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and it is hereby Enacted and Ordained by the Authority of the same Bounds thereof That the aforesaid Place commonly called and known by the Name of Kingston lying in the Parish of St. Andrews on the Harbour of Port-Royal bounded Southerly by the Harbour Westerly and Northerly by the Line of the Land of Sir William Beeston Knight and to continue from a Callabash his North-Easterly Corner Tree by a strait Line to the Foot of the Long Mountain Eighty Chain distant from the Sea and from thence towards Three Rivers at the same Distance from the Sea until it meets with the Bounds of the Parish of Port-Royal And also all that Part of the Harbour which lies to the North-Easterly and Easterly Part of the Middle Ground shall be and for ever hereafter be taken and esteemed to all Intents and Purposes an intire and distinct Parish separate from the said Parish of Sr. Andrews and be called and known by the Name of the Town and Parish of Kingston and Have Use Exercise and Enjoy all and every the Powers Authorities Benefits Priviledges Rights Immunities and Customs that all or any of the Parishes or Precincts within this Island have or ought to Have Use Exercise or Enjoy of Common Right or by Vertue of any General Act or Act of this Country as fully amply and effectually as if the same had then been a distinct and separate Parish or Precinct and therein by Name expresly mentioned and specified And particularly that there shall be chosen Three Representatives to Serve in every Assembly hereafter or after the first Prorogation of this present Assembly for the said Town and Parish of Kingston any Law Custom or Usage to the contrary in any wise notwithstanding AND be it further Enacted and Ordained by the Authority aforesaid That for the Ease of the Merchants and Trading People of the said Town of Kingston that there be Erected Established and Held in the said Town a Quarter-Sessions for the Conservation of the Peace and a Court of Common-Pleas Courts of Justice with the same Power and Authority that is or hath been lately Held or Exercised at Port-Royal which said Court shall be held the first time on the Second Thursday in October in this present Year One Thousand Six Hundred Ninety Three and afterwards Once every Two Months and the Sessions every Three Months any Thing in this Act to the contrary notwithstanding AND be it further Enacted and Ordained by the Authority aforesaid that the Receiver-General Secretary of this Island and Naval Officer for the time being do by Themselves or Deputies within One Month after the passing this Act keep or cause to be kept in the Town of Kingston aforesaid their several and respective Offices Publick Offices as they now do or heretofore have or ought to have done on Port-Royal on Penalty of Fifty Pounds each for every Month they or any of them shall Neglect or Refuse to do the same to be Recovered against them or any of them by Bill Plaint Information or otherwise in the Supreme Court of this Island the One Half to Their Majesties for and towards the Support of the Government of this Island and the contingent Charges thereof and the other Half to the Informer or him that shall Sue for the same wherein no Essoyn Injunction Protection Wager of Law or Nonvult ulterius prosequi shall be Allowed An ACT For the better Securing of Port Royal. Preamble WHEREAS the Town of Port-Royal is a Town of a very Considerable Trade and of great Strength to resist the Enemy in time of War by reason of Their Majesties Fortifications and a great number of Houses through the Mercy of God left standing thereon AND whereas by the late Dreadful Earthquake the Land on the Back-Sea-side is settled lower than it was by reason whereof the Sea hath more power to gain upon it and if not timely prevented by Wharfing to resist the Violence thereof may endanger the Houses that are standing on that Sea-side for prevention whereof BE it Enacted and Ordained by Their Majesties Lieutenant-Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same That it shall and may be lawful from and after the Twenty Fifth day of July in the Year of our Lord 1693. for the Justices and Vestry of the Parish of Port-Royal or the Major part of them to Assess Tax Mony for the Work and Levy such Sum or Sums of Mony upon all and every the Freeholders of the said Parish of Port-Royal as to them shall seem Meet and Convenient for and towards the Wharfing or otherwise Securing the Town of Port-Royal towards the Great-Sea-side abovementioned AND whereas after the Wharfs are made they may from time to time want Repairing Be it therefore further Enacted by the Authority aforesaid and it is hereby Enacted and Ordained by the Authority of the same that it shall and may be lawful for the Justices and Vestry of Port-Royal aforesaid or the Major part of them to Assess Tax For the Repairs and Levy yearly and every Year such Sum or Sums of Mony upon the Freeholders of the said Parish of Port-Royal at such times as to them shall seem requisite or necessary for Repairing and Maintaining the said Wharfs and that the Constable or Constables of the said Parish of Port-Royal shall gather in the abovesaid Monies so to be Levyed Assessed and Taxed as before mentioned and appointed by this present Act and pay the same into the Hands of the Church-Wardens of the said Parish of Port-Royal for the time being Deducting to him or themselves Four Pence in the Pound for Collecting the same And in Case any Constable or Constables shall neglect his or their Duty in Collecting Gathering or Paying in the Mony so Collected by Vertue of this Act he or they so neglecting his or their Duty therein shall Forfeit for every such Offence the Sum of Twenty Pounds AND in Case any Person or Persons shall refuse or delay to pay his or their Tax so to be Assessed Taxed and Levyed Case of Refusal as in this present Act is prescribed Be it further Enacted and Ordained by the Authority aforesaid that it shall and may be lawful to and for any two of Their Majesties Justices of the Peace of the Parish of Port-Royal aforesaid to Issue out their Warrant of Distress directed to any Constable of the said Parish to Levy the same upon the Goods or Chattels of him her or them so refusing or delaying to pay the same and Sell the same at Publick Outcry returning the Overplus if any be to the Owner AND to the Intent that the Mony which shall be Collected and Raised by virtue of this Act may be applyed to the use and purpose by this Act mentioned and directed Be it further Enacted and Ordained by the Authority aforesaid that the Church-Warden or Church-Wardens of the said Parish of Port-Royal for the time being shall
