thereupon in any Court of Record within this Island and if such Mortgagee shall not within three Months after request and tender made for his reasonable Charges repair to the Office of Enrolments and there make such Acknowledgment as aforesaid he she or they so refusing shall for every such Offence forfeit and pay unto the Party or Parties aggrieved the Sum of fifty pounds Currant Money of this Island to be Recovered in any of His Majesties Courts of Record within this Island by Bill Plaint or Information wherein no Essoign Wager of Law or Protection shall be allowed And be it further Enacted and Ordained by the Authority aforesaid That it shall and may be Lawful for the Judges before whom such Acknowledgment of Deeds or other Writings are and shall be made to demand and receive for every Deed of the value of Twenty pounds or more Ten shillings and for every Deed under the value of Twenty pounds Five shillings and no more under the Penalty of Twenty pounds the one half 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 and the other half to the Informer to be Recovered as aforesaid And be it further Enacted by the Authority aforesaid That the Clerk of the Enrolments shall and may take and receive for Enrolling and Copying an Ordinary Deed Grant or Patent for one or more Parcels of Land or any Deed or Conveyance not exceeding the length of such Patent five shillings for every Deed exceeding the length aforesaid eight pence per sheet accounting Twenty Lines to a sheet and eight Words to a Line for every Short Writing not exceeding the length aforesaid Twelve pence for Recording every Plot one shilling and three pence for searching the Record Twelve pence and for Ackowledging Satisfaction in the Margent of a Mortgage recorded one shilling and three pence and no more under the Penalty of Ten pounds to the Uses and to be Recovered as aforesaid And be it likewise Enacted by the Authority aforesaid That all Patents already granted and not Enrolled shall be Enrolled in the Office of Enrolments within six Months and all Patents hereafter to be granted shall be Enrolled within six Months after the Sealing such Patents which Enrolments as likewise all such as are already there Enrolled shall be good and valid in the Law notwithstanding any Clause inserted in the said Patents directing the contrary And whereas it is most manifest That the Estates of several Orphans have been preserved and vastly Improved by being during their Minority Leased out by their Guardians and whereas it may be Disputable whether such Leases are Warranted by the Laws of England Be it therefore Enacted and Ordained by the Authority aforesaid That all Leases heretofore made or granted or that hereafter shall be made or granted of the Estate of any Orphan by the respective Guardian for any term of Years not exceeding the Minority of such respective Orphans shall be good and valid in the Law any Law Custom or Usage to the contrary in any wise notwithstanding Provided always That this Act or any thing therein contained shall not extend to contradict or alter any Power given or to be given by the Parent to any Guardians or to give liberty for the future to any Guardian to Lease out the Estate of any Heiress for any longer Term or Time than till she shall compleat the Age of Fourteen Years Be it likewise Enacted and Ordained by the Authority aforesaid That the Clerk of the Enrolments or whosoever shall execute the said Office for the time being do find two sufficient Sureties with himself to become bound to our Soveraign Lord the King his Heirs and Successors in a Bond of the penalty of Two Thousand pounds for the true and faithful Execution of the said Office and for keeping of the same in the Town of St. Jago de la Vega as is herein before declared and not elsewhere which said Bond shall be Recorded in the Supream Court of Judicature within this Island and be kept by the Chief Justice of the same for the time being to be made use of according as is directed in an Act Intituled An Act Impowering the Secretary to take Security and whosoever after Publication hereof shall Officiate in the said Office before he hath given such Security as aforesaid he or they so Offending shall forfeit the Sum of Five Hundred Pounds to be Recovered by Bill Plaint or Information in any of His Majesties Courts of Record within this Island wherein no Essoign Protection or Wager of Law shall be allowed the Defendant one Moyety whereof shall be to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges thereof and the other Moyety to him or them that shall prosecute the same An ACT For the Ferry between St. Catharines and St. Andrews WHereas William Parker of the Parish of St. Andrews Esquire hath at his particular Charge found out and made a very Convenient Way between the Salt and Fresh River in the Parish of St. Andrews and St. Catharines which will be of great Use and Advantage to the whole Island in causing a more near and easie Correspondence with the several Precincts and whereas the said William Parker hath likewise set up and erected a Ferry for the better Accommodation of the said Passage and whereas the same cannot be maintained without great and constant Charges 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 said William Parker his Heirs and Assigns be by this Act Impowered and Authorized for the space and term of Fourteen Years from the making hereof to ask demand sue for recover and receive as a Duty and Toll for the Transporting of any Person over the said Ferry Seven pence half peny for every Horse and Man fifteen pence for every grown Beast that hath no Rider seven pence half peny for every Sheep Calf or Hog six pence and that the said William Parker his Heirs and Assigns may and shall erect a Tavern or Victualling-House near the said Ferry and shall not be compelled to renew or pay any License Money for the same Provided always That if the said William Parker or his Assigns shall not finish and compleat the said Way and Passage within Twelve Months from and after the making of this Act and that in all places it be not less than eight Foot broad and that the same be always kept in good and sufficient Repair that the aforesaid Limitation of the Rates which shall be paid by virtue of this Act or any Letters Patents granted for the same shall cease determine and be utterly void And be it further Enacted and Ordained by the Authority aforesaid That no other Person whatsoever presume to erect
