the Marshal who levied the Execution upon the Goods with such Bargain or Contract to the end the Marshal may deliver the same and receive the Produce thereof according to his Precept And it is further Enacted by the Authority aforesaid That if the Defendant after his Goods shall be so taken in Execution as aforesaid shall delay or neglect selling or disposing of the Goods until ten days before the next ensuing Court that then and in all such Cases it shall and may be lawful for the Marshal to take the said Goods and Chattels of the Defendant and the same to sell by publick Outcry And it is further Enacted by tho Authority aforesaid That where no such Goods as aforesaid shall be shewn and offered to the Provost-Marshal so that the Negroes Working-Cattel or necessary Utensils must be taken in Execution that then and in all such Cases the said Negroes Horses or Utensils shall not be removed but remain still in the Defendants possession and that
a Supplement of all Matters relating to Sheriffs since Mr. Dalton's time Formulaebene Placitandi A Book of Entries containing variety of choice Presidents of Counts Declarations Informations Pleas in Bar and Abatement Continuances Replications Rejoynders Issues Verdicts Judgments after Verdict Utlawries Recoveries and Avowrics and other Pleadings in real personal and mixt Actions of general use to all Students in the Law the 2 d Edition corrected and amended By William Brown a Clerk in the Court of Common Pleas in two Parts in fol. Mr. Thompson's Book of Entries in sol Law Quarto The Grand Abridgment of the Common and Statute-Law of England Alphabetically digested under proper Heads and Titles very useful and beneficial for all persons whatsoever that desire to have any knowledge in the said Laws in four Parts By William Sheppard Esq Doctrina Platitandi or the Art of good Pleading shewing where and in what cases and by what persons Pleas as well real as personal or mixt may be properly pleaded By S. E. Serjeant at Law The Compleat Clerk containing the best forms of all sorts of Conveyances and Assurances and other Instruments now in use and practice and forms for Bills and Answers in Chancery c. with the names of Men and Women in Latin also Trades and Occupations Counties Bishopricks c. Placita Latinè Rediviva A Book of Entries containing approved Presidents of Counts Declarations Bars Replications c. as well real as personal The Reports of the learned and judicious Clerk J. Gouldsborough Esq in the time of Queen Elizabeth A Treatise of Wills and Testaments fit to be understood by all men that they may know whether whereof and how to make them By H. Swineborne Judge of the Prerogative Court at York The fourth Edition very much enlarged Law Octavo An Abridgment of the Statutes in force and use from Magna Charta till this present year 1682. By Edmond Wingats of Gray's-Inn Esq Fetzherbert's Natura Brevium corrected and amended printed 1676. The Terms of the Law with large Additions The Compleat Justice being a compendious and exact Collection out of all such Statutes and Authors as may any ways concern the Office of a Justice of Peace very much enlarged and carefully brought down to the year 1681. with a proper Charge to be given at the Quarter Sessions By R. Chamberlain of Gray's-Inn Esq Fragmenta Autiquitatis Ancient Tenures of England and Jocular Customs of some Mannors made publick for the Diversion of some and Instruction of others By T. Blunt of the Inuer-Temple Esq The Compleat Attorney and Guide for Solicitors in the Courts of Chancery Kings-Bench Common-Plea and Exchequer with the manner of their Proceedings in any Action real personal or mixt from the Original to the Execution with the Fees of the Officers in those Courts to which is added the Practice of the Court in London and Ecclesiastical Courts The Office of Coroners and Sheriffs together with an casie and plain Method for the keeping of Court-Leets Court-Barons and Hundred-Courts By J. Wilkinson of Bernards-Inn Law or a Discourse thereof in four Books By Sir Henry Finch Kt. in English De Laudibus Legum Angliae By Sir John Forteseue Lord Chancellor to King Henry the Sixth Whereunto is added the two Sums of Sir Ralph de Hengham commonly called Hengham magna and Hengbam parva with Notes on both By the famous Antiquary John Selden Esq Tractatus de Legibus Consuctudinibus Regni Anghae tempore Regis Henrii secundi Compositus Authore Randulpho d' Glanvilla History c. in Fol. 1. The History of Q. Elizabeth By W. Camden King at Arms the third Edition with a new Table 2. The History of the Grecian War By Thucidides