The Continuation of the LAWS OF JAMAICA Passed by the Assembly And Confirmed by His MAIESTY IN COUNCIL December 26th 1695. Being the Second Volume of the said LAWS LONDON Printed for Charles Harper at the Flower-de-Luce over-against St. Dunstan's-Church in Fleet-street and Samuel Crouch at the Corner of Pope's-Head-Alley over-against the Royal-Exchange in Cornhil MDCXCVIII INDEX AN Act for Establishing a perpetual Anniversary Fast on the Seventh of June Pag. 3 An Act for Raising Money for and towards the Defence of this Island Pag. 5 An Act to Encourage Sea-faring Men and other Their Majesties Subjects Pag. 20 An Act for making Kingston a Parish Pag. 26 An Act for the better Securing of Port-Royal Pag. 29 An Act for Making and Clearing a Publick Road from St. Mary's and St. George's into the Parish of St. Andrew's Pag. 35 An Act appointing the Prices of Meats and Regulating Markets Pag. 36 An Act for Reimbursing Their Majesties Treasury Pag. 40 An Act to Reimburse Their Majesties Treasury and Incourage Their Subjects to come and Settle in this Island Pag. 42 An Act for Raising Money to Solicit in England the Affairs of this Their Majesties Island Pag. 52 An Act for Guarding the Sea Coasts Pag. 59 An Act for Raising Money as a farther Aid to Their Majesties for and towards the Defence of this Their Island of Jamaica Pag. 63 An Act appropriating several Sums of Money heretofore Raised to the immediate Service of this Island Pag. 79 An Act for Appropriating several Sums of Money for the speedy Relief of the Wounded and Distressed Inhabitants of this Island who have suffered by the late Invasion of the French Pag. 84 An Act for the Encouragement and Freedom of Servants and Slaves which have done or shall do any remarkable Service against the French during this present War Pag. 88 An Act for Prevention of Indebted Persons from Departing this Island in the Time of Martial-Law Pag. 93 An Act to Enable George Ivey Esquire to Sell his Estate for the Payment of the Debts of his Father William Ivey Esquire Deceased Pag. 98 ADVERTISEMENT THE Laws of JAMAICA passed by the Assembly and confirmed by His Majesty in Council April 17. 1684. To which is added the State of JAMAICA as it was under the Government of Sir Thomas Lynch With a Large Map of the Island Printed for Charles Harper at the Flower-de-luce over-against St. Dunstan's Church in Fleet-street and are to be had of Capt. Thomas Hudson and Mr. Robert Cotes Merchants at Port-Royal AT THE COURT AT KENSINGTON The 26th Day of December 1695. PRESENT The King 's Most Excellent MAJESTY In COUNCIL Lord Keeper Lord Privy-Seal Duke of Norfolk Duke of Schonberge Duke of Shrewsbury Marq. of Winchester Lord Great Chamberlain Earl of Bridgwater Earl of Stamford Earl of Scarborough Earl of Romney Lord Godolphin Mr. Vice-Chamberlain Mr. Secret Trumbull Mr. Chancellor of the Exchequer L. Chief Justice Holt. Mr. Russell Mr. Boscawen Mr. Smith WHEREAS by Commission under the Great Seal of England to Sir William Beeston Knight His MAJESTY 's Lieutenant Governour and Commander in Chief of the Island of JAMAICA bearing Dated the Twentieth Day of September One Thousand Six Hundrerd Ninety Two in the Fourth Year of His MAJESTY 's Reign His MAJESTY has been Graciously pleased to Authorize and Impower the Governour Council and Assembly of the said Island to Constitute and Ordain Laws Statutes and Ordinances which are to Continue and be in Force till His MAJESTY 's Pleasure he signified to the contrary And forasmuch as certain Laws have in pursuance of the said Commission been transmitted to His MAJESTY with the Humble Desire of the Governour Council and Assembly that His MAJESTY would be Pleased to pass the same in the Words following An ACT For Establishing a perpetual Anniversary Fast on the Seventh of June FORASMUCH as it hath pleased Almighty GOD Preamble the Great Creator and Judge of Heaven and Earth on the Seventh Day of June One Thousand Six Hundred Ninety Two justly to punish the Inhabitants of this Island for their manifold Sins and Wickednesses committed against his Divine Majesty by a most terrible and dreadful Earthquake The Occasion of the Act the Earthquake which not only laid waste our Estates and Places of Habitations in general but also destroyed many Hundreds of People which tremendous Judgment was succeeded by a raging Sickness and Mortality that few or no Families Escaped Now that so signal a Visitation may be had in perpetual Remembrance and we and our Posterity may by humbling ourselves endeavour to appease God's imminent Wrath and prevent heavier Judgments We Your Majesties most Dutiful and Loyal Subjects Your Majesties Lieutenant-Governour Council and Assembly of