Island shall be Lodged WHereas no place hath been hitherto appointed for the lodging and securing the Acts of this Island so that his Majesties Subjects have been at no Certainty where to find the same and take Copies thereof to their great detriment and Inconveniency for remedy whereof for the future Be it Enacted and Ordained by the Governour Council and Assembly And it is hereby Enacted by the Authority of the same That from and after the end and determination of this present Session as well the Original Act heretofore made and Enacted since the Seventeenth Day of of March in the Year of Our Lord One Thousand Six Hundred and Eighty as those also herewith or that shall hereafter be Enacted shall be Lodged in the Secretaries Office of Enrolments at St. Jago de la Vega and not elsewhere and the Secretary for the time being shall at all Office Hours be ready to shew all or any of the said Acts when thereunto required by any of His Majesties Subjects as may or shall have occasion to View the same and shall give Copies thereof or any Clause in any of them contained for which he shall be allowed Eight pence per Sheet accounting Sixteen Lines to a Sheet and Fourteen Words to a Line and that he shall likewise be allowed for Comparing and Examining any Copy containing the whole body of the Laws with the Originals Forty shillings Currant Mony and no more and to the end His Majesties Subjects may be fully satisfied no Embezelment Razure or Defacements of the said Acts or any of them shall for the future be Committed in the said Office it is Enacted and Ordained by the Authority aforesaid that the Secretary of this Island or his lawful Deputy that shall Act in his Room or Stead shall give in Bond with good and sufficient Security to Our Soveraign Lord the King His Heirs and Successors in the Penalty of Four Thousand Pounds in the following Condition THE Condition of this Obligation is such that if the above bound A. B. shall and do well and faithfully Execute and Perform the Offices and places of Secretary and Clerk of the Enrolments for this His Majesties Island of Jamaica and also faithfully and truly keep and preserve in his said Office all and every the Acts of this Island made since the seventeenth Day of March in the Year of our Lord God One Thousand Six hundred and Eighty so that his Majesties Subjects may have recourse thereunto and do in all things else comply with the Duty of the said Offices according to the Trust reposed in him and according to the Laws of this Island in such Cases made and provided that then the above written Obligation to be void and of none Effect or else to remain in full force and vertue Provided always that neither the said Secretary nor his Deputy for the time being do or shall from and after the Twentieth Day of November next ensuing presume to Act or Officiate his said Office until he or they shall enter into the aforesaid Bond with the Condition before recited upon Penalty of Five Hundred Pounds for every time he or they shall so Officiate or Act in his said Office to be recovered in the Supream Court of Judicature in this Island by Bill Plaint or Information wherein no Essoin Protection Injunction Wager of Law or Non vult ulterius prosequi shall be admitted or allowed the one half to be to our Soveraign Lord the King His Heirs and Successors for and towards the Support of the Government of this His Majesties Island and the Contingent Charges thereof and the other half to the Informer or him that shall Sue for the same any Law Custom or Usage to the contrary in any wise notwithstanding Provided also and be it hereby Declared That if the Secretary or his Lawful Deputy for the time being in this Island shall enter into Bond as aforesaid which said Bond shall be lodged as is appointed in an Act entituled an Act for Regulating Fees That then it shall be accounted sufficient to discharge him or them from entring into any other Bond or Security required by the Acts of this Island any thing herein or in any other Act to the contrary notwithstanding An ACT For raising a Publick Impost WE His Majesties Most Dutiful and Loyal Subjects the Assembly of this His Majesties Island being duly sensible of His Majesties extraordinary Grace and Favour in restoring unto us our Ancient Form of making Laws and in the Great Assurance given us of His Princely resolution to apply not only the Revenue by us now intended to be raised but even all His Majesties Quitt Rents arising from Lands granted or to be granted within this Island to the Support of the Government of this His Majesties Island and the Contingent Charges thereof and to no other use whatsoever And we likewise taking into our serious consideration the great expence His Majesty hath and may be at in and about the Support of the Government of this His Island and the Contingent Charges thereof as also the Great Sums of Mony required for the Reparation of His Forts and Fortifications now much decayd and the apparent danger and inconveniency that may accrue by any longer neglect have Cheerfully and Unanimously given and granted and do hereby give and grant unto His Most Excellent Majesty his Heirs and Successors for and towards the Repairing and Building Forts and Fortifications and for the defraying of the many necessary and contingent Charges in and about the Support of the Government of this His Majesties Island a certain Impost on the several Liquors and Goods hereafter mentioned and Humbly Beseech His Majesty to accept the same and that it may be Enacted And be it Enacted by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same That from and after the first day of October in the Year of our Lord One Thousand Six Hundred Eighty and Two All the following Liquors and Goods hereafter specified that shall be Imported shall pay after the Rates hereafter mentioned That is to say all Spanish and Madera Wines the Sum of Four pounds Per Tun all Wines Imported of the Growth of the Western Islands or Mixture of the Madera Wines with those of the Western Islands the Sum of Ten Pounds Per Tun every Tun of French or Rhenish Wines Three pounds Every Gallon of Brandy one Shilling every Gallon of English Spirits Three Pence every Tun of Beer or Syder Eight Shillings every Tun of Mum or Metheglin Forty Shillings for every Hundred Pounds of White Sugar Ten Shillings for every Hundred Pounds of Muscovado or Pameel Sugar Six shillings for every Pound of Indigo Six pence for every Pound of Tobacco two Pence for every Hundred Pounds of Ginger Ten shillings for every Gallon of Rum One Shilling and Six Pence for every Hundred Pounds of Cocoa Ten Shillings and so proportionably for a greater of lesser quantity of
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
Most Excellent MAJESTY Lord Keeper Lord President Lord Privy Seal Duke of Ormond Duke of Beaufort Earl of Oxford Earl of Chesterfield Earl of Sunderland Earl of Clarendon Earl of Bath Earl of Craven Earl of Ailesbury Earl of Conway Earl of Nottingham Earl of Rochester Lord Bishop of London Mr. Secretary Jenkins Mr. Chancellor of the Exchequer Lord Chief Justice Pemberton Mr. Godolphin WHereas by the Powers given unto Charles Earl of Carlile late Governour in Chief of the Island of Jamaica and in his Absence to the Commander in Chief thereof for the time then being Dated the Third day of November in the 32 d Year of His Majesties Reign as also by a Commission unto Sir Thomas Lynch Knight now Governour in Chief of the said Island bearing Date the Sixth Day of August 1681. His Majesty has been Graciously Pleased to Authorize and Impower the Governour Council and Assembly of the said Island to Constitute and Ordain Laws which are to continue and be in force untill His Majesties Pleasure be signified to the contrary And forasmuch as certain Laws have in pursuance of the said Powers and Commissions been transmitted unto His Majesty with the Humble Desire of the said Council and Assembly that His Majesty would be Pleased to pass the same in the Words following An ACT Appointing the Number of the Assembly BE it Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same that in every Assembly hereafter to be called by His Majesties Writs and held within this Island there be Chosen Three Representatives for the Parish of St. Catharines the like number for the Parish of Port Royal and Two for each other of the respective Parishes that now are or hereafter shall be in this Island and that the Provost Marshal or his Lawful Deputy