Translated out of the Original Greek by Thomas Hobbs of Malmsbury 3. Dugdale's Monasticon Auglicanum In three Volumes with Tables 4. Origines Judiciales 5. The History of the Life Reign and Death of Edward the Second King of England and Lord of Ireland 6. Machiavel's Works compleat with his Letter in vindication of his Writings 7. Dugdale's History of the Baronage of England In two Parts 8. The Historical Tracts of the Reverend Peter Heylyn D. D. with an Account of the Life of the Author never before published and an Exact Table to the whole 9. The Works of Mr. Abraham Cowley the Ict. and 2 d Parts 10. The Whole Body of Ancient and Modern Architecture By John Evelyn Esq Adorned with 51 Copper Plates Where also are Sold all sorts of Law-Books and most sorts of English-Books FINIS
60 is obliged in 6 weeks after arrival with intent to settle there to list himself in what Company of Foot or Troop of Horse he pleases but haing listed himself he is not to remove at his pleasure except he goes to dwell in some other part of the Country and then he must list himself in that Regiment where he goes to reside Of this Militia it being no otherwise the Governour is Captain General who is impower'd by his Commission to make under him Colonels Captains and all other Officers which Train and Discipline their respective Souldiers and take care that they keep good Arms well fixt and sufficient stores of Ammunition always by them that so they may be ready on any occasion The Town of Port Royal has in it one intire Regiment of this Militia consisting of 10 Companies one of which Companies mounts the Guard successively every night and keeps Watch in the several Forts in as good order as is used in any regular Garrison that is in pay For the tryal of Titles of Land decision of controversies and recovery of debts there are several Courts established the methods whereof will here follow written by an ingenious Gentleman who has been a long Practitioner in the Courts and Laws of that Country as well as in the Laws of England THE PREFACE HIS Majesty having been graciously pleased with the advice of the Lords of the Privy Council appointed a Committee for Trade and Plantations to give His Royal Assent to several Acts made by the Governour Council and Assembly of Jamaica it was thought fit to Publish the same as well for the benefit of its Inhabitants as all others His Majesties Subjects who may Trade or be any ways concern'd there but for prevention of Mistakes lest strangers to Jamaica might think these few Acts were all the Laws and Privileges of that Island which might lessen it in their esteem and discourage some from adventuring themselves or their fortunes thither I was desired by some Persons of Quality to give a more particular account thereof in observance of whose commands and respect I bear the place I promised my endeavours but must be very brief for that the Book is in the Press ready to come forth wherein I may be the more excusable since a Gentleman who has lived long in and very well knows that flourishing Country hath here already given so good a description of the Island which as he saith was taken from the Spaniards in the Year 1655 and I may add in the 7th year of his now Majesties Reign who when he came to exercise His Royal Authority was pleased to own what his Subjects had done which was the same as if he had Commissionated them and among other his glorious Titles descended to stile himself Lord of Jamaica by whose special grace and favour we have hitherto all the Laws and Priviledges of English Men exercised and continued amongst us there These Acts now Printed being only By-Laws for better Government of the Plantation which in some case requires different Regulations from the Kingdom of England as some Counties for Stanneries Fens c. do here and for raising such necessary customs as may defray the Publick charge of that Country for all Judges and Justices in Jamaica determine all Pleas there according to the Laws of England pursuant whereunto that Island hath been Govern'd except some little Variations for ease and benefit of a new settlement as our proceedings being all in English our pleading general Issues and giving special matters in evidence our suits being more concise and far less chargeable than in England the Practice of our Courts there much more plain and intelligible To begin with his Majesties Supream Court of Judicature so called which hath the same Jurisdiction with the Kings-Bench Common-Pleas and Exchequer at Westminster and is held 4 times in the year as the Terms in England viz. every