'/<DZ 
 
 CORNELL 
 
 UNIVERSITY 
 
 LIBRARY 
 
 BOUGHT WITH THE INCOME 
 OF THE SAGE ENDOWMENT 
 FUND GIVEN IN 189I BY 
 
 HENRY WILLIAMS SAGE 
 
Cornell University Library 
 KC 851862 
 
 Acts of the legislature of he Islands o 
 
 3 1924 024 832 358 
 
 QlnrnfU ICatu ^rljinnl Slibrary 
 
Cornell University 
 Library 
 
 The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/cletails/cu31924024832358 
 

 /-^ jfe- ^^^ ^^-^■ 
 
 j^^^.^^ ^jj^^^^j^^ 
 
ACTS 
 
 THE LEGISLATURE OF THE ISLANDS 
 
 BEEMUDA, 
 
 REMAINING IN FORCE AT THE END OF THE YEAR 1860. 
 
 COMPILED UNDER AUTH^TY OF THE LEGISLATURE, 
 
 BT 
 
 JOHN HARVEY DARRELL, Esquike, 
 
 OF Lincoln's inn, bakeistee-at-law, 
 CHIEF JUSTICE OF BEEMUDA. 
 
 P NEW YORK: 
 
 Sf BAKER & GODWIN, PRINTERS, 
 
 CD 
 
 W Fbintikq Hodse Squakx, opposite: Citt Hill. 
 
 1 8,6 2 . 
 
% 
 
 
 t\ -u'-^^rO%- 
 
PEEFACE. 
 
 The present compilation of tlie Laws of Bermuda lias 
 been prepared under the sanction of a joint Resolution of 
 the several Branches of the Legislature, passed in 1859, 
 which is printed in the Appendix, and of the Act No. 5, 
 of 1860, in furtherance of the same object. 
 
 The records of the Laws of the Colony commence in 
 1690-1691, about six years after the eviction of the Charter 
 of the Bermuda Company, and the consequent establish- 
 ment of the government of the Colony under a Grovemor 
 appointed by the Crown. But the manuscript books con- 
 taining these early laws have become very imperfect, from 
 the effects of dampness, gradual decay, and not having been 
 substantially bound. Several whole sheets are missing. Of 
 the rest, some are torn and displaced, and others partially 
 obliterated. No perfect series of the original Acts from 
 which these records were transcribed, for the period of time 
 anterior to the latter part of the eighteenth century, is 
 known to be in existence in the Colony. It has been sup- 
 posed that many of them were lost in the frequent removal 
 of public papers from one private house to another, before 
 any suitable place of deposit for such documents was pro- 
 vided by the Colony. 
 
iv PEEFACE. 
 
 The earliest printed collection of Bermuda Laws is one 
 in two tMn folio volumes, publislied by the King's Printer 
 at London, in 1719 and 1737, respectively. This collection 
 extends from 1690-91 to 1736, both years inclusive, and 
 copies of it have become very scarce. It has always been 
 treated as authentic, and as such, has been followed in the 
 present compilation, after comparison, as far as possible, 
 with the manuscript record. During thi» period, Acts of 
 the Legislature of Bermuda, passed between the first day 
 of January and the 25th day of March in any year, were 
 made to bear date as of both years, the legal as well as 
 the historical year. 
 
 In 1784, a printing press was established in Bermuda 
 for the first time. Shortly afterwards the Legislature author- 
 ised copies of most, but not all, of the Laws then considered 
 to be in force, to be printed at the public expense, on sepa- 
 rate sheets, and distributed through the Colony. Copies of 
 many of these Acts have been reprinted in separate sheets, 
 from time to time, as occasion required ; and the Acts passed 
 in each Session of the Legislature since then, with some few 
 exceptions, have been printed in a similar manner. By far 
 the greater part of the Laws passed since 1736, were of 
 limited duration, and have expired. Such of them as were 
 continued in operation, have been separately reprinted, occa- 
 sionally, as they became scarce. But since 1737, no collected 
 edition of the whole body of the Acts remaining in force 
 has been heretofore published; and from the numerous 
 amendments, repeals, and continuations of temporary laws, 
 contained in scattered sheets, it is not always easy to ascer- 
 tain at once the existing law on a variety of subjects. 
 
 The compilation now published comprises all the Laws 
 remaining in force down to the close of the year 1860. In 
 order to avoid prolixity, some of the Acts, which merely 
 
PREFACE. V 
 
 continue or repeal former Acts, are not printed at full length, 
 but only their titles and dates are given, with foot notes 
 referring to them where necessary. 
 
 A general Index is added, which, it is hoped, will facili- 
 tate reference to the enactments on any particular subject. 
 And as several of the Laws in force in 1860, have been 
 modified by Acts passed in 1861, while these sheets were 
 being prepared for the press, brief references have been 
 made in the Index to these subsequent enactments. 
 
 A list is given in the Appendix, of the titles of Acts 
 passed from 1690-91 to 1860, both years inclusive ; with a 
 column distinguishing such as have expired, or been re- 
 pealed or disallowed. This Catalogue, besides furnishing 
 a connected series of the subjects of legislation since the 
 Koyal Government was established in Bermuda, will be 
 found useful to persons having occasion to ascertain the 
 duration of temporary Laws, or to investigate matters for- 
 merly authorized by Acts no longer in force, or which are 
 adverted to in some of our existing laws. Much labour and 
 research have been bestowed in endeavouring to render the 
 list as complete as possible; and the compiler ventures to 
 hope that its accuracy may be safely relied upon for the last 
 seventy or eighty years ; but from the imperfect state of the 
 records before that period, it is to be apprehended that some 
 of the earlier temporary laws, which have ceased to be acted 
 upon, are not now to be found among the records, and may 
 have escaped his researches. 
 
 It having been found impracticable to have the book 
 printed in Bermuda in so satisfactory a manner as could 
 be wished, it has been ultimately concluded for it to be 
 printed abroad ; and the Compiler, being prevented by other 
 avocations from absenting himself from the Colony at pres- 
 ent, for a sufficient length of time to accomplish the work, 
 he has to express his grateful sense of obligation to Thomas 
 
vi PREFACE. 
 
 D. Hall, Esquire, of New York, who has kindly consented 
 to lend his valuable and gratuitous assistance in supervising 
 the sheets as they pass through the press. Should any 
 clerical or typographical errors escape observation in the 
 course of the printing, they will be noticed in a separate 
 list of Errata. But some errors of orthography have been 
 met with in the original MSS. of the Acts, which the com- 
 piler has not felt himself at liberty to correct. 
 
 In conclusion, he cannot deny himself the gratification 
 of acknowledging the very prompt and liberal manner in 
 which the Executive and Legislative Bodies of the Colony 
 have responded to his suggestion in relation to this matter, 
 and enabled him, as he trusts, in some degree to remedy 
 what has hitherto been felt to be a very serious inconven- 
 ience in the administration of justice, and in the performance 
 of many public duties. 
 
 JOHN HARVEY DARRELL. 
 
 Bermuda, November, 1861. 
 
ACTS. 
 
BERMUDA ACTS OF ASSEMBLY. 
 
 AN ACT for vacating the indefinite Acts made at the last Sessions 
 
 of Assembly. 
 
 [Passed 1690-1691.] 
 
 FORASMUCH as several Acts, as well indefinite as temporary, Preamble, 
 were made and enacted at the last General Assembly holden for these 
 Islands by the then Governor, Council and Assembly of the same, but 
 none of them are now extant upon Kecord, neither are any authentic 
 Copies of the same remaining in these Islands, nor are their Majesties' 
 Council here privy to the transmission of any of them to England, ac- 
 cording to His late Majesty's Instructions, given to Sir Robeet EoBm- 
 soN, the late Governor of these Islands (it being more than three years 
 since, and no advice thereof),— to the intent, therefore, that no incon- 
 venience, difference, or dispute may at any time hereafter arise, hap- 
 pen, or accrue unto any of their Majesties' subjects in these Islands, 
 by or by occasion of the said indefinite Acts, or any of them, or any- 
 thing therein contained : 
 
 I. Be it enacted, declared and ordained, by the Governor, Council, ah the in- 
 and Assembly of these Islands, at this present assembled together, S"'° ■^°" 
 and it is hereby enacted and ordained by the authority of the same, 
 — That all and every the indefinite Acts heretofore made or enacted by ed 
 or at the last General Assembly holden for these Islands as above 
 said, and every article, clause, or any thing in them, or any of them, 
 contained, now are and be, and so from henceforth and forever shall 
 remain, continue, and be, and shall be construed, deemed and taken 
 to be null and void, and of none effect, to all Constructions, intents 
 and purposes whatsoever, as if the same, or any of them, had never 
 been naade or enacted. 
 
 AN ACT for the strict oiservatdon of the Lord's Day, commonly 
 
 called Sunday. 
 
 [Passed 1690-1691.] 
 
 last Assem- 
 bly, repeal- 
 
 "WHEEEAS there is nothing more acceptable to Almighty God Preambi. 
 than the true and sincere worshipping of him, according to his sacred 
 Will, and that the holy Keeping of the Lord's Day is a principal part 
 of the worship of God, which, in many places of these Islands, hath 
 been and now is too much prophaned and neglected, by the disorder 
 and lewdness of some sort of people, by their exercising and frequent 
 1 
 
BERMUDA ACTS. 
 
 1690-91. 
 
 Penalty on 
 persons us- 
 ing sports, 
 &c., on Sun- 
 day. 
 
 Penalty on 
 persons not 
 repairing to 
 Church, &c., 
 on Sunday. 
 
 Proviso — ex- 
 cept in cer- 
 tain cases. 
 
 ing several unlawful sports, pastimes, and worldly affairs on that day, 
 as fishing, unnecessary sailing in boats. Gaming, idle wandering from 
 house to house, and several servile works and employments, to the 
 great dishonour of God, and reproach of Religion ; 
 
 I. Be it therefore enacted by the Governor, Council, and Assem- 
 bly, and hereby it is enacted and ordained by the authority of the 
 same, That if any person or persons inhabiting or residing in these 
 Islands shall, from and after the publication hereof, use or exercise 
 on the said Day any sports, pastimes, sailing in Boats, fishing, or other 
 employments as aforesaid, or any of them, in any part or parts, place. 
 Tribe, or Parish of these Islands, that he, she, or they so offending, 
 shall forfeit and pay for every such offence unto the Church-warden 
 or Overseer of the Tribe or Parish wherein the same offence shall be 
 committed, for the use of the Poor of the same Tribe or Parish, the 
 sum of five shillings current money, the same offenders to be convict- 
 ed upon view of the Justices of the same Tribe or Parish, or confes- 
 sion of the said party, or by proof of any one or more Witness or 
 "Witnesses on oath, which the said Justice is hereby authorized to ad- 
 minister ; and on refusal of payment of the forfeitures aforesaid, the- 
 said Church-wardens or Overseers shall and may, by warrant of such 
 justice as aforesaid, under his hand and seal, levy the said forfeiture 
 by Distress and sale of the offender's Goods, rendering the party the 
 overplus ; and in default of such distress, or in case of the insufficiency 
 of the offender, that then such offender shall be set publickly in the 
 stocks, there to remain for the space of two hours, or be publicly 
 whipt, at the discretion of the Justice. 
 
 n. Be it also enacted by the authority aforesaid, that all and 
 every person and persons shall, every Lord's Day, with their children 
 and servants, repair to his and their Parish Church, or such other 
 place, where the word-of-God is preached or read, under the penalty 
 of one shilling for every such offence or neglect, to be employed to 
 the use of the Poor, as aforesaid : And upon refusal of the same 
 penalty to be levied and paid by Distress as aforesaid, the party being 
 also convicted on Yiew, Confession, or proof as before expressed ; And 
 in default of such Distress found, the offender to sit in the stocks for 
 the space of one hour, at the next public meeting or Church Assem- 
 bly. 
 
 Provided always nevertheless, that this Act, or any thing herein 
 contained, shall not extend to such persons Avho stay at home out of 
 Conscience, and keep good order in their families ; nor to such as are 
 incapable, sick, or infirm ; nor to such as stay at home for dressing of 
 meat in families, or dressing and selling of meat in licensed Victual- 
 ling Houses. 
 
 Process not H^- Providcd also, and be it further enacted, that no person or 
 on sundr*"^ persons on the Lord's Day, shall serve or execute, or cause to be served 
 eSceptin^' or cxccuted, any "Writ, Process, Warrant, Order, Judgment or Decree 
 iSo°n, &c. (except in cases of felony, treason, or breach of the Peace) ; but that 
 the same services shall be void, and the person serving be liable to 
 answer Damages for his so doing, as if the same had been done with- 
 out such Writ or Process. 
 
1690-91. BERMUDA ACTS. 3 
 
 IV. Provided also further, and be it enacted, that no person or Li^t^a time 
 persons be impeached, prejudiced, or molested for any offence com- J?' p">8M"- 
 initted against this Act, unless he or they be pr8secuted within one 
 month next after the said offence committed ; any thing herein con- 
 tained to the contrary thereof in any-wise notwithstanding. 
 
 AN ACT against Swearing and Cursing. 
 
 [Passed 1690-1691.] 
 
 FOEASMUCH as all prophane swearing and cursing is highly dis- preamble, 
 pleasing to Almighty God, and by him strictly forbidden ; but yet the 
 same is become almost habitual amongst some of the inhabitants of 
 these Islands ; 
 
 I. For prevention thereof. Be it enacted by the Governor, Coun- penalty on 
 cil, and Assembly, and it is hereby enacted by the authority of the l^e^Slg or 
 same, that if any person or persons, from and after the publication cursing. 
 hereof, shall at any time or times hereafter prophanely swear or curse, 
 in any manner whatsoever, that then he, she, or they, so offending 
 therein, either in the hearing of any Justice of the Peace, by his own 
 confession, or by the testimony of one or more credible witness or 
 witnesses, on his or their oaths, shall forfeit and pay twelve-pence to 
 the use of the poor of the Tribe or Parish, where such offence shall 
 be committed : And upon refusal the same to be levied by Distress 
 and Sale of the offender's Goods and Chattels, by virtue of the Jus- 
 tices Warrant : And for want of such Distress found, the offender (if 
 above the age of twelve years) by warrant from the Justice, to sit in 
 the stocks three hours. If under twelve years old, the same offender 
 to be whipt. 
 
 [Confirmed in 1704.] 
 
 AN ACT against Gaming. 
 
 [Passed 1690-1691.] 
 
 Whereas many mischiefs and inconveniences have arisen and preamble. 
 been daily found, in the using and frequenting of playing at Cards, 
 Dice, and other unlawful and invented Gaming, to the maintenance and 
 encouraging of sundry idle, loose, and disorderly persons in their dis- 
 honest, lewd and dissolute course of life, and to the vitiating, circum- 
 venting, and debauching of many of the youngey sort, and others ; as 
 also to the utter ruin and beggaring of themselves and families ; all 
 which have been much and chiefly supported and exercised in the 
 houses of such persons who keep common Drinking-Houses, and com- 
 monly retail strong Liquors : 
 
 I. Be it therefore enacted by the Governor, Council, and Assem- retauersof 
 bly, and it is hereby enacted by authority of the same : that if any per- mlMnl ""^ 
 son or persons so retailing liquors as above said, shall or do, at any ^eS'hoises. 
 
4 BERMUDA ACTS. 1690-91. 
 
 time or times from and after the publication hereof, permit or suffer 
 any Card-playing, Dice, or any other unlawful, new invented Games, 
 to be used in his %r their House or Houses, at any time or season 
 whatsoever, by any person or persons whatsoever, that then, and in 
 every such case or cases, the Master or Owner, or possessor of the 
 same House or Houses, being convicted of the offence aforesaid, by 
 the view of any Justice of the Peace, Confession of the party, or the 
 testimony of one or more credible witness or witnesses on oath, before 
 the Justice of the Peace of the Tribe or Parish where such offence 
 shall be committed, shall forfeit and pay for every such offence the 
 sum of Forty shillings Current money of these Islands : one third part 
 thereof to be paid to the Informer ; and the remainder to be im ployed 
 to the use of the Poor of the Tribe or Parish where such shall be com- 
 mitted : And upon refusal of payment thereof, the Justice of the same 
 Tribe or Parish shall issue out his Warrant to levy the said penalty, 
 by distress and Sale of the offender's Goods and Chattels, the same 
 Goods to be appraised and put to sale — three Days after such Dis- 
 tress ; rendring the overplus unto the offender, after charges on this 
 behalf occasioned be paid and discharged. 
 
 AN ACT for preventing Mischief iy Dogs. 
 
 [Passed 1690-1691.] 
 
 Preamble. WHEKEAS in suudry parts of these Islands, several persons have 
 
 received wounds and hurt by fierce and mischievous Dogs ; and the 
 same Dogs have also been very destructive to sheep and fowl : yet the 
 owners of such Dogs do not take any care of them, though several 
 complaints in that behalf have been made : For prevention thereof 
 for future time, 
 
 Penalty on I- ^^ it cnactcd by the Governor, Council, and Assembly, 
 
 the owner^of and it is hereby enacted by authority of the same : that if the 
 
 ing mischief, owucr Or owucrs of any Dog or Dogs, which at any time here- 
 
 the d'og^^or toforc havc douc or at any time hereafter shall do any mischief 
 
 de?^f" jus"-"^" OJ* damage, to any person or persons, his, her, or their sheep, fowl 
 
 tice. or other thing, upon complaint or information of such damage 
 
 to the same owner or owners of such dog or dogs, shall not take 
 
 sufficient care to kill the same dogs, or otherwise, as the Justice 
 
 of the Tribe where such damage shall be done shall order and direct, 
 
 that then he or they shall forfeit and pay the sum of twenty shillings 
 
 current money, to go and to be to their Majesties, Their Heirs and 
 
 Successors, for the Public use of these Islands, towards the support of 
 
 this Government : and that upon refusal of paying the said penalty, 
 
 the said Justice shall and may issue out his Warrant to levy the same 
 
 by distress and Sale of the offender's Goods and Chattels, returning 
 
 the overplus — the which forfeiture or penalty shall be paid unto the 
 
 Justice aforesaid, and by him unto the Receiver of the Public Eev- 
 
 enue of their Majesties in these Islands, for the time being. And in 
 
 case no Distress shall be found, the said person or persons so refusing 
 
 to pay the forfeiture as aforesaid shall, be whipt, at the discretion of 
 
 the same Justice. 
 
1690-91. BERMUDA ACTS. 
 
 AN ACT to prevent pa/rish cha/rges iy poor persons removing from 
 
 one trihe to cmot/ier. r 
 
 [Passed 1690-1691.] 
 
 I. Be it enacted by the Governor, Council and Assembly, and Poorpeiaons 
 hereby it is enacted by the authority of the same : that if any person froT^JSI 
 or persons in these Islands, being poor and likely to be chargeable to ^^^^j, ^^j*°j 
 any Tribe or Parish, shall clandestinely, or otherwise, remove out of be legaiiy 
 one Parish or Tribe, from and after the publication hereof, into any 42 days.™ ' 
 other ; — that such person or persons shall not be deemed to be legally 
 settled, until they have continued, without the disturbance of the 
 officers, the space of forty-two days in such Tribe or Parish. 
 
 II. Be it further enacted by the authority aforesaid, — that if any persons 
 person of ability shall bring into any Tribe or Parish any poor per- SrfSgfng^in 
 sons, or others as aforesaid, that in such case the said able person shall v°^ p«''^j 
 allow him or them so brought in, sufficient land to manure for their low them 
 maintenance ; or else shall put in sufficient security to the Church- ^nd°'or give 
 wardens or Overseers of the Poor for the discharge and indemnity of ^^<="*y- 
 the Tribe or Parish wherein such poor shall be brought : and that 
 
 upon refusal of giving such security as above-said, it shall and may 
 be lawful for the said Church-wardens or Overseers, by warrant of 
 one Justice of the Peace, to remove such poor persons, brought in as ^^y'^be're'-^ 
 aforesaid, to the place of his or their last habitation. moved. 
 
 [Suspended by temporary Act of 1834, No. 11.] 
 
 AN ACT directing what Warning is to he given to a Tenant at will. 
 
 [Passed 1690-1691.] 
 
 I. Be it enacted by the Governor, Council and Assembly, and it Tenants at 
 is hereby enacted by the authority of the same : that from and after ^["'^"a ^^ 
 publication hereof, all and every person and persons holding Lands year's wam- 
 and Tenements in these Islands, as Tenants at Will (except the Ten- tenth°S no'^- 
 ants on the public Lands) shall be allowed by his or their Landlord yeSy!^' 
 one full year's warning, to commence from the tenth day of Novem- 
 ber yearly, for his or their departure and leaving such lands and tene- 
 ments : and that warning shall be given on or before such tenth day 
 
 of November. 
 
 II. And be it further enacted, by the authority aforesaid : that The tenant 
 the tenant shall be allowed till the tenth day of March next after his iow*d tiii 
 departure and leaving his lands and tenements, to take off his provi- JJl/^^'next 
 sions by him planted on the said lands, before the time of his said after leaving 
 
 -I , "^ J i j?i the land, to 
 
 departure, and not alter. take oi his 
 
 provisions. 
 [See Acts of 30 March, 1782 ; 1838, No. 10 ; 1846, No. 1.] 
 
BERMUDA ACTS. 
 
 1690-91. 
 
 AN ACT to prevent deslmicUons of Bounda/ries. 
 
 [Passed 1690-1691.] 
 
 Damages 
 and penalty 
 to be paid 
 by any per- 
 son remov- 
 ing any 
 Boundary, 
 or land- 
 mark with- 
 out consent 
 of the own- 
 er. 
 
 I. Be it enacted by the Governor, Conncil and Assembly, and 
 hereby it is enacted and ordained by authority of the same : that if 
 any person or persons shall cut down any mark'd trees, or remove any 
 Boundary or Mark, without consent of both parties, that are owners 
 of the Land on each side, that such person or persons shall pay such 
 Damage as shall be adjudged by two indifferent men, appointed and 
 sworn by the Justice of the Tribe or Parish^ where such offence shall 
 be committed : and such person so offending shall also pay ten shil- 
 lings, for the use of the Poor of the same Tribe or Parish, or the value 
 thereof in Tobacco at price Current : and in case the party or parties 
 so offending shall refuse to pay as aforesaid, being thereof lawfully 
 convicted, that then the Justice of that Tribe or Parish shall issue out 
 his Warrant to levy the same by Distress and Sale of the offender's 
 Goods and Chattels, rendring the overplus : and in want of Distress 
 to be found, the said offender and offenders shall be punished at the 
 discretion of the Justice aforesaid. 
 
 AN ACT to prement the desl/ruction of Button-wood. 
 
 [Passed 1690-1691,] 
 
 Penalty on 
 
 persons 
 
 breaking or 
 
 destroying 
 
 Button-wood 
 
 trees. 
 
 Penalty for 
 doing so on 
 the public 
 Lands. 
 
 I. Be it enacted by the Governor, Council and Assembly, and 
 hereby it is enacted and ordained by the authority of the same : that 
 if any person or persons, at any time or times from and after the pub- 
 lication hereof, shall or do enter upon any person's land, or upon the 
 Pocks within the bounds thereof, without leave from the owner or 
 occupier of the same, and shall there break any Button-wood boughs, 
 cut the trees, take off the bark, grub up any by the roots, or use any 
 other ways for the decay or destruction of the same tree or bark, that 
 then every such person so offending, being thereof convicted by the 
 testimony of one or more witness or witnesses upon oath, before any 
 Justice of the Peace, or by Confession of the party, shall forfeit and 
 pay for every such offence, the sum of Twenty Shillings, or the value 
 thereof in good Tobacco of the growth of these Islands, at price Cur- 
 rent : the same to be levied by Distress, in case of refusal, by the Jus- 
 tice's Warrant : one third part whereof shall be paid to the party 
 grieved, one other third part to their Majesties for defraying public 
 Charges, and the other third part to the Informer. 
 
 n. Be it fm-ther enacted by the authority, aforesaid : that the 
 tenant or tenants on publick lands, or others, breaking or destroying 
 Button-wood or Bark as aforesaid, growing on the publick Lands, 
 shall forfeit and pay for every such offence the like sum of Twenty 
 Shillings, or the value in Tobacco as aforesaid : two thirds thereof to 
 be to Their Majesties for the use aforesaid ; and the other third to the 
 Informer ; the same penalty (on refusal) to be levied as aforesaid. 
 
1690-91. BERMUDA ACTS. 7 
 
 AN ACT agcdnst the removing arid taking away Boats from thei/r 
 
 mooring ;plac6. 
 
 [Passed 1690-1691.] 
 
 I. Be it enacted by the Governor, Council and Assembly, and ^™'"*y °° 
 hereby it is enacted by authority of the same : that if any person or removing a 
 persons shall or do, at any time or times from and after the publica- hCTmoorkig- 
 tion hereof, take away or remove any Boat or Boats from her mooring- ?Ift°consent 
 place, without consent of the owner or owners thereof, except in case of the o™- 
 of necessity, that he or they so offending, shall forfeit and pay, unto 
 
 the owner five shillings in money, or the value thereof in Tobacco, at 
 price Current, and shall also make full satisfaction for all Damages 
 that the owner shall sustain by his boat being taken away as afore- 
 said. 
 
 II. And be it further enacted, by the authority aforesaid : that if or taking 
 any person or persons shall take out of any Boat the Oars, Kudder, Baafthr 
 Scoop, or any other furniture belonging to her, such person shall for- "^^^^ *"=• 
 feit unto the owner the like sum of Five Shillings, or the value as 
 aforesaid : And in case of refusal to pay the aforesaid forfeitures, it 
 
 shall be lawful for the Justice of the Peace, of the Tribe or Parish 
 where such offence shall be committed, to grant out his Warrant to 
 levy the same, by Distress and' Sale of the parties Goods and Chattels 
 so refusing (rendring the overplus). 
 
 III. And be it further enacted : that if any Servant or Slave punishment 
 shall commit any of the offences aforesaid, he being not capable to and silvef 
 make satisfaction, shall be punished at the discretion of the Justice of forsiciiof- 
 such Tribe or Parish wherein such Crime shall be committed, and the 
 master or owner of such servant or slave shall forfeit and pay Two 
 shillings and sixpence, or the value thereof as aforesaid to the party 
 grieved. 
 
 AN ACT for yowng men to pay Parish Duties. 
 
 [Passed 1690-1691.] 
 
 "WHEREAS several young men of and inhabiting these Islands of preamble, 
 a sufficient ability to pay parochial duties and taxes, yet by reason of 
 their living with or under their parents, or under the charge of other 
 persons, have totally refused to pay any of the Duties, Charges and 
 Taxes aforesaid : for the better regulation thereof for the future : 
 
 I. Be it enacted by the Governor, Council and Assembly, and Young men 
 hereby it is enacted and ordained by authority of the same, — that all age of 21 
 young men as aforesaid, being above the age of twenty one years, with'toeJ"^ 
 who live or shall hereafter live or dwell under their parents or others JJ5;'|°'\°'' 
 as aforesaid, shall from and after the publication hereof pay and sat- pay p'aiish 
 isfie all their Parish Duties and Taxes, as householders do, when the 
 same shall be lawfully demanded : and in case of refusal of payment 
 
BERMUDA ACT'S 
 
 1690-91. 
 
 of the same, it shall and may be lawful for the Justice of the Peace 
 of such respective Tribe or Parish wherein such offender shall inhabit 
 or dwell, to issue forth his Warrant to the Constable of the same 
 Tribe or Parish, to levy the same by Distress and Sale of the offend- 
 er's Goods (rendring the overplus). And for want of such Distress 
 found, the said Justice may Commit such offender, or offenders, to 
 Gaol, there to remain until he or they shall have fully paid and satis- 
 fied the said Duties with the Costs by his occasion sustained. 
 
 AN ACT J'or maintaining the PubUck Bridges. 
 
 [Passed 1690-1691.] 
 
 AUttae 
 bridges of 
 the Islands 
 to be forth- 
 with re- 
 paired. 
 