give to every Person Elected within ten Days after his Election notice that he is so Elected Provided always that every Person Elected shall be a Free-holder in this Island and that none have Right to Vote in any Election but those that are Free-holders in the same Parish Where the Election is to be made An ACT For Regulating Servants 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 and every Master or Masters of Slaves for the first five Working Slaves shall be Obliged to keep one White Man Servant Over-seer or Hired Man for Three Months at least and if the Number increase to Ten Two and for every Ten after the first One to be Resident in the Plantation where the Negroes are employed and if any shall be wanting for the space of six Months of the proportion aforesaid he she or they for every Servant so wanting shall forfeit five pounds to the Use of the Parish where such Default shall be made to be Recovered by the Church-Wardens by Action of Debt in any Court of Record in this Island And it is further Enacted and Ordained by the Authority aforesaid That all Masters Mistresses or Over-seers of Slaves who shall not truly inform the Constable or Constables within their several Precincts when thereunto required of all such Hired Men or Servants and Working Slaves as shall justly and truly belong unto them or under their Care shall forfeit the Sum of Twenty pounds to be Recovered by Bill Plaint or Information in any Court of Record within this Island where no Essoign Protection or Wager of Law shall be allowed one Third of which Penalty shall be to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges thereof one Third to the Church-Wardens of the Parish where the Offence shall be Committed for the Use of the said Parish and the other Third to the Informer or he that shall sue for the same And whatever Constable or Constables shall neglect his or their Duty herein by not demanding an Account every Six Months and returning the same unto the Justices sitting at the next Quarter-Sessions of that Precinct which they are hereby required to do shall for every such Default forfeit the like Sum of Twenty pounds to be Recovered and applyed in manner and form aforesaid That all Servants shall have according to their Contract and Indenture and where there is no Contract or Indenture Servants under Eighteen Years of Age at their Arrival in this Island shall serve Seven Years and above Eighteen Years of Age shall Serve Four Years and all Convicted Felons for the time of their Banishment and at the expiration of the Times aforesaid shall receive from their last Master Mistress or Employer Forty shillings and a Certificate of their Freedom upon Demand and whosoever shall refuse without just Cause to give such Certificate to Servant Artificer or Labourer whose Time is expired or Contract performed shall forfeit forty shillings for every such Refusal And whosoever shall Employ any Free Person without a Certificate from the the last Employer of the Performance of his or their last Bargain or Contract shall forfeit Ten pounds That no Person or Persons presume to Trade with any Servant or Slave without the Master or Mistresses Consent on Penalty of forfeiting to the Master or Mistress of such Servant or Slave treble the value of the things Traded for bought or Sold and also Ten pounds Currant Money of this Island to be recovered by such Master or Mistress by Action of Debt in any Court of Record And all Contracts made with Servants or Slaves to be utterly void That if any Servant or Hired Labourer shall lay violent Hands upon his or her Employer Over-seer or other Person put in Authority over him or her such Servant or Labourer shall for such Offence Serve his or her Employer without any Wages twelve Months by Order of any Justice of the Peace on Conviction That by the like Order and Conviction any Over-seer or Artificer Hired Labourer or Servant that shall embezle purloin make away or waste any of his or her Employers Money Goods or Chattels not exceeding the value of forty shillings shall serve or make Satisfaction according to the Discretion of any one of His Majesties Justices of the Peace and if above the value of forty shillings to serve two Years by the like Order without any Wages and be further liable in case that Time will not satisfie and if any such Person as aforesaid shall embezle purloin or make away any Money Goods or Chattels of any others than their Masters Mistresses or Employers they shall incur the same Penalty and Serve the Party injured as aforesaid after their Time expired with their Masters or Mistresses And be it further Enacted by Authority aforesaid That if any Freeman of this Island shall at any time hereafter beget a Woman-Servant with Child he shall upon due Proof thereof made which Proof shall be by the Oath of 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
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
Quarter-Sessions of the Parish where the same Way is as well under his own as the Hand of the Jurors by whose Oath the same as laid out to the end the same may be there Filed or Recorded and after known for a Publick High-way And if the said Surveyor shall neglect his Duty therein he shall forfeit Twenty pounds And be it further Enacted That every Vestry with consent of the Justices may agree for two Years with particular Persons for their Parts and Proportion of the Ways by them to be cleared as also with the Surveyors what part of the Parish they shall look after and such Agreements shall discharge the Parties from other Duties than what is agreed for as also the Surveyor from looking after any other part than what is allotted him and such Justices and Vestry-Men are to Record all their doings touching the Ways in the Vestry-Book which Record in all places shall be deemed good Evidence And the said Surveyors may respectively issue their Warrants to the Constable or Tything-men to warn in Workers or to levy Money according to the Tax or Rate made as aforesaid and whosoever shall fail to send in his proportion of Workers with such Tools as shall be convenient shall for every Head pay three shillings per day upon Conviction to be Recovered before any Justice of the Peace by the Surveyor And if any Justice neglect his Duty touching the Premisses or any part thereof he shall forfeit Ten pounds and every Vestry-man Surveyor Constable Tything-man Juror or Clerk of the Vestry who shall neglect his or their Duty where no Penalty is before set shall respectively forfeit Five pounds for each Offence All which said Forfeitures shall be to the Use of the High-ways and if not exceeding Forty shillings to be Recovered by Action of Debt before any Justice of the Peace if above Forty shillings in any Court of Record where no Essoign Protection or Wager of Law shall be allowed An ACT Appointing the Prices of Meat BE it Enacted and Ordained by Governour Council and Assembly and it is hereby Enacted by the Authority of the same that no Person or Persons upon any pretence whatsoever shall presume to ask demand and receive for fresh Beef Mutton or Goat any more greater or higher rate or price than hereafter is mentioned viz. For fresh Beef or Goat four pence per pound and Mutton six pence to be weighed without the Heads Entrails or Feet and that the Sewet be Sold at no higher Rates than the Meats aforesaid under Penalty of forfeiting Twenty pounds currant Money of this Island for every time they shall take ask or receive any