last Tuesday in February May August and November which continue each time about a Week and therein are first determin'd all Pleas of the Crown then follow Common-Pleas c. The Judges of that Court being Commission'd by his Majesty or his Governours are always 5 or 7 whereof not less than 3 can try any cause and they consist of the most considerable Gentlemen of the Island both for Parts and Estates and usually the Chief Justice is one of the best Quality who hath practised and is well read in the Laws of England tho few of them are so learned as the Judges here yet they are Men of the greatest sense and reason whereon all Law is or should be grounded This Court is not Burthen'd with many Officers for one called the Clerk of the Grand Court is Prothonotary Custos brevium c. Nor do we trouble our selves with many sorts of Writs as Originals Capias Alias or Pluries very rarely or never arresting any Person of known residence only send him a Summons to appear next Court and that he may come provided a Copy of the Declaration is always left with the Summons which being served 8 days at least before the Court the Defendant is bound to appear plead joyn issue and come to Tryal the very next Court or Judgment will pass by default no Imparlance being allowed without special cause as on oath that he hath material Witnesses and hath endeavoured but cannot Subpoena them In Tryals we have not several Venire's nor a particular Jury for every cause unless in some special matter of great import but by a general Venire the Marshal prepares enough for four or five setts of Jurors not knowing what issues they are to Try which prevents packing or partial returns who are impannel'd in Court and put upon the Crown side or Common Pleas in such causes as the Judges extempore direct And the same Jury usually Tries Six or more at a time as the Court thinks their Memory may well bear for help whereof some of them take Notes also they are permitted to take with them the Record it self with all Papers or Deeds proved in Court most of our actions there being plain matters of Debt or Accompt and some few Ejectments Writs of Dower Partition c. The Jurors indorse their Verdict on each Record which is deliver'd in Court to the Clark who of course enters Judgment unless it be arrested which every one may move the last day of the Court but is rarely granted without very special cause presently made appear but if such motions are ever favoured it is in excessive damages on action of Slander or frivolous Trespasses which are usually discountenanced we are not intreagu'd with dilatory Writs of Inquiry but when any judgment is confess'd or passeth by nil dicit in case c. the next Jury happening to be trying issues in Court take the Record and Assess Damages presently And for ease of those who live by their labour to prevent unnecessary attendance and expences all Actions depending that Court or Term are called and
Most Excellent MAJESTY Lord Keeper Lord President Lord Privy Seal Duke of Ormond Duke of Beaufort Earl of Oxford Earl of Chesterfield Earl of Sunderland Earl of Clarendon Earl of Bath Earl of Craven Earl of Ailesbury Earl of Conway Earl of Nottingham Earl of Rochester Lord Bishop of London Mr. Secretary Jenkins Mr. Chancellor of the Exchequer Lord Chief Justice Pemberton Mr. Godolphin WHereas by the Powers given unto Charles Earl of Carlile late Governour in Chief of the Island of Jamaica and in his Absence to the Commander in Chief thereof for the time then being Dated the Third day of November in the 32 d Year of His Majesties Reign as also by a Commission unto Sir Thomas Lynch Knight now Governour in Chief of the said Island bearing Date the Sixth Day of August 1681. His Majesty has been Graciously Pleased to Authorize and Impower the Governour Council and Assembly of the said Island to Constitute and Ordain Laws which are to continue and be in force untill His Majesties Pleasure be signified to the contrary And forasmuch as certain Laws have in pursuance of the said Powers and Commissions been transmitted unto His Majesty with the Humble Desire of the said Council and Assembly that His Majesty would be Pleased to pass the same in the Words following An ACT Appointing the Number of the Assembly BE it Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same that in every Assembly hereafter to be called by His Majesties Writs and held within this Island there be Chosen Three Representatives for the Parish of St. Catharines the like number for the Parish of Port Royal and Two for each other of the respective Parishes that now are