THE LAWS OF BARBADOS, COLLECTED In One Volume, BY William Rawlin, of the Middle-Temple, London, Esquire. AND NOW Clerk of the Assembly OF THE SAID ISLAND. LONDON, Printed for William Rawlin, Esq. in the Year MDCXCIX. TO HIS EXCELLENCY THE HONOURABLE Ralph Grey, Esq. Captain General and Chief Governor of the Island of Barbados, Sanctaluzia, St. Vincents, Dominico and the rest of His Majesty's Islands, Colonies and Plantations in America, known by the Name of the Charibbee-Islands, lying and being to Windward of Guardaloup; with the Honourable the Members of his Majesty's Council, viz. The HONOURABLE Francis Bond, Esquire, late Precedent. Esquires. John Gibbs, John Farmer, George Lillington, George Andrews, William Sharp, Tobias Frere, Michael Terrill, David Ramsay, Richard Scot, Benjamin Cryer, Richard Walter, Thomas Merrick. AND The Honourable Thomas Maxwell, Esq Speaker, With the rest of the Worshipful Gentlemen of the present General Assembly; viz. For the PRECINCTS of St. Michael, Mayor George Peers, Esq. William Wheeler, Esq. For the PRECINCTS of , Thomas Maxwell, Esq. Daniel Hooper, Esq. St. Philip's, William Fortescue, Esq. Henry Markland, Esq. St. John, John Lesslie, Esq. James Colleton, Esq. St. George, Peter Flewellin, Esq. Miles Toppin, Esq. St. Joseph, John Holder, Esq. Henry Gallop, Esq. St. Andrews, William Cleeland, Esq. William Doten, Esq. St. James, Abel Alleyne, Esq. William Holder, Esq. St. Thomas, Thomas Sadleir, Esq. Jonathan Downes, Esq. St. Peter, Samuel Maynard, Esq. Robert Harrison, Esq. St. Lucyes, John Gibbs, Esq. Thomas English, Esq. SIRS, THE Favours that I have received from Your Excellency since Your Accession to this Government, and from You the Honourable Members of His Majesty's Council here, as also from You the Worthy and Worshipful Representatives of the People in our General Assembly, and from the Inhabitants of this Island in general, have been so many and Eminent, that I cannot but be truly sensible they exceed all possibility of a just Compensation. Nor do I presume that the Compilement of this Tract of the LAWS (now in all humility dedicated to Your Excellency, Council and General Assembly) ought in any measure to be esteemed worthy to be taken as any part of a Retribution. Nor did I attempt this Work upon any such Motive, but purely that I was convinced that every Man is a Debtor to his Country and Profession; and therefore could not but think myself obliged in Duty to exert my utmost Efforts in some Service for the good of this Island, as lay most proper for my Post and Profession, of which I conjectured, that a Collection of the LAWS would be most acceptable, especially considering the numerous Disadvantages daily suffered for want of it. But as the many Attempts formerly without Effects made towards such a Collection, convincingly showed the difficulty of the Task, so it did as manifestly declare the general Benefit that was aimed at, and expected from such a Performance, and thereby confirmed me in my former Opinion, and encouraged me to offer some Intimations of such my Purposes and Designations to the Assembly; which found such an Acceptation, as easily convinced me that I could not better acquit myself of my Duty, than by a Tender of my Endeavours in that Service, whose good Opinion of my poor Abilities, and obliging Commands chief induced me to this Undertaking. Though I am sufficiently conscious I am not par Operi, yet hope this well intended Enterprise will give Life and Encouragement to some Abler Person to give it a finishing Stroke, and bring it to Perfection for the Benefit of this Place and Island, that hath produced and raised many great Estates to several Merchants, Mariners and Traders hither; and also considerable and great Revenues to His Sacred Majesty, and which on a calm Enquiry into, and serious Consideration of the Customs it payeth for its own Native Commodities Exported hence, the increase of English Trade and Navigation it causeth, the Seamen it thereby breedeth, the Consumption of Goods of English Growth it maketh, will not be found lesle advantageous to the Crown of England than the best of His Majesty's American Colonies. This may be a sufficient Reason to hope, that since His Gracious Majesty hath been pleased to grant the Power of making LAWS proper for the Constitution of this Island, consonant and agreeable (as near as may be) to the LAWS of his Kingdom of England; That He will also from Your Excellency's Recommendation, extend His wont Especial Grace and Favour to Us in the passing the Act for the Printing and Establishing of this Collection, which being intended for the Press, hath received a strict and full Examination (that it might be Correct) on the Oath as well of the Clerk of the Council from the Records there, and the Clerk of the Assembly from the Records of that House; and also of a Committee of the General Assembly, with the Inspection and Approbation of the Honourable Francis Bond, late Precedent, and Honourable the Members of His Majesty's Council here, with the Attorney and Solicitor General, and now an Authority for its Impression, by Your Excellency's passing the Bill for that purpose. This once Flourishing (but alas! now Withering) Isle, being blest with Your Excellency's Auspicious Presence, cannot but with all Duty and Loyalty rejoice in His Majesty's great Goodness to, and abundant Care of her, in his Election and Mission of a Person of Your Birth, Honour and Dignity to Govern her, whose chief Delight consists in an equal distribution of Justice, and a lively and impartial Execution of His Majesty's LAWS, and must eternally be obliged with the utmost Gratitude, to acknowledge the Blessing she hath already received from Your Indulgence and Care. You have already opened the long barred Gates of her Rights and Privileges, restored her Ancient Charter, and given a new Life to her Laws. You have prescribed and reconciled our late Animosities and Discords, and happily settled Love and Union throughout Your Government, which seems Paternal, and Our Obedience to Your Excellency, bottomed rightly on Love, not (according to the Dreams and Conceits of the Hobbists) upon Fear. So that I cannot omit doing Your Excellency that Justice, as to declare, You have imitated the most eminent and greatest Examples, viz. Our Illustrious Edward, and Glorious Elizabeth, as well as the Learned and Great Justinian; and therefore may justly be said to be the Life of our Laws, as well as a Pattern of Virtue and Honour. Nor is Your Excellency's high Care and Regard to the Royal Prerogative lesle observable, by which means You may the Jure claim (because you merit) the Dignity and Authority His Majesty hath with so much Wisdom and Judgement conferred on You. 'Tis not any Thoughts I have of my own Performance, that tempted me to the Arrogance of prefixing Your Excellency's Name, together with those of the Honourable Council, and General Assembly, to this Treatise, but the Nature and Dignity of the Subject Matter. For who should more rightfully Patronise the LAWS, than those that gave them Being and Birth, and who preserve them by an equal and warm Execution? How excellently fitted and adapted these LAWS are to the good Government of this Place, the many Years we have lived quietly, happily and securely under their Directions and Injunctions, will give a most convincing Testimony, and irrefragable Argument, so as they may not improperly be called as well the Walls of the Colony as of Justice. LAWS are described by Cicero, de Legibus, to be the highest or chiefest Reason grafted in Nature, commanding the things that are to be done, and forbidding the contrary: And Fortescue speaking of the Statute Laws, gives them this Encomiastic Definition, Lex est Sanctio Sancta, jubens honesta, & prohibens contraria; they are truly the universal Suffrages of Nature propagating Good, and impeading Evil. Without such, Virtue would be without Reward, and Vice without Punishment. LAW is as the Soul in Government, that giveth it Life and Form, and is certainly the best Guard, as well of the King's Prerogative, as of the People's Darlings, Liberty and Property. The greatest Strength of Kingdoms, consists in the goodness of their LAWS, they being the Nerves of the Body Politic, and are both Rules and Curbs to the Ministers of Justice, to direct and keep them in the Paths of Honour and Righteousness, and prevent all Arbitrariness in them, (whose Province it should be to distribute Right, equally to Rich and Poor) and their Officers. Infinite are the Benefits which accrue to those that are Partakers of Good Laws; by which, Omne humanum Bonum, our Lives and Fortunes are preserved from Oppression and Absolute Power, our Possessions secured to Posterity, and we in this delightful Island made safe and happy. King Edgar collected the Laws of his Kingdom, and gave them the Strength of a Faggot bound, when as before his time they were lose and dispersed. This gave him more Glory than the Sailing round his Island with a potent Fleet rowed by conquered Kings; and was the greatest Action of him or his Predecessors for the Good of his Subjects, the Benefit whereof hath even reached this Age, and encouraged us to follow his glorious Example, by gathering together, and methodizing the lose and scattered Laws into one Body, which is done in this Collection, the advantage of which, will (I doubt not) be largely experienced in a short time by all the Inhabitants, and may be of signal Use to all Merchants, Mariners and Traders hither, particularly to the Professors and Practisers of the Law in England, who have formerly wanted them as Directions in Cases upon which their Judgements have been required. And as our Laws are to be valued and preserved as our chiefest Jewel, so in the framing them, the greatest Care, Prudence and Consideration ought to be had, that they be grounded on true and loyal Principles, always respecting and promoting what is right and just. Not private Interest but the Common Good, should be the end and motive of their Constitution; they should also have the duos Sales the Lord Cook mentions as their necessary Ingredients, viz. Salem Sapientiae, ne sint insipidae, & Salem Conscientiae, ne sint Diabolicae. They should also increase rather in Goodness than in Number, which naturally produceth Amazement and Confusion, if not Discord. For the Government wherein an unanimous Accordance happens, is like a well furnished Choir, where all the Actions, Words and Various Sounds, yield and maintain a glorious Harmony. Thus it is evident how great the Benefits are which we receive constantly by good Laws; and thus it is also evident, that the want of such Laws, or a lively Execution of them, is inconsistent with the true Interest of Mankind, Men without Government being worse than Beasts, as having greater means by the advantage of their depraved Reason to do more (yea and more) superlative Mischiefs, when let lose to the Dictates of their Will, such as Rebellion, Murder, Rapines, etc. But as the Miseries and Misfortunes are innumerable, which attend a People that have no Laws, so the Unhappiness of those who have good Ones is not much lesle, if they be kept from public View and general Use; for in such Case, what shall direct them to their several Duties? what encourage Obedience, what affright them from Obliquities and Transgressions? To obviate and remove all which Evils and Inconveniences, is the prime End and Design of the Publication of this Tract. I fear I have too much trespassed on Your Patience, and by this long Harangue, rudely invaded those Minutes which You know how much better to dispose of, therefore will detain You not longer, but to submit this Piece (such as it is) to Your Excellency's, and the Honourable and Worshipful gentlemen's Patronage, with a Duty and Devotion becoming SIRS, Your Most Obedient And Most Humble Servant, WILLIAM RAWLIN. AN ADVERTISEMENT TO THE READER. Courteous Reader, TO the LAWS of general Concernment now in Force, and Printed at large in this Tract, I have added the CONTENTS of several Branches in the Margin, which may serve as an Abridgement of the whole. But of those which concern Private Persons or Matters, or are become Obsolete or Expired, I have only Printed their respective Titles in due place; so as (if occasion should hap) Recourse may be had to the Records in the Offices of this Island for them. A TABLE OF THE Laws of Barbados. A. Act. Claus. Pag. PLeas in Abatement, how and when to be pleaded; Abatement. Vide Act for Establishment of the Courts of Common Pleas. An Act for the farther Accommodation of his Excellency in his intended Voyage, 293 147 Accommodation. An Act appointing a Committee for settling the public Accounts, 80 65 Accounts An Act to continued the Committee of public Accounts, 96 73 An Act appointing a Committee for settling the public Accounts, 110 81 An Act about the public Accounts, 125 87 An Act about the public Accounts and Revenues, 134 90 An Additional Act for the farther continuance of the Authority of Commissioners for settling public Accounts, 136 ib. The like Act, 155 101 An Act for the public Accounts, 161 192 An Act to empower the Committee of Accounts for the payment of Witherinton's Disbursement, 164 103 An Additional Act for settling the public Accounts, 177 115 The like Act, 179 ib. The like Act, 184 116 The like Act, 190 117 The like Act, 192 119 The like Act, 196 120 An Act to revive an Act, appointing a Committee for settling the public Accounts of this Island, 204 122 An Act appointing a Committee for settling Public Accounts, 241 133 An Act to revive and continued an Act, appointing a Committee for settling the public Accounts of this Island, 255 138 The like Act, 262 139 An Act to continued an Act, appointing a Committee for settling the public Accounts of this Island, 267 142 The like Act, 270 ib. The like Act, 278 143 An Act appointing a Committee for settling the public Accounts of this Island, 291 147 An Act to revive and continued an Act, appointing a Committee for settling the public Accounts of this Island, 294 ib. An Act for adding some new Commissioners for settling the Accounts of the late Expedition, 392 191 An Act impowering the Committee of public Accounts to collect the Arrears of Labourers, 304 152 The like Act, 315 153 An Act appointing a Committee for settling the public Accounts of this Island, 398 191 The like Act, 413 195 An Act for settling the public Accounts of this Island, 315 153 An Act to revive and continued an Act for settling the public Accounts of this Island, 324 155 The like Act, 344 172 An Act appointing a Committee for settling public Accounts, 354 176 The like Act, 370 181 The like Act, 388 190 Actions. An Act appointing Bench Actions, etc. 1000 lb. Sugar, 50 lb. Cotton, or Eight Pound Sterling, to be sued for by Bench Action, 128 87 The Form of such Actions, 1 Clerks and Marshals Fees, 2 Judgement the third Court, ib. Acts. All Acts in force to be observed, 30 44 An Act for the continuance of divers Acts of this Island, 216 127 An Act to revive and continued divers Acts of this Island, 249 134 An Act to revive and continued divers Acts of this Island, 268 142 An Act to revive and continued divers Acts of this Island, 271 ib. An Act to revive and continued divers Acts of this Island, 275 143 An Act to revive and continued divers Acts of this Island, 311 153 An Act to revive and continued divers Acts of this Island, 317 154 An Act to revive and continued divers Acts of this Island, 322 ib. An Act to revive and continued divers Acts of this Island, 328 156 Agents. An Act declaring in what manner the Salary and Expenses of Edward Littleton and William Bridges Esq. Agents in England, shall be appointed for soliciting the Affairs of this Island, 408 193 Alarms. Vide Militia. Alienation. By Feme Covert, Vide Estates. Alehouses. Vide Taverns. Appeals. Vide Court of Common Pleas. Apprentices. An Act for the binding out Apprentices, 35 45 An Act to revive and continued an Act for binding out poor Apprentices, 243 133 An Act for binding out and ordering poor Apprentices under Twenty One Years to bind themselves. 200 121 Per Indenture till Twenty One, with Parent's consent if living, if dead, with consent of the next Justice of the Peace and Churchwardens, 1 Apprentice in fault to be whipped per Constable, 2 Too much Correction, want Clothing, and hard Labour, 3 Apprentice to be set free by the Sessions, ib. Justices to bind out lose Persons, 4 Constable neglecting his Duty, to pay 40 s. 5 Marrying without consent of Master, to pay 5 l. per Annum. 6 A Supplemental Act for binding and ordering poor Apprentices, 428 199 Apprentices though under the Age of One and Twenty Years, yet bound to serve the time mentioned in their Indentures, 1 Appraisers. Appraisers their Duty and Oath; Vide Act of Court of Common Pleas, There must be Appraisers, If they neglect their Duty, pay 1000 lb. Sugar, Arms. An Act appointing Persons to ride Armed, 381 189 Arrears. An Act for the recovery of Arrears of several Levies, 85 68 An Act for recovering of Arrears for the late Act for Labour, 98 74 The like Act, 257 138 An Act for Commuting the Arrears of public Accounts into Money, 274 143 Arrests and Under-writings. An Act concerning Persons intended of this Island, and setting up their Names and Warrants of Arrests, 26 43 An Act concerning Persons intended to departed this Island, and the setting up their Names in the Secretary's Office, and Warrants of Arrests, 173 108 The manner of putting up Names in the Office, 1 Arrests, etc. A Ticket not to be given till after 21 Days, ib. Persons unknown to the Secretary, a Justice to certify his Name, 2 Of his own Knowledge, or by the Oath of Two Witnesses, ib. The Secretary and Governor to sign all Tickets, ib. Master of any Ship may safely Transport with such Ticket, ib. Women Covert, and Children under 14 excepted, ib. Directions to underwrite, 3 Where a part of a Bill, Bond, etc. is due, is so to be under-written for ib. Plaintiff may declare for what part of a Debt, ib. Action to be tried 21 Days after Security given, ib. Or else forfeits 2000 lb. Sugar, ib. Under-writings for Debts due for the future, 4 Actions to be filled within 21 Days after the Debt becomes payable, ib. None to be Arrested that has Ten Acres of Land, nor for Debt, under 6 l. 5 s. except he has taken out his Ticket, and not given Security, 5 The Cause of Action to be set forth and Warrants of Arrests, 6 Special Court, and the manner to attain it, and the Proceed therein. 7 Judges to be Sworn, and to summon to Plaintiff, and to summon a Jury, 8 Execution to issue out against Goods or Body, ib. How the Jury shall give Verdict, Damages and Costs, 9 Marshals and Clerks Fees, 10 Judges to certify the effect of the Trial to the Secretary, 11 Action on Arrest to be filled in three Days, Forfeiture therein 12 Where Cause of Action is for Damages, the Under-writings may be in Damages in gross, ib. Secretary and Provost Marshal to be Judges of Securities, under 3000 lb. of Sugar, or 200 l. Sterling, 13 Governor and Council Judges above 3000 lb. Sugar, or 200 l. Sterling, ib. The Defendant not appearing on Arrest, 1st Court Judgement, 14 Judgement against the Bail, ib. Secretary to take not more than accustomed Fees, 15 Secretary to answer for all Office Miscarriages, ib. Against Tickets by indirect means, 16 Tickets not to be assigned, ib. Tickets to be taken out for Servants and Slaves, and Oath to be made of the Property, 17 All Under-writings for 1000 lb. of Sugar, or 6 l. 5 s. Sterling, to be determined by a Justice, 18 A Repeal of a former Law, 19 An Explanatory Act to the Law of Arrests and Under-writings, 219 128 An Act to encourage Artificers and others to take Apprentices, 348 173 Artificers. No Person obliged to Arm or Accouter his Apprentice for the Militia, 1 To present his Apprentice in Three Months to the Colonel, 2 The Colonel to place him on a Person wanting his Compliment, ib. To be Armed and Accoutred, ib. An Act for limiting the Assembly's continuance, 14 13 Assembly. No Assembly to set but one Year. 1 An Act to declare and ascertain the Rights and Powers of the General Assembly of this Island, 401 234 Assessment. The Assembly for the future, to call before them all Persons to give Evidence in Aggrievances, and sand for Papers, etc. 1 Vide Vestry. An Act to empower Attorneys to confess Judgements upon particular Warrants, 303 151 Attorneys. Attorneys to confess Judgements before the Judge of the Precincts, notwithstanding the Death or Removal of the former Judge, 1 The Judgement to be effectual, and Attorneys indemnified, ib. Letters of Attorney their Proof; Vid. Proof. Clerks of Courts not to be Attorneys; Vid. Clerks. Sale of Land by Attorneys; Vid. Land. B. Bar. Vide Estates. Bate. Vide Excise. Beeke. An Act impowering James Beeke, Esquire, to build a public Wharf in the Town of St. Michael's, 151 100 Bench-Actions. Vide Actions. Bonds. An Act for ascertaining how the Bonds forfeited for ●●rying Persons of this Island without a Ticket shall be employ 〈◊〉. 349 173 No Ship to Trade before the Master presents himself to the Governor, and obtains Licence to trade, etc. 1 Bounds. An Act for the ascertaining the Bounds of the several Parishes and Enclosures in the Church-Yards within this Island, 295 147 Lines how to be run out 1 The Charge to be bourn by both Parishes. ib. Parochial Taxes to be paid in the Parish where the Land lies, and to be discharged from the other Parish. 2 Church-Yards to be enclosed, 3 Brandy. Vide Wines, Bridge. Vide St. Michaels. Burial. Vide Ministers and Servants, Names of Deceased Persons to be given to the Minister of each Parish, Building. An Act for the present stay of Building in the Town of St. Michael. 86 68 Vide St. Michaels. An Act for rebuilding the Bridge-Town. 99 74 C. Calves. An Act to prevent the kill of Calves, 75 64 Canes. An Act to prevent firing of Sugar Canes, 56 57 The like Act, 160 101 Ca k. An Act for regulating Sugar Cask, Vide Gage, . Vide Damage, Children. Poor Children. Christen. Vide Servants, Vide Apprentices, Christen to be Registered in every Parish, Vide Ministers. Church. An Act for Common Prayer, All People to give obedience to the Government of the Church of England, 1 Morning and Evening Prayer to be said in Families, 2 All that live within Two Miles, to hear Prayers, ib. Ministers to Preach or Catechise every Sunday, ib. Against Swearing and Cursing, ib. Five poor People in the Parish of maintained by a Charitable Deed: Vid. Trowel. Churchwardens. An Act for Churchwardens to cell Land, 4 5 None to encroach upon old Bounds, 1 Any Person may surveyed, the Surveyor taking one lb. Cotton per Acre, 2 They may Attach and Cell Land for Church-Dues, 3 Land may be redeemed by Payment, 4 Allowance of Twelve Acres in a Hundred, and shall not be taken away as Overplus, 5 Not Surveyors to surveyed, without the governor's Warrant Sub Poena, 1000 lb. Cotton, 6 Surveyors not to surveyed for any private Interest, 7 An Act appointing Security to be given by Clerks, etc. 3 4 Clerks. Clerks to take Oath for the performance of the Office, 1 Vide Court of Common Pleas. Not to raze or deface, ib. Judges not excused to add, raze or deface, ib. An Act appointing Clerks and Marshals of the Courts of Common-Pleas their Fees, 69 61 Judges to appoint their own Clerks and Marshals, ib. An Act appointing a comptroller, 392 190 controller. Vide Accounts. Commissioners. Conspiracy, Constable. Vide Negro. To apprehended Runaways. Who may be made Constables; Vide Overseers. Constables elected at Quarter-Sessions; Vide Vestry. An Act about the hanging of Coppers and Stills, 124 86 Coppers. An Act for special Courts, 17 15 Court-special. How to be constituted, 1 An Act for establishing the Courts of Common Pleas, 18 16 Courts of Common Pleas. The Island divided into Five Parts, 1 Summons the Defendant Ten Days, ib. Plea in Bar or Abatement, ib. Judgement Second Court, ib. Join Issue Second Court, ib. Not Demurrer Second Court, ib. Jurors to try no Issue but what joined some former Court but by Consent, 2 Fourteen Days after Judgement, Execution to issue, 3 The Form of an Execution, ib. All Movables to be sold the first Market Day after 80 Days, ib. Sale between 12 and 4 of the Clock in the Afternoon, ib. Vide Fol. 185, for the Regulating Outcries, ib. Defendants in St. Andrews and St. Josephs, may order Sale at the Hole Speights or St. Michael's, ib. The Buyer if Sued, to pled the Sale in Bar, ib. Sales to be returned and Filled in Court, ib. The Buyer to pay in Five Days, except the Plaintiff agreed, ib. Execution for 20 per Cent. 4 The Defendant to keep Goods Attached 80 Days at his own hazard, 5 This Clause Repealed, Fol. 123. ib. Marshal to Answer for the Goods he shall abuse, ib. The Judge to Commit him who makes away Attached Goods, 6 If no Satisfaction to be made in Fourteen Days to be Pillory'd, ib. The Marshl to re-attach and cell the Real, if he have no Personal Estate, ib. After Eighty Days to Appraise Lands, 7 Seven Appraisers if 20 Acres; 5 if under 20, ib. Appraisers to be Sworn, and to be Parishioners, neither Friends nor Enemies, ib. 1000 lb. Sugar for the Appraiser who denies this Duty, 8 The Marshal to put the Plaintiff in Possession, 9 Defendant may give a Bill of Sale, ib. The Plaintiff bound that he will not commit waste in 21 Days after Possession, 10 The 21st Day after Possession given, the Marshal to give a Bill of Sale, ib. The Defendant to be at the Charge of carrying the Goods to the next Market, 11 False Conveyances punished by Statutes in England, ib. Jurors fined for non-appearance, 12 Costs taxed against the Party cast, ib. Persons fined for their Misdemeanours in Court, ib. The Defendant may appeal on Penal Bonds, 13 Men to be sued in the Precincts where they live, 14 Several sued to be by the governor's Warrant, living in divers Precincts, ib. The third Court on cause shown to the Court, the Defendant admitted to pled and than Trial, 15 Clause the 16th, If Defendant shows Land or Goods not his own, forfeits double the Value, 16 All former Acts to this Effect Voided, 17 An Act Additional, to the Acts concerning the Court of Common Pleas, 140 94 Of Goods Summoned and Attached, 1 Goods not brought to the Market by the Defendant, construed to be made away, ib. An Act to explain a Clause in an Act for establishing the Courts of Common Pleas, 210 125 Common Pleas. An Act for prohibiting the several Clerks of the Courts of Common Pleas to practise as Attorneys where they are Clerks, 359 178 Forfeiture of Office, and 50 Pound Sterling, 1 Costs. Vide Court of Common Pleas, Court Marshal. An Act for defraying the charge of a Court Marshal, and Officers for the Trial of Negroes, 385 190 Creditor. Vide Poor, Cursing. Against Cursing and Swearing; Vide Churchwardens. D. Damage. An Act for discovery of Strayed , 43 52 Damage in Trespass of Hogs, Horses, etc. how to be Adjusted, 8 8 Vide Trespass and Distress, Damage by ; Vide Ib. Deeds. A Deed Acknowledged and Recorded in Three Months, sufficient to pass an Estate; Vide Estate. Good and effectual in Law to convey Estates; Vide Estates. All old Deeds to be Recorded in Twelve Months, else voided, The Secretary is bound to Record all Deeds. Debts. Payment of Debts by Sugar, at 2 d. per lb. Vide Interest and Usury. Dower. Vide Estates. A Woman to be endowed of the Lands her Husband died seized of, Demurrer. Demurrer when to be Pleaded; Vide Common Pleas, Depopulation. An Act to prevent Depopulation, 157 101 An Act to Repeal an Act to prevent ditto, 338 171 Disbursements. An Act for Satisfaction of some late Disbursements, 64 59 An Addition to the said Act, 66 6 Depositions. An Act concerning written Depositions, 19 22 No Deposition to be allowed, but of Persons departed, or departing this Island, Sick or Lame, 1 The Defendant to have notice, ib. Who may make Depositions and how, 2 Distress. An Act about Distress taken Damage pheasant, 221 130 The like Act, 300 149 A Justice to grant a Summons, 1 If not, Three Men to View and Appraise, to redeliver the Distress, if the Distress hindered the Offender's Person to be Arrested, 2 To lie in Goal till he redeliver, ib. If he or they dispute the Title, the Justice's power to cease, 3 To be tried at Common Law, 4 Triple Cost against the Plaintiff, ib. Dock. An Act for laying a Duty on Shipping for Building Peers, and clearing the Bar in Carlisle-Bay; Vide Shipping. An Act to confirm the Lease of Fontabel to him; Vide Lease, Sir Richard Dutton. A Present to him; Vide Present. E. An Act to declare the decision of Controverted Elections of Assembly Men, 426 198 Elections. Legality of Elections to be decided by the plurality of Votes in the Assembly, 1 An Act to keep inviolate, and preserve the Freedom of Elections, and appointing who shall be deemed a Freeholder, capable of being Elected, or of Electing Representatives or Vestry-men, or to serve as Jurors to try Real Actions within this Island, 435 203 Preamble. Every Person that hath Ten Acres of Land, or Ten l. per Annum Rent, deemed a Freeholder, 1 Joynt-Tenenants, or Tenants in Common, 2 Freeholders Deeds to be acknowledged, 3 All Persons Electing or to be Elected to Swear, 4 Justice to administer the Oath, or in his Absence the Vestry Man present, 5 Quakers to declare instead of an Oath, 6 To whom the Writs of Election shall be directed, 7 Councillors not to go out of their Parish to execute their Writs, 8 If no Councillor in the Parish, than the Precedent and Council to appoint, ib. All Elections to be at one time, 9 Shall have a Paper of Columns, 10 Every Representative to take the Oaths appointed, 11 None to be Elected who refuse to take this Oath, 12 If any Member of the Assembly dye or departed this Island, the Precedent and Council to issue new Writs in Twenty Days, 13 Not Menaces or indirect means to be used, 14 False Information the Penalty, 15 Writs to be published Three Sundays, 16 None to encroach upon old Bounds, Encroachment but seek their Remedy from the last Buyer. Vide Churchwardens. An Act to prevent Forcible and Clandestine Entries, 84 66 Entry. Not to erect Huts, hovel or Thatched Houses to gain Possession, 1 Justices to remove such Persons, ib. The Forfeitures, ib. Vide Estates. An Act about the Second Free Entry of Four and a half per Cent. for what Goods are lost and cast away, 195 119 Vide Provisions. The like Act, 227 130 The like Act, 248 134 An Act to Repeal an Act for the allowance of a Second Free Entry of the dead Productions relating to the Four and a half per Cent. 307 153 An Act for bringing Writs of Errors and other equitable Matters before Governor and Council, Errors. 12 11 An Act appointing an Oath to be taken by all such as by the Laws of this Island, are or shall be impowered to hear and determine Writs of Error and Petitions of Grievances, and all other matters of Equity whatsoever, An Act concerning the Conveyance of Estates, 22 33 Estates A Deed Acknowledged and Recorded within Three Months sufficient to pass an Estate without Livery and Attornment, 2 How a Feme Covert may alien her Estate, 3 All old Deeds to be recorded in Twelve Months, 4 Five Years Possession a good Title, 5 Claim by descent must be in Two Years, 6 Secretary to Record Deeds, 7 To embezile Records Felony, 8 Women to be Endowed of the Lands their Husbands died Actually Seized of, 9 Non-claim, a good Plea in Bar, 10 An Additional Act concerning the Conveyance of Estates, 122 85 Deeds to be acknowledged before the Governor or one of the Judges, 1 What Deeds sufficient to bar a Real Purchaser, 2 Exceptions to the acknowledgement of Purchaser, 3 Deeds of the same force as Fine and Recovery in England, 4 An Additional Act, Entitled, An Act for settling the Estates and Titles of the Inhabitants of this Island, etc. 46 53 An Additional Act concerning the conveyance of Estates, 187 116 Claim to Lands saved by Action entered, and not otherwise, 1 Judges and Courts to admit no other Claim, ib. Actions for Claim to be brought in Five Years to Trial, 2 Such Trial to be definitive, and a Bar, ib. Such Person as claims under any one as is barred, is also barred, 3 This Act to be pleaded, or given in Evidence, ib. Husband and Wife may alien Lands in this Island, whilst in Parts remote, 4 The former Method, ib. Negroes how and to what purpose made Real Estate; Vide Negro, Evidence. Vide Depositions. Vide Proof. Vide Common Pleas. Excise. An Act for the continuance of Excise on all Strong Liquors, 113 82 An Act for the Continuance of Excise on Liquors. 119 84 The like Act, 126 87 The like Act, 133 190 An Act to continued the Excise, 135 ib. An Act to prevent Frauds and Concealments in the Payment of the Excise of this Island. 202 122 An Act to empower Colonel William Bate to receive the Duty due for Excise, 225 130 A Supplemental Act about the Excise, 230 131 An Act to Revive the Excise, 239 132 An Act to Continued the Excise, 246 133 The like Act, 252 136 The new Act of the Excise, Execution. The Form of an Execution; Vide Court of Common Pleas, Execution to issue Fourteen Days after Judgement, ib. An Act taking of the Eighty Days after Execution for future Contracts, 188 116 To take out Execution as before, 1 Marshals to Attach part of Windmills, 2 An Act to revive and continued an Act, Entitled, An Act for taking of the Eighty Days after Execution for future Contracts, Exchange. 272 14 Not more than 10 l. per Cent. to be allowed on protested Bills of Exchange, Expedition. An Act to Raise, Arm and Accouter 1000 Men for an Expedition against the French, 375 184 The like Act. ib. F. Fees. An Act for regulating the Fees of the several Courts, and Offices of this Island. 41 47 Clerks or Officers taking more than Just Fees, forfeit Office, and one months' Imprisonment, 1 Table of Fees to be kept in the Secretary's Office, 2 Table of Fees to kept in all Offices, ib. Table of Fees in Courts, on Court Days, ib. A Place to be appointed to receive Sugar per Fees, 3 Refusing Sugar, the Clerk or Officer forfeits 1000 lb. of Sugar, ib. An Act for the certain appointment of all Officers Fees within this Island, 42 52 An Act for regulating and appointing the Fees of the several Offices in this Island, and other Public Ministers, 108 76 Extortor of Fees forfeits 5000 lb. of Sugar, 1 Table of Fees to be in all Offices, 2 An Act for the regulating and appointing the Fees of the Secretary's Office and Penalties, 145 97 Secretary taking over Fees, forfeits his Office, 1 Proceeded against as an Extortioner, ib. Convicted by Confession, or one Witness, ib. Tried before the Governor, or any Two Justices of the Peace, ib. Table of Fees set up in the Secretary's Office, 2 10000 lb. Sugar Forfeit, ib. Governor for the time being, to settle Fees, etc. 3 Assembly to ascertain new Fees, ib. Vide Pirates. Felony. How to alienate her Estate, Feme-Covert Vide Conveyance of Estates. An Act imposing Fines for Misdemeanours of several Persons, 40 46 Fine. Vide Estates. An Act for the disposing of several Fines that are imposed on Misdemeanours, All Clerks of Courts to keep Account of Fees, An Act to prevent the Danger that may hap by Fire in or about the Towns, 38 46 Fire, To restore Goods lost by Fire, Vide Goods. Vide St. Michaels. To prevent firing Sugar Canes; Vide Canes. An Act for present Accommodation of Their Majesty's Forces arrived, and daily expected, 387 190 Forces. Money to be raised for the Fortifications of this Island, Fortifications and for the Service of His Majesty. The like Act, Vide Levy. An Act concerning Forestallers and Engrossers of Provisions, 29 44 Forestallers. What Offences deemed Forestall, 1 To be convicted at the Quarter-Sessions, and what Fines to be set on them, 2 An Act concerning Forestallers and Engrossers of Provisions, 171 106 Several Offences deemed Forestall, 1 An Act against Forestallers, Engrossers and Regrators, 207 122 No Beef to be sold before an Oath made that it was Imported or Consigned to him, 1 Informer to bind over the Offender to Quarter or Grand Sessions, the Forfeiture and Penalty, 2 Informer to sue in St. Michael's Precincts, ib. This Act to extend not to Market People, ib. A Person scrupling to Swear, another may do it, ib. None to transport Victuals hence, 3 Five l. a Barrel of Beef or Pork for 100 l. Salt carried of, ib. Clerk of the Market Informer, 4 An Act to raise a Sum of Money to farm the Duty of Four and an Half per Cent. upon Commodities of the produce of this Country Exported this Island; Vide Entries. 307 153 4½ per Cent. Who shall be deemed a Freeholder capable to Elect or Choose, or to be Elected or Chosen a Representative or Vestry-men, Freeholders. Vide Vstry-men. An Act impwoering the Freeholders of the Parish of St. Lucy to meet and choose a Vestry of Freeholders in the said Parish, 440 234 Freight. An Act for regulating the exorbitant Rates demanded and received by Masters of Ships and others for Freight, 531 173 An Act for the Rates of Freight for the Commodities of the Produce of this Island, 386 190 G. Gage. An Act for regulating the Gage of Sugar Cask, 191 118 The like Act, 289 147 Ginger. An Act to prohibit the Transportation of uncured Ginger, 165 103 Not uncured Ginger to be Shipped of, 1 The Offender to be imprisoned for a Year, 2 Master of Ship taking any uncured Ginger on Board, forfeits 10000 lb. Sugar, and Twelve months' Imprisonment, 3 Uncured Ginger on Board to be Landed for the Owner, 4 The Master not delivering, convicted on his Return to stand committed for the space of an whole Year, 5 Justices neglecting their Duty, punished to stand, etc. 6 The Governor to appoint all Searchers to seize all uncured Ginger, 7 A Clause of the Act to be in the Master's Bond, 8 Secretary omitting such Clause in the Bond, forfeits 1000 lb. of Sugar, 9 Goods. Goods Attached, Vide Court of Common Pleas. An Act for restoring Goods that have been lost by Fire to the right Owner, 87 68 Gold and Silver. Vide Money. Government. An Act for the better Settlement of the Government of this Island. 132 90 Gunpowder. Vide Powder. H. Hogs. Vide Trespass, 8 8 What Evidences shall be good, 1 Their Ears to be nailed up, 2 Hebrews. Vide Jews. Highways. Vide Ways. Heading. Vide Syrinam. Horse. Vide Militia. Habeas Corpus. An Act for the better securing the Liberty of His Majesty's Subjects within this Island, and preventing long Imprisonments, 438 230 How to move for an Habeas Corpus, 1 How Prisoners shall be discharged, 2 Provost Marshal or Goaler not to keep any in Prison, except by Mittimus, above Twelve Hours, 3 Persons once dismissed, not to be imprisoned again for the same fault, 4 Forfeiture Five Hundred Pounds for so doing, ib. Neglect of Return how punished, 5 General Sessions to be held twice per Annum, 6 Treason and Felony to be tried the next General Sessions after the Offence committed, 7 Baron or Judges Fees, 8 General Issue to be pleaded, 9 Justices. To determine all Under-writings under 1000 lb. Sugar, or Six Pounds Sterling. Vide 173 18 108 Justices Duty about Highways; Vide Ways, Justices Duty about Engrossers of Provision; Vide Provision, Their Duty about Servants Wages; Vide Servants, Justices to determine Demands of Provisions of such who have under 20 Acres; Vide Provisions, Justices Duty about Detention of Negroes, 336 169 Justices Duty about transporting uncured Ginger, Vide Ginger. Justices to bind out Children; Vide Act 200, and 428. 199 Justices to take Depositions, Vide 19 22 Justices have power to remove Gunpowder out of Towns; Vide Powder, Two Justices of the Peace to remove forcible Entries, Vide 84 67 Vide the Penalty, ibid. Justices to hear and determine the Complaints about Pedlars carrying Packs; Vide Pedlars. One Justice of the Peace to hear and determine Complaints about Distresses taken Damage pheasant; Vide Distress. An Act appointing how the Testimony of the Jews Nation shall be admitted into the several Courts; Vide Courts. Jews. On Commodities of the Growth of this Island; Impost. Vide Four and a Half per Cent. Of Powder on Ships; Vide Powder, An Act for the Explanation to the Act of Negroes, Indians. and to prohibit the bringing Indians to this Island; Vide Negro. Inhabitants acknowledging the King's Right, 49 54 Inhabitants. An Act reducing Interest of Money to Ten per Cent. 91 68 Interest. Contracts for above Ten per Cent. to be voided, with other Penalties, 1 Procurage 5 s. per Cent. 2 Not exchanging Money into Goods, or Goods into Money, 3 An Act to Repeal a Clause of the Act for Interest of Money at Ten per Cent, 116 83 Vide Provisions. Engrossers. An Act concerning the Commission of Judges and their Assistants, 79 65 Judges. An Act appointing an Oath to be taken by all such as by the Laws of this Island are or shall be impowered to determine Writs of Error, Petitions, etc. Vide Error, Judges to appoint their own Clerks and Marshals, Judges not to pled in any Courts of this Island, 430 202 Vide Table. Justices. Vide Court of Common Pleas. Jurors. Vide Ditto. Issue. K. An Act for the Confirmation of Keizer's Land, 74 64 Keizer. An Act enabling John Kirton, Gent. to cell certain Lands in the Parish of . 372 182 Kirton. An Act impowering Philip Kirton, Gent. to cell certain Lands in the Parish of . 418 195 L. An Act for Trial of petty Larcenies at the General or Quarter Sessions, 144 96 Larcenies. Persons informing, bound over to prosecute, 1 What Fees to be paid, 2 An Act for compiling the Laws, 1 2 Laws. An Act impowering a Committee to collect the Laws, 320 154 The like Act, 323 ib. An Act for the better ascertaining the Laws of this Island, 58 56 What Laws of this Island are ascertained, 1 Commissioners to collect the Laws in force, 2 The Laws to be Transcribed and Published, An Act about the Sale of Land by Attorneys, 50 55 Land. An Act about the Sale of Land by Churchwardens, Executors and Administrators, Vide Churchwardens, Lawyer. An Act to prevent the abuse of Lawyers and Multiplicity of Law Suits, 93 72 An Act to prevent the abuse of Lawyers and Multiplicity of Law Suits, 142 95 To employ but Two Attorneys in one Cause, 1 Attorneys to pled every Man's Cause for Fee, 2 The Attorney's Oath. 3 An Act to confirm the Lease of Fontabell to his Excellency Sir Jonathan Atkins, 187 116 Lease. An Act to confirm the Lease of Fontabell to his Excellency Sir Richard Dutton, Knight, 277 143 The like Act to Sir Richard Dutton, 309 153 An Act to confirm the Lease of Fontabell to Edwin Stead, Esq. 326 155 The like Act to Colonel Kendal, 353 176 An Act for raising a Sum of Goods for the use of this Island, and relieving the Leeward Island, 59 59 Levy. An Act appointing a Levy on Strong Liquors, 60 ib. An Act for raising a Levy for Platforms and Breast-works, 61 ib. The like Act, 62 ib. A Levy for satisfying public Disbursements, 64 ib. An Additional Act for a Levy of 1500 lb. of Sugar, 66 60 An Act for a Levy to defray the public Charge of this Island, 67 ib. An Act for a supply of Labourers for the Breast-works, 68 ib. An Act for a Levy for Labourers, 70 64 An Act for Constant Sylvester to receive the Levy of St. George's, 71 ib. An Act for payment of the several Subscriptions made by the Inhabitants for the design at the Leeward Islands, 72 ib. An Act for a supply of Labourers, 76 ib. An Act for a Levy of Sugar for the charge of the Platforms, 77 ib. An Act appointing Labourers, 90 68 A Supplemental Act to a former Act about Subscriptions, 95 79 An Act to put in Execution former Acts for Levies, 102 75 An Act for a Levy on Coppers and Stills, 150 100 An Additional Act to the Act for Levy, 153 101 An Act for getting in public Levies, 158 ib. An Act for collecting the Arrears of Levies for Fortifications, 186 116 An Act for a Levy on Sugar on Lands and Negroes, 218 128 An Act for a Levy to discharge the Loss of Negroes suffering by Law, 205 122 An Act for a Levy to discharge the Loss of Negroes suffering by Law, 247 133 An Act for a Levy about the Fortifications, 228 130 The like Act, 233 131 The like Act, 234 ib. The like Act, 235 ib. An Act for raising a Levy for the better defraying some public Charge, 250 134 An Act for a Levy about the Leeward Fortifications, 263 139 An Act for settling an Impost on the Commodities of the Growth of this Island, 265 ib. An Act for a further strength of Labourers, 269 142 An Act for raising a Levy to defray public occasions, 276 143 An Additional Act to an Act, Entitled, An Act for a Levy upon Negroes and Land, 285 145 An Act for the raising Money for Fortifications. 287 146 An Additional Act to an Act, Entitled, An Act for raising Money for the Fortifications, 288 ib. An Act for a Levy upon Windmills, 292 147 An Act for Accommodation of Sir Richard Dutton for his intended Voyage, 293 ib. An Act for a Levy upon Negroes, 312 153 An Act for a Levy upon Negroes, 339 172 The like Act, 340 ib. An Act for Accommodation of his Excellency in his intended Voyage, 347 ib. An Act for a Levy on Mills, Negroes and Inhabitants, 356 177 An Act for a Levy for Labourers at the Fortifications, 357 ib. An Additional Act to an Act, Entitled, An Act to raise a strength of Labourers, 362 179 The like Act, 366 181 The like Act, 368 ib. A Declarative Act for a further strength of Negroes, 371 182 The like Act, 390 190 An Act for raising a Levy to discharge Debts of this Island, 396 191 An Act for a present Levy to supply the Necessaries of this Island, 399 ib. An Act to remit the Forfeitures incurred by non payment of the Levies imposed by an Act for a present Supply of the Necessaries of this Island, 403 193 An Act for raising a Levy to set out Ships, and encouraging Privateers. 416 195 An Act to raise and provide a strength of Labourers to clear the Trenches and repair the Breast-works and Fortifications of this Island, 422 197 The like Act, 427 199 An Act for taking up a Sloop to Fetch the Men from the Leeward Islands, 415 195 Leeward Islands. An Act for payment of Subscriptions for the Service of the Leeward Islands, A Supplemental Act to the same; Vide Levy. An Act to prevent the selling of Rum and Brandy in Tippling Houses near Highways; Vide Levy and Wines, Liquors. An Additional Act to prevent the Landing of prohibited strong Liquors, 163 102 An Act for the payment of the Levy on Coppers, 167 105 An Act about the continuing the Duty on Liquors, 168 ib. An Act for the Annual Rating of Liquors, 170 ib. An Act for prohibiting the selling of Rum and other strong Liquors to Negroes or other Slaves; Vide Taverns, Licence. Sale in Market to be by Lots; Vide sale in Market, Lots. M. An Act for the Encouragement of the Manufacture of this Island, 146 100 Manufacture. A Repeal of An Act about the Encouragement of the Manufacture of this Island, 212 126 An Act appointing Markets in the Towns, 47 54 Markets. An Act for Repealing a former Act for establishing Market Days in the Towns, 97 74 An Act appointing the Sale in open Markets of Effects Attached for the Excise and Parish Dues and Servants Wages, 214 126 Effects when to be Outcryed and Sold, 1 Outcries to be at the Market Towns in the Precincts where Attached, ib. Penalty on Buyers not paying, 2 Penalty on the Marshal suffering Prisoners to go Abroad, ib. Estate of Debtors liable to Attachment, ib. Lands and Tenements to be accounted Chattels for payment of Debts, etc. 3 An Act to revive and continued an Act, Entitled, An Act appointing the Sale in open Market of Effects Attached for the Excise, the Parish Dues, etc. And declarative Act making Negroes Real Estate, 273 143 An Act appointing Sale in open Markets of Effects for Arrears, 286 145 How Effects levied and Outcryed, 1 The Buyer not paying, incurs the same Penalty as is appointed in the Court of Common Pleas, 2 Servants not to Mary during their Apprenticeship, Vid. Apprentice. Marriage. Marriages and Burials to be Registered, Vide Ministers, An Act for regulating Out-cries in open Market, 335 167 Market. Four Days Notice to be set upon every Court-house between 10 or 14 Days after Attachment, 1 Lot not above Five Negroes, ib. Five Head of , and 50 l. Sterling in a Lot, ib. Not Outcries at Plantations, 2 Marshals Fees 12 s. 6 d. for levying Execution, 3 Court Fees to be set up in all Offices, 4 Fifty Pound on him that Extorts, ib. Ten Pound for want of a Table of Fees, ib. Marshal. St. Michaels. An Act appointing a Provost Marshal, 65 6 An Act appointing Streets, etc. in St. Michael's, etc. Vide Buildings. 37 46 An Act appointing Materials for building the Town of St. Michael's. 101 74 The like Act, 106 75 Measures. Vide Weights. Middleton. An Act impowering Mr. Benjamin Middleton to cell his Estate, 220 128 Militia. An Act for settling a Regiment of Horse, 31 40 An Additional Act concerning the Militia, 63 59 An Additional Act to the Militia, 73 64 An Additional Act to the Act of Militia, 118 84 An Additional Act to the Act of Militia, 130 89 An Act for settlement of the Militia, 166 105 The like Act, 193 119 An Act to continued the Act of the Militia, 232 131 An Act to strengthen the Militia, 238 132 An Act to continued the Act of the Militia, 242 133 An Act to continued the Act of the Militia, 253 136 An Act to revive and continued several Acts of the Militia, 258 138 An Act for the settlement of the Militia of this Island, 264 159 An Act appointing Read Coats to be worn by all the Foot Militia of this Island, 279 143 An Act to revive and continued an Act, Entitled, An Act for the Militia of this Island. 280 144 An Act to revive and continued an Act, Entitled, An Act for Settlement of the Militia of this Island. 282 ib. An Act to revive and continued an Act, Entitled, An Act for settlement of the Militia of this Island, 297 149 The like Act. 302 151 An Additional Act to an Act, Entitled, An Act for the settlement of the Militia of this Island, 340 172 Soldiers to have Cartridges in every Hole of Cartridge Box, 437 1 Defaulter pays 2 s. 6 d. ib. A sufficient Number of Cartridges to be always ready, 2 On Alarms one white Man to stay at Home, ib. Provided Six Negroes and Compliment is sent, ib. An Act to Raise, Arm and Accouter 1000 Men for an Expedition against the French, 375 184 A Supplemental and Explanatory Act, to an Act Entitled, An Act to Raise, Arm and Accouter 1000 Men, 376 ib. An Act appointing Persons to ride Armed, 381 189 A Supplemental Act to an Act, Entitled, An Act for settlement of the Militia of this Island, 391 190 Ten Pounds for every Freeman not having Ten Acres of Land that shall behave himself well in Fight, 1 Encouragement for all that behave themselves Manfully, 2 Encouragement for Negroes well behaving themselves in Battle, 3 This Act to be published every Three Months, 4 All Colonels to have a Copy of this Act by them, 5 A Supplemental Act to an Act, Entitled, An Act for the Settlement of the Militia of this Island, 423 19 An Act to appoint Fines on such as shall refuse Military Commands, 104 75 The like Act, Minister. Vide Prayer and Church. An Act for Encouragement of Ministers, and appointing convenient Maintenance for them collecting their Arrears, 20 23 Collecting their Arrearages, 1 One Pound Sugar per Acre for the Minister, 2 Vestry and Churchwardens to augment the Minister's Salary as they see fit, 3 Register to be kept in every Parish, 4 Minister failing in his Duty, forfeits 1000 lb. Sugar, ib. Names of Inhabitants dying to be Registered, 5 Misdemeanours Vide Courts of Common Pleas, Monkeys. An Act for destroying wild Monkeys and Raccoons, 261 139 The like Act, 281 144 An Act to revive and continued an Act for the destroying wild Monkeys and Raccoons, 305 152 An Act for advancing and raising the Value of Pieces of Eight, 51 55 Money. To pass at Five Shillings, 1 Penalty on those that refuse them so, 2 The like Act, 111 81 An Act concerning Spanish Money, 129 88 None obliged to take light or base Money, 1 Money to be raised for Fortifications, etc. Vide Levy, The like Act, Vide Levy. An Act for settlement of the Militia of this Island, 437 212 Militia. Every Freeman to serve in the Militia, 1 Every Owner of Twenty Acres of Land to sand One Man to the Foot, 2 Unless he serve himself, ib. Two Tenants to be taken as Three common Freemen, 3 Every Hundred Acres to found a Horse, 4 Every one that keeps a Horse to serve in the Troop, 5 All Persons to appear on Summons, 6 Forfeiture of every Person not appearing, 7 Colonels to sign Executions against Defaulters, 8 Marshals to apprehended the Bodies of Delinquents, ib. Who sends his full Compliment not to be returned, 9 Defaults in the Soldiers to be Corporally punished, 10 Appraisers to be Summoned, 11 Not appearing to be Fined, ib. Colonels of the Life Guard have power to levy Fines, 12 Every Field Officer abated Two Horses each, 13 Council exempted from Military Duty, 14 Present Assembly and former Field-Officers exempted from Duty but on Alarms, 15 All Justices to ride armed in time of War, ib. All other Persons not to be exempted, 16 Apprentices to be inlisted, 17 All Persons to appear being Summoned, and not to departed without leave, 18 All Persons to serve in the Place to which they remove, 19 Every Person to be inlisted that is a Freeman, 20 Forfeiture of refractory Persons, 21 Who shall be deemed a refractory Person, 22 Forfeiture in case of Mutiny, 23 What shall be an Alarm, 24 Six Months Imprisoment for the Person who sets not forward on Alarm, ib. Forfeiture for Non-appearance in Alarms, 25 Every Commission Officer excused one Horse and Man, 26 Provisions to be sent down to Persons on Duty, 27 Commanders in chief to press Horses, Wains, etc. 28 Encouragement of Servants behaving themselves well in Battle, 29 Servants or Negroes killed, lost or disabled, to be made good to the Owner, 30 Every Horseman to bring a Negro Man armed, 31 Forfeiture for spreading false Alarms, 32 All Persons aggrieved to be addressed on Complaint to the Colonels, 33 Every Person having but a Personal Estate, what to sand, 34 Overseers excused, ib. Supernumerary Servants lost in Battle to be paid for, 35 Value of Negroes lost, 36 Who shall be capable of being a Field Officer, 37 Every Company to meet once a Month in time of War, and once in Two Months in time of Peace, 38 Three Prouisoes, Ibid. ib. Every Person to serve in the Division where he lives, 39 Persons insufficient to provide for themselves, to be billeted on Landed Men, 40 Publication of Two Clauses concerning Freemen, Servants and Negroes, to be made twice per Annum, 41 Persons grieved by the Marshals, to apply themselves to the Collectors or Commanders in chief, 42 Each Regiment to have Two Field Pieces, 43 Articles of War not to be in Force till an Enemy appear, 44 None to fire a Gun small or great after Eight of the Clock at Night, 45 Neglect of Service on Petrols to Forfeit 20 Shillings, 46 Persons suffering by False Returns to have their Actions at Common Law, 47 Goods levied on to be in the Delinquents Custody Bond being given, 48 All former Acts of the Militia Repealed, 49 N. Non-claim. Vide Estates, Negroes. An Act for Governing of Negroes, 57 58 An Additional Act concerning Slaves, 89 68 An Act for making Negroes Real Estate, 94 72 No need to enrol Bills of Sale for Negroes, 1 Not to extend to Merchants and Factors, etc. importing Negroes, 2 A Declarative Act upon the Act for making Negroes Real Estate, 178 115 Negroes recovered be Action Personal, 1 How made Real Estate, 2 An Additional Act concerning the detaining of Negroes, 185 116 A Supplemental Act to a former Act for the better Ordering and Governing Negroes, 199 121 An Act for the explanation to the Act of Negroes, and to prohibit the bringing Indians to this Island, 201 122 An Act appointing Satisfaction to the Owners of such Negroes as have suffered Death, 205 ib. An Act for the Securing the Possession of Negroes, and Slaves, 211 126 An Act about the Government of Negroes, 213 ib. An Explanatory Act about the Government of Negroes, 223 130 An Act to continued an Act to prevent the People called Quakers from bringing Negroes to their Meetings; Vide Quakers, 236 131 An Act about the Repeal of part of an Act about Negroes, 237 132 An Act to revive and continued an Act for the Securing the Possession of Negroes and Slaves, 256 138 An Act to revive and continued an Act for the better Ordering and Governing of Negroes, 301 150 An Act for a Levy on Negroes; Vide Levy. An Act for securing the Possession of Negroes and Slaves, 336 169 To take no Negro from him that has held him Three Months, 1 Two Shillings and Six Pence per Day for detaining, ib. Two Justices to restore to the Party grieved, 2 This Act not to extend to Negroes lent or hired, 3 Trial and Judgement First Court after Summons, 4 Widow sending of any Slave forfeits it, etc. 5 Husband marrying a Widow offending forfeits Estate, 6 Actions for Right of Negroes, 7 Indians not to be sold or imported here, 8 An Act for a Levy upon Negroes; Vide Levy. An Act declaring the further uses of an Act for a Levy upon Negroes, 345 172 An Act to Repeal an Act, Entitled, An Act for a Levy upon Mills, Negroes, etc. 361 179 An Act to prohibit and hinder the Inhabitants of this Island, to employ their Negroes in Buying and Selling, 365 181 An Act for encouragement of all Negroes and other Slaves that shall discover any Conspiracy, 378 186 An Additional Act to an Act, Entitled, An Act for the Government of Negroes, 379 187 An Act to revive and continued an Act, Entitled, An Act to prohibit and hinder the Inhabitants of this Island to employ their Negroes in buying and selling, 383 189 O. To put in Security; Vide Security. Officers. An Act appointing Overseers of Plantations to be Constables and Surveyors, 131 89 Justices at the Quarter Sessions or Vestry Men to Elect Constables and Surveyors, Overseers. 1 Refusing to serve, forfeits 2000 lb. Sugar, 2 An Act for the better regulating and appointing the Outcries in open Market. Outcries Vide the Act and Clauses in Title Market. An Act appointing an Oath to be taken by all such as by the Laws of this Island are or shall be impowered to hear and determine Writs of Errors, and Petitions of Grievances, etc. Oath. 377 185 Oaths and Swearing. Vide Prayer. An Act to empower Quakers to make a Declaration instead of an Oath, 429 201 P. An Act to empower him to receive the Jews Contribution for the Lord Willoughby's Regiment, Pargitor. 120 84 An Act to ascertain the Bounds of Parishes; Vide Bounds. Parish. An Act to prevent Persons going of and clearing Wife and Children from burdening the Parish, Vide Under-writings. An Act to prevent Spiriting People of this Island, 139 93 People. None to carry of any for Service, 1 Trial the First Court, ib. Whoever transports a Man from his Wife and Children, to maintain them, 2 Not making use of another's Ticket, 3 An Act to prevent carrying Goods and Wares in Pacquets from House to House in this Island; Vide Persons. Pedlars. An Act to prevent the wand'ring of lose and vagrant Persons, 34 45 Persons. An Act to prohibit Wand'ring Persons from carrying Goods in Packs, 114 82 Forfeiture of the Goods, 1 Any Person may apprehended the Offender, ib. Any Justice to examine and divide the Wares, ib. Halfpenny to the Informer, half to the Poor, ib. Wares of the Growth of this Island excepted, ib. An Act about Persons departing this Island, and setting up their Names in the Secretary's Office; Vide Arrest. After a special Writ if Goods are made away, Pillory, in Fourteen Days Pillory, Vide Common Pleas, Plea. Vide Courts of Common Pleas, An Act to enable the Execurors to cell Plumley's Estate, 203 122 Plumley. The like Act, 251 134 An Act for Relief of such Persons as lie in Prison, Poor. and others who have naught to pay Creditors, 44 52 An Act for Relief of poor Persons who have lately suffered, 83 66 Powder. An Act for an Impost of Powder on Tonnage of Ships, 24 43 An Act to ascertain the Duty of Masters of Ships and Merchants, for payment of an Impost of Powder on the Tonnage, 436 208 One Pound of Powder per Tun to be paid by every Master arriving here, 1 All Ships to be reported on Oath or Gauged, 2 A Register of all Entries to be kept on Oath, 3 Officers to continued for one Year, and than new Election, 4 100 l. per Annum Salary, 5 Sufficient Security to be given, 6 Officer's Oath, ib. 20 l. per Annum for keeping Accounts, 7 Not Stores to be Bartered or Sold, ib. Officers to tender just Accounts, 8 Former Acts Repealed, 9 An Act for Impost of Powder on the Tonnage, 123 86 An Act to prevent Frauds in the payment of Powder, 424 197 Prayer. An Act for execution of the Acts concerning the uniformity of Common Prayer; Vide Church, 15 13 An Act concerning Morning and Evening Prayer in Families, 16 14 Morning and Evening Prayer to be said in Families, 1 All within Two Miles to hear Prayers daily, 2 Ministers to Preach or Catechise every Sunday, 3 Stocks to be provided near the Church, 4 Against Swearing and Cursing, 5 Churchwardens to be Sworn, 6 Precincts. Vide Court of Common Pleas, Present. An Act for a Present to the Governor, 293 147 The like to Colonel Stede, 321 154 The like Act, 330 165 The like Act, 389 190 The like to Governor Russel, 409 194 The like Act, 412 195 An Act to settle 500 l. per Annum on his Excellency for his Habitation, 442 235 An Act for 2000 l. for his Excellency's Charges of his Voyage towards the better Support for the Government, 443 236 Prisoner. Vide Poor, Privateers. An Act for encouragement of Privateers, 417 195 Posse Commitatus. A Posse Comitatus upon forcible Entries to be raised; Vide Entries, Protests. Ten per Cent. only allowed on Protested Bills; Vide Usury. Proof. An Act for what Proof shall be sufficient for Bonds, Bills and Powers of Attorney, etc. 9 9 Ass to Foreign Debts and Specialties, 1 Judge and Jury to accept such Proof, 2 The Debtors have Two Years to disprove, ib. Plaintiff to pay what is disproved, and triple Damgae, ib. Provisions. An Act for more certain Produce of all Provisions within this Island, 45 53 An Act encouraging the Planting Provision, 48 54 Vide Forestallers, An Act for Encouragement of such as shall plant Provisions to cell, Marshal to be appointed by the Governor, Provost. 65 6 Pirates. How Pirates and Felonies done upon the Seas shall be tried and punished, 306 152 Treason, Piracy, etc. to be tried as Offences at Land, 1 Q. Quakers. An Act to prevent the Quakeres from bringing Negroes to their Meeting, 198 120 Negroes hearing are forfeit, 1 Half to the Informer, half to the Country, ib. The Prosecutor to bring an Action in Three Months, ib. To be tried the first Court, ib. Immediate Execution, ib. For every strange Negro, 10 l. forfeit against any at Meeting, 2 None to teach School but to take Oath of Allegiance and Supremacy, 3 Except Licenced by Governor, ib. Three Months Imprisonment, and 30000 lb. Sugar, ib. None to Preach who have not been here Twelve Months, 4 Six Months Imprisonment and 10000 lb. Sugar, ib. An Act to prevent Quakers from bringing Negroes to their Meeting, 236 131 An Act to Empower them to make a Solemn Declaration, 429 201 R. Vide Monkeys. Raccoons. An Act for the Governing and retaining within this Island all such Rebels Convict as by His Majesty's most Sacred Order or Permit have been or shall be Transported from His European Dominions to this Place, Rebels. 313 153 An Act to Repeal the aforesaid Act, 355 176 Not to receive their accustomed Reward, 1 To serve in the Militia, ib. Not to go of without their Majesty's Licence, 2 Not to escape but to incur the Penalties of Runaways, ib. Felony to Imbezil, Raze or Deface the Records, 3 4 Records. An Act for Transcription and safe keeping of Records, 5 6 Persons of Ability to keep Records, 1 The Secretary to sand all Records to the Chief Officer, ib. An Act for the more Effectual putting in Execution a Statute of England, Entitled, Recusants. An Act for preventing Dangers that may hap from Popish Recusants, 254 137 A Register-Book to be kept in every Parish; Register. Vide Ministers. Vide Taxes. Rent-charge. An Act concerning Replevins. 266 142 Replevins. Who are capable to choose them; Vide Distress, Representatives. An Act about receiving Romney's Debt, 159 101 Romney. The like Act, 169 105 Vide Liquors. Rum and Brandy. S. Sale of Goods at Market Overt. Sale. Vide Court of Common Pleas. An Act about the Sale of Lands by Attorneys, Executors and Administrators, An Act appointing Sale in open Market; Vide Market. Seamen on Shoar after Eight of the Clock at Night without a Certificate to be sent to Goal, etc. Seamen. No Master or Captain obliged to pay their Scores, Vide Taverns. 1 An Act to secure and reimburse the Honourable Colonel Richard Salter Treasurer of this Island, all such Sums of Money, together with the Interest of the same, after the Rate of 10 per Cent. per Annum, as he shall lend and accommodate to the fitting out Two Sloops or other Vessels, 367 181 Salter. His Fees; Vide Fees. Secretary. Security to be given by all Officers, 2 4 Security. Treasurer and Marshal to give Security, Clerks of Courts to give Security; Vide Clerk. Servants. An Act for the good Governing of Servants, 21 25 No Servant under Fourteen Years of Age to be brought to this Island, 1 Servants not to be brought against their Wills, 2 Their Wages to be ascertained, ib. Servants not to Trade, 3 Servants not to lay violent Hands on their Masters, 4 Not to purloyn their Master's Goods, 5 Against getting Servants with Child, 6 Against their Marrying, 7 During their Apprenticeship, 8 Suits between Masters and Servants to be at Common Law, 9 What time to be allowed them for the prosecution of their Suits, 10 Servants not to absent themselves, ib. Masters to use all Lawful Means for the recovery of Sick Servants, 11 Of Servants wilfully running themselves into Diseases and Hurts, ib. Difference between Masters, Servants and Labourers, referred to the Justices, 12 Recovery of Servants Wages, 13 About the Burial of Servants, 14 Not Persons to refuse to come on Summons, 15 What time Servants coming without Covenant to serve, 16 How their Wages shall be adjudged them when in difference, 17 Of unjust Molestation by Servants to their Masters, 18 Of Servants being in Prison for their own Offences, 19 Against Persons entertaining of Servants, 20 Suspected Persons to be apprehended, ib. Against Servants riding their Master's Horses, 21 Against Servants endeavouring and attempting to run of this Island, 22 All Masters of Ships to give Security before Trading, Wooding and Watering, 23 Constables to apprehended Runaways, 24 This Act to be published Yearly, 25 The like Act, An Act to encourage the bringing of Servants to this Island, 138 93 An Act to encourage the bringing of Christian Servants, 229 131 The like Act, 284 145 An Additional and Explanatory Act to an Act, Entitled, An Act for the good Government of Servants, 327 155 An Act to revive and continued an Act, Entitled, An Act to encourage the bringing of Christian Servants, and to prevent their Running away, 337 171 The like Act, 346 172 The like Act, 419 197 Sessions. An Act for holding a General Sessions, 25 An Act for holding a General Sessions, and General Goal Delivery, 105 An Act for holding a Court of Grand Sessions, Oyer and Terminer, General Goal Delivery and Commission of the Peace of this Island, 299 149 An Act concerning the General Sessions, 444 23 Once in Six Months successively to be held a General Sessions, 1 Governor and Council to appoint a Judge, if they cannot sit themselves, 2 A Writ to be directed to all the Inhabitants, 3 Justices, Coroners, etc. to sand a List of the Freeholders to the Clerk of the Crown, 4 Forfeiture for Non-appearance being Summoned, 5 Officers to give an Account of all Fines, etc. once a Year, 6 Repeal of Two former Acts to this purpose, 7 Sharp. An Act for the enabling the Honourable William Sharp, Esquire, Son and Heir of Colonel William Sharp, late of this Island, Esquire, deceased, to cell and convey a part of his Land being wasted and unimproved for the payment of his Father's Debts, 364 197 An Act for the speedy supplying their Majesty's Ships the Tiger and Mermaid with Men, 395 191 An Act concerning Ships, and the Duty of Masters, etc. 24 43 Ships. Shipping. An Act for laying a Duty on Shipping for the Building of Peers, and clearing the Bar in Carlisle Bay, 319 154 An Act for the setting forth the Brigandine Marygold now taken up in the Service of this Island, and defraying other pressing Necessaries thereof, 404 193 An Act for securing such Persons as shall advance Seven Hundred and Four Pounds Sterling for Victualling His Majesty's Ships of War, the Bristol and Play Prize, and furnishing them with all other of their urgent and pressing Necessities, 407 ib. Vide Court of Common Pleas, Summons. An Act for Accommodation of the King's Soldiers, 88 68 Soldiers. An Act appointing Accommodation of His Majesty's Soldiers, 100 74 The like Act, 103 75 An Act appointing Accommodation of His Majesty's Soldiers, 107 ib. The like Act, 112 82 An Act for Accommodation and Quartering their Majesty's Soldiers lately arrived here, 369 181 An Act for the free Quartering their Majesty's Soldiers, 380 188 An Act for an equal Quartering of the Soldiers of His Excellency's Regiment lately arrived, and that shall arrive here, 400 191 Every Soldier to have Nine Pence per Day from the Treasurer, 1 Soldiers to be Quartered on such as want their Compliment, 2 An Act for an Additional Supply of His Majesty's Regiment, whereof his Excellency Francis Russel is Colonel, 410 194 An Act for the Supply of Commission Officers of His Majesty's Regiment, whereof his Excellency Francis Russel is Colonel, 420 197 Vide Wines. Spirits. 65 Stones. An Act to prevent the raising and taking away of Stones in any part of the Sea about this Island, 82 83 The like Act, 115 124 An Act to prevent the taking away of Stones from the Sea Shoar, 208 The like Act, 244 133 An Act to prevent the breaking or taking away Stones in any part of the Sea Shoar before this Island, 402 192 An Act appointing a pair of Stocks to be provided and placed by the Churchwardens near every Church, 16 14 Stocks. An Act to prohibtt Timber and Heading to be brought from Syrinam, 121 84 Syrinam. The like Act, 127 87 Vide Overseers, Surveyors. T. An Act to prevent frequenting Taverns and Alehouses, 7 7 Taverns. Seamen on Shoar after Eight of the Clock at Night without Certificate, sent to Goal, 1 None obliged to pay Seaman's Scores, 2 An Act to prevent Alehouses and Tippling-Houses selling Liquors and Spirits without Licence, 11 11 The like Act, 92 71 None to cell Wines near Highways, 1 First Offence, 500 lb. Sugar, ib. Second and after Offence, Goal, ib. Not to extend to Seaport Towns, except to Windward of Oistins, and Leeward Six men's Bay, ib. Not unlicenced Persons to cell Wines, etc. but what shall be the Produce of their Plantations, 2 All Articles in Accounts for Strong Liquors voided, 3 None to keep a Still but Planters or Refiners, 4 An Act concerning Taxes, 39 46 Taxes. An Act to burden them who have Rend Charges, 209 125 The like Act, 245 133 Tickets. An Act for better Regulating the manner of giving Tickets out of the Secretary's Office, 231 131 An Act to continued an Act for the better regulating the Manner of giving Tickets out of the Secretary's Office, 260 138 The like Act, 283 144 Towns. An Act for keeping clean the Towns, etc. 36 45 Trade. A Declarative Act concerning Trade, 374 184 Treasurer. An Act appointing a Treasurer of this Island, 314 153 Trespass. An Act about Trespass done by Hogs, etc. Vide Damage and Distress, 8 8 Trial. Trials relating to Negroes; Vide Negro. Trials relating to the Militia; Vide Militia. Trowel. An Act to settle Trowel's Land on the Parish of Christ-Church, 240 132 V Vestry. An Act about Vestries and Election of Vestry-Men, 13 11 The Vestries Assessment to be confirmed by Governor and Council; Vide Act 23 1 36 Sixteen Persons to make a Vestry, 2 Rates published by them to be published every Three Sundays within the Church, 3 One or more Justices to choose Vestrymen, 4 Non-appearance, Forfeit 500 lb. Sugar, ib. An Act to supply the defect in the Choice of Vestry-Men, etc. 81 61 Vestries to choose Surveyors of Highways, 1 An Act impowering the Freeholders of St. James' and Christ-Church to choose a Vestry, 117 84 An Act impowering the Freeholders of the Parish of St. George's to choose a Vestry, 162 102 An Act appointing what Freeholders shall be deemed capable to Elect or be Elected Representatives, Vestry Men, or serve as Jurors, 217 128 The like Act, 358 177 An Act appointing what Freeholders shall be deemed capable of Electing or being Elected Representatves or Vestry-Men, or serve as Jurors, 373 183 An Act appointing the Freeholders of the Parish of St. John's, to meet and choose a Vestry of Freeholders in the said Parish, 405 193 An Act appointing the Freeholders of the Parish of St. Thomas, to meet and choose a Vestry of Freeholders in the said Parish, 421 197 An Act appointing the Freeholders of the Parish of St. Peter's All-Saints to meet and choose a Vestry of Freeholders in the said Parish, 439 234 Under-writings. Voyage. Vide Arrests, An Act for the further Accommodation of his Excellency; Vide Accommodation, Usury. An Act to prevent the Excessive taking of Usury; Vide Money. 28 43 W. Ways. An Act for keeping clean the common Highways and Paths, 23 36 Vestry to choose Surveyors of Freeholders Yearly, 1 Vestry failing, Quarter Sessions to nominate, ib. Surveyors to be Sworn in Ten Days after Election, 2 To view all Highways, and return an estimate of the succeeding Charge, 3 Vestries power to make Assessment on Lands or trade for Repairs, 4 Vestry not making Levy, Surveyor may, 5 Justice to confirm it, ib. Dimensions on Highways, 6 The Surveyor to mend the Ways with Money of the Offender, ib. Not paying Tax Seven Days after Demand, pays double, 7 Surveyors to Summon all Labourers with Tools, 8 Every Default, 20 lb. of Sugar, ib. Power to dig Stones any where to repair the Highways, 9 To press any Cart to carry Stones or Gravel, 10 Pimpiloe Fences not to be planted by the Highways, on pain of 300 lb. every Three Months, 11 Surveyors to turn Watercourses to make new Ditches, 12 Altering old and laying out new Highways, 13 A Jury of the Neighbourhood, ib. 300 lb. Sugar for Jurors not appearing, ib. All Fines, Forfeitures and Issues by this Act to be levied by Warrant from any Justice, 14 Surveyors and Constables to be sued in the Precincts where the Offence is done, 15 Pled the General Issue, give the special Matter in Evidence, ib. Surveyors to give Account to the Vestry at the end of the Year, 16 To stand committed till they accounted, ib. The Dimention of Gates and Gateways in Roads, 17 To pull down Rails in Highways, etc. ib. In old narrow Paths, Causways to be made by the Land Owners, 18 If not made, and Hedges not kept, to be pulled down, ib. General Sessions to order the Quantum, 19 A Justice of the Peace refusing or neglecting his Duty, to be fined 10000 lb. of Sugar, 20 All Acts and Statutes to be voided that are before made to this purpose, 21 Not waste to be committed in Twenty one Days after Possession given by the Marshal on Sale, Waste. An Act for keeping clear Wharves and Landing Places, 10 10 Wharf. Goods lying on the Wharves forfeited. 1 An Act for Weights, Numbers and Measures, 6 7 Weights. All Commodities to be sold according to the Winchester Measure, 1 A Table of the Weights and Measures to be kept in the Secretary's Office, ib. An Act to establish and ascertain the Bushel Weight, by which, all sorts of Corn, Pulse or other the produce of this Island, etc. 350 173 Indian and Guinea Corn, Bonavists, Pease, Beans and other Pulse in Ear or Husk Seventy Four Pound to Bushel, 1 Thrashed, beaten or huskt, 56 lb. makes a Bushel, ib. Forfeit half to the Informer, ib. Halfpenny to the Poor, ib. To be recovered by Warrant from Justice of Peace, ib. An Act for assuring His Excellency Lord Willoughby such Disbursments as he hath been out for this Island, 109 81 Willoughby. An Act for the Annual rating Wines and other strong Liquors, 33 45 Wines. An Act for doubling the Duty on Wines, 54 55 An Act for the Rating Wines and strong Liquors, 60 59 The like Act, 78 65 The like Act, 143 96 An Act to prohibit the bringing of Wines to this Island, 147 100 An Act for raising an Imposition on Wines and other strong Liquors, 149 ib. An Act for continuation of the Imposition on Wines and other strong Liquors, 152 ib. An Additional Act to prohibit the bringing of Wines, 154 101 An Act appointing a Duty to be levied on Wines, 156 ib. An Act for laying an Imposition on Wines, and prohibiting Brandy and distilled Spirits to be imported this Island, 172 107 A Repeal to several Acts relating to the importation of Wines, 174 114 An Act appointing a Duty on Wines, 175 ib. An Act to prohibit the Importation of Brandy and Distilled Spirits, 176 115 An Act to Repeal an Act to prohibit the Importation of Liquors, 180 ib. Wines. An Act to appoint a Duty on Brandy and other Liquors, 181 ib. An Act for laying an Imposition on Wines, 182 ●●6 An Act for continuance of the same, 183 ib. An Act for laying an Imposition on Wines, 189 The like Act, 194 117 The like Act, 197 120 The like Act, 206 122 The like Act, 215 127 The like Act, 222 130 The like Act, 224 ib. The like Act, 296 149 The like Act, 308 153 An Act to revive and continued an Act, Entitled, An Act for laying an Imposition on Wines, etc. 316 164 An Act for laying an Imposition on Wines, 318 ib. An Act to revive and continued an Act, Entitled, An Act for laying an Imposition on Wines and other strong Liquors brought to this Island, 334 167 An Act for laying an Imposition on Wines and other strong Liquors, 325 155 The like Act, 343 172 An Act to revive and continued an Act, Entitled, An Act for laying an Imposition on Wines and other strong Liquors imported this Island, 352 173 The like Act, 363 179 The like Act, 384 190 The like Act, 394 191 An Additional Act to an Act, Entitled, An Act for laying an Imposition on Wines and other strong Liquors, 397 ib. An Act to revive and continued an Act, for laying an Imposition on Wines and other strong Liquors, with an Additional Act, 401 192 An Act for an Imposition on Wines, 406 193 An Act for reviving and continuing an Act for laying an Imposition on Wines and other strong Liquors imported this Island, 411 195 The like Act, 414 ib. THE LAWS OF BARBADOS. An ACT for Printing the Laws of the Island of Barbados, Contained in the Ensuing Volume. FOrasmuch as nothing more conduceth to the Wellbeing, Support, Tranquillity and Benefit of any Place and People, than the Preservation of their Laws, and the Knowledge of them; and daily Experience having manifested innumerable Inconveniences that this Island have suffered for so many Years past, by not having the Laws of the Island (by which they are to be regulated and governed, their Lives preserved and their Estates secured to them and their Posterity) made public and open to the ready View of all the Inhabitants, for want of which, many Persons of great Authority in this Government not being acquainted with all the Laws that are kept in Offices, or, if known, not to be had on sudden Occasions; for want of which also, it often happens in the Multitude of Copies which are taken from the Offices, great Variations and Aberrations are made by heedless and unskilful Transcribers from the Original Laws, and these Copies being obtruded upon Trials for Authentic, have been the Cause of Unjust and Illegal Determinations. And forasmuch as all our Laws on Record have often been in great Danger to have been wholly lost both by Hurricane and Fire, for Remedy of which, and Prevention of many other Inconveniences for the future, and that Rich and Poor may equally have the advantage of free Recourse to the Laws of the Island, as well the Inhabitants, as all other Persons in Parts remote, who have Estates and Interests depending on them, and that the Laws may be collected into one entire Volume: Be it Enacted by his Excellency the Honourable Ralph Grey, Esquire, Captain General, and Chief Governor of this and other the Carribee Islands, the Honourable the Members of his Majesty's Council, and General Assembly of this Island, and by Authority of the same, that the Body of the Laws Collected by William Rawlin, Esq. present Clerk of the Assembly, containing the Laws of the said Island (excepting such as relate to particular Persons, being private Acts) be forthwith transmitted by the said William Rawlin, or his Assigns into the Kingdom of England, in order to the Printing thereof. And be it further Enacted by the Authority aforesaid, That the said Book of Laws when Printed as aforesaid, be, and shall be taken, deemed and held a Good Lawful Statute-Book of the said Island of Barbados, in all Courts, and upon all Occasions whatsoever, as the Statute Book of the Laws of England is deemed, held and taken in that Kingdom. And that any Impression of the said Laws, which shall or may be made by any other Person or Persons whatsoever, and hither Imported, shall be of no manner of Force or Validity in any Courts, or on any Occasion or Occasions within the Island aforesaid. And be it further Enacted by the Authority aforesaid, That all and every Person and Persons whatsoever, that shall hither Import and expose to Sail any of the aforesaid Statute-Books not Printed by the said William Rawlin, his Executors, Administrators or Assigns, that he or they shall forfeit for each Book so Imported and Sold, the Sum of Forty Shillings; one Moiety thereof to his Majesty, his Heirs and Successors, and the other Moiety to the said William Rawlin, his Executors, Administrators or Assigns, the same to be recovered before any Justice of the Peace within this Island (as in Case of Servants Wages) due Proof being made thereof. Provided always, and it is the true Intent and Meaning of this Act, that the said William Rawlin, his Executors or Assigns, within Two Years after the Publication hereof, shall be obliged, and are hereby obliged to 'cause the said Laws to be Printed, and hither transmitted for the Use of the Inhabitants of this Island, he the said William Rawlin and his Assigns, having the sole Benefit of the Impression and Sale thereof. And be it further Enacted by the Authority aforesaid, That the said William Rawlin, or any other Clerk of the Assembly for the time being, have hereby full Power and Authority (while Clerk of the Assembly) to Print all Laws and Acts for the future, which shall be passed by the Governor, Council and Assembly. Septemb. 7th, 1698. Read Three Times, and passed the Council Nemine contradicente, and consented to by his Excellency. Read, and passed the Assembly Nemine contradicente, this Seventh Day of September, 1698. G. pain, acting as Deputy Secretary pro hac Vice. William Rawlin, Cl. Assemb. Nᵒ 1. An ACT or ORDER for the Compiling the Laws by Commissioners. Preamble. WHereas by Virtue of an Act of this Island beating Date the Two and Twentieth Day of March, One Thousand, Six Hundred, Sixty and Six, It is Declared and Enacted, That all such Acts and Statutes as have been made at any time heretofore in time of Kingly Authority, and stand unrepealed, shall be of full Force and Virtue: And that also in the said Act it is Enacted, That we under-written should with all speed Collect and Compile together all the said Acts and Statutes, and that than they should be fairly entered and enroled in the Secretary's Office, and after published in the several Parish-Churches in this Island; as in and by the said Act expressly and more fully appeareth. Now we the Persons by the said Act appointed as aforesaid, do certify, That the several and particular Acts and Statutes foregoing and comprehended in One Hundred Fifty and Three Sheets of Paper, This Order in the Old Collected Laws was inserted at the end of them. are the only Laws and Statutes which we found either originally Made and Enacted, or Revived, Collected, Amended and Confirmed under the Government of his now Majesty, or of his Royal Father, or Grandfather, of ever blessed Memories, and which we have Compiled to be Published according to the said Act, as Laws of Public Concern. And that all the Private Laws ought to be Enrolled, and aught to be of Force from their several Dates and Times (Two Acts only Excepted, wherein we the said Commissioners cannot determine which of them is Valid) both Importing Customs on all the Commodities of this Island hence Exported, yet only one of them can be in force. The First of which Acts is entitled, An Act Importing the Customs, etc. Dated the Seventeenth of January, One Thousand, Six Hundred and Fifty; which was Made and Enacted by Governor, Council and the Representatives of this Island lawfully impowered by Commission from the Earl of Carlisle, thereto impower'd by Letters Patent from the King; and that Act we cannot say is Repealed, by reason that the other Act Dated the Twelfth Day of September, in the Year One Thousand, Six Hundred, Sixty and Three, Importing the Custom of Four and an Half per Cent. and intended to Repeal the former Act, is not free from Objections and Exceptions of several Persons, who conceive the Assembly which consented to that said last Act, was an Assembly not legally continued at the time of making the said Act. We have therefore thought fit to make this Return unto his Excellency, Council and the Representatives now assembled, to the end a Determination therein may be made, as to their Judgements shall seem meet. Dated the 18 of July, 1667. Constant Sylvester, John Jennings, Richard Evans, Edmond Bowden, Philip Bell, Robert Hooper, Simon Lambert. These ensuing ACTS to follow, were collected by the said Commissioners in pursuance of the former Order from the Books in the Office, and other such Books deemed to be faithfully collected; the Original Rolls being lost either in the Hurricane or Fire. Nᵒ 2. An ACT for Officers putting in Security. Preamble. WHereas the Inhabitants of this Island are truly sensible of the great and many Inconveniences which may redound unto them by reason of the Provost Marshal and other Officers Neglect and Carelessness in the due Execution of his and their Offices and Performance of Business incident thereunto, in regard that formerly there hath not been sufficient Security given to make good such Damages as the said Inhabitants do or shall sustain by them or their Substitutes. For Remedy whereof for the present, and prevention of the like Inconveniency for the future, Clause I. Every Treasurer and Marshal to give Security. It is hereby Enacted, Published and Declared, That no Treasurer or Marshal, either Provost or particular Marshal of any Court, be admitted or held capable to execute the Office of Treasurer or Marshal within this Island, without having first put in Security; such as against which, no Exception can be taken, to the Secretary for the time being, payable to the Governor and his Successors, for his honest and just Demeanour in executing the said Office. Nᵒ 3. An ACT appointing Security to be given by the Clerks, etc. of the several Courts within this Island. IT is hereby Enacted, Published and Declared, That no Person or Persons shall hereafter be employed or received into the Office of a Clerk in any of the several Courts in this Island, until they have taken an Oath before the Governor for the time being for their honest, Clerks to take an Oath for due performing of their Offices. true, faithful and careful Performance of their several Duty or Duties respectively incident to their several Places or Offices in the said Courts; and that they shall true Entry make of all such Actions, Orders, Records or other Matters, as they or any of them shall be commanded to enter by the Judge or Assistants of the said several Court or Courts. And that they shall not Raze, Not to Raze or Deface. Deface or Imbezel any Action, Order or Record in any the said Courts, or altar any the same, either by Addition or Diminution of Words, without Advice, Direction, Assent or Consent of the Judge of the Court or Courts aforesaid. And that they shall well and safely keep all such Records and other Writings whatsoever, which shall be committed to their Custody or Trust, either by the said Judge, Justice or Assistants in any of the said Courts. To give Security to make good all People's Damage. And Further, until the said Clerk or Clerks have given Security to the Judge of the Court, such as is without exception to satisfy any Party that shall be injured by his Dishonest Behaviour, if any be, such Damage as he shall thereby suffer. Provided always, Judges not excused to add, altar, raze, etc. Records. that this Act extend not to the privileging of any Judge, Justice of the Peace, or other Person whatsoever, to add or altar, raze out, imbeazel or diminish any Record or Records which shall be kept in any of the Courts of this Island, upon penalty of the Laws of England in that case made and provided. Dated the 13th of March, One Thousand, Six Hundred and Forty Eight. Nᵒ 4. a ACT giving power to Churchwardens to make Sale of Lands, etc. and concerning Surplus of Land within old Bounds, etc. Preamble. WHereas divers of the Inhabitants of this Island do found themselves grieved for want of the proportion of Land formerly sold them, the proportion sold being not contained within their old Bounds, which may in the future beget a great inconveniency, if in case upon Survey, they shall entrench each upon other, for the completing of the proportion of Land so wanting. For Remedy whereof in the future Clause I It is hereby Enacted, Published and Declared, That no Person or Persons inhabiting on the said Island, None to encroach upon old Bounds, but seek Remedy from him he last bought of, if they want. shall hereafter encroach or entrench in or upon any Plantation or Plantations, within any parts of the old Bounds thereof, but are to expect his or their Satisfaction for their Land so wanting from the Person or Persons that last made Sale thereof respectively according to their Bill of Sale. Clause TWO And it is hereby Enacted, Published and Declared, That it shall and may be lawful for any Person or Persons inhabiting in this Island, Any Person may surveyed, the Surveyor taking one Pound of Cotton per Acre. to use and employ any Sworn Surveyor, to lay out any Plantation or Land for any of the Inhabitants of the said Island, so often as they shall have occasion; the said Surveyor not taking for the Survey above One Pound of Cotton for every Acre so by him Surveyed. Preamble. And forasmuch as it is taken into serious Consideration, that the Levies made by the Vestries of this Island for Church-dues, cannot be fully exacted and satisfied, unless the Churchwardens may have power to attach the Land, where other Satisfaction cannot be found, and cell the same, Clause III It is therefore hereby Enacted, Published and Declared, That it shall and may be Lawful, to, and for all and every Person or Persons, Land sold for Church-Duties. Churchwardens may Attach and Cell Lands for Church-Dues. that are or shall be Churchwardens of any the Parishes of this Island, shall from henceforth have power granted in their Attachment for attaching and appraising of any the Lands, and Housing of any the Person or Persons, that do or shall stand indebted upon any of their Parish Levies. And in case the said Persons shall not satisfy the said Levies and Arrears in some Merchantable Commodities; Than the said Churchwardens shall and may make Sale of any such Lands and Housing: And the same Sale shall stand good and effectual against the Heirs, Executors, Administrators and Assigns of the Person or Persons, for whose Dues the same was so attached. Clause IV Provided that in case the Party shall desire to redeem his Land, by satisfying the Levies and Arrears in Merchantable Commodities; Land may be redeemed by Payment, etc. than upon tender of such satisfaction by the Person or Persons, by the last Day of June next, after such Attachment and Appraisement, the same Attachment, Appraisement and Sale, shall from thenceforth be frustrate and voided, to all Intents and Purposes whatsoever. And all such Appraisements to be made by Four Able and Sufficient Men, and the Sales to be made by the Approbation of the Court of the Precincts where the Land lieth. And whereas the common Complaints of many the Inhabitants of this Island, That Surveyors do usually lay Warrants on their Lands to take away a small Surplus of Lands thereunto belonging or adjoining; whereby oftentimes it hath happened, that by means thereof the Provision of many People have been run out to their great Detriment and Damage, have been taken into Consideration: For Prevention of which Mischief for the time to come, Clause V It is hereby Enacted, Published and Declared, That whatsoever Person or Persons within this Island, Allowance of 12 Acres per Hundred, and shall not be taken away as Overplus. doth or shall enjoy Twelve Acres of Ground above one Hundred, within their reputed Lines, and no more, and so proportionably for any greater or lesser Quantity, shall enjoy the same without Molestation, or being taken from him by Warrant. Clause VI And that no Surveyor shall presume to come to the Plantation or Lands of any the Inhabitants of this Island with an Intent to run out the same without the governor's particular Warrant to that purpose first had and obtained, No Surveyor to Surveyed, without the governor's Warrant, Sub Poena 〈◊〉 lib. Tobacco. and first acquainting the Owners of such Land therewith, upon Penalty of forfeiting Ten Thousand Pounds of Tobacco, and Imprisonment during the governor's Pleasure, and made uncapable of executing the Office of a Surveyor for the time to come. Clause VII And it is further Enacted, That no surveyor shall directly or indirectly make any Bargain or Contract for any Warrant to or with any the Inhabitants of this Island, Surveyors to make no Bargain to Surveyed for his private Interest. for his own Benefit upon the Penalty aforesaid. Dated the 13th of March, 1648. Nᵒ 5. An ACT for the Transcription and safe keeping of the Records. Preamble. WHereas the Assembly having taken into mature and deliberate Consideration the unsafe keeping the Records of this Island, of which they have received several Complaints from the Country, being a Business of much Importance and Concernment to the Inhabitants thereof. Clause I It is Enacted, Published and Declared, that the Secretary for the time being, shall forthwith draw an exact List of the several Books of this Island, to the intent the said Records be transcribed with all convenient Speed, Some Persons of Ability to keep the Records. and kept by some Able Man to be nominated for the better preservation thereof, who hereby shall have power to 'cause the same to be Transcribed, and kept as aforesaid: And what Records shall hereafter be made, The Secretary to sand all Records there. shall be sent to the said Chief Officer, by the Secretary from time to time for the intent aforesaid. Dated the Thirteenth of March, 1648. Nᵒ 6. An ACT for Weights, Numbers and Measures. Preamble. WHereas the Inhabitants of this Island have been much abused by false Weights, Measures and Numbers contrary to their Liberty, and the laudable Customs of the Commonwealth of England. For Prevention whereor for the future, Clause I Be it Enacted and Ordained by the Governor and Council, and with the Consent of the Gentlemen of the Assembly, That all Traders to this Island, and Store-house-keepers and others, do hereby take notice, that Six Months after publication hereof, All Commodities to be sold according to Winchester Measure. all their Commodities and Merchandizes shall be sold according to the Weights, Measures and Gauges of Cask used and accustomed in the Commonwealth of England (that is to say) according to Winchester Measure, and according to the Gauges of Cask, and Weights and Numbers used in the City of London, and by no greater or lesser, and what is bought there at one Hundred and Twenty to the Hundred, shall be so sold here. Forfeiture. And whosoever shall directly or indirectly barter, vend or put of any Commodities by any other Weights, Measures, Gauges or Numbers, shall forfeit double the value of the said Commodities so put of, and the Contract made therein, shall be voided in Law, and irrecoverable in any Court within this Island. Forfeiture how to be recovered. The said Forfeitures to be recovered in any Court of Record by Action of Debt, the half to the Public Use, the other half to the Informer. And for the better Observation hereof, A Table of Weights and Measures to be in the Secretaries Office. a Table of the true and exact Weights, Measures and Numbers used in the Commonwealth of England, as afore expressed, shall be hanged up in the Secretary's Office, where all, whom it may concern, may repair, and have a view of the same. Dated the 21st of Decemb. 