higher price and if any Person or Persons shall refuse to sell any Beef Mutton or Goat by weight he or they for every such Offence shall forfeit Twenty pounds currant Money of this Island And be it further Enacted by the Authority aforesaid that any Person whatsoever that shall destroy any Turtle Nests or take away any of the Eggs thereof upon any Bay or place within this Island where the Turtle shall lay shall forfeit forty shillings currant Money of this Island or receive so many Lashes on the bare Back as any Justice shall Order not exceeding Nine and Thirty for every such Offence The one third part of all the aforesaid Penal Sums of Money shall be to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges thereof one Third to the Church-wardens for the Use of the Parish the other Third to the Informer to be Recovered in any Court of Record within this Island by Bill Plaint or Information in which no Essoign Wager of Law or Protection shall be allowed An ACT Angainst Blasphemy and for preventing Disorders in Ale-Houses Taverns and Victualling-Houses BE it Enacted and Ordained by the Governour Council and Assembly and it is Enacted and Ordained by the Authority of the same That no Person or Persons whatsoever in this Island be enabled to have and receive any License or Licenses from the Governour for the time being to Retail any strong Liquors unless they bring Yearly Certificates under the Hands of two of the Justices of the Peace living in the same Precincts where the said Person keeps or intends to set up his House of Entertainment and have also given good Security in the Secretaries Office of One Hundred Pounds that he shall suffer no Disorders to be committed in his said House or any thing there done contrary to the Laws of England or of this Island and that no Persons whatsoever presume to sell Rum or Rum-punch or any other Mixture of Rum without License first obtained from the Justices in Sessions and Security given to the Clerk of the Peace of the said Precincts under the Penalty of Forty shillings for every such Offence Provided always and it is hereby further Enacted and Ordained That whatsoever Person so Licensed as aforesaid shall Entertain or Receive any one in their Houses to Tipple or Drink in the time of Divine Worship or Service shall forfeit Twenty shillings for every such Offence and the Person or Persons there so found shall pay each of them five shillings both which Forfeitures shall be levyed by Distress by Warrant from any Justice of the Peace within this Island and whosoever shall by Publick and open Profaness or Blasphemy Dishonour Almighty God and be thereof duly Convicted in the Supream Court of Judicature shall be Fined Twenty pounds Currant Money of this Island or more at the Discretion of the Court for every such Offence and that such as are either Servants or not worth so much shall be lyable to such Corporeal Punishment as the Judges shall think meet loss of Life and Limb only excepted And it is further Enacted That if any of the said Persons so having received Licenses as aforesaid shall keep or suffer any Common Gaming in their Houses they shall forfeit Ten pounds Currant Money of this Island and whosoever shall by false Dice or other Fraud or Deceit win any Money or other things shall forfeit treble the value thereof being Convicted by Verdict Confession or otherwise and that no Sum exceeding forty shillings won at any Game or betting on the side of any shall be recoverable and all Bonds Contracts and Securities whatsoever for above the Sum aforesaid won as aforesaid shall be void Provided nevertheless that nothing herein contained shall be deemed or construed to hinder or abridge any Maker of Rum but that by himself Servants or others he may vend and sell the same pure and unmixt any thing in this Act to the contrary in any wise notwithstanding Provided also That the aforesaid Penalties mentioned in this Act and not declared where they shall be Recovered or how Disposed of be one half to Our Soveraign Lord the King for and towards the Support of the Government of this Island and the Contingent Charges thereof the
Party grieved the other by the Owner of the Cattle and the other by the Justice of the Peace and if either of them do not appear or refuse to make their Choice that then in such Case the said Justice shall name two and what Damage shall be done by any Stock in any Plantation so Fenced as aforesaid the said Damage to be Appraised upon the Oath of the said Three Free-holders and the Owners of the said Stock shall pay double the said Damage so committed or done by their Cattle Proof being made appear by the Oath of one or more to be Recovered before any Justice of the Peace if not exceeding Forty shillings if above in any Court of Record by Action of Debt And it is further Enacted and Provided by the Authority aforesaid That no Person or Persons whatsoever shall kill or destroy any Cattle Horse Mare Mule or Asinego but he she or they who shall kill or destroy any of the afore-mentioned Stock shall forfeit for each they shall kill or destroy the Sum of Fifteen pounds currant Mony to be Recovered by Action of Debt in any Court of Record within this Island by the Owner or Proprietor of the said Beast And it is further Enacted by the Authority aforesaid That all Owners of Neat Cattle shall keep one White Man at each respective Pen and at all Pens whereunto belongs above Two hundred Cattle the Owner of such Pen shall keep two White Men upon pain of forfeiting Ten pounds for every White Man that shall be wanting as before for the space of Three Months to be Recovered in any Court of Record by Action of Debt the one half to the Parish for the Use of the Poor the other Moyety to the Informer or him that sues for the same And it is further Enacted by the Authority aforesaid That all Persons and Owners of Cattle that shall fail to Pen their Cattle once in three Nights at the lâ—â—st that all such Cattle doing Damages shall pay double the Damage to be Recovered as aforesaid And it is further Enacted by the Authority aforesaid That all Strays of any sort of Cattle where ever they shall be found and taken up shall belong to the Proprietor of the Ground where they are accustomed to feed Provided the said Proprietor cause the said Stray or Strays to be Cryed by the Common Cryer three distinct Court Days in the Court of the said Precinct describing all the Marks of the said Stray with the Age and Kind and further that the said Proprietors do turn loose again the said Stray to continue in the same feeding Ground where the same was accustomed to feed and tying a Withe about the Neck of the said Stray which shall be a Common Mark for Strays and in that manner to continue one whole Year from the first taking up or Penning of the same Provided further that if in the mean time no Person shall Challenge or Claim the same that then the property of all such Strays remain to the Proprietor of the Ground as before they giving Satisfaction for taking up the said Stray Provided always That this Act extend not to any Ear-marked or Burnt-marked Beast Horse Mare Colt or any other sort of Cattle but all such shall belong to the Owners or Proprietors of the same if Claimed at any time after the expiration of the Year It is further Enacted by the Authority aforesaid That the Clerks of each respective Courts of Record in this Island are hereby empowered to make Entry and Toll any sort of Cattle that shall be Sold from one