or hereafter shall be in this Island and that the Provost Marshal or his Lawful Deputy give to every Person Elected within ten Days after his Election notice that he is so Elected Provided always that every Person Elected shall be a Free-holder in this Island and that none have Right to Vote in any Election but those that are Free-holders in the same Parish Where the Election is to be made An ACT For Regulating Servants 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 and every Master or Masters of Slaves for the first five Working Slaves shall be Obliged to keep one White Man Servant Over-seer or Hired Man for Three Months at least and if the Number increase to Ten Two and for every Ten after the first One to be Resident in the Plantation where the Negroes are employed and if any shall be wanting for the space of six Months of the proportion aforesaid he she or they for every Servant so wanting shall forfeit five pounds to the Use of the Parish where such Default shall be made to be Recovered by the Church-Wardens by Action of Debt in any Court of Record in this Island And it is further Enacted and Ordained by the Authority aforesaid That all Masters Mistresses or Over-seers of Slaves who shall not truly inform the Constable or Constables within their several Precincts when thereunto required of all such Hired Men or Servants and Working Slaves as shall justly and truly belong unto them or under their Care shall forfeit the Sum of Twenty pounds to be Recovered by Bill Plaint or Information in any Court of Record within this Island where no Essoign Protection or Wager of Law shall be allowed one Third of which Penalty 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 of the Parish where the Offence shall be Committed for the Use of the said Parish and the other Third to the Informer or he that shall sue for the same And whatever Constable or Constables shall neglect his or their Duty herein by not demanding an Account every Six Months and returning the same unto the Justices sitting at the next quarter-Quarter-Sessions of that Precinct which they are hereby required to do shall for every such Default forfeit the like Sum of Twenty pounds to be Recovered and applyed in manner and form aforesaid That all Servants shall have according to their Contract and Indenture and where there is no Contract or Indenture Servants under Eighteen Years of Age at their Arrival in this Island shall serve Seven Years and above Eighteen Years of Age shall Serve Four Years and all Convicted Felons for the time of their Banishment and at the expiration of the Times aforesaid shall receive from their last Master Mistress or Employer Forty shillings and a Certificate of their Freedom upon Demand and whosoever shall refuse without just Cause to give such Certificate to Servant Artificer or Labourer whose Time is expired or Contract performed shall forfeit forty shillings for every such Refusal And whosoever shall Employ any Free Person without a Certificate from the the last Employer of the Performance of his or their last Bargain or Contract shall forfeit Ten pounds That no Person or Persons presume to Trade with any Servant or Slave without the Master or Mistresses Consent on Penalty of forfeiting to the Master or Mistress of such Servant or Slave treble the value of the things Traded for bought or Sold and also Ten pounds Currant Money of this Island to be recovered by such Master or Mistress by Action of Debt in any Court of Record And all Contracts made with Servants or Slaves to be utterly void That if any Servant or Hired Labourer shall lay violent Hands upon his or her Employer Over-seer or other Person put in Authority over him or her such Servant or Labourer shall for such Offence Serve his or her Employer without any Wages twelve Months by Order of any Justice of the Peace on Conviction That by the like Order and Conviction any Over-seer or Artificer Hired Labourer or Servant that shall embezle purloin make away or waste any of his or her Employers Money Goods or Chattels not exceeding the value of forty shillings shall serve or make Satisfaction according to the Discretion of any one of His Majesties Justices of the Peace and if above the value of forty shillings to serve two Years by the like Order without any Wages and be further liable in case that Time will not satisfie and if any such Person as aforesaid shall embezle purloin or make away any Money Goods or Chattels of any others than their Masters Mistresses or Employers they shall incur the same Penalty and Serve the Party injured as aforesaid after their Time expired with their Masters or Mistresses And be it further Enacted by Authority aforesaid That if any Freeman of this Island shall at any time hereafter beget a Woman-Servant with Child he shall upon due Proof thereof made which Proof shall be by the Oath of the