1652. Nᵒ 7. An ACT to prevent frequenting of Taverns and Alehouses by Seamen. WHereas it hath been taken into consideration the great frequenting of Taverns and Alehouses by the several Seamen arriving to this Island, and the great neglects by them committed in the Service of their respective Masters and Employers, whereby the Affairs of the several Ships are much hindered and prejudiced, and great Damage sustained, besides the unnecessary Expenses of several the said Seamen in many the said Taverns and Alehouses: And by reason of the readiness of several lose People to trust them, which oftentimes the said Masters are forced to Pay or Satisfy, or else their Ships cannot Sail, and their Voyage hindered and lost. For Prevention whereof for the future, Clause I It is Ordained and Enacted by the Governor, Council and Assembly, that whatsoever Seamen shall be found on Shore after Eight of the Clock at Night, Seamen on Shore after 8 a Clock at Night, without a ●●●tificate, to be sent to common Goal. and shall not show a Certificate for his so being on Shore, from the Master or Owner whom he serves, or cannot give a good Account thereof, shall be apprehended by the next Constable or Officer, and conveyed to the common Goal, or set in the Stocks at the discretion of the said Officer, and the next Morning be brought to the next Justice of the Peace, who according as in his Discretion he shall see good, shall release him, paying of his Fees. And what Master of a Family within this Island that shall be found to receive or entertain such Seamen into their Houses after the time aforesaid, being not licenced thereto as aforesaid, shall forthwith on such Default, forfeit and pay unto the public Treasury, to the public Use of this Island, Fifty Pounds of Sugar, the same to be levied by Warrant to the Constable from the said Justice of Peace directed. Clause TWO And it is hereby further Enacted and ordained by the Authority aforesaid, that no Master or Commander of any Ship or Ships, shall be liable to pay any the Scores or Debts made by their respective Seamen in any Taverns or Alehouses in this Island, None obliged to pay Seamens Scores. but that all Persons so trusting any such Seamen for Drink or Wines at any times, they having not Engagement for the same from their Master, shall be incapable of recovering the same in any Court of Record within this Island. January 10th, 1652. Nᵒ 8. An ACT concerning Trespass done by Hogs. IT shall be lawful for any Inhabitant of this Island, to kill or cause to be killed, any Hog or Hogs that shall come into his Provision, Ground or Canes, Cotton, Ginger or Tobacco; and them so killed, to weigh and appraise and dispose of the same, as he pleaseth; and if he knoweth the Owner of them, than he is to pay him what they shall be appraised at, deducting the Damage that the said Hog or Hogs have done. For which purpose, and for the more easy proceeding therein, and concerning the Trespass done by Hogs, Clause I It is Ordained and Enacted, that the Appraisement of any Two next Freeholders to the Place where such Trespass shall be done and sworn to in Court, What Evidence shall be good. shall be sufficient Evidence to the Jury to proceed therein; any Law to the contrary notwithstanding. Clause TWO And in case the Owner be not known, than he shall nail up the Marked Ears of the said Hogs Fourteen Days, Nailing up the Ears. in a public Place, that the said Owner may be found out. Clause III But if such Damage shall be done by Horses, , Assinecoes, Goats or Sheep; For impounding. in such case the Party damnified, may impound the same according the Laws of England, until replevin be made. And the Party damnified, How the Damage shall be adjudged. may likewise desire the said Two Freeholders' appointed as aforesaid, to view and adjudge the Damage, and set it under their Hands, which being sworn to in Court as aforesaid, shall be sufficient Evidence to the Jury, which shall be impannell'd for the Trial of the Action: In which the said Party damnified, is to be allowed Two Pound of Sugar per Day, for every Head during the time he lawfully keeps the same. Nᵒ 9 An ACT declaring what Proofs to Bonds, Bills, Procurations, Letters of Attorney or other Writings, shall be sufficient in Law. Preamble. WHereas by reason of the great Distance between this Place and England, direct Proof concerning Deeds, Bonds, Writings or other Specialties for Moneys or Goods taken up or engaged for, and towards the Supply and further Settlement of this Island, and of Letters of Attorney, Procurations or other Powers, to prove the same cannot be had: And also any Bonds or Specialties hereafter to be taken upon any Consideration whatsoever. Whereby great Mischiefs have redounded to the good People of the Commonwealth of England, and great Obstructions to the Justice of this Island, no express Provision being made therein. For Remedy whereof, Clause I Be it Enacted and Ordained by the Governor, Council and Assembly, and by Authority of the same, That such Deeds and Bonds, or other Specialties, all Letters of Attorney, Procurations or other Powers in Writing, which shall at any time after publication hereof, be produced in any Court of Justice within this Island, The manner of proving Foreign Debts or Specialties. attested to have been proved upon Oath, under the Corporation Seal of the Lord Mayor of London, or any other Mayor or chief Officer of any City or Town Corporate within the Dominions of the Commonwealth of England, shall be taken, deemed and adjudged, as sufficient in Law, as if the Witnesses in them named and subscribed, had been personally there, and proved the same. Clause TWO And that such Attestation shall be sufficient Evidence to the Jury to give Verdict thereon, The Jury and Judge to accept such Proof. and sufficient Warrant to the Judge to proceed to all Lawful Intents and Purposes whatsoever, any Law or Custom to the contrary notwithstanding. Provided nevertheless, Proviso. and it is the true intent and meaning of this Act, that to prevent all Deceits that may hap therein, no Execution shall be granted upon any Judgement had upon the Testimonies so certified as aforesaid, until the Plaintiff (if the Defendant so require) have first given good Security in double the Sum recovered, unto the Judge of the Court where such Recovery was had, that the Debt recovered was a just and real Debt, and that the whole nor any part of what he demands, was ever satisfied unto the Creditor, or any other by his Order, for his Use; or that what he demands upon the Especialty upon which he sues, was ever satisfied by any, in whole or in part. The Debtors have Two Years to disprove. And that the Debtor have Two Years time to disprove the said Debt or any part of it, and therein have the same advantages of Proofs, as the Creditor is allowed by this Act. And also he shall have power to bring before the said Mayor or other Chief Officer, any Collateral Proof, as by Verbal Testimonies, although he have no Specialty or Acquittance: Also Bills of Loading, or other circumstantial Proof; which being certified to have been testified upon Oath as aforesaid, shall be held sufficient for disproof of the said Debt, or any part of it. And if in that time it be 〈◊〉 nor any part of it disproved, that than the said Security shall be 〈…〉 Bonds or Bills taken thereon, be delivered up and cancel●●● 〈…〉 the whole Demand or any part of it be in that time disproved, the Plaintiff shall pay what is so disproved, The Plaintiff to pay what is disproved, and triple Damages. Proviso. to the Defendant with Triple Damages, which by the Defendant shall be proved to a Jury that hath suffered thereby. Provided also, That no Creditor shall take Benefit of this Law, but such an one as hath first taken his Oath before the said Mayor or Chief Officer, that shall make the said Certificate, that neither the whole Demand, nor any part thereof is satisfied. But if the said Creditor claim the Debt, as Executor or Administrator, than he shall only Swear, that to his Knowledge, neither the whole, nor any part of the said Debt is satisfied. Nᵒ 10. An ACT for the keeping clear the Wharves or Landing Places at the Indian Bridge, and on Speght's- Bay, alias Little-Bristol. Preamble. WHereas many Merchants, Storehouse-keepers and other Persons, who having Goods, Merchandizes and other Commodities imported to this Island, after the Landing thereof, care not in any reasonable time to remove and take away the same; so that the Wharves or Landing-Places are greatly stopped, and as it were quite blocked up, to the great Obstruction of Passage, Shipping and Landing of Goods, which otherwise would be sufficient for the same. For the Prevention whereof for the future, and more free dispatch of Maritime Affairs, conducing both to the Commodity of, as well the Inhabitants of this Place, as the Merchants here and hither trading. Clause I It is Enacted and Ordained by the Governor, Council and Assembly, and by the Authority of the same, That where any Goods, Merchandizes or other Commodities whatsoever, shall be found to lie, be or remain on any public Wharves or Landing-Places, at the Indian-Bridge-Town, or Speght's- Bay, alias Little-Bristol, over and above the Space of One whole Week, Forfeiture of Goods lying on Wharves. the Owner of such Goods or Commodities so lying, and being as aforesaid, shall forfeit for every Day they shall so lie, above the Space of a Week as foresaid, Five Hundred Pounds of Sugar, the same to be levied upon due Proof upon Oath, of any one or more Witnesses, before any Two Justices of the Peace, by Warrant of Distress, under their Hands, directed to the next Constable; the one half to be the Informer, the other half to the public Treasury of this Island; any Law, Usage or Custom to the contrary hereof notwithstanding. January the Ninth, One Thousand, Six Hundred, Fifty and Four. Nᵒ 11. An ACT prohibiting Persons from keeping a common Alehouse or Tippling House, selling any Liquors, or this Country Spirits to drink in their Houses or Plantations, without Licence. Repealed. Nᵒ 12. An ACT that the bringing Writs of Errors, and other Equitable Matters, before the Governor and Council, to be by them determined, be and do continued in Force, according to the Ancient Customs of this Island. Preamble. WHereas for the speedy and due Administration of Justice, and Right to all, it hath anciently been the Custom and common Practices within this Island, for the Governor and Council, to hear and determine all Writs of Errors, Petitions of Grievances, and all other Equitable Matters whatsoever, which have come, and been presented before them, either at their private Meeting as Governor and Council, or as they held and set in General Sessions. And whereas, also the same Custom and Practice hath continued from the Settlement of this Island, and being exercised by the Governor and Council successively, as adjudged by the representative Body of this Island, to be the best and most expedient means of administering equal Right to the People. It is therefore the Desire of the Gentlemen of the Assembly, to the Governor and Council, that it may be Enacted and Ordained. And be it Enacted and Ordained, by the Governor, Council and Assembly, That the said Custom and Usage of hearing and determining all Writs of Error, Petitions of Equitable Causes, and other such like Matters, by and before the Governor and Council, do continued and be in force, according to the ancient Custom and Practice within this Island: Any Law to the contrary notwithstanding. Dated the Fifteenth Day of January, 1655. Nᵒ 13. An ACT concerning Vestries. Preamble. WHereas it hath been taken into serious Consideration, how burdensome, grievous and intolerable it is to the Inhabitants of this Island, to pay the Assessments and Levies which have been made, laid and imposed upon them by the several Vestries of the Parishes of this Island, by a Power granted them by a former Statute, whereby many one's Estates have been exhausted and taken from them, to make Payment of the said Assessments and Levies. Which to prevent for the future, and to reduce such their Power to a limited and known lawful way of Assessing and Levying, Clause I It is hereby Enacted, Published and Declared, That no Assessment or Levy whatsoever, either upon Land, or by the Head, which shall be made by any Vestry of this Island, shall be of Force or Validity against any Person or Persons charged for Payment of the same, Assessments to be confirmed by Governor and Council. until such Assessment and Levy shall have received a Confirmation by the Governor and Council, either for Approbation thereof, or otherwise determining of the same, as to them shall seem just and reasonable; any former Act to the contrary notwithstanding; which said Assessments and Levies, the said Vestries are to present to the Governor and Council presently upon making the same, to receive such Approbation or Determination, that there may be no stop or hindrance in collecting the same. Clause TWO And it is hereby further Ordained and Enacted by the Authority aforesaid, That all the Freeholders of every Parish within this Island, shall repair to their respective Parish-Churches every Year successively, on the Second Monday in January, Sixteen Persons to be the Annual Vestries. and there by their free Voices, choose Sixteen Persons to be the Vestry-men of their Parish for the Year ensuing; which said Vestrymen so Elected, or the mayor part of them, have hereby power to manage all business of the said Parish, to set Rates for defraying their Parish Charges, and to discharge and perform such other Duties in behalf of their said Parish, as doth belong to their Office and the Trust reposed in them. Clause III And the said Rates so made by them, being published Three Sundays in the Parish-Church, Rates publishing Three Sundays in the Church. and no exception taken to it, shall be approved of, and confirmed by the Governor and Council, and Attachment under the Governors' Hand, granted for the Levying and Raising the same. But in case exception be taken to the said Rates, the Party grieved shall be heard, and his Tax examined, concluded and determined by the Governor and Council before the Confirmation thereof passes as aforesaid. Preamble. And whereas great Complaint hath been made of the Neglect of the several Persons chosen for Vestrymen to convene and meet at their appointed times to manage and carry on their Parish-Affairs. For better proceed therein for the future, Clause IV It is Enacted and Ordained by the Governor, Council and Assembly, One or more Justices, to summon Vestry-men. and by the Authority of the same, that any one or more Justices of the Peace in any the Parishes within this Island, have hereby power (as occasion shall require) to Summon and Convene at the Parish-Churches, the respective Vestry-men, Churchwardens and others of their Parish-Officers, to debate and consult about the Parish and Church Concernments, and whatsoever Vestry-man, Churchwarden or other Officer so required, to appear (such notice being given at his House) shall fail to convene and meet accordingly (such excuse being not given or sent, as the said Justice shall approve and allow of) shall forfeit Five Hundred Pounds of Muscovadoe Sugar, Five Hundred Pounds of Muscovadoe Sugar, forfeit for non-appearance. to be levied by warrant of Distress, from the said Justice or Justices, to the next Constable, and be employed to the use of the Poor of such Parish, for the defraying other Parish Duties or Charges, the Constable to be allowed Ten per Cent. for his Distress; and in case of Refusal, to be committed to the common Goal, until he shall perform the same. Nᵒ 14. An ACT for limiting the Assemblies Continuance. Preamble. WHereas by sad experience we have found, That the long setting of Representatives hath been the occasion of many Factions and Divisions, and of great Distraction in the whole Nation and the People that chose them, though they be never so much unsatisfied or displeased with their Actions, cannot by reason of their unlimited Election, put a seasonable end to the power which they have given them. For Prevention therefore of the evils which such a Custom may possibly bring on the Inhabitants of this Island. Be it Ordained and Enacted by the Governor, Council and Assembly, and by Authority of the same; That this present Assembly, No Assembly to set but one Year. nor any future Assembly to be held within this Island, shall be and continued any longer, than for one whole Year from their time of first meeting, as an Assembly, fully to be complete and ended. And the Elections now lately, and which hereafter shall be made of Freeholders' to set in the Assembly, shall (though the same be not expressed) be held, deemed and adjudged to be an Election to continued of force, not longer than for, and during the Term of One Year, and to be reckoned from the time of their first meeting as aforesaid: Any former Law, Custom or Usage to the contrary hereof notwithstanding. August the 6th, 1660. Nᵒ 15. An ACT or Order for the Publication and Execution of the Acts concerning the Uniformity of Common-Prayer. Preamble. WHereas divers opinionated and self-conceited Persons have declared an absolute Dislike to the Government of the Church of England, as well by their aversion and utter neglect or refusal of the Prayers, Sermons and Adminstration of the Sacraments, and other Rights and Ordinances thereof used in their several Parish-Churches, as by holding Conventicles in Private Houses and other Places, scandalising Ministers, and endeavouring to seduce others to their Erroneous Opinions, upon Pretence of an alteration of Church-Government in England. All which their Misdemeanours, have begotten many Distractions, a great Reproach and Disparagement to the Church and Ministry, and Disturbance of the Government of this Island: For Suppression of which their disorderly Courses, Clause I It is hereby Ordered, Published and Declared, and all Persons whatsoever inhabiting or resident, All People to give due Obedience to the Government of the Church of England. or which shall inhabit or reside in this Island, are in his Majesty's Name strictly hereby charged and commanded, That they and every of them from henceforth give due obedience, and conform themselves unto the Government and Discipline of the Church of England, as the same hath been established by several Acts of Parliament, and especially those which are at large expressed in the fronts of most English Bibles. Which Acts of Parliament, the Ministers of every Church and Chapel in this Island, are hereby required to read publicly and distinctly in their several Parish-Churches and Chapels; that thereby all Persons may know what is their Duty in this behalf, and the Penalty they incur by their Contempt and Neglect thereof; which all that appear faulty in, must expect to have strictly put in Execution against them. And all justices of the Peace, Ministers, Churchwardens and other his Majesty's Officers of this Island, that may give furtherance to the execution of the aforesaid Acts, are hereby required in his Majesty's Name, to do their Endeavour therein to the utmost of their Powers, as they tender their several Duties to Almighty God, and their Allegiance to our Sovereign Lord the King, and the due Execution of their several Places and Offices whereto they are called. Nᵒ 16. An ACT concerning Morning and Evening Prayer in Families. Preamble. THat Almighty God may be Served and Glorified, and that he give a Blessing to our Labours, Clause I It is hereby Enacted, That all Masters and Overseers of Families, Morning and Evening Prayers to be said in Families. have Prayers openly Said or Read every Morning and Evening with his Family, upon Penalty of Forty Pounds of Sugar, the one half to the Informer, the other half to the public Treasury of this Island. Clause TWO That all Masters of Families that live within Two Miles of their Parish-Church or Chapel, All that live within Two Miles, to hear Prayers twice daily. shall duly repair thereto, Morning and Evening, on the Sabbath, with their Families, to hear Divine Service; and they which live above Two Miles from such Church or Chappel, to repair to such Church once a Month at lest, Above Two Miles once in a Month at lest. under Forfeiture according to the Law of England in such Case provided. If a Servant make Default of repairing to the Church according to the true intent of this Act; if the Fault be in his Master, than his Master is to pay Ten Pounds of Cotton for every such Default; if the neglect be in the Servant, he is to be punished at the Discretion of the next Justice of the Peace. Clause III That every Minister begin Morning Prayers every Sunday, by Nine of the Clock in the Morning, and Preach once that Day at lest. Preamble. And forasmuch as little care hath been observed to be taken by Parents or Masters of Families for the instruction of their Children or Servants under Years of Discretion, in the Fundamentals of Christian Religion, or the knowledge of God, and as little Endeavours used therein by any the Ministers of this Island: So that Religion comes thereby to be scandalised, and the Worship of God contemned, and all manner of Vices through the ignorance of Persons attaining Maturity of Years, encouraged and countenanced. And for the better information therefore, of all sorts of Persons concerning God and the true Religion, Clause IV It is Ordained and Enacted, by the Governor, Council and Assembly, and by the Authority of the same, That the respective Ministers of this Island, in their several Parish-Churches or Chapels of Ease, on every Sunday in the Afternoon, do there publicly exercise the duty of Preaching, That Ministers are to Preach or Catechise every Sunday. or of the catechising and questioning all the Youth and others that shall come before them, in the points of the Christian Faith, and endeavour by such Questions to instruct them concerning God, and the Fundamentals of the Christian Religion, and all the Articles of the Christian Faith. Clause V Item, That the Churchwardens of every Parish shall forthwith provide a strong pair of Stocks to be placed so near the Church or Chappel, as conveniently may be, and the Constables, Churchwardens to provide Stocks near the Church. Churchwardens and Sidesmen, shall in some time of Divine Service, every Sunday, walk and search Taverns, Alehouses, Victualling-Houses or other Houses, Search Taverns, etc. where they do suspect Lewd and Debauched Company to frequent. And if they shall found any Drinking, Swearing, Gaming, or otherwise misdemeaning themselves, that forthwith they apprehended such Persons, and bring them to the Stocks, there to be by them imprisoned, the space of Four Hours, unless every such Offender pay Five Shillings to the Churchwardens of the said Parish for the use of the Poor. Clause VI Item, Whosoever shall Swear or Curse, whereby the Name of God is blasphemed, if a Master or Freeman, Against Swearing and Curseing. he shall forfeit for every such Offence, Four Pounds of Sugar; if a Servant Two Pounds of Sugar; and if the Servant hath not wherewithal, than to be put in the Stocks. Provided this Statute take not away any Master's Power in correcting their Servants for the Offence aforesaid; the said Fines concerning the said Masters and Freemen to be immediately paid and levied, for the use of the Parish out of his Estate. Clause VII And it is further Ordained and Enacted by the Authority aforesaid, that all and every the Churchwardens of the several and respective Parishes within this Island, Churchwardens to be Sworn. be sworn upon the Holy Evangelists of God upon his Election to the said Office, for the Discharge thereof by the Justices of the Peace for the respective Parishes, in manner and form, according to the Laws and Constitutions of the Kingdom of England. And that the said Churchwardens and every of them, To present Offenders. do duly make their Presentments at the next Quarter Sessions, by virtue of his Oath, to the end that all Persons presented, may appear and answer to all such Crimes, as shall be objected against him. Nᵒ 17. An ACT appointing a Special Court for the speedy deciding Controversies between Merchant and Merchant, or Mariner and Mariner, or Merchant and Mariners, about Freight, Damage or other Maritime Cases. Preamble. WHereas many Maritime Cases and Differences often hap between Persons trading in, and Sailing to and from this Island, which by reason of the necessity of the sudden departure of the Persons concerned therein, and of the Witnesses, that are to give Testimony about the same, cannot stay to be decided in the usual Courts, according to the ordinary times therein allowed and accustomed. And therefore if some more speedy course of Administration of Justice in such Cases be not established, the Persons injured are forced rather to loose their Rights, than suffer more by their demurrage here. For Remedy whereof for the future, Clause I Be it Enacted by the Precedent, Council and Assembly, and by the Authority of the same, that in all such Cases above recited, the Governor, Special Courts how to be constituted. Precedent or Commander in chief for the time being, may and shall upon the Petition of the Plaintiff, appoint and constitute a special Court, and by Commission appoint Five Judges, who, or any Three of them, shall be thereby impowered according to the Laws and Customs of the Kingdom of England and this Island, to hear, try, and finally determine the same; and therein grant Execution accordingly, wherein no unnecessary Delays shall be cast or allowed. July the Fourth, One Thousand, Six Hundred and Sixty one. Signed, Humphrey Walrond. Nᵒ 18. An ACT Establishing the Courts of Common-Pleas in this Island, declaring also a Method and manner of Proceed both to Judgement and Execution, which are to be observed in the said Courts. Common-Pleas Court. Clause I IMprimis, It is Enacted and Declared by the Precedent and Council, and the Gentlemen of the Assembly, and by the Authority of the same, That according to the Practice hitherto observed, this Island be distributed into Five Precincts, The Island divided into Five Parts. Viz. The Parish of and St. Philip's, to make one Precinct; St. Michael's, St. George's and St. John's another; St. Thomas and St. James another, St. Peter's, All-Saints and St. Lucy's a Fourth Precinct; and St. Andrews Overhills, and St. Joseph's, a Fifth Precinct, according as hath been by former Laws Established. And that in each of these Precincts, be held a Court of Common-Pleas, by one Judge, and Four Assistants appointed or to be appointed by Commission, under the Hand and Seal of his Majesty's Commander in chief of this Island for the time being, thereby giving them, or any Three of them, power to hear and determine all Common Pleas according to the Laws of England, and Laws and Customs of this Island: 1st Court. The First of which Courts shall begin to be held and kept at Oistins, alias Charles-Town, the last Monday and Tuesday in every Year, 2d Court. which shall hap to be in the Month of January. The Second Court shall be held and kept on the Wednesday, Thursday and Friday next following, 3d Court. at the Town of St. Michael's. The Third Court shall be held and kept at the Hole alias James-Town, the Monday and Tuesday next ensuing. 4th Court. The Fourth Court shall be held and kept at the Town of Speghts, alias Little-Bristol, the Wednesday and Thursday next ensuing. And the Last Court shall be held in the said Parish of St. Andrew's, Last Court. the Friday and Saturday following. And so the said respective Courts, are to continued their respective Setting, from Four Weeks, to Four Weeks on the said several Days above limited and appointed, until the Twenty Sixth Day of September; and than the said Courts are to be adjourned during the dead time of the Year, until the said last Monday in January next following, and than again to revive and continued according to the limitation above prescribed. And the chief Judge of each of the said respective Courts, have hereby power to command the appearances of the Defendants, as well in Plea Real as Personal, or mixed by Warrant under their respective Hands and Seals. Provided that the Plaintiff have first entered his Declaration on Record, and that a true Copy thereof attested by the Clerk, be annexed unto the said Summons, Summons the Defendant 10 Days. and that the Persons of the Defendant's be served therewith, or that the same be left at the Defendants House, or Place of his most usual Abode, Ten Days at lest before the setting of the Court, from whence the said Summons may issue. And if the Defendant shall fail to appear the Second Court after such Summons duly served in manner as aforesaid, and upon Oath proved the first Court so to have been, or appearing, shall not readily join issue on the matter in fact, Plea in Bar or Abatement. or pled some good and substantial Matter in Bar of the said Action or Abatement of the Writ, or can show no sufficient Cause to be allowed by the said Court for such his Defaults, That than, and in all such Cases, Judgement at the Second Court. Judgement shall be immediately entered against the Defendant: But if at the said Second Court, the Defendant shall appear and join issue on the Matter in fact, Join Issue at the Second Court. or pled such a substantial Matter in Bar or Abatement as aforesaid (wherein great Caution is to be had by the Court, No Demurrer in the Second Court. not to allow of any dilatory Pleas or Demurrers or frivolous Abatements,) Than a Day shall be given the said Parties for Trial of the said Matter in fact, or determining the said Matter in Law the next ensuing Court. And if at that Day the Defendant make Default when called, the Evidence of the part of the Plaintiff shall be taken, and Judgement entered thereon, according as to the Courts shall seem just and right. But in case the Plaintiff shall neglect to appear at the said Day when called, than a Nonsuit to be entered against him. And to the intent Jurors may not too long attend, Clause TWO Be it Enacted and Declared by the Authority aforesaid, That no Jury be summoned and sworn to try an Issue in fact (except it be by consent of Parties) but only such Issue as hath been agreed and joined in some former Court. Jurors to try no Issue, but what joined some former Court, except by Consent. And to the end that such speedy and full Execution of the said Judgements may be made, as may stand best with the Constitution of this Place, and the Necessities of the People, Clause III Be it further Enacted and Declared by the Authority aforesaid, That Fourteen Days after Judgement entered at the Request of the Plaintiff or his Attorney, Fourteen Days after Judgement, Execution to issue. the chief Judge of every respective Court wherein the said Judgement is obtained, shall under his Hand and Seal issue a Warrant to the Marshal or his sufficient Deputy in the first place, The form of an Execution. to attach any the Cotton, Tobacco, Ginger, Sugar or Indigo belonging to the Defendant; if none such, than the Servants, Negroes, , Horses or other Movables; if none such, than the Lands, Plantations or Houses of the Defendant: And lastly, if none such, than to Arrest the Person of the Defendant, and him in safe and strict Custody to keep, until he hath satisfied the Plaintiff. All which said Movables, shall at the Defendants Charge, All moveables to be sold the First Market-day after 80 Days. at the first Market-Day, in an Act lately appointing Markets (Saturdays excepted) which shall hap within that Precinct, after Eighty Days after the Attachment laid, be exposed to Sale by the said Marshal, or his sufficient Deputy, Sale between Twelve and Four a Clock in the Afternoon. between the Hours of Twelve and Four of the Clock in the Afternoon, and be accordingly sold to the best Chapman, for the ready Species, or kind of Goods which the Plaintiff recovered in that Action, and the produce of such Sail immediately deliver to the Plaintiff. Vide Act for the regulating Outcries. But if it shall so hap, that the Defendant through wilfulness or negligence fail to bring the said Movables to the said Market, than shall the said Marshal or Deputy in the said Market, give Notice where the said Goods are, and where they lie, and that they are exposed to Sale the next Day at the Place where they lie; which said next Day, between the Hours of Twelve and Four as aforesaid, the said Marshal or Deputy shall accordingly effect. Defendants in St. Andrews and St. Joseph's, may order Sale at the Hole Speghts or St. Michael's. And in regard St. Andrew's and St. Joseph's have no Market within their Precints, it shall be in the Election of the Defendant, where their Goods attached, shall be exposed or sold, at the Hole-Market, Speghts or St. Michael's. And if it shall appear on the Sale, that the Goods Attached, do not produce sufficient to satisfy the Plaintiff, than the Marshal or Deputy is to proceed to attach further, until he hath sufficient, and the same to expose and cell at the next Market following, in manner aforesaid. And in case the Buyer shall be at any time sued for any Goods or Chattels, The Buyer, if sued, to pled the Sale in Bar. which he shall so buy of the Marshal or Deputy aforesaid, in such Actions the Buyer shall pled the said Sale in Bar, which shall be accepted by the Court as a good Bar in that Action; and of every such Sale, Sales to be reform and filled in Court. the Marshal or Deputy shall make Certificate in Writing under his Hand and Seal, which shall be returned and filled in the Office of the Precincts where the Recovery is had. Clause IV And be it further Enacted by the Authority aforesaid, that in case any Person which shall buy any of the said Goods or Chattels for ready Pay (in case the Plaintiff will take his Word, which he may if he will, or refuse to do) do not perform the same within Five Days after, The Buyer to pay in Five Days, except the Plaintiff agreed. or otherwise content the Plaintiff, The judge of the Court where the said Certificate is filled, is hereby authorised and required to issue Execution against the said Buyer for the Sum, Execution for 20 per Cent. which it appears on the said Certificate he contracted to pay, and Twenty per Cent. more in proportion, for what he hath not paid: For which the said Marshal or Deputy shall Attach, expose to Sail, and Cell at the next Market, in manner as aforesaid, and the Proceeds thereof to deliver to the said Plaintiff for his Satisfaction. Clause V The Defendant to keep Goods Attached 80 Days at his own Hazard. This Clause Repealed, Act 189, Clause I. Defendant refusing to keep the Goods, the Marshal to cell the Goods Attached at the next Market. And be it further Enacted by the Authority aforesaid, that it shall be in the choice of the Defendant, from whom the said Goods are Attached, at his own hazard to keep the same in his Custody, during the said Eighty Days, and during the said time, by paying the Debt, or otherwise compounding with his Creditors to redeem the same. But if the Defendant refuse to keep the same, than the Marshal or Deputy is hereby required forthwith to proceed to the Sale at the next Market after such refusal. And if it perish before Sale, it shall be on the Defendant's Account, and the Marshal or Deputy to Attach a new, for further Satisfaction for the Plaintiff, and the next Market to expose to Sale as aforesaid, Marshal to answer for the Goods he shall abuse. unless the said Goods have been abused by the said Marshal or Deputy: And in such case, the said Marshal or Deputy is to be responsible according to the wrong he hath done. Clause VI And be it further Enacted by the Authority aforesaid, That if it shall appear to the Judge of the Court, by the confession of the Party, or the Oath of Two Credible Witnesses, that the Defendant hath made away any of the , Stock or other Goods, after the same hath been duly and legally Attached; The Judge to commit him who makes away Attached Goods. whereby the Plaintiff is disappointed of his full Payment or any part thereof; such Person for such Offence, shall be immediately by the said Judge, committed to Prison, there to remain without Bail or Mainprize, for and during the space of Fourteen Days: And if before the Fourteenth Day he hath not satisfied his Creditor, or bring forth the said Goods Attached, or other Goods to the said value, No satisfaction in Fourteen Days, to be pilloried. The Marshal to re-attach and cell. he shall by the Provost Marshal on a Precept from the chief Judge of the Court, where such fault is committed, be put into the Pillory, and loose both his Ears. And the Marshal or Deputy shall Attach what other Estate he hath for the Plaintiff's Satisfaction, and on the next Market-Day in that Precinct, Expose and Cell the same in manner aforesaid. But if it shall hap that the Defendant hath no Personal Estate or Negro, whereby to satisfy the Plaintiff, Than, and in such case, If no Personal than the re●● Estate to be Attached. the Marshal or Deputy shall be authorised to Attach the Lease-Lands, Freehold, or Land of Inheritance, or Houses belonging to the Defendant. Clause VII And in regard the way used in England by Extent upon Lands for the Satisfaction of Creditors, may not be so well practised here, by reason of the tedious and slow Proceed therein, and the great Disburstments the Plaintiff must be at, in stocking the Lands delivered to him, before he can reap Satisfaction. And the Authority here being desirous to give a more speedy and certain Remedy, have Enacted and Ordained, and be it Enacted and Ordained by the Authority aforesaid, After Eighty Days to appraise Lands. That Eighty Days after the Attachment laid on Lands as aforesaid (in case the Debts, Damages and Costs, be not fully in the mean time paid, or the Plaintiff otherwise satisfied) the chief Judge of the Court whence the said Attachment issued, Seven Appraisers, if Twenty Acres. Five if under Twenty. shall under his Hand and Seal direct a Warrant of Appraisement to Seven of the Ablest Freeholders of the Parish, where the Attached Land lies (in case the Lands Attached be Twenty Acres or more; but if under Twenty Acres, than to Five of the like Persons) (no Man to be excepted but his Majesty's Commander in chief for the time being) thereby impowering and requiring the said Seven or any Five of them, or the said Five or any Three of them, to repair to the said Land Attached, and of the same to make a just and conscionable Appraisement upon Oath, and the same to set down in Writing, under their Hands and Seals, according to the best of their Judgements and Understandings. And for the better method of Proceed herein, the said chief Judge shall at the same time, together with the said Warrant of Appraisement, make his Precept to the Marshal or Deputy, to summon the said Persons so nominated by the said Judge, and to attend them to the said Land Attached; and than and there to administer to them severally upon the holy Evangelists this Oath ensuing, Viz. You shall Swear, The Appraisers Oath. That you will True, Just and Conscionable Appraisement make of the Lands, Houses, etc. now shown unto you according to the best of your Judgement and Understanding, and neither for Favour nor Affection; Hatred or Malice, vary from the true Value, which in your Judgement you think the same to be really worth. So help you God, and the Contents of this Book. And the said Judge is hereby required to appoint the most Eminent, Appraisers to be Parishioners not Friends or Enemies. Ablest and Sufficient Persons of the said Parish for the Service aforesaid, and to be cautious that they be neither of Kindred, Affinity, or noted Friends or Enemies to either Party, or that have by any Words or Actions discovered any Partiality towards either of them. And that there may be no failure of the Execution of Justice in this behalf, Clause VIII Be it further Enacted by the Authority aforesaid, That if any of the Persons that shall be duly Appointed and Summoned for the Service aforesaid (showing no lawful Cause to be approved on by the said Judge) shall neglect to make his Appearance at the Time and Place by the said Warrant appointed, or appearing, shall refuse to take the said Oath, or perform the said Service; One Thousand Pounds of Sugar for the Appraiser, who denies his Duty. they shall severally for every such Offence, forfeit the just quantity of One Thousand Pounds of Muscovadoe Sugar; the half to the Public Use, and the other half to the Party grieved thereby, the same to be recovered by Action of Debt, Bill, Plaint or Information in any Court of Record within this Island. Clause IX And be it further Enacted by the Authority aforesaid, That after such Appraisement made and returned, the said Marshal, his Deputy or other Officer duly authorised thereunto, The Marshal to put the Plaintiff in possession. The Defendant may give a Bill of Sale. shall put the Plaintiff in quiet and peaceable Possession of the said Land: And the said Defendant, if he will, may than give unto him a Bill of Sale, to have and to hold the same unto him and his Heirs for ever, in satisfaction of so much of his Debt, as the said Appraisement shall amount unto. And the said Marshal is to Attach further, if it be too short, to be disposed of, and ordered in the manner aforesaid: But if it shall hap that the Appraisement be more than the Debt, than so much of the Land to be returned to the Defendant, as the Overplus shall amount unto. And in case the Title of the said Land be questioned, the Plaintiff shall vouch the said Defendant, and upon Eviction of the said Land from the said Plaintiff, the said Plaintiff to be forthwith repaired in value out of other the Estate of the Defendant. And to the intent all reasonable means may be allowed to the Defendant for preserving his real Estate, Clause X Be it further Enacted by the Authority aforesaid, That the Plaintiff upon entering into Possession of the said Lands as aforesaid, shall become bound to the Judge of the Precincts in double the Sum of the Appraisement, The Plaintiff bound that he will not commit Waste in 20 Days after Possession. that he will not commit or cause to be committed any Waste upon the said Land during the space of Twenty Days next ensuing. And that if before the expiration of the said Twenty Days, the Defendant do well and truly pay him his principal Debt with Damages for Forbearance to the time of his Possession given, and his full Costs and Charges in the Suit expended, such as the Court will Tax, That than on such Payment he shall and will restore the Defendant to the Possession of the said Land and Houses, etc. in as full manner, as the Defendant had it before the said Attachment and Appraisement was had and made. But if no such Payment be made within the said Twenty Days, than the said Marshal or Deputy that gave the Possession aforesaid, or his Successors, 20 Days after Possession given the Marshal, to give a Bill of Sale. shall immediately after the said Twenty Days, give a Bill of Sale, under his Hand and Seal, of the said Land, to the said Plaintiff and his Heirs for ever: Which Bill of Sale shall be good and valid to the said Plaintiff and his Heirs, against the said Defendant and his Heirs, and all claiming from, by, or under him, them, or any of them. Clause XI And be it further Enacted by the Authority aforesaid, That in case the Defendant do neglect to bring the Sugar, Cotton, Indigo, Tobacco and Ginger (being not the Species Recovered or Attached) to the Market, at the time of this Act appointed, whereby the Marshal or Deputy is enforced to cell the same, The Defendant to be at the charge of Carriage of Goods to the next Market. at the Place where the said Goods or Commodities lie: In such case, the same after Sale shall be carried to the next Market Town, at the Charge of the Defendant. And if he will produce no Carriage, The Marshal or Deputy is hereby authorised and required, to hire or other Carriage for that purpose, and place it's reasonable Costs to the Defendants Accounted; and so the Marshal is to do, in case he attach the Species recovered. And in case any Person shall fraudulently make away any of his Goods or Chattels, Lands or Tenements, Fraudulent Conveyances punished as by Statutes in England. with intent to deceive his Creditors, they shall incur such Pains and Penalties as by the Laws and Statutes of the Kingdom of England are appointed and established. And to the intent no delay of Trial may hap by the negligence of Jurors, Clause XII Be it further Enacted by the Authority aforesaid, That in case any Person returned to be a Juror, shall not appear at the time of Trial, Jurors fined for Non-Appearance. or after appearance, shall withdraw himself from the said Service, and can show no lawful cause for such his Default to be allowed by the Court, every such Person shall forfeit Three Hundred Pounds of Sugar to the public use of this Island, and be forthwith by order of Court committed until he pay the same. And to deter the Inhabitants of this Island from being Litigious, and bringing unnecessary and vexatious Suits, or making causeless detention of other men's Rights, Cost taxed against the Party cast. That in all cases the Court shall Assess and Tax good and full Costs to be paid by the Party cast to the other Party, that appears to be so unjustly molested. And in case any Person or Persons shall hereafter misbehave themselves in open Court, Persons fined for their Misdemeanours in Court. or give unhandsome or provoking Language in the hearing of the Court, the respective Courts are hereby authorised and required, to set a Fine upon their Heads according to the nature of their Offences. Provided it exceed not the quantity of one Thousand Pounds of Sugar, and the Offender to stand committed, until he pay the same unto the Treasurer for the public Use. And for the more ease of the Defendant, and to prevent tedious Suits in Chancery, Clause XIII Be it further Enacted by the Authority aforesaid, That upon all Recoveries hereafter to be made on Penal Bonds, The Defendant may appeal on Penal Bonds. Bonds for Performance of Covenants and the like, and upon all Mortgages of Lands, the Court shall admit the Defendant if he desire it, to appeal to the equity of the Court; which Appeal the chief Judge with any Two of his Assistants shall proceed to hear and determine according to Equity and good Conscience, at some time to be appointed by the said Judge, between the Setting of the said Courts (due notice being thereof given by the Defendant to the Plaintiff,) and than the same to be determined without delay. Provided nevertheless, Judgements and Executions before the 21th September, 1658, to be filled and executed as formerly. that Executions on Judgements grounded on Contracts made before the Five and Twentieth Day of September, One Thousand, Six Hundred, Fifty and Eight, shall be issued and executed according to the Laws and Customs than in force, and not otherwise: Any thing in this present Act seeming to the contrary in any wise notwithstanding. Clause XIV Provided also, That according to the ancient usage, Men to be sued in the Precincts where they live. every Man be sued in the Precincts wherein he lives, unless Two or more living in several Precincts be prosecuted for one cause of Action; and in such case the Commander in chief for the time being, Several Sued, to be by the Governors Warrant, living in divers Precicts. shall issue Summons to them all, and therein appoint in what particular Court they shall appear and answer. Clause XV Provided also, That no Executions upon Judgement entered upon a Nihil Dicit, shall issue, until the next ensuing Court, any thing in this Act mentioned to the contrary notwithstanding. And if at the Court the Defendant shall make it appear to the Court he was surprised, and that he hath good matter to pled, The Third Court on Cause shown to the Court, the Defendant to be admitted to pled, and than Trial. in discharge of the said Action, by Payment or otherwise, that the Defendant shall be admitted to such his Remedy, the same to try at that Court; but if no such matter clearly appear to the Court, than Execution to issue immediately. Clause XVI And it is further Provided and Ordained by the Authority aforesaid, The Defendant shows Lands or Goods not his own, forfeits double the Value. That in case the Defendant shall wittingly and willingly show Lands or Goods to the Marshal to be Attached, That are not bona fide his own Goods and Lands, that in such case the said Defendant for such his fraudulent Dealing, shall forfeit double the value of the said Lands or Goods so deceitfully shown, the half of which Forfeiture shall be to the public use of this Island, the other half to the Party grieved, that shall sue for the same, by Action of Debt, Bill, Plaint or Information in the Court where the Recovery was made. Clause XVII And lastly, Be it Enacted by the Authority aforesaid, That all Acts heretofore made or pretended to be made concerning the Matters in this Act provided for (except before excepted) shall be from henceforth deemed and adjudged voided and of no force to all intents and purposes whatsoever, All former Acts made voided. any thing in them or any of them contained to the contrary notwithstanding. August the Twenty Ninth, One Thousand, Six Hundred, Sixty and One. Nᵒ 19 An ACT concerning written Depositions produced in Courts, and appointing how the Evidence of Sick and Lame Persons, and of Persons intended of this Island, shall be valid and good. WHereas it hath been an usual, though no warrantable Custom within this Island, That the Depositions of several Persons taken in Writing, have been produced and passed as Evidence in the several Courts of Justice, when as the Deponents have been resident and in health within the Island; whereby several just Causes have suffered through the imperfection and illegality of the said Testimony, being against the Laws of the Land, and to the extreme prejudice of the Subjects. For the reparation of the said Errors, and prevention of future Inconveniences, Clause I It is by the Authority now Assembled, Enacted, Published and Declared, That hereafter no such written Deposition be accepted for Evidence, Not Depositions to be allowed but of Persons 1st, Departing. 2d, Departed. 3d, Extreme Sick. either by Judge or Jury in any Court of this Island, unless it be manifestly proved, that the Deponent was upon departure, and departed from the Island before the Trial of the Controversy, to which his Testimony is produced, or be hindered by extreme Sickness, to appear personally in Court; and that in such Cases, 4th, The Defendant to have notice. the other Party have notice when the said Deposition is to be taken, or that both Parties be present. Clause TWO And it is Enacted and Ordained by the Governor, Council and Assembly, and by Authority of the same, That in case any Witnesses in any case of Suit depending between Party and Party, or which may here be tried, be to go of this Island, or extreme Sick, Persons going of Sick, Lame or Disabled, may make Depositions. Lame or otherwise disabled, than the Deposition of such Witness or Witnesses taken by the Governor or any Judge or Assistant, or Justice of the Peace, in presence of Plaintiff and Defendant, or some for them, shall be held, taken and esteemed sufficient and good Evidence in Law, to all intents whatsoever, and not otherwise, but by the presence of the Party. But if the said Plaintiff or Defendant shall refuse to come, being summoned thereunto, and the same proved on Oath, either by the Party himself, or other Witnesses, than the said Evidence to be taken without them, and to be good sufficient Testimony to the Jury; any former Law, Usage or Custom to the contrary notwithstanding. Dated the Twenty Ninth Day of August, One Thousand, Six Hundred, Sixty and Three. Humphrey Walrond. Nᵒ 20. An ACT for the Encouragement of all faithful Ministers in the Pastoral Charge within this Island: As also for appointing and regulating of a convenient Maintenance for them for the future. WHereas the Excellency of Spiritual Ministrations, transcend all Low and Earthly distributions, and those that labour in the Word and Doctrine, are worthy of double Honour. That all due encouragement may not be wanting to the Ministers of the same within this Island, who have or shall undertake a Pastoral Charge, Clause I Be it therefore Enacted and Ordained by the Precedent, Council and Assembly, and by the Authority of the same, All Arrears to be collected. That whatsoever Arrears of Salaries or Stipends agreed for, or assessest for the use of each respective Minister in the Parish, where he executeth his Ministerial Function, shall be unpaid after the Five and Twentieth Day of March next, upon the Request of such Ministers, to the Supreme Authority here for the time being, Attachment to issue for the levying thereof, on the Estates and Goods of such Persons as do own the same, that Satisfaction may be made to the said Complainants. Clause TWO And be it further Enacted and Ordained by the Authority aforesaid, said, That after the Second Monday in January next, a Levy be made and assessed, of One Pound of Sugar per Acre, One Pound of Sugar per Acre for the Minister. by the Vestry and Churchwardens of each respective Parish within this Island, on the Land of every Freeholder within their Parish, which is by some Person to be entrusted by the Ministers, to be collected and paid into some convenient Storehouse for the Minister's Use, by his Appointment, by the Five and Twentieth of May next following; and so to continued the same Levy successively from Year to Year. And whereas Sugar is lately fallen to a very low Value, whereby the Ministers Maintenance is very much impaired. For their better Support, and as an expedient thereto, Clause III Be it Enacted and Ordained, and it is hereby Enacted and Ordained by the Authority aforesaid, That after the Second Monday in January next, The Vestry and Churchwardens to augment as they see meet. it shall and may be lawful for the Vestry and Churchwardens of each respective Parish, to impose or lay any further Tax upon the Lands of all the Freeholders, and likewise to Tax or Assess each particular Storehouse, or other House, not having Ten Acres of Land, in such Sums as shall seem equal and convenient to the said Vestry and Churchwardens, out of which Assessment or Levies, each respective Parish are hereby authorised to give or allow such additional Supplement towards their respective Ministers, as with the Pound per Acre, may yield a comfortable Livelihood and Encouragement to every of them conscionably and carefully to proceed to the faithful and diligent execution of their Pastoral Charge; due Respects being to be shown to the Merits of each; the which is likewise to be paid to every of them, according to the Day and Place before prefixed. And whereas it hath been, and still is a laudable Constitution and Custom of our Native Country, to have in every Parish a true and perfect Register kept of all Christen, Marriages and Burials, and the Names of all such to be fairly entered into the same, with the Day and Year annexed, which hath been, and is found to be of much advantage to Posterity. Clause IV Be it therefore Enacted, Published and Ordained, by the Precedent, Council and Assembly, and by the Authority of the same, That after publication hereof as a Duty incumbent on every Minister in his respective Parish within this Island, Register to be kept in every Parish. do keep a true and perfect Register of all and singular the Christen, Marriages and Burials within the respective Parishes, (the Churchwardens of every Parish to provide a large Book fit for the keeping the said Register) and enter both Christian and Surname of each, with the Day and Year expressed, and a Certificate of the same into the Secretary's Office, in the Month of March Yearly, there to remain on Record, and for failing thereof, by any Minister, A Fine of 1000 Pound of Sugar on the Minister failing in his Duty. he shall forfeit and pay a Thousand Pounds of Muscovadoe Sugar for every Default, one Moiety of the said Forfeiture to the Treasurer for the time being, for the public use, and the other Moiety to such Person and Persons that shall discover the same, and make proof thereof in any Court of Record within this Island, to be recovered by Action of Debt in any Court of Record within this Island. And to the intent there be no obstruction in the prosecution of this Act, Clause V Be it further Enacted, That any Person or Persons inhabiting in this Island, Far distant Inhabitants, tho' they bury not in the Churchyard, must give the Name of the Deceased to the Minister, and pay Six Pence. living Two Miles or more from his Parish-Church, which shall have any Persons deceased in their Houses or Plantations, and by reason of Inconveniences that may hap, cannot carry the said Corp or Corpse to their Parish Church-Yards, there to be interred, that so their respective Ministers may enter the Name of the Party or Parties so deceased in his Register; The Master or Possessor of the House or Plantation where the Person deceased, and was not carried to the Churchyard as aforesaid, shall give the Minister of the Parish, both Christian and Surname of the Party or Parties deceased, within one Week, and pay the Minister Three Pounds of Sugar, or Six Pence for the same. And for Default, the same to be proved against him, to pay Five Hundred Pounds of Sugar, to be recovered as aforesaid, to the end a true and perfect Register may be kept in every Parish. Dated the 27th of September, 1661. Humphrey Walrond. Nᵒ 21. An ACT for the good governing of Servants, and ordering the Rights between Masters and Servants. Preamble. WHereas much of the Interest and Substance of this Island, consists in the Servants brought to, and disposed of in the same, and in their Labour during the Term they have to serve, wherein notwithstanding Provision hath been made by many good Laws, yet great and often Damage hath happened to the People of this Place through the Unruliness, Obstinacy and Refractoriness of the Servants. And whereas also it much concerns the Peace of this Island, that a continual strict course should be taken to prevent the bold Extravagancies and wand'ring of Servants, who frequently run from, and desert their Master's Service, making use of all advantages and occasions to disturb the public Peace, and prejudice their Masters: Clause I Wherhfore the Precedent, Council and Assembly, upon serious and mature consideration of the Premises, and for the good regulating and governing of Servants in all things concerning their Masters and themselves, during the time they have to serve by Indenture or otherwise, and as well concerning such Servants Wages, have thought fit to Enact, Ordain and Publish; and it is Enacted, Ordained and Published by the Precedent, Council and Assembly, and by the Authority of the same, That no Person whatsoever shall presume to bring into this Island, any Children of the English Nation, or the Dominions thereunto belonging, None to be brought here under Fourteen Years of Age. to be sold as Servants, under the Age of Fourteen Years, unless they can produce a good Certificate, or an Indenture or Writing from the Principal Persons of the Parish, wherein the said Child last lived, that it is done with their consent, or with the consent, or at the request of the Parents of such Child; the Age of such Child or Servant to be judged by Inspection. And whosoever shall do otherwise, shall upon Conviction by sufficient Testimony, or the Parties Confession before the Precedent or the Superior Officer of the Island for the time being, be imprisoned by the said Precedent or Superior Officer's Warrant, until he hath given in Security by recognizance of Two sufficient Freeholders' of this Island, in One Hundred Pounds Sterling, to the Secretary for the time being, that he will return such Child or Children unto their Parents or Guardians, or such as have or should have the keeping of them, and of his Performance thereof, to bring or sand a Certificate within Twelve months' next ensuing, proved as aforesaid. And whereas it hath been an ill Custom and Usage of divers Merchants and other Persons coming to this Island, indirectly and by delusive means and practices to obtain Men and Women on Board of Ships in England, so 'cause them to be Transported hither, and are here disposed of to serve according to the Custom of the Country, having no Indenture, Covenant or Contract for the same. Clause TWO It is therefore hereby further Enacted and Ordained by the Authority aforesaid, That from, and after publication hereof, all Persons so indirectly sent, Against bringing Servants against their Wills. or brought over, the Master of them, or Persons, to whom they are consigned, or who are concerned therein, having no Covenant, Indenture or Contract made in Writing, or other Verbal Agreement by him or them to be proved by the Oath of one or more Witnesses, or by the Servant's Confession, That such Servant came with his own Consent or Knowledge, That all such Persons so brought over, have hereby power, and are at liberty to implead the Persons who brought them, or to whom they are consigned, according to the Laws of England, for their Freedom, and to recover their Damages and Satisfaction for such wrongful and injurious dealing. Provided that he or she declare the same, and make his or her Complaint to some Justice of the Peace within Thirty Days after his or her Landing in this Island, unless they be prevented by Si knees, and than within Thirty Days after he or she is able. And all Servants whose time shall expire at any time hereafter, having had no Indenture or Contract, shall receive for their Wages Four Hundred Pounds of good Muscovadoe Sugar: The ascertaining of Servants Wages. And in case of Indenture or Covenant, to be paid according to his Covenant or Indenture; as the ancient Usage and Custom of this Island hath been. And whatsoever Servant shall hereafter come to this Island, and serve their Time therein by Indenture or otherwise, The last Master to pay the Wages. shall receive as aforesaid (the last Master always to pay the said Wages.) Clause III Against Trading with Servants. It is further Enacted, Ordained and Published by the Authority aforesaid, That no Freeman or Trader whatsoever, presume to buy or cell any Commodities whatsoever, with any Servant or Slave within this Island, without the consent of the Master or Owner of such Servant or Slave, Forfeiture. upon pain of forfeiting triple the value of the said Goods they trade for, to the Master or Owner of such Servant: And all Contracts and Covenants so made by such Servant or Slave, to be utterly voided and of no effect: And such Trader or Freeman for every such his Offence, further to forfeit Five Hundred Pounds of Sugar, the one half to the Informer, the other half to the Treasurer for the public use, the same to be recovered by Action in any Court of Record within this Island. Clause IV It is further Enacted and Ordained by the Authority aforesaid, That whatsoever Servant or Servants by Indenture, Custom of the Country, Against Servants laying violent ●ands on their Masters, etc. or by Monthly or Yearly Wages, or Day Labourer, shall lay violent Hands upon his or her Master, Mistress or Overseer, or any Person put over them in Authority, to govern them, and being thereof convicted before any of his Majesty's Justices of the Peace of this Island, by the Oath of one or more Witnesses, or by his or her own Confession, shall serve his or her said Master or Mistress, one whole Year after his or her time by Indenture, Custom or Bargain be expired; the same to be ordered upon such Conviction as is aforesaid, by the said Justice of the Peace, and he to make Record thereof. Clause V It is further Enacted and Ordained by the Authority aforesaid, That whatsoever Overseer, Servant or hired Labourer or Artificer, by Custom, Covenant or Hire, who shall imbeazel, purloyn, or wilfully waste or make away any of his Master's or Mistress' Sugar, Cotton, Against Servants purloining their Master's Goods Ginger, Indigo, Tobacco, Hogs, Sheep, , Fowls, Stock or other Goods or Provisions, or Commodities whatsoever, shall upon Conviction of every such Offence, by one or more Testimonies upon Oath, before any of his Majesty's Justices of the Peace within this Island, or the Parties own Confession, be adjudged by the said Justices of the Peace, to serve his said Master or Mistress Two Years after the said time, by Indenture, Custom or Bargain, is expired without any consideration of Wages or Salary to be paid him, and be further liable, in case that time of Servitude will not make full Satisfaction. Preamble. And whereas many Women Servants are begotten with Child by Freemen or Servants, in great prejudice to their Masters or Mistresses whom they serve, Clause VI It is therefore Ordained and Enacted by the Precedent, Council and Assembly, and by the Authority of the same, that whosoever shall beget a Woman-Servant with Child, shall for such Offence, Of getting Women Servants with Child. personally serve the Owner of such Servant Three Years, or put one in his Place for the said time, which is in recompense for the said Master or Mistress of his and her Loss and Charge, in bringing up the Bastard Child, and Damage received by disabling their Woman Servant. But if the said Child be brought up by, and at the Costs and Charges of the Parish, than the reputed Father to serve the said Parish Two Years, and the Owner of the Woman-Servant one, or put one in his Place for the said time as aforesaid, or give Security to save harmless the said Parish, and satisfy the said Owner for his said Damage. But in case of the said Child's Death, before the said Three Years be expired, that than the said Person is only to serve the said Owner One Year: But if the said Woman-Servant shall hap to Die, or become infirm, by reason of her Labour in Childbed, Than the reputed Father shall serve the said Owner, during the whole time the said Woman had to serve, when she conceived by him. And the said Woman Servant so offending, shall serve her said Master or Mistress Two Years after her Time by Indenture, Penalty on Women. or otherwise be expired; the same to be ordered by the next Justice of the Peace, before whom such Proof thereof shall be made. And for the better understanding therein, Clause VII It is hereby Ordained and Enacted, by the Authority aforesaid, That the same Proof or Evidence that is sufficient to prove the reputed Father of a Bastard, by which he is obliged to discharge the Parish whose it shall be, or to keep the same, shall be as authentic to a Jury, to 'cause the Father of a Bastard to make reparation to the Master or Mistress of such Woman-Servant upon whom the same is begotten; as is before appointed. But if a Servant shall beget a Woman-Servant with Child, than after his Time is expired, he shall serve the Owner of the said Woman Servant double the time she had to serve at the time of the Offence committed. Clause VIII Item, Be it further Enacted and Ordained by the Authority aforesaid, Of Servants Marrying during the time of their Apprenticeship. That if any Manservant shall Mary without his Master or Mistress' Consent during the time of his Apprenticeship, he shall serve his Master or Mistress Four Years after his said Time of Apprenticeship is expired. And if any Freeman shall marry the Maid or Woman-Servant of any Person within this Island; such Freeman shall forthwith pay unto the Master or Owner of such Servant, double the Value of what the Maid or Woman Servant is worth, to be recovered by Action of Debt, in the Court of the Precincts, where no Protection, Essoigne or Wager of Law shall be admitted or allowed. But if he be a Servant, than after his Time is expired, he shall serve the Owner of the said Woman Servant double the time she had to serve, at such her time of Marriage. Clause IX Item, It is further Ordained and Enacted by the Authority aforesaid, That when any Difference shall arise between Master and Servant, in and concerning the time of their Servitude, or Term of Years that they are to serve, Suits between Masters and Servants for time, to be referred to the Common Law. that all such Differences as shall hereafter arise between Master or Servant, be heard and determined at Common-Law, in the Court of the Precincts wherein such Master or Servant shall than live and abide, as in other Cases of Right between Party and Party. Clause X And that all Servants who have occasion or ground to commence Suit therein, What time to be allowed them for the prosecution of their Suits. Two only out of a Family to be allowed at once. be allowed such reasonable time for the performance thereof by their respective Masters, as to the next Justice of the Peace in that Precinct shall seem requisite and convenient for the same: But not to be allowed more than Two out of a Family, in behalf of themselves and the rest. And whatsoever Servant over and above the number of Two, shall upon the pretence of Complaint, absent themselves from their Master's Service, shall by Order of the next Justice of the Peace, receive Thirteen Lashes, and be returned to his Master's Service by a Constable, if the Justice before whom the Complaint is made, shall see cause. And whatsoever Servant or Servants shall wilfully and obstinately absent him or herself out of his or her Master or Mistress' Plantation or Service, either on Saturday, Sunday, or any other Days or Times, not having Licence or Ticket in Writing, under his Master, Mistress or Overseer's Hand for the same; Upon Conviction thereof, by the Oath of one or more Witnesses, or his own Confession, before some one of his Majesty's Justices of the Peace within this Island, shall for every Two Hours Absence, Servants absenting themselves, to serve a Day for every Two Hours. be adjudged and ordered by the said Justice, to serve his said Master or Mistress one whole Day after his Time by Indenture or Custom is expired. So that the same do not in the whole exceed Three Years; and so in proportion for a longer or lesser time, for such his Absence. It having been formerly a great Complaint, that many Masters, when their Servants grow Sick, and unable to perform their daily Labour, will seem to remit some part of the time, to be cleared of them; or turn them of, Against turning away Sick Servants. to the intent they may not be chargeable to them for their Recovery; Whereby many of the said Servants may most miserably perish, or become a Charge to the Parish where they first hap to be laid up. For Prevention whereof for the future, and duly punishing such inhuman Acts in such Persons as shall become guilty of the same, Clause XI It is hereby Ordained and Enacted, by the Precedent, Council and Assembly, and by the Authority of the same, That what Master, Mistress or Governor of Servants, Masters, etc. to use all lawful means for recovery of Sick Servants. shall hereafter offend herein, or shall not use and endeavour all lawful Means for recovery of such their Servants, as shall hap to be Sick or Diseased, during the time of their Servitude, shall forfeit Two Thousand and Two Hundred Pounds of Sugar; the same to be levied by Warrant of the Justice of the Peace, before whom it shall be proved by the Oath of one or more Witnesses, and paid into the Hands of the Overseer of the Poor of that Parish, and disposed of towards the Maintenance of such Servant (so turned of) and recovery of his or her Strength; and the said Servant so neglected or turned of, to be freed from his said Master. But in case such Sick Servant shall not live to the expending of the said whole Sum of Two Thousand Two Hundred Pounds of Sugar; than the remainder to be disposed of towards the Maintenance of the other Poor of that Parish. Provided always, that in case any Servant or Servants in this Island, Of Servants wilfully running themselves into Diseases and Hurts. shall through his or their own wilful Misbehaviour, hap to have any Disease, or any broken Bones, Bruises or other Impediments, whereby they have not only disabled themselves to perform their Labour as they ought to do; but also are a greater Charge for Physic and Chirurgery to their Master or Mistress than formerly; For Satisfaction of such Master or Mistress in every such case, the said Servant shall serve his or her said Master or Mistress after the time by Indenture or otherwise is expired, until they have made Satisfaction for the Charges expended on them for their Recovery. And afterwards he or she hath so recovered, shall serve over so much time as he or she by any such means and accident were disabled to serve: Any thing formerly provided to the contrary notwithstanding. Clause XII And it is further Enacted by the Authority aforesaid, That all such Differences as shall arise in point of Wages, Difference between Master's Servants and Labourers, referred to the Justices, Schoolmaster and Mistress. between Master and Servant, or Master or Labourer, or Artificer, or Schoolmaster, or School-Mistress for their respective Salaries for teaching of Children, shall be heard and determined by the next Justice of the Peace, who is hereby impowered upon any such Complaint, to issue out his Warrant, and summon the Parties before him, and to hear, examine and determine all such Differences as shall come before him, as is aforesaid, and shall issue Execution thereupon, to be executed by the next Constable of the Parish; who is hereby required to officiate the same; and shall for his pains, receive Satisfaction to the same Value, as Marshals of the Courts of Common Pleas do for levying Execution. And of all such Suits, Vide Explanatory Act. the Justices shall make Record; any Law, Custom or Usage to the contrary notwithstanding. Clause XIII Provided always, That the said Justices of the Peace respectively in all such Cases coming before them, do, and have hereby power to hear likewise, and determine any Plea of Complaint, Damage or Prejudice, as well alleged and proved on the part of the Masters, as on the part of the Servants, Labourer and Artificer doing equal right between them. And it is hereby Declared and Published, Recovery of Servants Wages. That the intent thereof is meant only to reach to Covenant Servants Wages, Hired Servants, and hired Labourers, that are hired by the Month, Day or Year; and to all Artificers, whose whole Debt and Demand exceeds not Four Thousand Pounds of Muscovadoe Sugar; any thing heretofore declared to the contrary notwithstanding. And whereas it is much feared, That some Persons within this Island, have exercised Violence and great Oppression, to, and upon their Servants; through which, some of them have been Murdered and Destroyed, and the Authors and Causers of such their Destruction, have gone clear, undiscovered and unpunished, by reason of the sudden interring of Servants so destroyed and murdered as aforesaid. For Prevention whereof, and Discovery of all such Murders and Felonies, as may be hereafter committed, Clause XIV Be it Enacted and Declared by the Precedent, Council and Assembly, and by the Authority of the same, that no Master, Mistress, Attorney or chief Overseer of any Family or Plantation within this Island, About the Burial of Servants. shall presume to bury or inter any Christian Servant, that shall hereafter hap to dye within their respective Plantations, out of the usual Burying-Place, To be viewed. until the Body of such Servant hath been viewed by the next Justice of the Peace, or a Constable and Two of the Neighbours of the Parish, wherein the Dwellinghouse of the said Plantation standeth. Which Neighbours, the said Justice or Constable shall make choice of, upon pain of paying Twenty Thousand Pounds of Muscovadoe Sugar for every Servant which shall be so buried be●●●●●●ch View as aforesaid. And if upon such View, it shall appear such Servants came to their Deaths by any Violence, Wounds, or unlawful Means, that than the Viewers of such Servants, do forthwith give notice unto the Coroners, that Proceed may be had therein according to Law; Coroners Fee. he receiving for his Fee so much and not more, than by the Laws of England is provided. Clause XV And be it further Ordained and Enacted by the Authority aforesaid, That every Justice or Constable and Neighbour, chosen as aforesaid, duly Summoned by the Owner or Overseer of such Servant, to the view of such Dead Body as aforesaid, Not Persons to refuse to come on Summons. that shall fail to come within Two Hours after such Summons, shall severally and respectively forfeit for every such their Default, Forfeiture. One Thousand Pounds of Sugar. All which Forfeitures shall be paid into the public Treasury, for the public use of this Island, to be recovered by Action of Debt, by the said Treasurer in the Court of that Precinct, where the Forfeiture is made. Provided that such notice be given as aforesaid, it may be lawful for the Owner of such Servant or Overseer, Six Hours after such notice given, freely to bury such, his, or their Servant, any thing in this Act seeming to the contrary notwithstanding. Clause XVI It is also Enacted, Ordained and Published, by the Precedent, Council and Assembly, Of Servants coming without Covenant, what time to serve. and by the Authority of the same, that all Servants under the Age of Eighteen Years, which are hereafter brought to be assigned over, or disposed of, as Servants in this Island▪ having made no Contract in England or elsewhere, shall serve for the space of Seven Years and no longer: And such as are above Eighteen, shall serve during the space of Five Years, and no longer; and at the end of their time, shall receive Four Hundred Pounds of Muscovadoe Sugar for their Wages: And where Man and Wife are brought over as Servants in one Ship, they shall be sold and disposed of together, and not severed. Clause XVII It is further Enacted and Ordained by the Authority aforesaid, That all such Persons as shall hereafter sue for their Freedom, How their Ages shall be judged with indifference. in respect of their Ages as is , shall be adjudged by the Jury by inspection and proportion of Stature and Confession, when they first arrived at this Island Clause XVIII Be it further Ordained and Enacted by the Authority aforesaid, That what Servants shall so unjustly trouble his Master or Mistress with Suits in Law, Of unjust Molestation by Servants to their Masters. the said Servan● shall be by the Court where he commits the Offence, ordered to serve his Master or Mistress so injured, for his unlawful and unjust vexation of them, after the expiration of the time he hath than to serve, the double term and space of that time he neglected. Clause XIX And it is hereby further Ordained and Enacted by the Authority aforesaid, That all such Servants as shall be in the Goal for their own Offences, Of Servants being in Prison for their own Offences. shall serve their Master's double so long time after the expiration of the time they have to serve, by Custom, Indenture or Contract, as he or they have lain in Goal for such their Offences as aforesaid. And shall further serve his or her said Master, after the rate of One Hundred Pounds of Sugar per Month, till he hath satisfied their Fees and other Charges his Master hath expended for him. Clause XX Be it further Ordained and Enacted, by the Precedent, Council and Assembly, and by the Authority of the same, That whosever, either Master of a Family, or Captain or Master of a Ship, Against People entertaining of Servants. or other that shall entertain any Man or Woman above one Night, if he doth not know him or her to be free, shall for every Day or Night after the first, Forfeiture. forfeit one Hundred Pounds of Sugar. And if he knows him or her to be a Servant to another Man, do notwithstanding wilfully entertain him or her, he shall forfeit Five Hundred Pounds of Sugar for every Day or Night, the one half of the said Forfeitures to be to the Master or Owner of the said Servant, and the other half to the public use; the same to be recovered by Action of Debt or Information, in any Court of Record of this Island. And if any suspected Person come within any Plantation at unseasonable Hours, or being there, shall stay more than a fitting time; Suspected Persons to be apprehended and kept in Custody. It shall be lawful for the Master, his Overseer or Servants, to apprehended such Person, and keep him in Custody until he may be brought to the next Constable. And if any Overseer, Freeman or Labourer, or Servant, shall entertain or hid any Servant belonging to any other Plantation; such Overseer, Freeman, Labourer or Servant, upon Conviction, before one of his Majesty's Justices of the Peace, shall for every such Offence serve the Master or Owner of the Servant or Slave so entertained by him, one whole Year after his time with his own Master of that Plantation is expired, for which he shall receive no Salary or Allowance but ordinary Plantation , Shoes, Fish or Flesh for Provision. Clause XXI It is further Ordained and Enacted by the Authority aforesaid, That no Overseer, hired or Covenant Servant, or driver of Horses, Against Servants riding their Master's Horses. and Carriage, Beasts or Carts, Wains or Wagons, presume without the Consent and Allowance of the Owner of the said Horses, Working or Carriage Beasts, Carts, Wains, Wagons, to ride them themselves, or to lend them to others to ride on, or load them for others, or for himself with any other Load, than what belongs to the Owner of the said Beasts and Carriages. And whatsoever Overseer, or Hired or Covenant Servant, or Driver, shall after publication hereof, do the contrary, shall upon Conviction thereof by the Oath of one or more Witnesses, or the Parties own Confession, before any one of his Majesty's Justices of the Peace, be adjudged by the said Justice, Three months' Service to the Master or Owner for every time that he shall be convicted to have ridden any of his Master's Horses or Beasts, Carts, Wains or Wagons, or loaden them, or any of them, with other men's Goods, or his own, or suffered any other to ride, load or work them without the Owners Consent, as is aforesaid; any former Custom or Usage to the contrary notwithstanding. Clause XXII It is further Enacted and Ordained by the Authority aforesaid, That whatsoever Servant by Indenture or Custom, shall be found or apprehended in the Act of running away, Against Servants endeavouring and attempting to run of the Island. upon Board of any Ship, Bark or Boat upon departure from this Island, whereby it may justly be presumed, that the said Servant intended and prepared to escape and run away unlawfully from the Island, and from his or her Master or Mistress' Service, or having first unlawfully absented him or herself from his or her said Master or Mistress' Service, be found by proof or other very substantial and notable Circumstances, endeavouring to get Aboard some Ship, Bark or Boat, to escape and run away unlawfully, as is aforesaid, from this Island, and his Master or Mistress' Service: Such Servant so taken on Board, or so endeavouring to get on Board, shall upon Conviction thereof, before any one of his Majesty's Justices of the Peace for this Island, be condemned Servant to his said Master or Mistress, for the full space and Term of Three Years, to be served and performed after his, or her first Indenture or Service by Custom shall be expired. And the Justice before whom such Conviction is made, is hereby required to make Record thereof: Any other Act, Statute or Ordinance heretofore made, or any other Clause in this Act contained, in any wise notwithstanding, and before the same Justice, the said Servant's Hair to be shaved of, by order of the said Justice. And whereas divers Servants and Slaves have been carried of this Island to other Plantations and Colonies, to the great Damage and Prejudice of many the Inhabitants thereof, and no Remedy is provided for them, in regard the Master of the Ship is only bound in the Office, who perhaps is a mean Man, and perhaps never more comes to this place again. To prevent which for the future, Clause XXIII Be it Ordained and Enacted by the Authority aforesaid, That no Master of a Ship or other Vessel shall be permitted to Trade or Traffic, All Masters of Ships to give Security before Trading, Wooding, or Watering. or to Wood or Water within this Island, until he hath given in Security by himself and Two others the Inhabitants of this Island, being either sufficient Freeholders', or resident Merchants, in the Sum of Two Thousand Pounds Sterling, that he will not directly or indirectly cause or suffer to be carried of this Island in his said Ship, any Servant or Slave belonging to any the Inhabitants of this Island, without the consent or knowledge of the Owner. And that he shall search his Ship sufficiently before his departure, and certify under his Hand to the Secretary for the time being, he hath so done; and that he is thereby well assured, that he hath no such Person in his said Ship. And also if he have any Passengers in his said Ship, he shall in the same Paper certify the Names of them. Clause XXIV And all Constables within this Island, are hereby required to apprehended all Runaways, Constables to apprehended Runaways. That they shall know of by credible Information, and them in safe Custody convey from Constable to Constable, until they come to the common Goal, or to his Master or Mistress. Forfeiture. And whatsoever Constable shall neglect his Duty herein, shall forfeit Two Hundred Pounds of Sugar; half to the public use of this Island, and the other half to the Owner of the said Servant, if he sue for the same in the Precincts where the Default is committed. In which Action, Issue shall be joined, the Verdict taken, and Judgement therein given the first Court; any further Law to the contrary notwithstanding. And to the end that no Person may pretend any ignorance in this Act or Statute, or any Branch or Clause thereof, Clause XXV It is lastly Enacted and Ordained by the Authority aforesaid, That the Minister of every Parish-Church within this Island, Of the Yearly Publication of his Act. twice every Year, (that is to say) the Sunday next before Christmas-Day, and the Sunday next before the Five and Twentieth Day of June, shall distinctly read and publish this Act in their respective Parish-Churches, Forfeiture. upon pain of Forfeiting Five Hundred Pounds of Sugar for every neglect or failing they shall make therein, to be paid into the Treasury for the public use of this Island, and to be by the Treasurer for the time being, recovered by Action of Debt or Information in the Court of the Precinct where such Neglect or Default is made. Dated the Twenty Seventh Day of September, 1661. Signed, Humphrey Walrond. Nᵒ 22. An ACT concerning the Conveyance of Estates. Preamble. WHereas several old Acts made before the Usurped Power took Place in our Nation, much concerning the quiet and peaceable enjoyment of the Possessions of the Inhabitants of this Island, and the clearing their Titles to the same, have been altered, and in some measure impaired during those Times; and that the true intent and meaning of them are by many mistaken or misunderstood. To the intent therefore, that the respective Freeholders may be better informed touching the said Laws, and of the Benefit belonging to them thereby, Clause I It is Ordained by the Precedent, Council and Assembly, That the said Acts be forthwith published in their several Parish-Churches within this Island, hereby declaring, that the said Acts being made by and under his Majesty, the only lawful Authority, and still of Force, and have been ever since the time of their first Enacting; An old Law restored. which Laws follow in these Words. For that the King's Writs do not run here, whereby Fines and Recoveries cannot be here had and levied as in England, and yet here is as much and more use and need of them; for that few Men come to this Island with any intention to settle themselves and Posterities; but for the most part to gain or increase their Estates, and than to cell their Lands and return; which oftentimes cannot well be done, nor with Security to the Purchasers for want of such Fines and Recoveries, without some Act be made to supply the same. Clause TWO Be it therefore Enacted, by the Precedent, Council and general Assembly of this Island, That a Deed in due Form of Law made, A Deed acknowledged and recorded in Three Months, sufficient to pass an Estate without Livery or Attornment. and within Three Months after the Date thereof, be acknowledged before the Resident Governor for the time being, or before some other of the chief Judges for the time being, of some one of the Courts of Justice within this Island, by all the Parties that pass or grant away, or Lease for above the Term of Three Years, any Freehold or Inheritance by such Deed, or by so many of them, as there shall be living; or by any other Person or Persons lawfully authorised under Hand and Seal, to convey or grant the same. (So that the same be recorded at length in the Secretary's Office of this Island within the said Three Months) shall be valid, to pass the same without Livery, Attornment, or any other Act or Ceremony whatsoever. And that no Deed hereafter without such acknowledgement and enrolment shall pass any Estate of Freehold or Inheritance, or any Lease above the number of Three Years. Clause III Item, Be it further Enacted by the Authority aforesaid, That if any Married Woman shall be minded to alien her Jointure, How a Feme Covert may cell her Estate. Dower or any other her Estate of Freehold or Inheritance within this Island, or any part thereof, whether it be joint or in severalty, and do make any Writing under her Hand and Seal, to convey the same, and come before the Governor, or any other chief Judge of some of the Courts of Justice within this Island, To tell her what the Deed is, and the Estate she sells. to acknowledge the same: Than such Governor or Judge shall acquaint her what she is to convey by the same Writing, and for what Estate, and shall in private Demand of her, whether she be willing to the same, and whether she doth it freely and voluntarily, and not for fear, The acknowledgement of a Feme Covert. or by reason of any Threats or Menaces: And if she than confess, she doth it freely and uncompelled by fear or otherwise, Than shall her acknowledgement of the said Writing be received, and the Day of such