under the Penalty of Fifty pounds to be Recovered and Disposed of as aforesaid And whosoever shall Buy Barter or Bargain with any such known Horse-catcher or Driver for any Cattle or Horses without the same be first vouched as aforesaid he she or they so Offending shall for every such Offence forfeit and pay the Sum of Twenty pounds to be Recovered and Disposed of as aforesaid And it is further Enacted by the Authority aforesaid That if any Driver or Horse-catcher shall at any time hereafter fraudulently or designedly put any false Burnt Mark Ear-mark or any other Marks or deface any old Mark he or they shall for such Offence be guilty of Felony It is further Enacted by the Authority aforesaid That no Person or Persons that are Keepers or Owners of Goats shall suffer their Goats to feed in any Persons Land except their own and if any do suffer the same to feed in any Persons Land it shall be deemed Trespass and the Owner of the Land shall Recover in any Court of Record full Costs of Suit in the said Action besides what Damage shall be given by the Jury Be it further Enacted by the Authority aforesaid That no Person whatsoever shall be capable of Hunting with any Gang of Dogs in this Island that is not a Planter in it and hath not at least five Acres of Land Planted and that any Person that shall presume to Hunt any Gang of Dogs within this Island being not Qualified as aforesaid shall forfeit for every such Offence his Gang of Dogs and the Sum of Ten pounds Sterling to be Recovered in any Court of Record within this Island by Bill Plaint or Information the one Moyety or half part of all such Forfeitures shall be to our Soveraign Lord the King his Heirs and Successors for the Support of the Government and Contingent Charges thereof and the other Moyety shall be to the Informer or any Person that shall sue for the same And it shall not be Lawful for any Planter or Planters in this Island to own any Hunting Gang of Dogs which shall not properly belong to themselves their Mates in Planting or Hunted by their Servants under the Penalty of Ten pounds Sterling for each time he or they shall so offend to be Recovered in manner and form aforesaid and to be disposed of as aforesaid And it is further Enacted and Ordained by the Authority aforesaid That if any Hunting Gang of Dogs shall kill or maim any Tame Stock belonging to any Planter or Person whatsoever or do him or them any Prejudice or Damage the Party so Damnified lift the Damage amount to not above forty shillings Satisfaction for the same shall be Recovered by Warrant from any Justice of the Peace but if it amount to more than forty shillings the Person or Persons so injured shall sue for the same at Common Law And if any Person shall kill or maim any manner of Tame Stock as Sheep Hogs or Goats either by Hunting or otherwise and shall not forthwith discover the same to the next Justice or Constable to the end the Damage may be known and Recovered as aforesaid such Offender killing maiming or injuring any such Tame Stock and not discovering it as aforesaid shall pay five pounds for every Default besides Damages to be Recovered by the Party Injured in any Court of Record It is further Enacted and Ordained by the Authority aforesaid That no Person whatsoever shall Hunt any Gang of Dogs within four Miles of any Crawâ— or Settlement except in his own Land or leave from the Proprietor of the same upon pain of Ten pounds Sterling and that no Person or Persons whatsoever shall set any Snare or Engine in any place whatsoever his Planted Ground only excepted under Penalty of forty shillings for every time any Person shall so Offend in either of the Premisses to be Recovered as aforesaid and disposed of as aforesaid and to pay all other Damages that shall accrue by the same An ACT Securing the Purchasers of Thomas Bun's Land upon Port Royal. WHereas one Thomas Bun late of this Island in the Fourteenth Year of His Majesties Reign Patented a certain Parcel of Land on Port Royal and after that Constituted and Appointed one Martin Vanolphin his Attorney thereby giving him full Power and Authority for him and in his Name to Bargain and Sell all and singular the Lands and Tenements of the said Thomas Bun and that he the said Martin Vanolphin in pursuance of the aforesaid Authority did for a Valuable Consideration well and truly paid to the aforesaid Thomas Bun Bargain and Sell the aforesaid Parcel of Land unto William Parker Esquire and Robert Swanley and that a Moyety of the said Land was Sold by the said Swanley to one Thomas Tothill Deceased whose Estate real was in pursuance of an Act of this Island exposed to Sale and Sold for and towards the Satisfaction of the just Debts of the said Thomas Tothill to Sir Charles Modyford Baronet and the whole Purchased as aforesaid Sold by the said Sir Charles Modyford Baronet and William Parker Esq to Edward Yeomans Esq for a Valuable Consideration and the aforesaid Letter of Attorney through the Ignorance and Neglect of those Times not Proved and Recorded as the Law of this Island now requires To the intent therefore that the several Purchasers may for ever hereafter be quieted in their several Purchases and secured in their Titles and Covenants and a speedy Improvement made by Building thereon 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 Sales made as aforesaid by Martin Vanolphin to William Parker Esquire and Robert Swanley and the Sale or Sales of them and either of them unto any other Person or Persons whatsoever are and shall be deemed and adjudged good and effectual in the Law to all Intents Constructions and Purposes whatsoever as if the said Thomas Bun himself had by his own Deed or Bargain and Sale Actually and Really Sold and Conveyed the same and all and singular the Land Sold and Conveyed as aforesaid be and remain to the Heirs and Assigns of such Purchaser or Purchasers their Heirs and Assigns for ever as shall Claim by from and under the Title or Purchase of the said Sir Charles Modyford Baronet and the said William Parker Esq any Law or Custom Usage or Pretence of Right whatsoever to the contrary in any wise notwithstanding An ACT Encouraging the Importation of White Servants Forasmuch as it is provided in an Act of this Countrey Intituled An Act for Regulating Servants for the strengthening and better Defence of this His Majesties Island every Master and Owner of Slaves shall have such quantity of White Servants proportionable to the Number of Slaves as is therein directed and as by the said Act doth more plainly appear and to the intent also all duo Encouragement may be given Merchants Masters and