and are hereby required from time to time to pay the Mony arising by virtue of this Act to such Person or Persons and to such Uses as the Justices and Vestry Payment to whom or major part of them shall direct and appoint and that the Church-Wardens of the said Parish for the time being shall keep a distinct Accompt of the Mony by them and each of them received by virtue of this Act and likewise render a true and just Accompt thereof to the Justices and Vestry of the said Parish of Port-Royal when thereunto required and also pay the full Balance of the same unto the succeeding Church-Wardens or to whomsoever the said Justices and Vestry or major part of them shall direct and appoint under the Penalty of Fifty Pounds for every Offence committed contrary to their Duty in this Act enjoyned AND whereas several of the Freeholders of Port-Royal may be or are not Resident or Inhabitants on the said Place for the better Recovery of the said Tax to be Assessed as aforesaid Be it further Enacted and Ordained by the Authority aforesaid that in such Cases from Absent Freeholders and after the Twenty Fifth Day of July One Thousand Six Hundred Ninety Three an Action of Debt shall Lye in any Court of Record or before any Justice of the Peace as in other Debts for the Church-Wardens of the respective Parish of Port-Royal and their Successors to Recover against any of the said Persons Rated or Assessed by virtue of this Act or any of them or their Heirs Executors Administrators Assigns 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 Mony so Rated or Assessed as aforesaid AND be it further Enacted by the Authority aforesaid That if any Person or Persons being Seized Possessed or Interested of or in any Ground which was formerly builded upon and the Houses thereupon being now Destroyed Neglect of Rebuilding or pulled Down at the times or by the means of the late Dreadful Earthquake shall not within Three Years next Ensuing Build on the same that then the Judges of the Court of Common-Pleas of the said Parish for the time being or any one of them shall forthwith cause publick Proclamation to be made as well at or upon the said Ground as also in the Court-House of the said Parish thereby to give notice to all Persons that shall or may be therein Concerned to cause the same to be rebuilded within the space of Nine Months then next following and in Case the Owners thereof or other Person or Persons having Interest therein shall refuse or neglect to Rebuild the same within such time as aforesaid that then and in such Case the said Judges of the said Court or any one of them are hereby Authorized to Issue out their Warrants to the Provost Marshal for the time being requiring him to Impannel and return before them or any one of them a Jury of good and lawful Men of the said Parish which the said Provost Marshal is hereby Authorized and Required to do accordingly which Jury so Returned shall upon their Oaths to be Administred to them by the said Judges or one of them who are likewise hereby Authorized to Administer the same Enquire Estimate and Assess the true and just Value of such void Ground according to their Judgments and that from and after such Enquiry and Valuation thereof made as aforesaid by Inquest of the said Jury it shall and may be Lawful to and for the said Judge or Judges to make Sale of the Fee and Inheritance thereof by Conveyance under his or their Hands and Seals to any Person or Persons that will Purchase the same at such Price at which the same shall have been so as aforesaid Estimated and Valued by the said Jury and the Monies thereupon to be received of the Purchasers thereof shall forthwith be paid into the Hands of the Church-wardens of the said Parish for the time being and from thence to be issued out and Paid by the said Church-wardens for the time being unto such Person or Persons who shall have any Estate or Interest in to or out of the same according to his or their respective Estate or Estates Title or Interest which Sale so made and Enrolled in the Office of Enrolments of this Island Sale to be Enrolled shall be Final and Conclusive to all other Persons whatsoever and shall Bar them their Heirs and Assigns to Claim any Estate Right Title or Interest of in or out of the Grounds so Sold Precedent to the said Sale and the Purchaser or Purchasers thereof his and their Heirs and Assigns shall and may by virtue of this Act have hold and enjoy the same against all Persons Claiming any Estate Right Title or Interest in to or out of the same his her and their Heirs Executors Administrators and Assigns freed and discharged of and from Incumbrances in Estate Title Charge or otherwise Precedent to the said Sale Their Majesties Quit-Rents only excepted AND be it further Enacted and Ordained by the Authority aforesaid and it is hereby Enacted and Ordained by the Authority of the same That the Receiver General and Naval Officer of this Island shall by themselves or lawful Deputy Offices to be kept on Port-Royal keep their Offices on Port-Royal as at any time heretofore they have or ought to have done and that the Secretary of this Island shall from time to time by his lawful Deputy keep his Office at Port-Royal as at any time heretofore has now doth or ought to have done under the Penalty of Fifty Pounds for every Month the Receiver General Naval Officer or Secretary of this Island or any of them shall neglect or refuse to do the same AND be it further Enacted and Ordained by the Authority aforesaid That all and every the Fines and Forfeitures in this Act mentioned and contained Fines c. how disposed shall be one half to Their Majesties Their 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 Parish of Port-Royal for and towards the Wharfing Repairing and Maintaining the Wharfs so to be Made Repaired and Maintained as in this Act mentioned and to and for no other Use Intent or Purpose whatsoever to be recovered in any Court of Record within this Island by Action of Debt Bill Plaint or Information wherein no Essoin Injunction Protection Wager of Law or Nonvult ulterius prosequi shall be allowed any Law Custom or Usage to the contrary in any wise notwithstanding An ACT For Making and Clearing a Publick Road from St. Mary's and St. George's into the Parish of St. Andrew's