decayd Vessels or Wreeks sink in the Harbour by neglect of the Owner or Owners Possessor or Possessors of the same and not removed within one Month after the sinking thereof the said Owner or Owners Possessor or Possessors of the same shall forfeit Twenty Pounds for every Month such Vessel shall so lye Provided also that the several Fines Forfeitures and Penalties before mentioned in this Act and not declared where they shall be recovered and how disposed of be one third to our Soveraign Lord the King his Heirs Successors for and towards the support of the Government of this Island Contingent Charges thereof one third to the Church-Wardens for the use of the Respective Parishes and one third to the Informer to be recovered by Action of Debt in any Court of Record within this Island where no Essoins Protection or Wager of Law shall be allowed any Law Custom or Usage to the contrary notwithstanding And forasmuch as great and diverse complaints are daily made by Masters and Commanders of Ships and Vessels Trading to this Island that upon their Ships or other Vessels coming into any Harbour of the same the Seamen belonging to the said Ships or Vessels do run on Shore insomuch that they have not left on Board a sufficient Number of men to watch the said Ships or Vessels Be it therefore Enacted and Ordained by the Authority aforesaid That all and every Person or Persons that shall receive or entertain any Seaman or Seamen belonging to any Trading Ships or Vessels Riding in any Harbour of this Island after the Ships Bell Ringing to set Watch at eight of the Clock at night every such Person or Persons receiving or Entertaining of every such Seaman as aforesaid shall forfeit for the Entertainment of every such Seaman the Sum of Forty Shillings one half to the Poor of the Parish where the Offence is or shall be committed and the other half to the Master or Commander that shall Prosecute for the same to be recovered by a Warrant from a Justice of the Peace as in cases of Debt not exceeding Forty Shillings An ACT For the Maintenance of Ministers and the Poor and Erecting and repayring of Churches For raising a convenient maintenance for the Ministers and Poor and Erecting and repairing of Churches within this Island Be it Enacted by the Governour Councel and Assembly and it is hereby Enacted by the Authority of the same That the respective Justices of every Parish within this Island or any two of them shall every Year Issue out their Warrants to the Constables and Tything-men to Summons the Freeholders of that Parish together on the Second Tuesday in January for the Choosing of Ten Vestry-men and two Church-Wardens such as shall conform to the Church of England and if they shall neglect to Issue their Warrant so as the Election be not made that day they shall respectively forfeit five pounds Currant mony of this Island and in Case the said freeholders duly Summoned as aforesaid shall not appear or appearing do not Choose the said Ten Vestry-men and two Church-Wardens that then in their Default the said Justices shall within ten days after the said second Tuesday in January or any day after as to them shall seem convenient lay a reasonable Tax on the said Parish for the maintenance of the Minister and Poor and for Erecting convenient Churches and repairing such as are already made and making convenient seats in them and if the said Justices and Vestry-men shall neglect their duty herein they shall respectively forfeit five Pounds Currant mony of this Island And Be it further Enacted and Ordained by the Authority aforesaid That such of the Justices Vestrymen that shall not be present at the time ted to make the said Taxes and thereof be convicted by a Certificate under the hands of such as do appear and have no sufficient excuse for the same shall Respectively forfeit five Pounds Currant Mony of this Island and a Roll of the said Tax so made shall be delivered into the hands of the respective Constables of the said Purishes with a Warrant under the same signed by any two Justices of the Peace impowering him or them to Levy the said Tax and upon refusal to distrain and sell by Publick Outcry and pay the same into the hands of the Church-Wardens retaining to himself Twelvepence per Pound for Levying thereof and if any Person shall refuse to Pay what