Importers of White Servants to bring the same and may not then be discouraged nor their Servants lie upon their Hands for want of Buyers Be it Enacted by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same That no Merchant Master or Importer of White Servants shall presume to Sell any White Servant or Servants before they have been Ten Days Imported under the Penalty of Ten pounds for every such Servant so Sold the one Moyety to 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 the other Moyety to the Informer to be Recovered by Bill Plaint or Information in any Court of Record within this Island wherein no Essoign Protection or Wager of Law shall be allowed Provided nevertheless that for the Ten Days after Importation of any such White Servants as abovesaid the Factor or Seller shall pay the Master for their Diet aboard the Ship nor shall they be removed by the said Master from thence before the Ten Days be past under the Penalty aforesaid to be Recovered and Disposed of as aforesaid And be it likewise Enacted by the Authority aforesaid That whatsoever Master or Commander of any Ship or Vessel that shall bring in or Import into this Island to the Number of fifty White Male Servants and due Proof upon Oath being thereof made before the Naval Officer who is hereby empowered to administer the same shall for that Voyage be altogether freed and exempted from paying any Port-charges for the said Ship or Vessel wherein the said Servants shall be Imported any other Custom or Law to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That any Debt or Debts Contracted for any Servant or Servants Sold within this Island shall or may be Recovered by Warrant from any Justice of the Peace in the same manner as is provided in the Act empowering Justices of the Peace to decide Differences not exceeding forty shillings any Law Custom or Usage heretofore to the contrary notwithstanding And it is also hereby Enacted by the Authority aforesaid That from and after the Twenty fifth Day of March next ensuing no Person or Persons whatsoever employing themselves in the Trades or Exercises of Coopers or Porters within this Island shall use any Negro Slave or Slaves in their said Trades or Occupations under the Penalty of Twenty pounds for every such Offence to be Recovered and Disposed of as aforesaid Provided also That nothing be herein Construed to prohibit any Master or Owner of any Sugar-Work within this Island from making Cask at their respective Plantations or other convenient place as heretofore any thing in this Act to the contrary notwithstanding An ACT For Registring of Deeds and Patents BE it Enacted by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same That a Deed in due form of Law made and within three Months after the Date thereof acknowledged by the Party or Parties that grant the same or Proved by the Oath of one sufficient Witness or more before the Governour or some one of the Judges of the Courts of this Island and the same Recorded at length in the Office of Enrolments which said Office shall always be kept at St. Jago de la Vega within the said three Months shall be Valid to pass the same without Livery Seizin Attornment or any other Act or Ceremony in the Law whatsoever and that no Deed hereafter made without such Acknowledgment or Proof and Enrolment shall be sufficient to pass away any Free-hold or Inheritance or to Grant any Lease for above the space of three Years Provided nevertheless That any Old Deeds or Conveyances heretofore made for Lands or Houses and omitted to be Recorded upon being Acknowledged or Proved and at any time after the making hereof Recorded in the said Office of Enrolments shall be effectually Valid and of force but if it shall happen that any second Bill of Sale or Conveyance for a Valuable Consideration be made by the said Vendor or his Heirs for the same Land or Houses or any part thereof and the same be duly Executed and Recorded then it is hereby declared that the last Vendee shall have and enjoy the said Land or Houses any thing in this Proviso or otherwise to the contrary notwithstanding And if any Vendee hath omitted to execute and inroll his Deed within the time as aforesaid but shall at any time afterwards have done the same no second Sale being made by the first Vendor his Heirs or Executors the same shall nevertheless be good to the said Vendee his Heirs and Executors and a perpetual Bar against the first Vendor his Heirs and Executors any thing in this Act or any other to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That all Deeds and Conveyances granted and made out of this Island and remitted hither being Proved before the Governour or any of the Judges of the Courts of Common-Pleas as aforesaid and all those Deeds and Conveyances where any Granter or Conveyancer shall Personally appear in His Majesties Court held before the Lord Mayor and Aldermen of the City of London for the time being and shall then and there own and acknowledge such Deed Grant or Conveyance to be his Act and Deed and an Attest thereof be made under the Seal of the Mayorality of the said City and the same be Recorded in the aforesaid Office within six Months of the Arrival of the Ship that brought the same shall to all intents and purposes whatsoever be as Valid as if the said Deeds or Conveyances had been here Made Acknowledged Proved and Recorded according to the form and time herein before appointed Provided nevertheless That if any Person here Lawfully empowered shall in pursuance of that Power make Sale of any Lands or Free-hold to any Person whatsoever within this Island and the Deeds thereof be duly Proved and Recorded according to the true meaning of this Act before any Conveyance from the Proprietor or Proprietors of the same Land or Freehold or any part thereof be here produced proved and Recorded as aforesaid the said Deed so made and passed here shall stand good and effectual in the Law to all intents and purposes whatsoever And it is hereby further Enacted and Ordained by the Authority aforesaid That any Mortgage of any Lands Tenements Real or Personal Estates whatsoever within this His Majesties Island having received full Satisfaction and payment of all such Sum and Sums of Money as are really due to him by such Mortgage shall at the Request of the Mortgager enter Satisfaction upon the Margent of such Mortgage Recorded or to be Recorded in the Office of Enrolments which shall for ever hereafter discharge defeat and release the same and shall likewise perpetually Bar all Actions brought or to be brought
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-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