acknowledgement with the Governor or Judges Name, before whom such Acknowledgement was taken, to be Endorsed and Subscribed; and thenceforth such Writing shall become valid and firm against her; and all that shall claim the Lands, Tenements or Hereditaments therein mentioned, to be granted for or under her, or in Right of hers. A Fine levied in England, and entered here, valid here, etc. And also that a Fine levied in England by a Married Woman of her Jointure or Title of Dower, or other or Inheritance here in this Island, being brought over and entered on Record here, shall be valid, as if the same were of Land in England. Clause IV Item, Be it further Enacted by the Authority aforesaid, That all and every Person or Persons, All old Deeds to be recorded in 12 Months, else voided. that now hath, have or claim to have any Estate above the Term of Three Years, of any Lands, Tenements or Hereditaments, shall bring into the Secretary's Office, there to be recorded at length, the Deed or Deeds, in case they are not already enrolled, by which he or they immediately claim or hold the same, within the space of one Year next ensuing the Publication hereof; or else such Deed or Deeds, to be utterly voided to all Intents and Purposes whatsoever. Clause V Item, Be it further Enacted by the Authority aforesaid, That if any Person or Persons now in Possession of any Lands, Five Years Possession is good Title. Tenements or Hereditaments within this Island, have, or hath quietly, without lawful interruption, enjoyed the same severally or successively by the space of Five Years last passed; That such Person or Persons now in Possession, shall have good Right and Title to the same, against all Men whatsoever, for and during the Estate, whereof he or they are possessed: Excepting such only as shall prosecute their Title to the same, within Two Years after the publication of this Act; and such Married Women, and Persons under the Age of Twenty One Years, and of unsound Memory, prosecuting their respective Titles, within one Year after their being unmarried, becoming of full Age, and of sound Memory. Clause VI Item, Be it further Enacted by the Authority aforesaid, That if any Person or Persons to whom any Right or Title to Lands or Tenements shall hereafter descend or come, Who claims Land by descent, must do it in Two Years. do not prosecute the same within Two Years after such Right or Title accrued; That than he and they, and all claiming under him and them, shall be for ever barred to recover the same: Excepting such Married Women, Persons under Age of Twenty one Years, and of unsound Memory, as shall prosecute their respective Rights within one Year after their being unmarried, becomeing of full Age, or of sound Memory. Clause VII And be it further Enacted by the Authority aforesaid, That the Secretary of this Island, that now is, or hereafter shall be, The Secretary's Duty to Record Deeds. or his Deputies or Clerks, shall with all expedition faithfully, truly and fairly, record all such Deeds, as from time to time shall be brought unto him or them to be enroled. And that neither the said Secretary, his Deputy or Clerk, shall directly or indirectly, receive for the Recording of any one such Deed, above Fifty Pounds of Tobacco, or the value thereof, Fifty Pounds of Tobacco for recording a Deed. in other Goods of this Island, under the Penalty of the Secretaries forfeiting a Thousand Pounds of Tobacco, besides such Damages as the Party injured by his neglect shall suffer, for every Deed that he shall neglect to enrol as aforesaid. And also, That a like Quantity of Tobacco, Penalty of taking over Fees, etc. for every Pound of Tobacco that the said Secretary, his Deputy or Clerks, or either, or any of them, shall take above Fifty Pounds for the said enrolment; the said Penalties and Forfeitures to be paid unto the injured Person or Persons, and by him or them to be recovered by Action, or several Actions of Debt, in any, or either of the Courts of Record within this Island, at the Election of the Plaintiff, or several Plaintiffs, wherein no Essoin, Wager of Law, or Protection, shall lie or be allowed unto the Defendant. Clause VIII Item, Be it further Enacted by the Authority aforesaid, That whosoever shall Imbezel, Raze, To imbezel, interline or deface Records, Felony. Interline or Deface any Record of this Island, and be thereof lawfully convicted by the Verdict of Twelve Lawful Jurors, shall incur the pain of Death, as in case of Felony. And that such Person or Persons, whose Estate such Record so Imbeazled, Razed, Interlined or Defaced, shall concern, shall immediately after such Conviction as aforesaid, have just Right and Title to Seize, The Party grieved to have all his Estate. Enter upon, or recover all the Estate both Real and Personal, of such Persons as shall in due form of Law, be convicted of such Imbezeling, Razing, Interlining or Defacing as aforesaid. Preamble. Item, Whereas by the Laws of England, Married Women (in recompense and consideration of the Portions which they bring unto their Husbands) by their very Intermarriage, have an Inception of Title of being endowed after the Decease of their Husbands, as well of all the Lands and Tenements whereof their Husbands were at any time during the Coverture with them, solely and actually possessed and seized of any Estate in Fee-Simple, or Fee-Tail general, which was by him aliened unto any other Hands during the Coverture; as of those whereof he died actually seized of any such Estate as aforesaid. The reason of which Law failing here, the Usage hath been uncertain and variable in that case, and no Law hitherto declared therein, Clause IX For the future Settlement whereof, Be it Ordained, Published and Enacted, by the Governor, Council, and the rest of the Assembly, That henceforth every Woman immediately after the Decease of her Husband (not having a Jointure made before Coverture here or elsewhere) shall have right of Dower, Women to be endowed of the Lands their Husbands die actually seized. and shall be endowed of one third part of all the Lands, Tenements and Hereditaments, whereof her Husband died seized in this Island, according to the Laws of England; and in like manner, as she should have been, if her Husband had died seized of any Lands within the Kingdom of England. And that no Woman shall be endowed, or have any right to be endowed of any Lands, Tenements or Hereditaments within this Island, but such only, whereof her Husband died, or shall dye actually and solely seized in Fee-Simple, or Fee-Tail general as aforesaid, and no other. Dated the Eleventh of September, One Thousand, Six Hundred, Forty and Nine. And for avoiding of further Disputes about the Title of Land, Clause X It is hereby further Declared and Enacted by the Authority aforesaid, That in all Actions concerning Titles of Land, it shall be a good Plea in Bar of such Actions, for the Defendant to allege, That he and they, whose Estate he hath, have been in quiet and peaceable Possession of the said Lands in Question, for, and during the Space of Five Years. Non Claim in Five Years, a good Bar if duly entered. And this Plea duly entered, shall bar the Plaintiff or Demandant, unless he can disprove the same, or make it appear, that the said Five Years quiet Possession, incurred during the time that the said Plaintiff or Demandant was under the Age of Twenty One Years; a Woman under Coverture, of unsound Memory; or that the Defendant or Tenant held the same, as his Attorney or Tenant, Servant or Overseer, or by virtue of some particular Estate for Years, Life or Entail, which at, or before the time of that Action brought, was expired. Dated the Twenty Seventh of September, One Thousand, Six Hundred, Sixty and One. Humphrey Walrond. Nᵒ 23. An ACT for the better Amending, Repairing and Keeping Clean the common Highways, and known Broad Paths within this Island leading to Church and Markets, and for laying out new Ways, and turning old Ways where it shall be needful. Preamble. WHereas divers good Laws and Statutes have been heretofore made and Enacted in this Island, for the amending, Repairing and keeping Clean the Broad Paths, and common Highways within the same; and for making New, and turning Old, where it shall be requisite: Which notwithstanding through remissness, and want of due Execution, have not wrought the desired effect. To the intent therefore it may be duly remedied for the future, Clause I Be it Enacted and Ordained by the Precedent, Council and Assembly, and by the Authority of the same, That in every Parish within this Island, the Vestry-Men of the several and respective Parishes, or as many of them as shall than meet, shall within Ten Days after Publication hereof, and ever after, The Vestry to choose Surveyors Yearly of Freeholders. on the Third Monday in January in every Year, by Ten of the Clock in the Forenoon, meet at their Parish-Church, and than and there elect and choose Four Able and Substantial Freeholders, to be Surveyors within the same, for one whole Year than next ensuing; none to be capable of being so chosen, that are not seized at lest of Twenty Acres of in their own Right, or in the Right of their Wives, or possessed of Thirty Acres Lease-hold. The Quarter-Sessions to nominate, the Vestry failing. And where the said Vestries shall fail, the Justices of the Peace at the next Quarter-Sessions for that Precinct, shall upon Information thereof, nominate the Surveyors for such Parish. And every Vestry-man that shall be wanting at the time, for choice of Surveyors above limited, shall fofeit Two Hundred Pounds of Sugar for the use of the Highways, unless he can show sufficient Cause for such his Absence, to be approved of by such Gentlemen of the Vestries as did appear, or by the Mayor part of them. Clause TWO That every Person so elected and appointed Surveyors of the Highways as aforesaid, shall undertake the Office, Surveyors to be Sworn in ten Days after Election. and shall within Ten Days after such his Election, or being appointed as aforesaid (due notice thereof being given him) procure himself to be Sworn before some one of his Majesty's Justices of the Peace within the said Parish, diligently and faithfully to perform and execute the Office of Surveyor of the Highways within the Parish, for the Year than next ensuing, and faithfully to accounted for all such Sugars and men's Labours, as shall be paid or appointed him by virtue of his said Office: Which Oath, the said Justices or any one of them, are hereby required and authorised to administer. And if any such Person so elected, shall refuse to accept of his said Office, or to procure himself to be Sworn as aforesaid, that than every Person so failing, shall forfeit for the same, One Thousand Pounds of Sugar. Clause III That such Surveyors of the Highways having accepted the Office, and being Sworn as aforesaid, shall diligently apply themselves to the Duty and Execution of their Office, and shall within Ten Days after their respective Oaths taken, view all the Highways and public Broad Paths, To view all Highways, and return an Estimate of the succeeding Charge. where Carts or Carriages usually pass, and all common Bridges belonging to the said Parish, and all Watercourses, and also all Streets and Causeways, and common Nuisance; in the said Ways and Streets within their respective Parishes, and shall consider what Reparations and Alterations will be needful, and what new Paths necessary to be made, and what quantity of Sugar, or Tax of men's Labours, or of both, will be requisite and necessary to be raised within the said Parish, for Amending, Repairing and Perfecting the same, Forfeiture. upon pain of forfeiting respectively, Two Hundred Pounds of Sugar. Clause IV That the said Surveyors do within Six Days after such view, give public notice in the Church or Chappel, Vestries power to make Assessment on Lands, Trade, for Repairs, etc. to the Gentlemen of the Vestry, to meet at a Day appointed, to make an Assessment of Goods or men's Labours, or of both, at their Election for Mending and Repairing the said Highways and Streets, for Making and Repairing of Causeways and Bridges as aforesaid, for cleansing of Ditches, and removing of public Nuisances, and laying out New, or altering the Old Ways as aforesaid: At which Meeting, the Vestries of the several Parishes, are hereby impowered and authorised, to assess the Parishioners, so many able Labourers, Servants or Slaves; or if need be, Goods, or both Labourers and Goods, as their several proportions of Land will admit, and the present necessity of Repair. Provided the said Assessment exceed not for each Ten Acres, one Man for Two Days, or Ten Pounds of Sugar, and also upon the dead Goods or Stocks in Trade, of any Parishioner, according to the same Proportion, for one Hundred Pounds Sterling Value. Clause V And in case the said Vestries in their respective Parishes, or the mayor part of them shall not meet, or meeting, shall not agreed amongst themselves, to make such a Rate, Assessment or Levy, within Two Days after their first appointed time of Meeting: The Vestries not making a Levy, the Surveyors may do it. That than the Surveyors of the Highways themselves, shall make a Rate in Writing according to the Directions aforesaid; and such Rates as the said Vestries or Surveyors respectively shall so make, A Justice of Peace to Confirm it. (being confirmed by one of His Majesty's Justices of the Peace living in that Parish) shall stand until Complaint of some Irregularity or inequality therein, be made to the Justices of the Peace at the Sessions, or any Two of them than present; who, if they see Cause, may altar the same. And if the said Justices shall found cause to altar it, than the said Rate, with such Alterations as they shall make, shall stand without any further Appeal. Clause VI And in case where common Nuisances are in the Highways, or where any common Highways or Broad Paths in any Parish are not Sixty Foot wide in standing Wood, Dimensions of Highways. and Forty Foot at lest, where the standing Wood is of one side of the way, and Twenty Four Foot wide at lest in open Ground, but are straightened by reason of Enclosures, either by Hedges, Ditches, Walls or the like; or where the Hedges are not plashed, trimmed and kept low, so often as occasion shall require; and the several Highways kept clean from Trees, Bushes, Weeds, Stump, Logs, Boughs and long Grass, by the several and respective Inhabitants of this Island within their several Plantations; or where either Physic, Nut, Fences or other Hedges and Enclosures are not kept Lopped and Plashed; so as the Wind and Sun may have the more power to dry the said Highways: That than, and in any of the Cases , the said Surveyors or any Two of them, shall by Warrant under their Hands, enjoin the Occupiers or Tenants of the said Land, to see the same performed. And in case the said Tenants or Occupiers shall neglect to perform the same within Ten Days after such Warrant served on them, and be thereof convicted before any one Justice of the Peace within that Precinct, by the Oath of Two Witnesses, or his or their own Confession: That than every such Person shall forthwith be fined by the said Justice, The Offender Fined, and the Surveyors than to amend the Ways with the Money. the quantity of One Thousand Pounds of Sugar, to be paid to the said Surveyors or one of them, and by Mittimus of the said Justice, to stand committed to Goal, until he hath paid the same. With which Sugar, the said Surveyors, who receive the same, shall immediately hire Labourers to open the said Ways, according to the respective Dimensions above appointed, and clear and order the same as aforesaid; and the Overplus, if any be, to apply to the mending the other Ways within the said Parish. Clause VII And if any the Parishioners rated as aforesaid, towards the mending of Highways as aforesaid, Not paying Tax in Seven Days after Demand, pays double. shall fail to pay to the Surveyors of his Highways, his Proportion of Tax rated on him by the Space of Seven Days after public notice and warning for Payment thereof: That than every such Parishioner failing, shall pay double as much as he is rated at in the Tax. Clause VIII And for the more effectual mending the said Highways, public Bridges and Streets, and for removing public Nuisances out of the same, Surveyors to Summon all Labourers assessed, with Tools proper. and for making and mending Causeways where occasion shall require, the Surveyors , shall Yearly at such convenient times as they shall agreed upon, Summon the Neighbourhood to sand to the Place appointed, so many able Labourers, Servants or Slaves, as they are assessed, with such Tools as the said Surveyors shall direct, and are proper and convenient for the said Work. Every Default of a Labourer, Twenty Pounds of Sugar. And whosoever shall make Default therein, shall forfeit and pay for every Labourer, Servant or Slave so wanting, Assessed as aforesaid, for each Day Twenty Pounds of Sugar, to be levied by Distress, by Warrant under the Hands of the said Surveyors, or any Two of them, who are hereby impowered to cell the said Distress; returning the Overplus, if any be, above the said Penalty and Charges of Prosecution to the Owners. Clause IX And the said Surveyors or any Two of them, are hereby further impowered to dig for, and get Stones, Gravel, Sand, Power to dig up some Gravel, etc. on others Land, etc. for repairing Highways. Marle or any other Material fit for mending the Highways in or upon any waste or common Ground within the Parish; or if they cannot there conveniently be had, in, or upon any Private Man's Pasture or other Grounds, not under Canes, Cotton, Tobacco, Indigo or Ginger, where it may be had within the Parish, or within any other near adjoining Parish, with convenient Way for sending for, and bringing the same at such seasonable Times, and for such reasonable Satisfaction, and Composition to such private Persons to be made, as the said Surveyors and Occupiers of such Lands shall agreed upon. And in case of Disagreement betwixt them, than for such Satisfaction as any Justice of Peace next adjoining shall set down and appoint; and such Order as the said Justice shall set down, shall be final to the Parties without further Appeal. Clause X And for the more ease and conveniency in mending and Repairing the said Highways or Bridges, or removing public Nuisances, the said Surveyors or any of them, have hereby power and authority, To press any Carts or Wains to carry Stone, Gravel, etc. to impress any Wain with Six Oxen, or Cart with Five Horses, for Carriage of any the said Stones, Gravel, Sand or Marle, or other Materials as aforesaid, each Cart or Wain to have Two Able Men of the said Owners thereof, to go with them: In lieu whereof, and for recompense of the Party, whose Cart or Wain with Two able Men is so employed, the said Surveyor shall allow and deduct for each Days Work of such Cart or Wain, the Work or Labour of Twelve Men, out of the Assessment of the Owner of the same. And in case the said Owners Tax will not amount to his full Satisfaction, than the Overplus shall be paid him by the Surveyors in Sugar out of the Parish Tax, according to the said valuation. And whereas it hath been by experience found, the planting of Prickles by, or adjoining to any Highway or Broad Path within this Island, is not only inconvenient, but dangerous to his Majesty's good People travelling about their lawful Occasions. Clause XI Be it therefore Enacted and Ordained by the Authority aforesaid, That after Publication hereof, Pimpelloe Fences not to be planted by the Highways, upon pain of 300 Pound of Sugar every Three Months. none of the Inhabitants of this Island presume to plant or make Fences by any of the Highway Sides of any the said Prickles, commonly known, and commonly called by the Name of Broad-Prickle-Pair-Bushes, or Pimpeloes'. And whosoever hath already planted the same by any Highway as aforesaid, shall remove them within Three Months after Publication hereof; unless they make some Stone Wall, or substantial Fence between them and the Highway, upon pain of forfeiting for every such Offence, Three Hundred Pounds of Sugar; and so every Three Months, if not removed. Clause XII And be it further Enacted by the Authority aforesaid, That in Places where Ditches adjoining to the common Highways, or serving to lead the Waters from such Highways, Surveyors to turn Watercourses to make new Ditches. are, or shall be undressed or unscoured, or where Waters do run into, or stand in any such Highways, to the Annoyance of the Passengers; the said Surveyors are hereby impowered and required, in all such respective Places, to 'cause such Ditches to be dressed and scoured, and to stop and divert any such Watercourse, and to turn the Water into any adjoining Ditch, or to make new Ditches in convenient Places through the Grounds adjoining, for the most convenient conveying away such Waters as aforesaid. Clause XIII And whereas in many Places, the Highways are very deep, or scarcely passable, which may with more ease, and lesle charge to the Public be altered than amended: Altering old, and laying out new Highways. And whereas to some Plantation or Plantations, no Highways are yet laid out; Than, and in such Case, the Surveyors shall thereof inform the Two next Justices of the Peace, who are hereby impowered and required to issue out their Warrant to the next Constable, A Jury of the Neighbourhood. for impanelling a Jury of the Neighbourhood of the said Highways or Plantations, where they are wanting, for altering the old, and laying out a new Highway, together with a straight Path leading to the general Way, for such Plantations as want it as aforesaid, with most Conveniency, and lest Detriment to any Private Person that may be. Which said Jury are hereby impowered to allot and lay out the same, according to the Dimensions before expressed. And if any Juror lawfully Summoned, shall neglect to appear, or appearing, shall refuse to perform his Duty by this Act required, unless he shall give a lawful Excuse to be allowed by the said Two Justices; he shall forfeit for such his Default, Punishment of Jurors not appearing, etc. Three Hundred Pounds of Sugar. And if any Constable shall not give his Lawful Summons to the said Jurors, according as he is by Precept under the said Justice's Hand directed, without lawful Excuse to be allowed as aforesaid, he shall fofeit for such Default, Three Hundred Pounds of Sugar. Forfeit 300 lb. Sugar. Clause XIV And be it further Enacted by the Authority aforesaid, That all Sums or Quantities of Sugar arising by Assessment or otherwise, by Virtue of this Act, and all Issues to be forfeited by Jurors for not appearring, to pass upon any Information or Indictment, for not repairing and keeping clean any Highways, or not removing Defects or Nuisances in any Streets or Highways, and all Fines or Amerciaments to be imposed on any Parish or Private Person, for not repairing Highways, or not performing their Duty and Duties in and by this Act required, shall be employed and bestowed by the said Surveyors of High ways in paying Workmen's Wages, for doing such Work, and for such other Employments as are hereby appointed to be done and performed, and shall be levied by virtue of this Act, All Fines, Forfeitures, Issues, by this Act, to be levied by Warrant from any Justice. by the said Surveyors of Highways or Constables, or any of them, by Warrant from any Justice of the Peace within the Parish; who is hereby upon Conviction of the Offender, by Two Witnesses, or his own Confession, required and impowered to grant the same by Distress and Sale of the Goods of such Persons offending as aforesaid. After 10 Days notice, to be committed, to Goal and pay double. And for Default of such Distress, or Nonpayment of the said Sugar, by the Space of Ten Days after demand thereof made, or left at his House in Writing, under the Hands of the said Surveyors or Constables, or either of them, the Party so in Arrear, shall be by Warrant from the said Justice of Peace, before whom such Conviction was had, committed to the common Goal, there to remain without Bail or Mainprize, till he hath paid double, what shall be so in Arrear, or by Fine, or other Penalty is charged upon him to pay, together with Charges incurred to the Party prosecuting for such Default. Clause XV And if any Suit shall be commenced by any Person against any Constable or Surveyor of the Highways, Surveyors, Constables, etc. Sued for not pursuing this Act, Cost, and 1000 Pound of Sugar. Pled the general Issue, give the Special matter in Evidence. or against any Person employed by them, or any of them, or authorised by this Act to do or perform, as by this Act is directed for doing or performing as aforesaid. That than, and in every such Case, the Action shall be laid in the proper Precinct where the Fact was done, and not elsewhere. And the Defendant may pled the general Issue to it, and give the special matter in Evidence at the Trial, that what was done, was done in pursuance of this Act. And if upon Examination it shall appear to be done, than the Jury shall found for the Defendant. And in such case also, if the Plaintiff shall be nonsuited, or discontinue his Action after the Defendant has appeared, the Defendant shall have his full Costs, what upon Oath he shall make appear to any Judge, before whom such Trial or dis-continuance is had, he laid out in defence of such Suit, and also one Thousand Pounds of Sugar more, in regard of this unjust trouble and vexation taxed by the Court against the Plaintiff. Clause XVI And be it further Enacted and Ordained by the Authority aforesaid, That every Surveyor elected or hereby appointed as aforesaid, Surveyors to give Account to the Vestry, at the end of the Year. shall Yearly within one Month after the expiration of the Year wherein he was so Surveyor, make and yield up to the Vestry of the said Parish, a true and perfect Account in Writing, at some public Meeting, to be appointed by the Vestry, of all the Sugars he hath received or paid out, within his Year, for, or by reason of his said Office, namely, of whom and what received, and to whom and what paid. And if any Overplus do remain in his Hands, he shall pay the same over to the next Surveyors, or one of them than in being, for the use of the said Parish, to be disbursed in and about the Highways. And if such Surveyor shall refuse or neglect to make such Account or Re-payment as aforesaid, That than it shall be lawful, to and for any one of his Majesty's Justices of the Peace within the Parish or Precinct, and upon such Default found on the Surveyor's part, to commit such Surveyor to the common Goal, To stand committed until they accounted. there to remain without Bail or Mainprize, until he shall make such Account and Payment as aforesaid: Together with such satisfaction for the Damage, as the said Vestry and Parish have sustained by reason of such neglect, and as any one Justice shall judge reasonable. But if the said Justice shall found such Account to be clear and good, than he is to allow the same; and such Surveyor is not afterwards to be questioned or troubled thereabouts. Preamble. And whereas several Persons for their private Commodity, have, or hereafter shall in the Highways, which run through Plantations, erected Gates; through which, all Travellers being necessitated to pass the same, by reason of the Narrowness thereof, becomes in Wet Wether, very Deep, and almost Impassable; to the great Trouble and Damage of his Majesty's Liege People. For Remedy whereof, Clause XVII Be it further Enacted by the Authority aforesaid, That all such Gate-Places on the public Road, The Dimention of Gates and Gateways on all common Roads. shall be at lest Ten Foot in wideness, between Post and Post; and they shall be made at the Charge of the Owner of the said Land, where such Gate shall be, within Three Months after Publication hereof: A good, firm and sufficient Causeway, or firm Gravel Path, of the full wideness of the said Gate, and to extend in length Twenty Foot of each side of the said Gate, and shall continually keep the same in Repair. And in case any Person so having a Gate as aforesaid, shall neglect to make it of the said wideness, or to make the Causeway within the time aforesaid; Punishment of Offenders. he shall forfeit Two Thousand Pounds of Sugar, to be levied and disposed of in manner as aforesaid; and shall likewise forfeit for every Three Months after that he shall neglect the same, the quantity of Two Thousand Pounds of Sugar, until he hath made the said Causeway, as is in this Act prescribed. And after the said Causeway made, if the said Person shall neglect to Repair the same, within Twenty Days after he is ordered to do it, by the Surveyors of that Parish, or by any one of them, he shall forfeit for every such Default, One Thousand Pounds of Sugar, to be levied and employed as aforesaid. And the Surveyors of the several Parishes are hereby impowered and required, To pull down Rails in Highways, etc. to take away all Rails that shall be put up in any common Highways in the Passage. And in case any Rails shall be so hereafter put up, the Parties shall forfeit for every such putting them up, Two Hundred Pounds of Sugar, to be levied and disposed of as aforesaid. Preamble. And whereas the Highways in open Ground are in many Places already by Fences reduced to a narrower scantling than by this Act is required, which now to widen, might be of great Damage to the Owners of the Land of each side of the said way: For Prevention whereof, Clause XVIII Be it further Enacted by the Authority aforesaid, That if the Owners of the said Land, do within one Month after Publication hereof, In old narrow Paths, Causeways to be made by the Land Owners. make a firm, plain and sufficient Causeway or Gravel Path between the said Fences, (provided the same be broad enough for Two Carts to pass each against other) and also to enter into Bond for One Hundred Pounds Sterling, to the Surveyors of the said Parish for the time being, and their Successors, for the use of the said Parish, constantly to keep the same in good Repair; If not made, and to keep Hedges, to be pulled down. Than and in such case, the Surveyors of the Highways, shall forbear to beaten down the said Fences, or widen the said Way: Any thing in this Act seeming to the contrary notwithstanding. Preamble. Whereas it hath been taken into consideration, that if the Parishes nearest adjoining to the Seaside, should at their own proper Costs and Charges, maintain their Highways and Causeways, it might possibly become over-burthensome unto them, in regard their Ways be nearer the Centre, and are more in number, and more used and worn; of which the Parishes farther off, have the Benefit and Conveniency; and therefore it seems most equitable, Adjoining Parishes to contribute to the mending of the Highways. that they should in some measure contribute towards the Maintenance and Repair of them. For which purpose, Clause XIX Be it further Enacted and Ordained by the Authority aforesaid, That upon all extraordinary Occasions of Charge in reparation as aforesaid, of the Highways, Causeways, Gravel, Paths or Bridges in the Parishes nearest the Sea, such reasonable Contribution shall be made out of the Parish Stock, by the Surveyors of those respective Parishes which have the benefit of such Reparations, General Sessions to order the Quantum. as to the Justices of the Peace at the general Sessions upon hearing the whole Matter, shall be judged fit and reasonable. Clause XX Item, If any Justice of the Peace shall refuse or neglect to perform that Duty, which by this Act is required of him; A Justice refusing or neglecting his Duty, to be fined 10000 Pound of Sugar. Such Justice upon Conviction thereof by the Oath of Two Witnesses, or his own Confession before the Commander in chief for the time being, and any Two more of the Council, shall be adjudged to forfeit the Quantity of Ten Thousand Pounds of Muscovadoe Sugar, and to stand committed, until he have paid the same into the Hands of the Surveyors of the said Parish where the said Default was made, to be disposed of for the use of the Highways as aforesaid. Clause XXI And lastly, Be it Enacted and Ordained by the Authority aforesaid, That all Acts, Laws and Statutes formerly Made, All former Acts and Statutes are voided, that are made to this purpose. Enacted and Ordained, for, and concerning any broad Paths or Highways within this Island, and provided for in this Act or any Clause thereof, be and are hereby declared to be voided and null, to all intents and purposes whatsoever: Any Law, Usage or Custom to the contrary notwithstanding. January the Ninth, 1661. Signed, Humphrey Walrond. Nᵒ 24. An ACT concerning Ships, and the Duty of their Masters or Merchants upon their Arrival, with the appointment of the Impost of Poundage and Tonnage. Repealed by Act made in 1697. Nᵒ 25. An ACT concerning the General Sessions. This Act is Repealed by an Act made in Sir Richard Dutton's time. Repealed by Act N. 300. An ACT concerning Persons intended to departed this Island, Nᵒ 26. Repealed by an Act of Colonel Codrington's N. 174. and the setting up their Names in the Secretary's Office, and Warrants of Arrests. Nᵒ 27. An ACT for settling the Militia mthin this Island. Repealed by several Acts following. Nᵒ 28. An ACT for the restraining the Excessive taking of Usury within this Island. This Act is comprised in an after Act. Nᵒ 29. An ACT concerning Forestallers, and Engrossers of Provisions. This Act is comprised in an after Act, N. 172. Nᵒ 30. An ACT for continuance and observation of all Acts and Statutes not Repealed. Preamble. WHereas there are divers and sundry good and wholesome Laws, Statutes and Ordinances Provided, Enacted and Made, Assigned and Agreed upon, by, and with the Assent, Consent and Approbation of the Governor, Council and Freeholders' out of every Parish of this Island of Barbados, entitled, A General Assembly for that purpose elected, made and chosen. Clause I It is hereby Enacted, Published and Declared, That all and singular the said Statutes, Laws and Ordinances so made by the general Assembly, shall from henceforth continued, be and remain in full force and power, to be truly and effectually observed, performed, fulfilled and kept from time to time, and at all times hereafter, by all and singular the Inhabitants of the said Island and others, which from time to time shall be and remain upon this Island, that none of the said Articles, Statutes, Laws and Ordinances shall at any time hereafter be repealed or nullified in part, or in whole, nor any thing thereunto added, without the Assent, Consent, Advice and Approbation of a like general Assembly, consisting of the Governor, Council and Freeholders'; which Freeholders' are freely to be Elected and Chosen by the Mayor Voice of the several Parishes respectively within the said Island, being Two at the lest in each Parish. Nᵒ 31. Repealed by the Militia Acts, and in the Council Books. An ACT for settling a Regiment of Horse within this Island. Nᵒ 32. An ACT prohibiting all Persons to encroach upon their Neighbour's Line. Preamble. WHereas many Persons upon Pretence that they wanted their Proportions of Land, have encroached upon their Neighbour's Line, and made use of great Parcels of their Lands, and fallen and cut down many of their Marked and Timber Trees of a good value; whence hath risen present Difficult Suits of Law, by reason that oftentimes not marked Trees or corner Trees were to be found; when as in truth such Incroacher hath well enough known their Bounds and Limits; which hath been much to the Injuries and Damages of poor People within this Island; who have not thereby only lost their Timber Trees and Land, but also other Privileges and Commodities which thereby did accrue to them. For Prevention whereof, and other like Mischiefs that depend thereon for the future, Clause I It is Ordained and Enacted, by the Governor, Council and Assembly, and by the Authority of the same; that whatsoever Person shall presume to encroach upon his Neighbour's Line within the old Bounds, or cut down any Corner or marked Trees directing in the Lines, or any other Trees out of his own Bounds, shall forfeit for every such Marked and Corner, or Timber-Trees so cut down, Five Hundred Pounds of Sugar; and for every other one Hundred Pounds of Sugar; all which shall be recovered by the Party Suffering, by Action of Debt in any Court of Record within this Island. Dated the 30th of August, 1656. Nᵒ 33. An ACT for the Annual Rates of Wines and other Strong Liquors. Repealed. Nᵒ 34. An ACT to prevent the prejudice that may hap to this Island, by Lose and Vagrant Persons in and about the same. Preamble. WHereas it hath been taken into great consideration the great number of Lose, Idle, Vagrant Persons, in and about this Island, who are of no certain Employment, Note, This Act is provided for by the Quarter-Sessions. and have no constant Residence or Place of Abode; whereby they become ready to make use of all Advantages, and upon all Occasions to act to the prejudice of this Place, and the disturbance of his Majesty's Peace and Quiet of the same. Clause I It is therefore hereby Enacted and Ordained by the Governor and Council, with the Consent of the Gentlemen of the Assembly, That the several Justices of the Peace within their several and respective Precincts within this Island, where they live, have hereby Power to take notice of all such Persons, who have no constant Place of Abode, and are of no settled Employment and Calling, the Names of all such Person and Persons, forthwith to inlist and sand the same to the Governor. To the intent such Consideration may be had therein, that all such Persons may be employed in some necessary work, to the Defence of this Island, and the Peace and Tranquillity thereof from time to time preserved. Nᵒ 35. An ACT for the Binding out Apprentices. Expired. Nᵒ 36. An ACT for the making good, and clearing the Ways of the Streets and Lanes in and about the Indian-Town, Spight's- Bay, alias Little-Bristol. Repealed by Act 102. Nᵒ 37. An ACT for the appointing and nominating of Streets, Lanes, Alleys, Wharves and other Passages convenient in and about the Town of St. Michael's. Repealed by Act 107. Nᵒ 38. An ACT to prevent the danger that may hap by Fire, in, or about the Seaport Towns within this Island. Obsolete. Nᵒ 39 By the Governor, Council and Assembly concerning Taxes. Expired. Nᵒ 40. An ACT for the disposing of several Fines, that are imposed upon several Persons for several Misdemeanours done within this Island. Preamble. WHereas it hath been taken into consideration the many and veral Fines that have been imposed and laid upon several People for their Miscarriages before the Governor and Council at the time of their Sitting, and for their Contempts and Misbehaviour in the several Courts of Judicature within this Island, and for neglecting attendance on the said Courts, when duly summoned thereto, etc. And for that for the times past, no strict Course hath been taken for the levying the said Fines, and no Account hath been hitherto rendered, what hath become of the same; which tends much to the detriment of the public Stock, and benefit of this Island. For Prevention whereof, and Remedy therein for the future, and to the intent that all such Fines may be duly levied and received into the public Treasury, for the use and benefit of this Island. Clause I Be it Ordained and Enacted, and it is hereby Ordained and Enacted by the Governor, Council and Assembly, and by the Authority of the same, That from and after Publication hereof, the Clerk or Clerks of the several and respective Courts within this Island, All Clerks of Courts to keep account of Fines. for the several and respective Precincts, shall keep a just and true Account of all such Fine or Fines that shall be laid or imposed upon any the Inhabitants of this Island, for any their Misdemeanours in the said Courts, or neglecting their Attendance on the same, when duly Summoned thereto, etc. by the Judge or his Assistants. Every Two Months to be delivered to the Marshal. And that the said several Clerks shall every Two Months deliver unto the several Marshals of the said several and respective Courts, as also unto the Treasurer of this Island for the time being, within every such time, all and every such List of Fines within the Precincts of their Courts, attested under his or their Hand or Hands. Which said Marshal or Marshals, is hereby required upon Receipt of the same, Judge to make Executions. to repair to the Judge of his or their Courts within the Precincts for Execution for levying of the same upon the Goods or Persons of such as are Fined, the said several Judges of the respective Courts being thereby authorised, impowered and required to sign such Execution or Executions, for levying the said Fines within his Precincts, upon the Goods or Persons so fined as aforesaid, as in case of Debt or otherwise. To be levied as in case of Debt. Which said Marshals of the several and respective Courts, are hereby required and authorised, to levy and extend the same Executions, and to Appraise and Cell all such Goods for making good the Payment of such Fine or Fines as aforesaid, in manner and Form, as hath been heretofore accustomed for Executions for Debts within this Island; and upon any such Appraisement, to return the Overplus, if any be, to the Owner thereof; reserving to himself out of the Goods so Attached, or receiving from the Party, whom the Execution is against, his usual and accustomed Fees, Accustomed Fees to be paid. as in case of Execution for Debt. And upon any Receipt of all such Goods as the said several and respective Marshals shall have and receive, by reason and 'cause aforesaid, they are hereby required to carry, convey and deliver the same, Marshal 〈…〉 so 〈…〉 use. at the Costs and Charges of him or them, whom the Execution is against, to the Treasurer for the time being; who is hereby required and authorised to receive the same, for the public use and benefit of this Island; the said several and respective Marshals, taking from the said Treasurer for the time being his Receipt, shall be, and is hereby declared to be his or their sufficient Discharge. And to the intent that all due Observance may be had hereto, and that no neglect be given herein, Clause TWO Be it further Ordained and Enacted by the Authority aforesaid, That whatsoever Clerk or Clerks, Marshal or Marshals, shall make Default in their Office and Duty herein, or be wanting or neglecting in the performance thereof, as is before expressed, shall for such his, or their Default or Neglect, be ousted and dismissed from such, his or their Office or Place, and shall likewise be committed, and lie in the common Goal for Three Months, without Bail or Mainprize; the same to be immediately executed upon him or them, upon his or their Conviction, upon the Oath of one or more Witnesses, or other sufficient Proof before the Governor, or any one Justice of the Peace. Nᵒ 41. An ACT for the Regulating and Appointing the Fees of the several Officers and Courts of this Island. Preamble. WHereas it hath been taken into serious Consideration, the great Burden the several Inhabitants of this Island have sustained and complained under, by reason of the extraordinary Fees to and unduly exacted by the several Officers of the several and respective Offices and Courts within this Island, whereby oftentimes the Charges exceed the Value of the Suit. For Remedy whereof for the future, and to the intent all the said several Fees or Demands, of the said several Courts and Offices may be certainly made known, and all Exactions and unlawful Demands by them be prevented and punished. Clause I Be it Enacted, Ordained and Established by the Governor, Council and Assembly, and by the Authority of the same, that the Secretary nor any other Officer or Officers whatsoever belonging to this Island, and to the several Courts of the same, by himself, Deputy, Clerk or Servant, To take more than just Fees, forfeits Office, and 1 months' Imprisonment. shall after Publication hereof, receive or take any other Fee or Fees, for any Business hereafter named, than is for the same hereafter expressed and annexed hereto, under Penalty of Forfeiting or Losing his, or their Office or Offices, and lying in the common Goal, without Bail or Mainprize, the space of one Month; the same to be immediately executed upon him or them, upon his or their Conviction, upon the Oath of one or more Witnesses, or other sufficient Proofs before the Governor or any Justice of the Peace. And to the intent that all due order may be herein kept and observed, and the Inhabitants of this Island may not be ignorant thereof, Clause TWO Be it further Enacted, Established and Ordained by the Authority aforesaid, Table of Fees in the Office of Secretary. That the Secretary's Fees and Prices thereof, according as they are in this Act annexed, set down and expressed, be fairly engrossed and hung up in the Secretary's Office; that all the several Officers as Clerks of the several and respective Courts and Chancery, Table of Fees in all other Offices. and Marshals of the several and respective Courts, their several Fees, and the Prices thereof, according as they are in this Act annexed, set down and expressed, be drawn on a Table, and hung up in their several and respective Offices or Courts. And that the said Table of Fees be not out of their several Offices at any time, but on Court-Days; and on Court-Days, Table of Fees in Courts, on Court Days. to hung up in some public Place in the Court, during the Session of Court, under the Penalty of Forfeiting and Paying One Thousand weight of Muscovadoe Sugar for every such Default; the one Moiety to be to the use of this Island, and the other Moiety to him or them that shall inform or sue for the same, to be recovered by Action of Debt, in any Court of Record within this Island. Clause III And be it further Ordained and Enacted by the Authority aforesaid, A Place to be appointed to receive Sugar for Fees. That the Secretary, and Clerks and Marshals of the said Respective Courts and Chancery, do appoint some one certain Place at the Seaside, or Towns in their several Precincts where their Fees may be paid, that People may certainly know where to carry and pay Sugar for Fees; and that no Officer or Officers aforesaid, do refuse Sugar according to the Prices mentioned and expressed in the several Lists annexed to this Act; (the goodness of the Sugar to be judged by any Two of the Neighbourhood) upon the Penalty of forfeiting One Thousand Pounds of Sugar for every such Default, Refusing Sugar, forfeits 1000 Pound of Sugar. and to be recovered, and be due in manner as aforesaid. The SECRETARY's Fees. For Recording Deeds, and Bills of Sale 20 lb. Sugar. For every Bond for an English Ship, Five Shillings. lb. Sugar. For every Ship Bond for a Stranger, Ten Shillings. lb. Sugar. For Recording Articles of Agreement and Covenants, Ten Pounds of Sugar; a Side with Thirty Lines in a Side, an Inch left for the Margin. 10 lb. Sugar. For Recording Certificates for Land 10 lb. Sugar. For a Search of any Record 16 lb. Sugar. For every Recognizance 6 lb. Sugar. For every Caveat 4 lb. Sugar. For every Under-writing 2 lb. Sugar. For every Ticket 6 lb. Sugar. For Drawing a Deposition 10 lb. Sugar. For Drawing a Bond Obligatory 6 lb. Sugar. For a Licence for Marriage 50 lb. Sugar. For a Letter of Administration, Warrant of Appraisement, and Inventory only Filled 30 lb. Sugar. For every Will recording 20 lb. Sugar. For the Copy of a Will 20 lb. Sugar. For Recording Depositions 10 lb. Sugar. For a Copy of an Inventory 20 lb. Sugar. For every Order of the Governor and Council 10 lb. Sugar. For every Letter of Attorney Recording 20 lb. Sugar. For every Licence for keeping a Country Storehouse 100 lb. Sugar. For every Surveyor's Commission 100 lb. Sugar. For every Clerk of the Market for his Commission 100 lb. Sugar. For every Protest at the Bridge 50 lb. Sugar. For Licence to draw Drink, not being of the growth of this Country 100 per Annum. lb. Sugar. For a Writ of Error, and the Proceed upon it at Council-Board 100 lb. Sugar. The CLERK of the PEACE his Fees. Every Action entered 100 Every Indictment 50 Every Recognizance 40 Every Session Summons 10 Every Recognizance drawn 10 Every Judgement acknowledged 100 Every Order or Judgement of the Court 20 Every Traverse 40 For Copy of each of those 20 Every Writ of Error 100 Every Presentment 40 Every Execution 40 The CLERK of the PRIVATE Covrts' Fees. For a Commission to Audit Accounts 20 lb. Sugar. For a Writ of Inquiry of Damage 20 lb. Sugar. For a Scire Facias 5 lb. Sugar. For an Order thereupon 2 lb. Sugar. For an Appeal if Prosecuted 30 lb. Sugar. For entering acknowledgement of Satisfaction after Judgement 20 lb. Sugar. For Summons for a Voucher 4 lb. Sugar. For Filing Reasons of Demurrers and Arrest of Judgement 4 lb. Sugar. For a Foreign Attachment 10 lb. Sugar. For a Bill of Costs adjudged by the Courts 2 lb. Sugar. For Filing an Injunction 4 lb. Sugar. For Filing a Dismission from Chancery, and Filing the Action anew 2 lb. Sugar. For the Return of a Writ of Error 80 lb. Sugar. For Recording a Letter of Attorney that will not be left in Court 10 lb. Sugar. For drawing a Deposition 6 lb. Sugar. For a Certificate 4 lb. Sugar. For Receiving and Recording Reports 12 lb. Sugar. For Searching the Records in the Old Books within the Year, Two Pound; if longer 10 lb. Sugar. A LIST of CHANCERY Fees. For Filing a Bill of Complaint 50 For Filing an Answer or Demurrer 40 For Filing a Replication 25 For Filing a rejoinder 20 For a Subpoena 10 For a Subpoena for Witnesses, Three being in it, and so for every Three 10 For a Bond 10 For an Injunction 20 For Filing the Examiner's Report 20 For the Copies of Bills, Answers, Replications, Rejoinders and Demurrers, or Report 20 For a Commission 100 For a Copy of an Order 10 For a Decree 50 For a Contempt 20 MARSHALS of Covrts' Fees. For serving a Warrant 4 lb. Sugar. For the underwriting the Action before Filing 10 lb. Sugar. For trying the Action 30 lb. Sugar. For Levying the Execution under 2000 Pounds; for the First 1000 l. Four Pounds of Sugar, per Cent. For the Second 1000 l. Two Pound per. Cent. For the Third 1000 l. One Pound per Cent. and so forward proportionably For a Committment in Court 30 lb. Sugar. For Impannelling a Jury of View, and their Attendance thereon 200 lb. Sugar. For Levying or Extending Foreign Attachments allowed proportionably, as in case of Executions The several Businesses done by the Provost Marshal in the Execution of his Place, Fees already set For every Committment of a Gentleman or Master 20 lb. Sugar. For every Release 20 lb. Sugar. For Diet, if he can agreed; if not, to found himself For Committment of an Ordinary Man 10 lb. Sugar. For his Release 10 lb. Sugar. For his Diet, Four Pounds of Sugar for every Four and Twenty Hours, if he cannot found himself, the Provisions to be Bonaviss, Potatoes or Bread, and enough of Water For every Twenty Four Hours Imprisonment nothing, because the Prison is to be paid by the Public For a Warrant of Arrest at the Bridge, Twenty Pounds of Sugar; for every Mile from thence; besides the Twenty Pounds of Sugar, Five Pounds each Mile For Arrest Aboard Ship, Fifty Pounds, besides Charge of Boat-hire, and Miles he shall go by Land, the Boat-hire to be certain, or at Twenty Pounds of Sugar For every Man bound to the Peace and good Behaviour, or indicted and called at Sessions 20 lb. Sugar. Every Warrant of Possession to be directed to the Provost Marshal; for serving of which, he is to have an Hundred Pounds of Sugar, be the Land more or lesle 100 lb. Sugar. And because we conceive these Fees, though enough for the Country to pay, yet not sufficient to maintain a Provost Marshal; therefore we think fit, that he receive an Hundred Pounds of Sugar, per Annum, for every House that shall receive Licence to cell Drink, not being of the Growth or Manufactory of this Country. For Summoning of a Special Jury 500 For a Habeas Corpus in the Town of St. Michael, Thirty Pounds of Sugar per Day, and Forty Pounds per Day, to any Place out of St. Michael's The Assembly agreed and desire, That the Custody of the Cage in the Town, be in the Provost Marshal; and that all Prisoners pay their Fees for their Discharge equal, as if they had been committed to Prison, and desire the Governor and Council to concur and agreed thereto. Nᵒ 42. An ACT for the certain and constant appointment of all Officers Fees within this Island. Preamble. WHereas the Fees for the respective Offices of this Island, are by an Act of the Governor, Council and Assembly, settled for a time uncertain; by means whereof it may be understood to be a Settlement to perpetuity, which was not the intention of the said Act; the Authority of this Place always intending to reserve a power in themselves, at any time when they shall see fit, to make the several Fees more or lesle. Clause I Be it therefore Ordained and Enacted by the Governor, Council and Assembly, and by the Authority of the same, That from henceforth no establishment of Fees, be continued in force longer than the Twenty Fifth Day of March next. And after that time, no establishment be made, of any the Fees aforesaid, for any longer time than Six Months. But if the Governor, Council and Assembly, shall omit at the expiration of the time aforesaid, or in any of the Six Months after; That than the Fees before Established, continued and be in force, until there be alteration made by the Governor, Council and Assembly. Dated the 7th of September, 1652, and Confirmed the 7th and 8th of August, 1661. Nᵒ 43. An ACT for the better Discovery of Strayed Cattles, of such as are distrained, doing Damage. Provided for by Act 301. Nᵒ 44. An ACT for the Relief of such Persons as lie in Prison, and others who have not wherewith to pay their Creditors. Preamble. WHereas it hath been taken into consideration, the extreme Poverty of several Poor Persons within this Island, and their Inability to satisfy their several Creditors, and by reason thereof, suffer long and tedious Imprisonment, without any hope of Relief therein. Clause I It is therefore hereby Enacted and Ordained by the Governor, Council and Assembly, That all such Persons who are in Prison, and all others that have no other way to satisfy their several Creditors and Judgement for the same obtained against him, shall, if they will thereunto submit, be ordered and appointed by the Judge and Assistants of the Precincts wherein he lives, or wherein such Judgement was obtained, to serve such of his or their Creditors, that will give the greatest Wages per Month, for his or their Servitude, until such Judgement had, or Debts by him or them owing, shall be fully satisfied. Clause TWO Provided the said Debt or Debts, exceed not Two Thousand Pounds of Sugar. And in case there shall be any fraudulent Contracts or Agreements between the Debtors and Creditors, that in such cases the Judge or his Assistants shall revoke their Orders, and prosecute the Offenders, as in case of Fraud: Any Law, Usage or Custom heretofore to the contrary in any wise notwithstanding. An ACT for the more certain produce of all kind of Provisions within this Island. Nᵒ 45. Repealed by N. 48. A new Act. Nᵒ 46. An Addition to an ACT, Entitled, An Act for Settling the Estates and Titles of the Inhabitants of this Island to their Possessions in their several Plantations within the same. WHereas in a Clause in the said Act it is Ordained, that all the Inhabitants of this Island, that are in quiet possession of any Lands or Tenements, by virtue of any Warrant from any former Governors, or by Conveyance or other Act in Law from them who had the same Warrant, shall have, hold and enjoy the same as their free Estate. And whereas since some Scruples have arisen whether an Estate for Life or Inheritance may be construed from the same for want of these Words (their Heirs) To the intent the same may be more fully explained, and all Disputes of that kind for the future abolished, Clause I Be it therefore Enacted and Declared by the Governor, Council and Assembly, that by these Words (as their Free Estates) was meant, the whole Estate and Inheritance of the respective Plantations within this Island. So that by such Possession in manner as by the said Act is expressed, the said Inhabitants are hereby adjudged and declared to have and hold their Lands of Right to them, to dispose of or alienate, or otherwise to descend or be confirmed to their Heirs for ever. Nᵒ 47. An ACT for Settling the several Markets in the several Towns of this Island. Repealed by Act 98. Nᵒ 48. An ACT for the Encouragement of such as shall plant or raise Provisions to cell. Preamble. WHereas divers the Inhabitants of this Island have been discouraged from planting and raising Provisions to cell, in regard of the tedious Payments, are many times made, and the great trouble of Prosecution of the same at Common Law. For Prevention whereof for the future, Clause I Be it Enacted and Ordained by the Precedent, Council and Assembly, One possessed of 20 Acres or under, for Provisions sold, may recover before a Justice. and by the Authority of the same, That all Planters Possessed but of Twenty Acres of Land, or under, that shall after Publication hereof, cell any sort of Provisions of the growth or produce of this Island, shall, and have hereby power to prosecute any Person for any Debt accrueing by such Sale, before any Justice of the Peace within the Parish or Precinct, and recover the same in such manner and form, as Servants and Labourers are impowered to recover their Wages by virtue of an Act in that Case made and provided. And all Justices of the Peace respectively, are hereby impowered to do the same accordingly. Dated the 13th of March, 1661. Nᵒ 49. An ACT Entitled, An Acknowledgement and Declaration of the Inhabitants of the Island of Barbados, of his Majesty's Right to the Dominions of this Island, and the Right of the Right Honourable the Earl of Carlisle, derived from the said Majesty; and by the Earl of Carlisle, to the Right Honourable the Lord Willoughby of Parham; and also for the unanimous Profession of the true Religion in this Island, and imposing condign Punishment upon the Opposers thereof. The Reason of this Act ceases. Repealed. Nᵒ 50. An ACT concerning the Sale of Lands by Attorneys, Executors and Administrators. WHereas it hath been a long received Custom in this Island, for Attorneys, Executors and Administrations to make Sale of Land of their Principals, Testators and Intestates. And forasmuch as it evidently appears unto all Men, that the greatest part of the possessors of Land in this Island, sold no Land by no other Title, although they have given very valuable considerations for the same. The Governor and the Assembly having taken the Premises into their consideration, and well weighing the mischievous consequence which must necessarily follow, if the validity of such Sale should be questioned, Do hereby Enact, Declare and Publish, That all Sales already made unto this Day by any of the Persons before recited, to the behoof of any Principals, Testators or Intestates, shall be as firm and valid unto the Purchasers, their Heirs and Assigns, as if they had been made by the Principals themselves, or by the Testators or Intestates themselves. It is also Enacted by the Authority aforesaid, That all such Possessors as now hold by Merchants or by any Title derived from them, shall likewise be confirmed and established, they and their Heirs, in their Possession without disturbance. Nᵒ 51. An ACT for the advancing and raising the Value of Pieces of Eight. Repealed by Act 117. Nᵒ 52. An ACT for raising a present Levy of Sugar, to defray the Charges incident to the making of Breast-works at the several Landing-Places about this Island, to answer the present Occasion. Expired. Nᵒ 53. An ACT for the speedy Raising of a sufficient Strength of Labourers to erect some Breast-works at the Seaside, Bays and Landing-Places about this Island. Expired. Nᵒ 54. An ACT for the doubling the Impositions of all sorts of Strong Liquors imported this Island. Obsolete, and other Acts made since to the same purpose. Nᵒ 58. An ACT for the better ascertaining the Laws of this Island. WHereas the present Governor, Council and Assembly, have signified by a late Declaration bearing date the Seventh Day of March instant, that the Government of this Place shall be according to the Laws of England, and of this Island, as hath been heretofore used and practised. And for that nothing more conduceth to the good and quiet of any Place and People, than the assuring and ascertaining such Laws and Statutes as they are to be governed and regulated by. And to take of all pretence of Ignorance of the same for the future, Clause I It is therefore Ordained and Enacted by the Governor, Council and Representatives of the Inhabitants of this Island now Assembled, What Laws of this Island are ascertained. That all such Acts and Statutes as have been made and published in this Island, or viewed, corrected and confirmed by any Governor and Council, or Precedent and Council, by Virtue of any Commission from King James, or Charles the First, his now Majesty's Royal Grandfather, and Father of ever blessed Memory, or by virtue of any Commission from his most Gracious Majesty that now is, either immediately from either of their said Majesties, or mediately from them, or either of them, by, from, or under the late Earl, or any former Earl of Carlisle, by, or with the Assent or Consent of the Representatives of this Place legally called and continued, which stands unrepealed by any Power and Authorities aforesaid, be hereby Enacted and Declared to be in full force and virtue in this Island; and that all Laws, Acts and Statutes made or published in this Island, by any other Power or Authority, than as before expressed, are utterly voided and of none effect: Any Declaration, Order or Ordinance to the contrary notwithstanding. Clause TWO And it is hereby further Enacted by the Authority aforesaid, That Philip Bell, Commissioners appointed to collect such Laws of this Island, as shall be in force. Esquire, Robert Hooper, Esquire, Constant Silvester, Simon Lambert, John Jennings and Richard Evans, Esquires, and Mr. Edward Bowden, Secretary; do with what convenient speed they can, collect and compile all the Acts and Statutes in force as aforesaid, and them cause to be fairly and distinctly entered and enrolled by the Secretary of this Island into one Book entirely by themselves, without being mixed or confused with any the Laws, Acts or Statutes made voided as aforesaid. Which Acts and Statutes so Transcribed, Entered and Enrolled, and none other, shall be, and be taken and esteemed to be, the Acts and Statutes in Force, made in this Island; any Declaration, Order or Ordinance to the contrary notwithstanding. And to the end the Inhabitants of this Island may be made sensible of the said Acts by the publication of them, and that the Secretary of this Island in this time of much business, as much as may be eased. Clause III It is further Ordained and Enacted by the Authority aforesaid, That one Fair Copy of all the said Acts, The said Laws to be transcribed and published in every Parish. when Transcribed and Ingrossed as aforesaid, shall be fairly written out and attested by the said Secretary, and sent to the Minister of the Parish of St. Michael, to be by him published in the said Parish-Church the next Sunday, and so from thence to some other Parish, to be published the Sunday after that; and so successively from Parish to Parish, to the end and purpose it may on the Ten next succeeding Sundays be published in the other Ten Parish-Churches of this Island; this to be done and conveyed to the several Ministers of the respective Parishes, by the Provost Marshal or his Deputy. And that Copy so attested and published as aforesaid, to be by the Provost Marshal returned to the Clerk of the Assembly, to be by him kept with the Books of the Assemblies Proceed: Provided that this Act nor any thing therein contained, shall be construed to give liberty to any Person, to assign Errors against the Jurisdiction of any Court within this Island held before the Twenty Eighth Day of February last passed. Clause IV It is also Ordained and Enacted by the Authority aforesaid, That in regard the public Seal appointed by his Majesty, that now is, to the Right Honourable Francis Lord Willoughby of Parham, for this and the rest of the Charibbee Islands, cannot at present be had to affix to this Act, according to the appointment of his Sacred Majesty in his Grant to the said Lord Willoughby, bearing Date the Twelfth of June, in the Fifteenth Year of his Majesty's Reign: The present Governors subscribing their Names to this Act, shall be deemed as effectual, and of as full force and authority, to all intents and purposes, as if the said Public Seal were thereunto affixed. Given under our Hands, the Twenty Second Day of March, 1666. Henry Willoughby, Henry Hawley, Samuel Barwick. Nᵒ 56. An ACT for the Prevention of Firing of Sugar Canes. IT is hereby Enacted, Published and Declared, That whatsoever Person or Persons that shall at any time hereafter wittingly or willingly burn or set on Fire any Sugar Cane Field, or any other Place where Sugar Canes do grow in any Place within this Island, shall for every such Offence to be proved, receive Forty Lashes upon his bore Back, and branded on the Forehead with an hot Iron, with the Letter R, and become Servant to the Party or Parties that shall be so damnified by the Burning or setting on Fire the said Sugar Canes, for the Term of Seven Years. But whosoever shall casually do the same, shall be liable to make Restitution and Satisfaction to the Party so damnified, according to the nature and quality of the Damage. Provided that this Statute extend not to any that shall burn or set on Fire their own Sugar Cane Fields, so that it be not prejudicial to any other. And whereas several Fields of Canes and Pasture have of late been fired, accidentally by carrying of Fire, and smoking of Tobacco in Paths where Canes are planted on either side, to the great Loss and Damage of several the Inhabitants of this Island, It is therefore hereby Enacted and Ordained by the Governor, Council and Assembly, and by the Authority of the same, That whatsoever Person or Persons shall after Publication hereof, presume to carry Fire, or take any Tobacco in any Path where Sugar Canes are planted on both sides of the same Path, or near to any Planted Canes, upon Conviction before any Justice of the Peace (who is hereby authorised to hear the same) by the Oath of one or more Witness, or the Parties own Confession, shall pay, and forfeit Five Hundred Pounds of Sugar for every such Offence so committed; and in case the Person contrary to this Act offending as aforesaid, shall not be able to pay the said Forfeiture, such Person or Persons shall upon Conviction as aforesaid, by order of the said Justice of the Peace, have and receive Twenty Lashes upon his bore Back, the same to be executed by the next Constable, the said Fine to be paid in to the Commissioners for the Highways of that Precinct where the Offence was committed. Nᵒ 57 An ACT for the better Ordering and Governing of Negroes. Repealed by Act 330. Nᵒ 58. An ACT for the Speedy Trial of all such Ships or Goods as shall be Seized on in any of the Ports or Bays belonging to this Island, by the Commander or Commanders of any His Majesty's Ships, who cannot stay till the Sitting of the usual Courts, without much Prejudice to His Majesty's other Affairs. Obsolete. The Preceding Collection of Laws were by an Act of this Island Ordained and Established to be in full and absolute Force and Virtue, and were duly published in all the Parishes of this Island, and returned to the Clerk of the Assembly, as more fully appears by an Attestation under their several Hands: The Original whereof is affixed to the Assembly Book of Acts: And also the aforesaid Acts were sent to England for his Majesty's Approbation, and have been fully approved and confirmed by his Sacred Majesty to be of full force and authority in this Island. The Return of the Commissioners is contained in the Words following, Viz. WE the Committee appointed for the Compiling of the Laws, having caused them to be Collected and Transcribed, as appears by a Writing under our Hands, expressed in the Page, the first Line entered in this Book, and are therein expressed, and be comprehended in One Hundred Fifty Three Sheets of Paper; which being now fairly engrossed in this Book, do appear to be Fifty Eight Laws, and are comprehended in Fifty Eight next preceding Pages. And to the end, that one first Declaration may be rightly understood, in regard that relateth to the One Hundred Fifty Three Sheets of Paper, wherein the Laws were first digested, We have thought good here to insert this present Explanation. Given under our Hands the 14th Day of November, 1667. Philip Bell, Constant Silvester. ACTS and STATUTES from the Ninth of May, One Thousand, Six Hundred, Sixty and Seven. Nᵒ 59 By the General Assembly, An ACT for the Raising a Sum of Goods for the needful public Use of this Island, and other His Majesty's Affairs in Relieving of the Leeward Islands. Obsolete. Nᵒ 60. By the General Assembly, An ACT appointing a Duty to be levied on Wines and other Strong Liquors imported this Island. Repealed. Nᵒ 61. By the General Assembly, An ACT for the Raising a present Levy of Sugar to defray the Charges of the Platforms and Breast-works to be appointed at the several Bays and Landing Places within this Island. Expired. Nᵒ 62. By the General Assembly, An ACT for the raising a further and sufficient Strength of Labourers for the Erecting and Finishing the Platforms and present Breast-works at the several Seaside Ports and Bays, and Landing-Places about this Island. Expired. Nᵒ 63. An Addition to the ACT for the Settling the Militia of this Island. Repealed. Nᵒ 64. An ACT for the satisfying some late public Disburstments out of the Levy of Fifteen Hundred Thousand Pounds of Sugar, raised by a late Act bearing Date the Ninth of May, 1667. Obsolete. Nᵒ 65. An ACT authorising the Governor of this Island for the Time being, to appoint a Provost Marshal within the same. Preamble. FOrasmuch as it hath been in the power of the Governor of this Island, from the Settlement thereof, to appoint meet Persons of known Abilities, for the execution of the Provost Marshal's Office; for which of late by some Surreptitious Practices, Patents have been obtained and procured from his Majesty, by Persons very unfit for a Place of such Trust, to the great prejudice of the Inhabitants. For Remedy therefore of these Inconveniences for the future, and that the said Office may be supplied with Persons able and fit for the discharge of the said Place, We the Representatives of this Island of Barbados, do humbly pray your Excellency, that it may be Ordained and Enacted. Clause I And it is hereby Ordained and Enacted by his Excellency, Council and Assembly, That the Governor shall have power to appoint the Provost Marshal. and by the Authority of the same, That it shall henceforward be in the governor's power from time to time, as occasion shall offer, to constitute and appoint any sufficient Person or Persons whom he shall judge meet, to be Provost Marshal of this Island, taking good Security, as hath been heretofore accustomed, for the just and honest Discharge of his Place. Given under my Hand, the Twenty Sixth Day of July, 1667. Signed, William Willoughby. Nᵒ 66. An Addition to the late Act for the raising a Sum of Fifteen Hundred Thousand Pounds of Sugar. Obsolete. Nᵒ 67. An ACT for a speedy raising a Sum of Goods for the defraying some late public Charges, and for other the present needful public Use of this Island. Expired. Nᵒ 68 An ACT for the supply of a further Strength of Labourers, to the finishing the present Works by the Seaside. Obsolete. Nᵒ 69. An ACT directing how the Clerks and Marshals for the several Courts of Common-Pleas within this Island shall be appointed, and what they shall receive. Preamble. WHereas it hath been an ancient Usage even from the First Establishment of the Courts of Judicature in this Island, that the several chief Judges in their Courts of Common-Pleas, have always from time to time, as occasion hath afforded, made choice of, and appointed Clerks and Marshals to attend the said Courts, and the former issuing forth all Precepts, and entering upon Record all such Matters, as have concerned the said Courts: And the other executing all Warrants, Writs, Executions and other Precepts issuing from thence. And whereas upon just Complaint made against the said Clerks and Marshals for their Neglect or other Miscarriage, the said Judges have had power to Discharge them, and place others in their stead, who should be more careful and diligent in the execution of their Offices. And whereas the Judges of this Island have no Salary or Allowance from His Majesty, for the great Care and Pains they must necessarily undergo in the discharge of the Trust reposed in them, We the Representatives of this Island, do humbly pray your Excellency, that it may be Ordained and Enacted, Clause I And it is hereby Ordained and Enacted, by his Excellency, William Lord Willoughby of Parham, Captain General and Governor in Chief of this Island of Barbados, and all other the Charibbee-Islands, and by, and with the Consent of his Council, and Gentlemen of the Assembly, That from, and after the Publication hereof, each Person who is, Judges to appoint their own Clerks and Marshals. or shall be appointed Chief Judge of any Court of Common-Pleas within this Island, shall have free Liberty from time to time, to make Choice of, Constitute and Appoint, any sufficient Person or Persons, whom he shall judge meet, to be and officiate as Clerk and Marshal of the said Court, whereof he is or shall be appointed Judge. And for the better regulating and ascertaining of the Fees belonging to the said Courts, Be it hereby Ordained and Enacted by the Authority aforesaid, That these Fees under-written, are hereby established, The appointing of the Clerks and Marshals Fees. and shall be taken by the said Clerks and Marshals of the respective Courts of Common-Pleas. And in case any Clerk or Marshal shall presume to take any other or greater Fees for the particulars herein expressed, and that proved before the Court, he shall forfeit his Place, and be Fined at the Discretion of the Court, not exceeding One Thousand Pounds of Sugar for each Offence. The Particulars of the several Fees are as followeth: Viz. The CLERKS of the COURTS of COMMON-PLEAS, their Fees. s. d. lb. Sug. For the Warrant being first Summoned, Examined and Attesting the Declaration, if ready written, Filing the same, and Recording, Three Shillings, or Twenty Four Pounds of Sugar 3 0 24 For a Writ of Contempt against Witnesses 01 0 8 For an Habeas Corpus for any Cause 02 6 20 For a Writ of Estreipment 01 3 10 For Entering any Rules of Court 00 6 4 For Copies of Records, Six Pence per Side, or Four Pounds of Sugar each Side, each Side containing Twenty Lines at lest For Entrance, Imparlance, Essoign, Adjournment or Continuance 0 6 04 For an Amendment of a Record by Order 2 6 20 For Entering a Judgement on Acknowledgement 2 6 20 For Entering Judgement on a Verdict 1 6 12 For Entering Judgement on a nihil dicit, non sum informatus, or the like Nonsuits 1 6 12 For an Execution after Judgement 2 6 20 For a Warrant for making away Attached Goods 1 0 8 For a Warrant to Appraise Lands 1 0 8 For a Writ for the Marshal to Swear the Appraisers 1 0 8 For an Order of a Debtor to serve the Creditor 1 0 8 For a Writ of Possession 2 6 20 For a Mittimus 0 6 4 For admitting to pled on a nihil dicit, according to the Laws, if he come within Fourteen Days 1 0 8 For a Supersedeas 2 6 20 For a Petition after Judgement, or by Consent 2 6 20 For a Replevy 2 6 20 For a Commission to Audit Accounts 5 0 40 For a Writ of Inquiry after Damage 2 6 20 For a Scire Facias 1 0 8 For an Order thereupon 0 6 4 For Entering Satisfaction after Judgement 2 6 20 For a Warrant for a Vouchee 1 0 8 For Filing Reasons of Demurrer, and Arrest of Judgement 0 6 4 For a Foreign Attachment 2 6 20 For a Bill of Cost adjudged by the Court 0 6 4 For Filing an Injunction 1 0 8 For Filing a Dismission from Chancery, and Filing the Action anew 0 6 4 For the Return of a Record upon a Writ of Error 10 0 80 For Recording a Letter of Attorney, that will not be left in Court 2 6 2 For Drawing a Deposition 1 0 8 For a Certificate 0 6 4 For Renewing and Recording Reports 1 6 12 For Searching the Records in the old Books within the Year, Six Pounds of Sugar; if longer, than by the Year, Ten Pounds The MARSHALS of the COURTS of COMMON-PLEAS, their Fees. For serving the First Summons, and making Return 1 0 8 For serving of the Jury in every Action 1 3 10 For the Trial of an Issue joined 3 9 30 For a Committment in Court 2 6 20 For every Release 2 6 20 For serving a Scire Facias 2 6 20 For levying an Execution, Four per Cent. for the first Thousand, and Three for the Second, and Two per. Cent. for all above For Impannelling a Jury of View, Twenty Five Shillings, or Two Hundred Pounds of Sugar 25 0 200 For Summoning Appraisers of Land, and attending on them 12 6 100 For the Marshal's Bill of Sale, and possession thereon 12 6 100 For attending Goods down to the Market, to be sold on outcry 2 6 20 For serving Replevy, and making Return 2 6 20 For allowance of Supersedeas 2 0 16 For Executing a Writ of Inquiry of Damage or Waste 25 0 200 For Executing a Writ of Partition by a Jury, upon Judgement in Court 25 0 200 The judges are to have for every Warrant, Six Pence in Money, or Four Pounds of Sugar; and for every Execution, Two Shillings and Six Pence in Money, or Twenty Pounds of Sugar. In Confirmation whereof, I have hereunto put my Hand, and caused His Majesty's Seal appointed for this and the rest of the Charibbee Islands, to be affixed to the original of this, this Fifth Day of September, 1667. Signed, William Willoughby. Nᵒ 70. An ACT for the Supply of a further Strength of Labourers to the finishing the present Works by the Seaside. Expired. Nᵒ 71. An ACT for Constant Silvester, Esq. to receive the Levy of St. George's. Obsolete. Nᵒ 72. An ACT for the Payment of the several Subscriptions made last Year by the Inhabitants of this Island, to accommodate the than intended Design for His Majesty's Service to the Leewards Islands. Obsolete. Nᵒ 73. A further Additional ACT to the ACT of the Militia of this Island. Repealed. Nᵒ 74. A further Additional ACT for the full confirmation of the Sale of certain Houses and Lands attached from Edmond Keyzar, and sold by outcry, unto John Jones, Gentleman, for the Satisfaction of a Debt due from the said Keyzar, as Farmer of the Customs of this Country. Private. Nᵒ 75. An ACT against the Killing of Calves. Expired. Nᵒ 76. An ACT for the supply of a further Strength of Labourers, to the finishing the Breast-Works by the Seaside. Obsolete. Nᵒ 77. An ACT for the raising of a further Levy of Sugar, to defray the Charges of the Platforms and Breast-works, to be appointed of the several Bays and Landing Places within this Island. Obsolete. Nᵒ 78. An ACT for the rating of Wines and other Strong Liquors, to be Sold by Retailers. Expired. Nᵒ 79. An ACT concerning the Commission of the Judges and their Assistants. FOrasmuch as the Judges and their Assistants of the several Courts of Common-Pleas within this Island, have hitherto acted by virtue of their Commission received from his Excellency William Lord Willoughby of Parham, Captain General, and chief Governor of this and the rest of the Charibbee Islands, under his private Seal of Arms. And whereas the said Commissions are since granted by his said Excellency, under the Broad and Public Seal appointed by his Majesty for this and the rest of these Islands. Clause I It is hereby Ordained and Enacted by his said Excellency, his Council and Assembly, For confirming the Judges proceed under a private Seal. That all Proceed hitherto acted and done by the said several Judges and Assistants, by Virtue of their said Commissions, under the aforesaid Private Seal, shall be, and are hereby held and esteemed as valid and effectual in Law, to all Intents and Purposes whatsoever; as if the said Public Seal had been affixed unto the said Commissions. Given under my Hand this 14th Day of December, 1667. Signed, William Willoughby. Nᵒ 80. An ACT appointing a Committee for settling the Public Accounts. Expired. An ACT to supply the Defect in the choice of Vestry-Men, Nᵒ 81 Expired. etc. in the several Parishes in this Island this present Year. Nᵒ 82. An ACT to prevent the Raising, Digging, Breaking up, or taking away of any Stones in any part of the Sea or Sea-Shoars before this Island, from Barly-Bay, Windward, to Captain Thompson's Bay, Leeward. Obsolete. Nᵒ 83. An ACT for Relief of such Poor Persons as have much suffered by the late afflicting Hand of God. Obsolete. Nᵒ 84. An ACT to prevent Forceable and Clandestine Entries into any Lands or Tenements within this Island. Preamble. FOrasmuch as great care hath been had for divers Years past, for the quieting, settling and ascertaining all men's Rights and Possessions in, and to their Lands and Tenements within this Island; so as that the difficulty and determining men's Interests through the defects of former Grants, or the weakness of Men in the infancy of Settlements, as to Deeds and due Forms of Law, hath been of late Years reasonably well evinced and cleared, and the limitation of time, as to men's Rights and Estates, Claims and Properties hath been successively enlarged and continued beyond expectation: Whereby all Capacities and Conditions of Persons might arrive to a Challenge of any their Estates. And that it is high time now the Possessors of Lands should in some measure be free from the daily vexation of unwarranted Claims, Entries and secret Possessions gained by Litigious, Troublesome and Unconcerned Persons, who notwithstanding the Courts of Common-Pleas, are open, and do hold Monthly for the determining Mens Rights; Yet do daily vex and disturb the Inhabitants of this Island in their Possessions and Estates, by privately setting up petty Roofs, or Thatched Houses, sometimes in the Night, sometimes in the Day, in the remote Bounds or Parts of their Plantations and Lands, and by sudden and secret Entries into Lands and Tenements, or by private ways of gaining Possession upon very frivolous Suggestions, do pretend Right and Property. And by such Means, with other subtle Tricks and Pretensions, meeting many times with the advantage of ignorant Persons concurrent with their Devices, do daily trouble and put to charge the Owners and rightful Possessors, and endanger their just Interests; when in truth the Party so indirectly gaining Possession or Entering, hath no just cause for his so doing. And also whereas it often falls out, that upon due Trial at the Common Law, it was found that such Entry was altogether Unlawful; whereupon Judgement is given, that the Plaintiff shall recover his Possession with Costs and Damages against the Defendant, whose Condition is for the most part so desperate, that he is not able to perform the Sentence of the Law; whereby the Plaintiff after a tedious Suit, and his Estate wasted, is left remidiless to his intolerable Grief and Damage. For Prevention of which great evils for the future, Clause I It is Ordained and Enacted, by the Deputy, Governor, the Council and Assembly of Representatives of this Island of Barbados, and by authority of the same, Not forceable Entries. That henceforward no Person or Persons whatsoever, presume to make any forceable Entries, or forceable Detainers into, or of any Lands, Houses or Tenements within this Island, or presume to enter secretly into any Man's Lands, Not to erect Huts, hovel, Thatched Houses to gain possession. Houses or Tenements for gaining of Possession, by setting up any Roofs, Huts, hovel, Tents or Thatched Houses, or by any such private or secret Practices, or other ways or means whatsoever, without due Course, Trial and Recovery at Law first had and obtained, Forfeiture. under Penalty of forfeiting Ten Thousand Pounds of Sugar for every Person so offending, to the King's Majesty. And whensoever any Person or Persons shall make any such Entry and Detainer, or by any such secret Means or Ways as aforesaid, enter into, or gain Possession of any Man's Lands, Houses or Tenements, upon any Pretence whatsoever, contrary to this Act, without Trial and Recovery at Law, first had and obtained, to bring into Question and Trial the Right and Property thereof. Two Justices or one of them to remove Possessions. The Two next Justices of the Peace are hereby required and authorised, upon complaint of the Party grieved, to remove such Entries and Possessions, and all such Houses, Roofs, Huts and Thatcht-Houses, for that end so put and erected, shall 'cause to be pulled down and destroyed, as if the same had never been. And the Person or Persons so entered, possessed or holding, or found doing contrary hereunto, shall be committed to the common Goal of this Island, there to remain, until they have given Recognizance themselves, Offenders forfeit. in Ten Thousand Pounds of Sugar, and Two Securities, in Five Thousand Pounds of Sugar a piece, Bound to the Peace and General Sessions. for his appearance at the next General Sessions to be held for this Island to answer the same, and in the interim to keep the Peace. At which said Sessions, the matter shall be fully examined, and the said Penalty there adjudged, and accordingly paid into the Public Treasury of this Island. And in case of resistance by strong Hand or Force against the said Justice or Justices executing herein, by any Party possessed or entered as aforesaid, and contrary to this Act; Posse Comitatus. The said Justice or Justices are hereby authorised and required, to raise the Power of the Country, and proceed against all the Offenders as Rioters or Rebels. And the Justice of the Peace who shall herein fail of executing as is hereby required, shall forfeit Ten Thousand Pounds of Sugar, Forfeiture. the same to be recovered in any the Courts of Common Pleas within this Island, by him that shall inform thereof, and sue for the same; the one half to the public Treasury for the use of the Island, and the other half to the Informer. Provided nevertheless, that this Act, Exceptions. nor any thing therein contained, shall not extend, or be construed to reach or extend to any entry made upon Breach of Covenants, Conditions, or any Arrearages of Rent, or any such like case, where the Right, Title or Property is not hereby enforced to, and intended for a Trial, or brought into question, or to the formal Entry made for the ensealing Leases of Ejectment, or Livery of Possessions made thereupon, if the Owner or Tenant thereby shall not be dispossessed. Given under my Hand the 19th Day of March, 1667. Signed, William Willoughby. Nᵒ 85. An ACT for the Speedy Recovering the Arrears of several Levies hereafter mentioned. Obsolete. Nᵒ 86. An ACT for the present stay of Building in St. Michael's Town, until further consideration. Repealed by Act 107. Nᵒ 87. An ACT for the speedy finding out, and restoring to the right Owners what Goods, etc. have been preserved from the late Fire. Obsolete. Nᵒ 88 An ACT appointing a present accommodation for His Majesty's Soldiers lately here arrived, or remaining with us. Obsolete. Nᵒ 89. Repealed and Supplied by several after Acts. An Additional ACT concerning Slaves. Nᵒ 90. An ACT appointing the last Levy for the Labourers in the Windward (Regiment, alias) Division, be changed into Goods. Obsolete. Nᵒ 91. An ACT reducing the Interest to Ten Pounds for One Hundred in One Year. Preamble. WHereas at this time, there is a very great abatement in the Value of Land, Sugar, Cotton, Ginger, and all other Wares and Commodities of the growth of this Island, both here, and also in England, and other Foreign Parts whither they are Transported: And whereas divers Inhabitants of this Place, as well Planters, as Merchants, Farmers of Plantations and Tradesmen, both for their urgent and necessary Occasions for the following their Trades, and maintenance of their Stocks and Employments, have borrowed, and do borrow, divers Sums of Money, Sugar, Wares, Merchandizes, and other Commodities. But by reason of the said general fall and abatement of the Value of Lands, and the Prices of Sugar, and other Merchandise, Wares and Commodities aforesaid, and Interest in Loan, continuing at so high a Rate as Fifteen Pounds in the Hundred, for one Year, doth not only make Men unable to pay their Debts, and continued the Maintenance of Trade; but their Debts daily increasing, they are enforced to cell their Lands and Stock, at very low Rates, to forsake the use of Merchandise and Trade, and to give over their Leases and Farms, and so become unprofitable Members of the Commonwealth, to the great hurt and hindrance of the same. Clause I Be it therefore Ordained and Enacted and it is hereby Ordained and Enacted, by the Deputy Governor, Council and Assembly, and by Authority of the same; that no Person or Persons whatsoever, from, and after the Nine and Twentieth Day of September next, upon any Contract to be made after the said Nine and Twentieth Day of September, shall take indirectly, or indirectly, for Loan of any moneys, Sugars or other Wares, Merchandizes or Commodities whatsoever, above the Value of Ten Pounds, 10 l. per Cent. Interest. for the forbearance of One Hundred Pounds for a Year, and so after that Rate for a greater or lesser Sum, or for a longer or shorter time. And that all Bonds Contracts, and Assurances whatsoever made after the time aforesaid, for Payment of any Principal or Money to be Lent, or Covenanted to be performed, upon, or for any Usury, whereupon, Contracts for above 10 per Cent. voided. or whereby there shall be reserved or taken above the Rate of Ten in the Hundred as aforesaid, shall be utterly voided. And that all and every Person and Persons whatsoever, which shall after the time aforesaid, upon any Contract to be made after the said Nine and Twentieth Day of September, take, accept and receive, by way, or means of any corrupt Bargain, Loan, Exchange, Cheivesance, Shift, or Interest of any Wares, Merchandizes, or other thing or things whatsoever, or by any deceitful way or means, or by any Covin Engine, or deceitful Conveyance for the forbearing, or giving Day of Payment for One whole Year, of, and for their Moneys or other things, above the Sum of Ten Pounds, for the forbearance of one Hundred Pounds for a Year, and so after that Rate for a lesser or greater Sum, or for a longer or shorter time, shall forfeit and loose for every such Offence, Forfeiture. triple the Value of the moneys, Sugars, Wares, Merchandizes and other things, so Lent, Bargained, Exchanged or Shifted. Clause TWO And be it further Enacted by the Authority aforesaid, That all, and every Scrivener and Scriveners, Broker and Brokers, Solicitor and Solicitors, Driver and Drivers of Bargains or Contracts, who shall after the said Nine and Twentieth Day of September take or receive, directly or indirectly, any Sum or Sums of Money, or other reward or things for Brokage, Soliciting, driving or procuring the Loan, or forbearing of any Sum or Sums of Money, Procurage 5 s. per Cent. over or above the Rate or Value of Five Shillings, for the Loan, or forbearing of One Hundred Pounds Sterling for a Year, and so ratably: Or above Twelve Pence for making or receiving of the Bond or Bill for the Loan or Forbearance thereof, or for any Counterbond or Bill concerning the same, 1 s. for the Bond. shall forfeit for every such Offence, Two Thousand Pounds of Muscovadoe Sugar, Forfeiture. and have Imprisonment for half a Year; the one Moiety of which Forfeitures to be to the King our Sovereign Lord, his Heirs and Successors, and the other Moiety to him or them, that will sue for the same, in the same Precincts where the several Offences are committed, and not elsewhere, by Action of Debt, Bill, Plaint or Information, in which no Essoign, Wager of Law or Protection to be allowed. And to the end there may be no shifting Evasions in abuse to the true intent and meaning of this Act, as there hath been of the former Act of this Island, by changing the Species of the Debt, sometimes from Money into Sugar and other Commodities, and again at other times from Sugar and other Commodities into Money: Wherein the Lender or Creditor working on the necessity of the Debtor or Borrower, hath set so low a Value on Sugar, when he converteth his Money into Sugar, and on the contrary so high a Value on it, when his Sugar-Debt or Sugar were to be converted into Money: That by such shifting the Original Sum lent, hath generally in Two or Three Years at most been doubled, to the great oppression of the Inhabitants of this Island, and the scandal of Justice, that have not adjudged such shifting and indirect Courses to be contrary to the former Act. Clause III It is hereby Enacted and Ordained by the Authority aforesaid, That there shall be no Change or Alteration of Money or Wares lent or continued in the Hands of any Borrower; Not changing Money into Goods, or Goods into