 Two fit per- 
 sons of Ham- 
 ilton Tribe 
 to be ap- 
 pointed by 
 the Govern- 
 or and Coun- 
 cil to keep 
 in repair the 
 bridges from 
 Hamilton 
 Tribe to the 
 Perry : and 
 two of 
 Smith's 
 Tribe for 
 the Flat's 
 Bridge ; and 
 two of San- 
 dy's Tribe 
 for Somerset 
 Bridge. 
 
 Those per- 
 sons to em- 
 ploy work- 
 men, &c., to 
 be paid out 
 of the public 
 revenue. 
 
 I. Be it enacted by the Governor, Council and Assembly, and 
 hereby it is enacted and ordained by the authority of the same : that 
 all and every the Bridges, of or belonging to these Islands, be forth- 
 with after publication hereof well and sufficiently repaired and 
 amended : And that for the better repairing and managing of the 
 same : 
 
 II. Be it enacted by the authority aforesaid : that two proper 
 and fit persons be appointed by the Governor, and Council, for the 
 time being, to amend and keep in repair the Stone Bridges leading 
 from Hamilton Tribe to the Ferry-passage in St. George's Parish, the 
 same persons to be chosen out of Hamilton Tribe ; and that for the 
 amendment and keeping in good repair the Bridge at the Flat's, two 
 sufficient men out of Smith's Tribe be appointed as aforesaid, for 
 that purpose : and likewise that for amendment of Somerset Bridge, 
 and the keeping the same in repair, two sufficient men out of Sandy's 
 or Somerset Tribe be appointed for the executing that service. 
 
 III. Be it also further enacted : that all and every the persons so 
 to be appointed as aforesaid, shall and may imploy workmen and la- 
 bourers for the performing and doing the work and service above- 
 mentioned and intended by this present Act. The workmen shall be 
 paid the monies and wages, for which they shall agree, out of the 
 Public Eevenue of these Islands, by the Governor's Order, by and 
 with the advice and consent of the Council. 
 
 AN ACT for settling Intestates' Estates. 
 
 [Passed 1690-1691.] 
 
 FOE prevention of any differences or disputes which shall or may 
 happin or arise in these Islands about Intestates' Estates : 
 
 Stestatf I- Be it enacted by the Governor, Council and Assembly, and 
 
 brrp'ose''d \ereby it is enacted and ordained by authority of the same : that all 
 
 of anddis- the Goods, Chattels and Estates of all and every person or persons of 
 
 iOT^ngto"" or in these Islands, dying intestate from and after the publication 
 
1690-1.] BERMUDA ACTS. 9 
 
 Iiereof, shall be from time to time disposed of, ordered, and distribu- stat^^^ii- 
 ted by and amongst sucb person and persons, and in such manner and ^g'^"*^!,* 
 form, and according to such Eules and limitations, as in and by the " *'"' 
 Act of Parliament made in the Two-and-twentieth an Three-and- 
 twentieth years of the reign of King Charles the Second, Chapter the 
 Tenth, intituled " An Act for the better settling Intestate Estates," is 
 directed, limited, and appointed. 
 
 AN ACT abmit PleacUng. 
 
 [Passed 1690-1691.] 
 
 WHEEEAS many have undertaken the office of Pleaders, of Causes P"i">'i'i«- 
 at Law, and presumed to be sworn to the performance thereof, who 
 have been evidently proved to be men unskilful, and unqualified for 
 that imployment and trust ; whereby the interest and depending causes 
 of several persons have been frustrated and disappointed ; as also by 
 means of dependence on the skill and fidelity of those who have so 
 pretended and undertaken, the said disappointments have been caused, 
 when as by the parties themselves concerned, their cause might have 
 been more clearly and fully opened, and managed : 
 
 I. Be it further enacted, by the Governor, Council and Assem- ^f|°^t'»4 
 bly, and hereby it is enacted and ordained by the authority of the fa the 
 same : that no person or persons whatsoever in these Islands shall be have ubeny 
 constrained or compelled to fee any Pleader or Pleaders for carrying ^f^JJ'^ 
 on his cause or matter in any court of judicature whatsoever in these JJ*™^^*,^- 
 Islands, but shall have, enjoy, and be admitted in all such Courts, to ana engage 
 have liberty either to plead for themselves, or to imploy and engage «'"'^f"«'"''- 
 such friend or friends to their assistance or aid, in such the aforesaid 
 case, as to their respective discretion shall seem most meet, conve- 
 nient and conducible to their respective and several causes, interests 
 and Concernments ; any Law, Usage, Use or Custom to the contrary, 
 in anywise, notwithstanding. 
 
 AN ACT appointing the number of the Assembly, and the registrrim,g 
 
 the Acts. 
 
 [Passed 1690-1691.] 
 
 I. Be it enacted by the Governor, Council, and Assembly, and it m every 
 
 is hereby enacted by the authority of the same : that in every General semwy, four 
 Assembly hereafter to be held and called in these Islands, there be J^P";*t™b'e' 
 chosen four Representatives, for each of the respective Tribes in these chosen^for^ 
 Islands, and four for the Town and Parish of St. George's. Tribes. 
 
 II. Be it also further enacted by the aforesaid authority : that a register of 
 there be a Register kept in every tribe of these Islands, and also in b'i\1pun° 
 the Parish of St. George's, of all the Acts at large of the present As- every Tribe. 
 
 2 
 
10 BERMUDA ACTS. [1693. 
 
 sembly, and also of all future Assemblies : the same Eegister or Book 
 of Acts to remain in tlie custody of the Justice of the Peace for the 
 time being, of the respective Tribes and Parish aforesaid, to be made 
 use of as occasion shall or may require. 
 
 AN ACT for settling a yecurly Revenvs v/pon the Ministers of these 
 
 Islcmds. 
 
 [Passed 1693.] 
 
 Preamble. FOE.ASMUCH as it is a general duty incumbent on all men, to 
 
 manifest an humble and pious submission to all those Ordinances, In- 
 stitutions, and sacred Worship, which by Divine authority and Com- 
 mand are enjoy ned ; and that with a particular and special reference to 
 publick, sacred Solemnities, as that which administers 
 and the better Establishment to the more private and retired exercises 
 of piety : Now to the intent, Eeligion (the firmest basis, and founda- 
 tion, of human society) may be encouraged, and to the end honest 
 endeavours may be used, for the better suppression of impiety and 
 vice : 
 
 oJTnraS'" I- S® it enacted by the Grovernor, Council and Assembly, and 
 
 George'f to ^^'"^^7 ^^ ^^ Buactcd and ordained by the authority of the same, — ^That 
 
 be allowed the Minister or Incumbent of the Parish of St. George's for the time 
 
 out of thf' being, shall be paid and allowed the sum of Fifty pounds Current 
 
 st°oT° And money of these Islands yearly, (that is to say) the sum of Twenty-five 
 
 fatee'ib" pounds Current money out of the publick stock of these Islands ; the 
 
 the'paibh. remainder or other twenty-five pounds to be raised by the Parish of 
 
 ^ents^nhe St. Gcorge's aforesaid : Also the said Minister to have the rents, 
 
 S'that'pa? issues, and profits, or occupation of those two shares of Glebe-lands 
 
 ish. in the Parish of St. George's aforesaid. 
 
 And the 
 
 ministers 11. And that the Ministers pertaining to, or officiating in the 
 
 fo'or'^ffi? Coimtry part of the said Islands, if two, to have Fourty pounds like 
 
 The'eouiuy Current money yearly, paid and allowed a-piece to each of them ; to 
 
 parts, " if be raised out of the several and respective Tribes or Parishes that 
 
 hive £40 they serve ; and to have the rents, issues, profits or occupation of the 
 
 aSeS,to said Glebe lands, on an equal and indifferent division or sharing of 
 
 be raised the Same. 
 
 parishes But if in caso three Ministers be, and officiate in their functions 
 
 Ind'the''"' and imployments in the Country part of these Islands, then the Third 
 oJw^thlrt'' ^^ *^®™' shall have and be allowed the sum of Forty-pounds Current 
 tMrdtohave p^^^^J' J^arly raised by the Tribes or Parishes which he serves : and 
 £40ye°ariy7 in such casc, the foremen tioned Glebe-lands adjacent in the Country 
 the''p"a'hes *» be Subdivided into three equal parts or divisions ; the said Third 
 and X'" Minister to have and be allowed one third part of all Kents, Issues or 
 third part of Profits arising or accruing by the same, or the occupation of the said 
 rents. land to himseit. 
 
 toLTalTd ni. And be it enacted by the authority aforesaid. That the sev- 
 
 ment to eV- ^^^^ ™™® ^^ mouey mentioned to be raised, as before expressed, shall 
 
 ery parish, bc done by an Assessment in every respective Tribe or Parish, as 
 
 hereafter is declared, (that is to say)— If there be one Minister amongst 
 
1693.] BERMUDA ACTS. 11 
 
 the eight Tribes or Parishes, that then every Tribe or Parish to pay Every par- 
 Five-pounds per annum ; and if there be two Ministers among the || ^p^vll. 
 eight Tribes, then each Tribe to pay ten pounds per annum ; and if »™ " ""ef^ 
 the Country think Convenient to entertain three Ministers among the ister^lioif 
 eight Tribes, then each tribe to pay fifteen pounds per annum, all inhVee.**^'' 
 current money of these Islands : 
 
 And in case of refusal of payment by any person or persons so 
 assessed, that then the same shall be levied and distrained for, by 
 Warrant of the Justice of the Tribe or Parish where such oifender 
 shall dwell, by sale of the Goods of such offender, returning the over- 
 plus to the party, after that reasonable charges on that behalf occa- 
 sioned shall be paid and disch3,rged. 
 
 AN ACT io prevent false alarms. 
 
 [Passed 1693.] 
 
 WHEREAS sundry unadvised persons, at the times of Weddings, p^^^^ie. 
 or after publick exercises in the Fields, have shot off guns or muskets 
 in the night season, to the amusement of the people, and sui-prising 
 them with fears of the approach or invasion of an Enemy, or of an 
 alarm raised through such doubt : to the end such surprizals may be 
 prevented, and that the common use of such practices may not be- 
 come an occasion of carelessness to attend a certain alarm when , 
 raised : 
 
 I. Be it therefore enacted by the Governor, Council, and Assem- no person 
 bly ; and hereby it is enacted by the authority of the same, that no ^°^^^^°'^ 
 person or persons whatsoever presume in the night season (that is to &c., by ' 
 say) after the day is shut in, in the evening of that day, or in the ?^|t in^the 
 morning before the day breaks, in no way or case whatsoever (except ^?f^ °^°*" 
 in the real occasion of an alarm), shall or may presume, to shoot off »ia™- 
 any Gun, musquet, or any kind or sort of Instrument whatsoever, 
 whereby any report or sound thereof can or may be given, to the 
 
 evils and inconveniences before in this Act expressed, or intended to 
 be expressed. 
 
 II. And be it further enacted by the authority aforesaid, that the Penalty tor 
 transgressor in such case aforementioned, shall forfeit and pay the ^° ^°"'^- 
 sum of five pounds current money of these Islands, to the Publick 
 
 uses of the same, to be recovered (in case of the denial of payment) 
 by the Warrant of Distress of the Justice of such Tribe or parish 
 where the offender or offenders shall dwell or reside, and sale of his 
 or their goods in such manner as is usual, rendring the overplus : 
 And in case of the inability of such offender or offendei's to make 
 satisfaction for such offence as aforesaid, he or they shall sustain the 
 imprisonment of Six months, such to be committed to prison by War- 
 rant of the Justice aforesaid. 
 
12 BERMUDAACTS. [1693-1704. 
 
 AN ACT for prevenUng the desPruotion of yoimg Ceda/rs. 
 
 [Passed 1693.] 
 
 Preamble. FOR preserving young Cedars growing on the publick lands : 
 
 Penalty on I. Be it enacted by the Governor, Council, and Assembly, and here- 
 fuu^r'Sna " by it is enacted by the authority of the same, That if any person or per- 
 deJtroJtag sons in these Islands shall wilfully and carelessly destroy young 
 daSrfn*the Oedars growing on those lands where they may necessarily be pre- 
 pubuo lands, served, and complaint being made to any Justice of the Peace where 
 such waste and destruction is committed, and the offender being 
 thereof convicted by his own confession, or the testimony of one or 
 more witnesses, the offender shall pay for every tree or young Cedar 
 so destroyed, treble the value thereof, to be adjudged by the Justice, 
 or whom he shall appoint : one third part of the penalty to be to the 
 informer, and the other two third parts shall go towards the' defray- 
 ing the publick charges of these Islands : And if in case it be a serv- 
 ant or slave that shall offend herein, the Master or Owner shall incur 
 the penalty aforesaid : And in case of refusal to pay the same, it shall 
 be lawful for the Justice, by his "Warrant, to levy the same by Dis- 
 tress on the Goods of such Master or owner, and the slave to be 
 whipped, according to the discretion of the Justice. 
 
 AN ACT to prevent Attornies suing without giving Security to make 
 good, Costs cmd Da/mages. 
 
 [Passed 1704.] 
 
 Preamble. WHEREAS scveral great inconveniences have and do daily arise 
 
 in these Islands on several the principal Inhabitants and others there- 
 of, by their being arrested and otherwise molested and troubled with 
 law-suits, by such persons as have been, are now, and may hereafter 
 be appointed Attornies for other persons ; and which hath and doth 
 occasion great charges in taking Copies of Records, and otherwise, in 
 order to defend themselves : and for the prevention thereof for the 
 future. 
 
 Persons 
 commencing 
 
 I- We, Your Majesty's most dutiful and loyal Subjects, the As- 
 
 otF^V*' ^^'^^■'■y ^^ ^^'&e. Your Majesty's Bermuda or Summer Islands in 
 
 Sineysf America, do most humbly beseech Your Majesty that it may be 
 
 ^wBonr^e"'' euacted by Your Majesty's Lieutenant Governor, Council and Assem- 
 
 ?o'^ntol\'o ^V' ^^^ ^* ^^ hereby enacted and ordained by the authority of the 
 
 recogni- Same ; that from and after the tenth day of May now next ensuing 
 
 Se drfrnd*^ which will be in the year of our Lord one-thousand-seven-hundred- 
 
 tSd daml and-five, if any person or persons, inhabitants or others, shall enter 
 
 ««^- any Action, file any Bill in Chancery, or any other ways whatsoever 
 
 commence, or cause to be commenced, any suit or suits, either in 
 
 ^ Common Law or Equity, against any person or persons residing here ; 
 
 he or they Commencing the same only as Attornies ; he or they shall, 
 
 by virtue of this Act, enter into Recognizance in the Court where the 
 
1704.] BEEMUDAACTS. 13 
 
 said Cause is to be tryed, in treble the sum or value of which the said 
 Attorney or Attornies sueth for, on Condition to pay the Defendant 
 all his just Costs and damages which the said Court shall find cause 
 to tax against such Attorney or Attornies ; provided the Judgment, 
 sentence, or Decree of such court shall be given against him or them. 
 And if such Attorney or Attornies refuse to give such security as 
 aforesaid, then such Attorney or Attornies shall not be suffered to 
 proceed any further in their said Cause, but their suit shall abate. 
 
 AN ACT for the speedy payment of Bills of Cost, at Common Law 
 a/nd Courts of Cha/ncery in these Isla/nds. 
 
 [Passed 1Y04.] 
 
 FOEASMUCH as it is the Common practice of most persons con- 
 cerned, whether Plaintiffs or Defendants, not being satisfied wilih P"*'^'''*- 
 Yerdicts and Judgments upon Trials at the Common Law, do gen- 
 erally appeal from thence unto the Court of Chancery in these Islands ; 
 and for the most part do procure Injunctions to prevent the payment 
 of Costs, and stop all process until a hearing of the matter in the 
 Court of Chancery aforesaid ; so that the parties Defendants, are by 
 virtue of Bills and Answers, Rejoynders and other dilatory proceed- 
 ings, long kept out of their just and due charges and expenses : 
 
 I. For prevention whereof for the future: We, Your Majesty's no person 
 most dutiful and loyal Subjects, the Assembly of these Your Majesty's ^^^enlliof'^ 
 Bermuda or Summer Islands in America, do most humbly beseech JP'^*'^^ 
 Your Majesty that it may be enacted, and be it enacted by Your Maj- /ud^ent 
 esty's Lieutenant Governor, Council and Assembly, and it is hereby "he cJmmo''n 
 enacted and ordained by the authority of the same : that from and ^6^^" p'^i^ 
 after publication hereof, that no person or persons whatsoever in these " secured 
 Islands, whether Plaintiffs or Defendants, (not being content and sat- anVchargei 
 isfied with Yerdicts and Judgments upon Tryal at the Common Law) *^''*''' 
 shall have the benefit, or advantage of appealing from thence unto 
 
 any other Court whatsoever, until the person or persons Appellants 
 have fully satisfied and paid, (or secured to be satisfied and paid) the ^tiate^^ 
 Costs of Courts, and all other incident Charges as shall be taxed : p^cee'c^gj 
 Neither shall Injunctions from any superior Court have any coercive li^^H°^^ 
 power or authority to restrain the legal proceedings and executions of except the 
 Common Law ; except Bills of Costs be first fully paid as aforesaid, paid! 
 
 II. And be it likewise enacted by the authority aforesaid : that no person to 
 no person or persons whatsoever shall have the benefit or advantage henewof 
 of appealing from the Honourable Court of Chancery in these Islands ^^P^^jj^s 
 unto Her Most Sacred Majesty in Council, until the Costs of that co°Stof 
 Court, with all other incident charges, be taxed and fully satisfied, as ^ol^l^^' 
 before expressed : and then, and from thence forth it shall and may be ^i^e'^^jg""' 
 lawful to and for the Judge or Judges of the Courts of Common Law, <''lf°<==^ •" 
 and the Honourable the Chancellor of these Islands for the time being, ^* '^ ^ • 
 immediately to grant appeals from their respective Courts, in manner 
 
 and form, and with such benefits, priviledges and advantages as hath 
 
14 
 
 BERMUDA ACTS 
 
 [1707. 
 
 been heretofore allowed : any usage, custom, paragraph, clause, sen- 
 tence, or expression in any other Act whatsoever contained, to the 
 contrary in any wise notwithstanding. 
 
 AN ACT for Quieting Estates and preventmg Law-Suits. 
 
 [Passed ITOT.] 
 
 Preamble. 
 
 Persons, or 
 their heirs 
 having qui- 
 etly held 
 lands for 
 twenty 
 years with- 
 out any 
 claim, the 
 lands 80 
 held to be 
 accounted a 
 good and 
 sufficient ti- 
 tle to them 
 and their 
 heirs: and 
 persons not 
 claiming 
 within that 
 time, barred. 
 
 Proviso in 
 favour of re- 
 versioners. 
 
 Proviso, as 
 to persons 
 under disa- 
 bilities. 
 
 WHEREAS sundry Suits and Controversies have been and_ daily 
 do arise about claims and titles to Lands, to the great impoverishing 
 of divers persons in these Islands, whose interest lies chiefly in the 
 lands by them here purchased. For remedy whereof, and for the 
 better establishing the Inhabitants in their right and possession, "We 
 therefore, Tour Majesty's most dutiful and loyal subjects, the Assem- 
 'bly of these Tour Majesty's Bermuda or Summer Islands in America, 
 do most humbly beseech Tour Majesty that it may be enacted, and 
 be it enacted by Tour Majesty's Lieutenant Governor, Council, and 
 Assembly, and it is hereby enacted and ordained by the authority of 
 the same : 
 
 I. That if any person or persons, their heirs, or assigns, sever- 
 ally or successively, have quietly held, enjoyed, and possessed any 
 lands, tenements, or hereditaments in these Islands, for and during 
 the term of twenty years, accounting from the time of his or their 
 first entry thereon, without any Claim, Rent, Service or Acknowledg- 
 ment for the same demanded or paid, that then the said lands, tene- 
 ments or hereditaments so quietly held or to be held, enjoyed and 
 possessed, shall be accounted, held and adjudged a good and sufficient 
 Eight and Title to them and their heirs forever : And that all and 
 every person and persons not claiming and prosecuting the same 
 effectually in some proper Court of Records in these Islands, within 
 the time before limited, shall be utterly excluded, disabled and barred 
 from all claim. Eight, Title or Interest ; any Law, statute or ordi- 
 nance to the contraiy notwithstanding : K"evertheless the true intent 
 and meaning hereof is that nothing herein contained shall for the 
 future extend, or be construed to hinder any person or persons who 
 have or shall have any claim or title in Reversion or Remainder to 
 any lands, tenements or hereditaments within these Islands : but that 
 all such persons may claim, or bring his or their suit or action, and 
 prosecute the same, at any time within twenty years from the cause 
 of Action or title accrued ; and for want of such claim and prosecu- 
 tion to effect in these Islands, to be utterly disabled and barred for- 
 ever. 
 
 II. And it is hereby further enacted by the authority aforesaid : 
 that nothing contained in this Act shall extend to any Feme-Covert, 
 Non Compos MenUs, Infant, Persons imprisoned, or otherwise hin- 
 dred beyond the seas : but that any such person or persons, notwith- 
 standing the said twenty years are expired, may claim, or bring his 
 or their suit or action ; any thing contained herein to the contrary 
 notwithstanding : Provided that every such person or persons shall or 
 
Suspending 
 
 1707-17.] BEEMUDAACTS. 15 
 
 do put in his or their suit or claim and prosecute the same effectually 
 in some Court of Kecords within these Islands, within the term and 
 space of seven years, next ensuing their Disco vertn re, coming to sound 
 mind, or of full age, being at liberty, and returning into these Islands, 
 otherwise to be forever excluded. 
 
 Provided this Act do not commence until Her Majesty's Pleasure 
 be known for repealing the Act (intituled An Act for quieting Estates, cuus" 
 and preventing Law-Suits) made in the time of the Government of 
 Isaac Richier, Esqr., late Governor of these Islands. 
 
 [The Act of 1691. Disallowed 28 February, 1108.] 
 
 \ 
 AN ACT for settling a Current Value upon foreign Gold in these 
 
 Islands. 
 
 [Passed ITtf?.] 
 
 WHEEEAS there hath been no Current Value as yet set upon Gold, 
 which many times causeth disputes and differences in passing the P"*™'''*- 
 same : and for prevention whereof for the future. We therefore. Your 
 Majesty's most dutiful and loyal subjects, the Assembly of these Your 
 Majesty's Bermuda or Summer Islands in America, do most humbly 
 beseech Your Majesty that it may be enacted, and be it enacted, by 
 Your Majesty's Lieutenant Governor, Council, and Assembly, and it 
 is hereby enacted and ordained, by the authority of the same : 
 
 I. That from and after publication hereof, all Pistoles of Gold, Pistoies, half 
 weighing Four peny weight and six Grains, shall pass current in these quiief an"" 
 Islands at Twenty-four shillings ; and half Pistoles and Chicquins of ^^""s'tJ'paes 
 Gold, weighing Two peny weight and three grains, at Twelve shillings ; current at 
 and all Double Pistoles, weighing Eight peny-weight and twelve Grains, me/vaK 
 at Forty-eight shillings each ; and for every Grain the said several Pis- 
 toles, Double Pistoles, Halves, and Chicquins shall weigh more or 
 less than is afore expressed, shall be allowed Three pence : And that 
 this act be and remain in full force for and during the continuance of 
 Her Majesty's Proclamation for settling and ascertaining the Current 
 Eates of Foreign Coin in Her Majesty's Colonies and Plantations in 
 America, and no longer. 
 
 [See Queen Ann's Proclamation of 18 June, 1*704 ; republished in the 
 Bermuda Gazette, 26 May, 1841. 
 
 AN ADDITIONAL CLAUSE to an act intituled, An Act for the 
 hetter observation of the Lord's DoAf, commonly called Sunday. 
 
 [Pased ITIT.] 
 
 "WHEEEAS it is expressed in the above-mentioned Act, that if any 
 person or persons inhabiting or residing in these Islands shall (from '""""We. 
 and after the publication hereof) use or exercise on the said Day any 
 Sports, Pastimes, Sailing in Boats, Fishing, or other Employments as 
 aforesaid, in any part or parts, place, tribe, or parish of these Islands, 
 
16 
 
 BERMUDA ACTS, 
 
 [1723. 
 
 Penalty on 
 free persons 
 unnecessar- 
 ily sailing in 
 vessels, Ac, 
 on Sunday. 
 
 Penalty on 
 Slaves. 
 
 that he, She, or they so offending shall forfeit and pay for every such 
 offence to the Church-wardens or Overseers of the Tribe or Parish 
 wherein the same offence shall be committed, for the use of the Poor 
 of the same Tribe or Parish, the sum of Five shillings Current mon^y, 
 to be recovered as in the said Act is mentioned ; but no provision 
 seems to be made in the said Act for Discouragement and punishment 
 of Negroes and other Slaves, who are frequency guilty of the Breach 
 of the said Act, by carrying bundles and packs, &c., out of one Parish 
 into another, and unnecessarily sailing in Boats on the Sabbath Day : 
 
 I. For prevention thereof for the future. We, Your Majesty's 
 most dutiful and loyal Subjects, the Assembly of these Your Majesty's 
 Bermuda or Summer Islands in America, do most humbly beseech 
 Your Majesty that it may be enacted by Your Majesty's Lieut. Gov- 
 ernor, Council, and Assembly, and hereby it is enacted and ordained 
 by the authority of the same, that when and as often as any "White or 
 Free person in these Islands shall be guilty of unnecessary sailing in 
 any Vessel, or breach of the said Act, and shall be convicted thereof, 
 such person or persons so offending shall forfeit and pay (instead of 
 five shillings therein mentioned) the sum of Twenty Shillings, to be 
 recovered, and to be to the use, as in the said Act is mentioned and 
 expressed. 
 
 And for every Negro or other Slave offending as aforesaid, that 
 shall be convicted by confession of the party, or the testimony of one 
 white person, shall be publickly whipt at the discretion of the Justice 
 of the Tribe or Parish where such Negro or Slave shall dwell or reside ; 
 except it be made appear that the owner or possessor of such Negro 
 or Slave so offending shall send or employ such Slave or Slaves, and 
 then the said owner or Possessor, being convicted thereof, shall forfeit 
 and pay for every such offence the sum of Twenty Shillings, to be to 
 the use and to be recovered as aforesaid, except the Master or Owner 
 of such Slave or Slaves can shew just cause for so employing as afore- 
 
 Penalty on 
 Justices con. 
 cealing, &c., 
 offenders. 
 
 n. And be it further enacted by the authority aforesaid, that in 
 case any Justice of the Peace in these Islands shall at any time here- 
 after conceal, connive at, or neglect to punish the offences committed 
 against this Act, according to the tenour thereof, that then he or they, 
 being thereof convicted by one or more credible Witness or Witnesses 
 on oath, or confession of the party, shall, for every such neglect, for- 
 feit and pay the sum of three pounds, current money, to be to the 
 aforesaid use, and to be recovered as in the before-mentioned Act is 
 mentioned and expressed. 
 
 AN ACT agwmst Basta/rdy. 
 
 [PaBsed 1723.] 
 
 Preamble. 
 