this Your Island of Jamaica do most humbly beseech Your Most Sacred Majesties That it may be Enacted by Their Majesties Lieutenant-Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same that every Seventh Day of June unless it falls out to be on the Lord's Day and then the Day following shall be for ever hereafter set apart to be kept and observed by all the Inhabitants of this Island as an Anniversary Day of Fasting and Humiliation A Yearly Fast and that all and every the Inhabitants aforesaid shall upon the said Day Annually resort to some usual Place where Prayers and Preaching are used to be Ministred and there orderly and devoutly abide during the Celebration of Divine Service by Prayers Preaching Singing of Psalms c. And to the end that all Persons may be put in Mind of their Duty therein and be the better prepared to discharge the same with that Piety and Devotion as becomes them Be it further Enacted That every Minister shall give Notice to his Parishioners Notice to be given hereof by the Minister in the Church or other Publick Place of Divine Worship at Morning Prayer the Sunday next before every such Seventh Day of June for the Observation of the said Day and that he provide a Sermon suitable to that Occasion and that in such Parishes where there is no Minister this Act shall be published Annually in the Sessions next before the Seventh of June as aforesaid AND be it further Enacted and Ordained by the Authority aforesaid That no Person or Persons whatsoever neither by themselves Servants or Slaves shall do or cause to be done any manner of Work in his or their Trade Calling or Plantation And that no Shop Tavern Coffee or Punch-House be kept open on the said Day on Penalty of forfeiting Forty Shillings for every Person Penalty for Offenders by himself Servant or Slave so Offending as aforesaid to be Recovered before any of Their Majesties Justices of the Peace who are hereby Required and Empowered to award the same one Half of which Forfeiture shall be to the Church-Wardens for the use of the Parish and the other Half to the Informer or him that shall Sue for the same W. Bridgeman An
Evil disposed Persons to the Prejudice of Their Majesties Service and Injury to the Publick BE it Enacted by the Authority aforesaid That the Church-Wardens and Surveyors of the High-ways shall proceed to the Discharge of their several Duties and the Justices and the Vestries in the several and respective Parishes and Precincts within this Island as well when Martial-Law is in Force as at any other time are hereby Required and Impowered to Meet and Raise such Parochial Tax or Taxes as by the several Acts is Directed and Appointed and the several Constables Collect Levy and Distrain for the same accordingly and any Justice Church-Warden Vestry-man Surveyor or Constable neglecting his or their Duty he or they so Offending shall incur the Penalty in the Acts mentioned any Act Usage or Custom to the contrary notwithstanding AND be it further Enacted That this Act shall continue in Force during this present War with France 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 and pursuant to His Royal Pleasure thereupon Signified and Expressed all the said Laws as afore-mentioned are hereby Approved and Confirmed accordingly Will. Bridgeman AT THE COURT AT KENSINGTON The 26th Day of December 1695. PRESENT The King 's Most Excellent MAJESTY In COUNCIL Lord Keeper Lord Privy-Seal Duke of Norfolk Duke of Schonberge Duke of Shrewsbury Marq. of Winchester Lord Great Chamberlain Earl of Bridgwater Earl of Stamford Earl of Scarborough Earl of Romney Lord Godolphin Mr. Vice-Chamberlain Mr. Secret Trumbull Mr. Chancellor of the Exchequer L. Chief Justice Holt. Mr. Russell Mr. Boscawen Mr. Smith WHEREAS by Commission under the Great Seal of England to Sir William Beeston Knight His MAJESTY 's Lieutenant-Governour and Commander in Chief of the Island of JAMAICA bearing Date the Twentieth Day of September One Thousand Six Hundred Ninety Two in the Fourth Year of His MAJESTY 's Reign His MAJESTY has been Graciously pleased to Authorize and Impower the Governour Council and Assembly of the said Island to Constitute and Ordain Laws Statutes and Ordinances which are to Continue and be in Force till His MAJESTY 's Pleasure be signified to the contrary And forasmuch as a certain Law has in pursuance of the said Commission been transmitted to His MAJESTY with the Humble Desire of the Governour Council and Assembly That His MAJESTY would be Pleased to Pass the same in the Words following viz. An ACT To Enable George Ivey Esquire to Sell his Estate for the Payment of the Debts of his Father William Ivey Esquire Deceased WHEREAS William Ivey