Money. but that whatsoever is lent or continued, shall still remain unchanged from the Species it was first lent in, and that no Commodities be as aforesaid changed or shifted into Money, nor Money into Commodities. Preamble. And forasmuch as in the understanding of one Clause of the Act, establishing the Courts of Common Pleas within this Island, the Judges of the respective Courts, have differed in Opinion and Practice; whereby some Inconveniences have happened as well to the Merchant and Trader, as Inhabitants of this Island: By reason that on Recoveries in this Island of Debt payable in England, and there not duly satisfied, some Judges have ordered the satisfying thereof by Appraisement, some by Sale or Outcry; when as indeed neither of those Courses are directed by the said Act, but done at the discretion of the Judges. To the end there may be no failure of Justice, and that every Recovery should be satisfied, for prevention of which different proceed, and for the establishing a just and equal way for the satisfying such Debts and Recoveries, Clause IV It is hereby Enacted and Ordained, and the respective Judges of this Island, This last Clause is Repealed by an after Act. N. 117. are hereby required upon all such Recoveries now or hereafter to be made by reason of any Contract preceding the Publication of this Act, be satisfied and paid by Attachment and Appraisement, and that no Sale by Outcry in such case be allowed. And whatever Recoveries shall hereafter be obtained in any of the Courts of this Island, of Money that were payable in England, and became due by reason of any Contract made after the Publication of this Act, such Money-Debts shall be here satisfied by Muscovadoe Sugar, at Two Pence the Pound, or whatever else shall be Attached, where no Muscovadoe Sugar can be found, shall be Appraised into Muscovadoe Sugar; and if the Recovery be on Bills of Exchange, Twenty per Cent. to be added, as by the former Law of this Island is appointed. And in ordering and appointing Appraisers, the Judges are to have an especial care, that they appoint none to Appraise, but such as are good and sufficient Freeholders'. This Act to continued for the Space of Seven Years, from the said Nine and Twentieth Day of September, and so to the end of the Setting of the Assembly than next following. Given under my Hand, the 29th of April, 1668. Signed, William Willoughby. Nᵒ 92. An ACT for preventing the Selling of Brandy and Rum in tippling-houses near the Broad Paths and Highways within this Island. Preamble. FOrasmuch as intolerable Hurts and Troubles to this Island, do continually grow and increase through the Multiplicity of such Abuses and Disorders as are daily had and used in Unlicens'd tippling-houses, commonly called Brandy, or Rum-Houses, which are for the most part situated and erected near to Broad-paths or Highways; Whereby the Keepers of such Houses take advantage to Trade and Deal with Servants and Negroes for Stolen Goods contrary to Law, and to the great Oppression and Damage of Honest and Industrious People. And whereas on Sabbath Days, many Lewd, Lose and Idle People, do usually resort to such Tippling Houses, who by their Drunkenness, Swearing and other Miscarriages, do in a very high nature, blaspheme the Name of God, profane the Sabbath, and bring a great Scandal upon true Christian Religion. For Prevention whereof for the future, Clause I Be it Ordained and Enacted by the Deputy Governor, Council and Assembly, and by Authority of the same; None to cell Wine near Highways. Not to be licenced. and it is hereby Ordained and Enacted, that no Person or Persons whatsoever, be permitted or licenced to cell Wine, Brandy or Rum, or any other strong Liquors in such tippling-houses as aforesaid, from and after the First Day of June next ensuing the Date hereof, upon any pretence whatsoever. And in case any Person shall contrary to this Act, obstinately presume to cell such Liquors in such tippling-houses as aforesaid, Than the Person or Persons so convicted, by the Oath of Two or more credible Witnesses, or by the Parties own Confession, shall for such their first Offence, Forfeits 500 l. Sugar, First Offence. forfeit and pay the Sum of Five Hundred Pounds of Sugar, the same to be levied by distress, as in case of Servants Wages, by Warrant from any Justice of the Peace of that Parish, where such Offence shall be committed. The same Forfeitures to be converted to, and reserved for the use and maintenance of the Poor of that respective Parish. And in case any Person shall offend the Second time in the same nature, Second and after Offence, the Goal. That than the Person or Persons so offending, for such his Second Offence, be committed to the common Goal of this Island, there to remain without Bail or Mainprize, for the space of Three Months; and so for every such Offence so committed after his or their first Conviction, any Law, Usage or Custom heretofore to the contrary notwithstanding. Provided always, and it is the true intent and meaning of this Act, that no Persons dwelling in any the Seaport Towns or Bays within this Island, and have Licence for the selling Wine, Not to extend to Seaport Towns. Beer and other Strong Liquors, shall be by this Act debarred to cell the same; Except Windward of Oistnis, and Leward of Six-Mens-Bay. Except such as live Windward of Oistnis, and to Leeward of Six-Mens-Bay. Neither shall be construed to extend to the Prohibition of such Person or Persons as are appointed to give Entertainment in their Houses at the Quarter Sessions, or other Court or Courts of Judicature within the Body of this Island. Preamble. And forasmuch as it hath been the too long Covetous Practices of many Persons to buy decayed Wines, etc. with intent and purpose to vent the same at great Rates amongst the poor People, who live far up in the Country: By which means the poorer sort of Planters and Labourers contract many needless Debts, to the great Ruin of themselves and Families; and which tends very much to the depopulation of this place, if not timely prevented. Clause TWO Be it therefore Ordained and Enacted by the Authority aforesaid, None to cell Wines, etc. but what shall be the produce of their own Plantations. That no Person or Persons, except such as are before in this Act excepted, do after the first Day of June next ensuing the Publication hereof, take upon him or them to cell any Wines, Brandy or other Liquors, not being the produce of their own Plantations, und●●●enalty of losing all such Debts so contracted and made. Clause III And be it Enacted and Ordained by the Authority aforesaid, That all Accounts, All Articles in Accounts for Strong Liquors voided. Articles of Accounts, Bills, Bon●● or other Contracts so to be made, or given after the First Day of June next, for the Sale of such Strong Liquors retailed up in the Country as aforesaid, shall be deemed, and are hereby declared to be voided, null and of no effect; any Law, Usage or Custom heretofore to the contrary notwithstanding. Clause IV And be it further Enacted and Ordained by the Authority aforesaid, That no Person or Persons within this Island, from and after the Publication hereof, shall be permitted to keep any Still or Stills for distilling of Rum: None to keep a Still but Planters or Refiners. Except such Person or Persons have Land and Canes of their own, or such as keep Refining Houses. And if any other Person or Persons shall obstinately persist so to do, that than he or they shall abide, and undergo the Censure of the next Quarter-Sessions, so often as he or they offend in that kind. Given under my Hand the 29th of April, 1668. Signed, William Willoughby. Nᵒ 93. An ACT to prevent the Abuse of Lawyers, and Multiplicity of Law Suits. Repealed by Act 142. Nᵒ 94. An ACT declaring the Negro Slaves of this Island to be Real Estate. Preamble. WHereas a very considerable part of the Wealth of this Island consists in our Negro Slaves, without whose Labour and Service we should be utterly unable to manage our Plantations here, thereby relieving our own Wants, and bringing that considerable increase of Revenue, which this Place affords unto his Majesty's Coffers, as well here as in England. And whereas Some Law Suits have arisen, and other great Inconveniences have followed, where divers Persons dying Intestate, have left their Right and Interest of their Negro Slaves to be by Law disputed between their Heirs, Executors and Administrators, wherein the various Judgements or Affections of several Courts or Jurors, have sometimes found for the one, and at other times, for the other. For a full Remedy of these Inconveniences, and to the intent that the Heir and Widow, who claims Dower, may not have bore Land without Negroes to Manure the same, And also that the Condition, Right and Interest of Negroes, to all other ends and purposes whatsoever may be fully known and determined, Clause I The Deputy Governor, Council and Assembly of Representatives, being willing that all Doubts, and Ambiguities herein should be removed, and the Law in this case declared and put in a certainty, have Ordained and Enacted, And it is hereby Ordained and Enacted by the Deputy Governor, Council and Assembly, and by Authority of the same, that from, and after Publication hereof, all Negro Slaves in all Courts of Judicature and other Places within this Island, shall be held, taken and adjudged to be Estate real, and not Chattels, Negroes made real Estate. and shall descend unto the Heirs and Widow of any Person dying Intestate, according to the Manner and Customs of Lands of Inheritance held in Fee-Simple. Provided always, that no Person selling or alienating any of his or her Negroes, No need to Enrol. is hereby held or obliged to 'cause such Sale or Alienation to be enrolled, as is accustomed to be done and required by the Law of this Island, in the alienation of other real Estates: Any usage Law or Custom to the contrary notwithstanding. Provided that this Act, nor any thing therein contained, Not to extend to Merchant's Factors, etc. Importing. shall be taken and deemed to extend unto any Merchant, Factor or Agent, bringing Negro Slaves to this Island, or having the consignment of any Slaves unto them. But in all respects, they, their Executors Administrators or Assigns, may hold, possess and enjoy such Slave or Negro in such Condition, as they might have done before the making of this Act, until such Sale of such Slave or Slaves hath been made in this Island. Given under my Hand the 29th of April, 1668. Signed, William Willoughby. Nᵒ 95. An ACT for the Supply of some Words omitted in the former Act, bearing Date the 26th of April, 1667, being an Act of Subscription. Expired. Nᵒ 96. An ACT continuing the Committee for settling the Public Accounts. Expired. Nᵒ 97. An ACT for Repealing of a former Act, establishing Market-Days. Preamble. WHereas by an Act of this Island bearing Date the 9th Day of August, 1661., particular Market-Days were appointed and ordered to be kept and held in the Seaport Towns in this Island, and all Sales thereby restrained to observance of those Days, and all manner of Contracts thereby, though never so unduly made, seemingly confirmed and warranted. So that many Evils may ensue to the Inhabitants of this Island, by the Indirect Practices of many lose and wicked Persons. Clause I Be it therefore Enacted and Ordained by the Deputy-Governour, Council and Assembly, and by Authority of the same, That the said Act of the Ninth Day of August, One Thousand, Six Hundred, Sixty and One, whereby the said Set Market-Days are appointed, be, and is hereby Repealed, and made voided to all intents and purposes whatsoever; excepting only, and notwithstanding provided, that the selling of Goods attached by the Marshal of the respective Courts, upon Execution for Debt, shall be observed and kept upon the said Days and Times, as by the said Act is appointed and is directed to be observed, in the Act establishing the Courts of Common Pleas of this Island. Given under my Hand, the 29th of April, 1668. Signed, William Willoughby. Nᵒ 98. An ACT for the more speedy Recovery of the Arrears of the late Act for Labour, etc. Obsolete. Nᵒ 99 An ACT for the Rebuilding the Town of St. Michael's which was lately diminished by Fire. Repealed by Act 102. Nᵒ 100 An ACT appointing a present Accommodation for His Majesty's Soldiers in this Island. Obsolete. Nᵒ 101. An ACT appointing with what Materials the Town of St. Michael's to be Built, and a Repeal of a late Act relating thereto, made in April last. Repealed by Act 107. An ACT requiring the Execution of the former Acts, No. 102. Obsolete. For Four Pounds of Sugar per Acre, Fifteen Pounds of Sugar per Head, and Six Pounds of Sugar per Acre, and Five Pounds of Sugar per Head, and Two Pounds of Sugar per Acre. Nᵒ 103. An ACT appointing a further accommodation of the Officers and Soldiers of His Majesty's Regiment of Sir Tobias Bridges, within this Island. Expired. Nᵒ 104. An ACT appointing Fines upon such as shall refuse Military Commands for the present Service. Obsolete. Nᵒ 105. An ACT for the speedy holding a General Sessions, and Goal Delivery. Repealed by Act 300. Nᵒ 106. An ACT appointing with what Materials the Town of St. Michael's is to be built, and a Repeal of a late Act relating thereto, made in April last. Obsolete. Nᵒ 107. An ACT appointing accommodation of the Soldiers of His Majesty's Regiment of Sir Tobias Bridge, to answer His Majesty's Commands for their further stay in this Island. Expired. Nᵒ 108. An ACT for regulating and appointing the Fees of the several Offices in this Island, and other public Ministers. Preamble. WHereas several the Inhabitants of this Island have made many and grievous Complaints of the unjust Oppressions and Exactions of several Persons, under colour of their several Offices hereafter in this Act particularly expressed; By reason whereof, many of them the Inhabitants aforesaid, either not being able or willing to comply with such exorbitant and illegal Demands, have been necessitated to loose their just Rights, or to suffer great Prejudice in their Affairs and Concernments through the delay or want of such just Advantages and Securities as a due and right Performance of such Officers in their respective Offices might and ought to afford them. For Remedy whereof for the future, and to the intent all the said several Fees or Demands of the Respective Officers or Ministers due to their Offices and Employments, may be made certain, or certainly known, and all Delays and Exactions, and unlawful Demands by them be prevented and punished. The Representatives of this Island now assembled, do desire, that it may be Enacted, Clause I And it be Ordained, Established and Enacted by his Excellency, William Lord Willoughby of Parham, Captain General and Governor in Chief of this and the rest of the Charibbee-Islands, his Council and Assembly of Representatives of this Island, and by authority of the same, That none of the Officers or other Persons, that now do, or hereafter shall belong to, or officiate in any of the Offices or Employments hereafter named and expressed, either by themselves, Deputies, or Clerks or Servants, shall after Publication hereof, neglect, refuse or delay, to give due dispatch to all Persons as aforesaid, or receive or take directly or indirectly, either by way of Expedition Money, or any other Extortion, any other Fee or Fees for any Business hereafter nominated, than is for the same in their particular List hereafter expressed, Extorter of Fees, forfeits 5000 Pound of Sugar. under Penalty of forfeiting and paying Five Thousand Pounds of Sugar, the one Moiety thereof to be paid to the public Treasurer for the time being, and for the use of this Island, and the other Moiety to him or them that shall inform or sue for the same in any Court of Common-Pleas within this Island. And the Party grieved, left to his Action at the Common Law, to recover his Damage on such Officer or Officers for such his Offence. Officer offending, to loose his Place, and Three months' Imprisonment. And the said Officers shall further loose his or their Office or Offices, Employment or Employments, and be committed to the Common Goal, without Bail or Mainprize, for the space of Three Months, and the same to be immediately executed upon him or them, upon his or their Conviction by the Oaths of Two credible Witnesses, Two Witnesses. or Confession of the Party Accused, before the Governor or any Justice of the Peace. Convict before any one Justice. And the said Justice of the Peace is hereby impowered and required to execute the same. And to the intent all due order may herein be taken and observed, and that the Inhabitants of this Island may not be ignorant thereof, Clause TWO It is further Enacted and Ordained by the Authority aforesaid, That the respective Officers belonging to the Offices hereafter named, do forthwith after Publication hereof, cause their Fees with the Prices thereof, according as they are to this Act annexed and set down, to be fairly Ingrossed and set up in a public Place, where their Offices are kept, Table of Fees in all Offices. and the business belonging to the said Offices is done, and not be from thence at such times, 1000 Pound of Sugar Forfeit, for not having the Table of Fees up. under the Penalty of forfeiting and paying One Thousand Pounds of Muscovadoe Sugar, for every such Default: The one Moiety to be to the Treasurer for the time being, for the Receipt of the Excise on Liquors, and for the use of this Island, and the other Moiety to him or them, that shall inform or sue for the same in any Court of Common Pleas, within this Island. Clause III And it is further Enacted by the Authority aforesaid, That the said Fees shall be paid in Sugar, or else in Money, at Three Half Pence per Pound, at the choice of the Payer. And upon tender of Sugar to any Officer for the Fees aforesaid, the said Officer is hereby required without delay to receive the same accordingly. Or if any Question arise concerning the goodness of the Sugar, Than the Officer is hereby further required to accompany the Person, that hath made tender of the same, to the next Justice of the Peace, who is also hereby required to Value the same, and certify the Value thereof under his Hand; at which Rate or Value, the Officer aforesaid under the Penalty aforesaid, shall accept thereof. Given under my Hand the 9th Day of November, 1668. Signed, William Willoughby. The PROVOST MARSHALS Fees. lb. Sugar. For Commitment and Release of a Gentleman 40 For his Fees as Quarter Sessions. For his Diet and Accommodation, if he Diet not himself, Twenty Pounds of Sugar per Day 20 For Commitment and Release of an Ordinary Person 20 For his Diet and Accommodation, if he finds not himself, Four Pounds of Sugar per Day, the Provisions for him to be Bonavis, Potatoes, or Bread and Water, of each sufficient, the Justices of the Town and Parish of St. Michael's, shall be from time to time Judges of what is sufficient. 04 For Imprisonment nothing, because the Prison is to be maintained by His Majesty For a Warrant of Arrest at the Bridge, or elsewhere in this Island 40 Vide Act for Marshals of Courts. For every Man bound to the Peace and good Behaviour, and called at Sessions on Indictment, or otherways 20 For an Arrest on Board any Ship, besides Twenty Pounds of Sugar for Boat-hire 50 For every Warrant of Possession which is directed to the Provost Marshal, he serving of which, is therefore to have 250 For Summoning a Special Jury, and Attendance thereon 500 For an Habeas Corpus, and Attendance in the Town of St. Michael's, Thirty Pound of Sugar per Day; at any other Place out of St. Michael's Town, Forty Pound of Sugar per Day For Diet of a Negro, Four Pound of Sugar each Negro per Day 4 For Serving all Executions, as the Marshals of the Common Pleas The CLERK of the PEACE his Fees. For every Person quit by Proclamation, being adjudged innocent, or after Punishment either at the Grand, or Quarter Sessions 80 For every Summons to answer, or at Suit of the Party upon Travers 10 For every Recognizance Drawing 20 For Travers in Trespass in force 80 For every Warrant of the Peace 8 For every Certiorari 80 For every Order of Sessions 40 For every Writ of Restitution 80 For a Copy of an Indictment 40 For every Supersedeas 20 For every Licence for Drink annually 20 For every Recognizance for the same 10 For every Indictment for Riot, etc. before private Justice 500 For Recording every Indenture 20 For every Contempt 20 The CORONERS Fees. Five Hundred Pounds of Muscovadoe Sugar, or Money to the value in Sugar, at 12 s. 6 d. per Cent. But if the Party be a Servant, or one that dieth upon the Account of the Parish, the Fees to be no more than is established by an Act of this Island for Regulating Servants The CLERKS of the CHANCERY, and EXAMINER'S Fees. lb. Sugar. For receiving and engrossing a Bill of Complaint, Four Pounds of Sugar for every Sheet, each Sheet one with another, to comprehend Sixteen Lines, and Eight Words in a Line one with another The like for Answers and Demurrers The like for Replications The like for Rejoinders For every sort of Subpoena 20 For entering the Oath that the Subpoena is served 4 For a Warrant of Contempt, where the Defendant appears not 20 For a Proclamation of Allegiance 20 For a Commission of Rebellion 100 For entering a Rule, or Order of Court 3 For entering the Defendant's Oath for the truth of this Bill 3 For a Commission to take the Answer in the Country 60 For a Bill of Cost, and entering of it 12 For a Commission to examine Witnesses in the Country, when by reason of Sickness they cannot appear in Court 60 For drawing any Order of the Court, and engrossing of it 30 For all Copies of Depositions, Bills, Replications, Rejoinders Decrees and Orders of Court, etc. Four Pound of Sugar per Sheet, as in Original Bills and Answers, each Sheet to contain as aforesaid For an Injunction 40 For issuing Executions on Decrees 80 The SERGEANT at ARMS his Fees. For serving a Subpoena, and making a Return thereof 20 For serving and returning an Injunction 20 For serving an Attachment 20 For Committment and Releases 40 For Diet and Accommodation, Twenty Pounds of Sugar per Day 20 For an Habeas Corpus, if in the Town of St. Michael's, Thirty Pounds of Sugar per Day; if elsewhere, Forty Pound of Sugar per Day For serving a Decree, as the Marshal at the Common Law Fees to the ORDINARY and his REGISTER. lb. Sugar. For proving the Will before the Governor as Ordinary 40 For an Order from the Governor, for Letters of Administration 40 Fees allowed the GOVERNOVR's CLERKS in the NAVAL OFFICE, or in any other Capacity. s. d. For Recording a Certificate, that the Master hath given Bond in England 1 6 For a Bond here to Land Goods in England according to the Act 2 6 For a Certificate to the Fort that the Ship is Discharged 1 6 For a Warrant of Arrest and the Bond 5 0 For an Order upon a Petition 1 0 Fees taken by any Sworn SURVEYORS. For every Day he is employed in measuring of Land, if he give a Plot thereof, One Hundred Pounds of Sugar. JUSTICE of PEACE CLERK's Fees. For a Warrant 0 6 For Recording of an Order 0 6 For a Copy of an Order 0 6 For an Execution 1 0 For a Warrant of Contempt 1 0 For a Recognizance 1 0 For a Discharge of a Recognizance 1 0 Nᵒ 109. An ACT for the assuring the Satisfaction of what Disburstments His Excellency William Lord Willoughby of Parham, Captain General, and Chief Governor of this and all other the Charibbee-Islands, hath been out for this Country. Obsolete. Nᵒ 110. An ACT appointing a Committee for Settling the public Accounts of this Island. Repealed by several after Acts. Nᵒ 111. An ACT for the advancing and raising the Value of Pieces of Eighty, etc. Preamble. WHereas it hath been found by long Experience, that the great want of Money is very prejudicial to this Island, in the carrying on the common Trade and Commerce thereof; and that so great a want hath been principally occasioned, for that Pieces of Eight have not been fully estimated, but permitted to pass here from Man to Man at too mean Rates; whereupon very much Coin hath been exported to Foreign Nations: For Prevention whereof for the future, Clause I Be it Ordained and Enacted, and it is Ordained and Enacted by his Excellency, William Lord Willoughby of Parham, Captain General and chief Governor of this and the rest of the Charibbee-Islands, the Council and Assembly, and by Authority of the same; Pieces of Eight to pass at Five Shillings. that from and after Publication hereof, all Pieces of Eight, Sevil, Mexicoe and Pillar Pieces, shall be esteemed, valued, and past Current in Payment between all Persons within this Island, at the Rate of Five Shillings per Piece Current Money of England, and that all and every the Half and Quarter Pieces, and Royals of the said Coin, and single Royals of all sorts of Spanish Coin in like proportion; any Statute, Law, Ordinance or Provision heretofore made to the contrary notwithstanding. Clause TWO And it is hereby further Enacted and Ordained by the Authority aforesaid, That what Person or Persons soever, shall from, and after Publication of this Act, deny or refuse, The Penalty on refusing to take them at the Rate. to take and receive the aforesaid Coin, in payment at the Rates aforesaid, shall upon Conviction thereof, made before any of his Majesty's next Justices of the Peace, be bound to his, or their good Behaviour, till the General Sessions next ensuing such Conviction, than, and there to answer for such, his or their Contempt by Indictment or otherwise, as the Court at their Discretion shall think fit. Given under my Hand, the 14th of November, 1668. Signed, William Willoughby. Nᵒ 112. An ACT appointing a further accommodation of the Soldiers of His Majesty, in the Regiment of Sir Tobias Bridge, to answer His Majesty's Commands for their future stay in this Island. 〈◊〉 Nᵒ 113. An ACT for the Continuation of the Excise on all Strong Liquors imported this Island for One Year. Expired. Nᵒ 114. An ACT prohibiting Wandering Persons from carrying of Goods and Wares in Packs or otherwise, from House to House in this Island. Preamble. FOrasmuch as the extravagant Wandering of several Persons with their Packs of Wares in and about this Island from House to House, there to make Sale of the same, hath been found to be very prejudicial to the Inhabitants thereof, not only for that such Toleration is contrary to the wholesome Laws of England, which strictly prohibit all such Pedlars as Vagabonds, But for that it doth also occasion and created many great Mischiefs to this Place, by reason of the continual underhand dealing of such Persons every where with Servants and Negroes; Whereby they drive on most part of their Trade by trucking for Stolen Goods, to no small Damage of honest and industrious Planters, who may from time to time Supply himself with all sorts of Commodities at cheaper Rates from the Merchant, at the several Towns and Storehouses within this Island. Clause I Be it therefore Ordained and Enacted by the Deputy Governor, Council and Assembly, and Authority of the same, that all such Persons, Stone to carry Packs from House to House, Forfeits such Wares. as shall presume so to Travel, Wander, or go from House to House in this Island with such Packs or Wares to cell, to any Inhabitants, Servants or Slaves whatsoever, shall forfeit his or their Wares and Commodities whatsoever, so carried as aforesaid. And that it shall and may be lawful for any Person whatsoever, to apprehended and take such Person and Persons so Wandering, Travelling and carrying Goods in manner aforesaid, and him or them to carry before the next Justice of the Peace, to examine the same. And if upon his Examination, he shall found the Person or Persons so brought before him, to be Offenders against this Act, Any Justice may examine and divide the Wares. That than it shall and may be Lawful for such Justice of the Peace, to divide all and every the said Goods and Wares so carried as aforesaid, according to the best of his Judgement, and the one half to give and deliver to such Person or Persons, Half to the Informer, half to the Poor. that shall apprehended such Person or Persons, so offending as aforesaid, and the other half forthwith to deliver over to the Overseers of the poor of that Parish, where the Person or Persons so offending, shall be Apprehended, Seized or Taken, the same to be to the use of the Poor of the said Parish, who is to give an exact Account thereof to the Vestry of each such Parish. Clause TWO Provided always, Growth of this Island excepted. that no Persons shall be deemed to be Offenders against this Act, for carrying any the growth of this Island. This Act to take force Ten Days after Publication hereof, and not sooner. Given under my Hand, the 19th of February, 1668. Signed, Christopher Coddrington. Nᵒ 115. An ACT to prevent taking away Sand and Stones from the Shoar. Expired. Nᵒ 116. An ACT for Repeal of the Clause hereafter mentioned and contained in an Act lately made and dated the 29th of April, 1668; Entitled, An ACT reducing Interest to Ten Pounds of Sugar, for One Hundred Pounds of Sugar for One Year. Preamble. WHereas by an Act of this Island bearing Date the 29th of April, One Thousand, Six Hundred, Sixty Eight, Entitled, An Act for Reduceing the Interest to Ten, for One Hundred in One Year, It is in a latter Clause in the said Act, Declared and Enacted, that whatsoever Recoveries shall hereafter be obtained in any the Courts of this Island, of Moneys that were Payable in England, and became due by reason of any Contract made after the Publication of the said Act; such Money-Debts should be here satisfied by Muscovadoe Sugar, at Two Pence per Pound; or whatever else should be Attached where no Muscovadoe Sugar could be found, should be Appraised into Muscovadoe Sugar; and if the Recovery be on Bills of Exchange, Twenty per Cent. to be added. And whereas it is found by experience, That the Consequence thereof tends to the impairing of the Credit and Trade of this Island; Clause I Be it therefore Enacted by the Deputy-Governour, Council and Assembly, and by the Authority of the same, That the said last Clause in the said Act, Entitled, An Act for the Reducing the Interest to Ten, for One Hundred in One Year, and every thing therein contained, as is here before recited, shall be, and is hereby from henceforth Repealed, Annulled and made voided, to all Intents and Purposes whatsoever. Clause TWO And be it further Enacted by the Authority aforesaid, That from henceforth, upon the Protest of a Bill or Bills of Exchange here produced sor ve for, Ten per Cent. and no more, shall be taken or allowed; and so in proportion for a greater or lesser Sum, for the Damage and Interest, for the Value of the Bill so Protested as aforesaid. Given under my Hand the 19th of February, 1668. Signed, Christopher Coddrington. Nᵒ 117. a ACT impowering the Freeholders' of St. James and Christ-Church, to meet and choose a Vestry of Freeholders' in the said Parishes. Obsolete. Nᵒ 118. Repealed by several after Acts. An Additional ACT to the Acts of the Militia now in force in this Island. Nᵒ 119. By the Deputy Governor, Council and Assembly: An ACT concerning the Excise. Expired. Nᵒ 120. a ACT impowering Mr. Thomas Pargitor to receive from the People of the Jews Nation in this Island, what remains due of their Contribution towards the Defraying of the Discharge of the Disbursements made by the said Pargitor, for his Excellency Francis Lord Willoughby's Expedition against His Majesty's Enemies, at the Leeward Islands. Expired. Nᵒ 121. Repealed by Act 128, which is become Obsolete. An ACT to prohibit the bringing of Heading and Timber from Surinam. Nᵒ 122. An Additional ACT concerning the Conveyance of Estates. WHereas by an Act of this Island made the Eleventh Day of September, One Thousand, Six Hundred, Forty and Nine, Entitled An Act concerning the Conveyance of Estates; the Preamble whereof run in these following Words. Clause I For that the King's Writs do not run here, whereby Fines and Recoveries cannot be here had and levied as in England, and yet here is as much and more use and need of them: Recital of a former Act. For that few Men come to this Island with intention to settle themselves and Posterities: But for the most part to gain and increase their Estates, and than to cell their Lands and Return, which oftentimes cannot well be done, nor with Security to the Purchaser, for want of such Fines and Recoveries without some Act be made to supply the same, etc. It was Enacted, That a Deed in due form of Law made and within Three Months of the Date thereof, acknowledged before the Resident Governor for the time being, or before some one of the chief Judges of one of the Courts of Justice within this Island, by all the Parties that grant or pass away any Lease for above the Term of Three Years, or any or Inheritance by such Deed, or by so many of them as shall be living, of by any other Person or Persons lawfully authorised under Hand and Seal, to convey and grant the same; (So the same be recorded at length in the Secretary's Office of this Island, within the said Three Months) shall be valid, to pass the same without Livery, Attornment, or any other Act or Ceremony whatsoever. And that no Deed hereafter without such Acknowledgement and enrolment shall pass any Estate of Freehold or Inheritance, or any Lease above the number of Three Years. Which before recited Clause, as well Negative as Affirmative, was on the Seventh of October, One Thousand, Six Hundred, Fifty and Two, Repealed and Supplied by one Act, containing as followeth. Clause TWO That no Deed shall be sufficient in Law to bar a real Purchaser, to pass any Estate of Land, Deeds to be acknowledged before the Governor, or one of the Judges. unless the same be acknowledged before the Governor, or One of the chief Judges of One of the Courts within this Island, and enrolled at length in the Secretary's Office, within Three Months of the Date and Delivery thereof. And in case the Grantor shall refuse, or doth not on Summons, appear to acknowledge the same, Than upon Proof made by any of the Witnesses, before such Governor or Judge, that the said Deed was duly sealed and delivered within the said time, shall be sufficient for Recording the same. Which said Act made in Anno One Thousand, Six Hundred, Fifty and Two, not being made under Kingly Authority, became voided immediately on his Majesty's happy Restoration; And thereby the former revived, yet so unobserved not only by the general Body of the Inhabitants of this Place, but even by the Ministers and Courts of Justice, that the apprehension, use and practice settled by the said Act, in One Thousand, Six Hundred, Fifty and Two, hath continued even to this present Day. By which Misapprehension, and yet Re-establishment of the afore recited Clause of that Act made in Anno One Thousand, Six Hundred Forty and Nine, without due Provision, would occasion many and great Inconveniences to the Inhabitants of this Place. 〈…〉 Acts, 〈◊〉 1652. The Representatives of the Inhabitants of His Majesty's Island, do therefore desire, that it may be Declared and Enacted; Clause III And it is hereby Enacted and Declared, by the Deputy Governor, Council and Assembly and by Authority of the same; That no Deed made since the Eleventh of September, One Thousand, Six Hundred, Forty and Nine, or that hereafter shall be made, shall be sufficient in Law to bar a real Purchaser: Unless it be acknowledged and proved before the Resident Governor or chief Judge of One of His Majesty's Courts of Common-Pleas within this Island, for the time being, and recorded at length in the Secretary's Office of this Island within Three Months after the Ensealing and Delivery thereof: In case the said Purchaser be ignorant of any former conveyance thereof. But in case any Person hath, Exception to acknowledgement. or shall purchase any Plantation or Land, that he knoweth already Sold, to, and by Deed, or Deeds conveyed to another; Notwithstanding the said Deed, whereby it is conveyed to the first Purchaser, be through Ignorance Mishap or Negligence, not duly acknowledged, proved or recorded as aforesaid, Such former Deed though defective as aforesaid, shall stand good to bar the latter Purchaser, notwithstanding the aforesaid Defect; it being the sole true and intent and meaning of this present Act, and was also of the afore recited Clause of that Act made in Anno One Thousand, Six Hundred, Forty and Nine, as by the afore-recited Preamble appears, notwithstanding the latter Negative part of the said Clause seem to the contrary. 〈…〉. Eng●●●● That a real Purchaser not informed of any former Sale, either by the Records whereof he must not be ignorant, or otherwise of his own knowledge or good information, should be as well secured in his Purchase of Lands here by Deed fitly made, and duly acknowledged or proved and recorded, as by Fine and Recovery he might of Lands in England, in which Sense and no other, was the aforesaid Clause intended. Clause IV And it is hereby Enacted and Ordained by the Authority aforesaid, That no other Sense or Interpretation ought to be, or shall be given of the afore recited Clause of the said Act made in Anno One Thousand, Six Hundred, Forty and Nine, or any part of the said Clause, either Affirmative or Negative, any Words or Expressions seeming or being to the contrary thereof notwithstanding. Given under my Hand the 24th Day of May, 1669. Signed, Christopher Coddrington. Nᵒ 123. Since Repealed by an Act lately made. An ACT appointing an Impost of Powder on the Tonnage of all Ships trading to this Island. Nᵒ 124. An ACT for the more advantageous hanging of Coppers and Stills. Expired. Nᵒ 125. An ACT appointing a Committee for settling all Public Accounts of this Island, and receiving and paying all its just Credits and Debts. Expired. Nᵒ 126. An ACT for the continuation of the Excise on all Strong Liquors imported this Island for Six months' next coming. Expired. Nᵒ 127. An ACT about Surinam. Another Act after made for Repeal, and is Obsolete. Obsolete. N 128. An ACT appointing Bench Actions, and the manner of proceeding therein. Preamble. FOrasmuch as daily Experience doth manifest the several Inconveniences which befall both Plaintiff and Defendant, especially the poorer sort of this Island, for want of Trial of small Actions by the Bench, as hath been heretofore accustomed. The Deputy Governor, Council and Assembly, desiring to put a Remedy to the same, have Enacted and Ordained, Clause I And it is hereby Enacted and Ordained by the said Deputy Governor, Council and Assembly, and the Authority of the same, That from and after the Date hereof, all and every Person and Persons suing in any Court of Common Pleas in this Island, for any Sum or Sums not exceeding One Thousand Pounds of Sugar, 1000 lb. Sugar, 500 lb. Cotton, 8 l. Sterl. to be Bench Action. or Five Hundred Pounds of Cotton, or not above Eight Pounds Sterling, whether by Bill, Accounted or otherwise, are to File their Actions with the Clerks of the respective Courts of Common Pleas, in as short a Method and Form as may be, The Form of such Action. setting forth the Sum or Sums due, and to carry the said Clerk a Copy thereof, who is to attest the same, and to deliver the Copy thereof so attested to the Plaintiff or Plaintiffs, together with a Warrant accustomed. For which Filing, Attesting and Warrant, Clerk to be paid 8 s. for the Envy. he is to receive Two Shillings and not more; which Warrant and Declaration being carried to the Marshal of the said Court, he by himself or Deputy is to give Summons to the Defendant or Defendants in the Precincts to the said Court belonging in such manner, and within such time, and with such return of the said Summons, as is appointed by the Act of Judicial Proceed, and as it is to all other Actions now accustomed and appointed. For which he is to receive for his Fee one Shilling Sterling, and not more; Marshal 1 s. And that as well the Plaintiffs as Defendants in such Action need not appear till the Third Court following such Entry and Summons. Appear the 3d Court. And at the said Third Court, the Debt or Debts in Question are than to be heard and examined by one or more Justices of the said Court, One or more Justices to hear and determine. and by him or them to be ascertained, who are to make and enter an Order upon the said Hearing, what is justly due, that Execution may issue thereon for the same; And that than the like Proceed may than after be had as in other Cases. But if at the Third Court, the matter cannot be clearly decided, and the Debt not ascertained, as that the Defendant will pled thereto, and have the same tried by a Jury, Than that the same be done at the said Third Court, without sufficient Matter showed to the Court, to give further time, and to give and allow all Charges against the Defendant in such Cases, All Charges against the Defendant. as is accustomed in other Actions. But where the Matter is decided by the Bench, than no Charge to be allowed for Attorneys Fees on either side, but the Fees aforesaid for the Entry and the Marshal's Summons. And if the Defendant appears not at the said Third Court being called, Condemned 3d Court. Than that he be condemned by Nihil dicit, and Execution to issue thereon accordingly. And for the Entry of the Order or Sentence so made by the Bench as aforesaid, the Clerk to receive one Shilling Sterling and not more; Order or Sentence to pay 1 s. and that the Clerks of the respective Courts keep a Book for such Entry and Record, and make plain and fair Entries in such Cases; any thing contained in any Law to the contrary notwithstanding. Given under my Hand the 22d of December, 1669. Signed, Christopher Coddrington. Nᵒ 129. An ACT concerning Spanish Money. WHereas Information is given unto us, that there are several corrupt and exceeding light Pieces of Eight lately sent to this Island by some Persons designing their own Profit and Advantage, though with the great Damage and Ruin of the Prosperity and Welfare of this Island. Clause I Be it therefore Enacted and Ordained by the Deputy Governor, Council and Assembly, and by Authority of the same, That whatsoever Merchant, Factor or other Person, that now hath or hereafter shall have any such Pieces of Eight, Half Pieces, Quarter Pieces, or single Royals consigned unto him from England or elsewhere, Pieces of Eight light or Base, not to be disposed of. lesle in weight, or of a base Alloy than is usual, and shall directly or indirectly any way disperse them Abroad, either by offering them in Payment, or to cell unto other Persons: He or they so offending, shall forfeit the said Coin to the Public, Forfeit. and suffer Imprisonment by Warrant from the Governor, in the common Goal for the full space of Six months' next ensuing after such Committment. Six months' Imprisonment. Clause TWO And be it further Enacted and Ordained by the Authority aforesaid, That if any such Persons have already paid, or otherwise disposed of any such Coin, Penalty. they shall under the Penalty aforesaid, accept and receive the same back again, returning Satisfaction for them; the Party making Oath, if it be required, that they were the same Coin he received from the other. Given under my Hand, the 22d of December, 1669. Signed, Christopher Coddrington. Nᵒ 130. An Additional ACT relating to the Militia. Repealed. Nᵒ 131. An ACT appointing Overseers of Plantations, to officiate and act as Surveyors of the Highways and Constables. Preamble. FOrasmuch as several of the most eminent Plantations in most Parishes of this Island do little or no Parochial Duties, by reason the respective Owners of such Plantations have removed themselves to England or elsewhere, and in their Place and stead have left their particular Attorneys, Agents and Overseers, to manage their Estates for them in their Absence, Whereby the Country hath not only a far lesle Choice of able Men to officiate in the highest Places of Trust, But the burden likewise of inferior Officers doth thereby lie more heavy upon the Poorer sort of People. To the intent therefore that each Plantation may bear (so far as is possible) its equal Share in the performance of such Duties; Clause I Be it Ordained and Enacted, and it is hereby Ordained and Enacted by the Deputy Governor, Council and Assembly, and by Authority of the same, that it shall and may be Lawful, to, Justices at Quarter Sessions, or Vestry-Men to Elect. and for the Justices of the Peace at their Quarter Sessions or Vestries of each Parish within this Island, as in other cases hath been accustomed at their Election of Officers, to nominate, constitute and appoint, as to their discretion shall seem most meet, any chief Overseer or Overseers, Attorney or Agent living upon any of the said Plantation or Plantations within this Island, containing Threescore Acres of Land or more, Plantation ●● Acres. and whose Owner or Owners at such time or times of Election of Officers shall not be resident within this Island, to serve as Surveyors of the Highways, or as Constables; any Law, Usage or Custom heretofore to the contrary notwithstanding. Clause TWO And it is further Enacted and Ordained by the Authority aforesaid, That in case any Overseer, Attorney or Agent as aforesaid, so elected and chosen to serve as Surveyor or Constable as aforesaid, shall after due notice given, neglect or refuse to be Sworn, and officiate either by himself or approved Deputy, at the charge of the Plantation in his respective Office, Refusing to Serve, forfeits 2000 lb. Sugar. That than every such Overseer shall out of his proper Estate, forfeit Two Thousand Pounds of Muscovadoe Sugar for such his Offence, the same to be levied by way of Distress, Levied by Distress. by Warrant or Precept under the Hand of any Justice of the Peace within such Parish where such Offence is committed. And in case no Estate of such Overseer, Attorney or Agent so offending (as aforesaid) to that Value can be found, Than the said Justice of the Peace is hereby impowered and required to commit to Goal every such Person so offending, Imprisonment till Payment or Performance. till he shall pay the same, or perform his Duty herein required. All which Forfeitures are hereby appointed to be employed and laid out, in, and toward the Maintenance of the Poor of each respective Parish where such Offence shall be committed. Given under my Hand the 23d of December, 1669. Signed, Christopher Coddrington. Nᵒ 132. An ACT for the Settlement of the Government of this Island. Expired. Nᵒ 133. By the Deputy Governor, Council and Assembly concerning the Excise. Expired. Nᵒ 134. An Additional ACT to the ACT Entitled, An ACT appointing a Committee for settling Public Accounts of this Island, and receiving and paying all its just Credits and Debts. Expired. Nᵒ 135. An ACT for Continuance of the Excise. Expired. Nᵒ 136. An Additional ACT for the further Continuance of the Authority of the Commissioners for the Public Revenue of this Island. Expired. Nᵒ 137. An Additional ACT to the ACT concerning the Conveyance of Estates. Preamble. FOrasmuch as by a good, wholesome and beneficial Law of this Island bearing Date the Eleventh Day of September, in the Year of our Lord, One Thousand, Six Hundred, Forty Nine, Entitled, An Act concerning the Conveyance of Estates, and by the Addition thereunto made, the One and Twentieth Day of September, in the Year of our Lord, One Thousand, Six Hundred, Sixty and One, generally called, the Act of Non-claim; Amongst other things therein contained, is limited and appointed the certain Times wherein Persons are to make their Claims to Lands and Tenements in this Island. But for that it is not therein ascertained and appointed in what manner, or how such Claims are to be made to Lands and Tenements, So that the Judges of the Courts of Common Pleas are left to their own Judgements and Opinions, what is, or may be a Claim in such Cases. Whereby great Hurts may redound to the Inhabitants, Possessors of Lands and Tenements, in case the Judges of the several Courts of Law should differ or vary in Judgement, in the manner of Claim, or allow of any other Claim, than is hereafter mentioned and declared. And to the intent that the same may be ascertained, and the Possessors of Lands and Tenements assured how and in what manner Persons having or laying Claim to any Lands or Tenements in their Possessions; And also all Persons having Right or Title to Lands or Tenements, may know how to claim or demand their Right in such Cases, and that the Judges of the respective Courts of Common Pleas for the future may not vary herein, Clause I The Deputy Governor, Council and Assembly, have thought fit to declare, and they do hereby show and declare, That all manner of Persons whatsoever that are concerned to make Claim to any Lands or Tenements within this Island, so as to make their Claim effectual, Claim saved by Action entered, and not otherwise. are to make claim by their Action at Law duly entered in the Offices of the Courts where the Lands or Tenements are, according to the Forms, Practice and Rules of the said Courts: To which Action, the Tenants or Person in Possession, are to receive Summons from the said Court. And that all Judges and Courts of common Pleas do allow of no other Claim to Lands or Tenements, for any Persons, Judges and Courts to admit of no other Claims. Plaintiffs in any Suit or Suits before them than what is to be made by their Action on Record and Summons given in manner aforesaid, and not otherwise; Any Law, Usage, Custom or Practice to the contrary notwithstanding. And whereas Persons having or pretending Rights and Titles to Lands and Tenements in the possession of others, having once made their Claim within the times limited and appointed in the said Act, may for ever than after keep their Pretence of Right or Title to the same, by bringing their Action or Actions by way of Claim at Law once in Five Years, and so again in Five Years after, and so vex and trouble the Persons in Possession in such manner for ever. Clause TWO The Deputy Governor, Council and Assembly, for prevention and removal of so great an Inconveniency, do therefore Declare and Enact, And it is hereby Declared and Enacted, That all Persons whatsoever, that shall hereafter make their Claim to any Lands and Tenements within the time limited in the said Act; Do by the said Action, To bring Action in Five Years to Trial. or by some other Action (if brought in the Five Years than next after, (bring the same to trial, That Trial to be definitive, and a Bar. and the same Trial to be conclusive and definitive on the Plaintiffs part for ever, and never to bring any Action than after for the same, but to be for ever barred; any Law, Usage, Custom or Practice to the contrary notwithstanding. Preamble. And forasmuch as the Deputy Governor, Council and Assembly, having duly consulted the said Act, and the said Addition thereto, do found, that the said Act, being pleaded in Bar by the Possessors of Lands or Tenements against Persons who have not made their Claim within the time limited therein, such Persons so neglecting their Claim become utterly barred, But doth not provide, that all manner of Persons whatsoever, that shall at any time Claim under such Person or Persons who have lost their Claim, shall be in like manner barred by the said Act if pleaded; Nor that the said Act, or such parts thereof, as concern the matter aforesaid, can be given in Evidence to a Jury upon trial of any such Matter or Right to the Lands or Tenements in question between Party and Party; Which if it had Provided and Enacted, would have been and hereafter would be much to the quiet of the Inhabitants of this Island. And to the intent and on purpose, that such quiet may hereafter be to the said Inhabitants, Clause III It is Ordained and Enacted by the Deputy Governor, Council and Assembly, and by the Authority of the same, That in all such cases, where any Person or Persons whatsoever have lost their Claim to any Lands or Tenements in this Island, He who claims under any one barred, is also barred. That all Persons whatsoever Claiming under any such Person, who have so lost their Claim, shall be utterly barred to all intents and purposes whatsoever; the same to be duly pleaded in Bar, Act of Non-claim to be pleaded, or given in Evidence. or given in Evidence to a Jury upon the Trayal of any such Right; And that the said Act and Addition thereto, or such Clause or Clauses in them, or either of them, as relate to the matter aforesaid, shall be given in Evidence to a Jury upon trial as aforesaid, And that all Judges and Courts of the Common Pleas upon such Trials, Judges to allow it. accept the same as Evidence so far as the same shall concern the said matter in difference. And whereas it is provided in the said Act, that where a Man and his Wife in this Island, are willing to Alien and cell Lands, which is held in right of the Wife, they appearing before any chief Judge, and acknowledging their Deed, mentioning the same, with intent to pass away the Land, and duly Recorded in the public Register, shall be effectual to convey the same, as if it had been done in England, by Fine and Recovery: But provideth not, where any Man and his Wife so having Lands in this Island, living in any parts remote, may by any way Convey the same. Clause IV Therefore the Deputy Governor, Council and Assembly, do hereby Enact and Ordain, Man and Wife of full Age, or Feme Sole, to alien Lands here, whilst in Parts beyond the Seas. And it is hereby Ordained and Enacted, That if any Man and his Wife of full Age, or Woman Sole by their Deed of Sale, or any other Instrument sufficient to that intent, if resideing, in England, Scotland or Ireland, or any other His Majesty's Dominions, shall appear before any of His Majesty's Judges of any Court of Law, or Mayor of any City or Corporation, or before the chief Governor of any Island or Place where they live and inhabit, and shall acknowledge the same; in which Acknowledgement the Woman do declare her voluntary and free Consent, without Threats or Force of her Husband; and the same shall be so sent over, and truly certified under the Seal of the Judge, Mayor, Corporation or Governor, to this Island, and Recorded here at length in the Secretary's Office, within Twelve Months than next after such Acknowledgement, shall be as effectual to convey the Land therein contained, as if the same had been done in this Island, according as in the said Act is provided; any Law, Usage or Custom to the contrary notwithstanding. Given under my Hand, the 11th Day of August, 1670. Signed, Christopher Coddrington. An ACT to give encouragement to all Persons to bring Servants to this Island. Nᵒ 138. Expired by the Commission. Nᵒ 139. An ACT to prevent Spiriting People of this Island. Preamble. FOrasmuch as several ill disposed People lately gone of this Island, and others yet remaining, have and do by evil Practices, Insinuations and Devices, to and with many Freemen, whose times of Service have been lately expired, as also other Artificers and small Setlers in this Island, enticed, spirited and carried many such hence to other Settlements, by taking them obliged Servants to serve from their Arrival for time, for their bore Transportation, or other small Considerations, promising them great Quantities of Land and other Benefits in such Remote Parts, when as they are not sooner arrived, but are sold and hurried from Place to Place, and become in no other Quality, or little better than Slaves, being utterly deceived and ruined, and their honest Expectations altogether frustrate, grounded on Promises tending to their Benefit, when as they become Merchandise after long Service already performed; notwithstanding they may have here a comfortable Living and Gain for easy Labour. For the Preventing of such evil Practices for the future, Clause I The Deputy Governor, Council and Representatives of this Island now assembled, do therefore Ordain and Enact, And it is hereby Ordained and Enacted, That whatsoever Person or Persons shall after Publication hereof, bargain, contract or agreed, to carry of this Island, any Person or Persons, to serve for time, be it long, or be it short, None to carry of for Service. in any Place whatsoever for his, her, or their Passage or Transportation or for Debt or Pretence thereof, designing to evade the Penalty hereafter mentioned, wherein any time of Service is to be given as recompense, For every Person so contracted with, he shall be deemed a Transgressor of this Law; and every such Contract or Agreement utterly voided. Contract voided. And for every such Offence or Breach, shall forfeit and pay the Sum of Four Thousand Pounds of Muscovadoe Sugar; Forfeits 4000 lb. Sugar. the one half to him that shall inform for the same, the other half to the use of this Island, to be recovered by Action of Debt, Bill, Plaint or Information, the next Court after the Entry of such Bill, Plaint or Information, Tried the 1st Court. if the said Informer desire the same. Provided always, and it shall be lawful for any Persons going of with a Family, or sending to any other Settlement in his own Right and Interest, to sand of any Person thither, not Servant to another, nor himself without the Servants own Consent, having first observed the Rule and Practice of Persons going hence, having a Ticket as is accustomed, so as none be sent of as aforesaid for their Passage or any small Debt, wherein Service in another Place is contracted for, or to be the Recompense. Clause TWO And it is further Enacted, That whosoever shall by himself or any other, sand of this Island any Person that hath Wife or Children, and leave his said Wife or Children behind him, who may become chargeable to the Parish where they live, That such Person or Persons so offending, shall be obliged to keep and maintain them at his or their proper Charge, Who transports a Man from his Wife and Children, to maintain them. Or pay a Fine set by the Vestry. or else be liable to such Fine or Mulct, as shall be imposed by the Vestry of the Parish where they did than reside. Which Vestry is hereby impowered to appoint the said Fine, and to proceed for the same, as in case of Servants Wages: The Fine to be appointed, to be for the use of the Poor of the said Parish. And in case any Person or Persons whatsoever, shall at any time hereafter, have a Ticket from the Secretary's Office in this Island, to departed hence in any Ship or Vessel, and shall afterwards deliver over the said Ticket to any other, whereby such Person is carried of, when he is not really the same therein named; By means whereof, great Deceits and Damages oftentimes hap to the Inhabitants of this Island. Clause III It is Ordained and Enacted by the Deputy Governor, Council and Representatives of this Island, and by Authority of the same, That whosoever shall receive a Ticket out of the Secretary's Office, Who has a Ticket, and delivers it out to another, if tendered or carried of. and deliver it over as aforesaid, so as another Person is carried of, or shall tender the same to any Master of Ship or Vessel to be carried of by virtue of the same; For such his Offence and evil Intention of Hurt and Damage towards the Inhabitants here, and upon Conviction thereof before the Justices of the Peace at their Quarter Sessions, shall be sentenced to stand in the Pillory in some public Place in the Town of St. Michael's in this Island, Twenty Lashes, and Pillory Three Days. Three several Days, with a Paper on his Head in great Letters, declaring the said Deceit, and receive Twenty Lashes on the bore Back; Unless the Party who first: received the said Ticker, by any Accident or otherwise losing the same, forthwith declare the Loss thereof to some one of his Majesty's Justices, next where the Ship lies, who is hereby required to give notice thereof to the Master of such Ship, to whom the Ticket is directed, or otherwise use all diligence to prevent such Evil as may ensue upon such Loss of the said Ticket. Given under my Hand the 11th of August, 1670. Signed, Christopher Coddrington. Nᵒ 140. An Additional ACT to the ACT for establishing the Courts of Common Pleas within this Island. FOrasmuch as by an Act of this Island, entitled, An Act for establishing the Courts of Common Pleas within the same, Amongst other things, it is thereby Enacted, relating to Executions in the following Words; That if it shall appear to the Judge of the Court, by the Confession of the Party, or the Oath of Two Credible Witnesses, that he (meaning the Defendant) hath made away any of the , Stock or other Goods, after the same hath been legally Attached; Whereby the Plaintiff is disappointed of his Payment, or some part thereof; Such Person for such his Offence, is by the said Judge immediately to be committed to Prison without Bail or Mainprize. But since the making the said Act, the Clause aforesaid hath been found to be inconvenient, in that if any Persons Goods or Chattels being in Execution, and he making away the same, it is not only inconvenient, but impossible for the Plaintiffs in any Execution, to make proof thereof by Witnesses; whereby the Plaintiffs are not only retarded from their just Debts, but left without Remedy for obtaining the same. For Remedy whereof, The Deputy Governor, Council and Representatives of this Island now assembled, do Ordain and Enact, And it is hereby Ordained and Enacted by, the Deputy Governor, Council and Assembly, and by Authority of the same, That where any Goods or Chattels whatsoever, that are or hereafter shall be legally Attached, and left in the Debtors Hands; and after the Expiration of Eighty Days, if the Marshal shall duly Summon the Debtor or Debtors to bring down the Goods, Wares, Merchandizes so Attached, to the Market, there to be sold according to Law in such Cases made and provided. And in case the same be not brought or sent to the Market accordingly, that in such Cases it shall not be required of the Plaintiff or Plaintiffs to make proof by the Defendants Confession, or by Witnesses, that the Defendants have wilfully made away such things attached: But if the Debtor shall not make it appear to the Judge of the Court of that Precinct from whence the Execution issued, that such things Attached, are without his Default miscarried, It shall be taken for granted, Goods not brought to Market by the Defendant, construed to be made away by the Defendant. that he or they are guilty of making them away, and the Judge of the said Court is than to proceed, as by the said Act is provided. Any thing to the contrary in any Law notwithstanding. Given under my Hand, the 18th Day of October, 1670. Signed, Christopher Coddrington. Nᵒ 141. A Repeal of an ACT, Entitled, An ACT to prevent Multiplicity of Lawyers and Law-Suits. Obsolete. Nᵒ 142. An ACT to prevent abuse of Lawyers, and Multiplicity of Law-Suits. FOrasmuch as many Complaints have been lately made, that several Persons Pleaders at Law in the Courts within this Island, as Council or Attorneys, have been too much exacting in their Fees, to the great Burden of the Inhabitants of the same. And it oftentimes happeneth, That many of them are retained on one Side in one Cause, so that their Plead have been often reiterated, and the Courts much troubled thereby, and more than necessary time spent in hearing such Causes. For Prevention whereof for the future, Clause I Be it Ordained and Enacted, and it is hereby Ordained and Enacted by the Deputy Governor, Council and Assembly, and by Authority of the same, That from, and after Publication hereof, To employ but Two Atorneys in one Cause. Penalty 2000 lb. of Sugar. no Person whatsoever shall employ or entertain in any one Cause more than Two Attorneys, upon pain of Two Thousand Pounds of Sugar to be set upon the Party so offending, as a Fine by the Court, where and when the Cause is in trying, and to be committed to the Marshal of the Court for the present, and than to the Provost Marshal, till he pay the same. And that upon any Bill of Costs, Cost 100 lb. and 200 lb. Sugar for Attorneys Fees. the Court shall tax not more than One Hundred Pounds of Sugar in any plain Cause, and but Two Hundred Pounds of Sugar in any Special Cause for Lawyers Fees. And if the Client be willing to pay Money, it shall not be refused at Twelve Shilling and Six Pence the Hundred Pounds of Sugar. Clause III Clause TWO And be it further Enacted by the Authority aforesaid, That no Attorney refuse to pled any Man's Cause whatsoever, Attorneys to pled every Man's Cause for his Fee. wherein he is not retained against him, upon the tender of such a Fee to him as aforesaid, having respect to his Oath herein after expressed, nor shall directly nor indirectly take more Fees than before set down, To take not more Fees. or offend against this Act in any particular, upon pain of being debarred for ever pleading more in any Court of this Island. And that all Judges of any of His Majesty's Courts whatsoever within this Land are hereby impowered and required at the next Sitting in their respective Courts, to administer the following Oath to all the Attorneys whatsoever, before they be admitted to Pled in any Cause whatsoever, The Attorney's Oath. as followeth. You shall do no falsehood, nor consent to any to be done in this Court, and if you know of any to be done, you shall give knowledge thereof to the Judge and his Assistants of the said Court, that it may be Reform: You shall delay no Man for Lucre or Malice, nor shall increase no Fees, but he contented with, and neither directly or indirectly take more than the set Fees in this Act. You shall pled no Foreign Plea, nor Sue Foreign Suits unlawfully, to hurt any Man, but such as shall stand with the Order of Law and your Conscience. You shall not wittingly nor willingly Sue, nor cause or procure to be Sued, any false Cause nor Suit, nor give Aid or Consent to the same, upon pain of being expulsed this Court for ever. And further, you shall demean yourself in the Office of Attorney within this Court according to your Learning and Discretion. So help you God. Given under my Hand, this 19th Day of October, 1670. Signed, Christopher Coddrington. Nᵒ 143. An ACT for the Retailing of Wines and other Strong Liquors to be sold by the Retailers. Expired. Nᵒ 144. An ACT for the Trying all Petty Larcenies at the several Quarter Sessions held within this Island. Preamble. FOrasmuch as there are many Vagrant People in this Island, whereby small Thefts are daily increased, and the Inhabitants much troubled, and such lose Persons being often taken, are sent to the Goal, and there lie for many Months, and become of great Charge and Trouble, and take much time at the General Sessions. For Prevention whereof for the future, Clause I Be it Ordained and Enacted by the Deputy-Governour, Council and the Representatives now assembled, and by Authority of the same, That all such Persons that at any time hereafter shall be sent or committed to the public Goal for any Theft not exceeding Petty Larceny, That the Person so complaining against them, be bound to appear, Persons informing, bound over to prosecute. and prosecute them at the than next Quarter-Sessions to be held for the Town of St. Michael's. Clause TWO And be it further Ordained and Enacted by the Authority aforesaid, That His Majesty's Justices of the Peace of the Parish of St. Michael's for the future, have hereby full power and authority to Hear, Examine and Sentence such Offenders to all Intents and Purposes, as if the same were done at the General Sessions and Goal Delivery for this Island; and that the Provost Marshal for the time being, from time to time, carry such Persons to the said Quarter-Sessions, and obey the Warrants and Commands of His Majesty's Justices, in the due Prosecution hereof. Clause III And be it further Ordained and Enacted, and it is hereby Ordained and Enacted, That whatsoever Person or Persons accused for any Crime or Crimes, and having had their Trial, and acquitted or otherwise discharged from the Fact laid to their Charge, That it shall not be lawful for the Provost Marshal or any other Keeper or Officer whatsoever, to detain him or them for any Fees; What Fees to be paid. but to take One Shilling and Six Pence for the Fees of Turn-Key, and none other. And all such Persons as shall at any time hereafter be taken for the Offence of Petty Larceny, and finding Bail to appear in another Parish, than the Parish of St. Michael's, Than that His Majesty's Justices proceed to Try and Sentence the same in their Quarter Sessions according to Law, in the Precincts where they are taken, as fully as is before in this Act set down; any Law, Custom or Usage to the contrary notwithstanding. Given under my Hand, the 21st of October, 1670. Signed, Christopher Coddrington. Nᵒ 145. An ACT for the regulating and appointing the Fees of the Secretary of this Island. Preamble. WHereas it hath been taken into serious consideration, the great Burden the several Inhabitants of this Island, have long sustained and complained under, by reason of the extraordinary Rates and Prizes unduly exacted, and taken under colour of Fees, contrary to an Act of this Island, by the Secretary in all Offices of Trust where he immediately by himself, Deputy or Servants doth act. For Remedy whereof for the future, and to the intent all the said several Fees and Demands of the said Secretary in his several Offices may be certainly made known, and all Exactions and unlawful Demands by him or his Deputy or Servants be prevented and Punished, Clause I Be it Enacted, Ordained and Established, by the Deputy Governor, Council and Assembly, and by Authority of the same, That if the Secretary either as Secretary, or as he is capacitated to act in any other Public Office within this Island, by himself, Deputy, Clerk or Servants, shall after Publication hereof, receive or take directly or indirectly, either by way of Dispatch or Expedition Money, any other Fee or Fees for any Business hereafter nominated, than is for the same hereafter expressed and annexed thereunto (the same being according to a former Act, and what were taken in the time of Thomas noel Esquire, than Secretary of this Island, and now granted to John Daws, Esquire, by His Majesty's Letters Patents) under penalty of forfeiting all such public Offices wherein he shall act within this Island. To take over Fees, forfeits Office. And whatsoever he or any Secretary, or his or their Deputies for the future, shall take contrary to this Act, Proceeded against as Extortioners. shall be proceeded against as Extortioners, as the Law in such Cases hath provided, and for ever after be made incapable of acting in any such Office, or in any Office of public Trust whatsoever within this Island; the same to be executed upon him or them, upon his or their Conviction, Convicted by Confession, or One Witness. by his or their own Confession, or the Oath of one or more Witnesses before the Governor for the time being, residing within this Island, Tried before the Governor or any Two Justices of the Peace. or any Two of his Majesty's Justices of the Peace, who are hereby impowered and required to execute the same. And to the intent all due Order may be herein kept and observed, and that the Inhabitants of this Island may not be ignorant hereof, Clause TWO Be it further Enacted, Established and Ordained by the Authority aforesaid, That the Secretary's Fees, and the Fees of the several Offices committed to his Management and Prices of them, according as they are in this Act annexed, Table of Fees set up in the Secretary's Office. 10000 lb. Sugar Forfeit. set down and expressed, be fairly engrossed, and hung up in a Table in the Secretary's Office, there constantly to abide, under the Penalty of forfeiting Ten Thousand Pounds of Sugar, the one half to His Majesty, the other half to the Informer; the same to be recovered in any Court of Record within this Island. And whereas there are, and hereafter may be, several things registered in the Secretary's Office, and several Copies of Writings taken out of the said Office, and several Certificates and other Writings, which by Virtue of the said Offices, may and aught to be taken from thence, which are not in the Schedule hereunto annexed, set down and appointed. Clause III Be it therefore further Ordained and Enacted by the Authority aforesaid, That he shall not presume to set a Price upon the same, at his own Pleasure; but shall for the present take so much as the Governor shall appoint, Governor pro tempore Settle Fees, etc. and no more. Provided the same Price so set, do not exceed One Pound of Sugar per Line, Eight Words in a Line, until the next Sitting of the Assembly. And than the same being confirmed or otherwise ascertained by them, Assembly to ascertain new Fees. be annexed to the rest of the Fees of the respective Offices he acts by, and set up in the public Table of Fees in the Secretary's Office, under the Penalty of forfeiting his several Offices, and Six months' Imprisonment, without Bail or Mainprize, by Conviction as aforesaid. Given under my Hand the 21st of October, 1670. Signed, Christopher Coddrington. The SECRETARY's Fees. lb. Sug. s. d. For Recording Deeds and Bills of Sale 20 2 6 For every Bond for an English Ship 40 5 0 For every Ship Bond for a Stranger 80 10 0 For Recording Articles of Agreement and Covenants, 10 Pound of Sugar, or 1 s. 3 d. a Side, with Thirty Lines on a Side, an Inch left for the Margin For Recording Certificates of Land 10 1 3 For Search of any Record, where the Party doth ascertain the Year 16 2 0 For every Recognizance 6 0 9 For every Caveat 4 0 6 For every under-writing 2 0 3 For every Ticket 6 0 9 For Drawing a Bond Obligatory 6 0 9 For Drawing a Deposition 10 1 3 For a Licence for Marriage 50 6 3 For Search for any Record where the time is not ascertained, Ten Pounds of Sugar, or 1 s. 3 d. per Annum for every Year he shall desire to have search made For Recording Depositions 10 1 3 For every Order of the Governor and Council 10 1 3 For every Letter of Attorney Recording 20 2 6 For every Licence for keeping a Country Storehouse 100 12 6 For every Surveyor's Commission 100 12 6 For every Clerk of the Market for his Commission 100 12 6 For every Protest at the Bridge 50 6 3 For Licence to draw Drink, not being of the Country growth 100 12 6 For a Writ of Error, and Proceed upon it at the Council Board 100 12 6 For every Copy of Records given out of the Office attested under the Secretary's Hand, he shall receive for the same, as much as he is allowed by the Act for Recording the same For a Commission to end Difference 80 10 0 For Recording of Bonds 10 1 3 For Recording Returns of Commissions 20 2 6 For a Bill of Health 40 5 0 For Recording Receipts 4 0 6 For Recording Releases, Discharges and Bills of Loading 10 1 3 For every Ticket wherein is named more than one Person, and being of one Family, or belonging to one Man 12 1 6 For Proving a Will before the Governor 40 5 0 For Recording a Will 20 2 6 For the Probate, or Letters of Executorship 16 2 0 For an Order from the Governor for Letters of Administration 40 5 0 For a Bond and Security for it 10 1 3 For Letters of Administration 16 2 0 For a Warrant of Appraisment 8 1 0 For engrossing the Inventory or Appraisment 16 2 0 For the Copy of a Will 20 2 6 For the Copy of an Inventory 16 2 0 For the Copy of Letters of Administration 16 2 0 For a Copy of a Probate 16 2 0 Nᵒ 146. An ACT for the Encouragement of the Manufacture of this Island. Repealed by Act 213. Nᵒ 147. An ACT to prohibit bringing Wines to this Island. Expired. Nᵒ 148. An Additional ACT for the further Continuance of the Authority of Commissioners for the Public Revenue of this Island. Expired. Nᵒ 149. An ACT for raising an Imposition on Wines and other Strong Liquors imported this Island. Expired. Nᵒ 150. An ACT for Levying Two Hundred Pounds of Sugar on every Copper and Still, etc. within this Island. Obsolete. Nᵒ 151. a ACT impowering James Beeke Esq. to build a public Wharf in the Town of St. Michael's. Private Act. Nᵒ 152. An ACT for the Continuation of the Imposition on Wines and Strong Liquors imported this Island. Expired. Nᵒ 153. An Additional ACT to the Act for the Levy, etc. Obsolete. Nᵒ 154. An Additional ACT to the Act to prohibit bringing Wines to this Island. Expired. Nᵒ 155. An Additional ACT for the further Continuance of the Authority of the Commissioners for settling the Public Accounts, etc. Expired. Nᵒ 156. An ACT appointing a Duty to be levied on Liquors imported this Island. Expired. Nᵒ 157. An ACT to prevent Depopulations. Repealed by Act 338. Nᵒ 158. An ACT for the speedy getting in such Sums of Sugar as remain due to the Public by several Levies appointed by several Acts. Obsolete. Nᵒ 159. An ACT for recovering a Public Debt from the Estate of Richard Romney, the late Receiver. Obsolete. Nᵒ 160. An ACT for the prevention of Firing Sugar Canes. IT is hereby Enacted, Published and Declared by the Deputy Governor, Council and Assembly, and by Authority of the same, That whatsoever Person or Persons shall at any time hereafter wittingly or willingly Burn or set on Fire any Sugar-Cane-Field, or other Place where Sugarcanes do grow in any Place in this Island, Shall for every such Offence proved before the next Justice of the Peace, receive by Order of the said Justice, Wilful burning of Canes, 40 Lashes, and Branded. Forty Lashes upon his Naked Back, and be branded in the Forehead with a hot Iron with the letter R, and become Servant to the Party or Parties that shall be so damnified by the Burning or setting on Fire the said Canes, Accidental Fire Satisfaction to the Party injured. for the term of Seven Years: But whosoever shall casually do the same, shall be liable to make Restitution and Satisfaction to the Party damnified, according to the nature and quality of the Damage. Provided that this Act extend not to any that shall Burn or set on Fire their own Sugar-Cane Fields, so that it be not prejudicial to any other. And whereas several Fields of Canes and Pastures have of late been fired accidentally, by carrying Fire, and smoking Tobacco in Paths, where Canes are planted on either side, to the great Loss and Damage of several the Inhabitants of this Island. It is therefore hereby Ordained and Enacted by the Authority aforesaid, To carry Fire, or Smoke Tobacco in Paths where Canes are planted. that whatsoever Person or Persons shall after publication hereof, presume to carry Fire, or take any Tobacco in any Path, where Sugarcanes are planted on both sides of the same Path, or near to any planted Canes, upon Conviction before any Justice of Peace, by the Oath of One or more Witnesses or the Parties own Confession, shall forfeit and pay for every such Offence, Forfeits 500 Pound of Sugar. Five Hundred Pounds of Muscovadoe Sugar, the same to be levied by Warrant of Distress, under the Hand of such Justice of Peace before whom such Proof thereof shall be made, as by the Act in case of Servants Wages is appointed. The said Forfeiture to be put into the Hands of the Churchwardens of the same Parish, where the Offence is committed, and to go and be to the use of the Poor of the same Parish, according as the Vestry of the said Parish shall think fit. And in case the Person so offending as aforesaid, shall not be able to pay the said Forfeiture, such Person or Persons shall than upon Conviction aforesaid, by Order of the said Justice of Peace, Or Twenty Lashes if Poor. have and receive Twenty Lashes upon his bore Back, the same to be executed by the next Constable or his Deputy. Given under my Hand, this 4th Day of July, 1671. Signed, Christopher Coddrington. Nᵒ 161. An Additional ACT for the further continuance of the Authority of Commissioners for Settling the Public Accounts. Expired. Nᵒ 162. a ACT impowering the Freeholders' of the Parish of St. George's, to meet and choose a Vestry of the Freeholders' in the said Parish. Obsolete. Nᵒ 163. An Additional ACT for preventing the Landing of Prohibited Strong Liquors. Expired. Nᵒ 164. a ACT impowering the Committee of the Public Accounts of this Island, to appoint Payment to Mr. William Withington, for so much of his Account relating to the Public Affairs, as the Country hath Benefit by. Obsolete. Nᵒ 165. An ACT to Prohibit the Transporting of Vncured Ginger of this Island. Clause I THe Deputy Governor, Council and Assembly of this Island, have for sundry good causes and considerations thought fit to Enact, And be it Enacted, and it is hereby Ordained and Enacted by the Deputy Governor, Council and Assembly, and by Authority of the same, That no manner of Person or Persons, of what Estate, Degree or Condition soever he or they be, shall after Publication hereof, bring, deliver, sand, receive or take, or procure to be brought, delivered, Not uncured Ginger to be Shipped of. sent or received, into any Ship, Bark, Vessel or other Bottom whatsoever, any uncured Ginger, to be transported of this Island, upon the pain, That every such Person or Persons so offending, contrary to the true intent and meaning of this Act, Forfeit. shall forfeit all such his Ginger so Shipped or put on Board, one half to the Governor of this Island resident here, and the other half to the Informer. Complaint and Information thereof being made to any Two of his Majesty's Justices of the Peace within this Island, Two Justices to Convict. the said Justices are hereby impowered and required to issue their Warrant or Warrants, under their Hands and Seals, for appearance of such Offender or Offenders; and upon Conviction and Proof thereof, made by the Oaths of Two or more credible Witnesses, or the Party's own Confession, the said Forfeiture shall be levied by Warrant of Distress, under the Hands and Seals of the said Two Justices, in the same manner and way as is provided in the Act for Servants Wages, the same to be disposed of as aforesaid. Clause TWO And be it further Enacted by the Authority aforesaid, That every Two such Justices of the Peace in this Island, before whom such Conviction shall be made, are hereby authorised and required every Person so convicted as aforesaid, to commit to Prison, To imprison the Offender for a Year. there to remain without Bail or Mainprize for the space of One whole Year. Clause III And it is hereby further Enacted by the Authority aforesaid, That every Commander or Master of any Ship, Master of Ship taking uncured Ginger on Board. Bark or Vessel now Riding at Anchor in or about this Island, or that shall hereafter come and arrive here, who shall after Publication hereof, take on Board His Ship, Bark or Vessel, any uncured Ginger, contrary to the true intent and meaning of this Act, and being convicted as aforesaid, Forfeits 10000 Pound of Sugar, and Twelve months' Imprisonment. Shall for such his Offence, forfeit Ten Thousand Pounds of Muscovadoe Sugar, and suffer One Years Imprisonment, without Bail or Mainprize. The said Forfeiture to be levied by Warrant of Distress, under the Hands and Seals of the said Two Justices of the Peace before whom Conviction thereof shall be made, as in case of Servants Wages is provided and accustomed, and be disposed, the one half to the than resident Governor of this Island, and the other half to him or them that shall inform the same. Clause IV And it is hereby likewise Enacted, That whatsoever Master of Ship, Bark or Vessel now in or about this Island, that hath already taken or received on Board His Ship, Bark or Vessel, any Uncured Ginger, Such Master shall with all convenient speed, Vncured Ginger on Board, to be landed for the Owner. bring and landlord the same on Shoar, at some usual Landing-Place, that the same may be restored to the Owners thereof. Clause V And in case any Commander of any Ship, Bark or Vessel, refusing or neglecting to bring on Shoar such Ginger as aforesaid, and shall transport the same contrary to the true intent and meaning thereof, Than and in such Case, The Master not delivering, convicted on his Return. the Commander or Master so offending, returning to this Island, and convicted as aforesaid, shall for such his Offence, stand committed by Warrant, under the Hands and Seals of the Justices before whom such Conviction was made, for the space of One whole Year, without Bail or Mainprize. Clause VI And be it further Enacted and Ordained by the Authority aforesaid, That whatsoever Justice of Peace within this Island, shall refuse, neglect or fail in the Execution of his Duty here by this Act enjoined him, after due Notice, Complaint and Information made before him, of any breach of this Act; Justice's neglecting their Duty punished. That than upon Complaint made by any Person against the said Justice, at the next Quarter Sessions for that Precinct, to the Justices holding the same, the said Justice offending, shall by the said Justices holding the said Sessions, be summoned, and caused to come before them, who shall hear and examine the matter complained of, and upon Conviction and Proof thereof, made by the Oaths of Two credible Witnesses, or the Parties own Confession, the said Justice so offending, shall by the Justice's holding the said Sessions, be amerced the Sum of Ten Thousand Pounds of Muscovadoe Sugar, Forfeits 10000 Pound of Sugar. the same to be levied by Warrant of Distress, under the Hands and Seals of the said Justices, as in case of Servants Wages, and be disposed of to the use of the Fortifications of this Island. Clause VII And be it further Enacted and Ordained by the Authority aforesaid, The Governor to appoint all Searchers to Seize all uncured Ginger. That the Resident Governor of this Island for the time being, be hereby desired and empowered to appoint and commissionate from time to time, as he shall see cause, a Waiter or Waiters, Searcher or Searchers, who shall be hereby sufficiently impowered to go on Board any Ship, Bark or Vessel riding at Anchor in or about this Island, and there to make search for all such uncured Ginger. And if upon search any such prohibited Ginger be found on Board contrary to this Act, That than the said Waiter or Searcher forthwith may and shall seize the same, and give notice thereof to any Two next Justices of the Peace, that further Proceed may be made according to the intent and meaning of this Act. Clause VIII And be it further Enacted by the Authority aforesaid, That whatsoever Master of any Ship, Bark or Vessel, shall after Publication hereof, give Bond into the Secretary's Office, that he shall not unlawfully carry any Person of this Island, A Clause in the Bond. It shall be also inserted by the Secretary or his Deputy in the condition of the said Bond, that the said Master shall not take on Board his Ship, Bark or Vessel, any such Prohibited Ginger, or do any thing contrary to the true intent and meaning of this Act. And in case any Master of any Ship, Bark or Vessel, shall refuse to sign such Bond, with the aforesaid Clause inserted, he shall be wholly debarred Trading here, as if he had refused to Sign the said Bond as formerly, until he shall conform according to this Act. Clause IX And it is further Enacted, That the Secretary or his Deputy is hereby required to be very diligent and careful to insert the said Clause in the said Bond, to be Signed by every Master of Ship, Bark or Vessel, Secretary omitting such Clause in the Bond, forfeits 10000 Pound of Sugar. upon the Pain and Forfeiture of Ten Thousand Pounds of Muscovadoe Sugar for every Default or Neglect therein, by means of which, any such prohibited Ginger may be transported contrary to the true intent of this Act; the said Forfeiture to be levied in manner aforesaid, for the use of the Fortifications. Given under my Hand the 15th Day of February, 1671. Signed, Christopher Coddrington. Nᵒ 166. An ACT for the Settlement of the Militia within this Island. Repealed. Nᵒ 167. By the Deputy Governor, Council and Assembly, for the speedy Payment of the late Levy on Coppers and Stills. Obsolete. Nᵒ 168. An ACT for the continuation of an ACT, Entitled, An ACT appointing a Duty on Liquors imported this Island. Expired. Nᵒ 169. a ACT to Repeal an ACT, Entitled, An ACT for the Recovering in a Public Debt from the Estate of Richard Rumney the late Receiver. Obsolete. Nᵒ 170. An ACT for the Annual Rating of Liquors. Preamble. WHereas it is appointed that there shall be an Excise or Rate upon Liquors, etc. It is therefore Ordained and Enacted by the Deputy Governor, Council and Assembly, That the Governor or Deputy Governor and Council, shall once in every Year, at such time as they shall think meet, set a Rate upon strong Liquors at what Rate they shall pass in Taverns and Drinking Houses, from the Day of the setting the said Rate for One Year. None to cell contrary to the Rates set. 3000 Pound of Sugar Penalty. And whosoever shall cell contrary to those Rates, shall forfeit for every such Offence, Three Thousand Pounds of Muscovadoe Sugar, the one half to the public Use of this Island, the other half to the Informer, to be recovered in any Court of Record within this Island. Given under my Hand, the Seventh Day of May, 1672. Signed, Christopher Coddrington. Nᵒ 171. An ACT concerning Forestallers and Engrossers of Provisions. Preamble. WHereas many Ill Disposed People, in and about this Island, (studying and contriving to work their own Designs for their private Gain, though much against a Public Good) have lately bought up several great Quantities of Salt, Salt-pork, Beef, Bacon and other needful Provisions brought to this Island, and have sold the same again at greater Prices, than accustomed, or otherwise transported them to other Places, with intent of Gain, which hath proved much to the Damage and Injury of the Inhabitants and People of this Island. For certain Remedy and Prevention whereof for the future, Clause I Be it Ordained and Enacted by the Deputy-Governour, Council and Representatives of this Island now assembled, And it is hereby Ordained and Enacted by the Deputy Governor, Council and Representatives of this Island, and by Authority of the same, That whatsoever Person or Persons within this Island, Several Offences deemed forestall. shall at any time after publication hereof, buy or cause to be bought up any Salt, Salt-beef, Pork or Bacon, or other manner of Provisions coming into, or being come into any Port, Harbour or Anchoring-Place, in and about this Island, Aboard any Ship Boat, Bark or Vessel whatsoever, from any part beyond the Seas, to be sold, or shall make any Bargain, Contract, or Promise', for the having or buying of the same, or any part thereof, before the said Victuals and Provisions aforesaid, shall be brought on Shoar and Housed in a Storehouse or other Place upon this Island, or shall make any Motion by Word, Letter or otherwise, to any Person for the Inhauncing the Price, or the dearer selling or withholding thereof from present Sale for further Advantage of Price in Sale; Forestaller. All such Person and Persons shall be thereupon deemed a Forestaller or Forestallers, and shall forfeit and suffer as hereafter is expressed. And whatsoever Person or Persons shall after Publication hereof, by any means procure, obtain, regrate, engross or get into their Hands, directly or indirectly, by Buying, Contracting or Promise, taken either on Board as abovesaid, or on Shoar after the Landing of the several Victuals or Provisions aforesaid, Several Offences deemed regrating. to the intent to cell the same at higher Prices, or make Profit thereby, or Transport the same to other Parts or Places, without Licence from the Governor and Council for the time being, first had and obtained, Shall be deemed and accounted a Regrator or Regrators, Regrator or Engrosser. Engrosser or Engrossers, and thereof be convicted, shall suffer as hereafter is appointed. And for that all such Persons so Offending, do become most pernicious Enemies to the common good of all Places and People, when they are turning Plenty into Scarcity, for the advantage of their particular or private Lucre, Clause TWO It is Ordained and Enacted by the Deputy Governor, Council and Representatives of this Island now assembled, and by Authority of by same, That all and every the Person or Persons at any time against this Act or any part thereof, Conviction by Justices, or at the Quarter-Sessions. or in any of the particulars afore recited Offending, and thereof being duly convicted before any Two Justices of the Peace, or at the Quarter or General Sessions of this Island, Who have hereby power, and are hereby respectively by virtue hereof, authorised and required to inquire, hear and determine all and every the Defaults and Offences done contrary to this Act, and every part therein, by Inquisition, Presentment, Bill or Information, The Method. or by Examination of Two Lawful Witnesses therein, upon Oath, as if a Trial by Twelve Men were thereupon had, for his or their First Offence, 1st Offence. Forfeits Good: and 3 months' Imprisonment. shall forfeit all their Provisions so Bought, Transported, Bargained for, or had, and so enhanced in the Price or Value thereof, and suffer Imprisonment the Space of Three Months without Bail or Mainprize. 