Person to another taking as near Description of the several Marks Natural or otherwise as can be and vouched by two sufficient Persons known to the Clerk which Entry or Toll shall be good against any former Sale or Bargain or any other Title whatsoever except in all such Cases where the Provost Marshal or his Deputy hath levied the same by Execution and the Clerk of the said Court shall take Twelve pence for each such Entry and for keeping a Record of the same and no more And it is further Enacted by the Authority aforesaid That no Person whatsoever shall presume to carry any Fire or smoak Tobacco in any Savanna or Plantation or High-ways whatsoever under the Penalty of Ten shillings for each time they shall so offend and be further liable to pay all Damages that shall accrue to any Person or Persons by means of the same to be Recovered if not exceeding Forty shillings before any Justice of the Peace if exceeding Forty shillings by Action of Debt in any Court of Record within this Island And if the Person so offending be not able to make Satisfaction then the said Person shall be Whipped for every such offence at the Discretion of any one Justice of the Peace Provided That this Clause extend not to Owners of Land to carry Fire in their own Plantations or burn their own Savanna yet to be liable as before if thereby they injure or burn any other Persons Savannas or Plantations and that all Penalties for carrying of Fire shall belong to the Person that sues for the same And whereas it is found by Experience that several Common Drivers of Cattle or Horse-catchers do frequently Ride and drive Gangs of Mares and other Cattle from off their own Feeding Ground or Pasture whereby those that are big cast their Young and Young ones are often separated from their Dams and do likewise often deface the Marks of such Cattle and Horses or new Mark them for themselves or others with wrong Marks to the great Damage of all such Proprietors for prevention whereof Be it further Enacted by the Authority aforesaid That no Person or Persons whatsoever shall hereafter presume to drive or ride in any Savanna as a Common Horse-catcher after any Horses or Mares without having first given Security for their Honesty and obtained leave from the Proprietor or Proprietors of such Savanna's or the Major part of them under the Penalty of Twenty pounds to be Recovered as aforesaid one third part whereof shall be to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges of the same one third part to the Proprietor or Proprietors of such Savanna's where the Offence shall be committed the remaining third to the Informer or he that shall sue for the same And it is further Enacted by the Authority aforesaid That if any such Common Driver or Horse-catcher or any other Person employed by or for him or them shall presume to Sell or Barter any Horse Mare or Colt or other Cattle but such as he shall bring two sufficient Free-holders of the place where he doth Inhabit or other good sufficient Evidence to vouch before the Clerk of some Court of Record within the Precincts where they shall be Sold or Bartered as aforesaid that he bred them or otherwise came Lawfully possessed of them
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
Impowering him or them to Levy the said Tax and upon refusal to Distrain and Sell by Publick Outcry as aforesaid any thing in this Act seeming to the contrary notwithstanding And be it further Enacted and Ordained by the Authority aforesaid That the Justices and Vestry-men of each Parish have full Power to enquire into Arrears of former Subscriptions and Taxes and to Levy the same Arrears by Warrant from the Justices to the Constables aforesaid and that the Minister demand no Fee in his own Parish for Christnings Marriages Churchings or Buryals under the Penalty of five Pounds for every offence unless such as the Justices and Vestry-men shall allow any Law Custom or usage to the contrary notwithstanding the one half of all which Forfeitures shall be to the Poor of the Parish and the other Moyety to him or them that shall sue for the same in any Court of Record within this Island And forasmuch as many Persons who may by Vertue of this Act and the Act for mending and repairing the High-ways be Taxed and have nothing in the Parish where they are Taxed upon which any Distress may be made It is therefore Enacted and Ordained by the Authority aforesaid That in such Cases from and after the making hereof an Action of Debt shall lye in any Court of Record or before any Justice of the Peace as in other Debts for the several Church-Wardens and Surveyors of each Respective Parish and their Successors to recover against any of the said Persons Rated or Assessed by vertue of this Act or any of them or their Agents or Attorneys here all such Sum and Sums of Mony as are or shall be rated or assessed upon them as aforesaid And that the same Rate or Assessment produced in such Court of Record or before such Justice of the Peace as aforesaid shall be sufficient Evidence and proof for the recovery of all such Sum or Sums of Mony so Rated or Assessed as aforesaid Provided nevertheless and it is the true intent and meaning hereof That no Justices of the Peace and Vestry-men shall have power to assess any such Person or Persons as aforesaid above the Sum of one shilling Per Annum and for every hundred Acres of Land and so proportionable for a greater or lesser quantity And it is hereby further Enacted and Ordained by the Authority aforesaid That any Person or Persons aggrieved or Rated in any such Assessment or Tax have hereby liberty granted to Appeal to the Justices siting in the Quarter Sessions in their Respective Precincts in this Island Provided that such Appeal to them be made at the first or second Quarter Sessions after such Taxes made and not afterwards and that there it Appearing to the said Justices that he she or they were Over-rated Taxed or Assessed the said Justices are hereby Authorized and Impowered if they find him her or them so Over-rated or Assessed to ease him her or them as to their discretion shall seem meet but that no Appeal shall lye further or to any other Court or Place in this Island for any Tax or Rate made or Assessed by the Justices and Vestry-men of each respective Parish in this Island any Law Custom or Usage to the contrary in any wise notwithstanding And be it further Enacted and Ordained by the Authority aforesaid That the Church-wardens of each respective Parish within this Island do buy or cause to be bought one Fair well bound Book wherein the Minister and in case there be no Minister there resident the Respective Church-Wardens upon notice thereof given by the Masters of the several Families who are hereby required to give such notice under the Penalty of five Pounds shall Register or cause to be Registred by the Clark of the Vestry of that Parish the Times of the Births Christnings Marriages and Burials of all such Person or Persons that shall from time to time be Born Christned Marryed or Buried within the said Parish under the Penalty of five Pounds for every such Default And that the said Clark or Person that shall Register the same shall have and receive as a Fee for each Entry Fifteen Pence and no more And it is hereby further Enacted by the Authority aforesaid That all such entries duly made and kept as aforesaid shall at all times hereafter be Deemed Judged and taken as an Authentique Record of all such Births Christnings