he is so Assessed and the said Constables Distrain for the same all his Charges shall be paid him with such further allowance for his pains as the said Justices or any one of them shall judge reasonable and if the said Justice or Justices shall neglect to Issue the said Warrant he or they shall respectively forfeit five Pounds Currant Mony of this Island and if the said Constables or any of them fail of their duty herein they shall respectively forfeit five Pounds Currant Mony of this Island and the Church-Wardens so Chosen shall undertake the said Office and receive and keep a good account of the Monies or goods Levyed by Vertue of this Act and the same Issue by Order from the said Iustices and Vestry-men of the Parishes for the purposes and intents aforesaid and the Church-Wardens shall as often as thereunto required yield and give a just and true account unto the Justices and Vestry-men of all their Receits and Disbursements and in case the said Church-Wardens or any of them shall neglect their Duty herein they shall respectively forfeit five Pounds Currant Mony of this Island for every refusal And be it further Enacted and Ordained by the Authority aforesaid That the respective Justices of the Parishes of St. Dorothy and St. Thomas in the Vale or any two of them shall every Year Issue out their Warrants to the Constables and Tything-men to Summons in the Freeholders of the said Parishes the Second Tuesday in February for the Choosing of ten Vestry-men and two Church-Wardens as aforesaid and that the said Justices and Vestry-men or the Major part of them are hereby impowered to lay on the Parishioners a reasonable Tax over and above the rate imposed on them by Vertue of this Act by the Justices and Vestry-men of the Parish of St. Catharines Provided it exceed not one Hundred Pounds Currant Mony of this Island for and towards the Building and Erecting Churches and making convenient Seats in them in their respective Parishes and to no other uses whatsoever and that whatsoever Rate or Rates hath been already assessed by the Justices and Vestry-men of the Parish of St. Dorothy's upon their Parishioners or any other Person or Persons having Land Goods or Stock within the said Parish is hereby Ratified Confirmed and Declared Lawful any Clause in this Act seeming to the contrary notwithstanding a Roll of any Taxes so made shall be delivered into the hands of the respective Constables of each Parish with a Warrant under the same signed by any two of the Justices
Fine or Corporeal Punishment as by a Regimental Court Marshal shall be thought fit Provided further that the Governours Assent to the passing of this or any other Act shall not extend or be Construed to extend to the determining of this present Sessions of the Assembly An ACT Ascertaining the Quit-Rents and manner of Receipt thereof BE it Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same That a Patent Sealed under the Great Seal of this Island and Recorded in the Office of Inrolments Established in this Island shall Evidence the Patentee or Patentees just Right and Title to all and every parcel of Lands House or Houses Tenements or other things in the said Patent granted and be a good Bar to the Right and Title of His Majesty his Heirs and Successors And to the End His Majesties Grants may not be hindred delayed or obstructed the Keeper of the Seal or Chancellor for the time being shall and is hereby obliged the next Tuesday before each Grand Court to cause all such Grants and Patents as are in the Office to be Sealed at St. Jago de la Vega and all Inferiour Officers who are concerned in drawing and passing the same are then and there likewise to be ready to do their Duty And forasmuch as all Titles of Land are derived from His Majesty and the Land hath been laid out and Patents made by His Majesties Officers in which many Errors or Mistakes may have happened which according to the strict Rules of Law might make many Grants void in all or in part Be it therefore Enacted by the Authority aforesaid That all Lands granted or hereafter to be granted by His Majesty his Heirs or Successors upon Surveys made or to be made be for ever good to the Patentee and to those to whom the Right of the Patentee shall come for all Lands comprized within the Survey or Bounds any Misnomer Misbounding or Mistaking of Quantity or other Error notwithstanding against His Majesty his Heirs and Successors or any other Person or Persons claiming under him or them for ever and that all such Grants shall be taken as strongly against His Majesty his Heirs and Successors as