Esquire Preamble lately Deceased was Seized in his Demesnes as of Fee of and in several Plantations Lands Tenements and Hereditaments with the Appurtenances in the Parishes of Clarendon Vere and S. Katherines and elsewhere within this Island and of several Negroes and Stock thereunto belonging and appertaining All which said Plantations Lands Tenements and Hereditaments together with all and every the Negroes thereon being or thereunto belonging by his Last Will and Testament bearing Date the One and Twentieth Day of September One Thousand Six Hundred Eighty Nine he devised to George Ivey Esquire his Eldest Son and his Heirs and for want of Issue of him the said George to William Ivey Second Son of the said William the Testator and the Heirs of his Body with divers Remainders over and of his said Will made the said George his Eldest Son sole Executor who since has duly proved his said Father 's said Will. AND whereas the said William the Testator was at the time of his Decease indebted to the Royal African Company of England and to divers other Persons by Judgment Bonds and otherwise in the Summ of Two Thousand Pounds and upwards and forasmuch as the Personal Estate of the said William the Testator not including the said Negroes and Stock was so very inconsiderable that the said George Ivey by Reason of the Intail aforesaid without the Assistance of an Act of the Assembly has no way left of Paying his Fathers said Debts unless by the Sale of all the said Negroes and Stock left upon and belonging to the Lands and Plantations so Intailed which must inevitably Ruin and Destroy the said Plantations c. AND forasmuch as it is highly just and reasonable that no Act of the said William Ivey the Testator should prevent or hinder all or any part of his said Estate from being lyable and subject to the payment of his just Debts or debar the said George his eldest Son from disposing of and applying the same for the payment and discharge of the same and forasmuch as William Ivey Consent of the Second Son the second Son of William the Testator to whom the next remainder in Tail after the Death of George the Tenant now in Possession without Issue of his Body is limited has upon Consideration of the Sum of Four Hundred Pounds testified and declared his Consent to the Passing of this present Act BE it therefore Enacted by Their Majesties Lieutenant-Governour Council and Assembly and it is hereby Enacted by the Authority of the same that for the Payment of the Debts aforesaid it shall and may be lawful to and for the said George Ivey and he is hereby fully Authorized Impowered and Enabled to Sell Dispose of or Convey or by his last Will and Testament to Devise all or any part or parcel of the said Plantations Lands Tenements and other Hereditaments above-mentioned together with all and every the Negroes thereunto belonging or appertaining to any Person or Persons whatsoever in such manner and form and as amply and effectually to all Intents Constructions and Purposes as if the same had Descended to him the said George Ivey and he were thereof Seized and Possessed in Fee-Simple and no such Intail and Remainder or Remainders as aforesaid had ever been made limited or created and the Purchaser or Purchasers Devisee or Devisees of the same or any part or parcel thereof shall be deemed adjudged and taken to be Seized thereof and of every part and parcel thereof to them and their Heirs for ever as if the said George had suffered a Common Recovery in Their Majesties Court of Common-Pleas at Westminster of all or any part or parcel of the said Premises Purchaser c. secured to the Use or Uses of the Purchaser or Purchasers Devisee or Devisees and of their Heirs for ever and the said Purchaser or Purchasers Devisee or Devisees their Heirs or Assigns shall and may hold occupy and enjoy the same free from any Estates Uses Limitations Remainders Charges and Provisoes had made or created in and by the said last Will and Testament of the abovementioned William Ivey the Testator any Law Custom or Usage to the Contrary notwithstanding WHICH Law having upon the
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
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 and pursuant to His Royal Pleasure thereupon Signified and Expressed the said Law as afore-mentioned is hereby Approved and Confirmed accordingly Will. Bridgeman FINIS BOOKS Printed for and Sold by Charles Harper at the Flower-de-luce over-against St. Dunstan's Church in Fleet-street THE Life of our Blessed Lord and Saviour Jesus Christ An Heroic Poem Dedicated to Her most Sacred Majesty in Ten Books Attempted by Samuel Wesley M. 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