 WHEEEAS there has been heretofore great defect in the Laws of 
 these Islands to restrain the prevailing and heinous sin of Bastardy 
 too much practised in the same : for prevention whereof for the future' 
 
1723.] BERMUDA ACTS. It 
 
 We, Your Majesty's most dutiful and loyal subjects, the Assembly of 
 these Your Majesty's Bermuda or Summer Islands in America, do 
 most humbly beseech Your Majesty that it may be enacted, and be it 
 enacted by Your Majesty's Lieutenant Governor, Council, and As- 
 sembly, and it is hereby enacted and ordained by the authority of the 
 same : 
 
 I. That if any Bastardy shall at any time or times after publica- 
 tion hereof be committed in these Islands, that then, and in such case, Mother of 
 the mother of such Bastard child or children shall declare and dis- ^^^fl^^^ ^^_ 
 cover xipon oath, who is the father of every such child or children ciareVho is 
 before two of His Majesty's Justices of the reace, one whereof shall or^o^iv/' 
 be of the Quorum, and both residing within or next to the Tribe or "'""anor 
 Parish where such child or children shall be born and likely to be »"<=•» ''^^■ 
 chargeable to the same : and in case the mother of such child or chil- 
 dren shall and doth refuse to declare and discover the putative father 
 as aforesaid, that then and in such case, the said Justices of the Peace 
 shall and may order the mother of such child or children to give good 
 and sufficient security to the Church-wardens or Overseers of the 
 Poor of the said Tribe or Parish, to provide for such Bastard Child or 
 Children all such necessaries as shall be sufficient, proper, and con- 
 venient for the support and maintenance of such child or children, so 
 long as the same shall be chargeable to the said Tribe or Parish, or 
 likely so to be : and likewise, to indemnify, save, and keep harmless 
 the said Tribe or Parish of and from all Costs, Damages, Charges and 
 Troubles whatsoever, for or by reason of the birth, maintenance, or 
 bringing up of the said child or children ; and of and from all suits, 
 charges, troubles and demands whatsoever, touching, or concerning And if she 
 the same : But if she refuses to comply with or submit to such order, "/Tor^if 
 in all or any part thereof; or if it shall happen that the mother of thechud 
 such child or children shall not be able, or in a capacity to maintain cha?J;abie 
 such child or children ; but that the same shall become chargeable to jsh'tL^'jus- 
 the said Tribe or Parish, or likely so to be, that then,. and in such "'=^1?*^ 
 case, the said Justices of the Peace shall and may have power and to gaoi, or 
 authority to commit her to the Common Gaol of these Islands, or to be*4hippVd° 
 inflict corporal punishment upon such offender, by ordering her to be 
 whipt at their discretion. 
 
 , But if the mother of such Bastard child or children shall declare 
 and discover, as aforesaid, who is the father of such child or children, mother de- 
 that then and in such case the said Justices of the Peace shall and l^J^J^°^'' 
 may order the said putative father to pay, or cause to be paid, unto the justices 
 the Church-wardens or Overseers of the Poor of the said Parish or h^^Jp^y 
 Tribe any reasonable sum of money, in gross or weekly, for the pro- {f^^^^f^^f' 
 vision, support, and maintenance of the said child or children, so long thechua, 
 
 " as such Bastard or Bastards shall be chargeable to the said Parish or serari"/'" 
 Tribe, or likely so to be : And the said Justices of tlie Peace shall 
 and may likewise order the putative father of such child or children 
 to give good and sufficient security to the Church-wardens or over- 
 seers of the Poor of such Parish or Tribe, well and truly to perform 
 the said order, and to indemnify, acquit, discharge, save and keep 
 harmless the said Parish or Tribe, of and from all Costs, Damages, 
 Charges, and Troubles whatsoever, for or by reason of the Birth, 
 Maintenance, or bringing up of such child or children, and of and 
 3 
 
18 
 
 BERMUDA ACTS 
 
 [1732. 
 
 Any white 
 woman hav- 
 ing a child 
 by a slavej 
 maybe 
 whipped. 
 
 It the Justi- 
 ces cannot 
 agree in 
 making an 
 order, they 
 may bind 
 over the 
 parties to 
 the Quarter 
 Sessions. 
 Or the par- 
 ties may ap- 
 peal there- 
 to, and the 
 Sessions 
 shall deter- 
 mine the 
 case. 
 
 from all suits, charges, Troubles and Demands whatsoever, touching 
 or concerning the same. 
 
 But if the putative father shall or doth, refuse or neglect to com- 
 ply with, and submit to such order, in all or any part thereof ; or if it 
 shall happen that such putative father is not able or in capacity to 
 maintain such child or children, but that the same shall become 
 chargeable to the said Parish or Tribe, or likely so to be ; that then, 
 and in such case, the said Justices of the Peace shall and may have 
 power and authority to Commit him to the Common Gaol of these 
 Islands, or to inflict corporal punishment upon such offender, by 
 ordering him to be whipt at their discretioB. 
 
 II. And it is hereby further enacted and ordained by the author- 
 ity aforesaid, that if any white woman shall have a child by any 
 Negroe or other slave, that then and in such case the said Justices of 
 the Peace shall and may order and cause such white woman to be 
 publickly whipt at their discretion ; and shall and may order and 
 cause such negroe or other slave to be publickly whipt at their discre- 
 tion, under the Gallows by the Common Hangman. 
 
 III. And lastly, it is hereby further enacted and ordained by the 
 authority aforesaid, that if the said Justices of the Peace cannot agree 
 in making of any order in relation to Bastardy, that then they may, 
 by Kecognizance, bind over the mother, or putative father of such 
 child or children to appear at the next General Quarter . Sessions of 
 the Peace ; or, if the mother or putative father of such child or chil- 
 dren, shall think or conceive that the said Justices' order is unreason- 
 able or injurious to them, or either of them, that then and in such 
 case, they or either of them shall and may appeal to the next Gen- 
 eral Quarter Sessions of the Peace ; and the Justices of such court 
 shall and may have full power and authority to hear, examine, and 
 determine all matters and things concerning the same, according to 
 the Laws of Great Britain, but not otherwise ; any thing in this or any 
 other Act of Assembly heretofore made, passed, and published in 
 these Islands, contained, to the contrary thereof, in anywise notwith- 
 standing. 
 
 AN Additional clause to the Act about Swearing a/nd Cursing. 
 
 [Passed 1732.] 
 
 WHEEEAS in the said Act it is enacted, that if any person or 
 persons shall at any time or times hereafter prophanely swear or 
 curse in any manner whatsoever, that then he, she, or they so offend- 
 ing therein, either in the hearing of any Justice of the Peace, by his 
 own Confession, or by the testimony of one or more credible Witness 
 or "Witnesses, on his or their oaths, shall forfeit and pay twelve pence 
 to the use of the Poor of the Tribe or Parish where such offence shall 
 be committed ; which words (at any time or times) hath by many 
 been misconstrued, and deemed by sundry persons, that should they 
 
1738-9.] BERMUDA ACTS. 19 
 
 prophanely either swear or curse divers times immediately one after 
 the other, they are liable to pay no more than one shilling for the 
 said sundry oaths : The better to explain the same, and that no mis- 
 construction or dispute may hereafter arise, 
 
 • 
 I. "We, your Majesty's most dutiful and loyal subjects, the As- 
 sembly of these Your Majesty's Bermuda or Summer Islands in Amer- 
 ica, .do most humbly beseech your Majesty that it may be enacted, 
 and be it enacted by Your Majesty's Lieutenant Governor, Council 
 and Assembly, and it is hereby enacted and ordained by authority Penalty on 
 of the same. That from and after the publication hereof, all and every ^^airro''*' 
 person or persons that shall at any time or times prophanely curse *an«iy curse 
 or swear, or ntter any prophane speech, as in the said original Act °' ''^^^^' 
 is expressed, shall, for each and every such oath, curse, or prophane 
 speech, by any such person uttered or expressed, forfeit and pay the 
 sum of one shilling, as in the said Act is mentioned ; and that they be 
 liable to the pains and penalties in the said Act, any thing herein 
 contained to the contrary notwithstanding. 
 
 AN ACT for the better regulating Jv/rors to serve in the several 
 Courts to le held for these Islands. 
 
 [Yth March, 1738-9.] 
 
 WHEREAS, it is enacted in and by one Act of Assembly made preamwe. 
 in these Islands, entitled ' an Act for establishing and' regulating the 
 Courts of Judicature,' that the several Justices of the Peace of the 
 respective Tribes or Parishes in these Islands, by virtue of the Gov- 
 ernour's "Warrant or precept, or the "Warrant or precept of some Per- 
 son or persons whom he shall commissionate and impower, shall con- 
 vene and call together the inhabitants of his respective Tribe or 
 parish at some convenient place of the same, and there chuse Jurors 
 qualHfyed by plurality of "Voices or Votes ; and whereas, after the 
 Parishioners have been convened together by virtue of a Warrant or 
 precept, as aforesaid, it hath been the usual practise and method for 
 the Justices of the Peace to nominate and put to Vote such persons 
 as the said Justices have thought proper to be chosen for Jurors ; and 
 whereas it hath been also the usual practise for the Provost Marshall 
 Generall, or his Deputy, to impanel (out of the Jurors chosen as 
 aforesaid) such persons as the said Provost Marshall or his Deputy, 
 have thought proper to serve on the Grand and Petty Jurys ; which 
 method and practise of chusing and impanelling Jurors we conceive 
 may be of dangerous consequence to some of His Majesty's Subjects 
 in these Islands ; therefore, in order to prevent the same, We, &c., 
 
 I. And be it enacted, &c., that from and after the commencement 
 of this Act, the Justices of the Peace of each respective Tribe or par- kelp Regfs- 
 ish in these Islands, shall cause a Book or Eegister to be kept, wherein Jjy°nP,f' 
 shall be entered and written the names of all the parishioners of his J"^^^'* »^ 
 respective Tribe or parish quallifyed to serve as Jurors ; which shall [se^issi] 
 be Men of reputed integrity, and whose Estates respectively shall not 
 
20 
 
 BERMUDA ACTS, 
 
 [1738-9. 
 
 Proviso. 
 Exemptions. 
 
 Justices to 
 convene 
 parishioDei-s 
 and ballot 
 for Jurors. 
 
 [See note A.] be worth Icss than Forty Pounds Sterling ; Always provided that the 
 several members of His Majesty's Council in these Islands, (for the 
 time being,) the Members of the Assembly, (for the time bemg^ the 
 Judge or Judges of the Court of Admiralty, and the Barons of the 
 Court of Exchequer, (for the time being,) the Secretary, the Provost 
 Marshall, and his or their Deputy or Deputys, (for the time being,) 
 the severall Justices of the Peace, (for the time being,) the Collector 
 of His Majesty's Customs, and the Naval Officer, (for the time being,) 
 the severall practitioners of Physick and Chirurgery, (for the time 
 being,) and the Attorneys, Clerks, and other Officers of the Courts 
 aforesaid, (for the time being,) are not lyable to have their names 
 entered or written in the Book or Eegister aforesaid. 
 
 n. And be it enacted, &c., that when, and as often as, the said 
 Justices shall receive a "Writ or precept from the Chief Justice or the 
 Assistant Justices of the Court of King's Bench and Common Pleas in 
 these Islands, for the time being, (who are hereby fully authorized 
 and impowered to grant the same, when, and as often as occasions 
 shall require,) to return Jurors to serve the said Courts of King's 
 Bench and Common Pleas, the said Justices of the Peace shall con- 
 vene and call together the Parishioners of their respective Tribes or 
 parishes at some convenient place in the same, and there shall cause 
 the names of each and every of the parishioners whose names are or 
 shall be entered or written in the said Book or Eegister, and which 
 shall then be residing in and upon these Islands, and capable to at- 
 tend the service of the said Courts, (except the persons who served as 
 Jurors at the then last Court of King's Bench and Common Pleas,) to 
 be written at le"ngth, with his addition, in severall and distinct pieces 
 of paper, being as near as may be of an equall size and bigness, and 
 shall cause the same to be rolled up in one and the same manner, as 
 near as may be, and put into a Box or Glass to be provided and kept 
 for that purpose, and the names of the persons so put into the Box or 
 Glass shall be shaken and mixt together, and then some person, by 
 direction and appointment of the Justice of the Peace, of such Tribe 
 or parish, shall, in the presence of the said parishioners, draw out six 
 of the said papers one after another, and the persons whose names 
 shall be drawn shall be the Jurors to serve for their respective Tribes 
 or parishes, at the then next Court of King's Bench and Common 
 Pleas to be held for these Islands. 
 
 Andreturn HI- And bc it, &c., that the several and respective Justices of 
 into's°cre^° *^® Pcacc shall return the names of the persons drawn as aforesaid 
 tary's office, into the Secretary's Office in these Islands, full five days before sitting 
 of the said Courts, and the Secretary, or Deputy, shall write the names 
 of each and every [of the] persons returned as aforesaid, at length, with 
 his addition and place of his abode, in severall and distinct pieces of 
 paper, being all as near as may be of an equall size and bigness, which 
 shall be by the Secretary, or his Deputy, rolled up in one and the 
 same manner, as near as may be, and put into a Box or Glass, to be 
 provided for that purpose, and brought into court on the first day of 
 the sitting thereof; and then some Indifferent person, by direction 
 and appointment of the Court, shall in open court shake and mix the 
 said papers, and* draw out seventeen of the said papers one after 
 
1738-9.] BERMUDAACTS. 21 
 
 another ; and if any of the persons whose names shall be drawn shall 
 not appear, or be challenged and set aside, then a further Number 
 shall be drawn, until the Names of seventeen persons be drawn, who 
 shall appear and not be sett aside, which seventeen persons (their 
 names being marked in the pannell and sworn) shall be and serve at 
 the then Court of King's Bench as the Grand Inquest for the Body of 
 these Islands ; and the names of the persons so drawn and sworn querMTow 
 shall be kept apart by themselves during the continuance of the ^^''^^■ 
 Court, in some other Box or Glass to be provided and kept for that 
 purpose ; and when any cause shall be brought on to be tryed, either 
 between our Sovereign Lord the King and any of his Subjects, or be- 
 . tween Subject and Subject, which shall require a Jury, then some in- 
 different person, by direction of the Court, shall shake and mix the 
 papers remaining in the Box or Glass, and in open Court draw out 
 twelve of the said papers, one after another, and if any of the persons 
 whose names shall be drawn shall not appear, or be challenged and 
 set aside, then such a further Number untill the names of twelve per- 
 sons be drawn who shall appear, and, after all cause of challenge, 
 shall be allowed as fair and indifferent ; and the said Twelve Persons, ^**" ■^'^• 
 so first drawn and appearing and approved by the Court as indiffer- , 
 ent, being sworn, shall be the Jury to try the said cause ; and the 
 names of the persons so drawn and sworn shall be kept apart by 
 themselves, in some other Box or Glass to be provided and kept for 
 that purpose, till such Jury shall have given in their Verdict and the 
 same is recorded, or until such Jury shall by consent of the partys and 
 leave of the Court, be discharged ; and then the names shall be rolled 
 up again and returned to the former Box or Glass there to be kept 
 with the other names remaining for that time undrawn, and so Toties 
 Quoties as long as any cause remains then to be tryed ; Provided al- 
 ways, that if any cause shall be brought on to be tryed in either of f"^"™"- 
 the said Courts before the Jury in any other cause shall have brought 
 in their Verdict or be discharged, it shall and may be lawfuU for the 
 Court to order Twelve of the Residue of the said papers (not contain- 
 ing the names of any of the Jurors who shall not have so brought in 
 their Verdict or be discharged) to be drawn in such manner as is 
 aforesaid for the Tryal of the Cause which shall be so brought on to 
 be tryed. 
 
 Provided always, and nevertheless, when any cause is brought on 
 to be Tryed in either of the said Courts and the Plaintiff and Defend- mo«^fo?^^ 
 ant, or in their absence their Agents or Attorneys, shall move the '^'^^ 
 Court that one or more of the persons returned to serve as Jurors, 
 may be of and upon the Jury to try such cause without being drawn, 
 that then it shall and may be in the power of the Court to allow and 
 grant the same if they shall think fit. 
 
 IV. And be it, &c., that every Person whose name shall be 
 drawn as aforesaid and who shall not appear after being openly called ^o^f^^fgn"/. 
 three times, shall forfeit and pay for the use of our Sovereign Lord ance. 
 the King, his Heirs and Successors, for and towards defraying the 
 charge of this Government, for every default in not appearing iipon 
 call as aforesaid (unless some reasonable cause of his absence appear 
 to the satisfaction of the Court) such fine, not exceeding the sum of 
 
23 
 
 BERMUDA ACTS. 
 
 [1738-9. 
 
 JuTors for 
 Quarter, 
 Special and 
 other 
 
 Courts. 
 
 Penalty for 
 non-attend- 
 
 Five Pounds and not less than ten shillings, as the Court shall think 
 reasonable to inflict or assess for such default. 
 
 y. And be it, &c., that when and as often as, there shall be 
 occasion for Jurors to attend at any Court of Quarter Session, Spe- 
 cial, or other Qourt or Courts to be called and held for these Islands 
 from and after the commencement of this Act, the Jurors who were 
 returned out of the severall and respective Tribes or Parishes in these 
 Islands to serve at the Court of King's Bench and Common Pleas last 
 preceding such Court of Quarter Sessions, Special or other Court or 
 Courts (then being and residing in and upon these Islands) shall be 
 summoned to appear at and attend such Court or Courts, and each of . 
 the Jurors' names shall be written at length, with his addition and 
 place of abode, in several and distinct pieces of paper, and put 
 into a Box or Glass, and drawn, as occasion shall require, in the same 
 manner as before in this Act is prescribed ; and in case any of the 
 Jurors summoned to appear and attend at any Court of Quarter Ses- 
 sions, Special, or other Court or Courts as aforesaid, and shall not 
 appear and attend accordingly, that then every such Person so making 
 default, upon being called openly three times, shall forfeit and pay 
 for every default in not appearing upon call as aforesaid, (unless some 
 reasonable cause of his absence appear to the Satisfaction of the Court 
 before whom the cause is to be tryed,) such fine for the use of our 
 Sovereign Lord the King, his Heirs and Successors, for and towards 
 defraying the charges of this Government, not exceeding five pounds 
 nor under ten shillings, as the said Court shall think reasonable to 
 inflict or assess for such default. 
 
 VI. And be it, &c., that in Criminal or other causes where so 
 ^■^f/ many of the Jurors returned as aforesaid shall be absent or challenged 
 and sett aside that there will not be a sufficient Number to try the 
 cause then to be tryed, that then the Court or Courts where it shall so 
 happen may and shall grant a Tales de Circumstanti'b'us or otherwise 
 as the said Court or Courts shall think proper, and that no Person of 
 reputed integrity, being an Inhabitant of these Islands, and whose 
 Estate shall be worth Forty Pounds Sterling, shall be exempted from 
 serving as a Juror on such Tales (the severall Members of His Majes- 
 ty's Council, the Judge or Judges of the Court of Admiralty and the 
 Barons of the Court of Exchequer, for the time being, and the severall 
 Officers of the Court where such cause shall be tryed excepted,) and 
 if any Person, (except those before excepted,) being returned on a 
 Tales granted as aforesaid, shall refuse to attend and serve as a Juror, 
 (unless some reasonable cause be offered to and approved of by the 
 Court or Courts aforesaid,) Every such Person so refusing shall forfeit 
 and pay for the use of His Majesty his Heirs and Successors for and 
 towards the defraying the charge of this Government, such fine, not 
 exceeding the sum of Ten pounds, nor under five pounds, as the said 
 Court shall think reasonable to inflict or assess for such refusall ; Pro- 
 But subject vided always, that if any Person or Persons returned on such Tales 
 to challenge, gijall bc challenged by either Party, and such challenge be allowed of 
 by the said Court or Courts, that then such person or persons may 
 and shall be sett aside and discharged from serving as a Juror in such 
 cause where such challenge shall be made. 
 
^40.] BERMUDA ACTS. M 
 
 VII. And be it, &c., that in case of the Death, Absence or 
 Inability of any Justice of the Peace in any Tribe or Parish in these i"? case <>' 
 Islands at the time of issuing of "Writts for returning Jurors to serve L^of Jus- 
 at the then next Court of Bang's Bench or Common Pleas to be held "e diSclea" 
 for these Islands, that then it shall and may be lawful for the Chief toi'^ehow- 
 Justice of the Court or Courts aforesaid, for the time being, or his 
 Assistant Justices, to grant a Writt or Precept directed to some Free- 
 holder in such Tribe or Parish to convene or call together the Parish- 
 ioners of his said Tribe or Parish at some convenient place in the 
 same, and there to cause the Names of each and every of the Parish- 
 ioners whose names shall be entered or written in the Book or Register 
 aforesaid, (except those before excepted,) to be written as aforesaid and 
 put into a Box or Glass, and the names of six persons to be drawn in 
 manner as before in this Act expressed, which six Persons whose 
 names shall be so drawn shall be returned by such Freeholder to serve 
 as Jurors at the then next Court of King's Bench and Common Pleas 
 to be held for these Islands, any thing before contained in this or 
 any other Act of Assembly to the contrary in any wise notwith- 
 standing. 
 
 Vm. And be it, &c., that such part of all former Acts of Assem- Former 
 bly made in these Islands, which any ways relate to the Electors' ingtojur- 
 choice or Impanelling Jurors to serve in any Court in these Islands pSied. 
 shall be by this Act repealed, and the same are hereby repealed, and 
 made void, accordingly. Provided always that this Act shall not fJ"Xe°'"°^ 
 commence until His Majesty's pleasure be known. 
 
 [Confirmed by his Majesty, 29th July, 1742.] 
 
 Note (A). — Encreased to £100 currency by Act of 1834, No. 2. 
 
 Note (B).— See Acts of 1831, No. 8, sect. 25; and 1867, No. 1, sect. 24. 
 
 AN ACT to prevent Lawsuits. 
 
 [8 October, 1740.] 
 
 WHEREAS Estates in Tail have heretofore been given, granted, 
 Sold and Conveyed in pursuance of opinions from eminent Council 
 ree'd from England in Sixteen hundred and Eighty-four that the 
 Statute De Donis of 13th of Edw'd 1st not being in force here. Real 
 Estates could not be entailed but were here Estates in Fee. But 
 those opinions having been contradicted by the most eminent Lawyers 
 at hopie in Seventeen hundred and thirty-six, who have informed us 
 that not only the Statute De Donis but all the Laws of England prior 
 to the Settlement of these Islands are in force here, and that no Entails 
 can be dockt but by fine and Recovery according to the Law of Eng- 
 land, or by some Act of Assembly to be passed here for that purpose. 
 And Whereas the major part of all the Estates in these Islands have 
 been purchased in former times upon a supposition that they were 
 Estates in fee and that the ruin of these Islands is greatly to be feared 
 from the numberless Suits at Law which will be supported by this 
 
 Preamble. 
 
24 
 
 BERMUDA ACTS, 
 
 [1744. 
 
 Persons in 
 possession 
 or intituled 
 to any Real 
 Estate, un- 
 der Devise 
 or convey- 
 ance made 
 before 25th 
 December, 
 1786, by ten- 
 ant in tail, 
 to enjoy the 
 same as ful- 
 ly as if the 
 Devise, &c., 
 had been 
 made by 
 tenant in 
 fee. 
 
 Persons 
 claiming 
 any intailed 
 Estate de- 
 vised, &c., as 
 aforesaid, to 
 be barred. 
 
 Proviso — 
 not to give 
 any right 
 unless the 
 Devisee or 
 Grantee was 
 seized be- 
 fore 26th 
 December, 
 aforesaid. 
 
 difference in opinions of the Lawyers at home. In order therefore to 
 prevent the fatal consequences of such suits at law, "We, &c. 
 
 I. That all and every person and persons wh. soever who now are 
 in possession of or intituled unto any reall Estate in these Islands, 
 by means of any Devise, Gift, Grant, Sale- or Conveyance whatsoever 
 made at any time before the twenty-fifth day of December, Anno 
 Domini one thousand seven hundred and thirty-six, by any person or 
 persons to whom such Estate was intailed, shaiU and may by virtue of 
 such Devise Gift Grant Sale or Conveyance and this Act lawfully 
 have hold use occupy possess enjoy and claim such Estate as fully 
 largely and amply to all intents and purposes as if such Devise Gift 
 Grant Sale or Conveyance had been made by any person whatsoever 
 who had an absolute Estate in fee simple in such Houses Lands Tene- 
 ments or reall estates. 
 
 II. And be it, &c., that every person whatsoever claiming or 
 which hereafter shall or may claim any right or title to any intailed 
 Estate which hath been devised given granted sold or conveyed at 
 any time before the twenty-fifth day of December one thousand seven 
 hundred and thirty-six aforesaid by the Donee in Tail or the Issue or 
 Defendants of such Donee, that then such Devise Gift Grant Sale or 
 Conveyance shall be deemed and taken to be as an effectual Bar to 
 Every person claiming such Estate to all intents and purposes, as if 
 the Donee his Issue or Descendants making such Devise Gift Grant 
 Sale or Conveyance had had an absolute fee simple in the premises. 
 Provided that this Act nor any thing herein contained shall give any 
 person a right or title to any Houses Lands Tenements or Real Es- 
 tates, Except the person or persons to whom such Estate was devised 
 
 fiven granted sold or conveyed was seized thereof by virtue of such 
 )evise Gift Grant Sale or Conveyance before the twenty-fifth day of 
 December aforesaid any thing in the former part of this Act contained 
 to the contrary notwithstanding. 
 
 AN ACT for the hetter distribution of intestate Estates. 
 
 [6 July, 1744.] 
 
 preamble. 
 
 WHEREAS it hath been and now is a received opinion in these 
 Islands, that all Acts of Parliament in England made since the settle- 
 ment of these Islands, are not in force here (unless the Colonies are 
 particularly mentioned) ; and whereas the Statute of the Twenty- 
 Second and Twenty Third Years of the Reign of King Charles the 
 Second, Chapter the Tenth, Comonly called the Statute of Distribu- 
 tions, hath been by a particular Law of these Islands (intituled An 
 Act for settling intestate Estates) put in force here. And whereas in 
 these Islands at present, as often as it doth happen, that any child or 
 children dying intestate after their father, without wife or child, the 
 mother hath by the common Law a right to administration, and con- 
 sequently a right to the whole Personal Estate of such child or chil- 
 dren So dying intestate, to the great prejudice of every Brothex-, 
 
11'45.] JBEEMUDAACTS. 25 
 
 Sister, or other Eepresentatives surviving Such Intestate who ought 
 to have their shares in such Estate. And whereas by an Act of 
 Parliament of the First Tear of King James the Second, Chapter the 
 Seventeenth, the inequality of such claym and right thereupon is 
 fully prevented in the Seventh Section of the Said Act— Therefore for j^ ^,j^_. ^^^ 
 the prevention for the future of such inequality in the distribution of death of a 
 any intestate's Estates within the description before set forth, of'hiB cwi^ 
 
 dren die in- 
 
 I. We, &c., and be it enacted, &c., that if, after the death of a out wife or 
 father, any of his children shall dye intestate without wife or child, in metime^ot 
 the lifetime of the mother, every Brother and Sister and the representa- %\^°l^lli,. 
 tives of them shall have an Equall share with her. ei-andsis- 
 
 ^ ter, 4c., to 
 
 have an 
 equal share 
 with her. 
 
 AN ACT for the increasing the atifiual Sallary of the Minister for the 
 Parish of St. George for the time being. 
 
 [lY October, 1745.] 
 
 > WHEREAS the promoting of Piety and Godliness is greatly preamble. 
 incumbent upon all who profess the Christian Religion, and for that 
 nothing can conduce more towards such a good purpose than giving 
 a suitable Stipend to Such Ministers as may come into these Islands, 
 that it may be an incouragement for their Stay, through the want of 
 which incouragement these Islands have almost been entirely bereft 
 of that assistance which might justly be expected from those of that 
 Sacred Function, and in particular the Town and Parish of St. George, 
 where it doth so fall out that the present annual income doth not 
 arrive to such a Sum as is fitt for the support of a Minister, or ade- 
 quate to those officiating in the other Parishes of these Islands, there- 
 fore for the incouragement and support of such Minister who shall 
 hereafter be inducted into the said Parish of St. George and become 
 an Incumbent there. 
 
 I. We, &c., and be it enacted, &c., that from and after the date 
 
 The Minister 
 
 hereof the Minister inducted and residing in the said Parish of St. of st, _ 
 George's shall from the time of such his induction and residence in the be paw an° 
 said Parish of St. George, be paid as an advancement of his sallary tTe^r'lum'of" 
 annua.lly and once in each Year, a further Sum of Twenty five pounds f^'^^^°l. 
 of Current money out of the Publiek Treasury of these Islands, Exclu- ly. 
 sive of, over and besides, any Sum or Sums to be paid to such Minister 
 and Incumbent by virtue of any former Act or Acts of Assembly now 
 made and in force in these Islands. 
 
26 
 
 BERMUDA ACTS. 
 
