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A46390 The laws of Jamaica passed by the assembly, and confirmed by His majesty in council, Feb. 23. 1683 : to which is added, A short account of the island and government thereof, with an exact map of the island.; Laws, etc. Jamaica.; Hanson, Francis. 1683 (1683) Wing J124; ESTC R8077 81,296 288

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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
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
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