2d Offence. Double Punishment. And for his or their Second Offence, shall forfeit double the Value of the Goods or Provisions so bought up, Transported, Bargained for, had or enhanced in the Price, and suffer Imprisonment for the space of Six Months, without Bail or Mainprize. And for his or their Third Offence, 3d Offence. Forfeits Goods and Chattels, and Nine months' Imprisonment. shall forfeit all his Goods and Chattels that he or they have in their own Right, and suffer Imprisonment for the space of Nine Months, without Bail or Mainprize. In all and every of which Forfeitures, the one half of the Provisions or the Value thereof in the first Offence, and the half of the double Value of the Provisions in the Second Offence, and the half of the Goods and Chattels in the Third Offence, shall go to the use of the Complainant, or him that shall inform; Disposition of Forfeitures. and the other half shall be and remain to the public use of this Island; the same to be levied by Warrant of the said Two Justices, or of the General or Quarter Sessions in manner of Execution or Attachment, as used in the Courts of Common Pleas. And the several Justices of the Peace in their several Precincts within this Island, are hereby required at their several and respective Quarter Sessions from time to time, to give in charge to the Clerk of the Market for the time being, or his Deputy or Officers, or to any other Person, for the strict enquiring after, and information of the several Breaches or Offences against the particulars in any kind in this Act mentioned and contained. Given under my Hand, the 7th Day of May, 1672. Signed, Christopher Coddrington. Nᵒ 172. An ACT for laying an Imposition on Wines, and prohibiting Brandy or Distilled Spirits to be imported this Island. Expired. Nᵒ 173. An ACT concerning Persons intended to departed this Island, and the setting up their Names in the Secretary's Office and Warrants of Arrest. Preamble. FOrasmuch as it hath long been a Law and Custom of this Island, that all Persons whatsoever inhabiting or residing within the same, (except Women Covert and Children under the Age of Fourteen Years) intending to departed hence, have used to put up their Names publicly in the Secretary's Office upon a Table there for that purpose; And after Twenty One Days so past or otherwise, upon entering and giving their sufficient Securities as hath been accustomed in such cases, have a Ticket or Licence from the Secretary for the time being, Signed by the Resident Governor, hath been a sufficient Warrant for any Master of any Ship or Vessel, to transport them to any other Place. The intent and practice of which Law and Custom hath been, that Persons indebted might not privately go of, But that they might be compelled before their Departure, to give Security in the said Office, to pay their just Debts, and answer all other Claims and Demands that might justly be made against them. Which Law and Custom in this kind, hath hitherto by experience been found of good use and benefit to the Inhabitants and Traders here: But for that the said Act and Law hath not sufficiently provided for giving Securities in the said Office for Payment of Debts, performing of Contracts and other Agreements at times and days to come, after such putting up their Names: Nor strictly appointed Persons under-writing, to underwrite for their exact Sums due, or to become due, or other Pretences not really just or true, and other Defects not well or sufficiently provided for by the said Act. For Remedy whereof, and supplying such Defects as are already known, Clause I The Deputy Governor, Council and the Representatives of this Island now assembled, have thought fit to Ordain and Enact, And it is hereby Ordained and Enacted by the Deputy Governor, Council and Representatives of this Island, and by authority of the same, That the present Secretary by himself or his Deputy or Deputies, officiating as Secretary or Deputy here, and all others for the future, shall have and keep publicly in the said Office, a Table for the entering and putting up of all Persons Names intending to departed hence, The manner of putting up Names in the Secretary's Office. and to enter thereon their Christian and Surnames at large, and in what Parish they reside, and whither intended, and the Day and Year when their Names are so put up. And that the Secretary or his Deputy for the time being, give not, or grant unto any Person or Persons whatsoever, a Ticket or Licence for any to departed hence, When a Ticket to be given. Unless their Names have been first put up as aforesaid, in the said Table in the Secretary's Office, full One and Twenty Days, or otherwise taken good and sufficient Security to answer all Under-writings whatsoever, that are or shall be there entered within One and Twenty Days from the first setting up their Names as aforesaid. Clause TWO And whatsoever Person or Persons intending so to go of, are not well known to the Secretary or his Deputy for the time being, Persons unknown to the Secretary, a Justice to certify his Name. to have gone by that Name so put up, That in all such cases the Secretary or his Deputy grant out no Ticket to such Person, until he be certified of his or her Name so requiring the Ticket, by a Certificate under the Hand of some one of His Majesty's Justices of the Peace in this Island, That he or she hath gone, or been known by, or upon the Justices own Knowledge, Of his own knowledge, or by the Oath of Two Witnesses. or the Oath of Two Witnesses well known to the said Justice, and such Certificate to be filled and kept in the said Office for his Warrant therein; and likewise to take Security to answer all Under-writings as is aforesaid, That than and in all such Cases, The Secretary and Governor to Sign all Tickets. it shall and may be lawful to and for the Secretary or his Deputy for the time being, to grant out such Ticket first by him to be Signed, as a Sign and Token of his due Performances in his Office in such Cases, according to the true intent and meaning of this Act. And that than the Resident Governor of this Island for the time being, is hereby desired and lawfully authorised to Sign such Ticket for his or her Departure. And such Ticket so Signed by the Resident Governor and Secretary, or Deputy Secretary chief officiating in the said Office, shall and may be a lawful Warrant for any Master of any Ship or Vessel to transport such Person or Persons to any other Place whatsoever, without impeaching any Obligation, Master of any Ship may safely transport with such Tickets. Women Covert, and Children under 14 Excepted. Unless Feme Sole Traders. Law or Custom of this Place to the contrary. Provided always, and it is the true intent and meaning of this Act, That the Clauses before-going, extend not to Women Covert, or Children under the Age of Fourteen Years; other than such Women Covert, that trade, use or exercise any Trade as a Sole or Feme Merchant within this Island and not otherwise. And for the Prevention of the great Mischiefs that many times hap to Persons going of this Island, Against evil and malicious Vnder-writings. through the malice of some evil disposed Persons, upon pretence of Debts or other pretended Claims, make or cause Under-writings to be made against them for great Sums of Sugar or other large Demands not really due, or owing, to their great Hurt and Damage. Clause III Be it therefore Ordained and Enacted, and it is hereby Ordained and Enacted by the Authority aforesaid, That whosoever shall underwrite any Person or Persons, so having their Names up as aforesaid, Directions how to underwrite. shall set forth the Sum or Sums of Money, Sugar, Cotton or other thing that is due and owing, or to be performed so near as may be, and especially, by what means it doth arise, whether by Bill, Bond, Judgement, Account, Promise', Covenant or otherwise howsoever. And if it be for part of any such Bill, Obligation, Judgement, Account, Promise', Penalty, or for any other Cause, That than it be, Where part of a Bill, Bond, etc. is due, it is so to be underwit for. and set forth the remaining Sum or Sums, or near the same, mentioning and setting forth, that it is for Part of such a Bill, Obligation, Judgement, Account, Promise', Covenant or Penalty, containing the First Sum or Sums therein, and the Date or Dates, and Times of the same, So that the Secretary or Person officiating in the said Office as Secretary or Deputy there may know the Value, and take the Security for the Sum so under-written for as aforesaid. A Plaintiff or Plaintiffs may declare for part of a Debt. And that the Person or Persons so becoming Plaintiff or Plaintiffs at Law as aforesaid, may declare for Part, if for Part of any Sum or Sums being, and saying, for Part of the Original Sum, and for his so declaring, shall not be Nonsuited, Abated, Barred or Overruled by any Plea whatsoever; notwithstanding any Practice, Law or Custom to the contrary. Provided always, and it is the true intent and meaning of this Act, That the Persons so under-writing, file their Action or Actions within One and Twenty Days after the Security be given for their Debts than due, as hath been accustomed: Otherwise the same being pleaded to be a sufficient Bar to their Action or Actions, and all others for the same Cause for ever, and forfeit Two Thousand Pounds of Muscovadoe Sugar, the one half to the Party or Parties so under-written, 2000 Pound of Sugar Forfeit. the other half to the public use of this Island, to be recovered by Action of Debt at Common Law in the Precincts where the Party or Parties live, except where the Party or Parties Arresting or Under-writing hap to departed this Life within the One and Twenty Days aforesaid. Clause IV And it is further Ordained and Enacted by the Authority aforesaid, Vnder-writings for Debts due in futuro. That it shall and may be lawful for any Person or Persons to underwrite any other Person or Persons whatsoever in the said Office, for any Sum or Sums, or Duty whatsoever due, owing or to be performed at any future time, observing the Method for Under-writing as aforesaid. And the Secretary or Deputy Secretary officiating in the said Office, take sufficient Security for the same, before he deliver the Person or Persons so under-written, his, her or their Ticket, upon Penalty of paying the Debt, Debts or Cause of Action, of such Under-writings to the Parties thereby endamaged. Actions to be filled within 21 Days after the Debt become payable. Provided always, that the Person or Persons so under-writing, File their Action or Actions against the Security, within One and Twenty Days next after the Debt or Duties become payable. Otherwise the same being pleaded, to be a sufficient Bar to their Action or Actions, and all others for the same Cause for ever: Any Law, Custom or Practice to the contrary notwithstanding, except in case of Mortality as aforesaid. And whereas the same Inconveniences oftentimes hap to Persons liable to Arrests as by Under-writings, Clause V Be it therefore Ordained and Enacted, and it is hereby Ordained and Enacted by the Authority aforesaid, That whatsoever Person having Ten Acres of Freehold Land within this Island, None to be Arrested that hath 10 Acres of Land, nor for a Debt under 1000 Pound of Sugar, or 6 l. 5 s. Except he has taken out his Ticket, and not given Security. shall not be liable to Arrest, nor any other Inhabitant whatsoever, for any Sum under One Thousand Pounds of Sugar, or Six Pounds Five Shilling in Money; but be summoned to answer Suits in the Precincts where they live, according to the Act for Judicial Proceed; Unless he hath taken out his Ticket to departed this Island, and not having given in Bond in the Secretary's Office, to answer all Under-writings, that shall be entered against him or her in the Secretary's Office within One and Twenty Days from the first putting up his or their Names. And all Actions grounded on such Arrest, if the Defendant by himself or Attorneys pled the same, are to be Nonsuited, and the Plaintiff or Plaintiffs in such case shall pay triple Costs. Clause VI And whatsoever Person Arresting any other, is to set forth his Cause of Action in the Warrant of Arrest, The Cause of Action to be set forth in Warrants of Arrest. as in Case of Under-writings before set down in this Act, upon the like Penalties, as in Cases of Under-writings. And to the intent that Persons Under-written or Arrested, having Occasions and Affairs requiring their present departure hence, and would be inconvenient for them to stay the Proceed of the Courts of Common Pleas, so that a Special Court may be appointed for the determining the Differences between Party and Party. Clause VII Therefore the Deputy Governor, Council and Assembly, do hereby Ordain and Enact, And it is hereby Ordained and Enacted, That the Governor in Chief, or Deputy Governor for the time being, have hereby full Power and Authority upon Complaint of any Person or Persons Under-written or Arrested, to grant and issue out a Commission under his Hand and Seal, thereby impowering Five good and able Men, Special Court. as to him shall seem meet, or any Three of them, whereof One to be a Justice of Peace and of the Quorum, or Two of them Private Justices of the Peace, to be the Judges of a Court, as a Special Court of Common Pleas intended for Expedition, to try all Causes of Under-writings and Arrests, The way to procure a Special Court. So as every such Person or Persons under-written in the Secretary's Office as aforesaid, or Arrested for Cause or Causes of Action or Actions than said to be due, as will appear by the said Arrest or Under-writing, shall apply themselves to the said Governor or Deputy Governor desiring such Commission, shall first before him make Oath upon the Holy Evangelists of Almighty God, that he or they are really intended of this Island, and cannot without prejudice to their Affairs, stay the Proceed of the Courts of Common Pleas, and desire a special Court for speedy Trial of such Differences. Clause VIII Provided always, and it is the true intent and meaning of this Act, for the due Administration of Justice, That all and every such Persons to be made Commissioners and Judges as aforesaid, The 〈…〉 be Sworn. shall be sworn to do equal Right between Party and Party, as the Judges and Assistants of the Courts of Common Pleas be, to all Intents and Purposes whatsoever. Than they the said Judges, or any Three of them qualified as aforesaid, are hereby required and authorised, To Summon the Plaintiff. to issue out a Smmons under their Hands and Seals directed, to the said Under-writer or Person Arresting, to appear before them at a certain time and place to be appointed by the Commissioners, and file his Action before them, so as the same may be determined without delay; And to appoint the Marshal and Clerk of the Court of Common Pleas for the Precincts where the Commissioners shall sit, to be their Clerk and Marshal; who are hereby required to perform the Duty of their respective Places accordingly, and to issue out their Precept to the said Marshal, to Summon a Jury to appear, To Summon & Jury. To act with speed as the Court of Common Pleas. as they shall appoint by the said Precept, and to act and do in all things for the speedy determining the Differences in question, in as large, full and ample manner, to all intents and purposes whatsoever, as the Courts of Common Pleas in this Island, do and are impowered. And in case the Verdict pass for the Plaintiff or Plaintiffs, than forthwith to enter Judgement, 〈◊〉 〈◊〉 issue our after Judgement ●gainst Good● or Body. and issue out Execution for immediate Satisfaction, by Appraisment of Three lawful Freeholders of the Precincts where the matter in difference shall be tried, or otherwise by imprisoning the Body till Satisfaction, in case no Effects be showed to satisfy the same. Clause IX And be it further Enacted and Ordained by the Authority aforesaid, That if the Person so Under-writing or Arresting, appear not, Several 〈◊〉 for which the Jury shall give Verdict for 〈◊〉 Defendant. being duly Summoned in Person, or Summons left at his most usual Place of Abode, Forty Eight Hours at the lest, before the setting of the said Court, to prosecute and make good his Under-writing or Arresting as aforesaid, Or upon trial of the issue or other Proceed at the said Court, that there was no just Cause or Ground for such Arrest or Under-writing, Or upon Trial had, not the Mayor part of the Debt or Sum under-written or arrested for, be found to be due, or shall be judged by the said Court, the same Arrest or Under-writing, to be done of Malice, or with vexatious intent of Prejudice and Trouble to the Party or Parties so Under-written or Arrested, In all such Cases, the Jury shall give Verdict for the Defendant, and Judgement be entered thereon for the Party or Parties so Arrested or Under-written, against the Party or Parties Arresting or Under-writing, If Judgement against the Plaintiff, he is to pay 1st, Triple Damages. 2d, Double Costs. 3d, 2000 lb. of Sugar. 4th, Stand committed till Payment. to pay the Triple Damages which shall be made out to the Court, he, she or they have sustained, with double Costs likewise to the Party so injured, to be had by Execution and Appraisment, as in the case aforesaid, wherein any Party or Parties Under writing or Arresting as aforesaid shall recover; and likewise be awarded by the said Court to pay Two Thousand Pounds of Muscovadoe Sugar to the Treasurer for the time being, for the public use of this Island, and stand committed by the Court till he pay the same. And in case any Person or Persons Under-writing or Arresting, being summoned as aforesaid, shall refuse or neglect to appear to make good his or their Arresting or Under-writing, whereby his or their Action or Actions upon the said Under-writing or Arrest come not to Trial by a Jury, but be Nonsuit, or upon Under-writings doth not duly file his Action; Than and in all such Cases, the said Judges shall proceed to award and give Judgement for all Costs and Damages, as to them shall seem meet, together with the Forfeitures and Penalties before in this Act provided, in as full and ample manner to all Intents and Purposes whatsoever, as if the said Action had been tried by a Jury, and Verdict by them given thereupon: And such Verdicts and Judgements to be a perpetual Bar to such pretended Cause or Causes of Action for ever. Clause X And be it further Ordained and Enacted by the Authority aforesaid, That the Marshal's Fees for Summoning the Jury, The Marshal and Clerk's Fees. and attending there on the sitting of the Court, exceed not Five Hundred Pounds of Muscovadoe Sugar, and the Clerks Fees for issuing the Precept, receiving the Action, Plea, Judgement and Execution from the Court, Two Hundred Pounds of Sugar; and for Filing the Record in the Office of the Common Pleas, Fifty Pounds of Sugar. Clause XI And it is hereby further Ordained and Enacted by the Authority aforesaid, That as the Proceed prove before the said Judges upon such Trials, The Judges to certify the effect of the Trial to the Secretary. they certify the same to the Secretary, so as he may give or refuse a Ticket; and also to the Provost Marshal, that the Person or Persons in Custody, may be released or detained accordingly. Provided always, That in case the cause of Under-writing or Arresting, be not made good upon Trial or by Non-appearance, Vnder-writing voided. That than the Under-writing in the Secretary's Office be forthwith made null and voided, as if the same had never been made or done. On Arrest, Action to be filled in 3 Days. And whatsoever Person or Persons at whose Suit any shall be Arrested, do not within Three Days after serving the said Arrest, File his Action against the Defendant, at the Office belonging to the Court where the Writ is returnable, That than a Certificate taken out from the Clerk signifying the same, shall be a sufficient Cause to take up the Bail Bond, and discharge the Party or Parties out of Prison, and no Action to be filled or received thereafter upon that Arrest; 3000 Pound of Sugar Forfeit for not filing Action in 3 Days. Where cause of Action is for Damages, to writ Damages in gross. and shall forfeit to the Party or Parties Arrested, the Sum of Three Thousand Pounds of Muscovadoe Sugar, to be recovered by Action of Debt in any Court of Common Pleas in this Island. And where any Person or Persons having any Cause of Action or Actions against any other Person or Persons whatsoever, which lie only in Damages and not in certainty, than it shall and may be lawful to underwrite for a Sum in gross, as the case may require, and not be liable to the former Rules in this Act. And for that the taking and valuing of Securities upon all Cases of Under-writings, Secretary and Marshal Judges of Securities under 200 l. Sterl. or 30000 Pound of Sugar. lie in the Breast of the Secretary or his Deputy officiateing here; and the like upon Arrests in the power of the Provost Marshal or his Deputy officiating likewise; so that the Persons Under-writing and Arresting, are bound up by their respective Wills in such Cases; so that they may if evilly intended, take insufficient Securities, and thereby endamage the Inhabitants of this Place. Therefore, Clause XIII It is hereby Ordained and Enacted by the Authority aforesaid, That in all Under-writings and Arrests for any Sum of Money above Two Hundred Pounds Sterling, Governor and Council, Judges of Securities, above 200 l. Sterl. or 30000 Pound of Sugar. Preamble. or Thirty Two Thousand Pounds of Sugar; that the Security tendered in all such Cases, be approved of by the Governor and Council for the time being, or the mayor part of them; any Law, Usage or Practice to the contrary notwithstanding. And for that it hath often happened, That Persons Defendants upon Arrests, appeared not the first Court, but made Default, Whereby the Bail Bond became forfeited, and the Persons Plaintiffs in such Suits, have been driven to sue the Securities in other Precincts, than where the Warrant of Arrest was returnable, and by a fresh Suit thereon, and Appeal upon the Recovery, no effects came to such Plaintiff in any reasonable time. For Remedy therein, Clause XIV It is hereby further Ordained and Enacted by the Authority aforesaid, That where the Defendant or Defandants upon any Arrest, appear not at the said Court being called, but make Default, Defendants not appearing on Arrests, 1st Court Judgement. That than the same Proceed be had against him or them, Defendant or Defendants aforesaid, as is used in the Courts of Common Pleas, upon Nihil dicit, and Judgement be entered thereupon, and Execution issue. And in case Effects of the principal Defendant cannot be found, nor his Body returned to the Prison, than Judgement to be entered, Judgement against Bayl. and Execution to issue against the Security or Securities (they being first Summoned to show Cause against the same, if they have any) the said Execution to be levied, and Appraisment, Sales and other Matters whatsoever, by the Marshal of that Court, where Judgement shall be given, as in other Cases; with all Penalties thereon ensuing from such Court, to all Intents and Purposes whatsoever, notwithstanding the Security or Securities live in any other Precincts: Any Law, Usage or Practice to the contrary notwithstanding. Clause XV And it is hereby further Ordained and Enacted by the Authority aforesaid, That the Secetary or his Deputy for the time being, take not more Fees for Under-writings, Secretary to take not more Fees, etc. Tickets or other Matters herein mentioned, than hath been accustomed and is appointed and provided for by a late Act of this Island. To answer for all Office Miscarriages. And if he or they shall neglect and not perform all things in this Act appointed to be done on his or his Deputy's part, and by all Persons in relation to the said Office contained in this Act, shall forfeit and pay all Damages and Costs whatsoever, to all Persons wronged or prejudiced thereby. Clause XVI And whatsoever Person or Persons shall use any indirect Means by getting any Ticket or Hand to any Ticket, Tickets got by indirect means. otherwise than from the Secretary's Office, in due manner foresaid, shall pay and satisfy all Costs and Damages whatsoever to the Persons grieved or injured thereby. And whatsoever Person shall be Convicted by the Oath of Two Witnesses, Tickets duly or unduly got, not to be assigned. or his own Confession, before any Justice of Peace in this Island, for assigning, giving or delivering any Ticket Lawfully or Unlawfully taken out from the Secretary's Office (so as some other Person or Persons are carried of this Island) shall found good Securities to appear and answer the Fact at the than next General Sessions, and be liable to pay and answer all Costs and Damages occasioned to any Person or Persons hereby. Clause XVII And in case any Master or Owner of any Servant or Servants, Slave or Slaves, Tickets to be taken out for Servants or Slaves. shall have occasion to Transport such Servants or Slaves from this Island, That than and in such case, the Master or Owner of such Servant or Slave, shall have and obtain from the Resident Governor, or Deputy Governor for the time being, of this Island, a Ticket for such their Transportation. Which Ticket shall comprise the whole number and Names of such Servants or Slaves, of the Master or Owner aforesaid; for which Ticket the Owner to pay Ten Pounds of Sugar. Provided always, the Master or Owner of such Servant or Slave shall before some one of His Majesty's Justices of the Peace, prove upon the Oath of some one credible Person well known to the Justice, Oath to be made they are the proper Estate of etc. before Ticket granted. or his or her own Oath, that the said respective Servant or Slave is at that time the proper Estate of that Person, upon Certificate of which taken in manner as aforesaid, the said Ticket to be granted. Clause XVIII And whatsoever Person or Persons within this Island, intended to departed the same, who have set up his or her Name in the Secretary's Office, and shall be under-written by any Person or Persons, for any Debt under One Thousand Pounds of Muscovadoe Sugar, All under-writings under 1000 Pound of Sugar, or 6 l. 5 s. to be determined by a Justice. or Six Pounds Five Shillings Sterling, the same shall be heard and determined by any of His Majesty's Justices of the Peace to whom Complaint thereof shall be made in the same manner and way, as by the Act for Servants Wages is provided and appointed. Clause XIX Repeal of the former Law. And it is hereby further Ordained and Enacted by the Authority aforesaid, That a former Law of this Island heretofore made, Entitled, An Act concerning Persons intended to departed this Island, and the setting up their Names in the Secretary's Office, and Warrants of Arrests, and all things therein contained, be and is hereby Repealed and made voided for the future, to all Intents and Purposes whatsoever. Provided this Repeal extend not to any Person now in Custody, or liable to any Judgement, Execution or Precept, by Virtue of the last mentioned Act; any thing in this Law to the contrary notwithstanding. Given under my Hand, the 9th Day of May, 1672. Signed, Christopher Coddrington. Nᵒ 174. a ACT to Repeal several Acts relating to the Prohibiting the Importation of Wines and other Liquors into this Island. Obsolete. Nᵒ 175. An ACT appointing a Duty to be levied on Wines and other Strong Liquors Imported this Island. Expired. An ACT to prohibit the Importation of Brandy or other Distilled Spirits in this Island. Nᵒ 176. Expired and Repealed by Act 181. Nᵒ 177. An Additional ACT for the further continuance of the Authority of the Commissioners, for settling the Public Accounts. Expired. Nᵒ 178. A Declarative ACT upon the ACT making Negroes Real Estate. Preamble. WHereas by an Act of this Island bearing Date the Twenty Ninth Day of April, One Thousand, Six Hundred, Sixty-Eight, It is Enacted and Ordained, That Negroes shall be deemed Real Estate and not Chattels. Clause I Be it Declared by His Excellency, Council and the Representatives of this Island now assembled, And it is hereby Declared, That by the true meaning of that Act, Negroes recovered by Action Personal. Negro may be sued for and recovered by Action Personal, as they usually were before the making the said Act. And also that by the true meaning of the Act aforesaid, Negroes continued Chattels for the payment of Debts. Chattels to pay Debts. Clause TWO And be it further Enacted, and it is the true intent and meaning of this Act, That Negroes shall be taken and deemed real Estate, Real Estate. to all other Intents and Purposes whatsoever; except what before excepted. Vide ultra, the Act revived and continued. Given under my Hand, the 29th Day of January, 1672. Signed, William Willoughby. Nᵒ 179. An Additional ACT for the further Continuance of the Authority of the Commissioners for settling the Public Accounts. Expired. Nᵒ 180. A Repeal of an ACT, Entitled, An ACT to Prohibit the Importation of Brandy or other Distilled Spirits to this Island. Expired. Nᵒ 181. An ACT appointing a Duty upon Brandy and other Distilled Liquors. Expired. Nᵒ 182. An ACT for laying an Imposition on Wines and other Liquors Imported this Island. Expired. Nᵒ 183. An ACT for the Continuation of an ACT, Entitled, An ACT for laying an Imposition on Wines and other Strong Liquors Imported this Island. Expired. Nᵒ 184. An Additional ACT for the further continuance of the Authority of the Commissioners for settling the Public Accounts. Expired. Nᵒ 185. Repealed by several after Acts. An Additional ACT concerning the detaining of Negroes. Nᵒ 186. An ACT for Collecting the Arrears of divers Levies for Repair of the Fortifications. Obsolete. Nᵒ 187. An ACT to confirm the Lease of Fontabell, unto His Excellency Sir Jonathan Atkins, Knight, Governor of this Island, etc. Expired. Nᵒ 188. An ACT for taking of the Eighty Days after Execution, for future Contracts. Preamble. FOrasmuch as by a Law of this Island, Entitled, An Act for Establishing the Courts of Common Pleas within this Island, declaring the Method of Proceed to Judgements and Executions, and the manner of Proceed afterwards; and for that amongst other things, It is Enacted, That upon all Executions to be levied upon Lands, Goods or Chattels whatsoever, no Prosecution should be thereupon had for Eighty Days than next after Execution as aforesaid; Which said continuance or delay of the said Eighty Days, is found to be inconvenient, and not of any benefit or advantage to Trader or Planter, as was supposed or intended by the said Act. Clause I Be it therefore Ordained and Enacted by his Excellency Sir Jonathan Atkins, Knight, Captain General and Chief Governor of this and other the Charibbee-Islands, the Council and Representatives of this Island now assembled, And it is hereby Ordained and Enacted by Authority of the same, That upon all Executions hereafter issuing upon any Judgement or Judgements whatsoever, grounded upon any Debts, Contract or Agreement of what Nature or Quality soever, made or contracted after Publication of this present Act, and not otherwise howsoever; It shall and may be lawful for the respective Judges of the respective Courts of Common Pleas, and their respective Marshals and their Deputies. To take out Execution as before. And they are hereby required to proceed upon all Executions to Appraisments or Outcries, as hath been accustomed, not having regard to the Eighty Days: For that the said Eighty Days are hereby taken of, The Eighty Days after Execution taken of. and by this Act declared to be voided and taken of, to all Intents and Purposes whatsoever, for all future Executions grounded upon all future Debts and Contracts in manner aforesaid. Preamble. And whereas it hath been taken into consideration a great Mischief sometimes practised by Debtors to show their Windmills, Cattel-mills and other Houses, and other things entire in Execution to their Creditors; when as such Mills, Houses, Buildings and other entire things are of far greater value than the Debt upon Execution. So as the Creditors have been forced to take the same upon entire Appraisment, and lay down the Overplus or otherwise be unsatisfied. For Remedy whereof, Clause TWO Be it Ordained and Enacted by the Authority aforesaid, that in all such Cases, it shall and may be lawful for the Marshals of the respective Courts, and Constables for Labour, and Servants Wages or Provisions; And they are hereby respectively required to Attach any Part or Parcel of any Windmills, Mill-house or any Buildings or other things entire whatsoever, for or towards satisfaction of any Debt whatsoever, and the same so Attached to appraise and deliver in severalty; any Law, Usage or Practice to the contrary notwithstanding. Read and passed the Council, and consented to by his Excellency, this 25th of March, 1675. Read and passed the Assembly, Nemine contradicente, the 25th of March, 1675. Edwin Stead, Deputy Secretary. John Higginbothom, Clerk of the Assembly. Nᵒ 189. An ACT for laying an Imposition on Wines and other Liquors Imported this Island. Expired. Nᵒ 190. An ACT reviving and continuing the Authority of Commissioners for settling the Public Accounts. Expired. Nᵒ 191. An ACT for Regulating the Gage of Sugar Cask. Preamble. WHereas his most Gracious Majesty hath by his Letter under the Privy Seal, Dated the Two and Twentieth of August last, signified to his Excellency Sir Jonathan Atkins, Knight, Captain General and Chief Governor of this and other the Charibbee-Islands, That the Farmers of the Revenue of Four and an Half per Cent. of all the dead Commodities of the Growth and Product of this Island, have Complained that they have wrong done them in the largeness of the Cask entered at His Customhouse, That therefore, Cask may be in the future reduced to a certain Standard and Gage, and that His Majesty may not suffer the lest Loss or Prejudice in the Entries made at his Customhouse, or that any colour may be left to his Farmers to make any Complaint thereon, or to press for, or continued longer the weighing the Cask entered contrary to Law, to the Method settled by his former Governors, and the practice of the Island to this Day, and to the insupportable trouble of the Inhabitants, and ruinous delay of Shipping trading hither. Clause I Be it therefore Enacted by His said Excellency, Sir Jonathan Atkins, Knight, Captain General and Chief Governor of this and other the Charibbee-Islands, the Council and Representatives of this Island now assembled, and by Authority of the same, Gage of Sugar Cask. That the Dimension of a Butt shall be in length Fifty Two Inches, in the Bulge Thirty Five Inches, in the Head Twenty Nine Inches; a Puncheon in length Forty Four Inches, in the Bulge Thirty Two Inches, in the Head Twenty Eight Inches; a Hogshead in length Thirty Seven Inches, in depth in the Bulge Thirty One Inches, and in the Head Twenty Seven Inches; Which Dimensions of Cask are the same and of like Gage with such Cask as were generally made use of and entered in his Majesty's Custom-houses in the time of the Government of the Lord Francis Willoughby, who in pursuance of the appointment made in the said Act, settled and established the Method and Rules for Entries to be made in His Majesty's Custom-house here. Clause TWO And be it further Enacted by the Authority aforesaid, That whomsoever shall make any Entries of Sugars at His Majesty's Custom-house here, after the Publication hereof in Cask larger than is above limited and expressed, and 'cause the said Cask to be water-born in order to their Shipping, not having first declared the same upon their Entry at the Custom-house, and given Satisfaction thereon, and have Permits according to the Rules of the Custom-house, Punishment. shall forfeit to the uses, and to be recovered in the same manner, as by the Act of Four and a half per Cent. is directed, all such Cask exceeding the Dimensions aforesaid, together with the Sugar therein contained. And it shall be lawful for any of His Majesty's Officers of his Customhouse, or such as are employed by his Farmers to make Seizure of all such Cask as aforesaid. Read, and passed the Council, and consented to by his Excellency, this 15th of April, 1675. Read, and passed the Assembly, Nemine contradicente, April the 15th, 1675. Edwin Stead, Deputy Secretary. John Higginbothom, Cl. of the Assemb. Nᵒ 192. An ACT for reviving and continuing the authority of Commissioners for settling the Public Account. Expired. Nᵒ 193. An ACT for the settlement of the Militia of this Island. Repealed. Nᵒ 194. An ACT for laying an Imposition on Wines and other Liquors imported this Island. Expired. Nᵒ 195. An ACT for allowance of a Second free Entry for the dead Production of this Island lost or taken, relating to the Four and a half per Cent. Preamble. WHereas since the passing the grant of Four and a half per Cent. of all the dead Productions of this Island, Shipped of to any Port, several Losses have been sustained by the Merchants and other Freightors of Merchandise transported from this Island, by Enemies, and the Perils of the Seas in and out of Harbour; For which the said Merchants and Freightors used to have allowance to enter again in the Customhouse of this Island the like quantity of Goods as those perished, for which the Duty had been paid or agreed for (the said Practice continuing in the Two Governors time next after the said Act, pursuant to the common Usage of all Ports, as also to the express Provision of the Act of Tonnage and Poundage made the Twelfth Year of His Majesty's Reign.) Which said allowance hath been lately denied by the Commissioners of the said Custom-house to several the Inhabitants of this Island, since the late Farm of the said Duty to the present Farmers, to the great injury and discouragement of the said Inhabitants. Whereof the Governor, Council and Assembly of this Island, taking due notice and no ways doubting the good will and favour of His Majesty, in reference to the Premises, especially considering the same is according to the Pattern of the said Act of Parliament made in England, Do Enact and Declare, And be it Enacted and Declared by the Governor, Council and Assembly aforesaid, and by Authority of the same, That whatsoever Goods liable to pay the said Duty, for which the same shall be paid or agreed for, shall be cast away, or taken by Enemies or Pirates, after the same have been water-borne, or Shipped in any Ship or Vessel designed to be transported from this Island, from the First Day of December next, and so from thenceforth for ever, the like quantity of Goods may be again Shipped Custom-free, upon such Proof made before the Governor of this Island, or the Commissioners aforesaid for the time being, or any of them in such manner as is appointed by the Act of Tonnage and Poundage. Read and passed the Council, and consented to by His Excellency, this 25th of November, 1675. Read and passed the Assembly, Nemine contradicente, this 25th of November, 1675. Edwin Stead, Deputy Secretary. John Higginbothom, Cl. of the Assemb. Nᵒ 196. An ACT for reviving and continuing the Authority of Commissioners, for settling the Public Accounts. Expired. Nᵒ 197. An ACT for reviving and continuing an ACT, Entitled, An ACT for laying an Imposition on Wines and other Liquors imported this Island. Expired. Nᵒ 198. An ACT to prevent People called Quakers, from bringing Negroes to their Meeting. Preamble. WHereas of late many Negroes have been suffered to remain at the Meeting of Quakers as hearers of their Doctrine, and taught in their Principles; whereby the safety of this Island may be much hazarded; Clause I Be it therefore Enacted by His Excellency Sir Jonathan Atkins, Knight, Captain General, and Chief Governor of this and other the Charibbee-Islands, the Council and Representatives of this Island, And it is hereby Enacted by the Authority aforesaid, That if at any time or times after Publication hereof, any Negro or Negro be found with the said People called Quakers; at any of their Meetings, and as Hearers of their Preach, Negro's hearing, are forfeited. Half to the Informer. That such Negro or Negro shall be forfeited, that is to say, one half to the Party or Parties, that shall seize or sue for such Negro or Negro, if the Negro or Negro belong to any of the said People called Quakers, Half to the Country. and the other Moiety to the public use of the said Island. Provided, That if the said Negro or Negro be seized, that the Party or Parties so seizing, The Prosecutor to bring an Action in 3 Months. shall bring an Action within Three Months, grounded upon this Statute against the Owner or supposed Owner of the said Negro or Negroes in any Court of Common Pleas within this Island, at the Choice of the Informer. And in all Suits upon this Statute, the Defendant or Defendants therein having Ten Days Summons, as is used at the Courts of Common Pleas, at the first Court after Summons shall appear, To be tried the First Court. Immediate Execution. pled and come to Trial, or the Court to give Judgement on such Action or Actions by Nihil Dicit, and upon all Judgements on every Action grounded on this Statute, Execution immediately to issue. Clause TWO And it is further Enacted by the Authority aforesaid, That if such Negro or Negro being at the Meetings aforesaid, and doth not belong to any of the Persons present at the same Meeting, than may any Person or Persons bring an Action grounded upon this Statute against any of the Persons present at the said Meetings at the Election of the Informer, For every strange Negro, 10 l. Forfeit against any at the Meeting. for the Sum of Ten Pounds Sterling for every Negro and Negro so present as aforesaid, and shall recover Ten Pounds Sterling for every such Negro and Negro, to be divided in the manner before expressed; on which Action or Actions there shall be such Proceed as is before appointed. Clause III And it is further Enacted by the Authority aforesaid, That no Person or Persons whatsoever, shall keep any School or Schools to instruct any Child or Children in any Learning, None to teach School but those who take the Oath of Allegiance and Supremacy. unless such Person or Persons in one Month after Publication hereof, first take the Oath of Allegiance and Supremacy before some Justice of the Peace of the Parish where such Person lives, and have a Certificate thereof; For which Certificate the Justice's Clerk only to take for the Writing one Shilling Sterling; or that the Party have special Licence from the Governor for the time being of this Island. Except licenced by the Governor. And if any Person or Persons keep any School or Schools contrary to the true intent and meaning of this Act, shall for such Offence suffer Three months' Imprisonment, without Bail or Mainprize, Three months' Imprisonment, and 3000 lb. Sugar. and shall forfeit Three Thousand Pounds of Muscovadoe Sugar, the one Moiety to the Informer, the other to the public use of this Island, to be sued for, and recovered as aforesaid. Clause IV And it is further Enacted by the Authority aforesaid, That no Person or Persons whatsoever, None to Preach who have not been here 12 Months. That is not an Inhabitant and Resident of this Island, and hath been so for the space of Twelve Months together, shall hereafter publicly Discourse or Preach at the Meeting of the Quakers, upon the Penalty of suffering Six months' Imprisonment, without Bail or Mainprize, and shall forfeit Ten Thousand Pounds of Muscovadoe Sugar, the one Moiety to such Person as shall sue for the same, the other to the public use of this Island, to be recovered in manner aforesaid; Provided that all Action or Actions upon this Statute be brought within Six months' next after the Offence. Read, and passed the Council, and consented to by his Excellency, the 21st of April, 1676. Read and passed the Assembly, Nemine contradicente, the 19th of April, 1676. Edwin Stead, Deputy Secretary. John Higginbothom, Cl. of the Assemb. Nᵒ 199. A Supplemental ACT to a former ACT, Entitled, An ACT for the better ordering and governing of Negroes. Expired. Nᵒ 200. An ACT for binding out of Apprentices. Expired. Nᵒ 201. An ACT for the Explanation to the ACT of Negroes, and to prohibit the bringing of Indians to this Island. Expired. Nᵒ 202. An ACT to prevent Frauds and Concealments in the Payment of the Excise of this Island. Expired. Nᵒ 203. An ACT for the better enabling the Executors of William Plumley, Deceased, to cell his Estate for the Payment of his Debts. Obsolete. Nᵒ 204. An ACT for reviving and continuing the Authority of Commissioners for settling the public Accounts. Expired. Nᵒ 205. An ACT appointing Satisfaction to the Owners of such Negroes as have lately suffered Death for their Rebellion. Obsolete. Nᵒ 206. An ACT for reviving and continuing an ACT, Entitled, An ACT for laying an Imposition on Wines and other Liquors Imported this Island; and another ACT, Entitled, An ACT to prevent Fraud and Concealments in the Payment of the Excise of this Island. Expired. Nᵒ 207. An ACT to prevent the Inconveniences upon the Inhabitants of this Island, by Forestallers, Engrossers and Regrators. INasmuch as a few Persons of late Years, by feigned Bills of Loading, and by other Crafts and Engines, have forestalled the Market, and engrossed into their Possessions and Disposal, most of the Beef, Pork, Fish, Salt and other dead Victuals brought to this Island. For Remedy whereof, Clause I Be it Enacted by His Excellency, Sir Jonathan Atkins, Knight, Captain General and Chief Governor of this and other the Charibbee-Islands, the Council and Assembly of this Island, And it is Enacted by the Authority aforesaid, That no Person or Persons whatsoever, after Publication hereof, shall cell, barter or dispose of any Beef, Pork, Fish, Salt or other dead Victuals or Provision that shall at any time or times after the Date hereof, be brought to this Island, or any Harbour, No Beef, etc. to be sold, before an Oath be made that he imported it, or was consigned to him. Port or Creek thereof, before such time as he or they who selleth or disposeth thereof, or offereth the same to Sale, maketh Oath on the Holy Evangelists, That such Beef, Pork, Fish, Salt or other dead Victuals or Provision, was really and bona fide consigned and sent by Bill of Loading from some Foreign Part beyond the Seas, to him or them in this Island, that so selleth or offereth the same to Sale; or that he or they who disposed of the same, or offereth the same to Sale, did themselves bring such Beef, Pork, Fish, Salt or other dead Victuals as aforesaid, without any manner of Craft or Equivocation whatsoever to this Island, from some part beyond the Seas; which Oath to be taken before the next Justice of the Peace to the Place where such Ship or Vessel shall arrive and unload; who is to Record such Oath, and give a Certificate thereof without any Reward. And whatsoever Person or Persons shall offend contrary to the tenor of this Act, shall be deemed and adjudged a Forestaller, and shall suffer such Penalties as in this Act hereafter is expressed. And for that there is no better means to deter the wickedness of Offenders, than by the Severity of Punishment, Clause TWO It is hereby further Enacted by the Authority aforesaid, That every Person or Persons by an Act made in the Fifth Year of the Reign of our late dread Sovereign Edward the Sixth King of England, etc. described to be a Forestaller, Engrosser or Regrator, shall be in this Island deemed and judged such an Offender; and every Person and Persons complained of, or informed against to be a Forestaller, Engrosser or Regrator by the said Statute of England, or by this or any other Statute of this Island, such Person or Persons shall be bound to appear at the Election of the Informer either to the General or any Quarter Sessions of this Island, An Informer to bind over an Offender to Quarter or Grand Sessions. in the Sum of Fifty Pounds Sterling, with Sureties in Twenty Pounds Sterling each. And if at the General or Quarter Sessions, such Person or Persons be found guilty of any the said Offences, 1st Offence, 30 l. for the first Offence such Person or Persons shall forfeit the Sum of Thirty Pounds Sterling; for the Second Offence he or they shall forfeit Sixty Pounds Sterling; 2d Offence, 60 l. 3d Offence, Pillory, and all his Goods and Chattels. and for the Third Offence shall be set on the Pillory, and there stand for the space of Two whole Hours, and also shall forfeit all the Goods and Chattels that he or they at the time of the Offence shall hold in their own Right; the one Moiety of all which Forfeitures to be to the Informer, or he or they that sueth for the same, and the other Moiety to the public use of this Island. And further, Informer to sue in St. Michael's Precincts, if, etc. it shall and may be lawful, to and for every Informer or Informers, for any the Offences aforesaid, to sue for any the said Forfeitures in the Court of Common Pleas held for the Precincts of St. Michael's in this Island. In which Suit, there shall be such Proceed as by the Act of Excise of this Island is appointed; in which also no Protection, Essoign or Wager of Law shall be allowed: And every Offence against this or any other Statute against Forestallers, Nusance. etc. shall be deemed and taken as a Nuisance against the weal public of this Island. Provided nevertheless, That none shall be twice punished for one Offence, Not to extend to our Market People. or that this Act or any thing therein contained, do and shall not extend to the Hucksters or Market People in this Island, who cell out Salt, Victuals and Provisions by small Quantities in the Market Towns of this Island only. Provided also, That it shall and may be lawful, to and for any Person or Persons who are to make Oath by this Act, and their Persuasions will not give him or them leave so to do, A Person scrupling to Swear, another may do it. to produce a sufficient Witness to testify the tenor of the Oath in this Act appointed, so as such Oath be taken and recorded as aforesaid. Clause III And it is further Enacted by the Authority aforesaid, That no Person or Persons whatsoever, after any Beef, Pork, Fish, Salt or other dead Victual or Provisions is brought on Shoar, or into any Harbour, Road or Creek of any part of this Island, shall buy and carry of the same or any part thereof, into any Ship, Sloop, Boat or other Vessel, with an apparent intent to Transport the same from this Island, None to transport Victuals hence. Loss of Ship and Goods. Upon the Penalty, Loss and Forfeiture of the Ship, Sloop, Boat or other Vessel, with all its Guns, Ammunition, Tackle, Furniture and Apparel, so seeming to carry the same of; together with the same Victuals or Provisions. And in case such Beef, Pork, Fish, Salt or other dead Victual be not discovered and seized before the same is sent from this Island, Than shall such Person or Persons as sent the same of, contrary to the intent of this Act, Five Pounds for every Barrel of Beef, Pork, 100 lb. of Fish, Salt, etc. conveyed of. Except Ships Provision. forfeit Five Pound Sterling for each Barrel of Beef, Pork, or Hundred of Fish, Salt or Hundred weight of other dead Victuals; the one Moiety of the said several Forfeitures to be to the Informer, the other to the public use of this Island, and to be recovered in manner aforesaid, unless the same be for the necessary use and provision of such Ship, Sloop, Boat or other Vessels Company and Passengers. Clause IV Lastly, It is Enacted and Appointed by the Authority aforesaid, That the Clerk of the Market of this Island for the time being, or his Deputy or Deputies, do from time to time take all due care, That this and all other the Acts aforesaid be duly observed; otherwise to prosecute the Offender or Offenders, upon the Penalty of losing his or their Offices or Places, The Clerk of the Market the Informer. who are hereby the Persons appointed to be the Informer or Informers, upon all or any of the Statutes aforesaid. Read and passed the Council, and consented to by His Excellency, the 29th of November, 1676. Read and passed the Assembly, Nemine contradicente, the 31st of October, 1676. Edwin Stead, Deputy Secretary. John Higginbothom, Cl. of the Assemb. Nᵒ 208. An ACT to prevent the breaking up and taking away of any Rocks or Stones in any part of the Sea or Sea-Shoar before this Island. Expired. Nᵒ 209. An ACT to burden those who have Rend, Charges and Profits issuing out of Lands and Negroes in this Island, to bear a proportion of Taxes. Obsolete. Nᵒ 210. An ACT to explain a Clause in the ACT, for establishing the Courts of Common Pleas within this Island. Preamble. WHereas by the said Act it is appointed, That the Chief Judge of each respective Court, shall command the appearance of Defendants in all Causes whatsoever, by Warrant under his Hand and Seal, which the Defendant is to be served with, or the same to be left at the Defendants House, as by the said Act appears. And whereas the respective Judges of this Island, to the end they might hold to one Form therein, have heretofore agreed upon the Method and Manner of the said Writ of Summons, and that after it had been duly served, as by the Act required, it should be returned into the Court from whence it issued. Notwithstanding which, the Courts have proceeded variously, some of them having made return of the said Summons, leaving only a Certificate thereof of the Officers with the Defendant, and others having made no Return, but left the Warrant of Summons with the Defendant. And for that the variety of the ways tending to one and the same effect, may not be construed to produce any error in the Proceed thereon, Clause I Be it Enacted by His Excellency, Sir Jonathan Atkins, Knight, Captain General, and Chief Governor of this and other the Charibbee-Islands, the Council and Assembly of this Island, And it is hereby Declared by the Authority aforesaid, That the Writs of Summons heretofore issued from any of the said respective Courts of this Island, and left in the Defendants Hands, and all such Writs of Summons as have issued from the Court of Common Pleas held for the Precincts of St. Michael's, etc. which have been returned, and notice left with the Defendant as aforesaid, shall be held good and lawful Summons in all causes for the time past; But for the future, the several Judges are to proceed according to the former Law. And for the avoiding Corruption and other Abuses that may be supposed to arise by reason of leaving the Original Writs of Summons with the Defendant, and no Copy or Copies thereof kept by the Judge, Clause TWO It is further Enacted by the Authority aforesaid, That the several and respective Judges in their several Precincts of this Island, Original Writs to be fairly entered in a Book before they be issued out. before the issuing out any such Writ, do cause the same to be fairly entered in a Book of Entries for that purpose, to be by them in their Respective Precincts kept. Read and passed the Council, and consented to by his Excellency, the same Day. Read and passed the Assembly, Nemine contradicente, the 29th of November, 1676. Edwin Stead, Deputy Secretary. John Higginbothom, Clerk of the Assembly. Nᵒ 211. An ACT for the securing the Possession of Negroes and Slaves. Expired. Nᵒ 212. A Repeal of an ACT, Entitled, An ACT for encouragement of the Manufacture of this Island. Obsolete. Nᵒ 213. Repealed by after Acts. An ACT for continuance of an ACT, Entitled, A Supplemental ACT to a former ACT for the better ordering and governing of Negroes. Nᵒ 214. An ACT appointing the Sale in open Market of Effects Attached for the Excise, the Parish Dues and Servants Wages. Preamble. WHereas the Custom of this Island hath been, That where Executions or Attachments have been levied upon Goods, Chattels or other Effects for the Satisfaction and Payment of Parish-Dues and Servants Wages, such Effects have been Appraised by Two Men of the same Parish; and if the Effects so Appraised, exceed the Debt and Charges, Than was the Parish or the poor Labourer constrained to pay the Overplus, and many times the Effects so Appraised, were valued at one Third more than the same could ever afterwards be sold for. For Remedy of which Inconveniences, Clause I Be it Enacted by his Excellency, Sir Jonathan Atkins, Knight, Captain General and Chief Governor of this and other the Charibbee-Islands, the Council and Assembly of this Island, And it is Enacted by the Authority aforesaid, That in all such Cases hereafter, where any Attachment is made, or Execution levied upon any Negroes, Goods, Chattels or other Effects that are Movables for the satisfaction of any Parochial Levy or Assessment imposed and laid for the use of the Parish, by the Mayor part of any Vestry of any Parish in this Island; or for the satisfaction of any Servant or Labourers Hire or Wages within the cognizance of a Justice of Peace, Effects when to be out-cryed and sold. That such Effects should be outcryed and sold within those Hours, and between the first Day of January, and the last of September in every Year, as is used by the Courts of Common Pleas (except for Labourers and Servants Wages; For which Markets shall continued all the Year,) and every Day in every Week in that time, shall be as a Market Day, if the Justice of Peace from whom the Execution issues, Outcries to be at the Market-Towns in the Precincts where Attached. or the Churchwarden who makes the Attachment shall so appoint. And such Out-cries to be at the Market-Towns for the Precincts where the Attachment is made, or Execution levied; And where the Party Debtor refuses to show such Effects as aforesaid, or the Officer as aforesaid cannot meet with such, Than it is and shall be in the Election of the Vestry of such Parish, or the Creditor as aforesaid, either to 'cause the Person of the Debtor to be taken into Execution, or to lay and levy the same upon his Lands or Buildings, if he have any; the which shall be out-cried as Chattels in the method by this Act appointed, upon Executions for want of Payment of the said Duty of Excise. Clause TWO And it is Declared by the Authority aforesaid, That where any Person or Persons buy any Effects aforesaid, at any the Markets aforesaid, and doth not pay for the same in the time used in the Courts of Common Pleas upon Sales made at Outcry, Penalty on Buyers not paying. Than shall such Buyer incur such Penalties and Forfeitures as are accustomed in the said Courts of Common Pleas: And where any Person or Persons are taken in Execution by force of this Act, Penalty on the Marshal suffering the Prisoner to go Abroad. It shall not be in the liberty or power of the Provost Marshal, or any other Officer of this Island, to suffer such Prisoner to go Abroad with any Keeper or without, upon Penalty of paying to the Creditor or Creditors, double the Debt and Charges for which such Debtor is taken in Execution, to be recovered by Action of Debt in any Court of Common Pleas in this Island; Unless it hap, That the Debtor breaks Prison, or that he go Abroad with the consent of the Creditor. And where the Body is in Prison as aforesaid, Estate of the Debtor liable to Attachment. any Estate that can be afterwards met with, either real or Personal, shall notwithstanding be liable to the Satisfaction of the Recovery and Charges. Clause III Also it is Enacted by the Authority aforesaid, That upon all Executions upon Judgements for want of Payment of the said Duty of Excise, Lands to be taken as Chattels for Payment of Debts. The Effects to be hereafter Attached thereon, be the same Lands, Tenements or Buildings, they shall be deemed and taken as Chattels, and shall be sold by Outcry to the Person or Persons that will give most for the same, at the place where the Buildings or Tenements are, or Lands lie. Which Outcry shall be in all respects as effectual to the Creditor or Buyer, as if there had been an Appraisment thereof; any Law, Usage or Custom to the contrary notwithstanding. Read, and passed the Council, and consented to by his Excellency, the 15th of March, 1676. Read and passed the Assembly, Nemine contradicente, the 21st of February, 1676. Edwin Stead, Deputy Secretary. John Higginbothom, Cl. of the Assemb. Nᵒ 215. An ACT for reviving and continuing an ACT, Entitled, An ACT for laying an Imposition on Wines and other Liquors Imported this Island; and another ACT, Entitled, An ACT to prevent Frauds and Concealments in the Payment of the Excise of this Island. Expired. Nᵒ 216. An ACT for continuance of divers ACTS of this Island. Expired. Nᵒ 217. Expired by the Commission. An ACT appointing what Freeholders shall be capable to Elect at the choosing of Representatives and Vestries for this Island. Nᵒ 218. An ACT for raising a Levy of Two Pounds of Sugar per Acre, and Five Pounds of Sugar per Negro. Obsolete. Nᵒ 219. Expired. An Explanatory ACT to the ACT of Vnder-writings and Arrests. BE it Enacted, etc. That hereafter no Warrant of Arrest shall be returnable in any Court of Common Pleas within this Island, but in the Precincts where the Parties Residence is generally known to be that is Arrested; and all Arrests otherwise shall be voided. Dated the 11th of July, 1677. Nᵒ 220. a ACT impowering Benjamin Middleton, Esquire, to cell his Estate for the Payment of his Debts. Preamble. WHereas Thomas Middleton, late of this Island, Esquire, Died seized of a considerable Estate in Land, and possessed of divers Negroes, Stock and many other Goods and Chattels of Value, and in his Life-time did contract very great Debts and Engagements upon himself and Estate, and by several Obligations and other Contracts, did entangle and encumber his said Estate: Which Encumbrances are now speedily like to fall upon the said Estate, and to tear the same in pieces, to the utter undoing of the said Benjamin Middleton, his Surviving Son and Heir. And whereas the said Thomas Middleton by his last Will and Testament, bearing Date the Fifth Day of December, Anno Dominia, One Thousand, Six Hundred, Seventy and Two, amongst other things therein mentioned, has made several Bequests, and given divers Annuities of Value chargeable upon all his said Estate, which are very great Burdens upon the same, and tend very much to the disenabling his Son Benjamin Middleton, whom he has appointed his sole Heir and Executor, to defray and dischage the many several Debts and encumbrances , wherewith he hath clogged the said Estate. And forasmuch as by the said Will, the said Thomas Middleton did make and appoint several Limitations of his said Estate, appointing divers Remainders to vest in others, in case his said Son Benjamin Middleton, should hap to dye without Issue of his Body lawfully begotten; the fatal Consequences whereof, are as followeth. That the said Benjamin Middleton for the prevention of the Ruin of the said Estate, hath been in disburse out of his own Estate the Sum of Four Thousand Pounds Sterling; he is disabled to cell all or part of the said Estate to raise Money for the satisfying of the many great Debts and Encumbrances aforesaid; which cannot be paid without the real Estate of the said Thomas Middleton be exposed to Sale: All which tend very much to the ruin of the said Benjamin Middleton and his Fortune in the World, and more especially the Creditor of the said Estate. For the speedy Prevention of all which Mischiefs and Inconveniences, and that he may be enabled to make any legal Sale of all or any part of the said Estate, to raise Money for the Payment of the said Debts, thereby to prevent many Law-Suits and Troubles which will inevitably fall upon the said Estate, and in the end prove very ruinous and destructive to the said Benjamin Middleton, his Posterity and Family. And to the end that any Person or Persons that hereafter shall and will come in and offer to purchase and buy all or any part of the said Estate and Premises, may be better encouraged thereunto. Clause I Be it Enacted by His Excellency, Sir Jonathan Atkins, Knight, Captain General and Chief Governor of this and other the Charibbee-Islands, the Council and Assembly of this Island, and by Authority of the same, It is hereby Enacted and Declared, That all and every part of the said Lands, Tenements, Hereditaments, Negroes and Premises, and all other the real Estate whatsoever mentioned and comprised in the last Will and Testament of the said Thomas Middleton, Esq. and limited as aforesaid, shall be ever hereafter, to all Intents, Constructions and Purposes in the Law vested and settled in the said Benjamin Middleton, Esquire, and his Heirs as a good, The Fee Simple to be vested in Benjamin the Son. perfect and indefeazable Estate in Fee Simple. Clause TWO And it is hereby further Declared and Enacted by the Authority aforesaid, That all Remainders and Reversions expectant upon the said Land and Premises, are for ever barred of their Claims and Demands; and also that the said Benjamin Middleton and his Heirs, Power to cell. are hereby enabled to make any Sale, Conveyance or other Disposition, of all or any part of the said Estate, Lands and Premises as aforesaid, to any Person or Persons that shall purchase or buy the same, for the better enabling the said Benjamin Middleton and his Heirs, to satisfy the said Debts and Encumbrances, and for the purposes and intents aforesaid; any Law, Custom or Usage to the contrary hereof in any wise notwithstanding. Provided nevertheless, Exceptions of Dower and Legacies. and it is the true intent and meaning of this Act, That nothing therein contained, shall prejudice or injure any Person whatsoever, that claims any Legacy or Annuity by the last Will and Testament of the said Thomas Middleton, Esquire, or his the said Thomas Middleton's Widow, in any Jointure, Dower or Legacy she can or may claim; or any other Person whatsoever, who claims any Right, Title or Interest to the said Estate of the said Benjamin Middleton, before the Death of the said Thomas Middleton, Esquire. Given under my Hand, the Second of October, 1677. Jonathan Atkins. Nᵒ 221. Expired by the Commission. An ACT for the more speedy Remedy in Distresses taken Damage feasant. Nᵒ 222. An ACT for reviving and continuing an ACT, Entitled, An ACT for laying an Imposition on Wines and other Liquors Imported this Island; and another ACT, Entitled, An ACT to prevent Frauds and Concealments in the Payment of the Excise of this Island. Expired. Nᵒ 223. Repealed by the Act made the 8th of August, 1688. An ACT to explain a Branch of a former ACT, for Ordering and Governing of Negroes. Nᵒ 224. An ACT for laying an Imposition on Wines and other Liquors imported this Island. Expired. Nᵒ 225. An ACT to enable Colonel William Bate to receive the Debts by him contracted relating to the Excise. Obsolete. Nᵒ 226. An ACT to continued the ACT of the Militia. Expired. Nᵒ 227. An ACT to revive and continued an ACT for allowance of a second free Entry of the dead Productions of this Island lost or taken, etc. relating to the Four and a half per Cent. Expired. Nᵒ 228. An ACT for the supply of a Strength of Labourers to the Repairing and finishing of Fortifications and Breast-works, and Building new ones, where occasion requires. Expired. An ACT to encourage the bringing of Christian Servants. Nᵒ 229. Expired by the Commission of Sir Jonathan Atkins. Nᵒ 230. A Supplemental ACT to the ACT of Excise. Expired. Nᵒ 231. An ACT for the better Regulating the manner of giving Tickets out of the Secretary's Office. Expired. Nᵒ 232. An ACT to continued the ACT of Militia. Expired. Nᵒ 233. An ACT for raising a further Levy to defray the Charge of Building, Rebuilding and Repairing our several Fortifications and Breast-works. Obsolete. Nᵒ 234. An ACT for the Supply of a further Strength of Labourers to the Repairing and finishing of Fortifications and Breast-works, and building new ones where occasion requires. Obsolete. Nᵒ 235. A Supplemental ACT to the late ACT for a further Supply of Labourers to the Repairing and Finishing Fortifications and Breast-works. Obsolete. An ACT to continued an ACT to prevent the People called Quakers from bringing Negroes to their Meetings. Nᵒ 236. Continued by Act in Sir Richard Duttons time for Six Months, and since Expired. Nᵒ 237. Repealed by Act made the 8th of August, 1688. An ACT to Repeal part of an ACT for continuance of an ACT for the better Ordering and Governing of Negroes. Nᵒ 238. An ACT to strengthen the Militia of this Island. Repealed. Nᵒ 239. An ACT to revive the Excise. Expired. Nᵒ 240. An ACT for the settling Six Acres and Thirty Perches of Land and Two Negroes in the Representatives of the Parish of , for maintaining Five poor People by the Gift of Mr. Philip Trowel. Preamble. WHereas Mr. Philip Trowel, of the Parish of in this Island, Planter, being well and charitably disposed, did by his Deed indented, bearing Date the Tenth Day of this instant April, settle and convey Six Acres of Land, and Thirty Perches, with its Appurtenances, lying and being in the said Parish of , and Island aforesaid; together with one Negro Man, and one Negro Woman therein named, to Nathaniel Kingsland and Richard Seawell, Esquires, the present Representatives of the said Parish of , and their Successors Representatives of the said Parish for ever, for or towards the Support or Maintenance of Five poor Decayed English Men of the said Parish, with full Power and Authority to settle and place such Five poor Men with other Powers and Authorities to them and their Successors given relating thereto; as by the said Deed, relation being thereunto had, doth and may appear. And to the intent so good and pious a Gift may take effect to all intents and purposes, as by the said Deed is intended, Clause I Be it therefore Ordained and Enacted, and it is hereby Ordained, Enacted and Declared by his Excellency Sir Jonathan Atkins, Knight, Governor in Chief of this Island, the Council and Representatives of this Island now Assembled, and by Authority of the same, That the said Six Acres and Thirty Perches of Land, with its Appurtenances and Negroes mentioned in the said Deed, bearing Date the said Tenth Day of this instant April, are fully and effectually conveyed and settled by the said Deed, according to the true intent and meaning thereof: And that the said Nathaniel Kingsland and Richard Seawell the present Representatives of the said Parish and their Successors, Representatives of the said Parish, are hereby Declared and Enacted to have full Power and Authority to take and hold by the said Deed for ever, Trust lodged in the Representatives for the uses of the Deed. to and for the Uses therein Declared: And that the said Deed is full and effectual for the Purposes thereby intended, and shall be so judged, deemed, taken and reputed. Dated the 15th Day of April, in the Year of our Lord, according to the computation of the Church of England, One Thousand, Six Hundred, Seventy and Five. Read and passed the Council, and consented to by His Excellency, the same Day. Read and passed the Assembly, Nemine contradicente, April the 15th, 1675. John Higginbothom, Cl. of the Assemb. Nᵒ 241. An ACT appointing a Committee for settling the public Accounts of this Island. Expired. Nᵒ 242. An ACT to continued the ACT of the Militia. Expired. Nᵒ 243. An ACT to revive and continued an ACT for binding out Apprentices. Expired. Nᵒ 244. An ACT to continued an ACT to prevent the breaking and taking away of any Rocks or Stones in any part of the Sea or Sea-Shoar before this Island. Expired. Nᵒ 245. An ACT to continued an ACT to burden those who have Rent-Charges and Profits issuing out of Land and Negroes in this Island, to bear a proportion of Taxes. Obsolete. Nᵒ 246. An ACT to continued the ACT of Excise. Expired. Nᵒ 247. An ACT for raising a Public Stock to discharge the Losses of Negroes suffering by appointment of Law. Expired. Nᵒ 248. Repealed by Act 260, which is Expired. An Additional ACT, to a ACT Entitled, An ACT for Allowance of a Second free Entry for the Dead Productions of this Island Lost or Taken, relating to the Four and a half per Cent. Nᵒ 249. An ACT for continuance of divers ACTS of this Island. Expired. Nᵒ 250. An ACT for raising a Levy to defray the Charge of Building, Rebuilding and Repairing our several Fortifications and Breast-works, and other Public Occasions. Expired. Nᵒ 251. An ACT for the better enabling the Executors of William Plumley, Deceased, to cell his Estate for the Payment of his Debts. Preamble. WHereas William Plumley, late of this Island Mariner, died seized of a considerable Estate in Lands and Negroes, and possessed of divers Stocks and other Goods and Chattels of Value and in his Life time, did contract very great Debts and Engagements upon himself and his Estate, and by several Obligations, Judgements and Mortgages, did entangle and encumber his said Estate; which Encumbrances are now speedily like to fall upon the said Estate, and to tear the same in pieces, to the utter undoing of his surviving Wife and Children. And whereas the said William by his last Will and Testament, bearing Date the 4th Day of February, 1675, amongst divers other things therein mentioned, has appointed and devised all or the greatest part of his Estate, to his Executors to be sold for the payment of his said Debts, and has made several Bequests to his younger Children for their Provision and Maintenance. And forasmuch as there is an absolute necessity, that his whole Estate, Interest and Premises, should be forthwith sold to raise Money for the satisfying and discharging the said Debts and Engagements, and making convenient and competent Provisions for the Wife and Children out of the Overplus after the Debts paid, in case any shall hap to be. But in regard some of the Executors and Devisees are yet in their Minority, and uncapable by Law to convey any good and sufficient Titles and Assurances to any Person or Persons that would purchase and buy the same, for the Purposes and intents aforesaid. And because there is great justice and equity that the Sale thereof should be speedily effected to hinder all Vexatious Lawsuits, Charges and other Troubles that will unavoidably fall upon the said Estate, the consequence whereof will absolutely ruin the Wife and Children. For the Prevention whereof, and to the end that all the just Debts of the said William Plumley may be truly and bona fide paid and satisfied, and the Wife and Children duly provided for, with competent Portions and Maintenance out of the overplus of the said Estate and Premises, in case any shall hap to remain according to the intent of the said William Plumley, and as is befitting all justice and equity. And also to the end That any Person or Persons who hereafter shall or will come in and offer to purchase and buy the said Estate and Premises may be encouraged thereunto, Be it Enacted by his Excellency, Sir Jonathan Atkins, Knight, Captain General and Chief Governor of this and other the Charibbee-Islands, the Council and Assembly, and by the Authority of the same, It is Enacted, That John Plumley, Paul Plumley and Sarah Plumley, Widow, and the Survivours or Survivor of them, shall have good Right, and hereby full power and authority is given and granted to them and the Survivours and Survivor of them, upon good and valuable considerations, whether for Money, Sugar, or other Goods and Commodities; To Grant, Bargain, Cell in Fee-simple or Fee-tail, or Demise, make Lease or Leases for Life or Lives or Years, and to make any other Disposition, Sale or grant of the whole or any part of the said Land, Negro, Stock and other the Estate, Interest, Right, Claim or Property that was belonging to the said William Plumley at the time of his Death; to any Person or Persons whatsoever. And it is further Enacted by the Authority aforesaid, That all and every, or any Grant, Bargain or Sale, or other Disposition that shall be so made by the said John Plumley, Paul Plumley and Sarah Plumley, and the Survivours or Survivor of them, of the Estate, Interest, Right, Title and Property aforesaid, either in the whole or by Parcels, either in Fee-Simple, Fee-Tail General or Special, Lease or Leases for Life, Lives or Years in Possession or Reversion, Shall be good and effectual in Law to all Intents and Purposes whatsoever, to any Person or Persons, their Heirs and Assigns, in as large and ample manner as the said William Plumley in his Life-time, might or could have done the same and not otherwise, according to the respective limitation of every such Estate or Estates, that shall upon good and valuable Considerations aforesaid, bona fide, purchase and buy the same: Any Law, Custom or Usage whatsoever to the contrary hereof in any wise notwithstanding. Provided this Act or any thing therein contained, shall not prejudice or injure the Right, Title or Interest of any Person or Persons whatsoever, that on the Day of the Date hereof, have any Claim, Right or Title to the Premises aforesaid, or any part thereof, either by any Act or thing done by the said William Plumley in his Life-time, or by any other ways or means, or by the Creditors of the said William Plumley, in case Payment be not made to them according to the Intent and Provision of this Act. It is also hereby further Enacted by the Authority aforesaid, That in case Payment be not made to the Creditors of the said William Plumley by his said Executors or their Appointment, That all or any part of the said Estate, shall be liable to the satisfaction thereof in the same manner, as if the said Estate had remained in the Possession of the said John, Paul, and Sarah unsold and undisposed of. And whereas all the foregoing Premises were passed into an Act on the 12th of July, 1676; but it has so happened, that Two Years are fully elapsed since the Date thereof, and has not received the King's Gracious Ratification to make it perpetual. And forasmuch as since the making the said Act, the Estate and Premises mentioned and intended therein, has been sold for very valuable considerations, for the ends and purposes designed by the said Act; And the Purchasers thereof have been chief encouraged thereunto by the indubitable Security of their Title, being grounded upon the said Act; but now the said Act being of no force, for want of his Majesty's Royal Confirmation as aforesaid. And forasmuch as some Contentious Persons may possibly hereafter arise and endeavour to overthrew the Title of the said Purchasers under the said Act; For Prevention whereof, and for the better quieting the Possessions and Titles of the said Purchaser or Purchasers that claim under that Act, Be it further Enacted by the Authority aforesaid, That all and every Person or Persons whatsoever, that since the Date of the said Act, have for valuable considerations, bona fide, bought and purchased all or any part of the said Estate and Premises mentioned and intended within the said Act, Shall by virtue of this present Act, have, hold and enjoy their said Purchases and Premises, according to the true purview and meaning of the said Act, against all manner of Persons whatsoever, as if the said Act were still in force, and confirmed by the King's Majesty as aforesaid; any Act, Law or Usage to the contrary hereof in any wise notwithstanding. And We His Majesty's Council and the Representatives of this Island, do humbly request your Excellency, as the Father of Orphans in this Island, to 'cause a due Distribution of the Surplusage of the said William Plumley's Estate, after his Debts are paid, to the Legatees, Widow and Children of the said Plumley, according to the purport of his last Will and Testament. And it is Enacted by the Authority aforesaid, That your Excellency have such Power by virtue of this Act, to 'cause the said Will in all respects to be performed, and at your Excellency's Discretion to cause Security accordingly to be given. Given under my Hand this 23d of January, 1678. Jonathan Atkins. Nᵒ 252. An ACT to continued the ACT of Excise. Expired. Nᵒ 253. An ACT to continued the ACTS of the Militia. Expired. Nᵒ 254. An ACT for the more effectual putting in Execution a Statute of England, Entitled, An ACT for preventing Danger which may hap from Popish Recusants. Preamble. WHereas by a late Statute of England, made in the Five and Twentieth Year of His Majesty's Reign, Entitled, An Act for preventing Dangers which may hap from Popish Recusants, It is Enacted, That all and every Person or Persons that shall bear any Office or Offices, Civil or Military, or shall receive any Pay, Salary, Fee or Wages by reason of any Patent or Grant, or shall have Command, or Place or Trust from or under His Majesty, or from any of his Majesty's Predecessors, or by his or their Authority, or by Authority derived from him or them, shall take the Oaths of Supremacy and Allegiance; and likewise make and subscribe a Declaration in the said Act expressed. And whereas the Laws and Statutes of England (save only such as have received alteration by the necessary Laws, Constitutions and Usages of this Island) do extend to this Place both in Privilege and Penalty, and are and aught to be here in full force. But for that also the times and Places set down in the said Act, for taking the said Oaths, and making the said Declaration, cannot here be observed and complied with. To the end therefore the said Statute may here take due effect, Be it Enacted by His Excellency, Sir Jonathan Atkins, Knight, Captain General, and Chief Governor of this and other the Charibbee-Islands, the Council and the Representatives of this Island, and by Authority aforesaid, It is Enacted, That all the Persons inhabiting or residing in this Island, that shall bear any Office or Offices, Civil or Military, or shall receive any Pay, Salary, Fee or Wages, by reason of any Patent or Grant from his Majesty, or shall have Command or Place of Trust, from or under His Majesty, or by Authority derived from him, as in the said Act is expressed, shall Personally be and appear in His Majesty's High Court of Chancery, or before the Governor and Council at their Public Sitting, or in any one of His Majesty's Courts of Common Pleas for this Island; and there in public and open Court, some time before the Tenth Day of April next ensuing, take the said Oaths, and make and subscribe the said Declaration following, Viz. I A. B. do declare, that I do believe, that there is not any Transubstantiation in the Sacrament of the Lord's Supper, or in the Elements of Bread and Wine, at or after the Consecration thereof by any Person whatsoever. And it is further Enacted by the Authority aforesaid, That what Person or Persons soever within this Island, shall hereafter be taken or admitted into any of the Office or Offices, Powers or Trust before mentioned, He and they shall within Two Months after such Admission, take the said Oaths, and make the said Declaration in manner aforesaid. And it is further Enacted by the Authority aforesaid, That all and every the Persons aforesaid, That shall neglect or refuse to take the said Oaths, and make the said Declaration as is before provided, shall incur and undergo the same Penalties and Forfeitures which are appointed by the said Statute to be recovered in the Court of Common Pleas where the Offender liveth. And Lastly, it is further Enacted by the Authority aforesaid, That it shall and may be lawful to and for the respective Courts aforesaid, to give and administer the Oaths aforesaid, to the Person or Persons aforesaid, in manner as aforesaid; and upon the due tender of any such Person or Persons to take the said Oaths and Declarations, The said Courts are hereby required and enjoined to administer the same, and keep a Register thereof. Given under my Hand, the 19th of February, 1678. Jonathan Atkins. Nᵒ 255. An ACT to revive and continued an ACT appointing a Committee for settling the public Accounts of this Island. Expired. Nᵒ 256. An ACT to revive and continued an ACT for securing the Possession of Negroes and Slaves. Expired. Nᵒ 257. An ACT for the speedy Collecting of all arrears of Levies of Sugar and Labour of Hands appointed by divers ACTS for the speedy Finishing the Fortificaions and Breast-works of this Island. Obsolete. Nᵒ 258. An ACT to revive and continued several ACTS of the Militia. Expired. Nᵒ 259. a ACT Repealing an ACT for allowance of a second free Entry of the dead Productions of this Island lost or taken, and relating to the Four and a half per Cent. Expired. Nᵒ 260. An ACT to continued an ACT for the better Regulating the manner of giving Tickets out of the Secretary's Office. Expired. Nᵒ 261. An ACT for destroying Wild Monkeys and Raccoons. Expired. Nᵒ 262. An ACT to revive and continued an ACT, appointing a Committee for settling the Public Accounts of this Island. Expired. Nᵒ 263. An ACT for raising a Levy to defray the Charge of Building, Repairing and Finishing the Leeward Fortifications and Breast-works, and other Public Occasions of this Island. Obsolete. Nᵒ 264. An ACT for the settlement of the Militia of this Island. Expired. Nᵒ 265. An ACT for settling an Impost on the Commodities of the Growth of this Island. Preamble. WHereas our late Sovereign Lord, Charles' the First of blessed Memory, did by his Letters Patent, under the great Seal of England, grant and convey unto James Earl of Carlisle, and his Heirs for ever, the Propriety of this Island of Barbados: And his Sacred Majesty that now is, having by Purchase invested himself in all the Rights of the said Earl of Carlisle, and in all other Rights which any other Person may claim from that Patent or any other, And thereby more immediately and particularly hath taken this Island into his Royal Protection. And His Most Excellent Majesty, having by Letters Patent under the great Seal of England, bearing Date the Twelfth of June, in the Fifteenth Year of his Reign, appointed His Excellency, Francis Lord Willoughby of Parham, Captain General, and Chief Governor of Barbados, and all the Charibbee-Islands, with full Power and Authority to Grant, Confirm and Assure to the Inhabitants of the same, and their Heirs for ever; All Lands, Tenements and Hereditaments under His Majesty's great Seal, appointed for Barbados and the rest of the Charibbee-Islands, as Relation being thereunto had, may and doth more at large appear. And whereas by virtue of the said Earl of Carlisle's Patent, divers Governors and Agents have been sent over hither, with Authority to lay out, set, grant or convey in Parcels the Lands within this Island, to such Persons as they should think fit; which was by them in their respective times, as much as in them lay accordingly performed. And whereas many have lost their Grants, Warrants and other Evidences for their said Lands, and others by reason of the ignorances' of those times, want sufficient and legal Words to created Inheritances in them and their Heirs; and others that never Recorded their Grants or Warrants; and others that can make no Proof of any Grants or Warrants they ever had for their Lands, and yet have been long and quiet Possessors of the same and bestowed great Charges thereon. And whereas the Acknowledgement of Forty Pounds per Head, and other Taxes and Compositions formerly raised to the Earl of Carlisle was held very heavy. For a full Remedy therefore for all the Defects afore related, and quieting the Possessions and settling the Tenors of the Inhabitants of this Island, Be it Enacted by his Excellency, Francis Lord Willoughby of Parham, etc. his Council and Gentlemen of the Assembly, and by the Authority of the same, That notwithstanding the Defects afore related, all the now Rightful Possessors of Lands, Tenements and Hereditaments within this Island, according to the Laws and Customs thereof, may at all times repair unto his Excellency for the full Confirmation of their Estates and Tenors; and than and there shall and may receive such full Confirmation and Assurance under His Majesty's great Seal for this Island, as they can reasonably advice or desire, according to the true intent and meaning of this Act. And be it further Enacted by the Authority aforesaid, That all and every the Payments of Forty Pounds of Cotton per Head, and all other Duties, Rents and Arrears of Rents, which have or might have been levied, be from henceforth absolutely and fully released and made voided; And that the Inhabitants of this Island, have and hold their several Plantations to them and their Heirs for ever, in free and common Soccage; yielding and paying therefore at the Feast of St. Michael every Year, (if the same be lawfully demanded) one Ear of Indian Corn to His Majesty, his Heirs and Successors for ever, in full and free Discharge of all Rents and Services for the future whatsoever; in consideration of the Release of the said Forty Pounds, and in consideration of the confirmation of all Estates in this Island as aforesaid; and in acknowledgement of his Majesty's Grace and Favour, in sending to, and appointing over us his said Excellency, of whose Prudence and moderate Government, we have heretofore had large experience, and do rest most assured thereof, for the future. And forasmuch as nothing conduceth more to the Peace and Prosperity of any Place, and the Protection of every Single Person therein, than that the Public Revenue thereof may be in some measure proportioned to the Public Charges and Expenses, and also well weighing the great Charges that there must be of necessity, in the maintaining the Honour and Dignity of His Majesty's Authority here, the public Meeting of the Sessions, the often Attendance of the Council, the Reparation of the Forts, the Building a Session's House and a Prison, and all other public Charges incumbent on the Government, do in consideration thereof, give and grant unto his Majesty, his Heirs and Successors for ever; And do most humbly desire your Excellency, to accept these our Grants; and we humbly pray your Excellency, That it may be Enacted. And be it Enacted by his Excellency Francis Lord Willoughby of Parham, Captain General and Chief Governor of this Island of Barbados, and all other the Charibbee-Islands, and by and with the Consent of the Council and the Gentlemen of the Assembly, Representatives of this Island, and by Authority of the same, That an Impost or Custom be from and after Publication hereof raised upon the Native Commodities of this Island, after the proportions, and in manner and form as is hereafter set down and appointed, That is to say, Upon all dead Commodities, of the Growth or Produce of this Island, that shall be shipped of the same, shall be paid to our Sovereign Lord the King, his Heirs and Successors for ever, Four and a Half in Specie for every Five Score. And be it further Enacted and Declared by the Authority aforesaid, That if any Goods , on which the said Custom is imposed and due by this Act, shall at any time hereafter be Shipped or put into any Boat or other Vessel, to the intent to be carried into any Parts beyond the Seas (the said Imposition due for the same, not paid, compounded for, or lawfully tendered to the Collectors or their Deputies, or not having agreed with the Commissioners for that purpose to be appointed, or their Deputies, for the same, according to the true intent and meaning of the said Act, That than, and from thenceforth, shall the said Goods be forfeit, the one Moiety thereof to be to our Sovereign Lord the King, and the other to him that shall Inform, Seize and Sue for the same, in any Court of Record within this Island. Which Grants are left to your Excellencies own way of Levying, in full Confidence and Assurance, That your Excellency will take such course for the collecting and gathering of the said Impost, without any Charge, Duty or Fees, as may be most for the ease of the People of this Island. Provided nevertheless, That neither this Act, nor any thing therein contained, shall extend, or be construed to bar his Majesty, or his said Excellency from his or their Right to any Land granted, or any Encroachments made upon the Sea, since the Year One Thousand, Six Hundred and Fifty, or to any Lands commonly called or known by the Name of The Ten Thousand Acres, the Merchant's Land granted by the late Earl of Carlisle or his Father, unto Marmaduke Rawden, Esquire, William Perkins, Alexander Banister, Edmond Forster, Captain Wheately and others their Associates, on certain Covenants and Conditions. Provided also, That the Growth and produce of the said Lands mentioned in the preceding Proviso, be not liable to any Tax, Impost or Custom imposed by this Act; any thing in the same seeming to the contrary notwithstanding. And be it further Enacted by the Authority aforesaid, That one Act made the Nineteenth Day of October, One Thousand, Six Hundred and Fifty, Entitled, An Act Importing the Customs imposed and granted by the Council and Gentlemen of the Assembly, to the Right Honourable Francis Lord Willoughby of Parham, Lord Lieutenant General of the Province of Carliola, and Governor of Barbados. As also his Lordship's Confirmation of the Right of the Inhabitants of this Island, to their several Estates, with the Tenure and Rent thereon created, be and is from henceforth Repealed, made voided, frustrate, of none effect, to all Intents, Constructions and Purposes whatsoever. Given under my Hand, this 12th Day of September, 1663. Signed, Fran. Willoughby. Nᵒ 266. An ACT concerning Replevins. Expired. Nᵒ 267. An ACT to revive and continued an ACT appointing a Committee for settling the public Accounts. Expired. Nᵒ 268 Expired An ACT to continued divers ACTS of this Island. Nᵒ 269. An ACT for a Supply of a further Strength of Labourers to the Repairing and Finishing of Forts and Fortifications, and building new ones where occasion require, and raising Money for defraying the necessary Charges thereof. Obsolete. Nᵒ 270. An ACT appointing a Committee for settling the public Accounts of this Island. Expired. Nᵒ 271. An ACT to revive and continued divers ACTS of this