any Person or Persons for taking any Distress or Sale of the same or for turning the Course of the River through any Persons Land or for Cutting a new channel through the same or any other thing done by the Authority of this Act the Defendant in any such Action or Suit shall plead the General Issue give this Act in Evidence whereupon Issue shall be Joyned and the Jury shall find for the Defendant and Assess treble Damage for his wrongful vexation in that behalf Provided always and it is the true Intent and Meaning of this Act that if any new Channel for the Conveyance of the said River be cut through any Persons Lands all such Damages as he receiveth thereby shall be valued by the said Commissioners or any five or more of them and Satisfaction shall be made to the Owners of such Lands out of the Mony so to be Assessed and Levyed as aforesaid and whatsoever Land shall be Recovered by means of Draining what now is overslown shall belong to the first Proprietors and that this Act continue in Force for the Term of Five Years and no longer any thing in this Act or any other seeming to the contrary notwithstanding An ACT For Regulating Building and preventing Fire BE it Enacted by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same That no Person whatsoever presume to Build any House at Port-Royal within thirty Foot of the High-Water Mark and that when any House or Houses are already Built or hereafter shall be Built on the Harbor side nearer than thirty Foot of the High-Water Mark the Wherry Place only accepted such House or Houses so Built or to be Built shall and are hereby adjudged deemed and taken to be publick Nusances and the Proprietor or Proprietors of the same shall cause such House or Houses Built thereon to be taken down and removed within six Months after conviction thereof or otherwise Build or cause to be Built within six Months a strong substantial Wharf so as the same may make a firm Passage or way of Thirty Foot from High-Water Mark. Provided that no House shall be Built further Northward on the Harbour than Major Samuel Bach and Captain Anthony Swimmer on any Land Wharfed or to be Wharfed out between Fort James and Fort Carlisle but that all Land so made out of the Harbour or to be made shall remain unbuilt on And be it further Enacted and Declared by the aforesaid Authority That when any Fire shall happen to break out either at Port-Royal or at any other Town already Built or which hereafter shall be Built within this Island that two or three of the Chief Military or Civil Officers of the same Town or Parish shall or may and hereby are Empowered to give all such directions for the Pulling down or blowing up any such House or Houses that shall be by them adjudged meet to be pulled down or Blown up for the stopping and preventing the further spreading of the same and if it shall happen that the pulling down or blowing up any such House or Houses by the directions aforesaid shall be the Occasion of stopping the said Fire or the Fire stops before it comes to the same then all and every Owner of such House and Houses shall receive Satisfaction and be paid for the same by the rest of the Inhabitants whose Houses shall not be Burnt who are hereby empowered to make such Rate or Rates for the raising and Levying such Sum and Sums of Mony as shall be thought convenient by the Justices and Vestry men of the Parish Provided always That if that House where the Fire shall first begin and break out shall be Adjudged fit to be Pull'd down to hinder the further spreading and increase of the same that then the Owners of such House shall receive no manner of satisfaction for the same any thing in this Act or any other Act to the Contrary Notwithstanding And whereas it may be doubted that the Sea may encroach upon the Southward part of the Town of Port-Royal for the prevention whereof be it Enacted by the Authority aforesaid that all Proprietors or Owners of Land or Houses their Factors Agents Attorneys and Guardians of Children or any Persons employed by them or any of them that are Interested on the Southermost part of Port-Royal from Fort Rupert to the House and Land now Inhabited by one Edward Watkins and known by the Sign of the Blew Bell be hereby Enjoyned and Obliged by this Act within twelve Months after Publication hereof Substantially to Wharf out and Secure and keep Secured their respective Proportions of Land joining on the Sea with substantial Wharf of lasting Timber at least one Foot into the Sea under the Penalty of Ten Pounds currant Money of this Island for every Year any such Person or Persons shall Neglect the same one third part thereof 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 part to the Church-Wardens of the Parish of Port-Royal for the time being for the use of the Poor and the other third part to the Informer or he that shall Sue for the same in any Court of Record within this Island wherein no Essoin Protection or Wager of Law shall be allowed And that the Owners or Proprietors of such Land or Houses as aforesaid may be the better Encouraged to Wharf out as is before appointed the Street now called the Church Street shall be no more deemed accounted or taken for a Street but shall be Added or Annexed to each Propriety and Freehold in Proportion to their Respective Interest bounding upon the same for which Consideration they are hereby Obliged to leave a Passage at least eighteen Foot open to the Sea Provided that nothing in any Clause of this Act shall Permit and suffer any Person or Persons whatsoever to Build any House nearer to the Church on the South-side than what are already Built for the whole length of the Church aforesaid And be it further Enacted by the Authority aforesaid That no Person or Persons do fetch or cause to be fetched in any Boat Vessel or Canoa from the Riffs or Shoals or dig up any Stones below High-Water Mark from the Eastermost and Southermost Parts of any of the Cays lying off Port-Royal and that no Stones simall or great be fetched or taken up for balast or any other use from the Eastermost side of the Point on Port-Royal so far as Plum-Point on Penalty of Ten Pounds for every such offence and that no Commander and Master of any Ship or Vessel cast or hoist out any Ballast overboard into the water within the Harbour of Port-Royal or any other Harbour or Bay upon the Penalty of Twenty Pounds for every such offence And be it farther Enacted that no Wreeks be laid up within the Harbour of Port-Royal or if any such
