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
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
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
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
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