Selected quad for the lemma: land_n
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A46389
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The continuation of the laws of Jamaica passed by the Assembly, and confirmed by His Majesty in Council, December 26th, 1695 :being the second volume of the said laws.; Laws, etc.
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Jamaica.
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1698
(1698)
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Wing J123A; ESTC R42084
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65,159
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110
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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
better known who is a Negro in Rebellion It is hereby declared that all Negroes that have been absent from their Owner or Plantation the Term of Six Months be and are accounted as in actual Rebellion any thing to the Contrary notwithstanding AND be it Enacted by the Authority aforesaid that in Case any of the Officers Seamen or Soldiers on Board the said Sloops or in the said Parties shall in actual Service lose either Leg or Arm or be otherwise Disabled That then and in all such Cases Case of Maim all and every of the said Disabled Men shall receive Ten Pound per Annum without Charge during his or their Natural Lives And also their Cures to be Paid for out of the Publick Revenue of this Island by order of the Lieutenant-Governour and Council or of the Government of this Island out of the first Payment AND be it further Enacted by the Authority aforesaid that all Monies which shall Remain over and above Surplus not expended or be not Expended of the said Sum of Four Thousand Three Hundred Three Pounds Three Shillings and Nine Pence arising by vertue of this Act and not hereby applyed towards the defraying the Charges of the Sloops and Parties aforesaid shall be and remain in the hands of the said Treasurers or either of them by this Act appointed to be applyed and disposed of for and towards such other use or uses as the Assembly of this Island shall appoint by a Law And that the said Receiver or Receivers Treasurer or Treasurers be allowed all his or their or either of their reasonable Charges in and about the discharging the Trust hereby reposed in them Commission or pretences to Commission hereby excepted AND be it further Enacted by the Authority aforesaid that the Fines and Forfeitures mentioned in this Act and not declared where they shall be Recovered Fines c. how disposed or how Disposed of be one half to Their Majesties for and towards the Support of the Government of this Island and the contingent Charges thereof the other half to the Informer who shall Sue for the same in any Court of Record within this Island and where no Essoyne Protection Injunction Wager of Law or nonvult ulterius prosequi shall be allowed An ACT To Encourage Sea-faring Men and other Their MAJESTIES Subjects Preamble WHEREAS great Numbers of Persons as well Sea-faring Men as others by the ill Usage and Discouragement they have formerly met with have been driven from this Island and for Common Subsistence many of them have fallen under the Necessity of taking unlawful Courses and been forced ever since the present War with France to seek for Shelter in the Ports and Settlements belonging to the French King in the West-Indies and elsewhere and afterwards Compelled to enter into his Service AND whereas divers other Persons being Disabled by their Losses in the late Dreadful Earthquake and other Misfortunes to Pay their Debts to avoid the Suits and Prosecutions of their Creditors have been likewise obliged to go off this Island And by reason of the Offences and Debts aforesaid cannot safely return again And forasmuch as nothing can more conduce to the Strength Security and Flourishing Condition of this Country than Multitudes of People and that it is become absolutely necessary in Order thereunto for putting the Island in this time of War into a Posture of Defence against the Enemy to Invite and Encourage as much as possible Their Majesties Subjects to come to this Island by Delivering them from the Penalties and Forfeitures they have already incurr'd and by preventing all Vexation and Trouble they may be put to hereafter by any Prosecution in Their Majesties Name for the said Offences or by means of the Suit or Suits of any other Persons to whom they stand indebted THE Lieutenant-Governour Council and Assembly most humbly beseech Their Majesties to be Graciously pleased to extend to all Persons so Offending as aforesaid Their Majesties Free and General Pardon Free and General Pardon and for the Ease and Quiet of them and the rest to give convenient Time to Pay their Debts AND that therefore it may be Enacted by the Lieutenant-Governour Council and Assembly and be it Enacted by the Authority of the same in Manner and Form following that is to say That all and every Person and Persons whosoever shall be and are hereby Acquitted Pardoned Released and Discharged against Their Majesties Their Heirs and Successors and all others whomsoever of and from all manner of Penalties incurr'd by Serving under the French King or his Subjects as aforesaid and all Crimes and Offences Acts of Hostility or Violence whatsoever Treason and Murder excepted and of and from all manner of Depredations by Sea or by Land and all other Crimes Offences and Misdemeanors whatsoever already done and committed before the First Day of this Session in the Year of our Lord One Thousand Six Hundred Ninety Three and not otherwise or afterwards And of and from all manner of Forfeitures Penalties Pains Corporal and Pains Pecuniary and all Suits Judgments and Executions for or by reason of the same or any of them AND be it further Enacted by the Authority aforesaid That all and every Person or Persons that have committed Piracy or Robbery by Sea and not Murder or Treason that shall come hither Time of Surrender and Surrender and Submit themselves within Ten Days after their Arrival in this Island unto the Commander in Chief for the time being and give in moderate Security for their future Good Behaviour that then and in such Case the said Commander in Chief shall be by Vertue of this Act obliged to extend to such Person or Persons so Submitting and Surrendring as aforesaid Their Majesties Gracious Pardon under the Great Seal of this Island for the Crime or Crimes afore-mentioned without Let Hindrance or Molestation from Their Majesties Attorney-General or any other Person or Persons whatsoever for which Pardon the Parties to whom Their Majesties Mercy is so extended Fee for Pardon shall pay the Summ of Forty Shillings and no more to be paid as a full Fee unto such Officer or Officers as the Commander in Chief shall Direct and Appoint to receive the same AND be it further Enacted That the Attorney-General or any other Officer or Officers whatsoever that shall presume by any way or means directly or indirectly to Exact any Summ or Summs of Money of any Person or Persons whatsoever to whom such Act of Mercy is extended Case of Exaction or intended to be extended shall forfeit the Summ of One Hundred Pound currant Money 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 Patty injured to be recovered by Action of Debt Bill Plaint or Information in any Court of Record within this Island where no Essoyne Protection Injunction Wager of Law or Nonvult