other though in some places more thin than others The Houses indeed are not so close as in some parts of England yet usually the Plantations are contiguous for a great Sugar work requires some hundreds of Acres for Canes Wood Provisions Pasture c. yet most of the Planters are forward enough to spare some of it to a good Neighbour on reasonable terms The Wood-lands are commonly cleared and used for Planting but there are vast even Meadows called Savannas for grazing of Horses Cattel Sheep c. which we never cut nor make any Hay of having Grass all the year long though sometimes a little too much dryed or scorched by the Sun when many purposely set it one Fire the ashes whereof mannure and emprove the Ground against another Crop which will suddenly spring again with the next gentle showers or without by the great dews which there fall in the night and in the mean time the Cattle retire to other pastures in shady Woods or lower Marshes it is also observable that our Horses are generally swift but few or none of them shod yet will gallop the most stony way and climb steep Rocks like Goats nor are they troubled with near so many distempers as Horses in England it being common though never so hot or hard ridden to turn them presently grazing but the Horses are usually of so small a breed that all Gentlemens Coaches which are there very numerous go with six Horses a piece we have also several Hackney-Coaches The manner of living there for gallantry good Housekeeping and Recreations as Horse-Races Bowls Dancing Musick Plays at a publick Theatre c. sufficiently demonstrate the flourishing condition of the Island yearly increasing as well in number of Inhabitants as in wealth and plenty being most commodiously seated in the midst of the Spaniards so that we drain the benefits of their Gold and Silver Mines without their Labour and expences The Town of Port-Royal being as it were the Store-house or Treasury of the West-Indies is always like a continual Mart or Fair where all sorts of choice Merchandizes are daily imported not only to furnish the Island but vast quantities are thence again Transported to supply the Spaniards Indians and other Nations who in exchange return us bars and cakes of Gold wedges and piggs of Silver Pistols Pieces of Eight and several other Coyns of both Mettles with store of wrought Plate Jewels rich Pearl Necklaces and of Pearl unsorted or undrill'd several Bushels besides which we are furnished with the purest and most fine sorts of dust Gold from Guiney by the Negro Ships who first come to Jamaica to deliver their Blacks and there usually refit and stay to reload three or four Months in which time though the Companies Gold may be partly sent home yet the Merchants Masters of Ships and almost every Mariner having private Cargoes take occasion to sell or exchange great quantities some of which our Goldsmiths there work up who being yet but few grow very wealthy for almost every House hath a rich Cupboard of Plate which they carelesly expose scarce shutting their doors in the night being in no apprehension of Thieves for want of Receivers as aforesaid And whereas most other Plantations ever did and now do keep their accounts in Sugar or the proper Commodities of the place for want of Money it is otherwise in Jamaica for in Port Royal there is more plenty of running Cash Proportionally to the number of its Inhabitants than is in London which among other worthy Acts we chiefly owe to the provident care of his excellency Sir Thomas Lynch our present and former Governour who about Ten years ago by advice of his Majesties Council there raised the value of our current Coyns about â…• more than they will yield in any other part of Christendom so that none care to carry Money off but bring great quantities thither which occasions the daily increase of our Sugar works and other profitable Plantations and gives great incouragement to the Gentlemen Planters in other adjacent Islands and Plantatione to remove and settle amongst us being there obliged to use trash and Sea-Coals to boyl their Sugar which renders it not so good as when made with quick wood fires nor are they here at so great charge for Horses and Cattle to do their work nor pent up in such narrow Plantations for want of Land as in those small Islands nor subject to many other inconveniencies incident to little Countries and small numbers of People This Island of Jamaica being very Capacious and supply'd both from abroad and in it self with great Plenty of all things necessary F. H. INDEX AN Act appointing the number of the Assembly pag. 4. An Act for regulating Servants pag. 6. An Act for the High-ways pag. 22. An Act appointing the prices of Meat pag. 30. An Act against Blasphemy and for preventing disorders in Ale-Houses Taverns and Victualling-Houses pag. 33. An Act impowering Justices of the Peace to decide differences not exceeding Forty shillings pag. 37. An Act rating Liquors sold by Retail pag. 42. An Act for Compensation of Mr. Nicholas Scarlet pag. 44. An Act for the restraining and punishing Privateers and Pyrates pag. 46. An Act ascertaining the Quit-Rents and manner of the Receipt thereof pag. 55. An Act for preventing damages in Plantations preserving of Cattle and regulating Hunting pag. 62. An Act securing the Purchasers of Thomas Bun's Land upon Port-Royal pag. 75. An Act encouraging the Importation of White Servants pag. 78. An Act for Registring of Deeds and Patents pag. 82. An Act for the Ferry between St. Katherines and St. Andrews pag. 93. An Act impowering the Church-wardens of St. Katherines to receive Twelve pence per Tun for all goods made up in Cask that are Landed on or Shipped from the Bridg at Passage-Fort for maintaining and repairing the same pag. 97. An Act for Confirmation of Pious Charitable and Publick Gifts and Grants pag. 100. An Act declaring it High Treason to counterfeit His Majesties Broad Seal of this Island pag. 103 An Act for clearing of Rio Cobre above and below Caymanas pag. 105. An Act for regulating Building and preventing Fire pag. 115. An Act for the maintenance of Ministers and the Poor and erecting and repairing of Churches pag. 124. An Act ascertaining the value of Forreign Coins and establishing Interest pag. 139. An Act for the better securing certain Titles made by way of Release and confirmation under the Great Seal of this Island pag. 145. An Act for setling the Militia pag. 148. An Act for prevention of Law Suits pag. 166. An Act for establishing Courts and directing Marshalls proceedings pag. 171. An Act appointing where the Laws of this Island shall be lodged pag. 193. An Act for raising a Publick Impost pag. 198. AN EXACT MAPP OF IAMAICA Seala Miliarum LONDON Printed for Charles Karper over against St Dunstans Church in fleet Street At the Court at Whitehall the 23 d. of February 1682. PRESENT The King 's