the Grants of any other Person or Persons should or ought to be taken against him or them or his or their Heirs or Assigns Provided nevertheless and be it further Enacted by the Authority aforesaid That where either His Majesty or the Patentee are aggrieved by Mistake in Quantity a re-survey shall be made by one Surveyor indifferently Sworn between the King and Patentee or who claimeth in his Right before any of His Majesties Justices of the Peace upon which re-survey a Confirmation of the former Grant shall issue under the Seal of this Island reciting the Error and reserving for the future the same Rent mentioned in the said Grant according to the just Quantity found by such re-survey for which Confirmation the Chancellor shall receive Ten shillings and the Clerk of the Patents Eight shillings and no more to be paid as all other Charges of the said re-survey by the Party requiring the same but no Retrospect shall be had to what Rent ought to have been paid be the Quantity more or less any thing in this Act contained to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That if any Dispute shall ever arise upon any Survey wherein the Survey or Plot given into the Patent-Office shall vary from the real Run and marked Lines in all such Disputes the Judges before whom the same shall happen shall adjudge the real Run and marked Lines which are proved before them to be Run and Marked to be the bounds of the Lands granted any Law Custom or Usage to the contrary notwithstanding And Whereas there have been uncertainties and Disputes in the payment of His Majesties Quit-Rents reserved in the Patents formerly granted by reason of the words Manured and Planted and whereas his said Majesty hath been and now is Graciously pleased that whatsoever shall arise from the Quit-Rents shall be applyed towards the Support of the Government and defraying the Contingent Charges of this Island in Consideration whereof and to ascertain the same Be it Enacted and Ordained by the Authority aforesaid That every Parcel or Parcels of Land of what Nature and Quality soever granted and Patented before the Twenty fifth Day of June One Thousand Six Hundred Seventy and One shall for Arrears and growing Rents pay for every Thirty Acres Annually the Sum of one shilling and so proportionably for every Parcel under one hundred Acres and for every hundred Acres two shillings six pence and proportionably for a greater Quantity and for all Lands of what Quality soever from the aforesaid time to the Twelfth Day of March One Thousand Six Hundred Seventy and Four shall pay one half peny per Acre and so proportionably for a greater quantity and for Foot-Land one half peny per Foot for two sides of the Square added together and so proportionably for a greater or lesser quantity as a certain established Quit-Rent and Acknowledgment to His Majesty his Heirs and Successors for ever any Law Custom or Usage or any thing contained in the said Patents to the contrary notwithstanding And for the more speedy and easie Collecting of the said Quit-Rents Be it further Enacted by the Authority aforesaid That the Receiver of the Quit-Rents or his Lawful Deputy shall twice every Year to say after each Feast of St. Michael the Arch-Angel and of the Annunciation of the Blessed Virgin Mary keep an Office in the Town of St. Jago de la Vega in the Parish of St. Catharines and in the Town of Port Royal during the space of one Month at each place and then and there to Receive the Quit-Rents from the Persons concerned which said Office he shall attend from the Hours of Eight to Eleven before Noon and from the Hours of Two to Five in the Afternoon and upon Receipt of His Majesties Quit-Rents thereof to Acquit and Discharge all Persons on the Penalty of Five pounds Sterling which said Penalty shall be the one half to His Majesty his Heirs and Successors for and towards the Support of the Government of this Island and Contingent Charges thereof and the other half to the Informer to be Recovered in any Court of Record within this Island wherein no Wager of Law Essoign Protection or Injunction shall be allowed An ACT For preventing Damages in Plantations Preserving of Cattle and Regulating Hunting BE it Enacted by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same That all Plantations bounding in Savanna's High-ways Watering-places and all Pastures made out of Wood-land shall make sufficient Fences which sufficient Fences shall be judged by Oath of Three Free-holders before any one of His Majesties Justices of the Peace which said Free-holders shall be Chosen one by the