 [1760. 
 
 AN ACT for the ascertcmrnig the rate of the interest of money vn 
 these Islands, and for rest/rmning the taJcmg of excessive usury 
 in the Loan of money on any Cont/racl whatso&ver. 
 
 [26 April, 1760.] 
 
 Preamble. 
 
 No person to 
 take more 
 than seven 
 per centy/m 
 per amium^ 
 interest. 
 
 Bonds and 
 Contracts 
 reserving 
 above that 
 rate, to be 
 void. 
 
 Penalty on 
 persons 
 taking a 
 higher rate. 
 
 Forfeitures 
 — how dis- 
 tributed. 
 
 WHEEEAS the Interest taken in the loan of moneys is not fixed 
 by any Law of these Islands, whereby manifest injury hath arisen to 
 His Majesty 'g Bermuda Subjects, by exacting an exorbitant interest 
 for money. And Whereas it is absolutely necessary to the Commerce 
 of these Islands, that there should be a fixed rate of interest on the 
 Iban of moneys in these Islands, and so calculated as that it may be of 
 benefit to His Majesty's subjects in these Islands; And for that the 
 rent of lands is very low and scarce produces Three pounds j)«r centum 
 per annum, so that the landed and monied property in these Islands 
 are by no <means Equal, interest of moneys being now taken from 
 Eight to Ten pounds ^er centum per anmum. And Whereas on due 
 estimation of what would be a proper rate for interest on moneys in 
 Bermuda it is conceiv'd that an Interest of Seven pounds in the hun- 
 dred is such a rate or proportion of Interest on moneys as will be most 
 serviceable to the Inhabitants of these Islands. Therefore for the 
 reasons aforesaid, 
 
 I. Be it enacted, &e., that no person or persons whatsoever from 
 and after the first day of July in this present Year of our Lord one 
 thousand Seven hundred and Sixty upon any Contract shall from and 
 after the said first day of July take directly or indirectly for loan of 
 any Moneys, Wares, Merchandize or other Commodities whatsoever 
 above the value of Seven pounds 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 sliorter 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 or whereby there shall be reserved 
 or taken above the rate of Seven pounds in the hundred as aforesaid 
 . shall be utterly void : And that all and every person or persons what- 
 soever who shall after the time aforesaid upon any Contract to be made 
 after the said first day of July next, take, accept and. receive by way or 
 means of any Corrupt Bargain, Loan, Exchange, Chevisaunce, Shift or 
 Interest of any Wares, Merchandize or other thing or things whatso- 
 ever or by any deceitfull ways 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 money or other thing above the sum 
 of Seven pounds 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 shall forfeit and lose for every such OflFence the treeble 
 value of the Moneys, Wares Merchandize and other things so lent, 
 bargained, sold exchanged or shifted. • ' 
 
 II. And be it, &c., that the one moiety of all forfeitures arising 
 by virtue of this Act, shall be to His Majesty his Heirs and Successors 
 for and towards the support of this Government, and the contingent 
 charges thereof, and the other moiety to him or them that will sue for 
 
1760.] BERMUDA ACTS. 27 
 
 the same, by action of Debt, Bill, Plaint or Information to be sued for 
 in His Majesty's Court of Assize for these Islands. 
 
 III. And to the end People may not be oppressed with the pay- Borrowers 
 ment of exorbitant interest, for want of proof of an usurious Contract, Sotc't^'Ii, 
 which is always made in Secret, and with such Caution, that it can fhe°'prindp»i 
 Seldom be detected in the ordinary course of evidence, lent and con- 
 
 Be it, &c., that it shall and may be lawful for any Borrower of 
 Money, his heirs, executors, or administrators, hereafter to be lent, to 
 exhibit a Bill in the Court of Chancery of these Islands against the 
 Lender or Lenders, and to compel him, her, or them, to discover upon 
 his, her, or their corporal oath or oaths the principal money actually 
 lent, and the Contract made between them, for the payment of inter- 
 est, and in such case, if it shall appear that more than lawful interest 
 was reserved, the Lender or Lenders shall be discharged from all the 
 Penalties of this Act, but he, she or they shall lose, not only all such 
 unlawful usury, but shall be obliged to accept the principal money, 
 without any interest. And that in all cases hereafter, when judo- 
 ment shall be recovered for any Penalty forfeited by virtue of this Penalty may 
 Act, the Plaintiff shall also recover his full costs. And that all and wiuTcoIt^s!"* 
 every Broker and Brokers, Solicitor and Solicitors, Driver and Driv- ^^^^^^^ „„ 
 ers of Bargains for Contracts, who shall at any time hereafter take Brokera tak- 
 er receive, directly or indirectly any Sum or Sums of money, or other iTetao'kage. 
 reward or thing for Brokage, soUiciting or procuring the Loan, or 
 forbearing of any sum or sums of money over and above the rate or 
 value of five shillings for the loan or forbearing of one hundred pounds 
 for a Year, and so rateably, or above one shilling for making or re- 
 newing the Bond or BiU for the loan or forbearance thereof, or for 
 any Counter Bond or Bill concerning the same, shall forfeit for every 
 such offence. Twenty pounds Current money ; one moiety to the 
 King, his heirs sftid Successors, for the better support of this G-overn- 
 ment, and the Contingent Charges thereof; the other moiety to the 
 Informer, to be recovered by action of Debt, or Information, in any 
 Court of Record of these Islands. 
 
 IV. And be it, &c., that this Act shall be and continue in force 
 until the first day of January, which will be in the Year of our Lord ''''"'''°°- 
 one thousand Seven hundred and Sixty five, and then to determine 
 and expire. 
 
 [Kate of Interest reduced from seven to five per Cent : by Act of 23 March, 182Y, — and 
 continued to the end of 1S61, by 1857, No. 24.] 
 
28 BERMUD.A ACTS. [1761. 
 
 AN ACT for the continuing of General Assembly's in case of the 
 
 Death or Demise of his Majesty, his Heirs or Successors / and for 
 
 maicing valid all Acts of the Oovernor and Council for the time 
 
 to come ; and all Judgments and Proceedings at Law which have 
 
 already happened, or shall happen hetween the Death of any King 
 
 or Queen of Great Britain, and the notification thereof in these 
 
 Islands. 
 
 [14 February, ITBl.] 
 
 Preamble. WHEKEAS by reason of the great distance of these Islands from 
 
 Great Britain, there always happens to be a considerable space of 
 time between the Death or Demise of the King or Queen for the time 
 being, the notification thereof, and the Proclamation of his or her 
 Successor in these Islands ; for preventing the many Mischiefs, Incon- 
 veniencies and unnecessary Charges which may happen or be occa- 
 sioned by reason of such interval, 
 
 w/ii^uo°be I- We, &c., and it is hereby enacted, &c., that this present General 
 disBoivedby Assembly, or any other General Assembly which shall hereafter be 
 onhe^Ktog, summoned and called under the Authority of his Majesty King George 
 tSne°for8ix the third, his Heirs and Successors, by the Governor or Commander 
 uss°Boon™" in Chief, by and with the advice and consent of the Council of these 
 prorogued ^jg Majcsty's Islands, or by the President and Council for the time 
 being, shall not determine or be dissolved by the Death or Demise of 
 his said Majesty, his Heirs or Successors, but that such Assembly shall 
 and is hereby impowered to continue, meet, convene, and sit, accord- 
 ing to the Writs or Summons whereby the said Assembly was or shall 
 be convened, and to act notwithstanding such Death or Demise for 
 and during the time of six months, and no longer after the Proclama- 
 tion thereof shall be be publickly notified in these Islands, unless the 
 same General Assembly shall by such Governor, Commander in Chief, 
 or President and Council, be sooner prorogued or dissolved ; and if 
 the said General Assembly shall be so prorogued, then it shall meet 
 and sit on and upon the day unto which it shall be prorogued and 
 continue for the residue of the said time of six months, unless sooner 
 prorogued or dissolved as aforesaid. 
 
 Acts of II. And be it, &c., that all Judgments of all Courts, acts of 
 
 Serfid"^' Justices of the Peace, and all other Ofiicers Civil and Military, within 
 bfTaiid!°ai- thcsc Islands, which they might lawfully have done or passed during 
 tSI'cted *^® ^^^® '^^ ^^y King or Queen for the time being, be valid to all intents 
 after death and purposes in law, although the same may have happened to have 
 QuMD.^and been acted after the death of the King or Queen, and before the noti- 
 flcitioi"""" fication thereof in these Islands. 
 
 in. And be it, &c., that all acts, deeds and sentences of the 
 ernor°coun- Govcmor, Commander in Chief, or President and Council in these 
 and*offi^CT8, Islands for the time being, which he or they might lawfully do, sign, 
 hiwMrbe'' *^^ P^^^' <i^ring the life of the King or Queen for the time being, shall 
 done during fee Valid to all iutcnts and purposes in law, although the same happen 
 M Qu*em?^o to be acted, done, or signed after the Death of the said King or Queen, 
 afthragh and before the said Death is by Proclamation publickly notified in 
 after hIsOT ^^^^^ Islands, as also all acts of the Council, Judgments of all Courts, 
 
1775.] BERMUDA ACTS. 29 
 
 acts of Justices of the Peace, and all other Officers Civil and Military her death, 
 within these Islands, which they might lawfully do or pass during the notm'cauon 
 life of the King or Queen for the time being, be valid to all intents "'«''«°f- 
 and purposes in law, although the same happen to be acted after the 
 Death of the said King or Queen, and before the notification thereof 
 in these Islands, and that all ^Treasons, Eebellions, and all other Treasons 
 crimes whatsoever committed, or which shall be committed, during p™ishabie. 
 the said time, shall be punishable to all intents as if the King or 
 Qiieen had been actually alive at the time of the committing thereof. 
 
 Provided always, and it is hereby declared, that nothing in this Pro™o. 
 act contained shall extend, or be construed to extend, to alter or abridge 
 abridge the power of the Governor or Commander in Chief, or Presi- po^erof 
 
 1 T r^ 'T f 1 TTTpi • !• 1 Governor to 
 
 dent and Uouncil ot these islands tor the time bemg, here to prorogue prorogue or 
 or dissolve this, or any other General Assembly in these Islands AsBembiy. 
 within the said six months, or at any other time, nor to limit the 
 Governor, Commander in Chief, or President and Council for the time 
 being, in the execution of any instructions he or they shall receive 
 from the succeeding King or Queen of Great Britain, relating to pro- 
 rogation or dissolution of Assembly's. 
 
 AN ACT for the better Regulating the Treasury of the Islands of 
 
 Bermuda. 
 
 [2'r January,. lYYS.] 
 
 "WHEEEAS there are many sums of money which have, for a 
 long time, been due to sundry persons from the Public, to the great P'^«»"''1«- 
 lessening of the credit thereof, as well as the injury of private prop- 
 erty, in some measure occasioned by the want of proper laws to direct 
 the proceedings of the Public Treasury, there being none at present 
 but the one regulating the two-pence farthing Fund, by which means 
 unhappy differences have hitherto, at different times, subsisted in the 
 Legislature of these Islands ; in order, therefore, to prevent such dif- 
 ferences in future, to establish a lasting harmony and concord in the 
 Legislative body, and to fix the Public payments on a more certain 
 footing, 
 
 I. We, &c., and be it enacted, &c., that no Treasurer or Eeceiver jj„ ,^^^^_ 
 General of any monies hereafter to be levied on the inhabitants of "''." or Re- 
 these Islands, in consequence of any future Act of Assembly, shall erauo*^™- 
 proceed to the execution of his office until he shall have first made Sfflce''untii 
 oath in presence of the Governor, the President or any other Member after taking 
 of his Majesty's Council, and the Speaker of the then or last preceeding scribed ana 
 Assembly, or such Meriiber or Members of the then or last preceeding wuh^''^""'' 
 Assembly, as shall have been by the General Assembly for that pur- sui-eties. 
 pose particularly appointed, in the words following to wit, " I, A. B. 
 Treasurer or Eeceiver General of all monies to be levied on the in- 
 habitants of these Islands, for the Support of this his Majesty's Gov- 
 ernment, in consequence of any Act of Assembly subsequent to the 
 passing of an Act entitled "An Act for the better regulating the 
 Treasury of the Islands of Bermuda," will faithfully and truly dis- 
 
30 BERMUDA ACTS. [1775. 
 
 charge the trust reposed in me as Treasurer or Receiver General afore- 
 said. I will not issue or cause to be issued or paid any money or 
 monies that may come into my hands, as Treasurer or Receiver 
 General aforesaid, othervfise than is or shall be by law, particularly 
 directed. So help me God." And that such Treasurer or Receiver 
 . General "do at the same time give bond in the Secretary's Office of 
 these Islands, in the presence aforesaid to our Sovereign Lord the 
 King, his Heirs and Successors, with two sufficient sureties, who shall 
 be with him jointly and severally bound in the sum of one thousand 
 pounds current money of these Islands, on condition in the words fol- 
 lowing, to wit : — ^The condition of the above obligation is such, that if 
 the above bounden A. B. do and shall well and truly issue and pay 
 all monies and effects that shall or may come to his hands or pos- 
 session, by virtue of any Act of Assembly subsequent to the passing 
 of an Act, entitled "An Act for the better regulating the Treasury of 
 the Islands of Bermuda," in such manner and form and to such per- 
 sons as shall or may be by such subsequent Act or Acts of Assembly 
 directed, and not otherwise, and shall keep just and true accounts of 
 all monies that shall or may be received or paid by him in conse- 
 quence of such subsequent Act or Acts of Assembly, ready to be in- 
 spected by the Governor, the Council and General Assembly, or 
 either of them, and shall, in all things, impartially, well and truly 
 discharge the trust by the said subsequent Act or Acts of Assembly 
 in him reposed ; then the above obligation to be void and of none 
 effect, or otherwise to remain, abide and be in full force power and 
 virtue. 
 
 Penalty on II. And be it, &c., that if any Treasurer or Receiver General 
 
 S'plyS?'^ shall take upon himself, by any Authority whatever, to receive and 
 
 Mnly with- P^y ^^y monies levied on the inhabitants of these Islands, by virtue 
 
 out having of any future Act of Assembly, without having first complied with 
 
 puedwuh the requisites of this Act, in respect to oath and security, such Treas- 
 
 q"5SiteB." iirer or Receiver General, shall, for every such offence, forfeit the sum 
 
 of fifty pounds current money, to be recovered by whoever will sue 
 
 for the same in any Court of Record, in these Islands, wherein no 
 
 essoin, protection or wager of law shall be allowed, one half whereof 
 
 shall be to the informer or person suing for the same, and the other 
 
 half to his Majesty, his Heirs and Successors, for and towards the 
 
 payment of the Matrosses doing duty at the several Fortifications, and 
 
 be forever after rendered incapable of holding the office of Treasurer 
 
 or Receiver General aforesaid. 
 
 To affinin ^^- •^^*^ whereas complaints have been made of partiality here- 
 
 his ofsce for toforc practiced, both in the issuing and payment of orders drawn on 
 ^pection,' the Treasury of these Islands, to the detriment of- public faith and 
 paym^te °' g^at injury to individuals, therefore, to the end equal justice may be 
 SiyuwlJ ^°^® **^ ^ persons, be it enacted by the authority aforesaid, that the 
 the same sald Treasurer or Receiver General shall, within ten days after the 
 torecitedr' passing of any law, fixing the payment of any Public Debts, cause to 
 fheVanfe^'to l»e fixcd in his office, free and open for Public Inspection, a schedule 
 don™?"'" °^ *^® several payments by such law directed to be made, in the same 
 briber order as they shall be therein recited ; and that no order for the pay- 
 ment of any monies from the Fund appropriated by such law shall 
 
1775.] BERMUDA ACTS. 3l 
 
 be paid by the said Treasurer or Receiver General but in the regular 
 succession therein prescribed ; and that in case the said Treasurer or 
 Receiver General shall pay any such order for money in any manner 
 deviating therefrom, the party or parties aggrieved shall recover the 
 sum or sums of money which should have been to him her or them, 
 in such regular succession paid, of the said Treasurer or ^Receiver 
 General, who shall and is hereby declared to be liable to make satis- 
 faction for the same ; and that it be recovered in the same manner as 
 actions of debt not exceeding forty shillings, any law, usage or custom 
 whatsoever to the contrary thereof in any wise notwithstanding : Pro- ProrUo. 
 vided always that nothing in this Act shall be construed to debar the 
 said Treasurer or Eeceiver General from paying any demands by law 
 directed to be paid, though not in regular succession, provided he 
 retains, at the same time, in his hands a sufficiency to answer the de- 
 mand of such person as should have been entitled to a priority of 
 payment. 
 
 ly . And forasmuch as it hath been practicable for Treasurers to set up m 
 heretofore to refuse payment of orders on them, under pretence only ^"^JT an 
 that they had no money in the Treasury ; to the end therefore, that account'of 
 such abuses may be effectually prevented, be it enacted, &c., that the ?Svedand 
 said Treasurer or Receiver General shall, on some day in the first ^ny pTrtku- 
 week in every month, successively set up in his office for Public In- '" ^^'^■ 
 spection an account of the gross sums of money received, and in like 
 manner of the gross sums of money paid in consequence of any par- 
 ticular future law, and shall at the foot thereof mention the last order 
 by him the said Treasurer or Receiver General paid. 
 
 Y. And be it, &c., that the said Treasurer or Receiver General, to provide a 
 shall, from time to time, during the exercise of his office, provide a ^"J^""™" 
 book, at the Public Expence, wherein shall be entered fairly, true and counts of aii 
 just accounts of all transactions in the Public Treasury, with the par- forTe°ia-°'' 
 ticular dates to the sums received and paid ; and that such accounts tgloover-^ 
 shall be ready for the inspection and examination of the Governor, nor, coun- 
 Council and Assemby, or either of them, when, and as often as they, semMy '^ 
 or either of them, may think proper ; in default whereof the said 
 Treasurer or Receiver General shall forfeit and pay the sum of one Penalty. 
 hundred pounds current money, to be recovered by any person who 
 shall sue for the same in any Court of Record in these Islands, by 
 bill, plaint or information, wherein no essoin, protection or wager of 
 law shall be allowed, the one half whereof shall be to the informer, 
 and the other half to his Majesty, his Heirs and Successors for and 
 towards payment of the Matrosses doing duty at the several Fortifica- 
 tions. 
 
35 
 
 BERMUDA ACTS, 
 
 [1775. 
 
 AN ACT for the more regular Payment of the Clergy, the regulatmg 
 the Seats or Pews, in the several Churches in these Islands, and 
 more effectual Becovery of Parish Assessments. 
 
 [30 March, 1778.] 
 
 Preamble. WHEEEAS tlie different modes of assessment heretofore practised 
 
 in the several Parishes in these Islands, for payment of the Stipend 
 allowed by law to the several Incumbents of the said Parishes, have 
 been found, from such their difference, to be productive of irregularity, 
 confusion and discontent : and whereas indecency and indecorum, 
 from the irregular disposition of the Seats in the several Parish 
 Churches in these Islands, have been greatly complained of by the 
 Clergy and Principal Inhabitants of the said Parishes, in order, there- 
 fore, to remove the inconveniences arising from such various and 
 irregular assessments, to establish a more certain and regular payment 
 of the Stipends aforesaid ; to prevent such indecencies for the future, 
 and to promote that order and decorum necessary to be observed in 
 religious assemblies, 
 
 Vestry toseii I* ^6, &c., and be it enacted, &c., that the Vestry, or Assessors of 
 for a yearly tjje scvcral Parishcs in these Islands, who are hereby required and 
 
 Pews and 
 Seats in the 
 several 
 Churches. 
 
 Pj'ovigo, ex- 
 cepting 
 *^ho8e ap- 
 pearing to 
 be private 
 property. 
 
 directed to be elected in the several Parishes, in the same manner, and 
 at the same seasons as have been in such Parishes heretofore practised, 
 shall expose to Public Sale separately, for a certain rent to be yearly 
 paid from Easter Term next, the several Pews and Seats of the several 
 Churches in these Islands, only reserving from such sale the Pew or 
 Pews in the Parish Church of St. George, heretofore allotted for the 
 particular use of the Governor or Commander-in-Chief for the time 
 being, as also a Pew in each Parish Church throughout these Islands, 
 for the use of the incumbent thereof, the Galleries and as many Seats 
 or Pews as may be found necessary, to accommodate such Persons to 
 whom it may, by the said Yestry or Assessors, be deemed inconvenient 
 to purchase any Seat or Pew ; Yet, nevertheless, it is the intention of 
 this Act, that every Seat or Pew which shall be made appear to the 
 satisfaction of the Vestry or Assessors of the particular Parish where 
 such Seat or Pew shall be situated, that such Seat or Pew be the 
 property of some private person, that then such Seat or Pew be 
 excepted from the sale directed by the Act. 
 
 II. And in order that the Parishioners may be properly advertised 
 of such Sale, and that the same may be conducted without favor or 
 Mthodof Partiality, be it enacted, &c., that the Justice or Justices of each 
 Sale and°No- Parish sliall, witMu thirty days after the publication of this Act, call 
 together the Vestry or Assessors of such Parish, acquaint them with 
 the directions of this Act and fix on a certain day for the Sale of the 
 Pews and Seats in the Church of such Parish, which day shall be 
 within thirty days after the calling together of such Vestry or Asses- 
 sors, and give public notice thereof at least ten days before the Sale, 
 to every Parishioner, by the Constable or Constables, and that every 
 Justice, Assessor, or Vestryman, who shall fail in the duty required 
 of him by this Act shall forfeit and pay the sum of ten pounds current 
 money to be recovered by whoever will sue for the same, in any Court 
 
 tlce, 
 
 Penalty on 
 Justice or 
 Vestryman 
 failing in his 
 Buty. 
 
m5.] BERMUDA ACTS. 33 
 
 of Record in these Islands, by bill, plaint or information, wherein no 
 essoin, protection or wager of law shall be allowed, one half to go to 
 whoever will sue for the same, and the other half to the use of the 
 Parish where such penalty shall be incurred. 
 
 III. And be it enacted, &c., that in case the purchaser of any Seat Purchaser 
 or Pew should be disposed to give up the Seat or Pew by him or her ^TOupPew, 
 purchased, he or she shall be admitted so to do, provided he or she "p°° °°"''«' 
 shall give to the Justice or Justices, and the Vestry or Assessors of the 
 Parish notice of such his or her intention, three months before the 
 
 then Easter Term next ensuing ; in which case the said Justice or 
 Justices, and Vestry or Assessors shall proceed in respect to the Sale 
 of such Seat or Pew in the manner first described in this Act. 
 
 IV. And be it further enacted, &c., that the Pews in the diiferent pewstobe 
 parish Churches in these Islands, be before the Sale, herein before ''™''^''«*. 
 directed, numbered by the Vestry or Assessors of such Parish, and 
 
 that every person or persons who shall purchase or be concerned in the 
 purchase of any Seat or PeAV, shall enter his or-her name with the said 
 V estiy or Assessors at the time of his or her becoming a purchaser, or 
 concerned in the purchase of any Seat or Pew, and the number of such 
 Pew which he or she might hold or be concerned in the holding of; 
 and in case it shall appear from the entries made with such Vestry or and pariah- 
 Assessors, that any person or persons in any Parish of these Islands, p^r^Jjastag 
 whose proportion on a general assessment for parochial charges would but uabie to 
 amount to three shillings current money or more, shall neither pur- si or^more, 
 chase or hold, or be concerned in the purchase or holding any Seat or a°ss^sfme"nt) 
 Pew in the Church of such Parish agreeable to the intention of this g'Ji"g|„^J„ 
 Act, that then such Person shall be liable to pay such his proportion saie of Pews. 
 by assessment in the same manner as if a Sale of Seats or Pews had [see it94.] 
 not been made ; that proportion to be fixed by the Vestry or Assessors 
 of such Parish, and to be recovered by the Church Warden or Church 
 Wardens of the same. 
 
 V. And be it enacted, &c., that the several sums of money arising Money aru- 
 from the Sale of such Seats and Pews, shall, in every Parish, be g°f/ofPews 
 applied to the payment of the Stipend due to the incumbent thereof, bow appued! 
 and the residue to the discharge of such additional Stipend to such 
 incumbent, repairs of the Church, or other parochial charges as shall 
 
 be determined by the Vestry or Assessors, or the majority of them, 
 and that the same be collected, sued for and recovered by the Churcli 
 Wardens of each respective parish. 
 
 VI. And whereas many doubts have arisen in respect to the madfte"" 
 recovery of assessments made by the Vestry or Assessors of the different l^^^^f} °' 
 parishes in these Islands, for the payment of the contingent charges contingent 
 of their respective parishes, be it therefore enacted, &c., that fi'om and charge, as 
 after the publication of this Act, as well the assessments laid on the ^ly^ll°l{ 
 Parishioners of the several parishes for the payment of all other con- the oiergy 
 tingent parish charges, as those laid for the payment of the Clergy and to be recov- 
 the Jurors, shall be collected, sued for, and recovered by the Church ohmoh "'^ 
 Wardens of the respective parishes. wardens. 
 
34 BERMUDAACTS. [1779. 
 
 Penalty on ^H. And be it eiiacted, &c., that in case any Church Warden Or 
 
 wiurch Church Wardens shall neglect or refuse to do the duties required of 
 
 neglecting him or them by this Act, he or they shall, for every such neglect or 
 
 ^"'''' refusal, forfeit and pay the sum of forty shillings, current money, one 
 
 half to whoever will sue for the same, and the other half to the use of 
 
 the parish to which such Church Warden or Church Wardens may 
 
 belong ; and that all sums to be collected by virtue of this Act, whether 
 
 cXcted'™. by fine, forfeiture, or otherwise, the recovery whereof is not herein 
 
 der this Act fcefore narticularlv directed, be recovered as actions of debt not 
 
 how to be i: i .n. ■, , ,_ a.i ^ 
 
 recovered, exceedmg forty shillings, any law, usage or custom to the contrary 
 notwithstanding. 
 
 [See Acts 30 July, 1'794— of 1833, No. Y— and 1858, No. 8.] 
 
 AN ACT Directing what Conveyances shall he sufficient to pass the 
 Real Estates of Women under Coverture. 
 
 [21 May, 1779.] 
 
 WHEREAS by the Laws of England a Feme Covert cannot con- 
 vey any Eeal Estate of which she might be seized, but by a Fine 
 levied in open Court, to prevent the expence of which, different Modes 
 of Conveyances have been pointed out in the different Colonies; and 
 whereas it was the Practice in these Islands formerly for Women 
 under Coverture to convey their Heal Estates, either by Deeds exe- 
 cuted by them and their Husbands, without any other solemnities, . 
 or by Wills made by them and their Husbands ; but of late Years 
 the general Practice has been for Feme Coverts, after execution of 
 Deeds for their Estates, to acknowledge before the Chief Justice of 
 the Courts of King's Bench, Common Pleas and Assize, that they 
 executed such deeds voluntarily ; and whereas it is apprehended that 
 as no Law has ever been passed in these Islands to confirm such 
 Practice, it may hereafter be called in Question, the consequence of 
 which might be prejudicial to many Persons holding Lands pur- 
 wiiis Deeds ^^^^cd fairly, and for valuable Considerations ; in order to prevent 
 and Convey- which, and to ascertain what Conveyances shall for the future be suf- 
 tofore made ficient to pass the Real Estates of Women under Coverture, 
 
 by women 
 
 iS-tVor""" I- "We, &c., and be it enacted, &e., that all Wills, Deeds, or other 
 Taiu'awe^ Couveyanccs heretofore made and executed by any Women under 
 tions, for Coverture, for valuable Considerations for the passing of any Lands or 
 undMobe Tenements in these Islands,' shall be deemed and are hereby declared 
 conveying'" to be as good and sufficient for the conveying such Lands and Tene- 
 thesame.un- mcuts to the Grautecs or Devisees in such Deeds or Wills named, as 
 \t^^°ot if such Women had not been under Coverture, unless it can be made 
 Se'of'the clearly to appear that such Deeds or Wills were executed contrary 
 feme covert, to the Will and Desire of the Feme Coverts who executed the same. 
 