Island. Expired. Nᵒ 272. Expired. An ACT to revive and continued an ACT, Entitled, An ACT for taking of the Eighty Days after Execution for future Contracts. BE it Enacted by His Excellency, Sir Richard Dutton, Knight, Captain General, and chief Governor of this and other the Charibbee-Islands, the Council and Assembly of this Island, and by Authority aforesaid, That an Act bearing Date the Five and Twentieth Day of March, One Thousand, Six Hundred, Seventy and Five, Entitled, An Act for taking of the Eighty Days after Execution for future Contracts, and all and every the Powers, Authorities, Clauses, Sentences, Penalties and Prouisoes therein contained, Be and is hereby Declared to be revived and in force, from and immediately after the expiration of the said Act, and shall continued and have their full strength, according to the true intent and meaning thereof, and shall be so adjudged, deemed and taken to all Intents and Purposes whatsoever, except only such Executions as are already issued upon any Judgement obtained since the Three and Twentieth Day of January last, and until the Date of this present Act, and not otherwise. Given under my Hand the Fifth Day of July, 1681. Signed, Richard Dutton. Nᵒ 273. An ACT to revive and continued an ACT appointing the Sale in open Markets of Effects attached for the Excise, the Parish Dues, and Servants Wages. And a Declarative ACT, upon the ACT making Negroes Real Estate. Obsolete. Nᵒ 274. An ACT for computing the Arrears of Public Levies into Money. Obsolete. Nᵒ 275. An ACT to revive and continued divers ACTS of this Island. Expired. Nᵒ 276. An ACT for the raising a Levy for the better defraying some Public Occasions. Obsolete. Nᵒ 277. An ACT to confirm the Lease of Fontabell to his His Excellency Sir Richard Dutton, Knight, Governor of this Island. Expired▪ Nᵒ 278. An ACT to revive and continued an ACT, appointing a Committee for settling the Public Accounts of this Island. Expired. An ACT appointing Read Coats to be worn by all the Foot Militia of this Island. Nᵒ 279. Provided for in the Act of Militia. Nᵒ 280. An ACT to revive an ACT, Entitled, An ACT for the settlement of the Militia of this Island. Expired. Nᵒ 281. An ACT for the destroying Wild Monkeys and Raccoons. Expired. Nᵒ 282. An ACT to revive and continued an ACT, Entitled, An ACT for the settlement of the Militia of this Island. Expired. Nᵒ 283. An ACT for the better Regulating the manner of giving Tickets out of the Secretary's Office. Preamble. WHereas sundry Persons have of late departed this Island to Jamaica, the Leeward Islands, and other new Settlements, and left behind them their Wives and Children, many of which are, and others may become burdensome to the Parishes they are left in: To Prevent which Inconveniency, and to the intent no such Person may hereafter so departed this Island, It is Enacted by His Excellency, Sir Richard Dutton, Knight, Captain General and Governor in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That from and after Publication hereof, no such Person shall be admitted to a Ticket from the Secretary to departed this Island, Unless he bring from some Justice of the Peace, a Certificate to the Secretary, A Certificate to the Secretary. that he well knows him, or that Proof is made by Oath before him, that he is a single Man, and commonly reputed as such, and hath no charge of Children: Or if he hath Wife and Children in this Island, that he is Owner of a competent Estate sufficient in this Island for their Maintenance, or hath given good Security to some of the Justices of the Peace of the Parish where he lives, That his Wife and Children, or any of them, shall not hereafter become a Burden or Charge to the said Parish, or any other Parish of this Island. And the Secretary or his Deputy officiating in the said Office, is required not to issue any Ticket to any Person without such Certificate, upon pain of answering the Damage of such Parishes as shall suffer thereby. Given under my Hand, this Fourteenth Day of July, 1682. Signed, Richard Dutton. Nᵒ 284. An ACT to encourage the bringing of Christian Servants, and to prevent their running away, or being sent of this Island. Expired. Nᵒ 285. An Additional ACT to an ACT, Entitled, An ACT for a Levy on Land and Negroes to discharge the necessary Debts, and for providing for the security of this Island. Obsolete. Nᵒ 286. An ACT appointing the Sale in open Markets of Effects attached for Arrears. Preamble. WHereas the Custom of this Island hath been, That where Executions or Attachments have been levied upon Goods, Chattels or other Effects for the Satisfaction and Payment of Parish Dues, and Servants Wages, such Effects have been Appraised by Two Men of the same Parish; and if the Effects so Appraised, exceed the Debt and Charges, than was the Parish or poor Labourers constrained to pay the Overplus, and many times the Effects so Appraised, were valued at far more than the same could ever afterwards be sold for. To Remedy which Incoveniency, Clause I Be it Enacted by his Excellency, Sir Richard Dutton, Knight, Captain General and Governor in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That in all Cases hereafter, How Effects are to be levied and outcryed. where Attachments are made, or Execution levied upon any Negroes, Goods, Chattels or other Effects that are Movables, for the Satisfaction of any Parochial Levy or Assessment imposed and laid for the use of the Parish, by the Mayor part of any Vestry of any Parish in this Island, or for the satisfaction of any Servants or Labourers Hire or Wages, within the Cognizance of any Justice of the Peace, such Effects shall be outcryed, and sold within those Hours, and between the first Day of January, and the last of September in every Year, as is used by the Courts of Common-Pleas, (except for Labourers or Servants Wages, for which Markets shall continued all the Year) And every Day in every Week in that time shall be as a Market-Day, if the Justice of Peace from whom the Execution issues, or the Churchwarden who makes the Attachment shall so appoint. And such Out-cries to be at the Market-Towns for the Precincts where the Attachment is made, or Execution levied. And the Charge and Trouble of the Carriage, or driving the attached Effects of Movables to Market-Towns, and the Out-cries shall be paid, and fully recompensed to the Churchwardens or Constables, or those that attend them or their Deputies, out of the attached Effects of the Debtor or Offender. And where any Disputes arise relating to the Charge of Carriage, The same shall be ended and determined by some Justice of the Peace in the Parish where the Attachment was made; And where the Party Debtor refuseth to show such Effects as aforesaid, or the Officer aforesaid cannot meet with such, Than it is and shall be in the Election of the Vestry of such Parish, or the Creditor aforesaid, either to 'cause the Person of the Debtor to be taken in Execution, or to lay and levy the same upon his Lands or Buildings, if he have any; the which shall be outcryed as Chattels, in the Method by this Act appointed upon Executions for arrears of Excise. Clause TWO And it is Declared by the Authority aforesaid, That where any Person or Persons buy any Effects as aforesaid, The Buyers not paying, to incur such Penalties as are appointed in the Court of Common Pleas. at any the Markets aforesaid, and doth not pay for the same in the time used, in the Courts of Common Pleas upon Sales made at Outcry, Than shall such Buyer incur such Penalties and Forfeitures, as are accustomed in the said Courts of Common-Pleas. And where any Person or Persons are taken in Execution by force of this Act, It shall not be in the Liberty or Power of the Provost Marshal, or any other Officer of this Island, to suffer such Prisoner to go Abroad with any Keeper or without, upon Penalty of paying to the Creditor or Creditors, double the Debt and Charges for such Debtor is taken in Execution, to be recovered by Action of Debt in any Court of Common-Pleas in this Island, unless it happens, that the Debtor breaks Prison, or he go Abroad with the Consent of the Creditor. And where the Body is in Prison as aforesaid, any Estate that can afterwards be met with, either Real or Personal, shall notwithstanding be liable to the satisfaction of the Recovery and Charges. Clause III Also it is Enacted by the Authority aforesaid, That upon all Executions upon Judgements for want of payment of the Arrears of the said Excise, the Effects to be hereafter Attached thereon (be the same Lands, Tenements or Buildings) they shall be deemed and taken as Chattels, and shall be sold by Outcry to the Person or Persons that will give most for the same, at the Place where the Buildings or Tenements are, or Lands lie; which Outcry shall be in all Respects as effectual to the Creditor or Buyer, as if there had been an Appraisment thereof: Any Law, Usage or Custom to the contrary notwithstanding. Read and passed the Council, and consented to by His Excellency, this 12th of July, 1682. Read and passed the Assembly, this 11th of July, 1682, Nemine contradicente. Edwin Stead, Deputy Secretary. Richard Cartwright, Cl. of the Assemb. Nᵒ 287. An ACT for raising moneys to the Fortifications of this Island, and for other Services of His Majesty. Obsolete. Nᵒ 288. An Additional ACT, to a ACT Entitled, An ACT for the Raising moneys for the Fortifications of this Island, and other Services of His Majesty. Obsolete. Nᵒ 289. An ACT for the regulating the Gage of Sugar Cask. Expired. Nᵒ 290. An ACT to revive and continued an ACT, Entitled, A Supplemental ACT to a former ACT for the better Ordering and Governing of Negroes; and an ACT Entitled, An ACT for the securing the Possession of Negroes. Expired. Nᵒ 291. An ACT to revive and continued an ACT appointing a Committee for settling the Public Accounts of this Island. Expired. Nᵒ 292. An ACT for a Levy upon Windmills. Obsolete. Nᵒ 293. An ACT for the further acommodation of his Excellency in his intended Voyage. Obsolete. Nᵒ 294. An ACT to continued an ACT, appointing a Committee for settling the Public Accounts of this Island. Expired. Nᵒ 295. An ACT for the ascertaining the Bounds of the several Parishes, and enclosing the Church-Yards within this Island. Clause I FOr ascertaining the Bounds of the Parishes of this Island, Be it Enacted by his Excellency Sir Richard Dutton, Knight, Captain General, and Governor in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That where the Line or any part of the Line between Parish and Parish is obscure and doubtful, Lines how to be run out. in such Case the Churchwardens of either of the said Parishes concerned, may apply themselves to the Governor of this Island for the time being, who is hereby to grant an Order unto Two of the next Justices of the Peace, that neither live, nor have Land in either of the said Parishes, thereby commanding them to 'cause so much of the said Line as is doubtful, to be run out by some able Sworn Surveyor or Surveyors: And the said Justices are hereby impowered and required to issue out their Warrant to the Churchwardens of the said Parishes, to appear at a Place and Time, certain to see such Line laid out; and also to such Surveyor or Surveyors, as the said Justices shall think fit, requiring him or them to come at the said Time and Place to run out the said Line; And the said Justices are also authorised to Summon all such Evidences they shall judge convenient, for clearing upon Oath any Doubts or Matters concerning the said Line; which Oath the said Justices have hereby full power to administer. Clause TWO And be it further Enacted, That the Charge of running out the said Lines, The Charge to be born by both Parishes. shall be born by both the said Parishes in such proportion as the said Justices with regard to the clearness of the Right on either side, shall appoint and determine; and if any Evidence or Witness shall fail to appear according to Summons, so that by this means the Matter in Controversy cannot be decided; The said Justices may appoint another Meeting for that Purpose, at the Charge of the Witness or Witnesses so failing, to be levied, in case of Nonpayment, by Warrant of Execution from the said Justices, as in case of Servants Wages. And where by virtue of the Line or Lines so run as aforesaid, any Parish obtains an increase of Land, by taking in any Plantation or Parcel of Land into the said Parish, which was not formerly accounted appurtenant, or part of the said Parish, and paid Deuce thereunto; Such Lands shall be from thenceforward obliged to pay its proportion of all Parochial Taxes and Duties which shall be levied or raised in that Parish it becomes a Member of, Parochial Taxes to be paid in the P●rish where the Land ●●es, and to be discharged from the other Parish. by reason of the said Survey, and be freed from all Arrears whatsoever: And the Owner thereof shall be Released or Discharged out of the Parish Books where it was formerly reputed to be, or paid for so much Land as he is charged for in the other Parish as aforesaid. And whereas the Church-Yards in the several Parishes in this Island, do for the most part want a sufficient and substantial enclosure, Clause III Be it Enacted by the Authority aforesaid, That the Churchwardens and Vestries of the respective Parishes, shall take order with all convenient speed for making a good Wall or Pale, Church-Yards to be enclosed. or other decent and strong Fence about all Parts of the Churchyards belonging to each Parish, with good Gates or other Passages into the same. And the said Vestries have power by this Act to lay such Levies and Taxes upon their respective Parishes, as shall be needful to this purpose; which shall be collected in the same manner, and by the same Authority as all other Parish Levies are. Passed the Assembly, the 16th of March, 1682. Given under my Hand, this 16th of March, 1682. Richard Cartwright, Clerk of the Assembly. Richard Dutton. Nᵒ 296. An ACT for laying an Imposition on Wines and other Liquors imported this Island. Expired. Nᵒ 297. An ACT to revive an ACT, Entitled, An ACT for the Settlement of the Militia of this Island. Expired. Nᵒ 298. An ACT appointing a Committee for settling the Public Accounts of this Island. Expired. Nᵒ 299. An ACT for holding a Court of Grand Sessions, Oyer and Terminer, general Goal Delivery, and Commission of the Peace in this Island. Repealed. Nᵒ 300. An ACT for more speedy Remedy in Distresses taken Damage pheasant, and Trespasses done by Horses, , and other living Chattels. Preamble. WHereas it hath been taken into consideration, that frequently very Costly, and sometimes very Tedious Suits at Law do hap upon Replevins of Distresses pretended to be taken Damage pheasant, when indeed the Damage hath been little or nothing, and the Distress detained rather to vex and charge the Owner by forcing him to sue Replevin, Than for any Harm done, or Satisfaction hoped thereby, and sundry Evils tending to the impoverishment of the poorer sort, are observed to follow the same. To Prevent the like for the future, and that the Owner of the Distress may not be injured by too long detention thereof, nor the other Party for want of due Satisfaction, and both have Right with the greatest speed, ease and equity, and with the lest Cost that may be, Clause I It is hereby Ordained and Enacted by His Excellency Sir Richard Dutton, Knight, Captain General and Chief Governor of this and other the Charibbee-Islands, and by Authority of the same, That any Person or Persons that shall have any his Horses, or other living Chattels of what kind soever, taken Damage pheasant, or so pretended to be, may repair to the next Justice of the Peace, A Justice to grant a Summons. who is hereby required and impowered upon complaint and request of the Owner, to grant a Warrant to Summons the other Party before him, To accord them. to answer the said Complaint; And if upon hearing the matter, and what shall be said on either side, If not Three Men to view and appraise. he the said Justice cannot accord the Parties, Than grant a Warrant directed to Three of the Neighbouring Freeholders', them requiring, or any Two of them, to view and appraise the Damage: Upon return whereof, An Oath. and Oath made by the Appraisers to the said Appraisment; as also Proof made of the payment or tender of what the Damage was appraised unto; which the said Justice hath hereby full power to Administer. Or if the Party detaining, shall not on Summons appear, or deliver the Goods detained, That than the Justice aforesaid shall issue a Warrant instead of a Replevin, to the next or any other Constable of the Parish, To redeliver the Distresses. where the Distress was taken, him requiring and commanding the said Distress to take, and the same deliver and restore to the Complainant. Any Law or Custom heretofore used to the contrary in any wise notwithstanding. Clause TWO And it is further Enacted by the Authority aforesaid, That if the Party distreining, or any other Person shall to frustrate the effect of this Act, or so convey away such Distress, that the Constable cannot make deliverance according to his Warrant, If the deliverance of the Distresses hindered, the Offenders Person to be Arrested. In such case the Constable shall take such Offender and bring him before the said Justice, to whom if it appear he hath so done, The said Justice shall 'cause Chattles of the Parties, to the value, to be taken and delivered the Complainant, or in want thereof, To lie in Goal till be redeliver. shall commit the Offender to Prison there, to remain until the said Distress may be taken, and deliverance made by the Constable as aforesaid. And it shall be lawful for the Justice or his Clerk to receive and take for each Warrant Six Pence in Money, and for each Replevin Twelve Pence in Money. Clause III Provided always, and it is the true intent and meaning hereof, that in case of Distresses for Rent, If he or they dispute of Title. or pretence of Title, where the Distress is taken, or upon pleading Property to the Goods so distreined, That than the power hereby given the said Justice of the Peace is immediately to cease, The Justice's power to cease. To be tried at Common Law. and the Replevin to issue from the Common Law, where the same matter in difference is to be decided and not otherwise. Clause IV And be it further Enacted by the Authority aforesaid, That if any Person or Persons pleading property as aforesaid, doth not upon the Trial of the Cause make good the same, the said Court, where such Trial is had, Triple Cost. shall tax triple Cost against the Person so failing as aforesaid. Any Law to the contrary notwithstanding. Read and passed the Council, and consented to by his Excellency, the 10th Day of December, 1684. Read and passed the Assembly, the 9th Day of December, 1684, Nemine contradicente. Edwin Stead, Deputy Secretary. Richard Cartwright, Clerk of the Assembly. Nᵒ 301. An ACT to revive an ACT, Entitled, A Supplemental ACT to a former ACT for the better Ordering and Governing of Negroes. Expired. Nᵒ 302. An ACT to continued an ACT, Entitled, An ACT for the settlement of the Militia of this Island. Expired. Nᵒ 303. An ACT to empower Attorneys to confess Judgement upon particular Warrants. Preamble. WHereas it has been a usual and lawful Practice for many of the Inhabitants of this Island, to confess Judgement by Warrant of Attorney directed to some one of the Attorneys of his Majesty's Courts of Common Pleas, therein warranting and desiring them, to appear before a certain Judge, naming the said Judge of his Majesty's Court of Common Pleas held for a certain Precinct of this Island, there before such Judge to confess Judgement, etc. And whereas it hath lately happened by Death and Removal of the Honourable the Judges of this Island, from one Court to another, into other Precincts than where they lived at the time of giving such Warrant as aforesaid; it becomes impossible directly for the Attorney to pursue such Warrant, although the true intent and meaning thereof is only relating to the Judgement, and not the precise manner of doing the same. And whereas many Inconveniences may thereby arise, in as much as Debtors under those circumstances may either dispute or avoid their Judgements so to be confessed as aforesaid: For prevention of which Inconveniency, Clause I Be it Enacted by his Excellency Sir Richard Dutton, Knight, Captain General, and Governor in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That in such Case where any of the Attorneys of his Majesty's Courts of Common Pleas in this Island, have such Warrants of Attorney directed to them, to confess Judgement before such Judge, that is since the giving of the same, dead or removed from the Precincts where he was Judge at the time, Attorneys to confess Judgement before the Judge of the Precincts, notwithstanding the death or removal of the former Judge. It shall and may be lawful for such Attorney or Attorneys by virtue of such Warrant as aforesaid, to confess Judgement for such Sum or Sums of Money or Sugar, as in the said Warrant is contained, before the present Judge of that Precinct where the Judgement is to be confessed, by virtue of such Warrant. Which said Judgement so to be confessed as aforesaid, The Judgement to be effectual. shall be as firm and binding, and as good and effectual in Law, as if the same had been confessed before the Judge named in the said Warrant. And the Attorney indemnified. And the Attorney or Attorneys so confessing Judgement by virtue of such Warrant, is hereby indemnified in so doing: Any Law, Custom or Construction to the contrary notwithstanding. Passed the Council, and consented to by His Excellency, the 19th of March, 1684. Passed the Assembly the 19th of March, 1684. Nᵒ 304. a ACT impowering the Committee of Public Accounts to Collect the Arrears of Labourers. ●●●●●ed. Nᵒ 305. An ACT to revive and continued an ACT for the destroying of Wild Monkeys and Raccoons. Expired. Nᵒ 306. How Pirates and Felonies done upon the Sea shall be tried and punished. Preamble. FOrasmuch as several Colonies and Plantations belonging to our most Gracious Sovereign King Charles the Second in America, have been lately infested by a dangerous sort of People called Pirates, who are not only Enemies to them of His Majesty's Settlement, but of all Mankind: And for that the Persons said to be Pirates, are most commonly Thiefs, Robbers, Murderers and Man-slayers, and other Misdoers contrary to the known Laws. And to the intent that all such that shall be taken in or about this Island, or brought Prisoners hither, may be proceeded against according to the Statute made in the Twenty Eighth Year o● ●●●ry the Eighth, Declaring and Enacting how Pirates on the Seas shall be Tried and Punished. Clause I Be it therefore Enacted by his Excellency, Sir Richard Dutton, Knight, Captain General, and Governor in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That whatsoever Person or Persons that are or shall be taken, sent or brought to this Island Prisoners, for having committed Treason, Felonies, Piracies or other Offences upon the Seas, or in any Creek, Haven or Bay in or about this Island, shall be inquired, heard, tried and determined in this Island, in such Form and Manner, as if such Offences had been committed, perpetrated and done upon the Land, Treason, Piracy, etc. to be tried as Offences at Land. by virtue of a Commission under His Majesty's Seal appointed for this and other the Charibbee-Islands, signed by His Majesty's Governor or Commander in Chief here for the time being, impowering one Person to be chief Judge, together with Five or more substantial Persons by him in the said Commission to be appointed, to hear, try and determine the Offences aforesaid, after the common course of the Laws of the Kingdom of England. And such as shall be convicted of any such Offence or Offences, by Verdict, Confession or Process, by Authority of any such Commission, shall have and suffer such Pains of Death, Loss of Lands Goods and Chattels, as if they had been attainted and convicted of any such Crimes and Offences done upon the Land: Any Law or Statute to the contrary notwithstanding. Read, and passed the Council, and consented to by his Excellency, this 10th Day of December, 1684. Read and passed the Assembly, this 10th Day of December, 1684, Nemine contradicente. Edwin Stead, Deputy Secretary. Richard Cartwright, Cl. of the Assemb. Nᵒ 307. An ACT to raise a Sum of Money to farm the Duty of Four and a Half per Cent. upon Commodities of the Produce of this Country Exported this Island. Obsolete. Nᵒ 308. An ACT for laying an Imposition on Wines and other Liquors imported this Island. Expired. Nᵒ 309. An ACT to confirm the Lease of Fontable, unto His Excellency Sir Richard Dutton, Knight, etc. Expired. Nᵒ 310. a ACT impowering the Committee of Public Accounts to collect the Arrears of Labourers. Expired. Nᵒ 311. An ACT to revive and continued divers ACTS of this Island. Expired. Nᵒ 312. An ACT for a Levy upon Negroes. Obsolete. Nᵒ 313. An ACT for the Governing and Retaining within this Island, all such Rebels Convict, as by His Majesty's most Sacred Order or Permit, have been, or shall be Transported from his European Dominions to this Place. Repealed by Act 354. Nᵒ 314. An ACT appointing a Treasurer of this Island. Obsolete. Nᵒ 315. An ACT appointing a Committee for settling the Public Accounts of this Island Expired. Nᵒ 316. An ACT to continued an ACT, Entitled, An ACT for laying an Imposition on Wines and other Liquors imported this Island. Expired. Nᵒ 317. An ACT to revive and continued divers ACTS of this Island. Expired. Nᵒ 318. An ACT for laying an Imposition on Wines and other Strong Liquors imported this Island. Expired. Nᵒ 319. An ACT for laying a Duty on Shipping for the Building of Peers, and clearing the Bar in Carslile Road. Repealed by Act 430. Nᵒ 320. a ACT impowering a Committee to Collect the Laws. Expired. Nᵒ 321. To the Right Honourable Edwin Stead, His Majesty's Lieutenant Governor and Commander in Chief of this and other the Charibbee-Islands; A Present to him of One Thousand Pounds Sterling. Nᵒ 322. An ACT to revive and continued divers ACTS of this Island. Expired. Nᵒ 323. An ACT to continued an ACT, Entitled, An ACT impowering a Committee to Collect the Laws of this Island. Expired. Nᵒ 324. An ACT to revive and continued an ACT appointing a Committee for settling the Public Accounts of this Island. Expired. Nᵒ 325. An ACT for laying an Imposition on Wines and other Strong Liquors imported this Island. Expired. Nᵒ 326. An ACT to confirm the Lease of Fontabell, to the Honourable Edwin Stead, Esquire. Expired. Nᵒ 327. An Additional and Explanatory ACT to an ACT, Entitled, An ACT for the Governing of Servants, and Ordaining Rights between Masters and Servants. Preamble. WHereas many Disputes have arisen, whether Servants, Labourers and Artificers, and all Persons that by an Act for good governing of Servants, and Ordaining the Rights between Masters and Servants, may recover their Wages and Debts arising for Work done against the Executor or Administrator, before a Justice of the Peace, as well as they might have recovered the same, against the Testator or Intestate in their Life-time. For Removing of which Doubts and Disputes, Clause I Be it Enacted and Declared by the Right Honourable Edwin Stead, His Majesty's Lieutenant Governor, and Commander in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by the Authority of the same, An Executor or Administrator to be Sued for Wages before a Justice as Testator or Intestate. That all Persons that by Virtue of the said Act, may Sue the Testator or Intestate before a Justice of the Peace, shall have the like Remedy against the Executor or Administrator. And whereas it is by the said Act provided, that the Debt or Duty recoverable before a Justice of the Peace, shall not be above the Sum of Four Thousand Pounds of Sugar; so that the Balance of an Account often falls within that Sum, when the Debt is much beyond it. Clause TWO Be it therefore Declared and Enacted by the Authority aforesaid, That all Persons, The Balance 4000 Pound of Sugar, or 25 Pound to be cognizable. the Balance of whose Accounts for Wages or Work done, doth not exceed the value of Four Thousand Pounds of Sugar, or Five and Twenty Pounds Sterling, may Sue before the Justice of the Peace, as by the Act aforesaid is appointed. And the said Justice of the Peace hath hereby full power to consider of the Value of the Materials, that any Artificer upon Contract have made use of, together with their Labour not exceeding the Sum aforesaid, as well as by the said Act they may do of their Labour only: Any Law or Usage to the contrary notwithstanding. Eodem Die Passed the Council, and consented to by the Lieutenant Governor. Passed the 15th Day of May, 1688. Nᵒ 328. An ACT to revive and continued divers ACTS of this Island. Expired. Nᵒ 329. An ACT for the Governing of Negroes. Preamble. WHereas the Plantations and Estates of this Island cannot be fully managed, and brought into Use without the Labour and Service of great Numbers of Negroes and other Slaves: And for as much as the said Negroes and other Slaves brought unto the People of this Island for that purpose are of barbarous, wild and savage Natures, and such as renders them wholly unqualified, to be governed by the Laws, Customs and Practices of our Nations. It therefore becoming absolutely necessary, that such other Constitutions, Laws and Orders, should be in this Island framed and Enacted for the good regulating and ordering of them, as may both restrain the Disorders, Rapines and Inhumanities' to which they are naturally prove and inclined, with such Encouragements and Allowances as are fit and needful to their Support, that from both this Island through the Blessing of God thereon, may be preserved, His Majesty's Subjects in their Lives and Fortunes secured, and the Negroes and other Slaves be well provided for, and guarded from the Cruelties and Insolences of themselves or other ill-tempered People or Owners. To which purpose, Be it Enacted and Ordained by the Right Honourable Edwin Steed, his Majesty's Lieutenant Governor, and Commander in Chief of this and other the Charribee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That no Master Mistress, Commissioner or Overseer, of any Family in this Island, shall give their Negroes or other Slaves leave on Sabbath-Days, Holy-Days or any other time, to go out of their Plantations, except such Negro or other Slave as usually wait upon them at Home or Abroad, and wearing a Livery, And no other Negro or Slave, except with a Ticket under the Master or Mistress Hand, or some other Person by his or her appointment, specifying the time allowed for his or her return, upon pain of forfeiting for every Negro or other Slave so licenced to go Abroad, Two Shillings, and Six Pence Sterling, half of the said Fine to be to the Informer, and the other to the public Treasury. And if any Master, Mistess, Commssioner or Overseer of a Plantation shall found any Negro, or other Slave in their Plantation at any time, without a Ticket or Business from his said Master and doth not apprehended them, or endeavour so to do, and having apprehended them, shall not punish them with a Moderate Whipping, shall forfeit Ten Shillings Sterling, to be disposed of as aforesaid. And for that as it is absolutely necessary to the safety of this Place, That all due care be taken to restrain the Wander and Meetings of Negroes and other Slaves at all times, more espcially on Saturday Nights, Sundays and other Holy-days, and their using, and carrying of Clubs, Wooden-Swords, or other mischievous and dangerous Weapons, or using or keeping of Drums, Horns, or other loud Instruments, which may call together, or give Sign or Notice to one another of their wicked Designs and Purposes; and that all Masters, Overseers, and others may be encouraged and enjoined diligently and carefully to prevent the same, Be it Enacted by the Authority aforesaid, That it shall be lawful for all Masters, Overseers, and other Persons whatsoever, to apprehended and take up any Negro, or other Slave that shall be found out of the Plantation of his, or their Master or Owner, at any time, especially on Saturday Nights, Sundays or other Holy-days not being on lawful business, and with a Letter from their Master, or a Ticket, or not having a white Man with them (except only such Negroes or other Slaves as usually attend their Masters, and have on a Livery) and the said Negro or other Slave or Slaves, correct by a moderate Whipping; and after Notice given to their Master, Owner or Overseer, him or them detain, until the said Master, Owner or Overseer pay to the said Person that took him up, Two Shillings and Six Pence for every such Negro or other Slave; he making Oath before the next Justice of the Peace (if thereunto required) by the Owner of such Negro or other Slave, that he found or saw no Letter or Ticket with him, as also any Negro or other Slave or Slaves met or found out of the Plantation of his or their Master or Mistress, though with a Letter or Ticket, If he or they be armed with such Clubs or other Offensive Weapons aforesaid, him or them so disarmed, take up and whip, and shall receive the same Reward as aforesaid, from the Master or Owner of such Negro or other Slave or Slaves; And whatsoever Master, Owner or Overseer shall permit or suffer his or their Negro or other Slave or Slaves, at any time hereafter to beaten Drums, blow Horns, or use any other loud Instruments, and shall not 'cause his Negro-Houses once every Week to be diligently searched, and such Instruments if any be found, cause to be burned; or whosoever shall suffer and countenance any public Meeting or Feasting of Strange Negroes or other Slaves in their Plantations, shall forfeit Fifty Shillings Sterling for every such Offence, upon Conviction, or Proof as aforesaid, Provided an Information or other Suit be commenced within One Month after Forfeiture thereof for the same. And be it further Enacted by the Authority aforesaid, That every Overseer of a Family in this Island, shall 'cause all his Negro Houses to be searched diligently and effectually once every Fourteen Days for Fugitive and Runaway Slaves, Clubs, Wooden-Swords, and other mischievous Weapons; and finding any so, to take them away, and 'cause them to be burned; as also For , Goods and any other things and Commodities that are not given them by their Master, Mistress, Commander or Overseer, and honestly come by; in whose Custody they found any thing of that kind, and suspect or know to be Stolen Goods, the same they shall seize and take into their Custody; and a full and ample Description of the particulars thereof in Writing, within Six Days after the Discovery thereof, to sand to the Clerk of the Parish for the time being, who is hereby required to receive the same, and to enter upon it the Day of its Receipt, and the particulars to file and keep to himself; and shall set upon the Posts of the Church Door, a short Brief that such lost Goods are found; whereby any Person that hath lost his Goods, may the better come to the Knowledge where they are, by further enquiring for Stolen Goods, until he shall first declare what he hath lost, and the Marks and Descriptions thereof, and paid him Twelve Pence for the same; by which, if the Clerk shall be convinced, That any part of the Goods certified to him to be found, appertains to the Party enquiring, he is to direct the said Party enquiring, to the 〈◊〉 and Party where his Goods be, who is hereby required to make 〈…〉 ●f what is in being, to the true Owner, upon the Penalty 〈…〉 Forfeitures of Twenty Shillings Sterling for every neglect by ●●e Overseer or Clerks aforesaid in any of the particulars aforesaid. And for the more effectual detecting and punishing such Persons that trade with any Slaves for Stolen Goods, Be it further Enacted, that where any Person shall be suspected to trade as aforesaid, any Two Justices of the Peace, or the Justices of the Quarter Sessions of the Peace, shall have power to take from him sufficient Recognizance not to trade with any Slaves contrary to the Laws of this Island; and if it shall afterwards appear to the Justices of the Quarter Sessions, that such Person hath, or hath had, or Shipped of any Goods suspected to be unlawfully come by, such Person being called before the Justices at the next Quarter Sessions following, shall there be obliged to make reasonable Proof of whom he bought, or how he came by the said Goods; and unless he do it, his Recognizance shall be forfeited. And be it further Enacted and Ordained, That if any Negro or Slave whatsoever, shall offer any Violence to any Christian, by striking or the like, such Negro or other Slave shall for his or her first Offence, by Information given upon Oath to the next Justice, be severely whipped by the Constable, by Order of the said Justice. For his Second Offence of that nature, by Order of the Justice of Peace, he shall be severely whipped, his Nose slit, and be burned in some part of his Face with a Hot Iron. And for his Third Offence, he shall receive by Order of the Governor and Council, such greater Punishment as they shall think meet to inflict. Provided always, That such Striking or Conflict be not in the Lawful Defence of their Master's, Mistresses or Owners of their Families or of their Goods. And it is hereby further Enacted, That all the Slaves within this Island, shall have once every Year (that is to say) Drawers and Caps for Men, and Petticoats and Caps for Women, upon pain of Forfeiting Five Shillings for each Slave that shall not be clothed as aforesaid; one Third to the Informer, the other Two Thirds to His Majesty, for the use of the Poor of the Parish where the Offender liveth. And it is further Enacted by the Authority aforesaid, That all Persons who shall hereafter take up any Runaway or Fugitive Negro, or other Slave or Slaves, not knowing the Master or Owner of such Negro or Slave, and shall bring them unto the Provost-Marshal or his Deputy, shall receive Ten Shillings Sterling from the Treasurer for the time being, who is hereby appointed to pay the same: And in case he shall refuse to make the said Payment upon presentment of the said Negro, or other Slave or Slaves, and thereof Oath to be made before any Justice of the Peace, the said Justice is hereby authorised and required, to direct his Warrant to any Constable, to 'cause the Value thereof to be immediately levied out of the Goods of the said Treasurer, and the said Goods to be delivered to the said Party. And the Negroes so brought, shall be kept in the Cage at the Stepping-Stones by the Provost Marshal, and not in Goal; which said Cage is always to be kept in sufficient Repair, at the Public Charge of this Island. And be it further Enacted by the Authority aforesaid, That it shall and may be lawful for the said Provost Marshal, to retain and keep in his Custody as aforesaid, the Body of all such Runaways, until the Owner of them shall pay unto the said Treasurer, Eleven Shillings Sterling; and also unto the said Provost Marshal, Four Pence for every Four and Twenty Hours the said Fugitive Slave hath been in his Custody, and also until he have a Discharge under the Hand of the said Treasurer or his Clerk. And the Turn-Key shall receive Six Pence for every Negro delivered: Provided always, That the said Provost Marshal do furnish the said Negroes and other Slaves, with sufficient Food and Drink, which is to be proved upon Oath, if by the Owner of the Negro or other Slaves it shall be so required to be done. And it is further Enacted by the Authority aforesaid, That if any of the said Slaves shall dye for want of Food, the said Provost Marshal shall be responsible for them to the Owners: And if the said Marshal suffer any Slave to escape before he be duly delivered by a Discharge in Writing under the Hand of the abovesaid Treasurer, the Provost Marshal shall pay unto him the aforesaid Treasurer, Eleven Shillings, and shall make further Satisfaction to the Owner, as by the Governor and Council shall be thought fit: And if the said Provost Marshal shall suffer any Slave to be otherwise employed out of the Cage, before due Delivery as aforesaid, he shall forfeit for each Slave so suffered as aforesaid, to the Owner thereof, the Sum of Five Pounds Sterling. And be it further Enacted by the Authority aforesaid, That all such Persons as shall apprehended and bring down any Runaway Slave or Slaves to St. Michael's Town, unto the Treasurer for the time being, or to the Cage, shall upon such bringing down of such Runaway Slave or Slaves, deliver upon Oath to the said Treasurer, or in case of his Sickness or Absence, to any Justice of the Peace, to be by him returned to the Treasurer's Office (before he shall receive the Consideration before appointed) an Account of his Name and Place of Abode, with the Time when, and Place where he apprehended such Fugitive Slave or Slaves; And that he knew of no Ticket the Negro had, nor the Owner of such Negro or Slave, which the said Treasurer is hereby required to take and enter into a Book; to the intent that all Owners of Slaves may come to the right Knowledge and Understanding when their Slaves were Apprehended, and by whom, and whether they might be wrongfully taken up, or not; and that the Keeper of the Cage at the delivery of any Slaves, do take a Receipt of the Person to whom delivered, and there insert the Mark or Description of the Slave delivered. And whereas divers Evil and Ill-disposed Persons, have hitherto attempted to steal away Slaves by specious Pretence of promising them Freedom in another Country, against which pernicious Practices, no Punishment suitable hath been yet provided, Be it therefore Enacted and Ordained by the Authority aforesaid, That what Person soever shall directly or indirectly at any time after Publication hereof, tempt or persuade any Negroes or other Slaves to leave their Masters or Mistress' Service to whom they are Slaves, out of an Intent and Design to carry away any of them of this Island, or to conceal or Entertain any of them upon this Island, or howsoever to defraud the said Masters or Mistresses of them, and be thereof convicted by their own Confession, or the Oath of One Credible Witness, shall be by the Two next Justices of the Peace where the Injured Person lives, whereof One to be of the Quorum, adjudged to pay the Master of the said Negro or other Slave, Five and Twenty Pounds Sterling, to be levied as in the case of Servants Wages: But in case the Party offending shall not be found worth Lands, Goods or Chattels, to the value aforesaid; than shall the Justice for so long time as will recompense the Party injured for the Twenty Five Pounds aforesaid, adjudge him Servant for Five Years to the Party injured, and so deliver him over to him, and make a Record thereof. But if any Man shall so tempt and practise with any Persons, Negroes or other Slaves, and them actually so attempted, convey away, or sand of the Island, and be after Apprehended and convicted for the same in this Island, he shall be by the Two next Justices of the Peace as aforesaid, condemned to pay the Owner of such Negro or other Slave, Three times the Value of him or them, and Execution for the same from the Two Justices, to issue accordingly, as in the case of Servants Wages: And if the Person so offending, has no Estate, than he shall be ordered by the Justices to serve the Party injured as aforesaid. And whereas many heinous and grievous Crimes, as Murders, Burglaries, Robbing in the Highways, Rapes, Burning of Houses or Canes, be many times committed by Negroes and other Slaves, and many times maliciously attempted by them to be committed, in which, though by divers Accidents they are prevented, yet are their Crimes nevertheless heinous, and therefore deserve the like Punishment: And also do many times Steal wilfully, Kill, Maim or Destroy one or more Horses, Mares, Geldings, , Sheep or other Quick or Dead thing of the like nature, and of the Value of Twelve Pence or above: And many times by attempting to steal from the Inhabitants of this Island, Stock and other Goods , of above or under the value aforesaid, do put such Inhabitants or some of his Family in Terror, Dread and Jeopardy of their Lives, which several Offenders for danger of Escape, are not long to be imprisoned: And being Brutish Slaves, deserve not, for the Baseness of their Condition, to be tried by the Legal Trial of Twelve Men of their Peers or Neighbourhood, which neither truly can be rightly done as the Subjects of England are, nor is Execution to be delayed towards them, in case of such horrid Crimes committed. It is therefore Enacted and Ordained by the Authority aforesaid, That when any such Crime as aforesaid, shall be committed, or attempted to be committed, by any Negroes, Slave or Slaves, and the said Criminals be apprehended and brought before any of His Majesty's Justices of the Peace within this Island, and the Justices before whom the Criminals are brought, shall take Security for their forth coming, or sand them to Prison, and with all convenient speed, shall join with him the next Justice of the Peace; And these Two shall by their Warrant or Precept, call to them Three Able, Good and Legal Freeholders' of the Place nearest where the said Crimes were committed, and these Five Persons, viz. The Two Justices and the Three Freeholders, shall hear and examine all Evidences, Proofs and Testimonies, or by violent Circumstances they shall found such Negro or other Slave or Slaves guilty thereof, they shall give Sentence of Death upon them accordingly, the said Freeholders being first Sworn before the Two Justices, who are hereby impowered to administer the same, and forthwith by their Warrant cause Execution to be done upon such Negro or Negro, Slave or Slaves, by some Negro to be pressed for that purpose, by some Constable, to be appointed by Warrant from the said Justices. It is further Provided, That if any Freeholder shall make default to appear upon such Summons before the Justices, as is before mentioned, or appearing, refuse to join with them as is before appointed, and do show no Cause for such Default, to be approved by the said Justices, than the aforesaid Justices do set a Fine upon him of Fifty Shillings Sterling, forthwith by their Warrant or Precept to the next Constable, or what Constable they shall think fit, to levy the same upon the said Freeeholders, their Goods or Chattels accordingly. And if any Person shall sand of his Negro that hath killed another, he shall pay unto the Master of such Negro, the Value of such Negro so killed as aforesaid. And in regard great Mischiefs daily hap by the Petty Larcenies, committed also by the Negroes and Slaves of this Island, Be it therefore Enacted by the Authority aforesaid, That if any Negro or other Slave shall hereafter steal or destroy any Goods, Chattels and Provisions, Canes or green Corn whatsoever of any other Persons than his Master's or Mistresses, being under the value of Twelve Pence, every Negro or other Slave so offending, and being brought before some Justice of the Peace of this Island, upon Complaint of the Party injured, and shall be adjudged guilty by Confession, Proof or probable Circumstances, such Negro or Slave so offending (excepting Children, whose Punishment is left wholly to the Discretion of the said Justice, shall be adjudged by such Justice to be publicly and severely whipped, not exceeding Forty Lashes; and the said Justice shall order and 'cause the Owner of such Negro or other Slave, to make Satisfaction to the Party injured; and if such Negro or other Slave punished as aforesaid, be afterwards found guilty of the like Crimes aforesaid, under the value of Twelve Pence as aforesaid, he or they for such, his or their Second Offence, shall by Order of the Justice of Peace before whom such Complaint and Proof is made, have his or their Noses slit, and be branded in the Forehead with a hot Iron, that the Mark thereof may remain: And the said Justices shall order the Owner of such Negro or other Slave, to make Satisfaction to the Party injured, double the value of what his Loss shall appear: And if such Negro or other Slave after the Second time as aforesaid, be accused of Petty Larceny, or of any of the Offences before mentioned, such Negro or other Slave shall be tried in such manner as Murder, Burglary, etc. are provided for to be Tried; and if such Negro or other Slave as shall be Tried, shall be found guilty a Third time of any the Offences , than such Negro or other Slave for that Third Offence, shall be adjudged to suffer Death, in the manner as is appointed in Cases of Murder as aforesaid; or other Punishments as the said Justices shall think fit. And in case the said Justices and Freeholders, and any or either of them, shall neglect or refuse to perform the Duties by this Act required of them, they shall severally for such their respective Defaults, forfeit the just Sum of Five and Twenty Pounds Sterling. And it is further Enacted, Ordained and Published by the Authority aforesaid, That if any Negroes or other Slaves, shall make Mutiny or Insurrection, or rise in Rebellion against this Place or People, or make preparation of Arms, Powder, Bullets, or Offensive Weapons, or hold any Council or Conspiracy of, or raising Mutiny or Rebellion against this Island, as hath been formerly attempted; that than for speedy Remedy thereof, the Governor of the Island, or Superior Officer for the time being, appoint a Colonel and the Field Officers of the Regiment of this Island, or any Four of them, to meet in Council, and proceed by the Marshal Law against the Actors, Contrivers, Raiser's, Fomenters and Concealers of such Mutiny or Rebellion, and them punish by Death or other Pains as their Crimes shall deserve; As to the aforesaid Colonel and Field Officers, or any Four of them shall seem fit. Now forasmuch as the Loss of the Negroes and other Slaves that shall suffer Death by this Act, would prove so heavy for the Owner of them only to bear, and that the Owners of Negroes may not be discouraged to detect and discover the Offences of their Negroes; and that the Loss may be born by the Public, whose safety by such Punishments is hereby provided for and intended. Be it Enacted and Ordained by the Authority aforesaid, That in all cases whatsoever, where any Negro or other Slave, by the appointment and Provision of this Act shall suffer Death, than shall such Justices and Freeholders, Colonel and Field Officers, who adjudged such Negro or other Slave to suffer Death, immediately after Sentence thereof given, inquire by the best means they are able, of the Value of such Negro or other Slave, in which Value they shall never exceed the Sum of Five and Twenty Pounds Sterling, for any One Negro or other Slave, and also the Damage of the Party injured, and make Certificate thereof to the Treasurer for the Time being, therein requiring the said Treasurer to pay out of the Value of the said Negro or Negro, the Value of the Damage to the Party injured: And the Overplus if any be, to the Owner or Owners of such Negro or other Slaves; and if there be no Party injured, than the whole Value to the Owner or Owners of the said Negroes or other Slaves, and if there be no Party injured, than the whole Value of the Danger or Dangers of the said Negro or other Slave out of the Public Treasury of this Island. But in regard there are some Masters and Owners of Negroes and other Slaves in this Island, who do not make sufficient Conscience of providing what is necessary for their Negroes or other Slaves, or allowing them time to Plant or Provide for themselves; for which cause such Negroes or other Slaves, are necessitated to commit Crimes contrary to the Law; and yet the safety of this Island requiring, that such Negroes and other Slaves shall suffer as the Law hath appointed, rather than the poor Inhabitants of this Island be ruined, and driven from hence by their means. That therefore such Masters and Owners of Negroes and other Slaves whose neglect of Negroes and other Slaves, makes them in some measure guilty of their Crimes, may not be countenanced therein at the Charge of the Public. Be it hereby further Enacted by the Authority aforesaid, That the Justices and Freeholders appointed as aforesaid, to inquire into the Value of such Negro or other Slave as they shall sentence to Death, shall also further inquire by Witnesses examined on their Oaths, or by their good Information, how the Owner or Owners of such Negro or other Slave, condemned as aforesaid, was provided with Provision and other Necessaries, and what Allowances those Negroes and other Slaves had received. And if it shall appear to the said Justices and Freeholders, or the Mayor part of them, that the said Master or Owner had not provided reasonably and as is generally accustomed for Negroes and other Slaves, and that necessity might have compelled the said Negro or other Slave to the Offences they have committed, Than and in that case, the Justices and Freeholders as aforesaid, shall certify the same to the Treasurer aforesaid, and only appoint the said Treasurer to pay the Damage to the Party injured, out of the Value of the said Negro or other Slave, and nothing to such Master or Owner. And if the Treasurer for the time being (having sufficient Public Stock in his Hands) shall fail to make Satisfaction and Payment to such Master or Owner of any Negro or other Slave, he having the governor's Warrant for the same, the Party injured shall have an Action of Debt upon such Certificate as aforesaid, against the said Treasurer in the Court of Common Pleas for the Precincts of St. Michael's, etc. And the Treasurer being thereto duly summoned, shall at the First Court after Summons, pled and come to Trial, or else Judgement to pass against him by Default; and after Judgement, Execution immediately to issue for Satisfaction. And in regard the Planters necessity doth compel them for the Managemnt only of their Lands, to keep so vast a Stock of Negroes and other Slaves, whose desperate Lives and great Numbers become dangerous to them, and all other the Inhabitants. That therefore such who are not bound up by that necessity in having Plantations of their own, and hired Land, may not increase the danger to this Island, by keeping Negroes or other Slaves to hire out to others, Be it therefore Enacted by the Authority aforesaid, That no Person of the Hebrew Nation residing in any Seaport Town of this Island, shall keep or employ any Negro or other Slave, be he Man or Boy, for any Use or Service whatsoever, more than one Negro or other Slave, Man or Boy to be allowed to each of the Persons of the said Nation, except such as are Denizened by His Majesty's Letters Patents, and not otherwise, who are to keep not more than for their own use, as shall be approved by the Governor, Council and Assembly: And if any Negro, Man or Boy, more than is before allowed by this Act, shall be found Three Months after Publication hereof, in the Custody, Possession or Use of any the Persons aforesaid, than every such Person or Persons, shall forfeit such Negro or other Slave, one Moiety of the Value thereof to whomsoever shall inform, and the other Moiety to His Majesty, to the Uses in this Act appointed. And whereas divers Negroes and other Slaves at this present are, and have been long since run away into Woods and other Fastness of this Island, doing continually much Mischief to the Inhabitants of this Island, hiding themselves sometimes in one Place, and sometimes in another, so that they are not to be found without much difficulty, Be it therefore Enacted, That from and after Publication hereof, it shall and may be lawful for any Justice of the Peace, Constable or Captain of a Company within this Island, that shall have notice of the Residency or Hiding-place of any Runaway Negroes, or other Fugitive Slaves, to Raise and Arm any number of Men, not exceeding Twenty, to apprehended and take them, either Alive or Dead. And for every Negro or other Slave that they shall take alive, having been run away above Six Months from his Master, they shall receive Fifty Shillings Sterling; and for every Negro or other Slave that they shall take alive, having been run away above Twelve Months Five Pound from the Master or Commanders of the said Negro or other Slave; if killed in taking, they shall receive Fifty Shillings Sterling from the Public; any Act or Statute heretofore to the contrary notwithstanding. And it is further Enacted and Ordained by the Authority aforesaid, That if any Negro or other Slave under Punishment by his Master or his Order for running away, or any other Crimes or Misdemeanours towards his said Master, unfortunately shall suffer in Life or Member, which seldom happens; no Person whatsoever shall be liable to any Fine therefore. But if any Man shall of wantonness, or only of Bloody Mindedness, or Cruel Intention, wilfully kill a Negro or other Slave of his own, he shall pay into the Public Treasury, Fifteen Pounds Sterling: But if he shall so kill another Man's, He shall pay to the Owner of the Negro, double the Value, and into the Public Treasury, Twenty Five Pounds Sterling. And he shall further by the next Justice of the Peace, be bound to the good Behaviour during the Pleasure of the Governor and Council, and not be liable to any other Punishment or Forfeiture for the same; neither is he that kills another Man's Negro or other Slave by Accident, liable to any other Penalty but the Owner's Action at Law. But if any poor small Freeholder or other Person, kill a Negro or other Slave by Night, out of the Road or Common Path, and Stealing, or attempting to Steal, his Provision, Swine or other Goods, he shall not be accountable for it: Any Law, Statute or Ordinance to the contrary notwithstanding. And be it further Enacted by the Authority aforesaid, That all the Fines and Forfeitures arising by this Act, shall be to His Majesty for the use of this Island, according to such uses and proportion that in the aforesaid Clauses are respectively appointed; and such thereof as are not otherwise limited and appointed in this Act, as are above the Sum of Five Pounds Sterling, shall be recovered by Bill, Plaint or Information, in any of his Majesty's Courts of Record within this Island; and such as are of the Sum aforesaid, or under, shall be recovered before any Justice of the Peace within this Island, who is hereby required to grant Execution for the same, as in the case of Servants Wages, Provided the same be commenced within Thirty Days after the same be forfeited. And lastly, to the intent this Act and every Clause and Branch thereof may receive full Execution, and no Person pled Ignorance therein, It is Enacted and Ordained by the Authority aforesaid, That this Act be Read and Published in all the respective Parish Churches in this Island, the first Sunday in February, and the first Sunday in August in every Year ensuing. And be it further Enacted by the Authority aforesaid, That all Acts heretofore made concerning, or any ways relating to the Governing of Negroes, Enacted before the Date of this Act, shall be Repealed, and are hereby Repealed to all Intents and Purposes whatsoever. Read and passed the Council, and consented to by the L. Governor, the 8th of August, 1688. Passed the Assembly, the 10th of July, 1688. Nᵒ 330. To the Right Honourable the Lieutenant Governor, A Present of One Thousand Pounds Sterling. Nᵒ 331. An ACT for binding out, and Ordering Poor Apprentices. Preamble. WHereas many Disorders have happened between Apprentices and their Masters, sometimes occasioned by the Masters, but most commonly by the idleness and looseness of the Apprentices, which has grown the more frequent, for want of a declared Method in punishing the Idle, and relieving the Injured Apprentice. Clause I Be it therefore Enacted by the Right Honourable Edwin Stead, His Majesty's Lieutenant Governor and Commander in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, Any under 21 Years, to bind themselves by Indenture, till 21 Years. That from and after the Publication of this Act, it shall and may be lawful for any Boy or Girl within this Island, under the Age of one and Twenty Years by Indenture under Hand and Seal, to contract, agreed and bind him or herself an Apprentice to any Person exercising a Trade, Calling or Husbandry within this Island, for and during any Term, until they shall arrive unto the Age of One and Twenty Years, With Parents Consent if living. Provided the said Contract and Agreement be made by and with the Consent of one of the Parents of the said Boy or Girl so to be bound Apprentice as aforesaid. And in case the Parents of each Boy or Girl be dead, If Dead, by consent of the next Justice of Peace, and Churchwarden. than by and with the Consent and Approbation of the next Justice of the Peace to the Place where the Parents of the said Boy or Girl lived, and the Churchwarden of that Parish. Which Justice and Churchwarden are hereby required to examine the Master or Mistress, what Trade, Calling or Occupation he or she is of, and consider whether the said Boy or Girl so to be bound Apprentice as aforesaid, be fit for such the Trade, Calling or Occupation of such Master or Mistress. To be bound by Indenture. And if it appear to the said Justice and Churchwarden, that the said Boy or Girl be fit for such Trade, Calling or Occupation, than the said Justice and Churchwarden are to see the said Master or Mistress, and the said Boy or Girl, Sign, Seal and Deliver the Indentures of Apprenticeship interchangeably, and set their Hands to an Endorsement thereupon, signifying their Approbation thereof. And all such Indentures of Apprenticeship so Signed and Sealed by any Boy or Girl under the Age of One and Twenty Years, with the Consent of the Parents, Justice of the Peace and Churchwarden aforesaid, shall be sufficient to oblige the said Boy or Girl to serve his Master or Mistress the Term, and to do and perform the Covenants and Agreements therein specified, as well and effectually, to all Intents and Purposes, as if the said Boy or Girl were above the Age of One and Twenty Years at the Sealing thereof: Any Law to the contrary notwithstanding. Clause TWO And be it further Enacted by the Authority aforesaid, That if any Apprentice already Bound, or any Apprentice to be bound in manner aforesaid, shall after Publication of this Act, neglect or refuse to serve his or her Master or Mistress, according to their Contract or Agreement, Than and in such case, the Two next Justices of the Peace to the Place where the Master or Mistress liveth, upon Complaint made to them by the Master or Mistress, Apprentice in fault, to be whipped by the Constable. 1st Offence. or some Person on their Behalf, shall inquire into the Matters complained of, and if they found the Apprentice faulty, contrary to his or her Contract, and the Duty of an Apprentice, They shall order him or her to be whipped by the Constable, according to his or her Demerits. 2d Offence. But if such Apprentice shall be complained of, and found guilty a Second time, he or she shall by order of the said Justice, be severely whipped by the Constable, not exceeding One and Twenty Lashes: 3d Offence. And for the Third Offence, he shall receive One and Twenty Lashes, or be sent to Goal, there to suffer Imprisonment for one Months and receive Ten Lashes by the Gaoler every Saturday in the Afnoon, during the time he or she is imprisoned, as aforesaid: For which one Months Imprisonment and Diet during that time, the Gaoler shall receive Twenty Shillings and no more, to be paid him by the Churchwarden of the Parish where the Offender was an Apprentice, Provided the Gaoler doth prove, that he hath punished the Apprentice according to this Act. Clause III And be it Enacted by the Authority aforesaid, That if any Master or Mistress shall hereafter abuse or inhumanely beaten or punish any Apprentice, or shall not allow them fit and convenient Meat, Drink and Apparel at the lest, according to the Allowance that by Law is allowed unto bought Servants, or shall employ them in hard Labours contrary to their Trade or Agreement, Than and in such case, upon the Complaint of the Apprentice to the next Two Justices to the Place where the Master or Mistress liveth, the said Justices shall grant their Warrant for the Master or Mistress to appear before them; Too much Correction, want of Clothing, hard Labour. And if upon Enquiry they shall found the Master or Mistress faulty, either in too much Correction for small Faults in the Apprentice, or in not allowing sufficient Clothing and Provisions as aforesaid, or in employing them in hard Labours, contrary to their Trade and Agreement; The said Justices shall take Security for the Appearance of the said Master or Mistress, at the next Quarter-Sessions of the Peace to be held for the Parish where the said Justice lives. Where upon Enquiry if the said Justices at the Quarter-Sessions shall found him or her to have been severe against the said Apprentice without sufficient Cause, or that he or she have not used to allow sufficient and Provisions to their said Apprentice complaining as aforesaid, or that they have employed them in hard Labour contrary to their Trade or Agreement, Apprentice set Free per Sessions. The said Justices are hereby impowered in such Cases, to set the said Apprentice free from his or her Master or Mistress; Any Indenture, Contract or Agreement whatsoever notwithstanding. But in case it shall appear to the Justice's first complained to by the Apprentice as aforesaid, That the said Apprentice had not just cause of Complaint, the said Justices shall, if they think fit, order the said Apprentice to receive Ten Lashes to be given by the Constable for such his unjust Vexation. Apprentice Ten Lashes. Clause IV And be it further Enacted by the Authority aforesaid, That it shall and may be lawful for any Two Justices of the Peace within this Island, Two Justices to bind out any lose Persons. to bind out any lose, idle or unsettled Persons under the Age of One and Twenty Years, to Apprenticeship, for any Term, until he or she arrive unto the Age of One and Twenty Years; wherein the said Justices shall observe and proceed in such manner as is appointed by a good and wholesome Statute made in the Fifth Year of the Reign of Queen Elizabeth of ever blessed Memory, Chap. 4. 5 Eliz. Cap. 4. Clause V And be it further Enacted by the Authority aforesaid, That when any Apprentice shall for ill Usage of his Master or Mistress, be set free by the Quarter-Sessions as aforesaid is provided, It shall and may be lawful for the next Justice of the Peace to the Place, where the Apprentice lived, together with the Churchwarden to bind out the said Apprentice so freed as aforesaid, to some other Person to serve the remaining part of the Term which he or she was to serve at the time of his setting Free as aforesaid. And all Constables that shall refuse to perform his or their Duty, as by this Law is required of him, either by himself or some Person provided by him for that purpose, Shall forfeit for each Refusal, Constable neglecting his Duty to pay 40 s. Forty Shillings to be levied upon his Goods and Chattels, by Warrant from the Justice whose Order he disobeyed, as in the case of Servants Wages, to be to His Majesty, his Heirs and Successors, for the Defence of this Island. Clause VI And be it further Enacted, That if any Person Mary any Girl that is Apprentice, Marrying a Girl without Master's Consent, to pay 5 l. per Annum. without the Consent of the Master or Mistress of such Apprentice, he shall pay unto the Master or Mistress Five Pounds Sterling per Annum, for and during the remaining part of the time she hath to serve, to be annually levied by Warrant from the next Justice of the Peace to the Place where the Master or Mistress liveth, as in case of Servants Wages: And if the Person offending hath not Effects to pay the said Five Pounds per Annum, he shall be ordered by the said Justice to serve the said Master or Mistress the time unexpired of the Term aforesaid. Read and passed the Council, and consented to by the Lieutenant Governor, the 3d of Octob. 1688. Passed the Assembly, the 2d of October, 1688. Nᵒ 334. An ACT to revive and continued an ACT for laying an Imposition on Wines and other strong Liquors imported this Island. Expired. Nᵒ 335. An ACT for the better Regulating of Outcries in Open Market. WHereas great Inconveniences have daily happened to Debtors that have their Negroes, , Coppers and Stills, and other Chattels brought by Execution to open Market to be outcryed, whereat the said Marshals have set the said Negroes, , Coppers and Stills and other Goods in great Lots or Numbers to be sold; so that only Ready Money and Rich Men are able to buy them; whereby for want of Bidders, the said Negroes, and Coppers, Stills and other Goods are often bought at under Rates and Value. Wherhfore for Prevention of the said Inconveniences for the future, Clause I Be it Enacted by the Right Honourable Edwin Stead, His Majesty's Lieutenant Governor, and Commander in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That the Marshal or other Deputed Officer of every Court in this Island, upon Attachment of any Negro Slaves, , Coppers, Stills or other Chattels by virtue of any Execution for above One Hundred Pounds Sterling, Above 100 l. or the Value thereof, Four Days notice on every Court House. that shall be after the Publication of this Act taken out, shall set up Four Days at the furthest after Attachment as aforesaid, notice in Writing upon the Court Door of each and every Precinct within this Island, of the Negroes, , Coppers, Stills or other Goods so Attached as aforesaid, and the Place and Time when and where they are to be sold; Between Ten and Fourteen Days after Attachment. which Sale shall be at some time between Ten and Fourteen Days after Attachment as aforesaid, to the end Persons intending to buy, may have timely notice thereof. And when the Negroes, , Coppers, Stills or other Chattels aforesaid to be Attached as aforesaid, shall be brought to Market, the Debtor or his Assigns shall have free Liberty to dispose the Goods so attached into Lots, as he shall think most convenient for his Interest. But if the Debtor shall neglect or refuse so to do, the Marshal is hereby required to dispose the Negroes and other Chattels aforesaid, Let not above ● Negro's. into Lots, not exceeding the number of Five Negroes in one Lot; unless it hap that there be more than Five of one Family of Negroes; in which case it shall be lawful for the Marshal to cell a whole Family in one Lot: And also the Marshal is hereby required not to cell above Five Head of , Head of ● in one and one Copper, or one Still in one Lot, unless otherwise appointed by the Debtor. And all other Chattels the Marshal shall to the best of his Judgement estimate and dispose of into Lots, not exceeeding the Value of Fifty Pounds Sterling in each Lot, 〈◊〉 Fif●● 〈◊〉 in a Lot. unless therein also otherwise directed by the Debtor. Clause TWO And it is further Enacted by the Authority aforesaid, That no Out-cries of Sales aforesaid, Not Outcries at Plantations. shall be had or made at Plantations or in any other Places, but in open Market only; except Timber, Sugar-Pots, Drips and other ponderous and heavy Goods too troublesome to be removed out of the Plantation to open Market. And whereas the Fees of the respective Marshals of the said Courts for levying Executions, have been hitherto variously construed, to the great injury of many of the Inhabitants of this Island, sometimes computing the said Fee in Sugar, but most commonly in Money, which proves very inconvenient: For Remedy of which various Construction for the future, Clause III Be it Declared and Enacted by the Authority aforesaid, That the Marshal levying any Execution, Marshal's Fees for levying Executions. shall for the future computing and taking his Fee aforesaid, commute the Moneys, if the Execution be in Moneys, into Sugar at Twelve Shillings and Six Pence per Hundred, and shall charge Four per Cent. for the First Thousand Pounds of Sugar, Three for the Second, Paid in Money 12 s. 6 d. per Cent. and Two per Cent. for all above; which Fee being thus computed, the Marshal shall receive in Money at Twelve Shillings and Six Pence per Hundred and no more. And to the end the Officers of the several Courts of this Island may not extort more for their respective Fees, than by Law is established for them, and that the Inhabitants may the better know what Fees are appointed to be paid, Clause IV Be it Enacted and Ordained by the Authority aforesaid, That every respective Officer in this Island, Court Fees to be set up in all Offices. shall set up in their respective Offices, a fair Table of the Fees, that by the Laws of this Island are allowed them. Fifty Pound on him that Extorts. And whatsoever Officer shall presume to exact or extort more than by the Laws aforesaid are allowed, shall forfeit Fifty Pounds Sterling, one half to His Majesty for the use and defence of this Island, and the other half to the Informer that shall sue for the same; and for ever after Conviction thereof, be hereby deemed uncapable to execute that Office. And what Marshal or other Officer soever, shall neglect to set up and continued the Table of their Fees in their respective Offices in this Island within One Month after Publication hereof, shall for every Months neglect thereof, Ten Pound for want of Table of Fees. forfeit Ten Pounds Sterling to His Majesty for the use aforesaid, and the other half to the Informer that shall sue for the same. Read and passed the Council, the 19th Day of December, 1688, and consented to by the Lieutenant Governor. Passed the Assembly, the 18th Day of December, 1688. Nᵒ 336. An ACT for the securing the Possession of Negroes and Slaves. Preamble. WHereas the Possession of the Lands of this Island hath been secured by the Act against clandestine Entries, That the Possession of Negroes and Slaves may be secured in like manner, Clause I Be it Enacted and Ordained by the Right Honourable Edwin Stead, His Majesty's Lieutenant Governor and Commander in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by authority of the same, Take no Negro from him that has had him 3 Months. That no Person after Publication of this Act, take or detain any Negro or Slave, which hath been in the possession of another within this Island for the space of Three Months (Eight and Twenty Days to be reckoned to each Month) together without due course of Law, upon any pretence whatsoever, upon pain of forfeiting Two Shillings Sterling, 2 s. 6 d. per Day. to the Party grieved for every Day, that he shall detain each Negro or other Slave. Clause TWO And be it further Enacted by the Authority aforesaid, That the Party grieved, shall and may apply himself to the two next Justices of the Peace to the Place where the Offender liveth, who are hereby impowered and required to order the Offender to restore unto the Party grieved, the Negro or Negro, Slave or Slaves taken, Two Justices to restore to the Party grieved. or detained contrary to this Act, and likewise to order the Offender to pay the Penalty in this Act expressed. Which Orders, if the Offender refuse or neglect to pay, the said Justices shall commit him or her to the Common-Goal, there to remain until he or they perform the said Orders. And if he or they continued to refuse to pay the Forfeiture in this Act appointed, or deliver the Slave or Slaves so detained, Than are such Justices to grant Execution for the Sum of Fifty Pounds Sterling as a Penalty for every Negro or Slave so detained; and also for the Forfeiture aforesaid, Fifty Pounds. to be levied upon all or any the Estate Real or Personal of the Offender, by a Constable, by Order of the said Justices, and what is Attached thereon, in Fourteen Days to be outcryed, as in the Courts of Common Pleas in this Island is used, and the Person of the Offender not to be enlarged, until satisfaction be made; and the Party may also have his further Remedy for the Value of the said Negro, by his Action at the Common Law. Clause III Provided nevertheless, That this Act or any thing therein contained, shall not extend to any Person whatsoever that hath, This Act not to extend to Negroes lent or hired out. or shall let or lend any Negro or Negroes for any term of time, or to any Attorney, Overseer or other Person who come by the Possession of such Slave or Slaves, by Act or Consent of the Claimer, or of some Person from whom the Claimer pretends Title; And if any Justice of the Peace shall refuse or neglect to do his Duty in this Matter, he shall forfeit Fifty Pounds Sterling, whereof the one half to the public use of this Island, and the other half to the Party grieved. Which Forfeitures shall and may be recovered in the Court of Common Pleas where the Defendant liveth. And that those who are out of Possession of Slaves, if they have Right, or do pretend so to have, may have speedy Remedy by Law. Clause IV Be it Enacted by the Authority aforesaid, That in all Suits for detinue of any Slave or Slaves, the Defendant being lawfully Summoned by a Writ or Warrant under the Hand and Seal of the Judge of the Court, served at lest Ten Days before the Sitting of the said Court, The respective Courts of Common Pleas are hereby impowered and required to proceed to Trial, Trial and Judgement, 1st Court after Summons. Judgement per Default, 1st Court. and to give Judgement the first Court after Summons, and Execution forthwith to issue for immediate Satisfaction: Notwithstanding any Act or Statute to the contrary. And in case such Deteiner or Deteiners shall refuse or neglect to appear at the said first Court (lawful Summons being proved) the Court shall give Judgement by Nihil dicit, and Execution forthwith to issue as aforesaid. And it shall not be in the liberty of any Court upon Non-appearance of any Defendant, to give longer time for pleading or for Trial, or giving Judgement upon a Trial by Jury, 2d Court, Peremptory. or issue in Law, than the Second Court after lawful Summons. Clause V And be it further Enacted by the Authority aforesaid, That if any Widow Seized of any Negro or other Slave or Slaves, as of the Dower of her Husband, Widow sending of any Slave, forfeits. shall sand of this Island such Negro or other Slave or Slaves without the lawful Consent of him or her in Reversion, shall forfeit such Negro or other Slave or Slaves, and all other the Dower, which she holds of the endowment of her Husband, unto the Person or Persons that have the Reversion thereof; any Law, Custom or Usage to the contrary notwithstanding. Clause VI And if any Widow seized as aforesaid, shall afterwards marry an Husband, Husband Marrying a Widow, offending, forfeits his Estate. who shall sand of this Island any Negro or Slave without consent of him or her in Reversion, in such case it shall be lawful for him or her in Reversion to enter into, possess and enjoy all the Estate which such Husband holdeth in Right of his Wife's Dower for and during the Life of the said Husband. Clause VII And be it further Enacted by the Authority aforesaid, That the Right and Possession of all Negroes and other Slave or Slaves, Actions for Right of Negro. shall be sued for by Action of Detinue, Writ De partitione facienda, or of Dower, as the case shall require, and by no other Writ or Action whatsoever. Clause VIII And be it further Enacted by the Authority aforesaid, That all Persons whatsoever are prohibited to bring, Indians not to be sold or imported here. cell and dispose of any Indians to this Island, upon pain of forfeiting the same unto His Majesty, His Heirs and Successors; one Moiety to the use of this Island; and the other Moiety to him that shall inform and sue for the same. Passed the Council, the 19th of December, 1688. Passed the Assembly the 18th of December, 1688. Nᵒ 337. An ACT to revive and continued an ACT, Entitled, An ACT to encourage the bringing in of Christian Servants, and to prevent their Running away, and being sent of this Island. Expired. Nᵒ 338. a ACT to Repeal an ACT, Entitled, An ACT to prevent Depopulation. Preamble. WHereas several Clauses and Paragraphs mentioned and expressed in the said Act of Depopulation, bearing Date the Fourteenth Day of June, One Thousand, Six Hundred, Seventy and One, are fully and sufficiently provided for in the several other Laws and Statutes in this Island, under more proper Titles and Denominations. And for that the other Clauses of the said Act are now become useless and impracticable, and of no Benefit or Advantage to His Majesty or his Subjects of this Island, and are also contradictory to some other Laws established here, Be it therefore Enacted by the Right Honourable Edwin Stead, Esq. His Majesty's Lieutenant Governor and Commander in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That the aforesaid Act bearing Date the Fourteenth Day of June, One Thousand, Six Hundred, Seventy and One, Entitled, An Act to prevent Depopulation, and all and every the Clauses, Sentences, Penalties and Prouisoes therein contained, is hereby declared to be Repealed, and is Repealed, made null and voided to all Intents and Purposes whatsoever. Any Law, Usage or Custom to the contrary in any wise notwithstanding. Read and passed the Council, and consented to by the Lieutenant Governor, the same Day. Passed the 19th Day of December, 1688. Nᵒ 339. An ACT for a Levy upon Negroes. Obsolete. Nᵒ 340. An Additional ACT, to an ACT, Entitled, An ACT for the settlement of the Militia of this Island. Repealed. Nᵒ 341. An ACT for a Levy upon Negroes. Obsolete. Nᵒ 342. An ACT for a Levy upon Negroes. Obsolete. Nᵒ 343. An ACT for laying an Imposition on Wines and other Strong Liquors imported this Island. Expired. Nᵒ 344. An ACT appointing a Committee for settling the Public Accounts of this Island. Expired. Nᵒ 345. An ACT declaring the further uses of an ACT for a Levy upon Negroes. Obsolete. Nᵒ 346. An ACT to revive and continued an ACT, Entitled, An ACT to encourage the bringing in of Christian Servants, and to prevent their Running away, or being sent of this Island. Expired. Nᵒ 347. An ACT for the further Accommodation of His Excellency in his intended Voyage. Nᵒ 348. An ACT to encourage Artificers and others to take Apprentices. WHereas the binding out of Apprentices, and bringing them up in Merchandise, Manual Occupations, Husbandry and other lawful Vocations, will conduce very much to the Profit and Advantage of this Place; And forasmuch as many of the poorer sort of Children have been brought up in Idleness and disorderly living, to the dishonour of Almighty God, the Ruin and Destruction of themselves, and the great Prejudice of this Island: For Remedy of which Idleness, and encouragement of such as shall take Apprentices, Clause I Be it Enacted by his Excellency Colonel James Kendal, Captain General and Chief Governor of this and other the Charribee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That from and after Publication of this Act, No Person obliged to arm or accouter his Apprentice for the Militia. no Person whatsoever that shall take one Apprentice or more, shall be compelled to sand to the Militia him or them armed and accoutred at his own Charge; nor shall be liable to any of the Forfeitures, Penalties or Clauses in the Act of Militia contained and in that case provided. And that the Militia may not hereby be lessened, it is the true intent and meaning of this Act, Clause TWO And be it Enacted by the Authority aforesaid, That every Person or Persons that shall hereafter take any Apprentice or Apprentices, shall within Three Months after such Apprentice or Apprentices are bound, To present his Appr ntice in Three Months to the Colonel. The Colonel to place him on a Person wanting his Compliment. To be armed and accoutred. bring the said Apprentice or Apprentices before the Colonel of that Division where such Master lives: Which said Colonel is hereby impowered to place such Apprentice or Apprentices on such Person or Persons as to him shall seem meet, which have not their Compliment of Men to serve in the Militia, to be armed and accoutred according to the Act of the Militia, at the Charge of such Person or Persons on whom the said Apprentice or Apprentices are placed. Read and passed the Council, and consented to by his Excellency, the 1st of October, 1690. Read and passed the Assembly, this 30th of September, 1690, Nemine contradicente. John Whetstone, Deputy Secretary. G. Pain, Clerk of the Assembly. Nᵒ 349. An ACT for the better assertaining how the Bonds forfeited for carrying Persons of this Island without a Ticket shall be employed. Preamble. WHereas by an Act of this Island, Entitled, An Act concerning Ships, and the Duty of the Master or Merchant upon their Arrival, with the appointment of the Impost of Powder and Tonnage, bearing Date the First Day of July, One Thousand, Six Hundred, Sixty and Three; Clause I Amongst other things, It is Enacted by the Precedent, Council and Assembly, No Ship to trade before the Master presents himself to the Governor. and by Authority of the same, That whatsoever Master, Commander or Merchant of any Ship or Ships, Vessel or Boat whatsoever, arriving in any Port or Harbour, in or about, or coming to this Island, shall dare presume to trade, barter or bargain with any Person or Persons of this Island, or landlord any Goods or Commodities whatsoever (living Creatures only excepted) before he hath presented himself to the Governor or Precedent for the time being, 2d, Obtain Licence to Trade. 3d, Certified Ships Voyage and Loading. 4th, Made Entry. 5th, Given 2000 l. Security to carry none of without licence. and obtained Licence for the same, and certified his Ship's Voyage and Loading, and made Entry, and having given Security in the Secretary's Office in St. Michael's Town of Two Thousand Pounds Sterling, not to departed with his Vessel from, nor carry of this Island, any Inhabitant thereof, Freemen, Servants or Slaves, without a Ticket from the Governor or Precedent for the time being, etc. Shall pay and forfeit Ten Thousand Pounds of Muscovadoe Sugar. And it is further Enacted by the Authority aforesaid, That whatsoever Person or Persons shall carry of this Island in his Ship, Vessel or Boat, any Freemen, Servants or Slaves as have resided here, without a Ticket for the same, first had and obtained as aforesaid; That in all such Cases, such Persons Bond shall be signed over by Letter of Attorney from the Governor or Precedent, to such Person or Persons as shall be thereby prejudiced, to be sued, and the Penalty thereof recovered against him or them, out of which Recovery Satisfaction shall be awarded to the Person prejudiced, with his Charge and Damages, as by the said Act, Reference thereunto being had, may more fully appear. It is therefore Enacted by his Excellency Colonel James Kendal, Captain General and Chief Governor of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That from and after Publication of this Act, no Recovery that shall be made on any Obligation which hereafter shall be forfeited for carrying of any Person or Persons whatsoever, without a Ticket as aforesaid, shall be employed or assigned, to any other Intent or Purpose than what in and by the said Act is declared and appointed. And that no other use shall be hereafter made of any such Recovery nor greater Sum levied or taken from the said Person, against whom such Recovery is or shall be made, Than only to satisfy the said injured Person or Persons his or their Debt, Charges and Damages in that behalf sustained; any Law, Usage or Custom to the contrary notwithstanding. Read and passed the Council, and consented to by his Excellency, this 17th Day of December, 1690. Read and passed the Assembly, the 25th Day of November, 1690, Nemine contradicente. John Whetstone, Deputy Secretary. George Pain, Clerk of the Assembly. Nᵒ 350. An ACT to establish and ascertain the Bushel Weight, by which all sorts of Corn, Pulse or other the Produce of this Island shall be bought and sold. Preamble. WHereas great Damage and Deceit hath not only been done unto, but also many Differences and Controversies have arose and been moved between the Inhabitants of this Island, in buying and selling the Produce thereof, by reason of the uncertainty of the Contents of the Bushel weight, by which they bought and sold, some Persons allowing Seventy Pounds, others Seventy Four Pounds to the Bushel, etc. For Remedy whereof for the future, Be it Enacted by his Excellency Colonel James Kendal, Captain General and Chief Governor of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That from and after Publication hereof, Indian and Guinea Corn, Bonavis, Pease, Beans in the Ear or Husk, 74 l. Thrashed, Beaten or huskt. 