Marriages and Burials and in all and every the Courts of Records in this Island But if any Person hereby Authorized to make such Entry or any other whatsoever shall make or cause to be made any false Entry or shall raze our or Imbezel any Entry or Books of Entry he or they so offending shall be proceeded against and Punished in manner and form as the Laws of England provide against such as Steal Raze or Imbezel Records The one Moyety of all which Forfeitures or Penalties or any other mentioned in this Act and not directed how to be disposed of shall be to the Poor of the Parish where the fault is committed the other Moyety or half part to the Informer to be recovered by Bill Plaint or Information in any of his Majesties Courts of Record in this Island wherein no Wager of Law Essoin Protection or Injunction shall be allowed any thing in this Act or in any other Act to the contrary in any wise notwithstanding And be it further Enacted and Ordained by the Authority aforesaid That the Parish of Port-Royal do allow and Pay unto the Minister thereof two Hundred and fifty Pounds Per Annum of Currant Mony of this Island and that the Parish of St. Catharines do allow and pay unto the Ministers thereof One Hundred and forty Pounds of the like Mony Per Annum and not less And that the Parish of St. Thomas St. Andrews and St. Johns do allow and pay unto their Respective Ministers One Hundred Pounds of like mony Per Annum and that all the other Parishes within this His Majesties Island that either have or shall have a Minister do allow and pay Eighty Pounds Currant Mony and not less as a constant Yearly Salary for the support and Maintenance of every of their Ministers to be Paid at their Respective dwelling Houses every six Months without any Charge or defalcation by equal Portions and none to be Capable of being presented to the said Benefices or receiving the Profits of the same unless they produce due Testimonials that they are qualified according to the Canons of the Church of England by having taken Deacon and Priests Orders and the said Testimonials to be Recorded in the Secretaries Office And be it further Enacted and Declared by the Authority aforesaid That no Minister not duly qualified as aforesaid Presume to Marry any Person or Persons whatsoever under the Penalty of one Hundred Pounds Currant Mony of this Island one third 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 to the Poor of the Parish where the offence shall be committed and the other part to him or them that shall Sue for the same in any of the Courts of Records within this Island and that no Minister presume to Marry any Persons whose Banes have not been Published three times in their Parish Church or have a Licence from the Governour or Commander in Chief for the time being Authorizing him thereunto under the like Penalty and to the same uses to be recovered as asoresaid or twelve Months Imprisonment Provided always and it is the true intent and meaning of this Act That no Ecclesiastical Law or Jurisdiction shall have Power to Inforce Confirm or Establish any penal Mulcts or Punishment in any case whatsoever any thing in this Act or any other to the contrary notwithstanding And whereas this Island in the twenty ninth Year of his Majesties Reign by an Act of this Country was divided into fifteen Parishes which were called distinguished and known by several names hereafter mentioned that is to say St. Thomas St. Davids Port-Royal St. Andrews St. Katharines St. Dorothy's St. Thomas in the Valley Clarendon Vere St. Johns St. Georges St. Maries St. Anns St. James St. Elizabeths Be it therefore Enacted and Ordained by the Authority aforesaid That all and every of the said several Parishes rest remain and for ever hereafter be distinguished and known by the aforesaid respective Names and by no other whatsoever any thing in this or any other Law to the contrary notwithstanding An ACT Ascertaining the Value of Foreign Coins and Establishing Interest BE it Enacted by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same That each single Spanish Dubloon or French Pistol shall be currant and pass for twenty Shillings Currant Mony each single Piece of Sevil Mexico or Piller and each French Crown at five shillings Currant Mony a Peru Piece of Eight at Four shillings and all Monies whatsoever of those Coins aforesaid shall in all Payments whatsoever be proportionably rated any Law Custom or Usage to the contrary notwithstanding That whosoever shall for base lucre by any way or means Coyn Falsify Impair Diminish Seal Wash Clip File or Lighten any of the Mony aforesaid or any other Mony Currant in this Island shall be guilty of High Treason any Law Custom or Usage to the contrary notwithstanding And it is further Enacted and Declared by the Authority aforesaid that from and after the twentieth day of July in the Year of our Lord one Thousand six hundred eighty and one no Person or Persons whatsoever upon any Contract made or to be made shall directly or indirectly take for the Loan of any Monies above the Value of Ten pounds Currant Mony for the forbearance of One Hundred Pounds Currant Mony for one Year and so after the rate for a greater or lesser Sum for a longer or shorter time which said Interest is hereby declared to be only recoverable upon Penal Bonds and Mortgages That all Bonds Contracts and Assurances whatsoever made hereafter for the Payment of any Principal Mony to be lent on Usury whereupon or whereby there shall be received or taken above the Rates of Ten Pounds Currant mony in the Hundred as aforesaid shall be utterly Void and that all and every Person or Persons whatsoever who shall hereafter upon any Contract to be made take accept or receive by any way or means or Corrupt Bargain Loan or Exchange Shift or Interest of any Moneys or by deceipt or any other Fraudulent Conveyance for forbearance or giving day of Payment for one whole Year or in proportion for a longer or shorter time for their Monies the Sum of Ten Pounds Currant Mony aforesaid shall Forfeit and lose for every such his or their Offence treble the Value of the Mony lent or bargained for by any way or means whatsoever One Moyety of which Forfeitures shall be to Our Soveraign Lord the King his Heirs and Successors for and towards the support of the Government of this Island and the Contingent Charges thereof the other Moyety to him or them 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 whereas certain evil disposed Goldsmiths deceitfully do make and sell Plate and other Gold and Silver Wares to the great Defrauding of his Majesties Subjects of this Island for remedy whereof Be it Enacted by the Authority aforesaid That no Goldsmith or Worker in Gold or Silver within this Island from and after the first day of August in the Year of our Lord One Thousand Six Hundred Eighty and One shall Work Sell Exchange or cause to be Wrought Sold or Exchanged any Plate or other Goldsmiths Ware of Gold less in fineness than twenty two Carrats and that from the time aforesaid no Goldsmith or Worker in Gold or Silver shall Make Sell or Exchange in any place within this Island any Plate or Goldsmiths Wares of Silver less in fineness than that of Eleven Ounces two Penny weight and that no Goldsmith or Worker in Gold or Silver shall presume to put to Sale Exchange or Sell any Plate of Goldsmiths work of Gold or Silver before he hath set his own Mark to so much thereof as may conveniently bear the same upon pain of