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Year of His Majesty's Reign that now is and all and every Clause and Clauses therein contained be and are hereby repealed to all intents and purposes whatsoever And it is hereby Enacted and Declared by the Authority aforesaid That this present Act remain and continue in force for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
the whole exceed not Forty shillings which said Gaoler is hereby impowered and commanded to receive such Run-away or Run-aways and to pay unto the bringer Eight pence per Mile as aforesaid for every such Run-away so brought to him on Penalty of Forty shillings and that it shall and may be Lawful for the Marshal to detain and keep in Custody the Bodies of all such Run-aways so brought unto him until the Master or Mistress of them or their Assigns shall pay unto him the full Sum of what he hath so paid for them with Two shillings six pence per pound for laying out the Money and so proportionably and also six pence for every Twenty four Hours the said Run-away hath been in his Custody and if the said Marshall shall suffer any Run-away so brought to him to escape before he be duly delivered to his Master or Mistress or his or her Assigns that then the said Marshal shall pay unto the Master or Mistress of the said Run-away so much as he shall be Condemned in by the Verdict of a Jury at Common Law also any one may take up any suspected Persons and carry him or her to any Justice to be Examined That the Captain or any other Commission-Officer shall at the Head of every their respective Company and Troop Publish or cause to be Published this present Act once every Twelve Months under the Penalty of Five pounds Provided also That the several Fines Forfeitures and Penalties before mentioned in this Act and not declared where they shall be Recovered and how Disposed of be one Moyety to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and Contingent Charges thereof the other to the Informer to be Recovered by Action of Debt if not exceeding Forty shillings as all Penalties of Service before any Justice of the Peace and if above Forty shillings and not for Service in any Court of Record within this Island wherein no Essoign Protection or Wager of Law shall be allowed any Law Custom or Usage to the contrary in any wise notwithstanding And be it further provided That no Person or Persons shall be sued molested or troubled for any Fine or Forfeiture against this present Act unless the Party so Offending shall be sued or impleaded for the same within two Years at the most after the said Offence shall be committed An ACT For the High-Ways FOR the better amending and keeping clear the Common High-ways and known broad Paths within this Island leading to Church and Market and for laying out New High-ways and turning Old High-ways where it shall be needful be it Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same that the Vestry of each Parish or the Major part of them shall on every third Monday in January before Noon at their Parish Church or other Convenient place choose four or more Freeholders each seized of at least Thirty Acres Free-hold in Right of himself or Wife to be Surveyors for the Year ensuing if the Vestry neglects each Person absent or negligent shall forfeit forty shillings and the Justices at their next Sessions being informed thereof shall appoint four or more such Surveyors as aforesaid every Person so Chosen or Appointed shall within Ten Days due Notice being given him by the Clerk of the Vestry procure himself to be Sworn before some Justice in the said Parish Diligently and Faithfully to perform the said Office for the Year ensuing and give a just Account to the Justices and Vestry if required of what he shall receive pay or do by virtue of his Office on Penalty of Ten pounds Sterling That the Surveyor being Sworn as aforesaid shall within sixteen Days after their having viewed and considered the High-ways and Bridges inform the Justices and Vestry of the Defects Wants and Alterations needful in the same to the end as they are hereby empowered the said Justices and Vestry may lay a Tax of such Money Labour or other things as to them shall seem convenient and necessary which if the Justices and Vestry shall not do before the last day of February in each Year then the said Surveyor shall make such Tax in Writing which being Confirmed by any two Justices in the said Parish shall stand good till some Complaint be made at the Quarter-Sessions in that Parish and the Justices then and there to confirm or alter the same without Appeal from thence That the High-ways be sixty foot wide in standing Wood forty foot where the Wood is onely on one side and twenty four foot in open Ground and that the Surveyors have Power to cut down dig up or remove as well all sorts of Trees Bushes Prickle Fences Rails Gates or Inclosures or other thing or things as may any ways straighten hurt hinder or incommode the High-ways as also to dig for Stone or Gravel Clay Marl Sand or Earth in any Land not Planted or Inclosed as Yard or Garden to a House or to Press any Cart Carriage Workman or other thing fit to be employed in the High-ways for such Reasonable satisfaction to the Parties concerned as such Surveyor can agree for and in case of Disagreement such as the next or any Justice in the Parish shall appoint Provided Nevertheless that where Gates are or shall be erected of at least Ten foot between Post and Post or the High-way streightned by Inclosure on both sides but the way so well kept by Causey-way or otherwise that two Carriages may meet and pass each other and the Ground as firm as is necessary then the said Surveyors shall forbear to pull down or remove such Gates or Fences any thing herein seeming to the contrary notwithstanding But if any Person shall again erect or cause any Nusance in the High-ways which was by the Surveyor removed for such Offence he or they shall forfeit five pounds And in Case where a New Path or Road is wanting or where Old Ways may with more Conveniency be turned or altered or where to some Plantation or Plantations no High-ways are yet laid out to lead them into the High Roads which go towards the Market or Church or to any convenient Harbour or Landing-place fitting for receiving a Shoar or Shipping off any Goods upon Notice thereof given to any Justice of the Peace he shall on request issue his Warrant to the next Constable in the said Parish to Summon a Jury to meet at some convenient place and Day therein to be mentioned to view and lay out or alter such Path or Roads which said Justice is hereby impowered to administer an Oath to the said Jury that according to the best of their Skills and Judgments and with most Conveniency to the Publick and least Prejudice or Damage to any particular Person they will lay out such Way which having done the Surveyor is to make Return thereof to the Justices at the next