maintain or keep a Ferry or Raft over the same Rivers for the space or term of Fourteen Years from and after the making hereof under the Penalty of Five Hundred Pounds Currant Money of this Island the one half to be for the Use of our Soveraign Lord the King for and towards the Support of the Government of this Island and the Contingent Charges thereof the other half for the Use of the said William Parker his Heirs or Assigns to be Recovered by Action of Debt Bill Plaint or Information in His Majesties Supream Court of Judicature within this His Majesties Island wherein no Protection Essoign Injunction or Wager of Law shall be allowed An ACT Impowering the Church-Wardens of St. Catherines to receive Twelve pence per Tun for all Goods made up in Cask that are landed on or shipped from the Bridg at Passage Fort for maintaining and repairing the same WHereas it is evident that the making and repairing the Bridg at Passage Fort hath been very chargeble to the Parish of St. Catherines considering the said Bridge is for the publick Use of several Parishes in respect whereof some care ought to be taken for easing the said Parish of the great Charge they are at in maintaining the same and that the several Persons that make use of the said Bridge should proportionably pay towards the doing of it Be it therefore Enacted by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same That from and after the making hereof all Goods whatsoever made up in Cask and that are landed either upon or shipped from the said Bridg shall pay Twelve pence per Tun and so proportionably for a greater or lesser quantity And it is Enacted by the Authority aforesaid That the Church-Wardens of St. Catherines for the time being shall take care that the Bridg be kept in sufficient Repair and in case of their Neglect therein that then the aforesaid Church-Wardens shall forfeit respectively Ten pounds one half thereof to the Informer and the other half to the Poor of the said Parish to be recovered by Bill Plaint or Information in any Court of Record within this Island wherein no Essoin Protection or Wager of Law shall be allowed And it is further Enacted and declared by the Authority aforesaid That the Church-Wardens of the said Parish of St. Catherines are hereby Empowered to Appoint such Person or Persons as they shall think fit for collecting the aforesaid Duty and to employ the same to the use and behoof of the aforesaid Parish and if any Person or Persons shall refuse to pay the aforesaid Duty it shall be lawful for such Collector as shall be appointed by the Church-Wardens aforesaid to detain or keep in his possession the Goods of the Person or Persons so refusing until he or they shall have satisfied the same as it is before expressed any Law Custom or Usage to the contrary notwithstanding An ACT For Confirmation of Pious Charitable and publick Gifts and Grants TO the Intent that Pious Charitable and publick Gifts and Grants so necessary in new Colony's to be encouraged and made Good may not be defeated but may take Effect according to the True Intent and Meaning of the Donor or Donors Devisor or Devisors notwithstanding any Incapacity in the Grantee or Devisee or those to whose Use the same is granted or devised Be it therefore Enacted and Ordained by the Governors Council and assembly and it is hereby Enacted and Ordained by the Authority of the same that for and during the Term and time of Twenty years next ensuing all Gifts Grants Conveyances and Devices of any Houses Lands Tenements Rents Goods or Chattels to any Good Pious Charitable or Publick use or uses as for the maintenance of Lawful Ministers erecting or maintaining of Churches Chappels Schools Universities Colledges or other places for Education of Youth or maintenance of men of Learning or any Alms-houses or Hospitals or any other uses whatsoever heretofore made and hereafter to be made within the time aforesaid be and are hereby for ever confirmed and made good according to the true intent and meaning of the Donor or Donors Grantor or Grantors Devisor or Devisors the Statute of Mortmain or any other Statute Law Custom or Usage to the contrary notwithstanding Provided nevertheless and it is hereby enacted and Ordained that no Gifts Grants or Devise to any Person or persons whatsoever for any superstitious use or for maintenance of any Minister or Teacher whatsoever other then such as are lawfully Ordained and allowed of by the Church of England be hereby confirmed and made good any thing herein or in any other Act seeming to the contrary in any wise notwithstanding An ACT Declaring it High Treason to counterfeit His Majesties Broad Seal of this Island FOrasmuch as by the Laws of this Island no due and condign Punishment hath been heretofore provided for such as shall falsify forge or counterseit his Majestys Broad Seal of this Island by reason whereof diverse evil disposed persons may be emboldened to perpetrate and commit the said Offence to the dishonour of his Majesty and the disinheriting of many of his Majestys good Subjects for prevention whereof Be it Enacted and Ordained by the Governor Council and assembly and it is hereby Enacted and Ordained by the Authority of the same that whosoever shall at any time hereaster Falsify Forge or Counterfeit his Majesties Broad Seal of this Island that every such offence shall be deemed and Judged High Treason and the offender or offenders therein their Councellers Ayders Abetters or Concealors being legally convicted thereof by the Oaths of two lawful and credible Witnesses upon Trial or otherwise then every such person and persons so offending as aforesaid shall be deem'd declared and adjudged to be Traytors and shall suffer and have such Pains Penalties and Forfeitures as in like Cases is Ordained by the Laws and Statutes of his Majesties Kingdom of England An ACT For Clearing of Rio Cobre above and below Caymana's Whereas the River called Rio Cobre or the Town River that passeth by St. Jago De La Vega is for several Miles together about the Caymana's stopt up and hath wholly lost its old Channel by means of the extraordinary Floods and by the abundance of Trees and great quantitys of rubbish that hath been fallen above the said River and upon other small Rivers and Gullies that fall into the same whereby several Plantations above and below the stop are upon small Floods totally overflown and the stop by the means aforesaid daily encreaseth so that it is evident that in a short time if no Remedy be applyed all the settlements and Sugar-works thereabouts will be altogether lost and what is good Manurable Land now will be turned into mere Bog and Morass unfit to raise Cattle in or convert to any other use which will not only be a very great loss to to this Island in General but an utter ruin to 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