Forfeiting the Value of the thing so Sold or Exchanged And be it further Enacted and Ordained by the Authority aforesaid That whatsoever Goldsmith or Worker in Gold or Silver as aforesaid from and after the said first day of August shall presume to Sell or Exchange any Gold or Silver Wares of less fineness than aforesaid for every such first offence shall forfeit treble the Value of the said Wares so Sold or Exchanged one half whereof shall be to our Soveraign Lord the King his Heirs and Successors for and towards the support of the Government of this Island and the Contingent Charges thereof and the other half to the Party aggrieved to be recovered in manner and form aforesaid and whosoever shall offend the Second time and thereof be convicted shall stand in the Pillory for the space of one Hour and lose his Ears for the same An ACT For the better Securing certain Titles made by way of Release and Confirmation under the Great Seal of this Island WHereas Nicholas Keen and John Duray Late of this Island Died Aliens or otherwise Incapable by Law to make any good Devise or other Conveyance of such Real Estate as they or either of them Dyed Seized of in this Island And forasmuch as Redman Macragh Claiming under one Dennis Macragh Deceased who Claimed under the last Will and Testament of the said Nicholas Keen hath as well through his own Industry and Expence as the great Charge and Hazard of the said Dennis very Considerably Improved the said Estate of the said Nicholas Keen And that Samuuel Bradway
and Articles the Commander in Chief with Advice of a General Council of War is to make and Establish and the Commanders of the several Regiments to give out Copies of the said Articles unto their respective Officers that the same may be publickly read once every Six Months unto the Souldiers whilst they are in Arms that all Persons may the better know and observe their Duties and if it shall happen that any of the Officers or Souldiers shall when they are out of Arms endeavour to take revenge by force for any thing his or their Superiour Officers Lawfully did in pursuance of his or their duty and this Act the said Officers and Souldiers shall be brought to a Court Marshal and there punished as if the offence had been done in time of Service or Exercise Provided that the said Punishment do not Extend to Life or Limb. And be it further Enacted by the Authority aforesaid That once every Year or oftener if thereunto commanded each particular Captain shall give to his Field Officer and the Field Officer to the Commander in Chief fair Written Rolls of their respective Companies and Regiments and if any Field Officer Captain or other Inferior Officer or Souldier shall neglect or contemn performing the Lawful Commands of their respective Superiour Officers he or they shall be punished by Fine Casheering or Punishment according to the Discretion of a Court Marshal which the Commander in Chief is to appoint and Establish and the Orders of the said Court Martial are hereby declared to be Binding in all Military Affairs And if any Person upon any Invasion or other Publique Military Service be Wounded or Disabled he shall be Cured and Maintained out of the Publique Revenue and if any Person whatsoever shall be Sued Molested or Impleaded for any thing Lawfully commanded in the Execution and Pursuance of this present Act he shall plead the General Issue and give this Act in Evidence and shall thereupon if found for him recover Costs of Suit and treble Damages And be it further Enacted by the Authority aforesaid That upon every Apprehension and appearance of any Publique danger or Invasion the Commander in Chief do forthwith call a Council of War and with their Advice and Consent cause and Command the Articles of War to be Proclaimed at Port-Royal and St. Jago de la Vega from which said Publication the Martial Law is to be in Force that then it shall and may be Lawful for the said Commander in Chief to Command the Persons of any of His Majesties Leige People as also their Negroes Horses and Cattle for all such Services as may be for the Publick Defence and to pull down Houses Cut down Timber command Ships and Boats and Generally to Act and do with all full Power and Authority all such things as he and the said Council of War shall think Necessary and Expedient for His Majesties Service and Defence of this Island Provided always and it is the true Intent and meaning of this Act that as soon as the Common Law revives and is in Force the said Negroes Servants Cattles Ships or Boats so Imployed as aforesaid be immediatly discharged and to the end it may be certainly known when the Martial Law ceaseth and the Common Law taketh place It is hereby declared that upon Lodging the Colours and discharging the Soldiers from their Arms the Martial Law ceaseth and the Common Law revives and taketh place Provided also that the Martial or his Deputy shall not presume to arrest any such Souldier within one Month after every such discharge nor in the time of his going or coming to or from the place of Exercise or Rendevous under the Penalty of Ten pounds and of being further lyable to an Action of false Imprisonment and in case of any such Arrest it shall be Lawful for the respective Captain or other Commission Officer to release any of his or their Souldiers so Arrested And it is hereby further Enacted and Ordained by the Authority aforesaid That if upon any Alarm or Invasion any Person or Persons whatsoever shall suffer either by the Landing of an Enemy or drawing together His Majesties Forces of this Island all such Damage or Damages whether in Servants Negroes Horses Cattel or in the Labour of any of them or in the expence of Provision or by Fire or by any other Loss whatsoever that may Accrue by the means aforesaid that then upon due application and Proof thereof made unto the Governour and Council the said Damages shall be reasonably Valued and forthwith payd out of the Publick Revenue and that if there be no Mony there the Governour and commander in Chief do forthwith call an Assembly and recommend to them all Cases of the like Nature so that Mony may be Legally raised for the Publick Disbursements and every one receive just and equal satisfaction for their losses Provided always and it is hereby Enacted and declared by the Authority aforesaid That the several Fines and Forfeitures Mentioned in this Act and not Declared in what manner they shall be recovered and how disposed of that all such as do Relate to any Person under the degree of a Captain shall be to the respective Captains to Defray the Charge of their Companies or Troops and to be Levyed before the next Exercising day by distress and Sale of the Oftenders Goods by the Captains Warrant to the Serjeant or Corporal and if no Distress be found the Punishment to be by Ryding the Wooden Horse or being tyed Neck and Heels not exceeding an Hour at the discretion of their Officer but if the offender be a Servanâ— the Owners Goods shall be lyable to the Distresses and Sales as aforesaid so that Satisfaction may be made and for all other Penalties mentioned in this Act the same shall be levyed by Distress and Sale of the offenders Goods and Chattels by the Provost Marshal by Warrant from the Commander in Chief one half thereof shall be to Our Soveraign Lord the King His. Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges thereof and the other half to the Informer And be it further Enacted by the Authority aforesaid That it shall and may be Lawful for any Commission Officer belonging to the Regiment on Port-Royal under the degree of a Captain in the absence of the said Captain from of the Point to Grant Warrants of distress against any Persons whatsoever that shall Absent themselves from their Duty on the night Guards without sending a sufficient Person to serve and Watch in their Stead which said Warrants so Granted shall be as Effectual to all Intents and purposes whatsoever as if they or any of them had been granted by the Captains themselves And be it likewise Enacted by the Authority aforesaid That no Wherry Ships Boat or Canoa shall at any time pass the Fort at Port-Royal under the Penalty of Twenty Shillings to be recovered by Warrant from any