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
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
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
other to the Informer who shall sue for the same in any Court of Record within this Island wherein no Essoign Protection Injunction or Wager of Law shall be allowed An ACT Impowering Justices of the Peace to decide Differences not exceeding Forty shillings WHereas many inconveniencies may arise unto the Inhabitants of this Island by being vexed and troubled with Suits at Law for small and trivial Injuries Debts and Trespasses wherein the accustomary Fees and Charges usually exceed the Original Debt and Damages for prevention whereof Be it Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same That all manner of Debts Trespasses and other Matters not exceeding the value of forty shillings wherein the Tithes of Lands are not concerned shall and may be heard adjudged and determined by any of His Majesties Justices of the Peace of this Island within their respective Precincts without Appeal which said Justices are hereby required upon Complaint made to grant a Warrant or Summons against the Person complained of thereby requiring him to appear and Answer the said Complaint and in case of Non-appearance to issue out a Warrant of Contempt directed to the Constable to bring the Contemner before him as well to Answer the said Contempt as the Plaintiffs Action and may if he see Cause fine the Contemner provided the said fine exceed not Ten shillings to be for the Use of the Parish where such Offence shall be committed and after Judgment given in either Case may grant a Warrant of Distress directed to the Constable to levy the said Fine Debt Damages and Charges upon the Defendants Goods and Chattels who by virtue thereof shall expose the same to Sale returning the Overplus if any be to the Defendant and for want of such Distress to take the Defendants Body into Custody and him carry and convey to the Common Gaol of the Precincts there to remain till he shall have satisfied the said Debt and Charges and it shall be Lawful for the Justice of Peace to receive for each Warrant One shilling and Three pence and no more and for the Constable for serving of each Warrant the like Sum together with six pence for each Mile he shall be compelled to Travel in Execution of the Premisses provided the whole exceed not five shillings and the Justice is hereby required to keep a Record of all such Proceedings under the Penalty of Ten shillings the one half to be for the Poor of the Parish and the other half to the Informer to be Recovered as aforesaid And whereas the Uncertainty of the Expiration of Laws heretofore made for the better Government of this His Majesties Island may hereafter create some Doubts and Disputes concerning the Validity of the several Judgments made and given by the several Judges and Justices of the Peace within this Island as also all the Proceedings of the Military Officers upon the same for prevention whereof Be if further Enacted and Ordained by the Authority aforesaid that all and every Judgment and Judgments made or given by any of the Judges or Justices of the Peace within this His Majesties Island upon or by vertue of any of the aforesaid Laws and all other Proceedings whatsoever and all and every Act or Acts thing or things done or acted thereupon are hereby Ratified Confirmed and Adjudged Valid and Lawful to all intents and purposes whatsoever and all and every Judge and Judges of the several Courts the several Justices of the Peace the Military Officers and all other Persons whatsoever within this His Majesties Island that have any ways Acted by or under the Authority of the aforesaid Laws or any of them are hereby for ever saved and kept harmless and indempnified against all manner of Persons whatsoever and if any Person shall be sued or any ways molested by reason thereof it shall be Lawful for him or them so sued or molested to plead the general Issue and give this Act in Evidence any Law Custom or Usage to the contrary in any wise notwithstanding An ACT Rating Liquors Sold by Retail BE it Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same that from and after Publication hereof all Vintners and Tavern-keepers or any other Person or Persons who do or shall Utter or Sell by way of Retail Madera Wines or Brandy and shall presume by any means directly or indirectly to take or receive above the Rates hereafter mentioned for the aforesaid Liquors viz. For Madera Wine sifteen pence the Quart and Brandy two shillings and six pence the Quart and so proportionably for a greater or lesser Quantity shall forfeit the Sum of forty shillings for every such Offence to be levyed by Warrant from any of His Majesties Justices of the Peace of the Precincts where the Fault is committed on the Goods and Chattels of any Person or Persons so Offending the one half of which Forfeiture shall be to the Church-Wardens for the Use of the Parish the other to the Informer any Law Custom or Usage to the contrary notwithstanding An ACT For Compensation of Mr. Nicholas Scarlet WHereas Nicholas Scarlet Gent. hath a long time lain under divers great and dangerous Wounds received in the Publick Service of this Island in pursuit of several Rebellious Negroes by reason of a Command from his Superiour Officers whereby he hath been a long time hindred from all manner of Employment to his great Suffering Damage and Charge as also to the loss of the Use of one of his Limbs as hath sufficiently been made appear to Us to the end therefore that all Persons of the like Quality and forwardness to serve the Countrey may for the future receive due Encouragement Be it therefore Enacted by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same that the said Nicholas Scarlet shall in Compensation of the said Loss and Damage have and receive out of His Majesties Publick Revenue a Yearly Salary of Ten pounds during his Residence in this Island which said Sum of Money is hereby appointed to be paid by the Receiver for the time being out of the Treasury when demanded upon Penalty of Twenty pounds the one half to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges thereof and the other half to the Party aggrieved to be Recovered in any Court of Record within this Island by Bill Plaint or Information where no Essoign Protection or Wager of Law shall be allowed An ACT For the Restraining and Punishing Privateers and Pirates WHereas nothing can more contribute to his Sacred Majesties Honour than that such Articles as are Concluded and Agreed on in all Treaties of Peace should by all His Majesties Subjects according to their Duty be most inviolably preserved and kept in and over all