56 l. a Bushel of Corn, either Indian or Guinea in the Ear or Stalk, or of any Bonavists, Pease, Beans or other Pulse in the Husk or Shell, shall contain Seventy Four pounds' Averdupoize Weight: And a Bushel of any the Produce Thrashed, beaten out or husked out of the Ear, Shell, Cod or Stalk, shall contain Fifty Six Pounds of like weight. And whatsoever Person or Persons, shall cell or dispose of any the Commodities aforementioned, contrary to the tenor of this Act, and the true intent and meaning hereof, shall forfeit the same, Forfeit. Half to the Informer. Half to the Poor. To be recovered by Warrant from a Justice of Peace. the one half to the Informer, the other half to the Churchwardens of the Parish where such Commodities are so disposed of, for the use of the Poor thereof, to be recovered against the Offender or Offenders, by Warrant from the next Justice of the Peace directed to a Constable, who is hereby required to proceed, as in case of Servants Wages. Read and passed the Council, and consented to by his Excellency, this 17th Day of December, 1690. Read and passed the Assembly, this 17th Day of December, 1690, Nemine contradicente. John Whetstone, Deputy Secretary. George Pain, Clerk of the Assembly. Nᵒ 351. An ACT for regulating the exorbitant Rates demanded and received by Masters of Ships and others for Freight of Sugars, etc. for Europe. Expired. Nᵒ 352. An ACT to revive and continued an ACT, Entitled, An ACT for laying an Imposition on Wines and other Strong Liquors imported this Island. Expired. Nᵒ 353. An ACT to confirm the Lease of Fontable to His Excellency Colonel James Kendal. Expired. Nᵒ 354. An ACT appointing a Committee for settling the Public Accounts of this Island. Expired. Nᵒ 355. a ACT to Repeal an ACT, for the Governing and Retaining within this Island all such Rebels Convict, as by His Majesty's most Sacred Order or Permit, have been or shall be Transported from His European Dominions to this Place. Preamble. WHereas by an Order in Council bearing Date at Whitehall, the Twentieth Day of November, One Thousand, Six Hundred and Ninety, His Majesty was pleased to extend his Mercy to certain Persons convicted of Rebellion, and sent as Servants to this Island; and that the aforesaid Act passed here the Fourth Day of January, One Thousand, Six Hundred, Eighty and Five concerning them should be Repealed. And whereas His Majesty hath been graciously pleased to signify to his Excellency Colonel James Kendal, his Royal Pleasure and gracious Intentions, as well to keep this Island in a state of Defence, and rendering his Mercy effectual to the Persons aforesaid, as to make known to the Council and Assembly, in that behalf, That an Act might be passed to Repeal the former, whereby the said Persons might be freed from their Servitude, under such Prouisoes and Restrictions as shall be requisite for hindering their Departure of this Island without his Majesty's special leave. Clause I Be it therefore Enacted by his Excellency Colonel James Kendal, Captain General, and Chief Governor of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That the aforesaid Act bearing Date the Fourth Day of January, One Thousand, Six Hundred, Eighty and Five, Entitled, An Act for Governing and Retaining within this Island, all such Rebels Convict, as by His Majesty's most Sacred Order or Permit, have been, or shall be Transported from His European Dominions to this Place; and all and every the Clauses, Sentences, Penalties and Prouisoes aforesaid contained therein, is and are hereby Repealed, and Declared to be null and voided, from and after the Date hereof, to all Intents, Constructions and Purposes whatsoever: Any Law, Usage or Custom to the contrary notwithstanding. Not to receive the customary Reward. Provided always nevertheless, That all and every such Person and Persons as shall have Benefit and Freedom by this Act, shall not receive the Reward according to the Custom of this Country, as all other Servants at Expiration of their times do usually receive: And shall be liable and obliged to serve and perform all Military Duties, To serve in the Militia. as by the Act of Militia in this Island is appointed, till His Majesty's Gracious Pleasure be farther known. And to the intent the aforegoing Clause may be duly observed, Clause TWO Be it Enacted by the Authority aforesaid, That none of the Persons receiving Benefit by this Act, None to leave this Island without their Majesty's Licence. shall at any time attempt to go of this Island without His Majesty's special leave. And for Prevention of such going of, the Secretary of this Island is hereby required, not to grant any Ticket to any Person whatsoever, without a Certificate first had and obtained from some one Justice of the Peace, by the Oath of one or more Witnesses, or the Justices own Knowledge, that he is not one of the Persons that by the Law Repealed were called Rebels Convict: Which Oath the several Justices within this Island, are hereby impowered and required to administer. And if they or any one of them, shall at any time attempt to run of or make an Escape from this Island, None to escape but to incur the Penalties of Runaways. without their Majesty's leave, shall for every such Offence be liable to, and incur the like Penalties, as by an Act of this Island, Entitled, An Act for the governing and ordering the Rights between Masters and Servants in this Island is appointed. Which Penalty of their Servitude shall be one Third to the Informer that shall prosecute such of the Persons aforesaid, that shall attempt to run of as aforesaid; and the other Two Thirds to the public use of this Island, and to be recovered as the said Act does direct. Read and passed the Council, and consented to by his Excellency, this 17th Day of March, 1690. Read and passed the Assembly, this 17th Day of March, 1690, Nemine contradicente. John Whetstone, Deputy Secretary. George Pain, Clerk of the Assembly. Nᵒ 356. An ACT for a Levy upon Mills Negroes, and Inhabitants of the several Towns within this Island, for their Houses, Trades and Personal Estates. Obsolete. An ACT to raise and provide a Strength of Labourers for Entrenching and Fortifying this Island in such Places as His Excellency shall direct. Nᵒ 358. An ACT appointing what Freeholders shall be deemed capable to elect or be elected Representatives, Vestry-Men, or serve as Jurors to try real Actions within this Island. Repealed. Nᵒ 359. An ACT for Prohibiting the several Clerks of the Courts of Common Pleas within this Island, to practise as Attorneys in the Courts where they are Clerks. Preamble. WHereas the several Clerks of the Courts of Common Pleas within this stand, have been sometimes Sworn Attorneys, and admitted to practise the Law, and pled in those Courts where they are Clerks, which hath been found of evil consequence to such Persons as have had Suits depending in the said Courts (the said Clerks preferring and furthering the Clauses of their Clients, and impeading and delaying others, they were retained against to the great obstruction and disturbance of the course of the Common Law, and against the good Customs heretofore had and used. For Remedy whereof for the future, Be it Enacted by his Excellency Colonel James Kendal, Captain General and Commander in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, No Clerk of a Court to be a Practiser there. That from and after Publication hereof, no Clerk whatsoever, of any of the Courts of Common Pleas within this Island, while he continues to execute the Clerk's Office, shall draw or prosecute, or be any ways as a Pleader or Practiser concerned in any Declaration, Count or Action, Real, Personal or mixed, or any Plea, Replication, Rejoinder, Sur-rejoinder, Rebutter, Sur-rebutter, Demurrer, or other Proceed whatsoever in the said Court in which he is Clerk, upon pain of forfeiting his Office, Forfeits his Office, and being barred and excluded from being a Sworn Clerk in any of the Courts of Common-Pleas for ever. And he shall forfeit Fifty pounds' Current Money to be recovered by Bill, And 50 l. Plaint or Information in any of their Majesty's Courts of Common-Pleas within this Island, the one half to the Informer, the other half to their Majesties for the use of the Fortifications thereof. Read and passed the Council, and consented to by his Excellency, this 4th Day of August, 1691. Read and passed the Assembly, being carried in the Affirmative, the Third time, this 4th of Aug. 1691. John Whetstone, Deputy Secretary. George Pain, Clerk of the Assembly. Nᵒ 360. An ACT declaring in what manner the Salaries and Expenses of Edward Littleton and William Bridges, Esquires, Agents in England, appointed for Soliciting of the Affairs of this Island shall be paid. Expired. Nᵒ 361. a ACT to Repeal a Clause of an ACT, Entitled, An ACT for a Levy upon Mills, Negroes and Inhabitants of the several Towns within this Island, for their Houses, Trade and Personal Estates. Obsolete. Nᵒ 362. An Additional ACT to an ACT, Entitled, An ACT to raise and provide a Strength of Labourers for Entrenching and Fortifying this Island in such Places as His Excellency shall direct. Expired. Nᵒ 363. An ACT to revive and continued an ACT for laying an Imposition on Wines and other strong Liquors imported this Island. Expired. Nᵒ 364. An ACT for the enabling the Honourable William Sharp, Esq. Son and Heir of Colonel William Sharp, late of this Island, Deceased, to cell and convey a part of his Land being waste and unimproved, for the Payment of his Father's Debts, and some other Debts contracted in his Minority, which is now a Burden upon the said Estate; as also to enable him to stock and fully improve the remainder. WHereas Colonel William Sharp late of this Island, Deceased, was in his Life-time, and at the time of his Death, seized of a certain Plantation lying and being in the Parishes of St. Thomas and St. Joseph, in this Island, some part whereof was by him at great Expense, Cost and Charges, improved and reduced into a Sugar-work; the residue lying and being remote, continued waste and unimproved, yielding little or no benefit to him or any other. And the said Colonel William Sharp dying much indebted by reason of the great Charge of building and stocking the said improved part; at whose Death the whole descending to William Sharp, Esquire, his Eldest Son and Heir, much encumbered with the said Debts of his Father, as also with other large and considerable Debts contracted by his Mother during his Minority, which still remains unpaid. And whereas the said William Sharp the Son, has been always desirous and willing to pay and discharge the said Debts since his being of full Age, but hath not been able to perform the same, nor now is, unless he can cell some part of his said waist and unimproved Land. But by reason of a Writing pretended to be a Will of his said Fathers, though it was never Sealed, Published or Declared to be such; and likewise of a pretended Deed supposed to be made and executed between the said William the Son, his said Mother, and Sir Thomas Mompesson, wherein Four Hundred and Fourteen Acres of his said Land is pretended to be made over as Security for several Settlements contained in the said pretended Deed. He the said William the Son, cannot get any Person to purchase of him any of his said waste Land (they fearing the Title may be encumbered by the said pretended Will and Deed: (So that the said Debts and Encumbrances remain unsatisfied, and will do so, Unless the said William Sharp be enabled by an Act of this Island for the better satisfaction of Purchasers to make Sale of his superfluous and waste Land, which he has over and above Four Hundred and Fourteen Acres, to pay the said Debts, which must otherwise fall upon the Stock and improved part, to its utter Ruin, he being every Day rendered lesle and lesle capable, through the growing interest of the said Debts, not only to pay them, but to continued the improvements of the said Four Hundred and Fourteen Acres, for want of such Stock as it at present needs. For Redress and Remedy of which apparent Mischiefs, and that the Creditors may be duly paid, and the rest of the Estate preserved and fully improved, wherein also the Public is in some measure concerned, Clause I Be it therefore Enacted by his Excellency Colonel James Kendal, their Majesty's Captain General and Governor in Chief of this and other the Charibbee-Islands, etc. and by the Honourable the Council and General Assembly of this Island, And it is hereby Enacted and Declared by the Authority of the same, and the said William Sharp is hereby allowed and fully impowered and enabled by virtue of this Act, to make any Sale, Conveyance or Disposition in Fee-Simple or otherwise, as he shall think fit, to any Person or Persons, their Heirs and Assigns for ever, for the better enabling him to pay the said Debts, and further stocking the remainder of all such Lands of the said Plantation that was his Fathers, which now lies waste and unimproved; that is over and above Four Hundred and Fourteen Acres next adjoining, and most convenient to the Sugar-work thereon: Which Four Hundred and Fourteen Acres is first to be made certain by a Plot thereof, to be run out by a Sworn Surveyor, and recorded in the Secretary's Office of this Island, before any Disposition or Sale be made of the said Overplus, The said William Sharp being now willing to reserve from Sale, the Four Hundred and Fourteen Acres of Land aforesaid, to answer all Pretences that may be grounded upon the said pretended Deed, until the validity or invalidity thereof be determined by due course of Law or Equity. Clause TWO And it is further Enacted by the Authority aforesaid, That whosoever shall purchase any of the said Lands permitted to be sold by this Act, shall be enabled hereby to hold and keep the same to them and their Heirs or otherwise, according to the tenor of the Conveyance thereof to him or them made by the said Honourable William Sharp. Any thing contained in the said pretended Will or Deed of Settlement to the contrary in any wise notwithstanding. Read and passed the Council, and consented to by his Excellency this 19th Day of January, 1691. Read and carried the Third time in the Affirmative, this 19th Day of January, 1691. John Whetstone, Deputy Secretary. George Pain, Clerk of the Assembly. Nᵒ 365. An ACT to prohibit and hinder the Inhabitants of this Island, to employ their Negroes and other Slaves in Buying and Selling. Expired. Nᵒ 366. A Supplemental ACT to an ACT, Entitled, An ACT to raise and provide a Strength of Labourers for entrenching and fortifying this Island in such Places as his Excellency shall direct. Expired. Nᵒ 367. An ACT to secure and reimburse the Honourable Colonel Richard Salter, Treasurer of this Island, all such Sums of Money, together with the Interest of the same, after the Rate of Ten per Cent. per Annum he shall lend and accommodate towwards the hiring, equipping and fitting out Two Ships, Sloops or other Vessels of War for the Defence of this Island. Obsolete. Nᵒ 368. A further Supplemental ACT to an ACT, Entitled, An ACT to raise and provide a Strength of Labourers for entrenching and fortifying this Island in such Places as his Excellency shall direct. Expired. Nᵒ 369. An ACT for Accommodating and Quartering their Majesty's Soldiers lately arrived here. Obsolete. Nᵒ 370. An ACT appointing a Committee for settling the Public Accounts of this Island. Expired. Nᵒ 371. A Declarative ACT to an ACT, Entitled, An ACT to raise and provide a Strength of Labourers for entrenching and fortifying this Island in such Places as his Excellency shall direct, and the Additional and Supplemental Acts thereto. Expired. Nᵒ 372. An ACT enabling John Kirton, Gentleman, to Cell certain Lands in the Parish of , in the Island of Barbados, for the Payment of his Debts. Preamble. WHereas William Kirton, late of the said Parish and Island Esquire, Father of the said John Kirton, was in his Life-time and at his Death seized in Fee-Simple of and in a certain Plantation or Parcel of Land, with the Appurtenances lying and being in the said Parish of , called Brook-haven Plantation, containing by estimation One Hundred, Forty Six Acres of Land, be the same more or lesle; And being so seized, the said William Kirton did by his last Will and Testament in Writing bearing Date the Eleventh Day of November, Anno Domini, One Thousand, Six Hundred, Sixty and Nine, amongst divers other Gifts Legacies and Bequeasts therein, give and bequeath to his said Son, John Kirton, and to the Issue Male of his Body to be begotten, the said Plantation, with Twenty Negroes; And did thereby make and appoint several Limitations over in Tail, and Remainders of the said Estate to vest in several other Persons named in the said Will, in case the said John Kirton should hap to dye without Issue Male of his Body begotten. And whereas the said John Kirton hath long since accomplished the Age of One and Twenty Years, and hath issue Male of his Body lawfully begotten, and now living inheritable to the said Estate Tail settled by the said William. And forasmuch as the said John Kirton is become considerably indebted to divers Persons in this Island, and hath not any Personal Estate wherewith to satisfy his said Debts, which daily increase by Addition of Interest, Nor hath he any Stock of Negroes or to manure his aforesaid Plantation, which must inevitable lie desolate and become of no profit or benefit to the said John Kirton to support himself and Family, or to satisfy his Creditors Debts; and to extricate himself from these Mischiefs, There is no means left but the assistance of one Act of this Island to enable him to cell his Plantation, Land and Premises, devised and settled by the said Will in manner aforesaid, and thereby Dock all Intails, and Barr all Remainders depending upon the Estate Tail, created by the said William. Clause I Be it therefore Enacted by his Excellency Colonel James Kendal, Captain General and chief Governor of this Island, and by the Council and Assembly thereof, and by the Authority of the same, it is hereby Declared and Enacted, that the said Plantation, Lands and Premises called Brook-haven-Plantation, with the Appurtenances lying and being in the said Parish of Christ-Church, and settled as aforesaid, shall be for ever hereafter adjudged and deemed, and to all Intents, Constructions and Purposes in the Law whatsoever vested and settled in the said John Kirton and his Heirs, as a good, pure, perfect and absolute Estate of Inheritance in Fee-Simple. Clause TWO And it is hereby further Enacted and Declared by the Authority aforesaid, That all Estates in Remainders or Reversion, and all Remainders or Reversions expectant upon the said Plantation, Lands and Premises, and settled and limited by the said Will of the said William Kirton, are for ever hereby docked and barred; And all Person or Persons whatsoever claiming any Estate, Right or Title in Remainder or Reversion by the said Will are for ever hereby foreclosed of their Claims and Demands: And also that he the said John Kirton and his Heirs, are hereby enabled to make any Conveyance, Sail or Disposition of all or any part of the said Plantation, Lands and Premises with their Appurtenances, to any Person or Persons whatsoever, and to their Heirs and Assigns, for the better enabling the said John Kirton to pay and satisfy his Debts: Any Law Custom or Usage to the contrary in any wise notwithstanding. Provided nevertheless, That all such Sum or Sums of Money, as shall be raised upon the Sail of the aforesaid Plantation (Except the Sum of Two Hundred Pounds, which the said John Kirton hath disbursed in raising Buildings on the said Estate and other Necessaries for the advantage thereof, which Sum shall be applied towards satisfaction of the aforesaid John Kirton's Debts) shall be by him laid out; and he the said John Kirton is hereby enjoined and required to lay out, apply and dispose of the same in the purchase of other Lands in this Island, to the same uses and for such Estates as the Plantation is settled by the said William. Provided always nevertheless, and it is the true intent and meaning of this Act, that nothing therein contained, shall prejudice or hinder any Person or Persons whatsoever in their just Claims, Right and Title to the said Plantation, Lands and Premises deraigned paramount to the last Will and Testament of the said William Kirton. Read and passed the Council, and consented to by his Excellency, this 15th Day of November, 1692. Read and passed the Assembly, Nemine contradicente. John Whetstone, Deputy Secretary. George Pain, Clerk of the Assembly. Nᵒ 373. An ACT appointing what Freeholders shall be deemed capable to Elect or be Elected Representatives, Vestry-men, or serve as Jurors to try real Actions within this Island. Repealed. Nᵒ 374. A Declarative ACT concerning Trade. WHereas heretofore the Subjects of the Kingdom of Spain have been permitted to trade here, and to buy and purchase Negroes, which Trade hath been in some measure restrained by an Act of this Island, or by some Clause or Clauses thereof, laying a Tax or Duty on such Negroes so bought and purchased, which said Act long since expired. To the intent therefore, That the same may be manifest and made known, Be it Enacted, and it is hereby Enacted and Declared by his Excellency Colonel James Kendal, Captain General and Chief Governor of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That the said Act, and all and every Act and Acts of this Island, and all and every the Sentences, Clauses and Penalties therein contained, which did lay a Tax or Duty on any Negro or Negroes so bought or purchased by any Subjects of the King of Spain, shall be and are hereby declared absolutely null, voided and of none effect; and that the said Subjects of the King of Spain may have free liberty of trading to this Place for Negroes as aforesaid, and that no Tax or Duty shall be laid upon or required from them for such Negroes as shall be by them bought for the future. Read and passed the Council, and consented to by his Excellency, this 2d Day of August, 1692. Read and passed the Assembly, Nemine contradicente, the 2d Day of August, 1692. John Whetstone, Deputy Secretary. George Pain, Clerk of the Assembly. Nᵒ 375. An ACT to Raise, Arm and Accouter One Thousand Men for an Expedition against the French. Expired. Nᵒ 376. A Supplemental and Explanatory ACT to an ACT, Entitled, An ACT to Raise, Arm and Accouter One Thousand Men for an Expedition against the French. Obsolete. Nᵒ 377. An ACT appointing an Oath to be taken by all such as by the Laws of this Island are or shall be impowered to hear and determine Writs of Error and Petitions of Grievances, and all other Matters of Equity whatsoever. Preamble. WHereas by the ancient Customs, Laws and Practices of this Island, the Governor and Council for the time being, have always set to hear and determine all Matters and Controversies in Error and Equity; Which Custom and Practice hath hitherto been continued in this Island, and believed to be part of the business of the Council, to which they thought themselves obliged by their Oath of Councillor. But forasmuch as some Doubts and Scruples have lately arisen touching the authority of the Council to set and judge in the Matters aforesaid, without a distinct Oath, and that it is therefore necessary that some other Oath should be taken by the Members thereof, more fully to qualify them to act therein, Clause I Be it therefore Enacted and Ordained, and it is hereby Enacted and Ordained by his Excellency Colonel James Kendal, Captain General and Commander in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That from and after the Date hereof, no Person shall be admitted to set and judge in the aforesaid Matters, until he hath first taken the following Oath: You do Swear, That you will according to the best of your Skill, Conscience and Judgement, do equal Right, Law and Justice to their Majesty's and all their Subjects and People, both Rich and Poor, without Favour or Affection, Hatred or Malice, or having regard to any Person whatsoever, that hath any Matter, Cause or Thing at any time depending before you. So help you God, etc. Which said Oath the Governor for the time being, is hereby impowered to administer to each Member that is to set and determine in the matters aforesaid. Clause TWO And be it further Provided by the Authority aforesaid, That whereas his Excellency is by the Laws of this Island, greatly entrusted in determining all the Matters aforesaid, and of consequence is become included in the Oath aforesaid, and there being no sufficient Authority to administer unto him the said Oath, Be it Enacted, That his Excellency taking the same Oath of his own Administration, shall be as effectual compliance with this Act, as if done by a Dedimus specially obtained therefore. Read and consented to by his Excellency, the said 25th Day of October, 1692. Read and passed the Council, and from them sent to the Assembly. John Whetstone, Deputy Secretary. John Whetstone, Deputy Secretary. Read and passed the Assembly, this 25th Day of October, 1692, Nemine contradicente. George Pain, Clerk of the Assembly. Nᵒ 378. An ACT for encouragement of all Negroes and Slaves, that shall discover any Conspiracy. WHereas sundry of the Negroes and Slaves of this Island, have been long preparing, contriving and designing a most horrid, bloody, damnable and detestable Rebellion, Massacre, Assassination and Destruction by them to be committed, done and perpetrated upon and against all the white Inhabitants hereof. But before this should be effected, it hath pleased Almighty God to give us a gracious Deliverance by a miraculous discovery thereof. To the end such barbarous Purposes and Practices may be prevented for the future, and that such Negroes and Slaves as are not infected and drawn in by the wicked and devilish instigations of others may not be excited thereto, nor perverted in point of their obedience, but may be encouraged to continued orderly and quietly, and discover so soon as shall come to their Knowledge, any Design, Purpose or Intent of any Negro or other Slave, to commit or abet any Insurrection or Rebellion. Be it Enacted by his Excellency Colonel James Kendal, Captain General and Chief Governor of this and other the Charribee-Islands, the Honourable the Council and General Assembly of this Island, and by the Authority of the same, That whatsoever Negro or Slave shall after Publication hereof, hear any other Negro or Slave, speak or utter any Words tending to Mutiny, Insurrection or Rebellion, or shall have or prepare any Gunpowder, Ball, Sword, Lance or other warlike Instrument than what are allowed for watching or other Service of the Country, and shall forthwith discover the same to any Justice of the Peace of this Island, The said justice shall join himself to the next Justice of the Peace, and they two are hereby impowered and required to 'cause the said Negro or other Slave so accused, forthwith to be apprehended, and the Accuser and Accused to be brought Face to Face, and shall diligently inquire into the said Matter: And if they shall found the Accusation just, they shall secure the said Negro or Slave, and report the said Matter to his Excellency or other Governor for the time being, who is hereby humbly requested to appoint Field-Officers to try the said Negro or Slave, as by the Act entitled, An Act for the Governing of Negroes is provided, who are to proceed accordingly. And if they the said Field Officers shall found the said Negro or Slave guilty of what he or she stands accused, and shall condemn him or her to suffer Death, Such Field Officers shall appraise the Condemned Negro as by the said Act is appointed: But the Negro which accuses the other, the Field Officers shall appraise at his or her full Value and worth, although it exceed the Sum by the said Act limited; of which the said Field Officers shall forthwith certify his Excellency or the Governor for the time being upon Oath; who is hereby requested to draw an Order on the Treasurer for that Sum which such Accuser is valued at, to be paid to the Owner of such Negro or Slave at sight. And upon Payment thereof, his Excellency or the Governor for the time being, is requested to declare the said Negro or Slave free, and such Negro shall be sent of this Island by the Treasurer, to such Place where he or she shall desire, who is hereby required to pay for such Negro's Passage. But if such Negro had rather stay here with his Master, Mistress or Family, and not be Free, such Negro shall receive Forty Shillings to his own use from the said Treasurer. And if any Negro or Slave shall not make good his or her Accusation against such Negro or Slave as he or she shall accuse, such Negro or Slave shall receive such Punishment, not to extend to Life or Member, as by order of the said Two Justices or Field Officers who shall hear the Matter, shall think fit. Read and passed the Council, and consented to by his Excellency, this 27th Day of October, 1692. Read and passed the Assembly, Nemine contradicente, this 26th Day of October, 1692. John Whetstone, Deputy Secretary. G. Pain, Clerk of the Assembly. Nᵒ 379. An Additional ACT to an ACT, Entitled, An ACT for the Governing of Negroes. WHereas by an Act of this Island, Entitled, An Act for the Governing of Negroes, bearing Date the Eighth Day of August, One Thousand, Six Hundred, Eighty and Eight, amongst other things it was Enacted in these Words. And be it further Enacted by the Authority aforesaid, That all Acts heretofore made concerning or relating any ways to the governing of Negroes enacted before the Date of this Act, shall be Repealed, and are hereby Repealed to all Intents and Purposes whatsoever. And whereas by a former Act of this Island, Entitled, Recital of a former Act. A Supplemental Act to a former Act, Entitled, An Act for the better Ordering and Governing of Negroes, bearing Date the One and Twentieth Day of April, One Thousand, Six Hundred, Seventy and Six, it was Enacted in these Words, viz. That if any Negro or Slave after he hath lived in this Island for the space of Twelve Months at lest, shall run away from his Master or Mistress, and continued absent above the space of Thirty Days, such Negro or Slave shall suffer Death for the same, the Offence to be tried as the Offences expressed in the first Branch of this Act; and the Owner of such Negro or Slave, shall be allowed his reasonable Value from the public Treasury of this Island, in the same manner as is allowed for other Negroes that suffer Death by this Act. Which last mentioned Act was often revived and continued; but the same Clause after some Negroes had suffered Death for running away as aforesaid was Repealed, it being expected, that others would have taken warning thereby, and not have been guilty of such Offence for the future. And forasmuch as the first mentioned Act now in force, bearing Date the Eighth Day of August, One Thousand, Six Hundred, Eighty and Eight, hath made no Provision, That such Slaves as absent themselves Thirty Days, shall suffer Death as aforesaid; and such is their brutish and barbarous Nature, that they will not be reclaimed by any fair means, But by the often running away of Negroes and Slaves, and by their long Absence from the Service of their Owners, they become desperate, and daily plotting, commit Felonies and other Enormities, not only to the terror and affrightment of the Neighbourhood, but the danger of the Island in general. Be it Enacted by his Excellency Colonel James Kendal, Captain General and Chief Governor of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by the Authority of the same, That if after Publication of this Act, any Negro or Negro, or other Slave or Slaves, after he, she or they have lived in this Island one whole Year, Runaway 30 Days, to suffer Death. that is, are or shall run away and absent him, her or themselves from the Service of his, her or their Master, Mistress or other Persons with whom he, she or they reside, and shall continued absent for and during the space of Thirty Days, shall suffer Death for the same, the said Offence and Offences to be tried in the like manner by Two Justices of the Peace, and Three Freeholders, as other Criminals in and by the said Act now in force (to which this is an Addition) are appointed to be tried, Such Negro or Slave to be valued by them the said Justices and Freeholders; which Value the Owner thereof shall be paid and allowed out of the Public Treasury of this Island, as is allowed for other Negroes that suffer Death by the said Act. Read and passed the Council, and consented to by his Excellency, this 27th Day of October, 1692. Read and passed the Assembly, Nemine contradicente, this 26th Day of October, 1692. John Whetstone, Deputy Secretary. George Pain, Clerk of the Assembly. Nᵒ 380. An ACT for the free Quartering a Regiment of Their Majesty's Soldiers. WHereas the late Mortality, sparing of Men to the Relief of the Leeward Islands, and the want of Servants coming during this War, hath much lessened the Strength of this Island, and his Excellency hath been pleased to signify, that he will writ to the Lords of the Committee to interceded with Their Majesties to permit a Regiment of Soldiers designed for the Leeward for the Expedition against the French, may after such Expedition is over, remain here for the reinforcement and defence hereof. Be it Enacted by his Excellency Colonel James Kendal, Captain General, and Chief Governor of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That in case Their Majesties will please graciously to appoint a Regiment of Soldiers to be sent up hither from the Leeward Islands, after the Expedition is over, to remain here during this present War; Soldiers to have free Quarter. Such Soldiers shall have and receive Free-Quarters here, viz. Meat, Drink and Lodging, in as full manner as hired Freemen, and shall be placed on such Persons inhabiting here, as his Excellency or Governor for the time being shall appoint. Read and passed the Council, and consented to by his Excellency, this 27th Day of October, 1692. Read and passed the Assembly, Nemine contradicente, the 27th Day of October, 1692. John Whetstone, Deputy Secretary. George Pain, Clerk of the Assembly. Nᵒ 381. An ACT appointing Persons to ride Armed. Expired. Nᵒ 382. An ACT for prohibiting the Selling of Rum or other Strong Liquors to any Negro or other Slave. WHereas many Enormities have been committed, and Mischiefs hatched and contrived by Negroes and other Slaves when Opportunities have been given of meeting and excessive Drinking thereat: For Remedy thereof for the future, Be it Enacted by his Excellency Colonel James Kendal, Captain General and Chief Governor of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by the Authority of the same, That whatsoever Person or Persons after Publication hereof, shall cell any Rum or any other Strong Liquors to any Negro or Slave, or any other Person for the use of any Negro or Slave, and being convicted thereof by the Oath of any Christian before the next Justice of the Peace, shall forfeit Twenty Shillings Sterling for every such Offence, the one half to the Informer, the other half to the Poor of the Parish where the Offender liveth, to be recovered by Warrant from the next Justice of the Peace, as in case of Servants Wages. And if any white Person whatsoever shall buy any Rum or other Strong Liquors for any Negro or Slave, shall forfeit Twenty Shillings for every such Offence, to be recovered in manner as aforesaid, the one half to the Informer, the other half to the Poor as aforesaid, or receive Ten Lashes upon his or her bore Back, by Order of the next Justice, the Whipper to receive Fifteen Pence to be paid by the Churchwarden by order of the said Justice for the time being. Read and passed the Assembly, Nemine contradicente, the 25th of Octob. 1692. Read and passed the Council, and consented to by his Excellency, this 27th of October, 1692. George Pain, Clerk of the Assembly. John Whetstone, Deputy Secretary. Nᵒ 383. An ACT to revive and continued an ACT, Entitled, An ACT to prohibit and hinder the Inhabitants of this Island to employ their Negroes and other Slaves in Buying and Selling. Expired. Nᵒ 384. An ACT to revive and continued an ACT for laying an Imposition on Wines and other strong Liquors imported to this Island. Expired. Nᵒ 385. An ACT for defraying the Charge of accommodating the Court Martial and Officers appointed for the Trial of Negroes. Obsolete. Nᵒ 386. An ACT for settling the Rates of Freight for Commodities of the Produce of this Island Shipped for Europe. Expired. Nᵒ 387. An ACT for a present Accommodation of Their Majesty's Forces arrived and daily expected. Obsolete. Nᵒ 388. An ACT appointing a Committee for settling the Public Accounts of this Island. Expired. Nᵒ 389. An ACT for a Present to the Governor. Obsolete. Nᵒ 390. An ACT to raise and provide a Strength of Labourers to clean the Trenches, and repair the Breast-works and Fortifications of this Island, as his Excellency shall direct. Expired. Nᵒ 391. Repealed by the late Act of Militia. A Supplemental ACT, to an ACT, Entitled, An ACT for the Settlement of the Militia of this Island Nᵒ 392. An ACT appointing a controller. Obsolete. Nᵒ 393. An ACT for adding some new Commissioners for settling the Accounts of the late Expedition. Obsolete. Nᵒ 394. An ACT to revive and continued an ACT for laying an Imposition on Wines and other Strong Liquors imported this Island. Expired. Nᵒ 395. An ACT for the speedy Supplying Their Majesty's Ships of War the Tiger and the Mermaid with Men. Obsolete. Nᵒ 396. An ACT for raising a Levy to discharge the Debts of this Island. Obsolete. Nᵒ 397. An Additional ACT to an ACT, Entitled, An ACT for laying an Imposition on Wines and other Strong Liquors imported this Island. Expired. Nᵒ 398. An ACT appointing a Committee for settling the Public Accounts of this Island. Expired. Nᵒ 399. An ACT for a present Supply of the Necessities of this Island. Obsolete. Nᵒ 400. An ACT for an equal Quartering of the Soldiers of his Excellency's Regiment lately arrived and that shall arrive. Expired. Nᵒ 401. An ACT to revive and continued an ACT, Entitled, An ACT for laying an Imposition on Wines and other Strong Liquors imported this Island. And an Additional ACT to an ACT, Entitled, An ACT for laying an Imposition on Wines and other Strong Liquors imported this Island. Expired. Nᵒ 402. An ACT to prevent the breaking up and taking away of any Rocks or Stones in any part of the Sea or Sea-Shoars before this Island. WHereas divers Persons for their private Benefit do continually break and dig up, and carry away great Quantities of Rocks and Stones near the Sea-Shoar, and thereby tender those Places where the Access of Boats was difficult, easy and safe, to the great hazard of the Island, in case of Foreign Invasion. It is therefore Enacted by his Excellency Colonel Francis Russel, Esquire, Captain General, and chief Governor of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by the authority of the same, That no Person or Persons whatsoever after Publication hereof, presume to dig or break up, or carry away by Boat or Vessel or otherwise, any Stones or Rocks in any part of the Sea of this Island, within Musket-shot of Low-water Mark, under Penalty of forfeiting all such Boats or Vessels, in which the same shall be so loaded and carried, and for every Person, Negro or Slave employed in such Work, The Person employing him or them, shall forfeit Six Pounds Sterling, to be recovered upon Complaint and Proof made before any Justice of the Peace, as in case of Servants Wages, the one Moiety thereof to the Informer, the other Moiety thereof to the Public. Provided nevertheless, That this Act shall not restrain the taking of lose Stones washed up by the Sea over all such Rocks and Shoals where not Boat can pass. Read and passed the Council, and consented to by his Excellency, this 13th Day of November, 1694. Read and passed the Assembly, Nemine contradicente, the 13th of November, 1694. Thomas Brewster, acting as Deputy Secretary, by the governor's Order. George Pain, Clerk of the Assembly. Nᵒ 403. An ACT to remit the Forfeitures incurred by nonpayment of the Levies imposed by an ACT for a present Supply of the Necessities of this Island. Obsolete. Nᵒ 404. An ACT for setting forth the Brigandeen Marygold now taken up in the Service of this Island, and defraying other pressing Necessities thereof. Obsolete. Nᵒ 405. a ACT impowering the Freeholders of the Parish of St. John's, to meet and choose a Vestry of Freeholders in the said Parish. Obsolete. Nᵒ 406. An ACT for laying an Imposition on Wines and other Strong Liquors imported this Island. Expired. Nᵒ 407. An ACT for Securing such Persons as shall advance Seven Hundred and Four Pounds Sterling, for Victualling of His Majesty's Ships of War, the Bristol and the Play Prize, and the furnishing them with other present Necessities. Obsolete. Nᵒ 408. An ACT appointing the Agents and the Payment of their Salaries for the soliciting the Affairs of this Country. Preamble. WHereas on a full Debate of this House, it hath been held absolutely necessary that the Inhabitants of this Island should have some fitly qualified Persons residing in England, to present, solicit and manage their Addresses, Grievances, Negotiations and Affairs, as shall from time to time be entrusted and committed to them, have resolved and do Elect, Nominate and Appoint Edward Littleton and William Bridges, Esq. and Francis Eysles, Merchant, Agents in England for the purpose aforesaid, to each of whom there is settled the respective Annual Sum of Two Hundred and Fifty Pounds Sterling, to continued for Two Years certain, and to commence from their Receipt of a Letter, to be forthwith sent by his Excellency, the Honourable the Council and general Assembly of this Island, and have also appointed that the Sum of One Thousand, Five Hundred Pounds Sterling be placed and lodged in the Hands of the said Francis Eysles, to be employed for Fees, Solicitations and other necessary Charges incident to the same employment, and for payment of any Sum or Sums which have or shall be expended in the Service of this Island. Clause I Be it therefore Enacted by his Excellency Francis Russel, Esquire, Captain General and Chief Governor of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, 250 Pound Sterling per Annum for the Agents. That the Sum of Two Hundred and Fifty Pounds Sterling per Annum, shall be respectively allowed, and is hereby declared to be allowed, and shall be paid in London to each of the said Agents for the Management of the Affairs aforesaid, to be defrayed and paid by the Treasurer of this Island for the time being, out of the Public Treasury thereof. And the said Treasurer is hereby required to remit to the said Edward Littleton, William Bridges and Francis Eysles, the said Salaries of Two Hundred and Fifty Pounds Sterling each, at the expiration of each Year. Clause TWO And be it further Declared and Enacted by the Authority aforesaid, That the Sum of One Thousand Five Hundred Pounds Sterling be speedily remitted by the said Treasurer, 1500 Pound to be remitted to the Agents. to the said Francis Eysles in England, to be employed, disbursed and expended for Fees, Solicitations and other necessary Charges incident to the Service of this Island, and the Employment and Trust reposed in the said Agents, as also for the payment of any Sum or Sums which have or shall be expended in the Service of this Island; and the said Treasurer is hereby allowed to defaulk out of the Treasury, and pay unto himself the usual Exchange allowed between this Island and England, at such time and times as such Payments shall be made: This Act to continued, and be of full force for Two Years, from and immediately after the Receipt of the Letters aforesaid, by the said Agents in manner aforesaid, and no longer. Read and passed the Council, the 18th Day of December, 1695. Read and passed the Assembly, the 18th Day of December, 1695, Nemine contradicente. George Pain, Deputy Secretary. William Rawlin, Clerk of the Assembly. Nᵒ 409. An ACT for a Present of Two Thousand Pounds Sterling, to the Honourable Francis Russel, Esquire. Obsolete. Nᵒ 410. An ACT for Additional Supply of the Soldiers of His Majesty's Regiment of Foot, whereof his Excellency Francis Russel, Esquire is Colonel. Expired. Nᵒ 411. An ACT to revive and continued an ACT for laying an Imposition on Wines and other Strong Liquors imported this Island. Expired. Nᵒ 412. An ACT for a Present of Two Thousand Pounds Sterling, unto the Honourable Francis Russel, Esquire. Obsolete. Nᵒ 413. An ACT appointing a Committee for settling the Public Accounts of this Island. Expired. Nᵒ 414. An ACT for laying an Imposition on Wines and other Strong Liquors imported this Island. Expired. Nᵒ 415. An ACT for taking up a Sloop to fetch up the Men from the Leeward Islands. Obsolete. Nᵒ 416. An ACT for raising a Levy to set out Ships, and encourage Privateers. Obsolete. Nᵒ 417. An ACT for the Encouragement of Privateers. Obsolete. Nᵒ 418. a ACT impowering Philip Kirton, Gent. to Cell certain Lands in the Parish of . WHereas William Kirton, late of the said Parish and Island, Esquire, Grandfather of the said Philip Kirton, was in his Life-time and at his Death seized in Fee-Simple of and in several Plantations or Parcels of Land, with the Appurtenances lying and being in the said Parish of , and Island aforesaid, containing by estimation in the whole, Two Hundred Forty Five Acres, be the same more or lesle; And being so seized, the said William Kirton did by his last Will and Testament in Writing, bearing Date the Eleventh Day of November, in the Year of Our Lord God, One Thousand, Six Hundred, Sixty and Nine, amongst other Legacies and Bequeasts therein, give and bequeath unto his Eldest Son Philip, by his Second Wife Susannah, and to the Issue Male of his Body lawfully to be begotten, the said Plantations, with all and every their Appurtenances, together with all his Negroes and Stock whatsoever not before by the said Will given, to be to his said Son Philip Kirton, and the Heirs Male of his Body to be begotten; And did thereby also make and appoint several Limitations over in Tail, and Remainders of the said Estates to vest in several other Persons named in the said Will, in case the said Philip Kirton should hap to dye without Issue Male of his Body begotten. And whereas the said Philip Kirton Son of the said William Kirton, had issue lawfully begotten, the said Philip Kirton, which said Philip Kirton the Grandson, is now living and possessed of the said Lands settled by the said William. But forasmuch as that the said Philip hath not any Stock of Negroes or to manure the said Lands, which for want thereof, lie desolate, and are of no profit or benefit to the said Philip Kirton, to support himself and Family, part of which Lands have been already Attached and extended for Military Duties, and Parochial Charges, and the Quantity will be daily lessened by such unavoidable Encumbrances; To Prevent which Mischiefs, there is no means left but the assistance of an Act of this Island, to enable him to cell his said Plantation or Plantations, Lands and Premises, and thereby Dock all Intails and Bar all Remainders depending on the Estate Tail, created by the said William. Be it Enacted by his Excellency Francis Russel, Esquire, Captain General and Chief Governor of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That the said Plantation and Plantations, Lands and Premises, with the Appurtenances lying and being in the Parish of Christ-Church, and Island aforesaid, settled as aforesaid, shall be for ever hereafter adjudged and deemed, and to all Constructions of the Law whatsoever, vested and settled in the said Philip Kirton, as a good, pure, perfect and absolute Estate of inheritance in Fee-simple. And it is hereby further Enacted, and Declared by the Authority aforesaid, That all Estates in Remainder or Reversion, and all Reversions and Remainders expectant upon the said Plantation and Plantations, Lands and Premises, and settled and limited by the Will of the said William Kirton, are hereby for ever docked and barred, and all Person or Persons whatsoever claiming any Estate, Right or Title in Remainder or Reversion by the said Will, are for ever hereby foreclosed of their Claims and Demands, and also that the said Philip Kirton and his Heirs, are hereby enabled to make any Sale or Disposition of the said Lands and Premises, with their Appurtenances, to any Person or Persons whatsoever, and to their Heirs and Assigns; any Law, Custom or Usage to the contrary notwithstanding. Read and passed the Council, and consented to by his Excellency the 19th Day of June, 1696. Read and carried in the Affirmative, the 3d time, this 13th Day of April, 1696. G. Pain, Deputy Secretary. William Rawlin, Clerk of the Assembly. Nᵒ 419. An ACT to encourage the bringing in of Christian Servants to this Island. Obsolete. Nᵒ 420. An ACT for the supply of Commission Officers of His Majesty's Regiment, whereof his Excellency Francis Russel is Colonel. Expired. Nᵒ 421. a ACT impowering the Freeholders of the Parish of St. Thomas, to meet and choose a Vestry of Freeholders in the said Parish. Obsolete. Nᵒ 422. An ACT to raise and provide a strength of Labourers to clear the Trenches, and repair the Breast-works and Fortifications of this Island. Obsolete. Nᵒ 423. A Supplemental ACT to an ACT, Entitled, An ACT for the Settlement of the Militia of this Island. An ACT to prevent Frauds and Concealments in the Payment of the Powder Duty. Nᵒ 424. Repealed by Act Jun. 15, 1697, Entitled, An Act to ascertain the Duty of Masters of Ships. Nᵒ 425. An ACT for the speedy supply of Arms, Ammunitions, Stores and white Servants. Obsolete. Nᵒ 426. An ACT declaring the decision of all Controverted Elections of Members to serve in the General Assembly, to be legally and rightfully in the Representatives of His Majesty's Liege People of this Island. Preamble. WHereas it is the undoubted Right of His Majesty's Subjects of England, for their Representatives in the Honourable House of Commons, to have the deciding of all Controverted Elections of Parliament Men, and forasmuch as the Government of this His Majesty's Island of Barbados, doth resemble that of England as near as may be, and the Assembly here, that of the House of Commons there, being composed of Persons elected by the Freeholders to represent them in the making of Laws, and levying and raising Money for His Majesty, for the public Use, Support and Defence of this Island. And forasmuch as the Differences and Disputes that have arisen upon Elections of the Assembly Men here, have been decided by the Assembly, till of late Years some Governors have decided the same, to the great Discontent of His Majesty's Subjects here, whose Estates may by that means be liable to be disposed of, by Persons not by them legally chosen their Representatives. To Prevent which Evil for the future, and that we may in this Island come as near as may be to the English Form of Government in this particular, we do in behalf of His Majesty's Liege People and Faithful Subjects of this Island, pray that it be Enacted and Declared. And be it Enacted and Declared by the Honourable the Precedent and Council, legality of Elections to be decided by the plurality of Votes in the Assembly. and General Assembly of this Island, and by the Authority of the same, That it is the Right and Privilege of the General Assembly of this Island, to judge and determine of the truth and legality of the Election of any Member or Members chosen, where there shall be any Dispute or Controversy of the same; and that no Practice or Proceeding to the contrary hereof heretofore had or done, shall be drawn into Example or Precedent, to the Prejudice of the People of this Island; but that for the future, the truth and legality of all Elections of any Member or Members to serve in the Assembly when any Dispute shall arise touching the same, shall be tried by the Representatives of the People of this Island only; and the Members of the Assembly shall by Plurality of Voices decide all such controverted Elections. Read and consented to by the Precedent and Council, the 10th of February, 1696/7. Read and passed the Assembly, the 26th Day of January, 1696/7. Nemine contradicente. George Pain, Deputy Secretary. William Rawlin, Clerk of the Assembly. Nᵒ 427. An ACT to raise and provide a strength of Labourers to clear the Trenches, and repair the Breast-works and Fortifications of this Island. Expired. Nᵒ 428. A Supplemental and Explanatory ACT to an ACT, Entitled, An ACT for Binding and Ordering poor Apprentices. Preamble. WHereas an Act of this Island, Entitled, An Act for binding and ordering poor Apprentices, dated the Third Day of October, One Thousand, Six Hundred, Eighty and Eight, hath of late been much controverted, and some Question and Scruple moved thereon, whether any Person being within the Age of One and Twenty Years, and bound to serve as an Apprentice, can be obliged by Indenture for a longer Term or time than until such Apprentice arrive to the Age of Twenty One Years, which Disputes and Differences of Opinions often happening between the Magistrates of this Island by the absence of their Apprentices, and the vexatious Suits they have brought against them by their Apprentices for their Freedom, which if not timely provided for, may prove of great detriment to the prosperity of this Place. Clause I For the Resolution of the said Scruple and Doubt, Be it Enacted by the Precedent, Council and General Assembly of this Island, Apprentices though under Age of 21, yet bound to serve the time mentioned in their Indentures. and by the Authority of the same, That all and every such Person or Persons already bound, or at any time or times from henceforth shall be bound by Indenture to serve as an Apprentice in any Art, Science or Occupation, according to the Tenor of the before recited Act, and in manner and form as in and by the said Act is prescribed, albeit the same Apprentice or any of them shall be within the Age of One and Twenty Years at the time of the making their several Indentures, shall be bound to serve for the Years in their several Indentures contained as amply and largely to every Intent, as if the said Apprentice were of full Age at the time of the making such Indentures, any Law, Usage or Custom to the contrary notwithstanding. Provided always, Proviso. And be it Enacted by the Authority aforesaid, To serve but Seven Years. That all Persons within the Age of One and Twenty Years, to be bound Apprentices as aforesaid, shall not by Indenture be obliged for a longer time than Seven Years, unless such Person or Persons be so young at the time when they are bound Apprentices that they want a greater number of Years to arrive to the Age of One and Twenty Years. And whereas by the afore recited Act, it is provided, that if any Apprentice shall neglect, absent or refuse to serve his or her Master or Mistress, according to his or her Contract or Agreement, that than and in such Case, the Two next Justices of the Peace are authorised to order Punishment to be inflicted by Whipping or Imprisoning such disorderly Apprentice as in and by the said Act (reference thereto being had) will more at large appear; which Method (Experience hath made manifest, doth in no measure relieve the Masters or Mistresses, or work any Reformation in such unruly Apprentices. Clause TWO Be it therefore further Enacted by the Authority aforesaid, That all and every Apprentice or Apprentices already Bound, An Apprentice absenting himself without leave, a Justice to order Service after the Expiration of his Indenture. or to be Bound in manner as aforesaid, that shall presume after Publication of this Act, to absent himself or herself from his or her Master or Mistress' Service without leave first obtained from his or her Master or Mistress, or to be warranted for his or their so doing, by the Two next Justices of the Peace, every such Apprentice so absenting him or herself without such Licence as aforesaid, upon Conviction thereof, by the Oath of One or more Witnesses, or his or her own Confession, before the next Justice of the Peace, shall for every Hours Absence be adjudged and ordered by the said Justice to serve his or her said Master or Mistress, the like space of time after his or her time of Apprenticeship by Indenture is expired, or be proceeded against, as in and by the afore-recited Act is appointed at the Election of his or her Master or Mistress complaining, any thing in this Act seeming to the contrary notwithstanding. And to the end that Apprentices may receive no manner of Encouragement whatsoever to neglect their Duty, and that such Persons who have heretofore given countenance, concealed or entertained Apprentices that have absented themselves from their Masters or Mistress' Service, may be deterred from the evil of such unjust Practices for the future, Clause III Be it further Enacted by the Authority aforesaid, That if any Person or Persons whatsoever, The Penalty against Entertainers. shall wittingly or willingly entertain any Apprentice for the space of Twelve Hours, or otherwise countenance his or her Absence from their Masters or Mistress' Service, upon Complaint and Conviction thereof, by One or more Witnesses before the next Justice of the Peace, or the Party's own Confession, the said Justice is hereby authorised to proceed against such Entertainer or Concealer of Apprentices convicted as aforesaid, and to adjudge them in the like Penalties, and in the same manner as is appointed for Proceed against the Entertainers of Servants, by an Act dated the Twenty Seventh of September, One Thousand, Six Hundred, Sixty and One, Entitled, An Act for the good government of Servants, and ordering the Rights between Masters and Servants. Read and passed the Precedent and Council, this 16th Day of February, 1696. Read and passed the Assembly, the 26th Day of January, 1696, Nemine contradicente. George Pain, Deputy Secretary. William Rawlin, Clerk of the Assembly. Nᵒ 429. An ACT that the Solemn Affirmation and Declaration of the People called Quakers, shall be accepted instead of an Oath in the usual Form. Preamble. WHereas His Gracious Majesty King William, with advice of the Lords and Commons in Parliament assembled, by an Act made in the Seventh and Eighth Years of William the Third, Entitled, An Act that the Solemn Affirmation and Declaration of the People called Quakers, shall be accepted instead of an Oath in usual Form, Did Enact, That the solemn Affirmation and Declaration of the People called Quakers, should be accepted and taken in all the Courts of Justice within the Kingdom of England, Dominion of Wales, Town of Berwick upon tweed, or on any lawful Occasion where an Oath shall be required; and it being as reasonable that the same Liberty should be granted unto the People called Quakers in this Island, being part of His Majesty's Dominions. Clause I Be it Enacted by the Precedent, Council and General Assembly of this Island, and by Authority of the same, That from and after the Publication of this Act, every Quaker within this Island who shall be required upon any lawful Occasion, to take an Oath in any case where by Law an Oath is required, shall instead of the usual Form, be permitted to make his or her Solemn Affirmation or Declaration in these Words following, viz. I A. B. do declare in the presence of Almighty God, The form of the Declaration. the Witness of the truth of what I say; which said Solemn Affirmation or Declaration shall be adjudged and taken. And it is hereby Enacted and Declared to be of the same Force and Effect to all Intents and Purposes, in all Courts of Justice and other Places where by Law an Oath is required within this Island, as if such Quaker had taken an Oath in the usual Form. And be it further Enacted by the Authority aforesaid, That if any Quaker making such Solemn Affirmation or Declaration, shall be lawfully convicted wilfully, falsely and corruptly to have affirmed or declared any matter or thing, which if the same had been in the usual Form, would have amounted to wilful and corrupt Perjury, Perjury. every such Quaker so offending, shall incur the same Penalties and Forfeitures as by the Laws and Statutes of the Kingdom of England are Enacted, against Persons convicted of wilful and corrupt Perjury. Provided always, and be it Enacted by the Authority aforesaid, That no Quaker or reputed Quaker, shall by virtue of this Act, be qualified or permitted to give Evidence in any Criminal Causes, or serve on any Juries, or bear any Office or Place of Profit in the Government, any thing in this Act contained to the contrary in any wise notwithstanding. This Act to continued for the space of Seven Years from the Publication hereof and no longer. Read and passed the Precedent and Council, the 3d of March, 1696. Read and passed the Assembly, the 26th of March, 1696, Nemine contradicente. George Pain, Deputy Secretary. William Rawlin, Clerk of the Assembly. Nᵒ 430. An ACT to disable the Judges from Pleading and Practising in any of the Courts of this Island. FOrasmuch as it is very inconsistent with the Honour and Dignity of a Judge, to be a common Pleader, or to practise as an Attorney at Law in any the Courts of this Island; and that such Pleading is an evident debarring of their Power and Authority, and may introduce and be an inlet into several Mischiefs, as well as Enormous Crimes, and illegal and undue Proceed, to the prejudice of Justice, and the laying open a Gap for Bribery. For Prevention whereof, Judges not to pled. Be it Enacted and Ordained, and it is hereby Enacted and Ordained by the Honourable the Precedent and Council, and General Assembly of this Island, and by the Authority of the same, That from and after the Publication of this Act, it shall not be lawful for any Judge in this Island, to pled or practise in any of the Courts within the same; any former Usage or Custom to the contrary in any wise notwithstanding. May the 18th, 1697, Read and passed the Precedent and Council. Read and passed the Assembly, this 23d of March, 1696/7. George Pain, Deputy Secretary. William Rawlin, Clerk of the Assembly. Nᵒ 431. a ACT to Repeal an ACT, Entitled, An ACT for laying a Duty on Shipping for the Building of Peers, and clearing the Bar in Carlisle-Road. An Act of Repeal. BE it Enacted by the Precedent, Council and General Assembly of this Island, and by the Authority of the same, That an Act bearing Date the One and Twentieth Day of July, in the Year of our Lord God, One Thousand, Six Hundred Eighty and Seven, Entitled, An Act for laying a Duty on Shipping for the building of Peers, and clearing the Bar in Carlisle-Road, and all the Branches, Clauses and Articles, Sentences and Prouisoes therein contained, and every of them, shall be Repealed, and are hereby declared to be Repealed, Null and Voided, to all Intents and Purposes whatsoever; any thing in the said Act to the contrary notwithstanding. Read and passed the Precedent and May the 18th, 1697. Read and passed the Assembly, Nemine contradicente, March the 23d, 1696/7. George Pain, Deputy Secretary. William Rawlin, Clerk of the Assembly. Nᵒ 432. An ACT appointing a Committee for settling the Public Accounts of this Island. Expired. Nᵒ 433. An ACT to revive and continued an ACT for laying an Imposition on Wines and other Strong Liquors imported this Island. Expired. Nᵒ 434. An ACT declaring how the Charges and Expenses for the taking up and fitting out the Ship Providence Frigate, and the Ship Benjamin which were lately employed in the Country's Service, shall be born and paid. Expired. Nᵒ 435. An ACT to keep inviolate, and preserve the Freedom of Elections, and appointing who shall be deemed Freeholders, and be capable of Electing, or being Elected Representatives, Vestry-Men, or to serve as Jurors to try Real Actions within this Island. Preamble. WHereas it hath not been hitherto fully and plainly ascertained how the Inhabitants of this Island shall be qualified to tender them capable to Elect or be Elected Members of the Assembly or Vestry-Men, or to try real Actions, from whence manifold Disputes and Controversies have arisen. And whereas many undue and illegal Practices have been used by Menaces and Threats to awe and force Men to vote contrary to their Inclinations and Consciences, to the manifest violation of the freedom of Elections of Assembly-Men and Vestry-Men. To the intent therefore to put an end to all such Disputes for the future, and that Men of Interest only may share in so great Trusts, and to obviate such Mischievous and Violent Proceed, and any other indirect Practices, Clause I Be it Enacted by the Honourable the Precedent and Council, and Representatives of this Island, and by authority of the same, Every Person who hath 10 Acres of Land, or 10l. per Annum Rent, deemed a Freeholder. That every white Man professing the Christian Religion, the free and natural born Subject of the King of England, or naturalised, who hath attained to the full Age of One and Twenty Years, and hath Ten Acres of Freehold, that is to say, who is actually seized of Ten Acres of Land in Fee-simple or Fee-tail, for term of his own, or for Term of another's Life, within any Parish of this Island, or of any House, Houses, Storehouses, or any other Buildings in any one of the Towns of this Island, of the Yearly Value of Ten pounds' Current Money of this Island, or Two Thousand Pounds of Muscovadoe Sugar, which Value shall be proved by the Oaths of Two credible Witnesses, or by some Lease produced and proved by any One of the Witnesses to the same, or the Oath of the Lessee, if any there present shall be deemed a Freeholder, and shall and may be capable of Electing Representatives or Vestry-Men, or of being Elected a Representative or Vestry-Man in the Parish wherein such his Estate lieth, or to serve as a Juror to try real Actions. Clause TWO And be it further Enacted by the Authority aforesaid, That if it shall hap that there be Two or more joint-tenants or Tenants in Common of a Parcel or certain Quantity of Land in any Parish of this Island, Joint-Tenants or Tenants in Common. or any House, Houses, or Buildings within any One of the Towns of this Island, which Parcel of Land contains as many Ten of Acres or more as there are joint-tenants or Tenants in Common, which House, Houses or other Buildings shall be worth as many Ten Pounds Sterling or Two Thousand Pounds of Sugar a Year, as there are joint-tenant, or Tenants in Common, shall be deemed a Freeholder to all Intents, Constructions and Purposes of this Act whatsoever. And no joint-tenant or Tenant in Common that shall not have for his share Ten Acres of Land, or in the House, Houses, or other Buildings, Ten Pounds Sterling per Annum, or Two Thousand Pounds of Sugar per Annum, if the same shall be equally divided; shall be esteemed a Freeholder to any Construction or Purpose of this Act whatsoever. Clause III Be it further Enacted by the Authority aforesaid, That no Person at any Election of Representatives, or Vestry-Men shall be deemed a Freeholder, qualified to Elect or be Elected a Representative or Vestry-Man, Freeholders' Deeds to be Acknowledged. who shall produce any Bill of Sail or other Conveyance of Lands, or other Estate whereby he claims to be a Freeholder, in order to prove his Freehold, which shall not have been acknowledged before the Governor for the time being, or some Judge of some Court of Common Pleas of this Island, and duly recorded in the Secretary's Office preceding the Date of the Writ for Election of Assembly-Men. And who shall not together with the Person who sold and conveyed the said Freehold, Provided the said Person be there and than present, make Oath before the Person to whom the Writ for Electing Representatives is directed, who is hereby authorised and required to Administer the same; if any Person present require the same, or he himself shall think meet, that such Deed, or Deeds by him so produced is, and are bona fide, a Real and Absolute Deed or Deeds, according to the Purport thereof, without Covin or Fraud, and not made or executed to him under Colour only, to make him capable to Elect or be Elected a Representative, and that he is in Actual Possession of the said Land or Houses, and receiveth to his own use all the Profits thereof and is under no Promise, or any other Obligation whatsoever, to give up, or surrender the said Deed or Deeds, or the Lands or Tenements in the said Deed or Deeds, sold and conveyed at any time after he shall have Voted, Proviso. or shall be Elected. Except nevertheless such Person or Persons who claim to be Freeholders by such Deed or Deeds, which shall be Executed in England for Conveyance of any Lands in Barbados, and authentically proved in England, and here proved so to have been, and Recorded in the Secretary's Office of this Island, as by an Act of this Island is provided. Proviso. Except such also as claim by any Last Will and Testament duly proved, and recorded in the Secretary's Office: And the said Person to whom the said Writ is directed, is further hereby impowered and required to ask such other Questions upon Oath concerning the Freehold, and Qualification of any Person offering to Elect, or standing to be Elected of him or the Person who sold the Freehold, or conveyed it, as to him shall seem meet, or shall be required by any Freeholder present. Clause IV And be it Enacted by the Authority aforesaid, That if any Person offering to Elect, or standing to be Elected, shall refuse to take such Oath, All Persons electing, or to be elected, to Swear. or to answer to such Questions upon Oath as above, the said Person so refusing, shall absolutely be debarred from giving his Vote for Electing, or from being Elected a Representative for that time. Clause V Be it further Enacted, That the like Rules and Methods shall be used for enquiring into the Qualifications of such as offer to Elect, Justice to administer the Oath, or in his absence, the Vestry-man present. or may be Elected Vestry-Men, and that any Justice of the Peace in Commission present at the Election of Vestry-Men, if none such there, than the Vestry Man present, and first named in the Church-Book the foregoing Year, shall hereby have the same Power to administer any Oath or Oaths as the Person to whom the Writ for Electing of Representatives hath by Verve of this Act. Clause VI But forasmuch as some People called Quakers do refuse to take an Oath, Be it Enacted, Quakers to declare instead of an Oath. That all such People are permitted instead of taking any Oath or Oaths as above is required touching their Freehold and Qualification to Vote, to promise' and declare in the Presence of God, that what they shall answer touching any New Deeds produced by them at any Election of Representatives, or to any Questions as shall be asked them touching their Freehold, or Qualifications to elect Representatives for the General Assembly, shall be the Truth, the whole Truth, and nothing but the Truth; who after so having made out their Freehold, shall be than as capable of giving their Votes as if they had taken any Oath or Oaths hereby required; any thing in this Act seeming to the contrary notwithstanding. And if it shall appear at any time that any Person who hath Sworn or Declared in manner aforesaid at such Election, an Untruth or False thing concerning any such new Deed, or his qualification of his Electing, or being Elected, and proof thereof made before any One Justice of the Peace of this Island, such Justice is hereby impowered and required to bind the said Person over to the Grand sessions, there to be proceeded against, and punished as in case of Perjury, and be for ever held uncapable of giving any Vote, at any Election in this Island. Clause VII Be it further Enacted by the Authority aforesaid, That all Writs for Election of Assembly Men, shall be issued by the Precedent, To whom the Writs for Election shall be directed. and Council, or the Governor, by and with the consent of the Council for the time being, in the usual Form directed to the several Members of His Majesty's Council of this Island: And if there shall be more than one residing in a Parish, the Writ for that Parish shall be directed to the Eldest Councillor, who is hereby impowered and required to execute the same. Clause VIII And be it Enacted by the Authority aforesaid, That no Councillor shall have any Writ directed to him, Councillors not to go out of their Parish to execute the Writs. so as to oblige him to go out of the Parish where he lives or resides, unless there be more Councillors than one in such Parish: And in such Case the said Writ or Writs shall be directed to the Younger Councillor or Councillors to execute the same in some other Parish or Parishes, as near as may be, to their Place of Dwelling or Abode. But in case there shall not be Councillors enough within this Island to execute the several Writs for Election of Assembly Men, or any of them be disabled by Sickness to perform such Duty, If no Councillor in the Parish, than the Precedent and Council to appoint. it shall be lawful for the Precedent and Council, or the Governor or Commander in chief for the time being, by and with the Advice and Consent of the Council to direct such Writ or Writs to such Person of the same Parish as they shall think fit; who are hereby impowered and required to execute the same. Clause IX Be it Enacted by the Authority aforesaid, That upon calling of an Assembly, All Elections to be at one time. all Elections throughout the Island shall begin in one Day, between the Hours of Eight and Nine in the Morning, and shall continued without interruption till the Votes shall be shut up and finished, which shall not be before the Hour of Two in the Afternoon at soon. Clause X And be it Enacted by the Authority aforesaid, That the Persons to whom the Writs shall be directed, Shall have a paper of Columns. to prevent unnecessary Disputes and Mistakes, shall in a Paper of several Columns, set down the Names of the Freeholders proposed to be voted for, and shall 'cause each Voter to subscribe his Name, or set his Mark under the Persons Name he Votes for. Clause XI Be it further Enacted by the Authority aforesaid, That whosoever for the future shall be elected a Representative or Assembly Man, Every Representative to take the Oaths appointed. shall before the Precedent and Council, or Governor and Council for the time being, take the Oaths appointed, instead of the Oaths of Allegiance and Supremacy; in an Act Entitled, An Act declaring the Rights and Liberties of the Subjects, and settling the Succession of the Crown, and all other Oaths and Tests taken or subscribed by the Members of the House of Commons in England; which Oaths shall be administered by the Secretary for the time being, in the Presence of the Precedent and Council, or of the Governor and Council for the time being: And any Person elected a Representative, who shall refuse to take the said Oaths, or take and subscribe the said Tests, shall hereby be uncapable of serving as a Representative, or Assembly-Man for that Assembly than chosen, and a new Writ shall issue immediately to choose another in his Room. Clause XII And be it Enacted, That no Person shall be chosen or serve as Vestry-Man, None to be Elected who refused to swear. who shall refuse to take the Oaths appointed, instead of the Oaths of Allegiance and Supremacy, if thereto required by any of the Electors present, before any Justice of the Peace in Commission there present: But if no Justice be present, than before that Person of the Vestry who is first named in the Church-Book, who is present, who are hereby authorised and required to administer the same if demanded. Clause XIII Be it further Enacted by the Authority aforesaid, That in case any Member of the Assembly shall dye, If any Member of the Assembly die or departed this Island, the Precedent Council to issue a new Writ in 20 Days. or departed this Island, the Precedent and Council, or the Governor by and with the consent of the Council for the time being, shall within Twenty Days after such Death or departure, issue a new Writ directed as before in this Act is appointed, for choosing another Person to serve in that Assembly, in the Place of such Member so dead or departed this Island. Clause XIV And be it Enacted by the Authority aforesaid, That if any Person shall presume to violate the Freedom of Elections by Menaces or Threats, Not Menaces or indirect means to be used in Elections. or endeavour to force any Freeholder to vote for any Person or Persons against his Inclination or Conscience, either by calling the Inhabitants into Arms, by making shame Freeholders, or hire or otherwise procure any Vote, or who shall after Election is over, menace, despitefully use or abuse any Freeholder, because he hath not voted as he would have had him, such Person so offending, shall be proceeded against as hereafter in the following Clause in this Act is appointed. And if the Person so offending, shall be an Officer or Magistrate, by virtue and power of which Office, he shall endeavour or attempt to overawe or affright any Freeholder to vote contrary to his Inclination and Conscience; every such Officer or Magistrate so offending, shall upon due and sufficient proof made of such his Violence before the Assembly for the time being, who are hereby impowered to examine upon Oath any Person or Persons, and to sand for Papers and Records for the Discovery thereof. (And whosoever shall refuse to deliver such Papers, shall be committed to Goal till he deliver the same by Warrant under the Speaker's Hand directed to the Provost Marshal of this Island, who is hereby required him or them in safe Custody to keep until they conform to this Law) every such Offender shall by any Two Justices of the Peace for this Island (one of which to be of the Quorum) be bound over to the next General Sessions, himself in One Hundred Pounds Sterling, and Two Sureties each in Fifty Pounds Sterling, to be of good Behaviour, and abide the Sentence of the said Court, who are hereby impowered, if the Offender or Offenders are convicted and found guilty of such Offences, to impose and lay a Fine on every such Offender, of Fifty Pounds Sterling, and commit the Offender or Offenders to Goal, without Bail or Mainprize, till the same be paid; which Fine so imposed, shall be one half to His Majesty, His Heirs and Successors, to be paid to the Treasurer of this Island for the time being, for the use of the Fortifications, and the other half to the Party or Parties grieved. And if any Person offending as aforesaid, shall be chosen a Member of the Assembly of this Island, after Conviction of such Illegal Practices before the Assembly for the time being, by a Vote of the Assembly, every such Person so offending, shall be uncapable to sit as Members of that present Assembly, and be further liable to the Fines and Forfeitures, and be proceeded against as in the foregoing Clause is appointed. Clause XV And be it further Enacted by the Authority aforesaid, That if any Person or Persons, shall causelessly and without just ground, False Information, the Penalty. inform against, charge or impeach any Person to be an Offender against this Act, in such case, every such Person so informing, charging or impeaching as aforesaid, who doth not make good the same; and also every Justice of the Peace who shall refuse or neglect to do his Duty in and by this Act enjoined and required, shall forfeit the Sum of Fifty Pounds Sterling to His Majesty, His Heirs and Successors for the Uses aforesaid, to be recovered by Action of Debt, Bill, Plaint or Information within the Court of Common Pleas where the Offender liveth, Provided such Action be brought within Three Months after the Offence. Clause XVI And be it further Enacted by the Authority aforesaid, That whensoever the Writs shall be issued for electing of Representatives, Writs to be published on Sundays. all and every such Writs shall be forthwith published Three Sundays successively, as formerly in the like cases have been used. And lastly, Be it Enacted by the Authority aforesaid, That all former Acts of this Island concerning Electing Representatives, be from the Publication of this Act voided, and are hereby declared Voided and Repealed. Read and passed the Precedent and Council, the 5th Day of August, 1697. Read and passed the Assembly, Nemine contradicente, this 4th Day of August, 1697. George Pain, Deputy Secretary. William Rawlin, Clerk of the Assembly. Nᵒ 436. An ACT to ascertain the Duty of Masters of Ships and Merchants for the Payment of an Impost of Powder on the Tonnage. Preamble. WHereas heretofore many Deceits and Frauds have been used and practised in the Payment of the Duty of Powder, which tends very much to the Prejudice and great Hazard of the Loss of this Island, if not timely prevented. To the intent therefore that Merchants, Owners and Masters of Vessels for the future may know their respective Duties on their Arrival, and what Impost of Powder shall henceforward be required of them, and in what manner and to whom the same shall be paid, Clause I Be it Enacted by the Honourable the Precedent and Council, and the General Assembly of this Island, One Pound of Powder per Tun, to be paid by every Master arriving here. and by the Authority of the same, That every Master or Commander of any Ship or Vessel trading to this Island; shall pay One Pound of Good Gunpowder per Tun, for every Tun (according to the Tonnage of his Ship or Vessel) to the Keeper of the Stores of the Magazine for the time being, before they Land any Goods on Shoar (Horses or other Living Creatures excepted) upon Penalty and Forfeiture of One Hundred Pounds Sterling, to be forthwith paid by the said Master or Commander, upon Conviction before the Precedent and Council, or Commander in chief for the time being, by the Oath of one or more credible Witnesses that he or they have not paid the same according to the tenor of this Act: And in case he or they shall refuse to pay the Penalty aforesaid, to stand committed by Warrant from the Precedent or Commander in chief, until he or they shall have paid the same; which Forfeiture to be to His Majesty, and applied to the use of the Fortifications of this Island. Clause TWO And be it further Enacted and Declared by the Authority aforesaid, All Ships to be reported on Oath or gauged. That all Ships and Vessels liable to the Payment of the Duty by this Act imposed; shall be reported on Oath, or Gauged by the length of the Keel taken within Board (so much as she treads upon the Ground) and the breadth to be taken within Board by the Midship-beam from Plank to Plank; and the depth of the Hold from the Plank below the Kelsey, to the under part of the Deck Flank; and for a Two Deck Ship (which carrieth Goods between Decks) the Depth of her Hold to be taken from the Plank below the Kelsey, to the under part of the Upper Deck Plank, and the length and depth as before; than multiply the length by the breadth, and the Product thereof by the depth, and divide the whole by Ninety Four, and the Quotient will give the true Contents of the Tonnage, according to which Method and Rule all Vessels shall be measured, and the Duty computed and paid accordingly, any Custom, Usage or Practice to the contrary notwithstanding. Clause III And be it further Enacted by the Authority aforesaid, That the Keeper of the Stores of the Magazine for the time being, A Register of all Entries to be kept on Oath. is hereby required to keep a fair Register of all Entries upon Oath, in a well Bound Book, or Books by him to be provided and kept for that purpose, and in no case whatsoever, to receive, take or demand any Reward, Fee or Fees, by virtue of his said Office other than what in this Act is appointed. And at all times when required by the Committee of Public Accounts, the said Keeper of the Stores of the Magazine shall bring before the said Committee the said Book or Books, wherein shall be fairly written the Names of such Master or other Person who hath so Entered or Reported; with the Names of such their Ships or Vessels, their Tonnage or Burden, and faithfully accounted for all Powder, Arms or other Stores that shall be delivered, or come into his Care and Possession by virtue of his Office, for the use or accounted of the Public: And if the said Keeper of the Stores of the Magazine shall have reason to suspect any Master or Commander who hath made a short Entry of his Ship or Vessel, Than and in such case, the said Keeper of the Stores shall himself, or employ a Sworn Surveyor as a Gager, immediately to repair on Board such Vessel or Vessels by him so suspected, to take the true Burden of such Vessel, according to his best Judgement, and thereof shall make report upon Oath before the Governor and Precedent, or Commander in Chief for the time being, in Presence of the Master, Commander or other Person that made Entry of the said Ship or Vessel; upon which said Judgement and Oath, if it be found that the Entry of the said Ship or Vessel be short, the Master or other Person making that short Entry, shall for the same, forfeit and pay Three Pounds of good Gunpowder for every Tun short entered, without any Fee or Charges to be paid by the said Keeper of the Stores. And whereas the welfare and safety of this Place in a very great measure depends on the care and fidelity of such Person or Persons as shall for the future be nominated and appointed Keeper of the Stores of the Magazine, it being a Place of great Trust, and highly requisite that a fit Person from time to be elected and chosen by the general Consent and Approbation of the Precedent or Governor, or Commander in chief for the time being, the Council and General Assembly: Clause IV Be it therefore Enacted by the Authority aforesaid, That the Keeper of the Stores of the Magazine from henceforth shall be annually nominated by the General Assembly recommended by them to the Precedent or Governor, or Commander in chief for the time being, Such Officer to continued for one Year, than a new Election. with consent of the Council for his confirmation and continuance in such Office for the term and space of One Year and not longer, without a new Election to be made of him in manner as aforesaid: And to the end such Keeper of the Stores of the Magazine chosen as aforesaid, may have due Encouragement to perform and execute the said Office: Clause V It is hereby Enacted by the Authority aforesaid, That the said Keeper of the Stores of the Magazine, shall Annually receive for his Care and Pains therein, after the Rate of One Hundred Pounds sterling per Annum; which said Reward or Salary as the same becomes Annually due, 100 l. per Annum Salary. shall be paid him by Virtue of an Order from the Precedent or Governor, or Commander in chief for the time being, with the consent of the Council drawn on the public Treasurer of this Island at the Motion and Request of the General Assembly: And the said Treasurer is hereby authorised and required from time to time, and at all times hereafter, to give due Obedience, and make Payment of all such Order and Orders that shall be drawn on him as aforesaid, out of any the public Treasures. Clause VI And it is hereby Enacted by the Authority aforesaid, That the Keeper of the Stores of the Magazine, Sufficient Security to be given. shall give sufficient Security in the Secretary's Office, with Two sufficient and responsible Persons besides himself, to the Precedent and Council, or to the Governor or Commander in chief for the time being, in the Sum of Two Thousand Pounds Sterling Money, for the true and faithful Execution of his Office, and performance of all and every the Trusts and Powers that are by this Law to him committed. And the said Keeper of the Stores of the Magazine, before he shall be capable of acting in the said Place, shall appear before the Precedent and Council for the time being, and take an Oath on the Holy Evangelists, in the words following; The Officer's Oath. viz. I do swear that I will endeavour to my utmost Power in all things to observe, perform, fulfil, and execute the Place of Keeper of the Stores of the Magazine, and that I will not do or consent to be done any thing that is or may be to the Wrong, Injury or Disadvantage of His Majesty, in the Uses appointed by this Act, but will take due care, well and truly to preserve all such Stores, Arms and Munitions of War as shall be placed or lodged in the Magazine, or put into my Custody or Charge, until the same be lawfully required from me. Clause VII And be it further Enacted and Ordained by the Authority aforesaid, 20 l. per Ann. for keeping Accounts. That the Keeper of the Stores of the Magazine, shall be allowed Twenty pounds' Current Money more per Annum for his Charges and Trouble in surveying all such Vessels as he or any other Person shall suspect to be under-entred, besides all reasonable Charges for the bringing to, or carrying from the Magazine any of the Stores thereof, to be paid out of the Public Treasury of this Island; and the said Keeper of the Stores of the Magazine shall Accounted with the Committee of Public Accounts for the time being, for all Matters relating to the Stores of the Magazine, and all other things for which he is or ought be to accountable as often as he shall be thereunto required by the said Committee of Public Accounts. And be it further Enacted by the Authority aforesaid, That the said Keeper of the Stores of the Magazine, Not Stores to be bartered or, sold. shall not any ways, Cell Barter or Exchange, Export, sand of this Island, or Commute or take Money or any other Value in Lieu of Gunpowder, Fire Arms or other Stores of the said Magazine, or which shall be under his Care or Trust, without the Consent, Leave or Licence of the Precedent and Council, and Assembly or Governor, Council and Assembly for the time being, first had and obtained in Writing, to warrant his so doing: And in case the said Keeper of the Stores of the Magazine, or any Person or Persons having at any time hereafter the Charge and Custody of any Armour, Ordnance and Munition, Shot, Powder or Habiliments of War, of the King's Majesty's Stores, shall for any Lucre or Gain, wittingly and advisedly, and of purpose to hinder, or Impead His Majesty's Service, Imbezel, Purloyn or Convey away any of the same Armour, Ordnance or Munition, Shot, Powder or Habiliments of War, to the Value of Twenty Shillings, at One or several times, that than every such Offence shall be adjudged Felony; and the Offender or Offenders therein to be tried, proceeded on and suffer as in case of Felony. And as is Provided, Enacted and Declared by an Act made in the Thirty First Year of the Reign of Queen Elizabeth, Chapter the Fourth, Entitled, An Act against the imbezelling of Armour, Habiliments of War and Victuals; and also of a Statute made in the Twenty Second Year of the Reign of His late Majesty King Charles the Second, Chapter the Fifth; Entitled, An Act for taking away the benefit of the Clergy from such as Steal Cloth from the Rack and from such as shall Steal or Imbezel his Majesty's Ammunitions and Stores. Clause VIII And be it further Enacted, Ordained and Established by the Authority aforesaid, That the Commissioners for settling the Public Accounts of this Island for the time being, are hereby declared to have, Such Officers to tender just Accounts. and shall have full Power and Authority to call, and cause to come before them all such Person or Persons, Officer or Officers, as have been, or shall be entrusted with, or have had the Care and Charge of the Stores of the Magazine for any time past, and that they and every of them tender fair and just Accounts of all such Stores, Ammunition and Money, as have been by him or them received for the Use of the public, or for which he or they do or shall stand Charged; and are or aught to be accountable; and therein the said Commissioners have and shall have full power and authortiy to grant Execution against any Person or Persons whatsoever, their Executors and Administrators, that are any ways indebted as aforesaid, and to command all Books of Accounts and Writings of any Debtor or Debtors before them, whereby proof or discovery may be made of any such Debt or Debts so due for any Stores, Arms or Ammunitions as aforesaid, and to administer Oaths to any Person or Persons whatsoever, for manifesting the truth. And in all these particulars to have the like Authority as is used in the high and honourable Court of Chancery, and to proceed therein as by an Act lately expired; Entitled, An Act for appointing a Committee for settling the Public Accounts of this Island, bearing Date the Eighth Day of May, One Thousand, Six Hundred, Ninety and Six; the said Committee was Impowered to proceed against any other Person or Persons whatsoever indebted to the bublick. Provided always, That the Power given to the said Committee, extend not to call in Question any Person or Persons who have had the Care and Trust of the said Magazine, for above Twelve Years last passed; any thing in the aforesaid Act, or this Present Act contained to the contrary notwithstanding. Clause IX Repeal of the former Acts to this purpose. And be it further Enacted by the Authority aforesaid, That an Act bearing Date the Twenty Fifth Day of May, One Thousand, Six Hundred, Sixty and Nine, Entitled, An Act appointing an Impost of Powder on the Tonnage of all Ships trading to this Island; and one other Act bearing Date the Nineteenth Day of August, One Thousand, Six Hundred Ninety and Six, Entitled, An Act to prevent Frauds and Concealments in the Payment of the Powder Duty; and all the Clauses, Sentences and Prouisoes therein contained, are hereby declared to be Repealed, and shall stand Repealed to all Intents and Purposes whatsoever; any thing in the said Acts or any of them contained to the contrary notwithstanding. Read and passed the Precedent and Council, the 15th Day of June, 1697. Read and passed the Assembly, the Eighth Day of June, 1697, Nemine contradicente. George Pain, Deputy Secretary. William Rawlin, Clerk of the Assembly. Nᵒ 437. An ACT for the Settlement of the Militia of this Island. Preamble. FOrasmuch as it is highly reasonable that the Inhabitants of this Island should be well armed and provided with sufficient Stores of Ammunition and other Necessaries of War; as also be carefully exercised and instructed in the Military Art and Feats of Arms, which will tend as well to the Honour and Service of His most excellent Majesty, as the Preservation of our Lives and Estates. Clause I Be it therefore Enacted by the Precedent, Council and General Assembly of this Island, Every Freeman to serve in the Militia. and by the Authority of the same, That every Freeholder or other Freeman inhabiting this Island, who hath not already contracted to serve some Person in his Plantation, to appear and serve for him in the Militia, for, and during the space of Six Months at lest, and not serving on Horse Back, shall be forthwith inlisted a Soldier on Foot in such Regiment where they do or shall reside, and provide himself with one Read Coat, one Black Hat, one well fixed Musket or Fusil, one good Sword or Byonet, one Cartridge-Box filled with Cartridges, fitted with Powder and Ball, or one Collar of Bandaleers, and shall always have by him in Store, one Pound or very good Musket Powder, Four Pounds of Bullet fitting the Boar of his Musket or Muskets, Fusil or Fusils' when put into the Cartridges (or otherways if Bandaleers) which shall be made up into Cartridges by such Person or Persons as have Cartridge-Boxes, and kept in their Cartridge-Boxes, except always such Persons who are already provided with Collars of Bandaleers, who are hereby allowed Eight Months to provide themselves with good Trunks or Bucchaneer Cartridge Boxes. Clause TWO And be it further Enacted by the Authority aforesaid, That every Inhabitant of this Island, Every Owner of 20 Acres of Land, to sand one Man to the Foot, who is, or shall be in actual Possession of Twenty Acres of Land or upwards within this Island, shall found or provide for every such Twenty Acres of Land, one sufficient Able Man to bear Arms for the Service of His Majesty in defence of this Island; and so proportionably for a greater quantity of Land, and shall provide for every such Man, such Arms and Accoutrements, and like quantity of Ammunition in all respects as every Freeman serving on Foot is before by this Act appointed to provide, to be always in store by him, except only such Persons who have but Twenty Acres of Land and not more, who serve in their own Persons. Unless he serve himself. Clause III And be it also further Enacted, That every Two Tenants appearing complete in Arms for the Landlord, Two Tenants to be taken as Three Common Freemen. shall be henceforth deemed and taken equivalent to Three common Freemen or Servants serving either on Horse or Foot. Provided always, That every such Tenant occupy and possess Two Acres of Land at the lest, they having a Lease of the same in Writing for Three Years or more, and live upon the same Land; otherwise the Landlord shall receive no advantage thereby. Clause IV Every Hundred Acres to found a Horse. And be it further Enacted by the Authority aforesaid, That every Person that is Owner or Possessor of One Hundred Acres of Land or more, either in his own Right, or as Agent to another; or by any other Way, Title or Tenure whatsoever, shall for every Hundred Acres, furnish and set forth one Able Horse, Manned and completely Armed for His Majesty's Service, and this Islands further Preservation, in case of Invasion or Insurrection; and for One Hundred Sixty Acres of Land, found and set forth Two such Horses and Men, and so one Horse and Man for every Hundred Acres of Land he hath more manned, and furnished each with a Read Coat, and Black Hat, a good serviceable Saddle, Crupper, Breastplate, Headstall and Reinss, with a Case of good well fixed Pistols and Holsters, a good Carabine