Justice of the Peace without giving Notice to the Captain of the said Fort or whosoever shall Command in Chief therein in his Absence which said Notice shall be sufficient Leave to pass the said Fort without any further Charge or trouble whatsoever unless the said Captain or other his Subordinate Officer have reasonable cause to Suspect the Person so desiring leave to have some evil design in going off with or carrying off any Persons contrary to Law in which Case it shall and may be Lawful for the said Captain or his aforesaid Officer to hinder their departure out of the Harbour until the said Captain or Officer be satisfied of the Lawfulness of their occasion any Act Custom or Usage to the contrary notwithstanding Be it also further Enacted by the Authority aforesaid That no Person whatsoever presume to Fire any small Arms after eight of the Clock at Night unless in case of an Alarm Insurrection or other lawful occasion and in either of the said Cases Four Muskets or small Arms distinctly Fired shall be taken for an Alarm from Quarter to Quarter and every Person that shall be duly convicted before a Regimental Court Martial of neglecting his Duty in taking and giving forward any Alarm by Firing Four Muskets or small Arms as aforesaid or shall be Guilty of Firing any small Arms after Eight of the Clock at Night unless as aforesaid shall be Fined or otherwise punished at the discretion of a Court Martial not extending to Life or Limb. And whosoever shall be found to be a Transgressor herein by the next Commission Officer under Penalty of Five Pounds be caused to be Apprehended and sent under a Guard to the next Marshal who is hereby obliged under Penalty of Twenty Pounds to receive and secure the said Offender until he shall be Tryed or Discharged by a Court Marshal as aforesaid And for the better Prevention of False Alarms That no Captain Master or Commander of any Ship or Vessel Riding at Anchor in the Harbour of Port-Royal or any other Bay or Harbour or any other Person Fire any Gun after Sun set under Penalty of Forty Shillings for every Gun so Fired to be Levyed by Warrant from the Chief Officer not under the Degree of a Captain who is hereby Impowered to Administer an Oath and give Judgment thereupon by Distress or Sale of the offenders Goods and for want of Distress the said Chief Officer is hereby Impowered to Commit such Offender to Goal there to remain until payment of the same and that in Case the said Chief Officer shall not perform his Duty therein he shall forfeit Ten Pounds to be levyed by Warrant from the Governour or Commander in Chief for the time being Provided always that this Clause shall in no ways concern or extend to any Captain or Officer of any of His Majesties Ships of War for their Firing of one Gun for the setting of the Watch. Provided always and it is hereby further Enacted and declared by the Authority aforesaid That nothing in this Act contained be expounded construed or understood to diminish alter or abridge the power of the Governour or Commander in Chief for the time being but that in all things and upon all occasions he may act as fully and freely as Captain General and Chief Governour to all Intents and purposes as if this Act had never been made any thing in this Act to the contrary notwithstanding Provided also And it is hereby Enacted and Declared by the Authority aforesaid That nothing within this Act or any clause therein contained shall be deemed construed or understood to give any Captain General or Commander in Chief any Power or Authority for the sending any Person or Persons of this Island against their will or to do any other act or thing contrary or repugnant unto the known Laws of England or this Island An ACT For prevention of Law Suits BE it Enacted and Ordained by the Governour Council and Assembly And it is hereby Enacted and Ordained by the Authority of the same That all Possessions of or Titles to any Lands or Houses whatsoever derived by or from any Sales for Valuable considerations made either by the Brovost Marshals Creditors or by the Executors or Administrators of any Persons Deceased or by the Husbands in Right of their Wives or by the Endorsments or Delivery up of Patents or by any Decrees in Chancery or by any Last Wills and Testaments or by any Patent Granted upon Judgment given in Writs of Escheat or Cessavit and the said Person or any claiming under them now being in Possession of the same be by this present Act Ratified Confirmed and Declared good and Legal to all Intents and Purposes whatsoever Provided always that such Possessors or Purchasors their Heirs or Assigns have or shall continue in quiet or peaceable Possession of the same for the space of Seven Years without any Claim or Interruption and the said Sales Patents Decrees and Possessions as aforesaid to be a perpetual Bar against all manner of Persons Claiming or to Claim any Right or Title by Descent Purchase Marriage or Limitation for or by reason of any former Grant Gift Patent or Conveyance any Law Custom or Usage in any wise to the contrary notwithstanding And it is hereby Enacted and Declared by the Authority aforesaid That in all Writs of Escheat hereafter to be Granted the Provost Marshal be commanded to Inquire by a Jury of Twelve Free and Lawful Men upon their Oaths they then being upon the Premises the true Value of all and singular the Real Estate which any Person so Dying without Heirs was at the time of his Death Sei zed of and that after Office found and returned into the Supreme Court and Judgment hereupon given and Recorded It be Lawful for the Governour for the time being or in his absence the Commander in Chief to pass any Grant of the said Escheated Estate under the Broad Seal of this Island Provided that a Clause be therein Inserted that the said Grant shall determine and be Voyd in case any Right Heir appears and Claims the same and Legally approves himself to be Heir within Three Years after the Date of the said Patent and that the Value of the said Escheated Estate as it was Apprised at shall be secured to be paid unto the Treasury of this Island after the Expiration of Three Years from the Date of the Patent If no Heir in the mean time shall Obtain the same by such Person or Persons to whom the Governour or Commander in Chief as aforesaid shall by Patent under the Broad Seal of this Island grant the same and that the Treasurer or Receiver be hereby required to pay or cause to be paid the Sum or Sums of Mony the said Escheated Estate was Valued at out of the Treasury unto or for the Use of such Heir who shall Claim the same and Approve Himself to be Heir before any other Payment whatsoever which Proof of the Heirs