 Deeds and 
 
 II. And be it also enacted, &c., that from the Publication hereof, 
 y Deeds or other Conveyances, executed by any Women under 
 verture, and their Husbands, for any Lands or Tenements in these 
 w/efan"" Hands, shall be as sufficient and effectual for the conveying and 
 
1782.] BERMUDA ACTS. 35 
 
 assuring sucli Lands or Tenements to the Grantees in such Deeds or b^^ndf f'r 
 Conveyances named, as if such Women had not heen under Cover- Lands', to be 
 ture, provideid the "Woman executing such Deeds or other Convey- as inhlT^ 
 ances, being for that Purpose privily examined by the Chief Justice Jer co°ver-"°' 
 of the said Courts of King's Bench, Common Pleas and Assize for ^IJejfhe'be 
 the time being, do confess that she executed such Deeds or Convey- exa,mfaeaby 
 ances voluntarily, and without the Fear, Threat, or Compulsion of juSfLd 
 her Husband, and a Certificate of such Confession, under the Hand eh°'xeeated 
 and Seal of such Chief Justice, be indorsed on the Back of such „^°J^i^*^°'j 
 Deeds or Conveyances, and such Deeds or Conveyances be recorded the Deed be 
 in the Secietary's Office of these Islands within six Calendar Months Stasfx 
 next after the Execution thereof. "°°"'°' 
 
 AN ACT JFhr the better Eegulation of Seamen. 
 
 [16 March, 1Y82.] 
 
 WHEREAS great Loss and Damage is frequently occasioned to preamble. 
 Trade and Navigation, by Seamen deserting their Employ or voyage 
 they are entered upon, or being taken off from the same by Arrest 
 and Restraint for Debt, or Pretence thereof due to Inn-keepers, Vic- 
 tuallers, or Tenders of Wine, Spirituous or other Strong Liquors, for 
 remedy of which We, &c., and be it enacted, &c., 
 
 I. That if any Inn-keeper, Yictualler, or Seller of Wine, or strong Any process 
 Liquors, shall trust or give Credit to any Mariner or Seaman belong- trLlitd'b™" 
 ing to any Ship or other Vessel, without the Knowledge and Allow- ^™„utthe 
 ance of the Master or Commander thereof, if any Process or Attach- allowance of 
 ment for any Debt so contracted without Knowledge and Allowance ma^bfl"-' 
 as aforesaid, shall be granted against or served upon such Mariner or ^hesllmln'* 
 Seaman, until he shall have performed the Voyage he is then entered 'eieased. 
 upon, and be discharged of the same, every such Process, and the 
 Service thereof, shall, on Proof made before any Judge or Justice of 
 
 the Peace within these Islands, that such Process is grounded on a 
 Debt or Pretence of Debt contracted by the Defendant to the Plain- 
 tiff in such Process, without the Knowledge and Allowance of the 
 Master or Commander of the Ship or Vessel to which the Defendant 
 then really and bonafide belonged at the Time of the contracting of 
 fiuch Debt, be by such Judge or Justice of the Peace, before whom 
 such Proof shall be made, adjudged to be thenceforth utterly void in 
 Law, and such Judge or Justice is hereby authorised and required, 
 immediately after such Proof, to order the Release of the Defendant 
 accordingly. 
 
 II. And be it, &c., that if any Inn-keeper, Victualler, or Vender victualler 
 of Wines, Spirituous or other strong Liquors, shall stop or detain anysea-* 
 any Chest or Wearing Apparel, belonging to any Seaman or Mariner, man's ohest 
 for any Debt contracted by such Seaman or Mariner, without the fo'r dcm'^ 
 Allowance and Consent of the Master or Commander of the Ship or wThmt'ship 
 other Vessel to which such Seaman or Mariner belonged at the T^me ]l^l^^l(^^' 
 of the contracting of such Debt, every such Inn-keeper, Victualler, forfeit £ao. 
 
36 BERMUDAACTS. [1782. 
 
 Vender of "Wine, Spirituous or other strong Liquors, shall forfeit and 
 pay to the Master or Commander, or Owner of such Ship or other 
 Vessel, to which such Seaman or Mariner shall really and truly be- 
 long, the Sum of Twenty Pounds of Current Money, to be recovered 
 by Action of Debt in any Court of Eecord within these Islands, by 
 such Master or Commander or Owners, who shall first sue for the 
 same : and if any Inn-keeper, Victualler or Vender of Wines, Spirit- 
 uous or other strong Liquors, or any other Person on his, her or their 
 behalf, shall stop any Chest and Cloths, or either of them, belonging 
 to any such Seaman or Mariner, as aforesaid, it shall be deemed that 
 such Stoppage was made for a Debt contracted by such Seaman or 
 Mariner, contrary to the Allowance and Consent of the Master or 
 Commander of the Ship or other Vessel, to which such Seaman or 
 Mariner belongs, until the contrary shall be proved by such Person 
 so stopping such Chest and Cloaths, or either of them. 
 
 Ship Master III. And be it, &c., that if the Master or Commander of any 
 s?amSi^* Ship or other Vessel shall ship any Seaman, knowing him to be first 
 knowing him entertained and shipped on Board another Ship or Vessel, or after 
 ped on an- Noticc thereof given him, shall not forthwith dismiss hirh, every such 
 to'fovMr^'' Master or Commander so offending, being thereof convicted, shall 
 £20. forfeit and pay the Sum of Twenty Pounds current Money, one Moi- 
 
 ety thereof to his Majesty, his Heirs and Successors, for and towards 
 supplying the Deficiency of the Fund established by an Act, entitled 
 " An Act for raising a Public Eevenue for the Support of the Gov- 
 ernment of these his Majesty's Islands," and the other Moiety to him 
 or them that shall sue for the same, by Action, Bill, Plaint, or Infor- 
 mln to^or-* matioH, lu auy Court of Eecord within these Islands, and such Sea- 
 month^s man, so shipping himself, shall forfeit and pay the Value of one 
 wages. Month's Wages, that he shall agree for, to be recovered, employed, 
 and disposed of in manner as aforesaid. 
 
 Seaman ab- IV. And bc it, &c., that if any Mariner or Seaman, having 
 
 lei°"from Ss shipped himself on Board any Ship or other Vessel to proceed on any 
 
 he^omrSt:^ Voyage and under Pay, (the same being made appear by his Hand, 
 
 toWoHh"" ^®* *° *^® Master's Book, or other written Agreement) shall neglect 
 
 coming°for' his attendance and Duty on board, and absent himself from his said 
 
 the voyage, gervico, upou complaiut thereof made to any Judge or Justice of the 
 
 Peace within the said Parish, such Justice is hereby empowered to 
 
 convict such Mariner or Seaman before him, and upon Conviction of 
 
 his so absenting himself as aforesaid, to commit him to Prison, that 
 
 so he may be secured and forthcoining to proceed on the Voyage he 
 
 has so agreed to, and to be delivered by Order of the said Judge or 
 
 Justice. 
 
1782.] BERMUDA ACTS. 37 
 
 AN ACT for the Encouragement of the Owners of Lands in these 
 Islands to enclose the same with Walls, fences, Hails, or Ditches, 
 by compelling the Proprietors or Possessors of the adjacent Lands 
 to contribute to the Expense thereof. 
 
 [27 March, 1782.] 
 
 WHEREAS the Arable and Pasture Lands within these Islands Preamble. 
 are considerably reduced in value, as well by the want of Inclosures 
 proper to keep out loose and stray Cattle, as by the Soil's being 
 divided and cut to pieces by numberless diagonal Foot Paths and Bye 
 "Ways ; and whereas it is an Object highly worthy the attention of the 
 Legislature, more especially at a Time when the Price of the Neces- 
 saries of Life is so greatly enhanced as at present, to give every En- 
 couragement to the cultivation of Land ; in order, therefore, to effect 
 this good Purpose, 
 
 I. "We, &c., and be it enacted, &c., that when and as often as the owner of 
 Owner or Owners, Proprietor or Proprietors, of any Tract or Parcel of J|r°ug of'in. 
 Land or Ground lying within the Islands of Bermuda, shall be desirous closing it 
 of inclosing the same, and the Proprietor or Proprietors of any other Sice'/ ° 
 Piece or Parcel of Land adjoining such Tract or Parcel by its Pro- STSe^mode 
 prietor desired to be inclosed, shall not agree either in the manner how ll^°ll''^^i 
 the same, or any Part thereof shall be enclosed, or respecting the proportions 
 Quantum of the Costs or Expences attending such In closure, or there tributerby 
 shall be any other Disagreement whatever between the said Parties, of LanaraV 
 respecting or attending such Inclosure, that then it shall and may be joining. 
 lawful for such Owner or Owners, Proprietor or Proprietors, to apply 
 to the Justice or Justices of the Peace of the Parish where the Lands 
 so desired to be inclosed shall so lie, and for a want of a Justice in 
 such Parish, to the next two Justices of the Peace of any other Parish 
 hv Parishes, who is or are hereby directed and empowered immediately, 
 on such Application, to grant his or their Warrant to such and so 
 many, not less than three, nor exceeding seven, reputable Freeholders 
 of the Parish where such Lands lie, requiring them, or any three or 
 more of them, to view the said Land, fix the mode of inclosing the 
 same, either by Walls, Fence, Post and Pail, or Ditch, or any or either 
 of them, ascertain the Cost of such Inclosure, and fix such equitable 
 Proportions in their discretion, whether equal or tmequal, that the 
 Owners of the Lands adjoining to such Tract or Parcel of Land or 
 Ground so about to be inclosed, shall be obliged to contribute and 
 pay thereto, either in Materials, Labour, or Money; and that such 
 Freeholders shall make a return of such Warrant to such Justices, in 
 Writing, under their respective Hands, and on Oath of the said Free- 
 holders, who shall so execute such Warrant by the said Justices 
 granted as aforesaid. 
 
 n. And be it, &c., that in case of the Neglect, Eefusal or Delay J,^"^^^"^^. 
 of the Owner or Owners, Proprietor or Proprietors, of any Land or joining Land 
 Ground so adjoining the Tract or Parcel of Land or Ground about to J^tribute'" 
 be enclosed, to contribute to pay his, her, or their Proportion of Mate- ^^^p'^!' 
 rials, Labour or Money, so fixed and ascertained by such Freeholders, piaiUnt to 
 
38 
 
 BERMUDA ACTS, 
 
 [1782. 
 
 such land 
 until it is 
 paid out of 
 the Rents. 
 
 be put in upon Oomplaiiit to and Proof thereof before the Justice or Justices of 
 Srmoilty''of the Peace of the Parish where the Party refusing, delaying or neglect- 
 ing, liveth, that then the said Justices shall issue their "Warrant, 
 directed to the Constable or Constables of the Parish where the Lands 
 shall be, thereby requiring them to put the Complainant into posses- 
 sion of a Moiety of the Lands of the Defendant so divided by the 
 Inclosure aforesaid, to hold to him the said Complainant, his Heirs 
 and Assigns, at a Kent to be ascertained by the Justice or Justices of 
 the Peace of the Parish annually, where the Lands shall lie, until such 
 Time as the said Money so due be paid by the Rents thereof, unless 
 the same shall be sooner paid by the Proprietor thereof, or other Per- 
 son in his behalf. 
 
 Post and 
 Rail inclos- 
 ures to be 
 repaired at 
 joint ex- 
 pense of 
 parties. 
 
 Slave break- 
 ing down in- 
 closure to be 
 punished. 
 
 And the 
 Owner to 
 
 pay the 
 Damages 
 and Costs, 
 
 IIL And be it, &c., that when any Lands shall be inclosed (by 
 virtue of this Act) by Posts and Eails, that such Posts and Eails shall, 
 from Time to Time, be repaired or renewed . as often as the same shall 
 be found necessary, at the joint Expense of the parties whose Lands 
 shall be divided by Posts and Eails ; and that if any Negro or other 
 Slave shall wilfully break down any Wall or Fence, or destroy, steal 
 or carry away any Post or Eail so inclosing or dividing any Lands, 
 every such l^egro or other Slave, on legal Conviction, shall suffer such 
 Punishment as shall be inflicted by any Justice or Justices of the 
 Peace before whom such Jfegro or other Slave shall be convicted, not 
 extending to Life, Limb or Banishment ; and that the Owner of such 
 Negro or other Slave shall pay all such Costs, Charges and Expences 
 attending such Conviction, together with all such Damages as the 
 Justice or Justices before whom such Conviction shall be made, shall, 
 in his or their Judgment decree, that such convicted Slave shall have 
 injured the Proprietor or Proprietors of the Lands, by the wilful 
 breaking down any Wall or Fence, destroying, stealing or carrying 
 away any Posts or Eails so dividing or inclosing any Lands in these 
 Islands. 
 
 [See Act of 19 July, 1800.] 
 
 AN ACT for ascertaining the manner in which Martial Law shall 
 he declared and conducted, whenever the necessities of the Public 
 shall render such a measure Expedient. 
 
 [16 March, 1'782.] 
 
 Preamble. WHEEEAS it is csseutially necessary to the Freedom and Hap- 
 
 pinesss of Every community, that its Laws should be fixed and cer- 
 tain, there being not any stronger Badge of Servitude than that the 
 Law of any Country should be vague and undetermined — And 
 Whereas there is no Law of the Land 'describing the Objects and 
 ascertaining the bounds of Martial Law^ — And Whereas it may be at 
 some time necessary and more especially in Time of War, that Mar- 
 tial Law should be declared, 
 
 MLaw""" ^- ^®' tlierefore, &c., and be it enacted, &c., when and so often 
 shall be in as the Govemor or Commander in Chief of these Islands shall see fit, 
 inhawtots by and with the advice and consent of His Majesty's Council, to de- 
 
1782.] BERMUDA ACTS. 39 
 
 clare Martial Law to be in force, then and during the Same time the J° t^e fo™ 
 Inhabitants of these Islands (His Majesty s regular Soldiers excepted) lowing Ar- 
 shall be subject and conform to the following Articles or Regulations — '° °^' 
 
 Persons 
 
 FlEST. — No person shall entice or persuade or attempt to entice or T?Son or 
 persuade another to commit or to join in the commission of any traiter- ^^J^^"™' 
 ous or rebellious Act against His Majesty's Government under pain of giving m- 
 death. And any person who may be privy to such Treason or Rebell- th™eo'f°fub- 
 ion and shall neglect to give Information thereof to the Superior Offi- ^iJ°^th. 
 cers of Government or Some or one of them, shall be deemed equally Persons 
 guilty and be in like manner subject to Death. ThlfL"/ 
 
 other crime, 
 
 Secondly. — All persons guilty of Theft, Robbery, Murder, Bur- "j^n^^^^'du- 
 glary. Manslaughter, Grand Larceny, Petty Larceny or any other ringMartiai 
 Crime or Misdemeanour 'during Martial Law, shall be subject and belibjea 
 liable to the like Pains and Penalties as such Persons would have p°enamla^ 
 been by the Laws of the Land in case Martial Law had not been in MaTtiafLaw 
 force, with this alteration only, that instead of the usual'mode of Tryal is not in 
 by Jury, the accused Person be tried by a Court Martial hereinafter tSie by 
 to be appointed. fi";;''' »•^'- 
 
 Thiedlt. — ^That all Actions of Trespass Vi et Armis assault and trespass" 
 Battery, arising during the existence of Martial Law be in like man- during'™^ 
 ner tried and determined by the Court Martial aforesaid — but that no ^^ftiaiLaw 
 other Actions, real, personal or mixed, wherein the rights, privileges triable by 
 or property of the subject may be drawn in question, b§ tried or deter- uai"'*'^' 
 
 Civil 
 be 
 
 mined until the restoration of Civil Government — Nor shall any retro- f^l^^^ 
 spect be had to any Treason, Felony, Murder, or any other the Crimes wed untu 
 or Misdemeanors comprised in the Second Article, committed pi'e- of civu&oT- 
 vious to the Declaration of Martial Law, nor any person brought to T™™*' 
 Tryal therefor until the restoration of Civil Government as aforesaid. crime°com- 
 FouETHLT.- — Any Militia Officer or Soldier who shall desert to the ™rei?ecitra- 
 Enemy, fly his colors or disclose the watch word, without orders, or ^l°^^^^Xo 
 give a different one from that directed by the proper Officer, or in any te tried un- 
 other respect behave in an unsoldierlike manner, shall suffer such restoration. 
 pain and penalty as shall be fixed by the Court Martial aforesaid. AnyMiiitia 
 
 officer or 
 
 II. And be it, &c., that His Excellency the Governor or Com- seitingto^ 
 mander in Chief for the time being, the Members of His Majesty's ^^^^"^/eV 
 Council for the time being, The Militia Field Officers and Captains such pains 
 be and they are hereby appointed a Council of "War, with power to axed^by^ 
 make such other Articles, not repugnant to the foregoing, or extend- uai"'"*'^' 
 ing to Life, Limb, Corporal Punishment or Banishment, as the ma- g^^^^.;, ^^ 
 jority of such Council of "War as shall be present in Council, shall wartomake 
 judge expedient, and to annex to each Article such punishment as Articfla. 
 they shall think fit by Imprisonment or Fine. Provided such Fine pr„^ij„ 
 for each Transgression do not exceed the Sum of Fifty pounds, and ^™j^'W 
 also provided that a Quorum of such Council of War to carry into of Fines and 
 execution the powers invested in them by this Act, shall consist of the coSncn o°f 
 Governor or Commander in Chief of these Islands for the time being, ^■^■■• 
 three of the Members of His Majesty's Council, a Field Officer and 
 two Captains at least, and that such Field Officers and Captains be 
 natives or have been Inhabitants of these Islands not less than five 
 Tears, and whose Families and Fortunes are chiefly within this Gov- 
 
40 BERMUDA ACTS. [1782. 
 
 Proviso, ernment, and further provided, that no Council of War be held with- 
 of holding"* out a previous and timely notice of the time and place of the sitting 
 cmmcuof ^f g^^jj Council of War, given to the President of His Majesty's 
 Council and the Colonel or other Field Officer, that they may respect- 
 ively give notice thereof to the Members of the said Council and the 
 Militia Officers. 
 
 Courts Mar- HE. And be it, &c., that it shall and may be lawful for the Gov- 
 c'onv °nea emor or Commander in Chief, by and with the advice and consent of 
 stuutei His Majesty's Council, to grant Courts Martial for the Tryal of any 
 Transgression by this Law subjected to the cognizance of such Court, 
 when and as often as they shall deem it necessary or expedient, and 
 also by and with their advice and consent, to nominate and appoint 
 the Members thereof, to consist at least of five persons in all cases, 
 except in cases of life and death, when such Court Martial shall con- 
 sist of at least thirteen persons and that all Sentences of any Court 
 Martial appointed by virtue of this Act, except in cases of life and 
 death be determined by the majority of voices sitting in such Court, 
 and that in cases of life and death if the said Court shall Consist of 
 thirteen members only, that then nine members of such thirteen hold- 
 ing a Court Martial concur in such sentence of death, and if there be 
 more than thirteen members, who shall try any offender, then the 
 Sentence of judgment shall pass by the concurrence of two thirds of the members 
 be executed" who shall SO try such offender. And be it also enacted that no sen- 
 ISport t" tence of a Court Martial of Death shall be carried into execution until 
 ooTernor, after a Report shall be made of the whole proceedings to the Gov- 
 rections omor or Commander in Chief of these Islands for the time being and 
 thereon. j^^^ dircctious shall be signified thereupon. 
 
 SremaS IV. And bc it, &c., that all Civil Pleas and Actions depending 
 Sn^atthe ™ ^^7 °^ either of the Courts of these Islands shall remain and abide 
 restoration in the samc Condition at the restoration of Civil Government, that the 
 emment, IJ samc wcro in at the declaration of Martial Law, without prejudice to 
 ration or'^ either party altho a Term should intervene or any Eule or Order of 
 Martial gycii Courts be not complied with by the Suitor. 
 
 tte'peM°e'to V- And be it, &c., that the Justices of the Peace of these Islands 
 executeMw- shall continuc to execute the powers vested in them by Law for the 
 fui powers punishment of Negroes and Slaves, provided the crimes committed by 
 ishment^o? such IS^cgrocs Or Slaves do not come immediately under the cognizance 
 mlveT '""* of the Court Martial— And that all Yessels duly cleared be permitted 
 cleared ma''' ^° ^^^^ from thosc Islauds duriug the continuance of Martial Law unless 
 sail, unless prevented by a General Embargo. 
 
 prevented r ^ o 
 
 by Embargo. 
 
 Militia Act ^I- And be it, &c., that such parts of An Act of Assembly 
 
 fo°r°ce''d^rin'° ^^ti^'^^'i " An Act for regulating the Militia of these His Majesty's 
 MartiaiLai^ Islands of Bermuda," as arc not repugnant to this Act, shall be and 
 continue in force during the time of Martial Law. Provided always, 
 No°hk.g ^^^ ^t is hereby further enacted and declared by the authority afore- 
 abria"'" ^^^'^^ ^'^^^ nothing contained in this Act shall be Expounded, construed 
 power of the ov uiiderstood to diminish, alter or abridge the power of the Governor 
 dnring^Mir- 0'" Commander in Chief for the time being, but that in all things and 
 tiai Law. upon all occasions he may act as fully and freely as Captain General, 
 
1783.] BERMUDA ACTS. 41 
 
 Governor and Commander in Chief to all intents and purposes, as if 
 this Act had never been made, any thing in this Act in anywise to the 
 contrary notwithstanding. 
 
 VII. Also provided always, and it is hereby Enacted and declared, Nothing 
 &c., that nothing within this Act or any clause therein contained, ^vfVwer 
 shall be deemed, construed or understood to give any Captain General of Banish- 
 or Commander in Chief, any Council of War, or Court Martial, any ™^° ' 
 power or authority to send any person or persons off these Islands 
 against his or their wills. 
 
 And be it, &c., that Every Member of a Court Martial previous to 
 his sitting in Tryal on any Offence in consequence of this Act, shall taten'by * 
 take in the presence of the Chief Justice or some Magistrate to be for co^t'SI"-' 
 the purpose appointed by the Commander in Ciiief for the time being, ''^'■ 
 the following Oath, to wit, 
 
 I A : B : do solemnly Swear on the Holy Evangelists of Almighty 
 God, that I will well and truly to the utmost of my power and ability, 
 without Favour, partiality or affection, discharge the trust reposed in 
 me by An Act intitled " An Act for ascertaining the manner in which 
 Martial Law shall be declared and conducted, whenever the necessities 
 of the Public shall render such a measure Expedient. So "help me 
 God." 
 
 YIII. And be it, &c., that this Act shall be and remain in force 
 for and during the Term of Two Years from the publication hereof ''"'■*"°''- 
 and from thence to the End of the next Session of the Assembly and ^ 
 then to determine and Expire. 
 
 [[Continued indefinitely by Act of 25 May, 1784.] 
 
 AN ACT for the Amendment of an Act, entitled " An Act direct- 
 ing what Wa/rning is to ie given to a Tenant at Will." 
 
 [30 March, 1782.] 
 
 WHEREAS the said Act, entitled " an Act directing what Warn- 
 ing is to be given to a Tenant at Will," has been found, though pro- 
 ductive of considerable Security to the Lessees of Lands in these preamwe. 
 Islands, yet to leave the Lessors in a great measure destitute of any 
 expeditious mode of either compelling the regular payment of their 
 Kents, or of recovering the possession of their Lands and Tenements, 
 in order therefore, to remove this Difficulty, and place the Lessors on 
 an equal footing with the Lessees, 
 
 I. We, &c., and be it enacted, &c., that from and after the 
 publication hereof all Kents arising from Houses, Lands, Wharfs, ah rents 
 Tenements, Hereditaments, or any other Eeal Estate within these ^"bef^se 
 Islands already letten, or hereafter to be lett, shall, unless other- JJ'P'^^'^f^. 
 wise expressly stipulated in a written Agreement or Lease, duly ea payable 
 executed by the Lessor and Lessee, be deemed, adjudged, and " -y^^'y- 
 taken to be payable Half Yearly. And that in case any Eent 
 shall be in arrear for the space of Ten Days next after the same 
 
42 BERMUDA ACTS. [1782. 
 
 da^'in™ ®^^^^ become due as aforesaid, it shall and may be lawful for the 
 rear may be Lessor to apply to any Justice of the Peace either of the parish 
 wSan" "^ where the Tenant or Lessee shall dwell or reside, or some neighbor- 
 
 '" v.i"^""' ina; Justice of the Peace, prove the Quantum of such Eent, and there- 
 of the peace, o ^ ' r ^^ , J. 1 J. r^ 
 
 upon obtain a W arrant from such J ustice, to be directed to a non- 
 stable of the parish where such Lands, Tenements, Hereditaments, or 
 other Keal Estate, may lay, authorising such Constable to enter at 
 any time in the day, into or upon such Houses, Lands, Tenements, 
 Hereditaments and other Eeal Estate, and there levy such and so 
 many Goods, Chattels, Negroes, or other Personal Estate as shall be 
 deemed sufficient to defray thd said Eent, and the incidental Charges, 
 which said Goods being first appraised by two fit Persons, approved 
 by the Justice aforesaid, shall, at the expiration of Ten Days next 
 after the time of such Levy, be sold at Public Outcry (due Notice of 
 the Time and Place of such Sale being previously given by Public 
 Advertisements) and after paying the. Eent due to the Lessor, with 
 the incidental Charges, to return the Overplus to the Person or Per- 
 sons of whom the same had been so levied. 
 
 Proviso that JJ_ Provided always, and it is hereby enacted, &c., that it shall 
 mlyrl-^ and may be lawful for the Person or Persons whose Goods, Chattels, 
 pie'^y- Negroes, or other Personal Estate shall be levied, to sue out from the 
 Courts of King's Bench, Common Pleas, Oyer and Terminer, General 
 Goal Delivery and Assize, a Writ for the replev3'ing of such Goods, 
 Chattels, or other Personal Estate, in the usual Mode, and under the 
 like Eestrictions, adopted in the Courts at Westminster, in that part 
 of Great Britain called England, at any Time prior to the sale of such 
 Goods, Chattels, Negroes, or other Personal Estate. 
 
 in. And be it also enacted, &c., that any Lessee of Lands not 
 holding under an actual written Agreement or Lease, being minded 
 nouce^of ^^ yield up any Premises by him or her occupied, shall give Six 
 quitting. Months previous Notice of such Intention to the Lessor, or his law- 
 ful Attorney, at the expiration of which Time it shall be lawful 
 Or receiving ^01' such Lesscc to quit the demised Premises. And that when and 
 notice and as oftcu as any Lessee shall have received proper and due Notice 
 attheexpir- from his or her Landlord to quit the demised Premises, and shall 
 minto'Say not render up peaceable and quiet possession of such demised Prem- 
 war^int*'"' ^^^^ *° *^® Lcssor, at the expiration of Six Mouths after such No- 
 fromjusUce. ticc (cxcept in some written Agreement betM'een the Lessor and 
 Lessee, otherwise particularly stipulated) it shall and may be law- 
 ful for any Justice of the Peace, on due Proof of the Facts being 
 clearly made, to grant a A¥arrant to the Constable of the Parish 
 where the demised Premises shall lay, to oust and turn out of Posses- 
 sion such Lessee, any Law, Usage, or Custom to the contrary in any 
 Proviso as to '^^®® notwithstanding. AlwAys provided that all verbal Agreements 
 eSng''' ° now subsisting between the Owners and Tenants of any Lands, Ten- 
 ag,-eements. gj^gntg^ or othcr Ecal Estate for the holding for any Period beyond a 
 Year, be not aflfected by this Act, but be in such force as if this Act 
 sus endin ^^^ novcr bccn made. And that this Act be not in force until His 
 waSs™ ""^ Majesty's Pleasure shall be had thereon, and made known in these 
 Islands. 
 
 [Confirmed 16 January, 1788. And see Acts of 1690-1691, — of 1838 No. 10 and 1846 
 No. 1.] 
 