with a Belt and Swivel to sling it in, and a good Fusil, with a Wire and Worm, and Cover for the Lock and Cork for the Muzzel. Provided they have One Years time from the Publication of this Act to be provided with Fusees, and appear with a Fusil upon Alarms only, and not upon usual Exercise, one Flask or Cartridge-Box, a good Sword, a pair of Shoe-Boots, or Sping Boots and Spurs, and have always in Store by him, One Pound of good Pistol-Powder, and Two Pounds of good Pistol Bullets, and one Pound of Bullets fit for the Boar of his Carrabine and Fusil, made up in Cartridges, if he have, or sand Cartridge-Boxes to be kept close in his or their Box or Boxes, as far as it, or they will contain them for each such Horse so set forth, for which the Owner or Possessor of each such Horse so set forth, shall be excused Two Foot Soldiers. Clause V And be it further Enacted by the Authority aforesaid, That every Freeholder or Freeman within this Island, Every one that keeps a Horse, to serve in the Troop. although he be not possessed of One Hundred Acres of Land, yet if he have a sufficient Horse of his own, able for such Service, shall in like manner be provided with Furniture, Arms and Ammunition for the Service aforesaid, and shall attend his Officers on Exercising Days, or upon any other lawful Summons whatsoever, at the Place appointed; and shall therefore be excused Two Foot-Soldiers if any be required from him by this Act before mentioned. And to the intent the careless and stubborn People of this Island, who shall either neglect or refuse to yield Obedience to this Act may be compelled thereto, Clause VI And be it Enacted and Ordained by the Authority aforesaid, That all such Persons who are by this Act appointed to serve on Foot, Every Person to appear on Summons. do duly make their Appearance complete in Arms, as is before mentioned at such Times and Places as are or shall be to them legally appointed for Exercise, by their respective Officer or Officers, or upon any other lawful Summons whatsoever, and do than bring with them Four Charges of Gunpowder and Ball; and that every Person who shall be found defective in fitting themselves, or providing such Persons as they are to set forth with Arms, Ammunition and Accoutrements, as by this Act is enjoined, shall (unless he sand a reasonable Excuse in Writing, to the Commander than and there being, or proves it afterwards by the Oath of some credible Witness) forfeit in manner and form following, viz. For every Default of Appearance at the Time and Place of Exercise, or upon other Lawful Summons whatsoever, Five Shillings Sterling for every Day each Man, according to the Offenders Proportion of Land, shall be wanting, and the like Sum of Five Shillings for every Day, if the Service be for the Day only; or every Night, if the Service be for the Night only: But if the Duty shall continued Twenty Four Hours, he shall forfeit but Five Shillings for the whole upon any Duty whatsoever that he shall be wanting. And all Persons appearing not being completely armed, and clothed according to this Act, shall forfeit (for the Person for whom he serves) for every well fixed Musket or Fusil he or she shall want of his or her Proportion, Two Shillings; for every Sword or Byonet, Two Shillings; for every Cartridge-Box or Collar of Bandaleers, Two Shillings; for appearing without a Read Coat, Two Shillings and ; without a black Hat, Two Shillings; and for want of Shoes and Stockings Two Shillings; and for want of Four Charges of Powder and Ball one Shilling; and for every Pound of Gunpowder he shall want of his proportion in Store by him, made up into Cartridges, or filled into Bandaleers, One Shilling; and for want of every Pound of Bullet by him, or placed in the Pouch, Six Pence, as is by the first Paragraph in this Act appointed; which aforesaid Fines are to be levied for each particular default expressed in the Execution, and not otherwise: Always Provided, Proviso. That none of the particular Defaults aforesaid, are to be levied upon Persons not appearing, but such Fine only as is imposed for their Non-appearance. And to the end each Man's Stores may be the better known, the respective Colonels within this Island, are impowered to appoint fit Persons from time to time of their Commission Officers immediately after the Publication of this Act, to inspect the same within their several Divisions, who shall report the state thereof to them, who shall immediately return the Names of every Offender and Offenders against this Act, to the Colonel or Commander in chief of every respective Regiment, under the Penalty of Thirty Shillings to be levied by Warrant under the Hand and Seal of the respective Colonels directed to the next Constable to be by him levied in the same manner as in case of Servants Wages; and so from Month to Month: And the respective Colonels shall make due Report of all such Returns unto the Precedent and Council, or to the Commander in chief of this Island for the time being, in Two Months after the Publication of this Act, and so every Two Months, under the Pain and Forfeiture of Fifty Shillings, to be levied by Warrant under the Hand and Seal of the Precedent or Commander in chief for the time being; who is hereby desired and impowered to issue the same directed to the Provost Marshal or his lawful Deputy, to levy the same in manner as in case of Servants Wages. Clause VII And it is further Enacted, Declared and Established by the Authority aforesaid, That whatsoever Person shall neglect to appear with a Sufficient Horse or Horses in proportion to his Land, Manned and Equipped as by this Act is Enjoined, at such Time and Place as shall be Legally appointed for Exercise by the respective Officer or Officers, or upon any other Lawful Summons shall (unless he sent a reasonable Excuse to the Commander than or there being, or prove it afterwards by the Oath of some Credible Witness, as in case of Sickness or some extraordinary unexpected Business, such Excuse to be Lawfully accepted) forfeit as follows; Forfeiture of every Person not appearing. viz. For non-appearance of each Person on Horseback Ten Shillings for every Day, if the Service be for the Day only; or for every Night, if the Service be for the Night only: But if the Duty shall continued Twenty Four Hours, he shall forfeit for the whole time but Ten Shillings. And all Persons appearing, not being completely Armed according to this Act, shall for default of every pair of well fixed Pistols and Holsters, forfeit Five Shillings; for every Flask or Cartridge-Box, Two Shillings; for every Sword, Two Shilling; for every Carabine, Belt and Swivel, Five Shillings; for every pair of Boots and Spurs Five Shillings; for every Pound of Powder he should have in Store by him, Five Shillings and Six Pence; and for every Two Pound of Bullet, one Shilling, in such manner as is appointed in the Fifth Paragraph of this Act to be levied for, by the Marshal of each respective Regiment (or his lawful Deputy) in manner following; Viz. A List of the aforesaid Defaults so soon as they or any of them shall hap, shall be Signed by a Commission Officer of the Troop or Company in which it or they are made, and sent to the Colonel or Commander in chief for the time being, of the said Regiment, who hath hereby full Power and Authority as occasion shall offer, to sign Execution against the Offender, and issue out his Warrant to the Marshal of the said Regiment, or his Deputy; and in Case of resistance, than and in such Case the Colonel or Commander in chief of such Regiment is hereby authorised to raise such Forces as he in his discretion shall think fit, who are hereby required at all times upon Summons by Virtue of the said Precept, to be aiding and assisting to the utmost of their Power to the said Marshal or his Deputy, in executing the same: And if any Person or Persons incurring the said Penalties, shall refuse to show such Goods, Chattles or Estate, as may be sufficient for Payment of the Forfeiture according to the Execution granted, than and in such Case, it shall and may be lawful to and for the said Officer or his Deputy, to take whatsoever he can found in the Plantation or Custody of the said Offender that is legally distrainable for the Payment aforesaid; Provided always, Proviso. That the said Marshals of the Respective Regiments or their Deputies, do not make unreasonable Distresses, taking Goods that much exceed the Value of the Defaults distrained for; but do come as near the Value of the Defaults as possibly they can: And that it may be the better understood whether they observe the Proviso aforesaid, the said Marshal or his Deputy upon such Distress, shall leave a Certificate of what Goods and Chattles he hath so distrained upon, and for what Value, with the Owner thereof; and all such Attachments shall be fully executed, and an Appraisment of all Goods Attached, made and Finished within Ten Weeks next after the Default of the Delinquent, otherwise to be voided, and the Overplus if any be, shall be retained by the Marshal to the Party from whom it was Attached: And the said Marshal neglecting or refusing to do the same within Ten Days, from taking the Distress, shall forfeit double the Value of the Overplus so by him taken, to be recovered by Complaint of the Party grieved, before any Justice of the Peace within this Island, as in case of Servants Wages. Clause VIII And be it further Enacted and Ordained by the Authority aforesaid, That it shall and may be lawful to and for the Colonel or Commissioner in chief of every respective Regiment for the time being, Colonels to sign Executions against Defaulters. to sign Execution against Defaulters, and to issue out Warrants of Appraisment, and thereby to command the respective Marshals of such Regiments or their Deputies, to Summon Three Freeholders' of the Neighbourhood, which Three (or any Two of them) are to make a just and conscionable Appraisment of such Goods and Effects as shall be showed by the Delinquent himself; and in case of his refusal, than by the Officer or his Deputy for satisfaction of the Execution aforesaid; and such Appraisment to give under their Hands or any Two of them upon Oath; which Oath the Marshal of each respective Regiment or his Deputy, is hereby authorised and required to administer to such Appraisers; and if the Person or Persons Delinquents as aforesaid, shall not show Effects, or if the Marshal or his Deputy shall not found any Goods, Chattels or Estate of the said Delinquents whereupon to levy his Execution for satisfaction of the Forfeitures therein mentioned, Than the Marshal or his Deputy by Warrant from the Colonel or Commander in chief of the said Regiment for the time being, Marshals to apprehended the Bodies of Delinquents. who is hereby impowered to grant the same, shall apprehended the Body or Bodies of the Person or Persons delinquent as aforesaid, and him or them to bring or cause to be brought before the said Colonel or Commander in chief of the Regiment for the time being, where such Default is or shall be made as aforesaid; who is hereby required to command such Delinquents to be obedient to this Act, and to make Payment for every past Default so due as aforesaid: And upon Noncompliance or Refusal, to sand such Delinquent or Delinquents by the said Marshal or his Deputy, with a Mittimus to the Provost Marshal of this Island for the time being, who is hereby impowered and commanded to receive the Body or Bodies of such Refractory Person or Persons, and in safe Custody to keep, until he or they shall become conformable to the said Act, Proviso. or be thence delivered by due course of Law. Always Provided, and it is the true intent and meaning of this Act, that when any Troop or Company are summoned unto Arms for Exercise or otherwise, and no Commission Officer be there present to perform the Duty, no Default of all or any Person shall be than or for such time Finable; but the Commission Officers in such case shall be Fined for their Defaults; viz. The Captain of Horse, Twenty Shillings, the Lieutenant Fifteen Shillings, the Cornet, Ten Shillings, and the Quartermaster, Seven Shillings and Six Pence: The Captain of a Foot-Company, Twenty Shillings, the Lieutenant Fifteen Shillings, and the Ensign Ten Shillings, upon due Proof thereof made before the Colonel or Commander in chief of the said Regiment; and the Fine shall be levied as other Offences before by this Act are appointed to be levied. And since it is not legal or equitable to punish Men for Impossibilities, the Inhabitants of this Island not being able to provide themselves with Servants during this War, and that all imaginable Provision hath been made by the Precedent, Council and General Assembly, both to provide Servants, and to impose the said Servants upon such as want the same to serve in the Militia. Clause IX Be it Enacted by the Authority aforesaid, That no Person from and after the Publication of this Act, Who sends his full Compliment not to be returned. shall be returned or levied upon for not sending his Compliment of Men, who sends all the Servants and Tenants he hath or can procure on the terms in this Act; and the Act that now doth, or any Law that shall hereafter set the Prizes given for Servants brought to this Island, shall appoint to the best of his Knowledge; which said Person shall make out upon Oath if thereto required, before the Captain of every Troop or Company in the Division he lives, or before the Colonel or Commander in chief of the said Regiment for the time being: Proviso. Provided always, That no Person be obliged to give more than Nine Pounds Sterling per Annum during the present War with France to any such Servant. And Provided always, That such Servant shall do such Service and Duty as he hath contracted for; and in case he shall prove unfit for such Service, and not deserve the Wages aforesaid, than the Master having proved the same before the next Justice of the Peace, and having Certificate thereof, under the said Justice's Hand, may lawfully dismiss the said Servant from such Service, and yet shall not be deemed a Delinquent, according to the purport of this Act; any thing herein before contained to the contrary notwithstanding. Clause X Be it also Enacted, Ordained and Established by the Authority aforesaid, That if any Servant or other Soldier enlisted to serve for any other Person, shall make any of the aforesaid Defaults, Defaults of the Soldiers to be punished with Corporal Punishment. which are in no wise chargeable upon, or imputable to the Person for whom he serves, than and in such case it shall and may be lawful to and for the Colonel or Commander in chief for the time being of such Regiment, to give such Offender Corporal Punishment, Proviso. (Provided he pay not his Fine before, or at the next Exercising Day that the Person he serves for should have paid) by lying Neck and Heels, running the Gantlop, or riding the Wooden Horse, not exceeding One Hour, with one Musket at each Foot, at the next meeting of the Troop or Company, at the discretion of the said Colonel or Commander. Clause XI And it is further Enacted and Ordained by the Authority aforesaid, That if any Person or Persons that shall be summoned as Appraisers (which Summons are to be made in Writing) and left with the Party or Parties at his or their House or Houses, Appraisers to be summoned. or common Place of Abode, at the lest Forty Eight Hours before the time of Appraisment, to be proved upon Oath before the Colonel or Commander in chief of such Regiment for the time being, who is hereby authorised to administer the same, shall not appear, or appearing, Not appearing to be fined. shall refuse to make Appraisment as aforesaid, that than every such Person without a reasonable Excuse, to be adjudged by the said Colonel or Commander in chief for the time being of the said Regiment, shall forfeit Thirty Shillings, to be levied by Warrant from the Colonel or Commander in Chief for the time being, of the said Regiment directed to the said Marshal or his Deputy, to levy the same upon their or any of their Goods or Estate by way of Distress, in the same manner, form and effect, to all intents and purposes whatsoever, as is appointed and practised by Justices and Constables as in case of Servants Wages: All which said Fines the said Marshals of the Horse and Foot may retain to their own Use. Clause XII And it is hereby Enacted, Published and Declared by the Authority aforesaid, Colonels of the Lifeguard have power to levy Fines. That the Colonel or Commander in chief for the time being of the Lifeguard, hath, and shall have the same power to issue forth his Warrant and Warrants to his Marshal; and the said Marshal or his Deputy hath and shall have thereby the same Power to levy such Fines, Penalties and Forfeitures of the Goods or Estate of any Person or Persons inlisted under his Command, offending as aforesaid; and have also the like power in all things, and in the same manner as the Colonels or Commanders in chief for the time being, of every respective Regiment have hereby unto them granted. And whereas the Assessment upon every Hundred Acres of Land to found one Horse and Rider as aforesaid, may prove very inconvenient to the Honourable the Members of His Majesty's Council in this Island, to the Gentlemen of the Assembly, Judges of Courts, and Field Officers of the respective Regiments within this Island, in respect of their Public Employments. Clause XIII Be it therefore Enacted, Ordained, Published and Declared by the Authority aforesaid, That all Persons that are actually of the Council, Every Councillor and every Field Officer abated Two Horses each. Proviso. and all Field-Officers in Commission, and Resident in this Island, be allowed and abated out of their Proportion enjoined by this Act, Two Horses each, whereof his own Riding Horse to be one, (Provided they take this Privilege in one Capacity only) all Gentlemen of the Assembly, all that have been of the Council, all that are or have been chief Judges of Courts, and also all that have born Commissions as Field-Officers and resident within this Island, shall be allowed out of their Proportion before Enacted, One Horse each and not more for his own use with the above Condition. Clause XIV And it is further Enacted and Declared, That all the Honourable Members of the Council, Council exempted from Military Duty. are hereby exempted from all Military Duty in their own Persons, they being by their Offices obliged to attend the Person of the General, and to be employed in no other Service, nor upon that but in case of Alarms, Invasion or Insurrection, unless such as bear a Military Command. Clause XV And it is further Enacted, That every Gentleman of the Assembly for the time being, Present Assembly, and former Field Officers, exempted from Duty but on Alarms. all chief Judges of Courts and their Assistants, or that have been chief Judges, all that have been Members of the Council, all that have served as Field-Officers, but are out of Commission, all Justices of the Peace be exempted from all Military Duty in their own Persons, (except in case of Alarms) who are than and in such case, enjoined to appear with such Arms, Ammunition and Accoutrements as are by this Act required, from all and every other Person serving on Horseback in the Troop within the Division where they live, and be liable to the like Penalties for Non-appearance, and other Deficiences herein after expressed. But for, and during the time of the present War, the Justices of the Peace, and the several respective Assistants of each respective Court within this Island, All Justices to ride Armed in in time of War. shall appear armed and accoutred as aforesaid, in their respective Troops within the Division they live, on all Days of Exercise, to the intent their Horses may be enured to the Firing of Guns, and become the more bold, thereby to charge the Enemy in case of an Invasion. Provided always, and it is the true intent and meaning of this Act, that the said Justices be not liable to Petrols, or the common Duties of the Troop, at no other time than upon Alarms or actual Invasion. Clause XVI And be it further Enacted by the Authority aforesaid, That no other Person or Persons, All other Persons not to be exempted. of what account soever (except as it is before excepted) shall be freed or exempted from Personally riding his own Horse, or otherwise being in Arms on Foot, when thereunto legally required for the strengthening the Militia of this Island, and that all Persons that are able to bear Arms may be exercised and made fit for the better Service of his Majesty, in the Defence and Preservation of this Island. Clause XVII Be it Ordained and Established by the Authority aforesaid, That what Persons soever who have Apprentices as Merchants, Apprentices to be inlisted. Artificers and others, and be deemed fit for his Majesty's Service, shall be forthwith inlisted by the Commanders of the several Companies in whose Division they reside, and appear complete in Arms in all respects as by this Act before is appointed upon Foot Soldiers; and for any Defect or Default, to be subject to the like Penalties as Landed Men are, if the Master be found in default therein. Proviso. Always Provided, all such Apprentices of Artificers, shall be by the Colonel or Commander in chief of that Regiment for the time being billeted proportionably upon Persons that want Servants for their number of Acres aforesaid; and the Persons for whom they serve, shall furnish them with all Accoutrements, Arms and Ammunition as is by this Act appointed. Clause XVIII And be it further Enacted and Established by the Authority aforesaid, That what Person soever that is or shall be hereafter inlisted under the Command either of Horse or Foot within this Island, and receiving legal Summons according to the appointment of this Act, All Persons to appear being summoned, and not to departed without leave. by sound of Trumpet, Beaten of Drum, or otherwise to appear in Arms, it being by Order from the Precedent or Commander in chief for the time being, of this Island, and appearing, shall refuse and neglect to perform such Military Duty as shall be required from him; or in case such Person shall departed his Colours or his Guard with his Arms, without leave from his Officer or Officers, and being convicted thereof before his Captain or Field Officer there being, shall be fined Twenty Shillings; and in case he doth not pay the same before, or at the next exercising Day, than to receive moderate Corporal Punishment, by lying Neck and Heels, running the Gantlop, or riding the Wooden-Horse, not exceeding one Hour, with one Musket at each Heel, by order of the Colonel or any Field Officer of the said Regiment. Clause XIX And be it further Enacted, Established and Ordained by the Authority aforesaid, All Persons to serve in the Place to which they remove. That if any Person or Persons listed in some Company or Troop of a Regiment, shall remove from his or their Place of Abode into any other Company of the same Regiment, or within the bounds of some other Regiment, he shall forthwith upon such Removal cause himself to be inlisted in that Company or Troop where he goeth to abide, and shall thereof bring a Certificate to the last Captain, who upon Receipt thereof, shall give him a Furloe for his Discharge from further Duty to be required of him; and whosoever shall neglect his Duty therein, shall in case of any Defect by him or them made in the Company or Companies Troop or Troops where he or they were first inlisted, incur the Penalties of this Act enjoined for non-appearance, and shall be levied in the same manner, and converted to the same use as is therein expressed. Clause XX And be it further Enacted, Established and Ordained by the Authority aforesaid, That every poor Freeman within this Island, Every Person to be inlisted that is a Freeman. whether hired to or with any Person or otherwise, shall duly appear complete in Arms in the Company wherein he is, or shall be inlisted, and in the same Company, shall diligently serve for the space of Six Months than next following his inlisting; and if such Freeman hath not such Arms and Ammunition as is required by this Act, he shall be provided therewith by the Person with whom he lives or doth work for the time of his being so hired, and shall secure the return thereof to the proper Owner whensoever thereunto required; but if any such Freeman shall break, spoil or loose such Arms, so that he cannot make re-delivery of them in as good order and condition as they were when he received them, than he shall make satisfaction for such Arms to the proper Owner thereof, either in Money or Goods; or else upon complaint made to the Colonel or Commander in chief for the time being, of the Regiment to which the said Party belongs, the said Freeman shall be by him ordered to serve the Owner of such Arms, until satisfaction be made for the same, according to the discretion of the Colonel or Commander in chief of that Regiment for the time being, who is hereby authorised and required to do the same, by sending his or their Warrant or Warrants to 'cause the Party offending to appear before him or them; and upon hearing the Matter, shall (if he or they so 'cause) order him to make satisfaction as aforesaid: And if the Person so offending, refuse to satisfy or serve according to the Order of the said Colonel or Commander in chief, that he be committed to Goal by the said Colonel or Commander in chief of the said Regiment for the time being, there to remain until he conform accordingly. Clause XXI And to the intent such of His Majesty's good Subjects of this Island who are willing and forward to serve in their own Persons, and to provide and sand such number of Men with Arms and Ammunition, either to Horse or Foot-Service, upon all Occasions as by this Act is enjoined them, may not be discouraged by the unpunished Contempts of the Refractory, Stubborn and Malicious, who wilfully and obstinately make default, and will not appear themselves, as in this Act provided, nor sand Men in Arms according to the proportion of Land whereof they are Possessors, obstinately refusing to yield Obedience to the Law, shall forfeit for his first Offence, Forfeiture of Refractory Persons. Ten Shillings for each Horse and Man complete in Arms he ought by this Act to appear on, or sand into the Field for Exercising; and for his Second Offence, shall forfeit and pay Twenty Shillings, and for his Third Offence, shall forfeit and pay Thirty Shillings for each Omission as aforesaid. And every Person that shall not appear or sand to the exercising of the Foot, shall forfeit and pay for the first Offence, Five Shillings, and for the Second Ten Shillings, and for the Third Fifteen Shillings. And for the better ascertaining who shall be deemed a Refractory Person, Clause XXII It is hereby Ordained and Enacted, That any Person that shall have Execution levied upon him for not appearing or sending Horse or Foot as by this Act is appointed, Who shall be deemed a Refractory Person. complete in Arms to the Exercise, and shall notwithstanding wilfully and obstinately in contempt of this Law, refuse to, and continued not to sand any, shall be deemed and taken for a Refractory Person by this Act, and no other Person whatsoever, and shall for his first Offence, forfeit and pay Ten Shillings; for his Second Offence Twenty Shillings; and for his Third Offence Thirty Shillings; and after the said Third Offence, the said Forfeiture to begin again, as for the First Offence, and so on to the Third, not exceeding the several Forfeitures aforesaid, to be imposed and levied for every such Offence as they shall hap severally as aforesaid, until he do appear or sand his Proportion of Horse and Men complete in Arms, as by this Act is provided. And in like manner, such as are obliged to serve in or sand to the Foot as shall be Refractory as aforesaid, shall pay for himself and each Person he is or aught to sand, Five Shillings for the First Offence, Ten Shillings for his Second Offence, and Fifteen Shillings for his Third Offence; and so begin again, as from his First, to the Third Offence severally, and not otherwise, until he doth appear or sand as aforesaid. And the Colonel or Commander in chief for the time being, of the respective Regiments, have hereby full Power and Authority to issue Execution directed to the Marshal of the Regiment, to attach any of the Goods or Estate of the Person so contemptuously in default, and the same to appraise, and further to proceed in all things as is in and by this Act appointed. And whereas great Mischiefs will unavoidably hap, unless some strict course be taken for the punishing of Mutinies, which may be committed in the time of Service and other Disorders, as Soldiers striking or threatening their Officers, being a thing of dangerous Consequences. Clause XXIII It is therefore Enacted and Ordained by the Authority aforesaid, That if any Soldier or Soldiers in time of Service, Exercise or Duty whatsoever, shall presume to strike or threaten his Officer, shall begin, raise, abet or countenance any Mutiny or Disturbance whatsoever amongst his Fellow Soldiers, Forfeiture in case of Mutiny. such Offender or Offenders shall forfeit and pay Twenty Pound Sterling for such Offence, to be levied by the Marshal of that Regiment in manner aforesaid, for the use of His Majesty, to the Repairs of the Public Fortifications, or for default of such Payment in Ten Weeks after the Offence committed, shall be moderately punished by the Colonel or Commander in chief for the time being, under whose Command such Soldier or Soldiers are, by running the Gantlop, lying Neck and Heels, or riding the Wooden-Horse, at the discretion of the Colonel or Commander of the said Regiment for the time being. And forasmuch as the Safety and Preservation of this Island lieth very much in speedy giving forth and setting forward of an Alarm, and forasmuch as the nature of the Forces that may come to invade this Place, will in all likelihood be best and soon known to the Honourable the Precedent, or to His Majesty's Governor here, or Commander in chief of this Island; and also forasmuch as that an Enemy may the better know how to take his Measures, if how many Ships shall give an Alarm should be established by an Act: Clause XXIV The Honourable the Precedent or Commander in chief for the time being, is hereby desired by and with the advice and consent of the Council from time to time, What shall be an Alarm. to appoint how many Ships or Vessels shall give an Alarm to the Forts, and how many Ships or lesser Vessels shall give an Alarm to the whole Island, and also to appoint how the said Alarms shall be set forward, either by firing Guns, beaten of Drums, discharging Three Muskets distinctly, ringing of Bells, blowing of Shells, sending of Messengers from one Neighbour to another, hanging out white from the Top-Fanes of Windmills by Day, and Lights by Night; and so from one Mill to another, until it hath passed the whole Island throughout, or by all these recited particulars, or by as many of them, or any other, as the Honourable the Precedent, or the Commissioner in chief here for the time being, and Council shall from time to time think fit and reasonable. And the Precedent is humbly supplicated to place Guns upon Lessly's-Hill, Ramsay's-Hill, the Mount, Brigg's-Hill, and other convenient Places for the speedy carrying on of an Alarm, which appointment for an Alarm when agreed upon, the Precedent or the Commissioner in chief as aforesaid, is humbly desired to cause Publication thereof to be made in the several Parish Churches of this Island, to the end the respective Inhabitants may know what is their Duty in that particular; and after such Publication, if any Person shall fail of setting forward the Alarm, by the Signs to him appointed, according to his Capacity with all diligence, he shall for every such Offence, suffer Six months' Imprisonment, Six months' imprisonment for the Person who sets not forward an Alarm. without Bail or Mainprize, the same to be inflicted by order of the Commissioner in chief of this Island; and th●t on the Alarm given according to the Rules of the Precedent or Commander in chief, and Council for the time appointed and ordained; if the Alarm be to the Forts only, all Persons that are or shall be appointed in such case for the Defence of the said Forts, are to repair immediately to their Colours, or to such other place as the Precedent or Commander in chief for the time being shall direct. And if the Alarm be to the whole Island, all Persons of what Degree or Quality whatsoever, are to repair to their Colours, or Places of Meeting that are or shall be by the Precedent or Commander in chief and Council for the time being appointed, and till such Publication as aforesaid, any and every Person may and shall upon sight of Seven Ships, give an Alarm to the Towns, and of Twelve Ships or more to the Country. And whereas the Penalty aforesaid in this Act, provided upon Persons not appearing in Arms upon Alarms, are not thought sufficient Punishment for such refractory Contemners of the Law, and Enemies unto the Safety of this Island, Clause XXV It is therefore further Enacted by the Authority aforesaid, That every Man (not excused by this Act) who is Personally in this Island, Forfeiture for Non-appearance in Alarms. who is of the Age of Fifteen Years, shall appear in Arms at his Post, as by this Act is appointed; and every Person wilfully failing as aforesaid, shall forfeit for every Footman not appearing, Five Pounds Sterling, and so for every Four and Twenty Hours the like Sum, till they are legally discharged; and for every Horseman Ten Pounds Sterling, in like manner as aforesaid, the same to be levied by the Marshal belonging to the Colonel, by Warrant under the Hand of the Colonel or Commander in chief for the time being, to whom the said Defaults doth belong, in the same manner as in case of Servants Wages by Law is appointed; and the said Forfeiture to be paid into the Hands of the Treasurer of this Island for the time being, to and for the use of His Majesty, for the Fortifications, reserving only out of the same, Ten per Cent. to the Marshal: And that the Colonels or Commanders in chief of each Regiment, do within One Month after each Alarm, give a true List of all the Executions they signed for Defaults on all Alarms, to the Treasurer of this Island, the better to enable him to charge the several Marshals of the Regiments therewith; who is hereby required to pay the same into the Treasury of this Island within Ten Weeks after the Date of the several Executions as aforesaid. And further, that the said Defaulters be by Order of the said Colonel or Commander in chief for the time being, brought by a Guard to the Post where he or they ought to appear, there to be employed as Pioners or otherwise, at the discretion of the Colonel or Commander in chief for the time being. And for the greater Encouragement of all such Persons as are or shall be appointed Commission Officers, and are notwithstanding to found Horse and Arms in the several Troops of Horse in whose Division they devil; and that they may the more cheerfully proceed in the great Credit and Trust reposed in them, Clause XXVI Be it Enacted and Ordained by the Authority aforesaid, That all and every Commission Officers now being in Commission, Every Commission Officer excused one Horse and Man. or which shall hereafter be, shall from and after publication hereof, be excused of One Horse and a Man, of those which he is to sand, according to the Prescription of this Act, to serve in the Troop or Troops to which the said Commission Officer did or doth, or shall hereafter belong during the time of his being in Commission as aforesaid; any thing in this Act to the contrary notwithstanding. Clause XXVII And it is further Enacted and Declared by the Authority aforesaid, That upon all such Occasions, Provisions to be sent down to Persons on Duty. the Masters of such Servants or Freemen who are so upon Service for their Account, and are detained on the Guard all Night, shall forthwith sand down such Provisions ready dressed as may be needful and sufficient for every such Soldier than upon Service, in default thereof, the chief Officer there being, shall supply the same; and the Person so offending, shall pay for every such Default, Two Shillings and Six Pence Sterling, besides Charges for each Soldier, every Twenty Four Hours the said Guards shall continued, the same to be levied in manner and form as is before provided; and that the said Fines be paid to the said Officer that had Command of that Guard, to reimburse his present Expenses, and the overplus, if any be, by him distributed amongst the inferior Officers and Soldiers than and there in Service. Clause XXVIII And it is hereby further Enacted by the Authority aforesaid, That upon the approach of an Enemy, Commanders in chief to press Horses, Wains, etc. it shall be lawful for the Colonel or Commander in chief for the time being of every Regiment, to press Horses, , Harness and Drivers for Draught of the Field-Guns, to such Places as Order shall be than given for, and also Carts, Horses and for any other Service, at such time requisite, and also to press Boats, and Negroes for Pioners, and Victuals for Soldiers in case of necessity; for all which the respective Owners shall receive full recompense out of the public Treasury of this Island. And to the intent that due encouragement may be given to all such Freemen and Servants as shall cheerfully and boldly oppose the common Enemy, Clause XXIX Be it Enacted and Ordained by the Authority aforesaid, That every Servant that shall engage and manfully behave himself in Fight against the Enemy, Encouragement of Servants behaving themselves well in Battle. and produce a Certificate thereof from any Commission Officer, shall be, and is hereby declared a Freeman, and be absolutely held free, from all future Service towards his Master or Mistress, from and immediately after his engaging against the Enemy as aforesaid; and whatsoever Negro shall so behave himself, and prove the same by Oath of any credible Witness, shall receive Yearly a Livery Coat and an Hat from the Public Treasury, and white Servants allowance of Victuals from the Master or Owner. Clause XXX And be it further Enacted by the Authority aforesaid, That if in the Service aforesaid, any Servant or Negro shall hap to be killed, lost, Servant or Negro killed, lost or disabled, to be made good to the Owner. maimed or disabled in the defence of this Island, that the Loss and Damage of such Negro or Servant shall be paid for to the Owner, and allowed out of the Public Treasury of this Island: And if any poor Freeman or Servant shall be maimed or disabled, shall receive from thence forthwith Yearly out of the Public Treasury, to maintain him during his Life or abode in this Island, the Sum of Ten Pounds Sterling. But if the Freeman so maimed or disabled as aforesaid, be a Married Man, than such Freeman shall for the Maintenance of himself, his Wife and Children, receive out of the public Treasury of this Island, during his Life or Abode in this Island, Fifteen Pounds Sterling Yearly. And if it shall hap that any Freeman that is a Married Man as aforesaid, shall loose his Life in the Service aforesaid, that than the Widow of such Freeman shall thenceforth during her Widowhood, receive out of the Public Treasury of this Island, Ten Pounds Sterling Yearly for the support of herself and her Children if she have any. And in regard by good experience it is well known, that many Negroes and Slaves are worthy of great Trust and Confidence to be reposed in them, Clause XXXI Be it therefore Enacted by the Authority aforesaid, That all and every the Inhabitants of this Island enjoined to found Horse or Horses for the Militia, Every Horseman to bring a Negro Man armed. shall (for every Horse they are so enjoined to sand) with each Horseman, sand one able Man-Slave armed (provided he hath a Man Slave) with a Bill and Lance, and apparelled with a black Hat and a Read Jacket upon every Alarm of Ships: And the Negroes appearing at the said Rendezvouz by virtue of this Act, shall be inlisted, commanded and directed for the Service of this Country, by that Officer that commands the rest of the Forces in that Division, or such as the Precedent or Commander in chief shall empower to that end and purpose: Also that every Person possessed of Forty Acres of Land, shall sand one able Man-Slave; and so proportionably to his full quantity of Land, upon Service, upon Alarms of Shipping armed as aforesaid, to be commanded at the discretion and appointment of the Precedent or Commander in chief, who shall be conducted by some fit Persons to be appointed by the Masters for that purpose to such Places, and to be under such Discipline and Command as the Precedent, Governor or Commander in chief for the time being shall from time to time direct; and such as shall offend contrary thereto, shall forfeit for each Slave he shall not sand upon that Service armed and apparelled as aforesaid, the Sum of Fifty Shillings Sterling to His Majesty for the use of the Fortifications of this Island. Clause XXXII And it is further Enacted by the Authority aforesaid, Th●● 〈◊〉 soever Person or Persons shall raise or spread any false Alarms, Forfeiture for spreading false Alarms. not having just Grounds or Warrant so to do, shall suffer, undergo or pay such Penalties as the Precedent and Council, or the Governor or Commander in chief for the time being, by and with the consent of the mayor part of the whole Council resident in Barbados, shall think fit to inflict or impose, provided the said Penalty doth not exceed the Sum of Five Hundred Pounds current Money; which Fine when so imposed, shall be to His Majesty, and paid into the public Treasury for the use of the Fortifications of this Island. And to the intent no Person shall have wrong done, and be left without Relief, Clause XXXIII It is hereby appointed, that in all cases where any Person is supposed to be an Offender against this Act in any particular, All Persons aggrieved, to be addressed on Complaint to the Colonel. that the Party shall and may apply himself to the Colonel or Commander in chief for the time being, of such Regiment, who hath and shall hereby have power to hear all Complaints, and examine Witnesses upon Oath, and to give redress according to the Merits of the Cause in matters relating to the Execution of this Act, except where in this Act it is otherwise appointed. Clause XXXIV Also it is hereby appointed, that all Men remaining in this Island, and are unfit to bear Arms in their own proper Persons, Every Person having but a Personal Estate what to sand. whether being superannuated or otherwise howsoever, and have no Land to sand any Soldiers. If such Person be in esteem to have a Personal Estate of the Value of Two Hundred Pounds Sterling, or an Estate in Negroes of the like Value or more, to be estimated by the Colonel or Commander in chief as aforesaid, shall found one Foot-Soldier, and if the said Person keepeth an Horse, shall found an Horse manned and completely armed as is appointed by this Act to serve at Exercise upon all Duty, and upon Alarms, upon the like Penalty, as is upon all other Occasions imposed by this Act for the like Offence. And be it further Enacted and Ordained, Overseers excused. That all Head-Overseers of Plantations to which belong the number of more than Six Negro Men, shall and are hereby excused from being inlisted or made liable to serve upon any occasion whatsoever; but are reserved to take care of the Family to which they do belong, during such Service; any thing to the contrary notwithstanding, unless upon such Duty as is before expressed. And in regard divers Persons have greater Numbers of Servants, Slaves and Horses than by this Act is required from them, and that such Persons may receive no Damage by sending such Supernumeraries to the Defence of this Island, Clause XXXV Be it further Enacted and Ordained by the Authority aforesaid, That all Losses of Servants being freed by this Act, Supernumerary Servants lost in Battle, to be paid for. as well of the Supernumeraries, as of the standing Militia, either in Servants, Negroes, Slaves, Horses or , be allowed and paid for to the proper Owner, out of the public Treasury of this Island. Clause XXXVI And it is further Agreed and Enacted by the Authority aforesaid, That Thirty Pounds Sterling shall be deemed the value of each Negro Man or Slave that shall be lost in the Public Service as aforesaid; Value of Negroes lost. and that every Person that in that case shall be a Loser, shall in recompense of every Negro Man or Slave he loseth as aforesaid, receive the Sum of Thirty Pounds Sterling out of the Public Treasury as aforesaid; and all such Sums as shall hereby arise due from the Public Treasury, shall be charged by the Precedent or Commander in chief, by and with the advice of the Council on the Treasurer of this Island for the time being. And whereas it hath been laudably used and accustomed in this Island, even from the first settling of the Militia therein, unto this day, that all Commissioners of the Trained Bands therein, have been of the Inhabitants thereof; and such who have been Persons of such Honourable Qualifications, and visible Estates, that they have not been in the lest Burdensome to the Inhabitants, by receiving Pay or other Gratuity, further than the Affections of the Soldiers, and Reputation of their Commands, as a Reward of that great Care and Expense in discharge of their Trust, which hath been, and is much to the Ease and Contentment to the Inhabitants of this Place, which otherwise would be very grievous and burdensome unto them. Clause XXXVII Be it therefore Enacted, Ordained and Established by the Authority aforesaid, Who shall be capable of being a Field-Officer. That no Person whatsoever shall be hereafter held fit or capable to be a Field-Officer, or General Officer within this Island, except such Officer shall be known to have an Estate of One Hundred Acres of Land of Inheritance or , at the lest within the same, being thereby fit to bear the Charge and Expense thereof; and that no Person be admitted a Captain, unless he have an Inheritance or Freehold of Forty Acres at the lest; and that no Field-Officer or Commission Officer whatsoever, shall expect, demand or receive any Pay, Gratuity or Reward, for, or in consideration of any Duty or Service by him or them done, or to be done; or for any Charge or Expenses which any of them hath been, or shall be at; but that every of them support and maintain himself in such Office and Command, at his own Expense and Charge, without putting the Public to the defraying any part thereof. Proviso. Provided nevertheless, That such Gentlemen whose Parents are Persons of considerable Estates in this Island, may be trusted in Command as Captain Lieutenant, or Cornet of Horse, or Captain Lieutenant or Ensign of Foot, each respective Parent of such Son in Commission, shall be allowed or abated one Horse out of the Proportion he or she is enjoined to sand for every Son so in Commission, he living with the Father or Mother, Proviso. and serving at his or her Charge. Provided also, That this Present Act be not construed to disable any Person now in Commission, or that hereafter shall be in Commission, who are Gentlemen of considerable Estates in any Towns of this Island. Clause XXXVIII And be it further Enacted by the Authority aforesaid, That the several Troops and Companies of the Respective Regiments of this Island, Every Company to meet once a Month in time of War, and once in Two Months in time of Peace. shall meet one Day in every Four Weeks in time of War, and one Day in every Eight Weeks in time of Peace, to be by their several Officers Disciplined, and no oftener, unless upon some credible Advice or Intelligence of some intended Invasion upon this Island, it shall seem expedient to the Precedent and Council, or Governor or Commander in chief for the time being, by and with the advice of the Council or the Mayor part of them resident upon this Island, for their better Exercise and Discipline, to order the Troops and Companies to meet oftener. Provided nevertheless, Proviso. That the Precedent and Council, or Commander in chief for the time being, may for expedition appoint or command any Company or Companies, Troop or Troops, or sufficient part of the Militia as may be needful to guard any Bay or Bays of this Island, if any Vessel or Vessels under the number appointed for an Alarm, which is by this Act already provided, shall Land or attempt to Land in any of the said Bays, or appear before this Island, and upon just ground be deemed to be Enemies of the King, and there be good cause of Suspicion of the same; or for the prevention of an intestine Commotion or Insurrection, Proviso. and which is not by this Act already provided for: Provided That in neither of the Cases aforesaid, the said Companies Troops or Forces do continued longer upon the Duty than Forty Eight Hours, unless it be by and with the Advice and Consent of the Mayor part of the whole Council as aforesaid; or that the said Ship or Ships disappear, and that the Danger of any such suspected Commotion or Insurrection be over. Proviso. Provided likewise, That for the Honour of the Commander in chief for the time being, for which the Inhabitants of this Island have been, and are still very willing to provide for, may have a Company to attend him to Church, or a sufficient Guard at the time of the Grand Sessions, or for raising of such convenient part of the Militia for the Honourable Reception of any Governor when any such shall be appointed by his Majesty; and also by and with the Advice and Consent of the Mayor part of the Council as aforesaid, the same to be done upon any extraordinary and public Occasion. Provided also, That Horse Petrols do Duty as formerly every Saturday Night, Sunday and Sunday Night, and other Holy-Days, in such manner as hath hitherto been usual in this Island; all which being duly observed, will tend to the Liberty, Safeguard and Quiet of the Inhabitants of this Place. And be it further Enacted, That no other Summons to appear in Arms for Exercise or otherwise, besides what is in this Act expressed and appointed, shall be deemed Legal or Lawful. And whereas sundry entire Plantations within this Island may hap to lie in several Divisions, which of necessity will occasion great inconveniences to the Inhabitants, in sending their People upon Alarms, or other occasion of Service: For Remedy whereof, Clause XXXIX Be it Ordained and Enacted by the Authority aforesaid, That in all such Cases, Every Person to serve in the Division where he lives. in what Division soever the Mansion-house of any Person shall stand, in that Division only shall he serve himself, and all the Men and Horses from him required by this Act, and in no other whatsoever; any thing in this Act to the contrary notwithstanding. And forasmuch as many Persons by this Act appointed to bear Arms, are not Men of sufficient Estates to maintain themselves in Arms, Ammunition and Provisions, should His Majesty's Service require their being any length of time in Arms; and that many Landed Men have not Men sufficient to serve for them according to the appointment of this present Act, To Remedy both which Inconveniences, Clause XL It is hereby Enacted and Ordained, That the Colonel or Commanders in chief of each respective Regiment, Persons insufficient to provide for themselves, to be billeted on Landed Men. and Captain of each Company and Troop, do make diligent inspection within the Limits of their respective Regiments, Companies and Troops, and out of the said insufficient Persons proportionably billet and supply the Landed Men within their Regiments, Companies and Troops; which Landed Men shall found Horses, Arms, Ammunition, Provision, and pay Seven Pence Half Peny per Day to each Person so serving; and in case of refusal of such Payment, the respective Colonel or Commander in chief, or Captains of Companies or Troops, are hereby authorised to levy upon the said Landed Men, Five Shillings for each Default for the time aforesaid, for the support and encouragement of the poor sort as aforesaid; one half of the said Levy to be to the Marshal who makes the same, and the other half to the Party grieved, and if any such Men remain when all the Land is Manned as aforesaid, a List of all such Persons to return unto the Precedent and Council, or Commander in chief, to the end due Provision may be made for them in time of need. Clause XLI And be it further Enacted by the Authority aforesaid, That the Two Clauses in this Act concerning the encouragement of Freemen, Publication of Two Clauses concerning Freemen, Servants and Negroes be made Twice per Annum. Servants and Negroes, be published in each Parish-Church in this Island, upon the First Sunday in June, and every first Sunday in December; and such Minister that shall neglect the same, shall for every time neglected, forfeit Fifty Shillings, to be paid to the Churchwardens of the respective Parishes where such Omission shall be made, to the use of the Poor of that Parish. And forasmuch as great Complaints have been made of the Marshals of the respective Regiments, for taking greater Fines, and Distraining for above Twice the Value of the Fines by this Act imposed for Defaults than is allowed hereby, For Restraint and Prevention of such Inconveniences for the future, Clause XLII It is hereby Provided and Enacted, That if any of the Marshals aforesaid, shall in the Distraining for any Fine whatsoever as aforesaid, commit or do any Injury unto the Person upon whose Goods he so Distrained beyond the Power and Duty by this Act to him given and appointed, and shall not leave a Certificate of the Goods distrained on, as herein before is declared in such case, it shall and may be lawful for the Person or Persons so or in any wise grieved contrary to the true intent and meaning of this Act, Persons grieved by the Marshals, to apply themselves to the Colonels or Commanders in chief. to apply him or themselves to the Colonel or Commander in chief of the Regiment to which the said Marshal belongeth, who is hereby impowered to redress the Person if injured, by granting Execution against the said Marshal, to the next Constable for restitution of what the Person complaining appears to be injured in, who is required to levy the same, as in the case of Servants Wages. And it shall and may be lawful for the Colonel or Commander in chief of such Regiment, and he is hereby required so to do (if the Marshal appeareth to be greatly in fault) to commit him to Goal without Bail or Mainprize, there to remain for the space of One Month, and be Fined Five Pound Sterling to His Majesty, to be paid to the Treasurer of this Island, for the use of the Fortifications: And it shall and may be lawful for such Persons so grieved as aforesaid, to complain to the Colonel or Commander in chief of the said Regiment, and if he gives no redress, than the Person grieved, if he think fit, may commence his Action at the Common Law, against the Marshal, whose Complaint being made out to be just and true, the Jury shall give Triple Damages to the Plaintiff, and the Court double Cost, the said Action to be tried the first Court after Service thereof: Proviso. Provided always, the said grieved Person commenceth his Action within Six Months after such Injury done him as aforesaid: Provided also, Proviso. That if the Plaintiff doth not make good his Action, the Judge of that Court where such Action is commenced, shall tax double Cost against the Plaintiff for his unjust Vexation. Clause XLIII And be it further Enacted by the Authority aforesaid, That Two Field-Pieces well mounted and fixed, Each Regiment to have Two Field-Pieces. with all Necessaries, be forthwith provided at the Public Charge, for each Regiment of Foot within this Island, to be placed at such convenient Post as each respective Colonel or Commander in chief of the said Regiment shall appoint. Clause XLIV And be it further Enacted by the Authority aforesaid, That whatsoever Articles of War or Military Laws, Articles of War not to be in Force till an Enemy appear. shall be by the Precedent and Council, or Commander in chief of this Island, made by and with the Advice and Consent of the mayor part of the General Council of War here, shall not commence or begin until an Enemy sufficient to 'cause an Alarm to the whole Island, appear in Sight here; and shall discontinue and loose their Power, so soon as the Enemy shall be gone out of Sight of this Island. Provided always, That the said Laws be duly published, and a Copy thereof hung up in every Court of Guard for public View. Clause XLV And be it further Enacted by the Authority aforesaid, That whatsoever Person within this Island, None to fire a Gun small or great, after Eight of the Clock at Night. shall after Eight a Clock at Night, fire any Gun, small or great, or permit or order any to be so fired within his House or Plantation, shall for every such Offence forfeit (except it be in his own Defence, or Preservation of his Goods, or in case of an Alarm) Two Shillings and Six Pence. But if it shall so hap, that the Person be insolvent, Servant or Negro, than and in such case it shall and may be lawful, to and for the next Justice of the Peace, to bind the Offender to the Quarter Sessions if a Christian, or order him if a Slave, such Corporal Punishment as he thinks the Offence deserves. And forasmuch as many Disorders are committed by Petrols, by reason that the Command of them is given often to lose and inconsiderable Persons, occasioned chief by refusal of such Command, by the more able and sober Persons. For Remedy whereof, Clause XLVI Be it Enacted by the Authority aforesaid, That whatsoever Person (except as before excepted) shall from and after Publication of this Act, Neglect of Service on Petrols, to forfeit Twenty Shillings. refuse or neglect such Command, being thereunto required by the Captain or Commander in chief of each respective Troop, shall for every such Offence, forfeit Twenty Shillings, to be levied by the Marshal of the said Regiment; and the Commander of such Petrol, is hereby impowered and required to make Returns of such Defaulters for Non-appearance, to one of the Commission Officers of the Troops and Companies to which such Petrols belong, that by the said Officer the said Returns may be made to the Colonel, that Execution may issue against the Delinquents in manner and form as for other Defaults for Non-appearance is in and by this Act prescribed and appointed. Clause XLVII And be it further Enacted and Ordained by the Authority aforesaid, That if any Officer or any other Person qualified by this Act to make Returns, shall contrary to the true intent and meaning of this Act, Persons suffering by false Returns, to have their Actions at Common Law. make any false or undue Returns wittingly and willingly, so that such Execution be levied, the Party so aggrieved, shall have his Action at Common Law in the Court of the Precincts where such Officer that hath made such false Returns, doth live or reside, which Action shall be entered in Thirty Days after such Execution levied, and shall be tried the first Court after such Entry made by a Jury; and if the said Officer shall be found guilty by the Jury of having made such false Returns, than the said Jury for his making such a false Return, shall found him in Damages Five Pounds Sterling; and the Court shall award to the Plaintiff, Three Pounds Sterling in Cost, and no more. But if the Plaintiff doth not make good his Action, so that the Returns appear to be legally made, than the Court shall tax triple Cost for the Officer or Person who made such Returns for his unjust Vexation; any thing in this Act to the contrary notwithstanding. And for that the Marshal upon an Execution Signed against any Person by the Colonel or Commander in chief of the Regiment shall not be hindered from executing the said Execution against, or upon any Person so returned for the Defaults in the Militia, as by this Act appointed, and for that likewise the Party grieved may not have his Goods carried and driven away by the said Marshal, Clause XLVIII It is therefore Enacted and Ordained, That the Party whose Goods are so Attached, Goods levied on, to be in the Delinquents ● Custody, Bon● being given. shall apply himself in Ten Days after such Execution levied to the Colonel or Commander in chief of the Regiment to which he belongs, who is hereby impowered and required to order the Goods so Attached from the Party, to remain in the Delinquents own Possession; and the said Marshal is hereby required to yield all due Obedience to the same, and the said Delinquent at the same time, shall give a Bond to the said Marshal in double the Value of such Execution or Executions so levied, that he will bring the aforesaid Action within one Month at furthest after such Complaint; and that if the Action so brought, or being brought, shall not be found for the Plaintiff, so that the return of the Officer is adjudged lawful, than the Complainant shall in Five Days return the Goods so Attached to the Marshal, or pay the Value they shall be Appraised at; which if not complied with, than the said Marshal shall recover the whole Penalty in the said Bond, against such Complainant as aforesaid, by Action at the Common Law without Appeal, and the Court is hereby impowered to Tax common Cost. Clause XLIX And be it further Enacted by the Authority aforesaid, That all Acts or Statutes heretofore made, All former Acts of the Militia Repealed. for or concerning the Militia of this Island, be and are hereby declared to be absolutely Voided, Null and Repealed, to all Intents and Purposes whatsoever; any Law to the contrary notwithstanding. Read and passed the Precedent and Council, the 3d of November, 1697. Read and passed the Assembly, Nemine contradicente, this 14th Day of October, 1697. George Pain, Clerk of the Council. William Rawlin, Clerk of the Assembly. Nᵒ 438. An ACT for the better Securing the Liberty of His Majesty's Subjects within this Island, and preventing long Imprisonment. Preamble. WHereas several of His Majesty's Subjects have heretofore been committed for Criminal or supposed Criminal Matters, and have been long detained in Prison for such Causes and Matters, and in such Cases where by the Law of England they ought to be Bailed (to their great Damage and Vexation.) For Remedy whereof, and the more speedy Relief of all Persons so imprisoned for any such Criminal or supposed Criminal Matters as aforesaid, Clause I Be it Enacted by the Honourable the Precedent and Council, and General Assembly of this Island, How to move for an Habeas Corpus. and by the Authority of the same, that from and after the Publication of this Act, it shall and may be lawful to and for any of His Majesty's Subjects within this Island, which are or shall be committed for any Criminal, or supposed Criminal Matters (unless such Commitment be for Treason or Felony plainly and specially expressed in the Warrant of Commitment) at any time or times after such Commitment to move, and pray by Petition, or otherwise by himself or any other Person for him and in his behalf, to the chief Baron of His Majesty's Court of Exchequer in this Island, or any one of the chief Judges of the Courts of Common Pleas, held for the several Precincts of this Island, for the obtaining his or their Writ of Habeas Corpus, which said Writ shall by the chief Baron, or any one of the chief Judges, be ordered and granted within Eight and Forty Hours at furthest, after such application made to the said Baron or Judge, Signed by such chief Baron or chief Judge, and directed to the Provost-Marshal, Gaoler or such other Officer or Person whatsoever who hath the Custody of such Prisoner; and the said Writ of Habeas Corpus to be served upon the said Officer or other Person whatsoever, in whose Custody the said Prisoner shall be, by any of His Majesty's Subjects, for and in the behalf of the Person so committed and detained in Prison, or left at the Goal or Place where such Prisoner is, with the Provost Marshal or his Officers, Deputies, Keepers, or any other Person or Persons whatsoever, having the Custody of the said Prisoner, and the said Provost Marshal, or other Officer or Person whatsoever, shall within Twelve Hours after such Service of the said Writ, (unless such Commitment shall be for Treason or Felony, plainly and specially set forth in the Warrant of Commitment) upon Payment or Tender of the Charges of bringing the said Prisoner to be ascertained by the chief Baron or Judge that awarded the same, and endorsed upon the Writ, not exceeding Twelve Pence per Mile, and Security given by his own Bond to pay the Charges of the bringing him the said Prisoner back (if he shall be remanded by such Baron or Judge) and that he will not make Escape by the way, shall make Return of such Writ, and bring or cause to be brought the Body of such Person so committed, before such Baron or Judge from whom such Writ shall issue, and made returnable according to the Command thereof, and shall than likewise certify the true cause of his Detainer, or Imprisonment to the said Baron or Judge. Clause TWO And be it further Enacted by the Authority aforesaid, That the Baron or Judge before whom such Party shall be brought as aforesaid, How Prisoners shall be discharged. shall discharge the said Prisoner from his Imprisonment, taking his Recognizance with one or more Surety or Sureties, in any reasonable Sum according to his Discretion, having regard to the Nature of the Crime, and the Quality of the Prisoner for his Appearance at such Court or Place where such Offence is properly cognizable, and as the Cause shall require, and than shall certify the said Writ, with the Return thereof, and the said Recognizance or Recognizances into the said Court, where such Appearance is to be made, unless it shall appear to such Baron or Judge that the said Matters or Offences are such for which the Prisoner by the Law of England or this Island is not Bailable as aforesaid; and if such Baron or Judge (to whom the Motion is made for the said Writ of Habeas Corpus,) upon view of the Copy or Copies of the Warrant of Commitment, or upon Oath that such Copy or Copies were denied the Prisoner upon his Request, or any other Person or Persons demanding or requiring the same in the Prisoner's behalf, shall deny to grant such Writ of Habeas Corpus as by this Act is appointed, or having granted such Writ, shall refuse, neglect or delay to discharge the said Prisoner from his Imprisonment, as in and by this Act directed, he shall forfeit Five Hundred Pounds Sterling to the Party grieved, to be recovered by the Prisoner or Party grieved, his Executors or Administrators, against such Baron or Judge, his Executors or Administrators, by Action of Debt, Bill, Plaint or Information in any the Courts of Record within this Island, wherein no Essoign, Protection, Privilege, Injunction, Wager of Law or stay of Prosecution by non vult ulterius prosequi, or otherwise shall be admitted or allowed. Clause III And be it further Enacted by the Authority aforesaid, That no Provost Marshal, Goaler or any other Officer or Person whatsoever, Provost Marshal or Goaler not to keep any in Prison above Twelve Hours, except by a Mittimus, shall after Publication of this Act, upon any Pretence whatsoever, imprison, keep in Custody or detain any of His Majesty's Subjects within this Island above Twelve Hours, unless it be by a Mittimus in Writing, setting forth the Cause thereof, upon Penalty of forfeiting Five Hundred Pounds Sterling to the Party so imprisoned, kept in Custody or detained, to be recovered in manner aforesaid; and if any Person shall be committed, imprisoned or detained above the said Twelve Hours, without a Mittimus as aforesaid, it may and shall be lawful for the chief Baron, or any one of the chief Judges aforesaid, who are hereby strictly required and enjoined upon application made to him or them, or any one of them, by the Party so committed, imprisoned or detained, or by any other Person in his behalf, immediately to issue his Warrant under his Hand, commanding the said Provost Marshal or other Officer or Person whatsoever, in whose Custody such Person shall be, upon sight thereof, to bring the said Prisoner before him; and the said Baron or Judge shall immediately discharge the said Prisoner without Bail, or paying any manner of Fees whatever: And if the said Provost Marshal, or other Officer or Person whatsoever, shall refuse or neglect to yield ready Obedience to the said Warrant, the Baron or Judge who granted the same, is hereby required to commit him to the common Goal, there to remain for Six Months, without Bail or Mainprize; and if such Baron or Judge to whom such Application is made for the said Warrant, shall refuse to grant the same, or to discharge the Prisoner as by this Act is directed, shall forfeit Five Hundred Pounds Sterling to the Party grieved, to be recovered in manner aforesaid. And to the intent His Majesty's Subjects in this Island may not be twice committed for one and the same Offence, and be unjustly vexed, Clause IV Be it Enacted by the Authority aforesaid, That no Person or Persons whatsoever that shall be set at large upon any Habeas Corpus pursuant to this Act, Persons once dismissed, not to be again imprisoned for the same Offence. shall at any time hereafter be imprisoned again, or committed for the same Offence, otherwise than by such Court where the Prisoner is bound to appear. And if any Person whatsoever shall knowingly and contrary to this Act, commit or imprison, or cause to be committed or imprisoned for the same Offence, or pretended Offence, any Person or Persons delivered or bailed as by this Act is directed, Forfeiture of 500 l. for imprisoning a Person twice. he shall forfeit to the Party grieved, Five Hundred Pounds Sterling, to be recovered in manner as aforesaid. Clause V And be it Enacted by the Authority aforesaid, That if any Provost Marshal or Officer, Neglect of Return how punished. or under-Officer, or Deputy, or other Person whatsoever, Keeper or underkeeper of such Goal or Place where such Prisoner is, or where such Writ of Habeas Corpus is left, or to whom it is directed, shall neglect, refuse or delay to make Return of the said Writ, or to bring the Body or Bodies of such Prisoners, according to the Command of the said Writ, and within the time therein prefixed, or shall refuse within Six Hours after Demand made by such Prisoner, or by any other Person in his or her behalf, to deliver unto him or her a true Copy under his Hand, of the Warrant or Warrants of Commitment and Detainer; he the said Provost Marshal or Officer, or other Person whatsoever, in whose Custody such Prisoner is, shall forfeit to the Party grieved Five Hundred Pounds Sterling, to be recovered in manner as aforesaid. And whereas there can be nothing more commendable and necessary than a speedy bringing to Justice Criminal Offenders, and acquitting of Innocent Persons imprisoned upon suspicion of Crimes, which cannot be done, unless there be a more frequent calling and holding of Courts of General Sessions, or Oyer and Terminer, and General Goal delivery than hath of late been practised in this Island, to the great grief and oppression of His Majesty's Subjects, who have some times lain several Years in Prison, before they have been brought to their Trials. For Remedy of which great Evil for the future, Clause VI Be it Enacted by the Authority aforesaid, That from and after Publication of this Act, General Sessions to be held Twice per Annum. there shall be held Yearly within this Island, Two Courts of General Sessions, or Courts of Oyer and Terminer, and general Goal Delivery, one whereof to begin, and be held at and upon the Second Tuesday in every Month of December, and to continued the rest of that Week if need be; and another upon the Second Tuesday in every Month of June, and to continued the rest of that Week if need be in every Year, the Charge whereof to be bourn out of the Public Treasury of this Island, not exceeding One Hundred Pounds Sterling each of the said Sessions, any Law, Custom or Usage to the contrary notwithstanding. Clause VII And be it Enacted by the Authority aforesaid, That if any of His Majesty's Subjects within this Island, Treason and Felony to be tried the next General Sessions after the Offence committed, otherwise to be set at liberty. shall be hereafter committed to Prison for Treason or Felony, so as by this Act he cannot have his Writ of Habeas Corpus, and shall not be indicted and tried for the same at the next General Sessions or Court of Oyer and Terminer, and General Goal Delivery held (or which by this Law ought to be held) next after such his Commitment, or upon his Trial shall be acquitted: Than and in such case it shall and may be lawful for the chief Baron or any One of the chief Judges aforesaid; (Any thing in this Law seeming to the contrary notwithstanding.) And he is hereby required upon application made unto him by the Prisoner, or any other Person in his behalf, to set at Liberty the Prisoner on Bail, as in and by this Act he is directed and appointed, in case such Warrant or Warrants of Commitment had not been for Treason or Felony Plainly and Specially expressed. And if such Baron or Judge to whom such application is made, shall refuse or delay to do his Duty herein, he shall forfeit to the Party grieved, Five Hundred Pounds Sterling, to be recovered in manner as aforesaid. And the Provost Marshal or any other Person who shall have the Custody of such Prisoner, is hereby required (any thing in Law seeming to the contrary notwithstanding) to act, do and perform in all respects, as in and by this Act he is directed and appointed, in case such Warrant or Warrants of Commitment had not been for Treason or Felony, plainly and specially expressed. And if such Provost Marshal or other Person shall refuse, neglect or delay to do his Duty herein, he shall forfeit to the Party grieved Five Hundred Pounds Sterling, to be recovered as aforesaid. And the Baron or Judge that shall grant the Writ of Habeas Corpus, is hereby required to Commit him to the Common Goal, there to remain for Six Months without Bail or Mainprize. Provided always, and be it Enacted by the Authority aforesaid, Proviso. That nothing in this Act shall extend to discharge out of Prison for Debt, or for any Decree or Order of His Majesty's Court of Chancery, or any legal and judicial Proceed of any of His Majesty's Courts of Record within this Island; and that no Person or Persons shall be sued, impleaded, molested or troubled for any Offence against this Act, unless the Party offending be impleaded or sued for the same within Three Years after the Offence be committed, in case the Party grieved shall not be than imprisoned; and if he shall be in Prison, than within Three Years after the decease of the Person imprisoned, or his or their delivery out of Prison which shall first hap. Clause VIII And be it further Enacted by the Authority aforesaid, That the Baron or Judge who shall grant such Writ of Habeas Corpus, may have, Baron or Judges Fees. take or receive for himself or his Clerks Fees from the Party who shall demand the same, Two Shillings and Six Pence, and for the Recognizance the like Sum of Two Shillings and Six Pence and no more; and the Provost Marshal may have, take and receive for his Fees as followeth: For every Commitment, Five Shillings; for every Bond the Prisoner is to Sign, One Shilling and Three Pence; for every Copy of a Mittimus, One Shilling and Three Pence and no more; Miles he bringeth back the Prisoner, One Shilling and Three Pence and no more. Clause IX And be it also Enacted by the Authority aforesaid, That if any Information, General issue to be pleaded. Suit or Action shall be brought or exhibited against any Person or Persons for any Offence committed, or that shall be committed against the form of this Law, it shall be lawful for such Defendants to pled the general Issue that they are not guilty, or that they own nothing, or to give such special Matter in Evidence to the Jury that shall try the same; which Matter being pleaded, had been good and sufficient Matter in Law to discharge the said Defendant or Defendants against the said Information, Suit or Action; and the said Matter shall than be as available to him or them, to all Intents and Purposes, as if he or they had sufficiently pleaded, set forth or alleged the same Matter in Bar, or discharge of such Information, Suit or Action. Read and passed the Precedent and Council, the 3d Day of November, 1697. Read and passed the Assembly, Nemine contradicente, the 2d Day of November, 1697. George Pain, Deputy Secretary. William Rawlin, Clerk of the Assembly. Nᵒ 439. a ACT impowering the Freeholders of the Parish of St. Peter's All-Saints, to meet and choose a Vestry of Freeholders in the said Parish, etc. Obsolete. Nᵒ 440. a ACT impowering the Freeholders of the Parish of St. Lucy, to meet and choose a Vestry of Freeholders in the said Parish, etc. Obsolete. Nᵒ 441. An ACT to declare and ascertain the Rights and Powers of the General Assembly of this Island. Preamble. WHereas there have been some Doubts arisen of late, whether the General Assembly of Barbados have any Coercive Power to call before them such Persons as shall be able to give Evidence in Matters relating to Grievances upon His Majesty's good Subjects of this Island, or to sand for Persons, Papers and Records, in order to the better Discovery and Redressing such Grievances, and for the better enquiry into the Breach of His Majesty's good and wholesome Laws of this Island, without which, they could by no means attain to such good Ends for which it shall please His Majesty to call them, which would very much tend to His Majesty's Dishonour and Disservice, and very much to the Detriment of His Majesty's Subjects of this His Island of Barbados, who are very far distant from His Most Sacred Person, and thereby want many of the happy Circumstances of His Subjects in England, who live more immediately under the Influences of his good and happy Government. To the Intent therefore to put an end to all these Doubts which have been principally moved by such Offenders, who would thereby avoid the just Punishment due to their Crimes, and the better to quiet the Minds of His Majesty's good and faithful Subjects of this Island, and that the General Assembly may better answer the good and wholesome Ends for which it shall please His Majesty from time to time to call them. Clause I Be it Enacted and Declared by His Excellency, Ralph Grey, Esq. Captain General and chief Governor of this and other the Charibbee-Islands, Assembly to sand for Persons that are able to give Evidence in Aggrievances, and to sand for Papers, etc. the Honourable the Council and General Assembly of this Island, and by the Authority of the same, That the General Assembly of this Island, have, and for the future shall have full Power and Authority to call before them all such Persons as shall be able to give Evidence in Matters relating to Grievances upon His Majesty's Subjects of this Island, and to sand for such Persons, Papers and Records, in order to the better Discovery of, and redressing such Grievances; and for the better enquiring into the breach of His Majesty's good and wholesome Laws of this Island, and to punish their Contempt in case of Disobedience, and also to punish any Affronts or Misbehaviours offered against the General Assembly of this Island, after the manner and method of the House of Commons in England. Read and passed the Council, and consented to by his Excellency, without any Amendment, the 9th Day of August, 1698. Read and passed the Assembly, Nemine contradicente, this 9th Day of August, 1698. William Hart, Deputy Secretary. William Rawlin, Clerk of the Assembly. Nᵒ 442. An ACT to settle Five Hundred Pounds per Annum on His Excellency for His Habitation. Preamble. WHereas it is necessary and expedient for the Inhabitants of this Island, to found and provide an Habitation for His Majesty's Governors of this Island; and by Reason of the decay and want of Repairs of Fountabel, the late Habitation of the Governor, and the Danger he will be exposed to in case of War, so that it is no ways fit for his Excellency's Reception: And his Excellency having declared his Pleasure, that he would provide, hire and make choice of some other House for himself, as may be most suitable to his own and the Country's Conveniency. May it therefore please his Excellency, that it may be Enacted, and be it therefore hereby Enacted by his Excellency the Honourable Ralph Grey Esquire, Captain General, and chief Governor of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That Five Hundred Pounds per Annum be duly paid out of the Public Treasury of this Island by Two equal Payments in each Year during his Government in this Island, to such Person or Persons as his said Excellency shall order or appoint, for the Rent of such Habitation as he shall think fit to hire; which said Sum of Five Hundred Pounds per Annum, shall be paid by the Public Treasurer of this Island for the time being, who is hereby fully impowered, required and authorised to pay the same, and which shall be allowed him in his Public Account for the said Island, and which Annual Sum of Five Hundred Pounds shall commence and begin from the Day of his Excellency's Arrival on this Island. Read and passed the Council, Nemine contradicente, and consented to by his Excellency, this 16th Day of August, 1698. Read and passed the Assembly, Nemine contradicente, the 9th Day of August, 1698. William Hart, Deputy Secretary. William Rawlin, Clerk of the Assembly. Nᵒ 443. An ACT for Two Thousand Pounds for his Excellency's Charges of his Voyage towards the better Support for the Government. Preamble. WHereas it hath been His Majesty's most gracious Pleasure through his abundant Care of the Inhabitants of this Island, to extend his unlimited and benign Favours to us (amongst the rest of his Repeated Blessings) to sand us a Person of such Eminent Dignity, Judicious Conduct, Knowledge and long Experience as well in Parliamentary Affairs, as all others, necessary and expedient for the Support of His Majesty's Gvernment, with due Regard to preservation of the Prerogative Right, as also the Justice, Liberty and Property of His Obedient and Loyal Subjects, all which have been so eminently demonstrated by his present Excellency the Honourable Ralph Grey, Esquire, that should we be deficient in a dutiful Acknowledgement, we could not but accounted ourselves not only remiss in our Duties, but highly ungrateful: And considering the great Expenses and Charges (which of necessity His Excellency must have been at in his Voyage to this Government, We therefore out of true and most sincere Respect to your Excellency, and a grateful Acknowledgement of your Signal Favours and Concessions, most humbly pray that it may be Enacted, And be it therefore Enacted by his Excellency the Honourable Ralph Grey, Esquire, Captain General, and Commander in chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by the Authority of the same, That the Sum of Two Thousand Pounds Current Money of this Island be paid by the Treasurer of this Island, out of the Duty arising out of the Excise on Wines and other Strong Liquors unto His Excellency the Honourable Ralph Grey, Esquire, his Executors or Administrators, which is humbly presented him as a Testimony of the Respects of the Inhabitants of this Island, for and towards his better Support in his Government over us; and we most humbly beseech His Majesty, that he will be graciously pleased to permit the said Sum to be paid accordingly by his Warrant or Royal Order, as to him shall seem meet. And the Treasurer is hereby required to keep in his Hands the said Sum of Money, until His said Majesty's Royal Assent shall be had to the Payment of the same, or his further Pleasure known. The 7th Septemb. 1698, Read Three Times, and passed the Council Nemine contradicente, and consented to by his Excellency. Read and passed the Assembly, Nemine contradicente, this 7th Day of September, 1698. George Pain, acting as Deputy Secretary pro hac Vice. William Rawlin, Clerk of the Assemb. An ACT concerning the General Sessions. WHereas it hath been taken into Consideration the multiplied Crimes and daily growing Evils that in all parts of this Island are committed, to the Provocation of the Wrath of God upon us, the Dishonour of His Majesty, and Contempt to His Government. And to the intent a speedy and due administration and execution of Justice on all Offenders, may at all times take of that Countenance and Encouragement which the delay of their just and deserved Punishments may seem to give to their sinful and wicked Practices both against God, their King and Laws. Clause I It is Ordained and Enacted by his Excellency Ralph Grey, Esquire, Once in Six Months successively to be held a Court of General Sessions. Captain General and Commander in chief of this and other the Carribee-Islands, the Honourable the Members of His Majesty's Council, and the General Assembly of this Island, and by the Authority of the same, That from and after Publication hereof, once in Six Months successively, viz. Upon the Second Tuesday in every Month of December, and upon the Second Tuesday in every Month of June successively, shall be held a General Sessions or Assize of the Peace or Goal Delivery, by the Governor or Commander in chief for the time being, the Honourable His Majesty's Council, the Judges and Justices of the Peace: But if the Governor or Commander in chief, and the Honourable the Members of the Council, by Reason of their other great and weighty Affairs shall not think fit to sit or give their continual Attendance at the said Sessions or General Goal Delivery: Clause TWO Be it therefore Enacted and Ordained by the Authority aforesaid, That the Governor or Commander in chief for the time being, Governor and Council to appoint Judges, if they cannot sit themselves. by and with the Advice, and Consent and Approbation of the Council, hath hereby full Power and Authority, to issue a Commission under his Hand and Seal, to authorise, empower, and appoint some able, discreet, and learned Person in the Law, to sit and Act as chief Judge, or Chairman, and to hold the said Sessions of the Peace, and to be assisted by all the Judges and Justices; by Virtue of which Commission, they and every one of them, are required personally to attend at such convenient Place for the Holding of the same, as the Governor or Commander in chief for the time being, by and with the Advice and Consent of the Council shall think fit and convenient. Clause III And for the more regular holding the said Sessions, the Governor or Commander in chief, A Writ to be directed to all the Inhabitants. by and with the Advice and Consent of the Council, shall give Notice to all and every the Inhabitants, by his Precept or Writ directed to some One Member of the Council residing in every Parish; but if it hap that no Counsellor devil therein, than to some one Justice of the Peace in every Parish, to be Published in the several Parish-Churches within this Island, Three several Sundays before the Holding of the same; which said Counsellor or Justice of the Peace, shall therein be required in His Majesty's Name, to Appoint, Nominate and Summon Six of the most able and substantial Freeholders of the said Parish, being such as are not of the Assembly, or immediatley in Commission as Field-Officers, at the time and place nominated and published when and where it is to be holden, to repair to the said Sessions, and there give their attendance to do such Services in His Majesty's behalf, as shall be than and there required of them, and thence not to departed till they be discharged by the said Court. And to the Intent His Majesty's Honour may be held in all due Reverence, his Peace the better preserved, the Matters of the Crown timely and duly fitted and dispatched, and the Laws receive an effectual Execution on all Delinquents. Clause IV It is Ordained and Enacted by the Authority aforesaid, That the several Justices of the Peace, Justices, Coroners, etc. to sand a List of Freeholders to the Clerk of the Crown. Coroners and other Officers before whom any Matters of Life and Death shall come, or Recognizances, Inquests, Depositions, Examinations or other Writings relating to the Sessions, be made or taken, that they shall sand the same, together with a List certified of the Six Freeholders by them appointed, to attend the said Sessions, to the Clerk of the Crown or his Deputy, at his Office in that behalf appointed, at lest Six Days before the said Sessions, under Penalty of Forfeiting Five Pounds Sterling to the Use of His Majesty, upon conviction by the Oath of the said Clerk of the Crown, before the Governor or Commander in chief for the time being, and the Offender herein to stand Committed by Warrant of the Governor or Commander in chief, till he pay the same unto the Teasurer for the time being, to defray the Public Charge of the Sessions: Provided the said Offender can show no just cause for his neglect. Clause V And be it further Enacted by the Authority aforesaid, That whosoever of His Majesty's Justices, Forfeiture for Non-appearance being summoned. Coroners and other Officers, or other Persons summoned as Jury Men, or which ought to give their Attendance at the said Sessions, shall fail in their attendance according to their several Duties, or neglect to appear being called, or departed from the said Sessions during the Sitting of the same, without Leave for his so doing, shall be Fined Five Pounds Sterling to the Use of His Majesty, for, and towards defraying the Public Charges of the Sessions, and stand committed till he pay the same, Proviso. Provided always, and it is hereby declared, that all Proceed, Judgements and Executions in Criminal Matters, commonly called Pleas of the Crown, shall be had according as by His Majesty's Laws and Statutes of the Kingdom of England, and of this Island, is ordained and appointed. In all which Matters before in this Act mentioned and contained, every Justice of the Peace shall have a free Vote, beginning from the last Justice named in the Commission of the Peace, and so onward to the First, and that according to the Custom and Usage of the Kingdom of England, the incident Charges of the Sessions, as to the Entertainment of the Court, and Jurors be bourn and satisfied out of the Fines, Forfeitures and Amerciaments, no one exceeding the Sum of Ten Pounds, and other Profits thereby accrueing, as far as they will extend, and also any Sum not exceeding Three Hundred Pounds Sterling for the holding the next immediate Sessions; and than afterwards, One Hundred Pounds Sterling for the holding every other Sessions, according as is appointed by an Act, Entitled, An Act for the better securing the Liberty of His Majesty's Subjects within this Island, and preventing long Imprisonments, bearing Date the Third Day of November, One Thousand, Six Hundred, Ninety and Seven. And to the end the said Fines, Forfeitures and Amerciaments may be duly levied and paid, Clause VI Be it Enacted and Ordained by the Authority aforesaid, That the Provost Marshal and Clerk of the Crown, Officers to give an Account of all Fines once a Year. and other Officers of the said Court, and of every Court, do once every Year, or oftener, if thereunto required, give an Account of all Fines, Forfeitures and Amerciaments, and other Profits which come to their Hands, or hap in their Courts, to the Governor or Commander in chief for the time being, a Copy whereof shall be transmitted by the said Officer or Officers to the Assembly than in being; and if no Assembly, than to him that was last Speaker of the Assembly, who is hereby required to deliver the same to the Speaker of the next Assembly, to the End that the Committee of Accounts may be enabled to charge the Treasurer for the same; and upon his accounting with them, they the said Committee have hereby given them full Power and Authority; and they are hereby required to discharge the Treasurer for the same. Clause VII Repeal of Two former Acts to this purpose. And be it further Enacted by the Authority aforesaid, That an Act Entitled, An Act concerning the General Sessions, being one of the Collected Laws; and an Act bearing Date the Sixth Day of November, One Thousand, Six Hundred, Eighty and Four, Entitled, An Act for holding a Court of Grand Sessions, Oyer and Terminer, general Goal Delivery, and Commission of the Peace in this Island; and all and every the Branches, Clauses, Penalties and Prouisoes in the said Acts, and each of them contained, are hereby declared to be Repealed, and shall be null and voided to all Intents and Purposes whatsoever, any thing in the said Acts, or either of them contained seeming to the contrary notwithstanding. Septemb. 7th, 1698, Read and passed the Council, Nemine contradicente, and consented to by his Excellency. Read and passed the Assembly, Nemine contradicente, the 9th Day of August, 1698. Read and passed with Amendments, Nemine contradicente, this 6th Day of September, 1698. George Pain, acting as Deputy Secretary, pro hac Vice. William Rawlin, Clerk of the Assemb. FINIS.