Title shall be made by any publick Attestation or otherwise as shall be beleived to be Evidence by the Judges and Jury to be recovered at any time without Limitation And be it further Enacted by the Authority aforesaid That all Bills of Sale and Conveyances whatsoever heretofore made or that hereafter shall be made by Husband and Wife and acknowledged before the Judge of any Court of Record within this Island and duly Recorded shall be good and Valid in Law against all Persons whatsoever that can or may pretend to Claim any Estate in the Lands or Tenements so conveyed to all Intents and purposes whatsoever as if the same had passed by Fine and Recovery in any of his Majesties Courts of Westminster Provided always that where any true and Valuable Improvement is made on such Escheated Land by the Patentee or Patentees during the said Three Years that such Heir before his Entring upon the same shall satisfie and pay unto such Patentee or Patentees all such Charges as the Chancellour for the time being shall judge to be reasonably Expended together with the Interest of the same according to the Custom of this Country any thing herein contain'd to the Contrary notwithstanding An ACT For Establishing Courts and directing the Marshals Proceedings FOr the better and more Orderly Regulation and Establishment of the several Courts of Justice within this Island as well in respect of the time as place for holding the same and also directing the Marshals Proceedings Be it Enacted by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same That the Judges of the Supream Court of Judicature for the time being are hereby fully Impowered and Authorized to have Cognizance of all Pleas Civil Criminal and Mixt as fully and amply to all intents and purposes whatsoever as the Courts of Kings Bench Common Pleas and Exchequer within His Majesties Kingdom of England have or ought to have and the said Court shall be duly and constantly kept at the Town of St. Jago de la Vega and not else where once every three Months and not oftner and that there be Five Judges at the least appointed to hold the same Court three whereof to be a Quorum and that the several Inferior Courts of Common Pleas established or that shall be Established in the several Precincts of this Island shall have Jurisdiction over all Causes wherein any Free-hold isnot concerned to the Value of Twenty Pounds with Cosles and no more and that the same be held and kept at the same time and in the same place of the respective Precincts where the Justices of the Peace shall hold and keep the Quarter Sessions once every three Months and that none of the said Courts be kept oftner nor in any other place or manner than is hereby declared Provided always and it is hereby Enacted by the Authority aforesaid that in respect Port-Royal is the Chief Seat of Trade within this Island and it is found by Experience that a quicker and more speedy dispatch of all Maritine and Merchandizing affairs give the greatest satisfaction to all Parties concerned it shall and may be Lawful for the Judg or Judges of the Court there Established to hold and keep the same once every two Months and not oftner and that it shall and may be Lawful for the Chancellour here for the time being upon application made to Grant a Justices to any of the Inferiour Courts within this Island any thing herein contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That it shall not be Lawful for any Person or Persons whatsoever Appointed Elected or Chosen to be a Judge or Judges of the aforesaid Courts to Execute or Officiate his or their said Place or Office until such time as he or they shall respectively take the Oaths of Allegance and Supremacy in open Court and that none of the said Judges directly nor indirectly shall ask demand or receive any other profit benefit or advantage from any of the Clarks of the said Courts or other Person whatsoever under colour or pretence of such their Place Office or Authority but what is allowed them by the Acts of this Island under the Penalty of Five Hundred pounds of Currant Mony of this Island And be it further Enacted by the Authority aforesaid That all and every of the Judges of the several Courts before mentioned be and are hereby sufficiently Empowered to make order and establish all such Rules and Orders for the more orderly practising and proceeding in their said Courts as fully and amply to all Intents and purposes whatsoever as all or any of the Judges of the several Courts of the Kings Bench Common Pleas and Exchequer in England Legally do and that no Councillour or Attorney be suffered to practise in any of the said Courts until they be first admitted by the same and have taken as well the Oath of an Attorny as the Oaths of Allegiance and Supremacy under the Penalty of Twenty pounds of Currant Mony of this Island and whatsoever Councillor or Attorney shall by negligence or ignorance mistake his Clients Cause and Imperfectly lay his Action or ill Draw the Declaration whereby the Client shall suffer a Non-suit he or they so offending shall be lyable by Rule of Court without any other Process or course of Law whatsoever to pay unto the party aggrieved full Costs of Suit and to the end that no Person shall be Damnified by mistake of his Lawyer for matter of Form only Be it Enacted and Declared by the Authority aforesaid That the Judges shall at all times on Motion made in Court order Amendments and shall not upon Arrest of Judgment or Writ of Errour for matter of Form only reverse any Judgment whatsoever And be it Enacted and Declared by the Authority aforesaid That no Action of Wast shall be permitted to be brought or allowed to lye within any Court of this Island and that no Free-holder whatsoever being of know Residence shall be Arrested by any Process out of any of the said Courts upon the Penalty of Twenty pounds Currant Mony to be paid by the Plaintiff to the Party so Arrested and what Action or other proceeding whatsoever shall be entred sued had made or prosecuted thereupon contrary to the true intent and meaning thereof shall and is hereby declared to be void and of no Effect to all intents and purposes whatsoever And that no Suit be had or Process taken out of the Supream Court of Judicature for any matter or Cause of Action under the Value of Twenty pounds Currant Mony of this Island upon the Penalty of Twenty Pounds of the like Money to be paid by the Plaintiff in the said Action but that the same be tryed in the Court of the Precincts where such Cause of Action doth arise Provided that both Parties reside there and that the Inhabitants and Residents in St. Catharines St. Dorothy's St. Thomas