 Lessee to 
 give six 
 
1782.] BERMUDA ACTS, 43 
 
 AN ACT as well for the limitation of certain personal Actions and 
 ofuoicUng of Suits, as for the amendment of the La/w., and the het- 
 ter admanoement of Justice. 
 
 [80 March, 1'782.] 
 
 FOR the limitation of certain personal Actions, the avoiding of Preamble. 
 Suits, the amendment of the Law in several particulars, and for the 
 easier, speedier and better advancement of Justice : 
 
 I. We, &c., that all Actions of Trespass quare clausum f regit, Actions up- 
 all Actions of Trespass, Detinue, Trover, and Replevin for taking ™therthan 
 away Goods and Chattels, all Actions of Accounts, and upon the Actiinsfo?' 
 Case, other than such Accounts as concern the Trade of Merchandize ^°J°„™*f„j 
 between Merchant and Merchant, their Factors or Servants, all Trespass, 
 Actions of Debt grounded upon any lending or Contract without Snae, and 
 specialty, all Actions of Debt for arrearages of Rent, and all Actions andaSkJus 
 of Assault, Menace, Battery, Wounding and Imprisonment, or any of of Trespass 
 them, which shall be sued or brought at any time after thd first day be com-' ° 
 of Novemher next, shall be commenced and sued within the time and S™x^yeTr? 
 limitation hereafter expressed, and not after : that is to say, the said canse'of 
 Actions upon the Case (other than for Slander) and the said Actions Action. 
 for account, and the said Actions for Trespass, Debt, Detinue, and uons^o"^" 
 Replevin for Goods or Chattels, and the said Actions of Trespass AsSt^'""^ 
 quare clausum f regit, within three years next after the first day of Battery', 
 Jsfovemher next ; or within six years next after the cause of such Ac- o/imprfson- 
 tions or Suits, and not after : and the said Actions of Trespass of Suryea's"" 
 Assault, Battery, Wounding, Imprisonment or any of them, within one ciuse'of 
 year next after the said first day of November next, or within four Action, 
 years next after the Cause of such Actions or Suit, and not after: uponthe'""' 
 And the said Action upon the case for Words, within one year next Sords*°with- 
 after the said first day of November, or within two years next after in two' years 
 
 . after the 
 
 the words spoken, and not after. Yet nevertheless be it enacted, &c., words 
 that if in any of the said Actions or Suits Judgment be given for the *°''^°- 
 Plaintiff, and the same be reversed by Error, or a Verdict pass for the ?i?™°- . 
 
 T-»i ••/¥» T nil* pTT ITT If Judgmcnt 
 
 rlamtiir, and upon matter alledged in arrest oi Judgment, the Judg- forpiaintiff 
 ment be given against the Plaintiff, that he take nothing by his Plaint, onsiTorror 
 Writt or Bill, or if any of tlie said Actions shall be brought by Origi- defendant' 
 nal, and the Defendant therein be outlawed and shall after reverse ^^^j?""'^^' 
 the Outlawry ; that in all sucli Cases, the party Plaintiff', his heirs lam-y re- 
 executors or administrators as the case shall require, may commence piaintlkmay 
 a new Action or Suit from time to time, within a year after such Judg- ^'"s a new 
 
 T -r 1 • • T fji • 'Xf r\ Action with- 
 
 ment reversed, or such Judgment given against the Plamtiii, or Out- in one year 
 
 1 1 1 J. i>i. ° thereafter. 
 
 lawry reversed, and not alter. 
 
 II. And be it, &c., that in all Actions of trespass quare clausutn inActionsof 
 fregit hereafter to be brought wherein the Defendant or Defendants cffftf the 
 
 shall disclaim in his or their Plea to make any title or claim to the J'^^jJ^"' 
 Land in which the trespass is by the Declaration snjiposed to be done, title, and , 
 and the trespass be by negligence or involuntary, tlie Defendant or amends, he 
 Defendants shall be admitted to plead a Disclaimer, and that the tres- ™v'er'dicti"or 
 pass was by negligence or involuntary, and a tender or offer of sufS- JJ^^^'^^fF, 
 cient amends for such trespass before the Action brought ; whereupon and barred. 
 
44 
 
 BERMUDA ACTS, 
 
 [1782. 
 
 In Actions 
 for words, 
 where the 
 Damages are 
 under 40 a. 
 the Plaintiff 
 shall recover 
 no more 
 Costs than 
 damages. 
 
 In favour of 
 persons un- 
 der disabili- 
 ties. 
 
 On Demur- 
 rer no de- 
 fects to be 
 regarded, 
 except those 
 specially as- 
 signed as 
 Causes of 
 Demurrer. 
 
 Certain 
 matters for 
 which no 
 exception 
 shall be 
 taken. 
 
 or upon some of them the Plaintiff or Plaintiffs shall be enforced to 
 join Issue ; and if the said issue be found for the Defendant or Defend- 
 ants, or the Plaintiff or Plaintiffs shall be nonsuited, the Plaintiff or 
 Plaintiffs shall be clearly barred for the said Action or Actions, and 
 all other Suit concerning the same. 
 
 III. And be it, &c., that in all Actions upon the Case for slander- 
 ous words, to be sued or prosecuted by any person or persons in any 
 Court of Eecord within these Islands, that hath power to hold plea 
 of the same after the publication hereof, if the Jury upon the tryal of 
 the Issue in such Action, or the Jury that shall enquire of the Dam- 
 ages, do find or assess the damages under forty shillings ; then the 
 Plaintiff or Plaintiffs in such Action shall have and recover only so 
 much Costs as the damages so given or assessed amount unto, with- 
 out any further increase of the same : any Law, Statute, Custom or 
 usage of that part of Great Britain called England or of these Islands 
 to the contrary in any wise notwithstanding : Provided always, and 
 be it further enacted, &c., that if any person or persons that is or 
 shall be entitled to any such Action of Trespass, Detinue, Action of 
 Trover, Eeplevin, Action of Accounts, Actions of Debt, Actions of 
 Trespass for Assault, Menace, Battery, Wounding or Imprisonment, 
 Actions upon the Case for Words, be or shall be at the time of any 
 such Cause of Actions gi^ en or accrued, fallen or come, within the 
 age of twenty one years, feme covert, non compos mentis, impris- 
 oned, or beyond the seas ; that then such person or persons shall be at 
 liberty to bring the same Actions, so as they take the same within such 
 times as are before limited, after their coming to, or being of full age, 
 discovert, of sane memory, at large, and returned from beyond the 
 seas, as other persons having no such impediment should have done. , 
 
 IV. And be it, &c., that from and after the said first day of No- 
 vember next, where any Demurrer shall be joined and entered in any 
 Action or Suit in any Court of Record within these Islands, the 
 Judge or Judges shall proceed and give Judgment according as the 
 very right of the Cause and matter in law shall appear unto him or 
 them, without regarding any imperfection, omission or defect in any 
 Writ, Retui-n, Plaint, Declaration or other Pleading process or course 
 of proceeding whatsoever ; except those only which the party demur- 
 ring shall specially and particularly set down and express together 
 with the Demurrer as causes of the same ; notwithstanding that such 
 imperfection, omission or defect anight have heretofore been taken to 
 be matters of substance, and not aided by the statute made in the 
 Twenty seventh year of Queen Elizabeth, entitled " An Act for the 
 furtherance of Justice in case of Demurrer and pleading," (or any 
 other Statute of England made prior to the settlement of these Is- 
 lands;) so as sufiicient matter appear in the said pleadings, upon 
 which the Court may give Judgment according to the very right of 
 the Cause ; — and therefore from and after the said first day of Novem- 
 ber next, no advantage or exception shall be taken of or for an imma- 
 terial traverse, or of or for the default of entering pledges upon any 
 Bill or Declaration, or of or for default of alledging the bringing into 
 Court any Bond, Bill, Indenture or other Deed whatsoever, men- 
 tioned in the Declaration or other pleading, or of or for the default of 
 
1782.] BERMUDA ACTS. 45 
 
 alledging of the bringing into Court Letters Testamentary or Letters 
 of Administration, or of or for the omission of vi et armis, et contra 
 pacem, or either of them, or of or for the want of averment of hoo 
 pa/ratus est verifioa/re, or hocpa/ratus est verifica/re per recordum, or of 
 or for not alledging pro ut patet per recordwrn ', but the Court shall 
 give Judgment according to the very right of the Cause as aforesaid, 
 without regarding any such imperfections, omissions and defects, or 
 any other matter of like nature, except the same shall be specially 
 and particularly set down and shewn for Cause of Demurrer. 
 
 Y. And be it, &c., that from and after the said first day of No- j'/ofaulex- 
 verriber next, all the Statutes of Jeofails now in force in England, tended to 
 shall be extended to Judgments which shall at any time afterwards by OMf«- 
 be entered upon Confession, Nihil dicit, or non sum informatus, in ''°°' 
 any Court of Eecord, and no such Judgment shall be reversed, nor 
 any Judgment upon any Writ of Enquiry of Damages executed 
 thereon, be staid or reversed, for or by reason of any imperfection, 
 omission, defect matter or thing whatsoever, which would have been 
 aided and cured by any of the said Statutes of Jeofails, in case a Ver- 
 dict of twelve men had been given in the said Action or Suit : so as 
 there be an original Writt or BiU, and Warrants of Attorney duly 
 filed according to the law as now used. 
 
 VI. And be it, &c., that from and after the said first day of Defendant 
 November ' next, it shall and may be lawful for any Defendant or i^n'RepS^n) 
 Tenant in any Action or Suit, or for any Plaintiff in Keplevin, in any ™^^j'^'°^at- 
 Court of Eecord, with the leave of the same Court, to plead as many ters, with 
 several matters thereto as he shall think necessary for his defence : co^rl" 
 Provided n&vertheless, that if any such matter shall, upon a Demurrer proviso. 
 ioined, be adjudged insufficient, Costs shall be given at the discretion For costs 
 of the Court ; or if a Verdict shall be found upon any Issue in the said Judge cer- 
 Cause for the Plaintiffs or Demandants, Costs shall be also given in like "'''" 
 manner ; unless the Judge who tried the said Issue shall certify that Proviso. 
 the said Defendant or Tenant, or Plaintiff in Replevin, had a probable hereto fo ex- 
 Cause to plead such matter, which upon the said Issue shall be found Appe'a°iof^ 
 against him. Provided always, and be it enacted, &c., that nothing J^'^^J^"- 
 in this Act before contained shall extend to any Writt, Declaration or indictment 
 Suit of Appeal of Felony or Murder ; or to any Indictment or pre- Feio'ny 0°"' 
 sentment of Treason, Felony or Murder, or other matter, or to any Action up™ 
 process upon any of them, or to any Writ, Bill, Action or Information 1™^^^ 
 upon any penal statute. 
 
 VII. And be it, &c., that from and after the said first day of no dilatory 
 November next, no dilatory Plea shall be received in any Court of aii?w'e°d " 
 Record, unless the party offering such Plea do by affidavit prove the aa*?o'f'''°' 
 truth thereof ; or shew some probable matter to the Court to induce truth. 
 them to believe that the fact of such dilatory Plea is true. 
 
 VIII. And be it, &c., that from and after the said first day of |5i,^,f j^Jf 
 November next, if any Action of Debt shall be brought upon any oxsci.-fd: 
 Single Bill, or if any Action of Debt or sci/re facias shall be brought ment"^o*r 
 upon any Judgment, if the Defendant hath paid the money due upon Bond°with 
 such Bill or Judgment, such payment shall and may be pleaded in Bar °°°^'j™~ 
 of such Action or Suit ; and if any Action of Debt is brought upon may"bT 
 
46 
 
 BERMUDA ACTS. 
 
 [1782. 
 
 pleaded in 
 Bar. 
 
 any Bond which hath a Condition or Defeazance to make void the 
 same, upon payment of a lesser sum at a day and place certain, if the 
 Obligor his heirs executors or administrators have, before the Action 
 brought, paid to the Obligee his executors or administrators, the prin- 
 cipal and interest due by the Defeazance or Condition of such Bond, 
 though such payment was not made strictly according to the Condition 
 or the Defeazance, yet it shall and may nevertheless be pleaded in bar 
 of such Action, and shall be as effectual a Bar thereof, as if the money 
 had been paid at the day and place according to the Condition or De- 
 feazance, and had been so pleaded. 
 
 IX. And be it, &c., that if at any time pending an Action upon 
 any such Bond with a penalty, the Defendant shall bring into the 
 Court where the Action shall be depending, all the Principal money 
 and interest due on such Bond, and also all such Costs as have been 
 expended in any Suit or Suits in Law or Equity upon such Bond, the 
 said Money so brought in shall be deemed and taken to be in full satis- 
 faction and discharge of the said Bond, and the Court shall and may 
 give Judgment to discharge every such Defendant of and from the 
 same accordingly. 
 
 X. And be it, &c., that all Suits and Actions in the Court of Ad- 
 miralty for Seamen's Wages, which shall become due after the said first 
 day of Novemher next, shall be commenced and sued within six years 
 next after the cause of such Suits or Actions shall accrue, and not 
 after. 
 
 XI. Provided nevertheless and be it further enacted, that if any 
 person or persons who is or shall be entitled to any such Suit or Ac- 
 tion for Seaman's Wages, be or shall be at the time of any such Cause 
 of Suit or Action accrued, fallen or come, within the age of twenty 
 one years. Feme Covert, Non combos mentis, imprisoned or beyond 
 the seas ; that then such person or persons shall be at liberty to bring 
 the same Actions, so as they take the same within six years next after 
 their coming to or being of full age. Discovert, of sane memory, at 
 large, and returned from bej'ond the seas. 
 
 XII. And be it, &c., that if any person or persons against whom 
 there is or shall be any such Cause of Suit or Action for Seamen's 
 Wages, or against whom there shall be any Cause of Action of Tres- 
 pass, Detinue, Actions Sur Trover, or Replevin for taking away 
 Goods or Chattels, or of Action of Account, or ujDon the Case, of 
 Debt grounded upon any lending or Contract without Specialty, of 
 Debt for arrearages of Pent, or Assault, Menace, Battery, Wounding, 
 and Imprisonment, or any of them, be or shall be at the time of any 
 such Caiise of Suit or Action, given or accrued, fallen or become, be- 
 yond the Seas ; that then such person or persons who is or shall be 
 entitled to any such Suit or Action, shall be at liberty to bring the said 
 Actions against such person and persons, after their return from be- 
 yond the Seas ; so as they take the same after their return from be- 
 yond the Seas, within such times as are respectively limitted for the 
 bringing of the said Actions before by this Act. 
 
 Warranties ^'ill- And bc it, &c., that all Warranties made by any Tennant 
 bytenanttor fop life of any lauds, tenements or hereditaments, the same descend- 
 
 lifs void • ' 
 
 against Re- lug 01' coiQing to any person or persons in Reversion or Remainder, 
 
 In Debt on 
 Bond with a 
 penalty, 
 Defendant 
 may pay in- 
 to Court the 
 principal 
 Interest and 
 Costs, and 
 be dis- 
 charged. 
 
 Admiralty 
 suits for Sea- 
 men's 
 Wages, to 
 be sued 
 within six 
 years. 
 
 Proviso, 
 in favour of 
 Infants, &c. 
 
 Further time 
 in case of 
 Defendant 
 being be- 
 yond seas. 
 
1782.] BERMUDA ACTS. 47 
 
 shall be void and of none effect : and likewise all Collateral Warrant- mamdev- 
 ies made of any lands, tenements or hereditaments, by any Ancestor collateral 
 who has no Estate of Inheritance in possession in the same, shall be byT "' 
 void against his Heir. 
 
 ranties 
 Ancestor. 
 
 able in cer- 
 tain cases. 
 
 Auditors in 
 
 XIV. And be it, &c., that from henceforth Actions of Account Actions of 
 shall and may be brought and maintained against the Executors and maintain- 
 Administrators of any Guardian, Bailiff and Eeceiver, and also by one 
 Joint-tenant and Tenant in Common his Executors and Administra- 
 tors, against the other, as Bailiff, for receiving more than comes to his 
 just share or proportion, and against the Executor and Administrator 
 of such Joint-tenant or Tenant in Common. And the Auditors ap- 
 pointed by the Court, where such Action shall be depending, shall be Account 
 and are hereby empowered to g,dminister an oath, and examine the istera'oath"^ 
 parties touching the matters in qxiestiou : and for their pains and r«?6onabie 
 trouble in auditing and taking such Account, have such allowance as allowances. 
 the Court shall adjudge to be reasonable, to be paid by the party on 
 whose side the Ballance of the Account shall appear to be. 
 
 XV. And be it, &c., that from and after the said first day of no person 
 JSfovember next ensuing, no person or persons who shall happen to be der^wHtin 
 arrested by the Sheriff or Provost Marshall or his Deputy, or by any which the 
 Coroner, by force or colour of any "Writt, Bill or Process, issuing or Action is not 
 to be issued out of any Court of Eeeord in these Islands in which and'hSie 
 said Writt Bill or Process, the certainty and true cause of Action is ^i^^ff^'- 
 not expressed particularly, and for which the Defendant or Defend- fee com- 
 ants in such Writt Bill or Process named is and are bailable by the Jve^Baiuor 
 Statute in that behalf made in the three and twentieth year of the ^u.''""'" 
 Reign of the late King Henry the Sixth, shall be forced or compelled 
 
 to give security, or to enter into Bond with Sureties for the appear- 
 ance of such person or persons so arrested, at the day and place in the 
 said Writt Bill or Process specified or contained, in any penalty or 
 sum of money exceeding the sum of Forty Pounds current money, to 
 be conditioned for such appearance : And that the Sheriff, Provost 
 Marshall or Coroner shall let to Bail and deliver out of Prison, and 
 from his custody, all and every person and persons whomsoever by 
 him so arrested, npon any such Writ, Bill or Process, wherein the 
 certainty and true cause of Action is not particularly expressed, upon 
 security in the sum of Forty Pounds, and no more, given for appear- 
 ance of such person or persons so arrested unto the said Sheriff or Pro- 
 vost Marshall or Coroner, according to the said Statute in the said 
 three and twentieth year of the Eeign of the said late King Henry the 
 Sixth, in that behalf made and provided : — Provided always, that this p^oTiso. 
 Act, nor any Clause or thing hereinbefore specified or contained, shall J^°"°^^^;. 
 not extend nor be construed or taken to extend, unto any Arrests here- rests in out- 
 after to be made upon or by virtue of any Writ of Capias JJflagatum, kSus «" 
 Attachment npon Rescous, Attachment upon any Contempt, or of any contempt. 
 Attachment of priviledge at the Suit of any priyiledged person, or of 
 any other Attachment for Contempt whatsoever, issuing or to be 
 issued out of any Court of Judicature in these Islands, although there 
 be no particular certainty of the Cause of Action expressed or con- 
 tained in such Writs ; but that nevertheless no Sheriff or Provost Mar- 
 shall, or his Deputy or Coroner, shall discharge any person or persons 
 
48 BERMUDA ACTS. [1784. 
 
 taken upon any "Writ of Cmias JJtlagabwm out of custody, without a 
 lawful Supersedeas : and tnat upon the said Writts of Attachment 
 such lawful course be taken for security for appearance therein, as 
 hath been heretofore used, any thing herein before expressed to the 
 contrary thereof in any wise notwithstanding. 
 
 AN ACT to prolong and make indefinite am Act intitled "An Act 
 for ascertaining the marwier in which Ma/rUal Law shall ie de- 
 clared amd conducted whenever the necessities of the PiMic 
 shall render such a measwre eaypedient.V 
 
 [25 May, I'ZSl.] 
 
 "WHEREAS the said Act intitled "An Act for ascertaining the 
 Preamble, juauner in which Martial Law shall be declared and conducted when- 
 ever the necessities of the Public shall render such a measure ex- 
 pedient," was made, passed and published on the second day of 
 April, one thousand seven hundred and eighty-two, and was to con- 
 tinue in force for and during the term of two years from the publi- 
 cation thereof, and thence to the end of the next Session of Assembly, 
 and then to determine and expire : And Whereas it is a matter of the 
 first consideration with the good people of these Islands, that the 
 mode of declaring and conducting Martial Law should be fixed, posi- 
 Act of 1782 *^^® ^^*^ permanent : "We, therefore, &c. — that the said Act intitled 
 made indefl- " An Act for ascertaining the manner in which Martial Law shall be 
 ""■ declared and conducted whenever the necessities of the Public shall 
 
 render such a measure expedient," be prolonged, and the same hereby 
 is declared to be prolonged and rendered indefinite. 
 
 AN ACT to permit and allow vessels not having dutiable goods dn 
 hoard, to enter and clear at the Custom Souse without heing sub- 
 jected to the necessity of being within the Harbour of Swmt George, 
 in the Islands of Bermuda, at the time of such entyry or clearance. 
 
 [25 May, n84.] 
 
 "WHEREAS the Trade of these Islands has been at different times 
 Preamble, heretofore harrassed and considerably prejudiced by vessels being im- 
 properly subjected to the necessity of being within the Harbour or 
 Port of Saint George at the time of such vessels Entering or •clearing 
 at the Custom House and Public Ofiices, from which no Emolument . 
 or advantage has arisen to the Crown, but considerable Expense, 
 Hazard and Inconvenience tin avoidably imposed on Individuals En- 
 gaged in Commerce, to whom it is the disposition of our Most 
 Gracious Sovereign that every reasonable and proper Encouragement 
 should be given : In order, therefore. Effectually to prevent svich 
 difiiculties in future ; 
 
 sea?che?8* "^' ^®' *^°'' ^^^.^® ^* Euactcd, «fec., That it shall not on any occasion 
 clrtmcftl whatever, at any time hereafter be lawful, or in the power of any 
 
1784.] BERMUDA ACTS. 49 
 
 Governor or Commander in Chief of these Islands by Proclamation or not to be 
 otherwise to compel or subject any Vessel whatever to the necessity of f" be in the 
 being in the Harbour of Saint George, previous to its entrance or g"e°".j°J 
 clearance at the Customs, but that in all cases a Certificate from a previous to 
 Searcher or Preventive Oificer of the Customs that any Vessel has deamnce"' 
 been inspected by him in such manner as has been heretofore prac- 
 tised, or as shall be by the Governor or Commander in Chief for the 
 time being by and with the advice and Consent of His Majesty's 
 Council, deemed and declared to be expedient to the security of His 
 Majesty's Revemie, shall entitle such Vessel to an Entry or Clearance 
 at the Customs and other public offices as fully and amply to every 
 intent and purpose, as if such Vessel was then actually within the 
 Harbour or Port of Saint George, any Law, Usage or Custom to the * 
 
 contrary thereof in any wise notwithstanding. 
 
 Always provided that this Act shall not extend or be construed to No°™°pLe- 
 extend to prevent or hinder the Collector of His Majesty's Customs J^°l°a"ing 
 for the time being from ordering and compelling any Ship or Vessel vessels im- 
 importing or Exporting any Goods that may be liable to pay Duties exporting 
 to His Majesty, his Heirs and Successoi-s to repair and come to the said g^JaJ'to 
 Town of Saint George for the better collecting of such Duties. ^™f 'JJ^^'- 
 
 And also always provided that this Act be not in force until His suspending 
 Majesty's pleasure shall be had thereon and made known within these c'anse. 
 Islands. 
 
 [Confirmed 24 December, 1784.] 
 
 AN ACT yor the more effectual prevention of damage from Persona 
 passing over any Wall, Ditch, Sedge, or other Inolosure. 
 
 [25 May, 1'784.] 
 
 * 
 
 "WHEREAS many Inconveniences have arisen to land holders, 
 who have been at considerable Expense to enclose their land, from 
 Persons passing over their Inclosures, by which the end proposed in 
 making them is, in a great measure, defeated : 
 
 I. "We, &c., and be it enacted, &c., that if any Person shall penalty for 
 climb over or otherways pass any Wall, Fence, Hedge, Ditch or P^^^'i^V^" 
 Gate of any inclosure through which no road is established in the land where 
 manner by Law directed, or shall be found within such inclosure, estawShMi 
 he, she or they so offending shall upon proof being made thereof ■'°^'*- 
 before any one or more of His Majesty's Justices of the Peace, 
 forfeit and pay the Sum of Two shillings and Eight pence for 
 Every such Offence over and above any penalty heretofore imposed 
 on Persons committing Trespasses — And in case of refusal to pay the 
 same, it shall be lawful for the Justice by his Warrant to cause the 
 same to be levied or distrained for on the Goods and Chattels of such 
 offender — and that such Penalty (the Costs of prosecution being first 
 deducted) be paid into the hands of the Church Wardens of the Par- 
 ish where the offence shall be committed, to be applied to the pur- 
 pose of defraying the incident charges of such Parish. 
 
 7 
 
 Preamble. 
 
50 
 
 BERMUDA ACTS. 
 
 [1786. 
 
 II. And be it, &c., that the proprietor of any Slave oifending 
 
 Proprietors 
 
 of Blares , , ^ ^ 
 
 Stable ^g^i^ist this Act, shall be accountable for such Trespass, as if such 
 for penal- Proprietor had committed the same, and liable to the like Penalty and 
 Forfeiture. 
 
 Duration. III. And be it, &c., that this Act shall continue in force from the 
 
 first day of June next, to the first day of June, one thousand seven 
 hundred and eighty-six, and so to the end of the next Session of As- 
 sembly, and then to determine and expire. 
 
 [Continued indefinitely by Act of 29 June, 1Y93.] 
 
 A'N ACT for the better recovery of deits due on promissory notes, and 
 the assignment of Bonds, obligations and notes. 
 
 [10 May, I'ZSe.] 
 
 Preamble. 
 
 Promissory 
 Notes to be 
 deemed pay- 
 able to the 
 payee. 
 
 And when 
 payable to 
 the payee or 
 order, to be 
 endorsable. 
 
 Payee may 
 maintain ac- 
 tion against 
 Maker. 
 
 Indorsee 
 may main- 
 tain Action 
 against 
 Maker or In- 
 dorsers. 
 
 WHEREAS the making promissory notes negotiable and the 
 allowing of Bonds, Bills and other obligations to be assignable has 
 been found to have a tendency to benefit and advantage the commer- 
 cial transactions of this country : 
 
 I. We, &c., and be it enacted, &c., that all notes in writing that 
 from and after the first day of June next shall be made and signed by 
 any person or persons. Body politic or corporate, or by the Servant of 
 any Merchant or Trader who is actually entrusted by him or them to 
 Sign such promissory notes for him, her or them, whereby such per- 
 son or persons, Body politic or corporate, his, her or their Servant or 
 Agent as aforesaid doth or shall promise to pay to any other person or 
 persons, Body politic or corporate, his, her or their order, or unto the 
 Bearer of such note, any Sum of Money mentioned in such note, shall 
 be taken and construed to be by virtue thereof due and payable to 
 such person or persons. Body politic or corporate to whom the same is 
 made payable; and also every such note payable to any person or 
 persons, Body politic or corporate, his, her or their order, shall be as- 
 signable or endorsable over ; and that the person or persons Body 
 politic or corporate to whom such sum of Money is or shall be by 
 such note made payable, shall and may maintain an Action for the 
 same in such manner as is by Law directed for the recovery of Debts 
 in these Islands, against the person or persons. Body politic or corpo- 
 rate, who, or whose Servant or Agent as aforesaid signed the same ; 
 and that any person or persons. Body politic or corporate to whom 
 such note that is payable to any person or. persons Body politic or cor- 
 porate, his, her or their order is indorsed or assigned, or the money 
 therein mentioned ordered to be paid by endorsement thereon, shall 
 and may maintain his, her or their Action for such sum of money, 
 either against the person or persons, Body politic or corporate, who, or 
 whose Servant or Agent as aforesaid signed such note, or against any 
 of the persons that indorsed the same ; And in Every such action the 
 plaintiff or plaintiffs shall recover his, her or their Damages and Costs 
 of Suit ; And in case such plaintiff or plaintiffs shall be nonsuited, or 
 a Verdict given against him, her or them, the Defendant or Defend- 
 
3 own 
 name. 
 