any Court of Record within this Island by Bill Plaint or Information wherein no Essoin Protection Wager of Law or Non vult ulterius prosequi shall be admitted or allowed any thing in this Act or any other seeming to the contrary notwithstanding And that the said Collector Receiver or his Deputy shall not at any time hereafter upon any pretence whatsoever pay the said One Thousand Pounds per Annum or any part or parcel thereof or any other Sum or Sums of Money whatsoever arising from the Quit-Rents or by Vertue of this Act unless he or they shall first have or receive for his or their Authority a Warrant under the Hand and Seal of the Governour or Commander in Chief for the time being with the Advice and Consent of the Council expressing the Sum to be paid and the end and purpose whereunto the same is or shall be applied And in case the Collector Receiver-General or his Deputy shall contrary to the true intent and meaning hereof pay any Sum or Sums of Money whatsoever or if any other person or persons whatsoever shall misapply any of the Moneys so as aforesaid appropriated contrary to the true intent and meaning of this Act the Offender or Offenders shall forfeit and pay treble the Sum by him or them so paid or misapplied Be it further Enacted by the Authority aforesaid That all Forfeitures and Penalties mentioned in this Act and not declared how they shall be disposed of and in what manner to be recovered shall be one half to our Sovereign Lord the King His Heirs and Successors for and towards the Support of the Government of this Island and the contingent Charges thereof and the other half to the Informer to be recovered by Bill Plaint or Information in any Court of Record within this Island wherein no Essoin Protection Wager of Law Non vult ulterius prosequi or Injunction shall be allowed any thing in this Act or any other to the contrary in any wise notwithstanding And it is hereby Enacted and Declared by the Authority aforesaid That from and after the First day of this present October an Act intituled An Act for Raising a Publick Impost made at an Assembly held at the Town of St. Jago de la Vega the Fourth day of October in the Three and thirtieth Year of His Majesty's Reign that now is and all and every Clause and Clauses therein contained be and are hereby repealed to all intents and purposes whatsoever And it is hereby Enacted and Declared by the Authority aforesaid That this present Act remain and continue in force for the Term of Seven Years and no longer WHich Laws having upon the perusal of the Right Honourable the Lords of the Committee of Trade and Foreign Plantations been presented to His Majesty at this Board His Majesty was graciously pleased with the Advice of His Privy Council to approve and confirm the same for the space of Seven Years to commence from the First of October last preceding the Date hereof And pursuant to His Royal Pleasure thereupon signisied and expressed the said Laws are hereby approved and consirmed for the space of Seven Years accordingly John Nicholas FINIS LAW-BOOKS Printed for or Sold by Charles Harper at the Flower-de-Luce over against St. Dunstan's-Church in Fleet-street Folio Law THe Statutes at large from Magna Charta to this present Year 1682. in Paragraphs and Sections with References to the Books of the Law and an exact Table By Joseph Keble of Gray's-Inn Esq in folio An Assistance to Justices of the Peace for the easier performance of their Duty The first Part thereof being a Collection of all the particular Clauses of Statutes from Magna Charta to this time that does any ways concern Juslices of the Peace In the other Part the whole Office of a Justice is methodically digested with the newest and most approved Presidents under proper Heads the whole accommodated to present use By Joseph Keble of Gray's-Inn Esq A Collection of Entries c By William Rastal fol. The Lord Coke's Book of Entries His Commentary on Littleton being the first Part of the Institutes His Commentary on Magna Charta c. or the 2 d Part of the Institutes His Pleas of the Crown or 3d. Part of the Institutes His Jurisdiction of Courts or 4th Part of the Institutes His 11 Reports in French with a Table and the 12th and 13th in English His 11 Reports compleat in English with a Table An Abridgment of Cases and Resolutions of Law contained as well in the Law-Books Statutes and Records as of modern Judgments in the Courts of Westminster By H. Roll Serjeant at Law Published by the L. C. J. Hales The Year Books in to Volumes the last Edition with new Notes and Tables to them all Origines Juridiciales oran Account of the English Laws Courts of Justice Forms of Tryal Punishment in Cases Criminal Law-Writers Law-Books Grants and Settlements of Estates c. Also a Chronology of the Lord Chancellors Keepers Treasurers Justices Itinerant Judges Barons Masters of the Rolls Kings Attorneys and Sollicitors and Serjeants at Law By Sir William Dugdale Kt. The Law of Common Assurances touching Deeds in general viz. Feoffinents Gifts Grants Leases with two Alphabetical Tables By William Sheppard Esq The Country Justice containing the Practice of the Justices of the Peace as well in as out of Sessions By M. Dalton with large Additions printed 1682. Modern Reports By William Style of the Inner-Temple Esq Actions for Slanders By William Sheppard Esq Reports of H. Roll Serj. at Law in two Volumes in the Kings-Bench in the time of King James Prynn's Animadversions on the Lord Coke's 4th Institutes Sir Henry Yelverton's Reports in the King-Bench in the time of Queen Elizabeth and King James Published by Judge Wilde The Reports of Sir John Davies with a Table The Reports of the learned Judge Sir Henry Hobart The fourth Edition corrected and amended The Reports of Sir George Crook Kt. in the time of Q. Elizabeth K. James and K. Charles the First Collected in French by himself revised and published in English by Sir Harbottle Grimstone Master of the Rolls the third Edition in three Volumes This Book is now reprinted with References to all the late Reports Reports in the Kings-Bench in the time of King Charles the First By Jo. Latch of the Middle-Temple Reports of the late Reverend Judge Th. Owen Esq one of the Justices of the Common Pleas with Tables Reports and Arguments in the time of K. Charles the Second of that learned Judge Sir Jo. Vaughan lato Chief Justice of the Common Pleas. The Reports of Sir James Dyer in the time of H. S. Ed. 6. Phil. and Mary and Q. Elix with a Table The Reports of the Lord Keeper Littleton in the time of King Charles the First with Tables The Office and Authority of Sheriffs gathered out of the Statutes and Books of the Common Law Corrected and very much enlarged by Mich. Dalton with