Eleven of the Clock in the Morning and from two to Four in the Afternoon upon Penalty of Twenty Pounds Currant mony of this Island for every default Be it likewise Enacted and Ordained by the Authority aforesaid That all and every Person and Persons whatsoever in this Island which from and after the making of this Act shall have or receive from the Governour or Commander in Chief of this Island a Licence to Sell and retail any Strong Liquors in any part of this Island shall pay for the said Licence and every Year for renewing of the same the Sum of five Pounds Currant Mony to Our Soveraign Lord the King His Heirs and Successors And whosoever shall presume to Sell by Retail any of the strong Liquors as aforesaid without such License had and obtained as aforesaid shall forfeit for every such Offence the Sum of Ten Pounds currant Money of this Island And it is hereby Enacted and Declared by the Authority aforesaid That if any new Setler or Comer shall import into this Island any Rum Sugar Tobacco Indico Cocoa Ginger or Cotton by himself or any other person or persons for his or their better conveniency in Settling and Planting and shall not only declare such his or their intentions upon Oath before the Collector who is hereby impowered to Administer the same at the time of importation but shall likewise make the same appear within three Months after his or their arrival by some visible effect which he or they shall shew in order to it that then the same being sufficiently made known and appear to the said Collector or Receiver the said Goods shall not be chargeable with any Duty or Customs any thing in this Act to the contrary notwithstanding And the said new Comers to enjoy the aforesaid Priviledge for three Months after their arrival Provided also that it shall and may be lawful for any Master or Merchant of any Ship or Vessel to land or put on shore any of the said Goods without being further liable to pay any Duty or Custom for any part or parcel thereof more than what he shall sell or dispose of within this Island any thing in this Act to the contrary notwithstanding And it is further Enacted by the Authority aforesaid That as well his Majesty's Quit-Rents arising from Lands granted or to be granted within this Island and every part and parcel thereof as also all and every part of the Revenue hereby granted or which hereafter shall grow due by Vertue of this Act or any thing herein contained shall be applied and appropriated and are hereby appropriated to the Support of the Government of this his Majesty's Island and the contingent Charges thereof and to no other use intent or purpose whatsoever And that His Majesty's Forts and Fortifications within this Island may for the future be kept in better repair And if His Majesty in his great Wisdom shall think convenient other new ones may be built Be it further Enacted by the Authority aforesaid That the Sum of One Thousand Pounds per Annum arising as aforesaid be during the Term of Seven Years Annually paid and appropriated unto the Repairing Building and Rebuilding of His Majesty's Forts and Fortifications within this Island and to no other use intent and purpose whatsoever and the same is hereby appropriated accordingly And it is hereby further Enacted by the Authority aforesaid That the Collector or Receiver-General of this Island for the time being or he that shall Officiate in his room or stead shall annually during the Term aforesaid out of the Money received by Vertue of this Act charge down the said One Thousand Pounds so as aforesaid appropriated to the particular Accompt of the Fortifications and shall keep a distinct Book of Accompts for the same which Book of Accompts shall be free and open at all Office-hours for any person to view the same without paying any manner of Fee therefore and that the said Receiver-General or his Deputy shall when and as often as thereunto required by the Governour Council or Assembly when sitting or to any Committee by them or either of them to be appointed give in upon Oath which Oath they are hereby empowered to Administer a just and true Accompt of the particular Disbursements out of the Thousand Pounds per Annum so appropriated as aforesaid and that the said Receiver-General shall with good and sufficient Security such as shall be approved of by the Governour and a Quorum of the Council enter into Bond in the Penalty of Five Thousand Pounds which Bond shall lie in the Secretary's Office to be sued in manner and form as is directed in an Act requiring all Masters of Ships and Vessels to give Security in the Secretaries Office under the Condition hereafter expressed That is to say THE Condition of this Obligation is such That if the above bound A.B. Collector or Receiver-General shall well and truly accompt for as often as he shall be thereunto required by the Governour for the time being and a Quorum of the Council or a Committee of the Assembly all and every such Sum and Sums of Money which either have or shall come to his hands either by Vertue of an Act intituled An Act for Raising a Publick Impost made at an Assembly held by Prorogation the Fourth day of October in the Thirty third Tear of His Majesties Reign or an Act intituled An Act for Raising a Publick Impost made at an Assembly held by Prorogation the Twenty first day of September in the Thirty fourth Year of His Majesty's Reign that now is or any other Act or Acts whatsoever as also well and truly to pay the Sum of One Thousand Pounds yearly and every Year for and during the time the aforesaid Act made in the Thirty fourth Year of the King's Reign intituled An Act for Raising a Publick Impost shall be in force by Warrant of the Governour with the Advice and Consent of a Quorum of the Council for and towards the Repairing and Building Fortifications and also pay all other Sums of Money according to the intent and meaning and to the uses mentioned and directed in the said Acts that then this present Obligation to be void otherwise to remain in full force and vertue And in case the said Collector or Receiver-General or his Deputies shall presume to Act in the said Office longer than twenty days after the passing of this Act before he hath given the Security with the Condition aforesaid he or they shall for every such Offence forfeit the Sum of One Thousand Pounds currant Money of this Island One third part thereof to 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 other third to the Informer or him that shall sue for the same and the other third to the Poor of the Parish where the said Informer shall be resident to be recovered in