 1786.] BERMUDA ACTS. 51 
 
 ants shall recover Ms, her or their Costs against the plaintiff or plain- 
 tiffs ; and every such plaintiff or plaintiffs, Defendant or Defendants 
 so respectively recovering, may sue out execution for such damages 
 and costs by capias ad satisfaciendwm or fieri facias. 
 
 II. And be it, &c., that from and after the said first day of June Bonds made 
 next it shall and may be lawful to and for any person or persons, Body *™'«°*'''*- 
 politic or corporate to assign endorse and transfer any Bond, Bill or 
 other obligation by which me payment of any monies shall be secured 
 to such person or persons, Body politic or corporate, to any other per- 
 son or persons, Body politic or corporate whatever, and that the 
 Assignee or Assignees, Indorsee or Indorsees of such Bond, Bill or other Assignee 
 obligjition his and their Executors, Administrators and Successors by b^\ ™° '" 
 virtue of such assignment or Indorsement shall and may have lawful 
 ' power to commence and prosecute any suit at law in his, her or their 
 own name or names for the recovery of any debt due by such Bond, 
 Bill or other Obligation, as the first obligee his executors or adminis- 
 trators might or could lawfully do : Provided always that in any Suit Proviso. 
 upon any promissory Note, Bond, Bill or other obligation so made, Siow'Ss-" 
 assigned, indorsed or transferred, the plaintiff or plaintiffs shall allow S'™ds°e'ith^" 
 a Discount of all Demands which the Defendant or Defendants can er against 
 prove either against the plaintiff or plaintiffs, himself, herself or them- t™totobii- 
 selves, or against the first obligee before notice of such assignment lotice^oras- 
 was given to the Defendant or Defendants. signment. 
 
 m. And be it, &c., that this Act continue in force until the first Duration. 
 day of June in the year of our Lord, one thousand Seven hundred and 
 ninety six, and then determine and Expire. 
 
 [Continued indefinitely by Act of 20 April, 1830.] 
 
 AN ACT to prevent Frauds and Abuses in Mortgages or other Con- 
 ditional Conveyances of Property. 
 
 [10 May, 1786.] 
 
 "WHEKEAS the Act heretofore passed for the prevention of Frauds preamble, 
 and Abuses in Mortgages or other conditional Conveyances of Prop- 
 erty, was, during its continuance, found to be productive of great 
 Advantages to the Community : 
 
 I. We, &c., and be it enacted, &c., that all Persons holding Mort- Persons 
 gages or other conditional Conveyances of Property, which, from and mortgages 
 after the first Day of Octdb&v ia.ext, shall be made and executed by any ^i|.?,'J^f°°°" 
 Person or Persons in these Islands, shall give into the Secretary's veyances to 
 Office of these Islands the Names of the Mortgager and Mortgagee, Srs™oreta- 
 the Date of such Mortgage or conditional Conveyance, the particular JJ^^ °g^';^j' 
 Property mortgaged or conditionally conveyed, and the Sum secured dates, par- 
 thereby ; and in case any Person holding any such Mortgage or other theVr?per- 
 conditional Conveyance, shall omit or neglect to comply with the Di- b^;.*"^'*,""" 
 rections aforementioned, that then any Person who shall accept or 
 take any subsequent Mortgage or conditional Conveyance on the same 
 Property, and shall first give to the said Secretary's Office the Sub- 
 
52 
 
 BERMUDA ACTS, 
 
 [1786. 
 
 Mortgages 
 and other 
 conditional 
 Conveyan- 
 ces to take 
 priority in 
 succession 
 as regis- 
 tered. 
 
 Secretary to 
 register the 
 substance 
 and con- 
 tents of 
 mortgages 
 and condi- 
 tional Con- 
 veyances, 
 with the time 
 when report- 
 ed to him. 
 
 His fee, and 
 penalty for 
 neglecting 
 to register. 
 
 stance of such subsequent Mortgage or conditional Conveyance, in 
 such manner as is herein before directed, shall be deemed the first 
 Mortgagee of such Property, and recover the Sum or Sums of Money 
 secured by such subsequent Mortgage, in any Court of Kecord in these 
 Islands, in the same manner as though such Property had been first 
 conditionally conveyed to him ; and that all other Mortgages or other 
 conditional Conveyances of Property shall take place, and their valid- 
 ity be ascertained and determined in such regular succession as they 
 shall be registered in the said Secretary's Office in the manner before 
 directed. 
 
 II. And be it, &c., that the Secretary for the Time being of these 
 Islands, or his Deputy, shall, when required, register in a Bocjk, by 
 him for that purpose to be kept, the Substance and Contents of any 
 Mortgage or other conditional Conveyance of Property in the manner 
 herein before directed, together with the Time when such Keport shall 
 be to him made, for which Service he shall receive the Sum of Two 
 Shillings current Money from the Person making such Keport ; and 
 in case the Secretary for the Time being shall neglect, omit or refuse 
 to register the Substance or Contents of any Mortgage or other Con- 
 veyance of Property as herein before directed, when called on and 
 tendered his legal Fee for such Service, he shall forfeit and pay to 
 such Person as shall be agrieved by such his neglect, omission or refu- 
 sal, all such Damages as such Person shall prove that he has sustained 
 thereby, to be recovered in any Court of Kecord in these Islands by 
 Bill, Plaint, Information or otherwise, wherein no Essoin, Protection 
 or Wager of Law shall be allowed. 
 
 AN ACT Laying an Im^posiUon on the raising the Flats Bridge. 
 
 [10 May, 1786.] 
 
 Preamble. WHEREAS the raising of the Bridge at the Flats is not only 
 
 injurious to the same, but also is injurious to many Persons, by pre- 
 venting their Passage over the same Bridge during the Time it shall 
 be so raised ; and as the raising of the said Bridge is of Advantage 
 only to a few Persons, it is therefore reasonable that they should pay 
 to the Public a Gratuity for the same : 
 
 Penalty on I. We, &c., and bc it enacted, &c., that if any Person or Per- 
 
 Ftat8°Bridge sons shall, from and after the eleventh Day of October next, raise the 
 Wooden Bridge, commonly called the Flats Bridge, not having a 
 Licence for so doing from the Public Treasurer of these Islands for the 
 Time being, each Person so raising the said Bridge, shall pay to his 
 Majesty, his Heirs and Successors the Sum of Fifty Pounds current 
 Money. 
 
 II. And be it, &c., that any Person who shall, from and after the 
 said eleventh Day of October next, be desirous of raising the said Flats 
 Bridge, shall apply himself to the Public Treasurer of these Islands 
 for the Time being, and shall give to the said Treasurer sufficient 
 Security to repair any Damage that the said Bridge shall sustain by 
 
 without Li- 
 cense. 
 
 Licence, how 
 to be ob- 
 tained and 
 paid for. 
 
1787.] BERMUDA ACTS. 53 
 
 the raising of the same Bridge immediately after such Damage shall 
 happen, in such manner as the said Treasurer shall approve of; and 
 also within twenty Days after the Date of the Licence of the said 
 IVeasurer for raising the said Bridge, pay unto the said Treasurer, or 
 his Successor, the Sum of Twelve Shillings cuiTent Money, and the 
 further Sum of Five Shillings current Money per Hour for every 
 Hour the said Bridge shall remain up after the iirst six Hours from 
 the raising the same ; and the Public Treasurer for the Time being, 
 on any Person's giving such Security as aforesaid, shall give to such 
 Person a Licence, under his Hand and Seal, for the raising the said 
 Bridge. 
 
 HI. And be it, &c., that all Monies arising by virtue of this Act, ^f^"""^^^ 
 be recoverable by the Public Treasurer of these Islands for the Time money, 
 being, and be to his Majesty, his Heirs and Successors, for and towards 
 supplying the .Deficiency of the Fund established by an Act, entitled 
 " An Act for raising a Public Revenue for the Support of the Gov- 
 ernment of these his Majesty's Islands." 
 
 [See Act of 29 June, 1793.] 
 
 AN ACT as well for the relief of the Poor, as for the putting out 
 Apprentices and setting idle Persons to Work. 
 
 [13 July, 1787.] 
 
 ^^ Preamble. 
 
 "WHEREAS it is Equally as Consistent with good Policy as with 
 Humanity that in every Community such poor as are unable to work 
 should be relieved and maintained at the expense of the Public ; that 
 the children of such Parents as are unable to provide for and main- 
 tain them, be put out Apprentices, and that such Persons as have no 
 means wherewith to maintain themselves and use no ordinary and 
 daily Trade or Business to get their living by, be set to work : 
 
 I 
 I. We, &c., and be it enacted, &c., that from and after the publica- churchwar- 
 tion hereof the Churchwardens of every Parish chosen and to be chosen o™rBeera of 
 annually in the accustomed mode, be considered and called overseers ^'^^ P""- 
 of the Poor of the Same Parish, and that they be and they are hereby And with 
 declared to be authorized and empowered from time to time, by and th" jSt^L 
 with the consent of the Justice or Justices of the Peace of such Par- fj'^'f'''' 
 ish and the Yestry or assessors to supply and advance out of any parochial 
 parochial monies in their hands such Sums as shall be adequate to Sf'of"'^ 
 the maintenance and relief of the lame, impotent, old, blind and such ^""^ ''°°''- 
 others among them, being poor, as are not able to work, to put out as to put out 
 apprentices the Children of such persons as shall appear to be unable a°en aa'^p- 
 to afford them a competent Maintenance : to set to work all such per- PJj^J'jj^^- 
 sons as well married as unmarried, as have no means wherewith to workper- 
 maintain themselves and use no daily Trade, Occupation, Labour or t" matouin 
 Business to get their living by and also to do, execute and perform "lemseiTes. 
 all such other matters and things concerning the Premises as to them 
 shall seem meet. 
 
54 
 
 BERMUDA ACTS, 
 
 [1787. 
 
 n. And be it, &c., that it shall and may be lawful for the said 
 Churchwardens and Overseers, by the Assent of the Justice or Jus- 
 tices of the Parish, to bind out any poor child that they shall think 
 proper to be an Apprentice until such child if a Male shall arrive at 
 the age of twenty one Years and if a Female to the age of Twenty 
 Years or the time of her marriage, and that the Same be as effectual 
 to all Intents and purposes as if such child was of full age and by In- 
 denture of Covenant bound him or herself. 
 
 III. And be it, &c., that the Father and Grand Father and the 
 Mother and Grandmother and the children of Every poor, old, blind, 
 lame and impotent person or other poor person not able to work being 
 of sufficient ability shall at their own charge relieve and maintain 
 Every Such poor person in Such manner and according to such Rate 
 as by the Justice or Justices of the Peace and Vestry of the Parish 
 where such sufficient Persons dwell shall be decreed and 'ordered 
 upon pain that every one of them shall forfeit and pay twenty Shil- 
 lings for Every month which they shall fail therein. 
 
 Suspending Always Provided that this Act shall not be in force until His 
 clause. Majesty's Assent shall be first had thereto and made known in these 
 Islands. 
 
 [Confirmed 18 August, 1190. See also. Acts of 1834, No. 5; 1841, No. 11; 1848, No. 
 18; and 1857, No. 18.] 
 
 Churchwar- 
 dens with 
 assent of 
 Justices to 
 bind out 
 poor chil- 
 dren as ap- 
 prentices, 
 the males 
 until of age, 
 the females 
 until of age 
 or married. 
 
 Parents and 
 children of 
 poor persons 
 to relieve 
 them ac- 
 cording to 
 rate or- 
 dered, under 
 penalty of 
 20 s. a 
 month. 
 
 AN ACT for settling a Value on foreign 
 
 these Islands. 
 
 Gold Coin Cv/rrent in 
 
 [13 July, 1787.] 
 
 "WHEREAS Inconveniencies have arisen to the Inhabitants of 
 Preamble. Bermuda, from the want, of a certain "Value being fixed on the Foreign 
 Gold Coin circulating in these Islands : 
 
 I. We, &c., and be it enacted, &c., that from and after the Pub- 
 lication hereof, each and every Grain contained in any Piece of 
 Foreign Gold Coin current in these Islands, be estimated at, and pass 
 be estimated current in Payment for Three Pence current Money of these Islands, 
 penc^per Always pTovided, that this Act shall not be in force until his Majesty's 
 ISt^ending Asscnt shall be first had thereto, and made known in these Islands. 
 
 [Confirmed 18 August, 1790. See Acts of 1707, and of 1841, No. 3.] 
 
 Foreign 
 Gold coin 
 current to 
 
nsr] BERMUDA ACTS. 55 
 
 AN ACT for the letter Settling of Intestate Estates. 
 
 [13 July, 1781] 
 
 WHEEEAS the Mode prescribed by the Laws of Great Britain P"^^*""'- 
 for the Settlement and Distribution of the Estates of Persons dying 
 Intestate, has been found both beneficial and equitable •: 
 
 I. We, &c., and be it enacted, &c., that the GoTernor or Com.- ^J'?„<*g°™t°' 
 mander in Chief of these Islands for the Time being, be, and he is L««era ot 
 hereby declared to be authorised and empowered to grant Letters of uon, and to 
 Administration on the Estate of any Person dying intestate, having '''""°' 
 Goods, Chatties or Credits within these Islands, to the "Widow of the 
 deceased, if any, or next of kin, or to both, at his discretion ; and in 
 default of these, or in case of their refusal, or delay, to a Creditor ; and 
 in default, thereof, to such discreet Person as he approves of, first 
 causing publication to be made fifteen Days previous thereto in some 
 neighbouring Parish Church, or other Place of Divine Worship in 
 these Islands, in the manner heretofore prescribed, and taking a Bond, ^°^^^^ "^j, 
 with two or more able Sureties, respect being had to the value of the ministrator. 
 Estate, in the Name of such Governor or Commander in Chief and 
 his Successors, with Condition thereunder to be written to the effect 
 following m/utatis mutandis, to wit, The Condition of the above Obli- 
 gation is such, that if the above-bounden A. B. Administrator of all 
 and singular the Goods, Chatties and Credits of C. D. deceased, do 
 make, or cause to be made, a true and perfect Inventory of all and 
 singular the Goods, Chatties, and Credits of the said deceased, which 
 have or shall come to the Hands, Possession, or Knowledge of him 
 the said A. B., or into the Hands and Possession of any other Person 
 or Persons for him, and the same so made do on Oath exhibit, or 
 cause to be exhibited into the Secretary's Office of these Islands, 
 within fifteen Days next ensuing the date of the above Obligation, 
 and the same Goods, Chatties and Credits, and all other the Goods, 
 Chatties and Credits of the said deceased at the Time of his Death, 
 which at any Time hereafter shall come to the Hands or Possession of 
 the said A. B., or into the Hands and Possession of any other Person 
 or Persons for him, do cause to be valued and appraised by three or 
 more honest and indifferent Persons, by the Governor or Commander 
 in Chief above-named, or his Successor, to be approved, allowed, and 
 sworn, and the same do and shall well and truly administer, according 
 to Law, and further do make, or cause to be made, a true and just 
 Account of his said Administration, and all his Doings and Proceed- 
 ings therein (on Oath) when thereunto duly and legally required. — 
 And if it shall hereafter appear that any last Will or Testament was 
 made by the said Deceased, and the Executor or Executors therein 
 named, do exhibit the same into the Secretary's Office of these Islands, 
 making request to have it allowed and approved accordingly, if the 
 above-bounden A. B. being thereto required, do render and deliver 
 up the said Letters of Administration (Approbation of such Testament 
 being first had and made) then the above Obligation to be void, and 
 of none effect, or else to remain in full Force and Virtue. 
 
56 BERMUDA ACTS. [1787. 
 
 Bonas^tobe II. And be it enacted, &c., that the said Bonds be, and they are 
 any Courts'" hereby declared to be good, to all Intents and Purposes, and pleadable 
 ana Govim- i^ ^.ny Courts of Justice ; and also that the Governor or Commander 
 AdSiSstr" ^^ Chief of these Islands for the Time being, shall and may call such 
 tors to ac- Administrators to account, for and touching the Goods, Chatties, and 
 count. Credits of any Person dying intestate ; and upon hearing and due con- 
 sideration thereof, order and make just and equal distribution of what 
 Bistribntion. rcmaiueth clear (after all Debts, Funerals, and just Expences of eyery 
 sort, are first allowed and deducted) among the "Wife and Children, if 
 any such be, or otherwise to the next of Kindred to the dead Person 
 in equal degree, or legally representing their Stocks ^ro suo cuique 
 jure, according to the Laws in such Oases, and the Eules and Limita- 
 tions hereafter set down, and the same Distribution decree and settle, 
 and compel such Administrators to observe and pay the same by due 
 course of Law ; saving to all Persons supposing themselves aggrieved, 
 their Pight of Appeal as has hitherto been in such Case used. 
 Proviso asto Provided always, and be it enacted, &e., that the whole Surplusage 
 of°su?pms" °^ *^® Estate of any Person dying intestate, be distributed in man- 
 ner and form following, that is to say, one third Part of the said 
 Surplusage to the Wife of the Intestate, and all the Residue by 
 equal Portions to and amongst the Children of such Person dying 
 intestate, and such Persons as legally represent such Children, in 
 case any of the said Children be then dead, other than such Child 
 or Children (not being Heir at Law) who shall have any Estate by the 
 Settlement of the said Intestate, or shall be advanced by the Intestate 
 in his Life Time, by Portion or Portions equal to the Share which 
 shall by such Distribution be allotted to the other Children, to whom 
 such Distribution is to be made. And in case any Child other than 
 the Heir at Law, who shall have any Estate by Settlement from the 
 said Intestate, or shall be advanced by the said Intestate, in his Life 
 Time, by Portion not equal to the share which shall be due to the 
 other children, by such Distribution as aforesaid, then so much of the 
 Surplusage of the Estate of such Intestate to be distributed to such 
 Child or Children as shall have any Land by Settlement from the In- 
 testate, or were advanced in the Life Time of the Intestate, as shall 
 make the Estate of all the Children to be equal as near as can be esti- 
 mated ; but the Heir at Law, notwithstanding any Land that he may 
 have by Descent or otherwise, from the Intestate, is to have an equal 
 Part in the Distribution with the rest of the Children, without any 
 consideration of the value of the Land which he hath by Descent or 
 otherwise from the Intestate. And in case there be no children, nor 
 any legal Kepresentatives of them, then one Moiety of the said Estate 
 to be allotted to the Wife of the Intestate, and the Eesidue equally 
 among all the next of Kindred to the Intestate, who are in equal de- 
 Proviso, gree, and those who legally represent them. — Provided always, that 
 as to distrib- there be no Representatives admitted among Collaterals, after Broth- 
 
 ution among ^ ™. r^i .in t ■ -, ^ -t -ttt-./i 
 
 collaterals, ers and bisters Children ; and in ease there be no W ife, then all the 
 
 said Estate to be distributed equally to and among the Children ; and 
 
 in case there be no Childj then to the next of Kindred in equal Degree 
 
 of or unto the Intestate, and their legal Representatives as aforesaid. 
 
 Exception of ^ud iu uo Other manner whatsoever. — And provided aluays, that 
 
 Ffme°oo°v- 'nothing herein contained shall be construed to extend to the Estates 
 
 ert"° ° of Feme Coverts that shall die intestate, but that their Husbands may 
 
1787.] BERMUDA ACTS. 57 
 
 demand and liave Administration of their Rights, Credits, and other Mother evo- 
 Personal Estates, and have and enioy the same as their own Property, thers aAa 
 
 ' •* ■' r J Sisters to 
 
 III. Amd be it further enacted, &c., that if, after the Death of the shlM^o'?! 
 Father, any ©f the Children die intestate, without Wife or Children -n^ttt^"^ 
 living, the Mother, every Brother and Sister, and their Eepresenta- f^g^^Jj^out 
 tives, shall have an equal Share. wife or chii- 
 
 ' ^ dren. 
 
 rV. And to the End that a due Regard might be had to Credit- Distribution, 
 ors, be it further enacted, &c., that no such distribution of the Jade.*°Bond 
 Goods of any Person dying intestate, be made, until after one Year '"^e given 
 be fully expired after the Intestate's Death, and that each and every 
 one to whom any Distribution and Share shall be allotted, shall 
 give Bond, with sufficient Securities, that if any Debt or Debts 
 truly owing by the Intestate, shall be afterwards sued for and re- 
 covered, or otherwise duly made to appear, then, and in every such 
 Case, he or she shall respectively refund and pay back to the Admin- 
 istrator his or her ratable Part of that Debt or Debts, and of the Costs 
 of Suit and Charges of the Administrator by reason of such Debt, out 
 of the Part and Share as aforesaid allotted to him or her, thereby to 
 enable the said Administrator to pay and satisfy the said Debt or 
 Debts, so as aforesaid discovered after the Distribution made as 
 aforesaid. 
 
 Y. Provided always, and be it, &c., that in all Cases where the Admimstra- 
 Governor or Commander in Chief of these Islands for the Time being, ustamento 
 in his judicial Capacity, as Ordinary, hath used heretofore to grant "'^™''- 
 Letters of Administration cum Testamento annexo, he shall continue 
 so to do, and the "Will of the Deceased in such Testament expressed, 
 shall be performed and observed in such manner as it should have 
 been if this Act had never been made. Always provided, that this 
 Act shall not be in force until his Majesty's Assent shall be first had suspending 
 thereto and made known in these Islands. °'*'^*' 
 
 [Confirmed 3 July, 1793.] 
 
 AJN" ACT deda/rmg Houses, Lands, Tenements, and other Heredita- 
 ments and Beat Estates in the Islands of Beemtjda to he subject to 
 
 the Payment of Debts. 
 
 [14 July, 1787.] 
 
 WHEREAS it is just and equitable that the whole Estate, as well 
 Real as Personal, of every Debtor, should be liable to the Satisfaction 
 of his or her just Debts : 
 
 I. We, &c., and be it enacted, &c., that the Houses, Lands and Reaiistate 
 other Hereditaments, and Real Estates situate or being within the *° Jiebte"? 
 Islands of Bermuda, belonging to any Person indebted, shall be liable '^^^'jj™°?^^^j 
 to and chargeable with all just Debts, Duties and Demands of what toprTcis^s" 
 nature or kind soever, owing by any such Person to his Majesty, or J"e,^3'=„?°t'„'!'^ 
 any of his Subjects ; and shall and may be assets for the satisfaction J^l^^l""^^- 
 thereof in like manner as real Estates are by the Law of England Debts, as 
 liable to the satisfaction of Debts due by Bond or other Specialty ; \^^^^^ ^^^ 
 
58 
 
 BERMUDA ACTS, 
 
 [1788. 
 
 When the 
 Goods of 
 any person 
 deceased 
 are insuffi- 
 cient to pay 
 his Debts, 
 the Court of 
 Chancery 
 may author- 
 ise the Exe- 
 cutor or Ad- 
 ministrator 
 to dispose of 
 Real Estate 
 for that pur- 
 pose. 
 
 Proviso, 
 that the pro- 
 ceeds be ap- 
 plied in like 
 manner as 
 the personal 
 Estate. 
 
 and shall be subject to the like Eemedies, Proceedingsand Process, 
 in any Court of Law or Equity in the said Islands, for seizing, extend- 
 ing, gelling, or disposing of any such Houses, Lands, and other Here- 
 ditaments and Eeal Estates, towards the satisfaction of such Debts, 
 Duties and Demands, and in like manner as Personal Estates in the 
 said Islands are seized, extended, sold or disposed of, for the satisfac- 
 tion of Debts. 
 
 II. And be it, &c., that when and as often as the Goods and 
 Chattels belonging to any Person deceased, shall be found to be insuf- 
 ficient to pay and satisfy the just Debts due and owing from such 
 Person, it shall and may be lawful for the Court of Chancery, upon 
 application, and making such insufficiency to appear, to empower and 
 authorise the Executor or Administrator of such Estate to sell and dis- 
 pose of all or such Part of the Houses, Lands, and other Hereditaments 
 and Eeal Estates of the Deceased (the Dower of the "Widow, if any, 
 always excepted) as shall be sufficient to satisfy the just Debts due 
 and owing from the Deceased. And that every Executor and Admin- 
 istrator so empowered and authorized, shall and may, by virtue of such 
 Authority, sign, seal and deliver, in due form of Law, Deeds and Con- 
 veyances for the Houses, Lands, and other Hereditaments and Eeal 
 Estates so sold and disposed of, and that such Deeds and Conveyances 
 shall make and give a good and legal Title to the Purchaser thereof, 
 and his or her Heirs and Assigns for ever. Provided always, that 
 the like Order be observed by the Executor or Administrator in the 
 payment of Debts with Monies arising from the Sale of the Eeal Es- 
 tate, as is by Law directed to be observed in the application of the 
 Personal Estate. 
 
 Sales of real 
 Estate made 
 with intent 
 to defeat 
 creditors, to 
 be deemed 
 fraudulent. 
 
 Suspending 
 clause. 
 
 III. And be it, &c., that when and as often as any Person or Per- 
 sons shall make sale or other alienation of any Lands, Houses, and 
 other Hereditaments and Eeal Estates, with intent to defeat and de- 
 fraud his, her or their Creditors of their just Debts, and not for a good 
 and valuable Consideration actually and ionafide paid, all sucji Sales 
 or other Alienations shall be deemed, adjudged and considered to be 
 fraudulent and covinous, and of no effect to bar any Creditor of his or 
 her just Debt. Always provided that this Act shall not be in force 
 until his Majesty's Pleasure shall be had thereon and made known in 
 these Islands. 
 
 [Confirmed 18 August, 1790.] 
 
 AN ACT Deola/ring the mode of ascertaining the Bounds of Lamds 
 
 m these Islands. 
 
 [11 June, 1T88.] 
 
 WHEEEAS the mode hereinafter prescribed for ascertaining the 
 Bounds of Lands in these Islands has in consequence of certain tem- 
 porary Acts now expired been for a great number of years past, found 
 to be salutary and fully equal to the ends proposed by the Legis' 
 lature : 
 
1788.] BERMUDA ACTS. 59 
 
 I. We, &c., and be it enacted, &c., that from and after the first on any 
 day of July next, whenever a doubt or difference shall arise relative tog^ast^' 
 to the Bounds of Lands, Five sufficient persons of the vicinity shall linie'&ve 
 be mentioned by the parties, and in case of disagreement, by the PiJ?°t?''g 
 Governor or Oommander-in-Ohief for the time being ; which persons veyor, to So 
 shall be commissioned by Warrant under the Hand and Seal of the rion^'by 
 said Governor or Oommander-in-Chief directed to the Surveyor and OT^to^j*™'. 
 Commissioners aforesaid ; authorizing them, or a majority of them, tain the 
 to enter upon the Lands in doubt or dispute as often as they shall °™ "' 
 think proper ; hear and consider the proofs and allegations of the 
 parties and circumstances attending the original or other former sur- 
 vey ; determine and ascertain the Bounds and Limits of such Land 
 and cause to be affixed thereon such and so many plain and durable 
 marks as they shall see fit ; which marks shall be deemed and consid- 
 ered to be the undoubted Bounds and Limits of ihe same. 
 
 n. And be it, &c., that each and every Commissioner, previous commission- 
 to the Entry on any survey, do take the following Oath, to be ad- "'" °°'"'' 
 ministered by the Surveyor, to wit — " I, A. B., do swear on the Holy 
 Evangelists of Almighty God, that I will justly and faithfully dis- 
 charge the trust reposed in me by the Act entitled ' an Act declaring 
 the mode of ascertaining the Bounds of Lands in these Islands,' ac- 
 cording to the best of my skill and Judgment, without favour, partiality 
 or affection, so help me God." 
 
 ni. And be it, &c., that the Surveyor aforesaid shall within surveyor to 
 twenty days after the receipt of any Warrant, enter on the survey survey with- 
 direeted thereby, having given five days previous notice to the Com- dlyllftfr 
 missioners and Parties interested therein ; and in case of the absence rf'^T'"^ 
 of either of the latter to his or her Attorney or Agent and the Tenant rant, and 
 
 ° give five 
 
 m possession. days' notice. 
 
 lY. And be it, &c., that the said Surveyor and Commissioners Power to 
 shall have power to summon, by Warrant directed to any Constable of S^ses. 
 the vicinity, any person named by either of the parties as a witness ; 
 and in case of neglect or refusal, to commit such person, so neglecting 
 or refusing, to Gaol, there to remain without bail or mainprize for 
 the space of forty days ; and until all incidental costs and charges, 
 to be particularly ascertained by such Surveyor and Commissioners, 
 shall be fully paid and satisfied, together with Twenty pounds to the 
 party aggrieved for the want of such evidence. 
 
 V. And be it, &c., that the said Surveyor and Commissioners 
 shall have power, after the completion of any Survey, to put the And to put 
 contending parties into peaceable and quiet possession of the Lands info^p^JsllB- 
 respectively adjudged them ; and to assess the Expences attending """• 
 such survey, either for fees to the Surveyor as well for plotting as 
 otherwise ; attendance of Witnesses ; Entertainment of the Surveyor And aaeees 
 and Commissioners, or in any other manner incurred thereby ; and *^p™=^*- 
 to direct the proportions which the Owners of the Lands affected by 
 such survey shall respectively pay and to levy the same by distress 
 and Sale as in cases of Debt not exceeding Forty Shillings — and for 
 want of Distress to commit to Gaol. AJ/ways provided that not more 
 than four shillings currency be allowed any Commissioner per day proviso. 
 
BERMUDA ACTS. 
 
 [1789. 
 
 for his attendance ; and that all services be fully performed by such 
 Surveyor and Commissioners before they shall be entitled to any 
 compensation whatever. 
 
 Surveyor to ^^- -^^^ ^^ ^t) <^c., that the Said Surveyor shall keep a Field 
 keep a Field Book whereiu shall be entered the courses and distances of each Sur- 
 lodge pi°ts vey, the number and quality of the marks with their distances from 
 uiTs Office.' eS'Ch other, and lodge a fair Plot of each Survey in the Secretary's 
 Office of these Islands within thirty days after the completion of the 
 same, under the penalty of Fifty pounds for each neglect, to be re- 
 covered by the party aggrieved. 
 
 Penalty on 
 persons ob- 
 structing 
 Surveyor 
 and Com- 
 missioners 
 removing 
 land-marks 
 or trespass- 
 ing. 
 
 In Suits 
 against per- 
 sons acting 
 under this 
 Act, they 
 may plead 
 the general 
 issue, and 
 recover dou- 
 ble costs. 
 
 YII. And be it, &c., that any person molesting, disturbing or 
 obstructing the Surveyor and Commissioners aforesaid, or either of 
 them, or any "Witness, Chainbearer, or other person attending on 
 or concerned in, any survey designedly removing any Land mark 
 or committing other trespass after the Bounds of any lands sur- 
 veyed shall be duly fixed and possession given as aforesaid shall 
 be subject to the payment of Ten pounds for every such offence 
 over and above the Damage that shall be assessed by the Justice 
 or Jury trying such Action, to be recovered as in Actions of Debt 
 not exceeding Forty Shillings — and that in any Suit or Action com- 
 menced against the Surveyor and Commissioners aforesaid, or any 
 other person acting under this Act, the Defendant shall have power 
 to plead the general issue and give the special matter in evidence, and 
 if the Plaintiff shall discontinue his Suit, or Judgment shall pass 
 against him or her, the Defendant shall recover double Costs. 
 
 AN ACT for Segulating the Election of Members to serve in the Gene- 
 ral Asserribly, fixing the Qualifications of Oa/ndidates and Electors, 
 and assimilabmg the Practice of the Somers' Islands in those 
 points as nearly as circiMnstances and situation will allow to that 
 of the Parent State. 
 
 [9 May, 1789.] 
 
 Preamble. 
 
 Writs of 
 Election to 
 have Forty 
 days be- 
 tween teste 
 and return. 
 
 WHEREAS the mode of proceeding which should be adopted in 
 respect to the Election of Members to serve in General Assembly 
 within these Islands is, from the want of legal Eegulation, liable to be 
 controverted and much inconvenience has been thence derived to the 
 Public as well as to Individuals : In order therefore to remove in 
 future Difficulties which have heretofore subsisted, and to render the 
 conduct of Eeturning Officers, Candidates, and Electors easy and cer- 
 tain by assimilating, as nearly as situation and circumstances will 
 allow, the conduct of this Colony to the wise and salutary examples 
 of the Parent State — 
 
 I. "We, &c., and be it enacted, &c., that when any new Assembly 
 shall at any time hereafter be summoned or called there shall be forty 
 days between the teste and return of the "Writs therefor ; — and that 
 the "Writs for Election of Members in the same Assembly, as well upon 
 
each Candi- 
 date. 
 
 1789.] BERMUDA ACTS. 61 
 
 the calling or siammoning any new Assembly, as in case of any vacancy 
 during tlie present or any future Assembly, shall be issued from the t<> be issued 
 Secretary's Office with as much expedition as may be, and delivered se™eta^'8 
 to the proper Officers to whom the execution thereof doth belong or °"°°' 
 appertain, and to no other person or persons whatsoever — and that 
 every such Officer, upon the receipt of a Writ as aforesaid, shall upon 
 the back thereof endorse the day on which he shall have received the 
 same, and shall proceed to Election thereupon within the space of ten Returning 
 days at the most public and usual place of Election within the Parish, give notice 
 and where the same has most usually been for forty years last past, ™eieo°ion!* 
 giving three days public notice at least of the time and place appointed 
 for such Election : — and in case the said Election shall not be deter- 
 mined upon the view with the consent of the Freeholders there 
 present, but that a Poll shall be required for the determination thereof, ^^^^^ "j^" 
 then the Officer aforesaid shall forthwith proceed to take the said Poll take a'poii. 
 at the place aforesaid and to set down the name of each Freeholder 
 and for whom he shall poll, and to poll no Freeholder who shall not 
 be duly qualified for the purpose in the manner hereinafter prescribed, 
 and shall appoint on being thereto required, for each Candidate who Anatoap- 
 shall have previously established the requisite Qualification under this spectoTfor 
 Act, some one person to be nominated by such Candidate for inspect- 
 ing the manner of taking the said Poll and shall at the same place of 
 Election proceed to the polling all the Freeholders then and there 
 present and shall not adjoiirn to any other place within the Parish or 
 elsewhere without the consent of all the Candidates, but shall duly 
 and orderly proceed in the taking the said Poll from day to day and 
 from time to time until all the Freeholders tendering themselves for 
 the purpose shall be polled and not longer ; — and on the completion of *•"* '^^^^ 
 the said Poll shall make a return agreeably thereto and in conformity 
 to the tenor of the Writ for Election, and shall forthwith deliver to the 
 Candidate or Candidates, or any person or persons in his or their be- 
 half desiring the same, a Copy of the Poll taken at such Election ; he 
 or they paying a reasonable charge only for writing such Copy : Al- 
 ways provided that such Eetuming Officer shall, previous to any 
 adjournment, make Proclamation of the Hour when the Poll shall be 
 opened on the day of adjournment and of its continuance on that day ; Adjoum- 
 and that it is the intention of this Act that when a reasonable time Sosing'poii. 
 shall be afforded to every qualified Freeholder in these Islands to 
 attend for the purpose of giving his Yote in case he shall fit, the Poll 
 shall be finally closed and no longer kept open on any account, score, 
 or pretext whatever. 
 
 II. And be it, &c., that no person or persons shall be capable Quauaoation 
 of voting in Election of a Member to serve in General Assembly a Member of 
 who shall not be twenty-one years of age, and possess in his own ^'^^'''y- 
 right within the Parish to be represented or receive the profits 
 thereof, a Freehold rated at the last public assessment at not less 
 than Forty Pounds and be registered as a Freeholder of such 
 Parish and of the foregoing description one month previous to the teste 
 of the Writ for such Election and in the manner hereinafter men- 
 tioned. Always provided that a Freehold of the preceding value proviso, 
 coming by Descent, Marriage, Marriage Settlement, Will or Promo- 
 tion to a Benefice or Office shall entitle the Holder to be immediately 
 
62 
 
 BERMUDA ACTS. 
 
 [1789. 
 
 Names of 
 Freeholders 
 to be re^s- 
 tered. 
 
 Proviso. 
 
 registered and to vote as a Freeholder at any state of the Poll what- 
 ever — and that more persons than one shall not be admitted to Vote 
 for any one Freehold except they shall each possess an Interest 
 therein rated in the manner above mentioned at not less than Forty 
 Pounds, and that in Mortgaged or Trust Estates the person in posses- 
 sion under the limitations aforesaid shall have and be entitled to the 
 Vote. 
 
 m. And be it, &c., that the name of every Person holding 
 a Freehold T)f the preceding Description shall within ten Days 
 after the Completion of any public assessment in which such 
 Freehold shall have been rated as above mentioned be registered 
 in a Book to be keeped for the purpose or in the one in which 
 assessments and other Parochial Transactions are generally en- 
 tered by those who shall have made or subscribed to such public 
 assessments as a Freeholder entitled to vote under this Act at an 
 Election of Members to serve in General Assembly, particularly dis- 
 tinguishing from the rest the Freeholds rated iu such assessment at 
 not less than Two Hundred pounds and that in failure thereof the 
 said Assessors shall severally forfeit and pay the sum of Ten pounds 
 to the Freeholder so not registered. Ahoays provided^ that any per- 
 son acquiring a Freehold within any Parish of these Mands by De- 
 scent, Purchase or otherwise, shall have the privilege of tendering to 
 the Yestry or assessors of such Parish, proof of such acquisition and 
 of the Value thereof being agreeable to the Stipulations of this Act, 
 and on establishment of such proof, shall be registered in the manner 
 above mentioned and entitled to vote at an Election as aforesaid, and 
 the Vestry or Assessors failing to receive such proof and to Register 
 in consequence thereof, shall forfeit and pay to such Freeholder the 
 like penalty as in Cases of Failure to register after completion of an 
 assessment in the manner above mentioned. 
 
 QualMcation 
 of Members 
 of Assembly. 
 
 Frandulent 
 Conveyan- 
 ces made to 
 qnalify any 
 person to 
 serve as, or 
 vote for a 
 Member of 
 Assembly, to 
 be valid as 
 against the 
 Makers, 
 
 IV. And be it,. &c., that no person under twenty-one years of 
 age, an alien bom, not possessing in his own right within the 
 Parish, or receiving the profits thereof, a Freehold rated at the 
 last Public Assessment at not less than Two Hundred Pounds, 
 or being the Officer executing the Writ for Election, shall be cap- 
 able of being elected to seiwe as a Member in the General Assembly ; 
 and that all Estates and Conveyances whatsoever made to any 
 person or persons in any fraudulent or collusive manner on pur- 
 pose to qualify him or them to serve in General Assembly or to 
 give his or their Vote or Votes at an election of Members for that 
 purpose (subject nevertheless to conditions or agreements to defeat or 
 determine such Estate or to recovery of the same) shall be deemed 
 and taken against those persons who executed the same as free and 
 absolute and be holden and enjoyed by all and every such Person or 
 Persons to whom such conveyance shall have been made as aforesaid 
 freely and absolutely acquitted, exonerated and discharged of and 
 from all manner of Trusts, Conditions, clauses of re-entry, powers of 
 Revocation, provisoes of Redemption or other Defeazances whatso- 
 ever between or with the said Parties or any other person or persons 
 in trust for them ; and that all Bonds, Covenants, collateral or other 
 Securities, Contracts or Agreements between or with the said parties 
 
1789.] BERMUDA ACTS. 63 
 
 or any other person or persons in trust for them or any of them for 
 the redeeming, revoking or defeating such Estate or Estates, or for 
 the restoring or recovering thereof, or any part thereof, to any person 
 or persons, who made or executed such conveyance or to any other 
 person or persons in trust for them, or any of them, shall be null and 
 void to all intents and purposes whatsoever, and that every person 
 who shall make and execute such Conveyance or Conveyances as 
 aforesaid or being privy to such purpose shall devise or prepare the 
 same, and every person who by colour thereof shall suffer himself to 
 be elected to serve in General Assembly or give any Vote at any Elec- Penalty on 
 tion of any Member or Members to serve therein, shall for every such co^^f-*""'' 
 conveyance so made or vote so created or given, forfeit the sum of ances.orbe- 
 twenty-five Pounds to any person who shall sue for the same. Al- mVoOnl ' 
 ways provided, that all Writs for the Election of Eepresentatives to "P"" *''™- 
 serve in Assembly be directed to the Justice or Justices of the Peace ^^^^ ^^ ^^ 
 for the Respective Parishes who are hereby declared to be obliged to directed to 
 execute the same unless such Justices shall be Candidates for the en- ouhc^e'ace 
 suing Election, in which case the Writ shall be by them delivered to 'pect^r" 
 any neighboring Justice, not a Candidate, with a Certificate under Parishes. 
 the Hands and Seals of the Justices named in the Writ showing the 
 cause of such Delivery, and that any neighboring Justice, on the 
 receipt of any such Writ, be obliged to execute the same under simi- 
 lar pains and penalties as if the Writ had been at first directed to 
 him. 
 
 V. And be it, &c., that every Officer to whom the execution 
 of a Writ for Election of Members to serve in General Assembly wMui Jf-""^ 
 doth belong shall, for every wilful offence contrary to this Act, offioS8°lxe- 
 forfeit to the party aggrieved the sum of One Hundred Pounds, cutingwrits. 
 and that the same and all other fines, forfeitures and penalties 
 imposed by this Act, and not herein otherwise particularly directed, 
 be recoverable by the person or persons to whom the same are 
 hereinbefore assigned, or by his or their Executors or Adminis- ^^bie*""^ 
 trators, together with full costs of suit, by bill, plaint or information 
 in any Court of Record within these Islands wherein no essoin, pro- 
 tection, wager of law, privilege, or imparlance shall be admitted. 
 Always provided that every Action, Suit, or information under this 
 Act shall be commenced within the space of six Calendar months ^'"'™°- 
 after the fact upon which the same may be grounded shall have been 
 committed, and that this Act be not in force until His Majesty's plea- 
 sure shall be had thereon and made known within these Islands. See. '"^ 
 
 [Gonfirmed 1 February, 1799. 
 
 By Act of 1834, No. 2, the property qualification of Voters and Candidates is increased. 
 The Act of 1850, ITo. 11, proTidea for Elections being held elsewhere than in Churches, 
 See also, Act of 1858, No. 9.] 
 
64 
 
 BERMUDA ACTS. 
 
 [1789. 
 
 Preamble, 
 
 Persons 
 seized in fee- 
 tall of land 
 not exceed- 
 ing five 
 acres, may 
 alter tlie E!s- 
 tate to fee- 
 simple by 
 Deed re- 
 corded. 
 
 PrOYiso. 
 Not to con- 
 firm or bet- 
 ter an orig- 
 inal title. 
 Proviso, 
 as to Con- 
 veyances 
 executed by 
 any feme 
 covert. 
 
 Suspending 
 clause. 
 
 AN ACT to enable the Holders of small Pwrcels of landwithm the 
 
 Bermuda Islands in Fee Tail to alt&r the samie to Fee Simple, 
 
 and directinq the mode of doing the same. 
 
 [15 July, I'zsg.] 
 
 "WHEEEAS many parcels of land within these Islands held in 
 Fee Tail can he of little use to the Holders unless improved at an 
 expence much exceeding the original value, and the Property em- 
 ployed in such Improvements may he from the present Tenure con- 
 veyed in a manner contrary to the interest of the Families of such 
 Holders, and as the lands are of themselves unequal to the expence of 
 such process as has been had in the Courts of Law and deemed requi- 
 site to bar an Estate Tail, and from such considerations have remained 
 neglected and unemployed to the General, damage of the Community, 
 as well as of the Proprietors : In order therefore to remedy such 
 Inconveniences and to remove as much as may be all Bars to the 
 Improvement of the landed interest of the Country : 
 
 I. "We, &c., and be it enacted, &c., that it shall and may be law- 
 ful for any person seized of an Estate in Fee Tail in any parcel of land 
 within these Islands not Exceeding Five Acres to alter Such Estate 
 from Fee Tail to Fee Simple by Executing a Deed of Bargain and 
 Sale, Feoffment or Lease and Release and recording the same in the 
 Secretary's Office, and that immediately thereupon, the Grantee in 
 Such Deed named shall stand and be seized of an Estate in Fee Sim- 
 ple in such parcel of land in such Deed described. Always provided 
 that nothing in this Act Contained shall be construed to Confirm or 
 better an Original Title, but simply to establish the mode of altering 
 an Estate from Fee Tail to Fee Simple. Also always provided that 
 any conveyance to be executed in consequence of this Act by any 
 Feme Covert be accompanied with the Bequisites mentioned in the 
 Act intitled " An Act directing what Conveyances shall be sufficient 
 to pass the Beal Estates of Women under Coverture." And also al- 
 ways provided that this Act shall not be in force until His Majesty's 
 pleasure shall be had thereon and made known in these Islands. 
 
 [Confirmed 1 February, 1199. And see Act of 1843, No. 7.] 
 
 AN ACT for an Addition to a/nd Amendment of am, Act, entitled 
 '•'■An Act for settling a Yearly ReveriAie upon the Ministers of these 
 Islands^^ and for decla/ri/ng Land and Real Estate liable to the 
 Payment of Parochial Cha/rges in the Parish where it may lie. 
 
 [17 July, 1789.] 
 
 Preamble. 
 
 "WHEBEAS from the enhanced Price of the Necessaries of Life 
 the Stipend fixed by the said Act, entitled, "An Act for settling a 
 Yearly Revenue upon the Ministers of these Islands," is rendered less 
 equal to the decent Support of the Clergy, than it was at the Time of 
 the passing the said Act : 
 
1790.] BERMUDA ACTS. G5 
 
 If the In- 
 
 I. We, &c., and be it enacted, &c., tliat when and as often as the and"ftee- 
 Inhabitants and Freeholders of any Parish in these Islands, assembled howera of 
 in full Parish Meeting, in consequence of proper Notice for that pur- shaii aTon 
 pose to be given, shall by Vote, freely and voluntarily fix on the In- "cnt duXg 
 fcumbent of such Parish, during his continuance to hold the living ^en°°™ 
 within the same, an annual Sum of Money, in addition to the Stipend additional 
 by the above-mentioned Act, fixed and allowed, and such Vote shall penaj'and 
 be entered in the Pairish Kecords, together with the Terms and Condi- Recorded; ^^ 
 tions, if any, wherein the same shall be so granted, it shall and may ^^ ^|J('i'[.ce 
 be lawful for the Vestry and Assessors of such Parish to provide for payment ot 
 and enforce the Payment of such additional Salary in the like manner ^bnai^sfi- 
 with other Parochial Charges ; and that in Case of Assessment for any |7^i jj^j^^t^ 
 kind of Parochial Charges whatever, the Land or other Eeal Estate ^^^f^l 
 lying in any Parish in these Islands, shall be rated thereto, whether paiisiiioner 
 owned by a Parishioner or not. rated'fo'r ''^ 
 
 parochial 
 charges. 
 
 AIST ACT for effecting a CoUecUon of Trade at the West End of the 
 Islands o/'Beemuda,/!^/' the Ease and Convenience of the Inhab- 
 itants, in conformity to certain Royal Instructions. 
 
 [7 May, 1790.] 
 
 WHEKEAS the Act, entitled "An Act for removing, at a certain Pieamhie. 
 period, and under certain Limitations, the Seat of Government from 
 the Town of St. George to a more central situation," is now lying at 
 London for Royal Approbation, and there is reason to apjjrehend that 
 no Determination will be had thereon, until a Survey of these Islands, 
 lately ordered by Government, shall have been compleated and duly 
 reported. And although by certain Royal Instructions, directed to 
 his Excellency "William Popple, Esq; the then Governor and Com- 
 mander in Chief, it was graciously permitted, for the Ease and Con- 
 venience of the Inhabitants, that Vessels trading to and from these 
 Islands might load and unload under the inspection of an Officer 
 residing at the West End, and enter and clear at the Public Oflices 
 in the Town of St. George, by Certificate from such Ofiicer, without 
 the necessity of repairing thither, as had been theretofore practised, 
 yet the Trade remains in so diffused a state as to render the whole- 
 some Designs of such Instructions ineffectual, as well to the prejudice 
 of the Revenue, as the Detriment of the Trader ; In order, therefore, 
 to remedy such Inconveniences in future, by enforcing as positive a 
 Compliance with the Intention of such Instructions as situation will 
 admit : 
 
 I. We, &c., and be it enacted, &c., that as soon as may be conve- commMon- 
 nient after passing this Act, Commissioners be, by Resolve, Vote or with propn- 
 other Act of the Legislature, appointed and fully authorised to treat, pupcJa/e'cf 
 under certain Conditions to be in such Resolve, Vote or other Act °;'^^'j°„ 
 expressed, with the respective Proprietors for the purchase of certain Pembroke 
 Lands lying and being on the South Side of Pembroke Parish, or the to" takeup"' 
 North Side of the Lane Harbour, between the House and Lot belong- l^^^^^^^„ 
 ing to and occupied by Henry Butterfield, and the House and Lot be^ap-^ 
 9 
 
ee BERMUDA ACTS. [1'790. 
 
 belonging to and occupied by Susannah Stowe, not exceeding one 
 Mile in length on the said Shore, and one hundred and fifty Acres in 
 Quantity. And in case of neglect or refusal on the part of the said 
 Proprietors to treat as aforesaid, that the said Commissioners be au- 
 thorised, and they are hereby declared to be authorised to enter upon,' 
 survey, and take up the Lands aforesaid, causing the same to be ap- 
 praised on Oath by Persons indifferently chosen and agreed upon 
 between the said Proprietors and Commissioners, or by Persons to be 
 fixed on and appointed by Vote, Eesolve or other Act of the Legisla- 
 ture as aforesaid, in case of refusal or neglect of such Proprietor to be 
 concerned in the nomination of Appraisers, which Appraisement shall 
 be fully reported at the first subsequent Meeting of the Legislature, 
 and such Indemnity afforded the Proprietors as shall be by Vote, Ee- 
 solve or other Act of the Legislature deemed full and sufficient, to be 
 provided for in like manner with the other Expences of Government, 
 in Certificates to be issued from the Public Treasury, carrying legal 
 Interest, and chargeable on the Fund established by an Act, entitled 
 " An Act for raising a Public Eevenue for the Support of the Grovem- 
 ment of these his Majesty's Islands." 
 
 Te^rt the°°°' -'-•'■• ^^^ ^® ^*' '^^■^ *^^* ^^^ Commissioners under this Act be, and 
 Lands into a they are hereby declared to be fully authorised and empowered to con- 
 Townsup. ^gj,^ ^i^g Lands which shall be purchased and taken up in the manner 
 above-mentioned into a Township for the Collection of Trade, under 
 the inspection of an Officer appointed for the "West End of these 
 Islands, by virtue of the Eoyal Instructions herein before adverted to, 
 and in conformity to such Plan and Terms as shall, by Eesolve, Vote 
 proTiBo. or other Act, meet the approbation of the Legislature. AVways pro- 
 vided, that within a certain Period to be hereafter fixed by Vote, Ee- 
 solve or other Act of the Legislature, the Collection of Trade intended 
 under this Act, be effected within the Limits of the said Township ; 
 proTOo. and also, always jprovided that nothing in this Act contained shall be 
 construed or deemed to militate, or in any manner operate against the 
 Act, entitled "An Act for removing, at a certain Period, and under ' 
 certain Limitations, the Seat of Government from the Town of St. 
 George to a more central Situation," whenever the same shall have 
 met the Eoyal Approbation. 
 
 AN ACT to vest certain Lands and Teneinents in Ms Mqjesl/y, his 
 Heirs and Successors, for the Use of the Township of HamiiXton, 
 to declare the Mode of laying out the said Township am.d selling 
 Lots within the same, 'and to fix the Time when a Collection of 
 Trade shall le effected within the Limits thereof. 
 
 [23 June, 1790.] 
 
 WHEEEAS in pursuance of the Act entitled " An Act for effect- 
 ing a Collection of Trade at^jthe West End of the Islands of Bermuda, 
 for the Ease and Convenience of the Inhabitants, in conformity to 
 certain Eoyal Instructions," and of certain Eesolves of the Legislature, 
 made and passed on the eighth and twenty-eighth Days "of May last 
 
1790.] BERMUDA ACTS. 67 
 
 past, it hath been declared that the Township of Hamilton, in the 
 Parish of Pembroke, shall comprehend certain Tracts and Lots of Land 
 in the said last-mentioned Eesolves particularly enumerated, and con- 
 taining, by estimation, one hundred and forty-five acres. And 
 Whereas it is deemed necessary not only that the said Lands should 
 be vested in his M^esty, his Heirs and Successors, and, after having 
 been laid out into Lots, sold at Public Outcry, but also that within a 
 certain Period a Collection of Trade be effected within the Limits of 
 the said Township : 
 
 I. "We, &c., and be it enacted, &e., that the Honorable Andrew °°'^^^^™' 
 Durnford, Esquire, William Hall, Junior, Eichard Jennings Peniston, veythe 
 Daniel Tucker, William Dunscomb and Benjamin Cox, Esquires, be, l^^tive^^ 
 and they are hereby declared to be continued Commissioners under certStes - 
 the said Act, entitled " An Act for effecting a Collection of Trade at and pay 
 the West End of the Islands of Bermuda, for the Ease and Convenience propiietora. 
 of the Inhabitants, in conformity to certain Boyal Instructions," for 
 the purpose of carrying the Intention of the same into effect ; and that 
 the said Commissioners be, and they are hereby declared to be duly 
 authorised as well to survey and ascertain the Quantities of Land 
 respectively contained in the Tracts and Lots aforesaid, as on Compu- 
 tation of the Yalue of the same, together with the Tenements thereon 
 erected and being, agreeably to Legislative Direction, to receive from 
 the Public Treasury Certificates chargeable on the Fund established 
 by an Act, entitled " An Act for raising a Public Revenue for the 
 Support of the Government of these his majesty's Islands," and apply 
 the same in Payment to the respective Proprietors of the said Tracts 
 and Lots, on their giving the said Commissioners reasonable, proper 
 and necessary Acquittances for the same. Always provided, that the Proviso, 
 said Commissioners do give the Treasurer thirty Days previous Noti- 
 fication of the manner wherein the said Certificates shall be issued. 
 And also always provided, that whenever the Tenant in possession of Proviso, 
 any or either of the said Tracts or Lots of Land shall hold a less 
 Estate therein than a Fee, the Certificate or Certificates in payment 
 therefor, shall, by the said Commissioners, be lodged in the Secretary's 
 Ofiiee, to be hereafter applied as shall by the Legislature be deemed 
 right and equitable. 
 
 H. And be it further enacted, &c., that on the issuing Payment, on payment 
 application or tender of Certificates in the manner herein before pre- theCrati" 
 scribed, the Proprietors of all and singular the Tracts and Lots of Land proprietors 
 comprehended within the Limits of the said Township of Hamilton, f^i^'^^^^J 
 with the Tenements thereon erected, and every of them, and all and lanas, and 
 every Person and Persons interested therein, be, and they are hereby velteTinthe 
 declared to be, fully indemnified, and therefore barred and for ever ^'■°™'J°'' 
 divested of their and each and every of their Eight, Title, Interest, the Town- 
 Claim and Demand whatsoever, either in Law or Equity, of, in, or to Hamiiton. 
 the said Tracts, Lots and Tenements aforesaid, and of, in, and to every 
 Part and Parcel thereof, with the Appurtenances, as fully, amply, and 
 effectually, to every Intent and Purpose, as the said Proprietors, or 
 any, or either of them, might or could be by Fine, Eecovery, Lease 
 and Eelease, Feoffment, Bargain and Sale, or any other Conveyance 
 whatever. And that thereupon the said several Tracts and Lots of 
 Land, together with the Tenements thereon erected and being, with 
 
68 
 
 BEEMUDA ACTS. 
 
 [1790. 
 
 Commission- 
 ers to lay out 
 the lands 
 into lots, 
 and sell 
 them. 
 
 Proviso. 
 Reservation 
 of certain 
 portions. 
 
 their and every of their Appurtenances, be, and the same are hereby 
 declared to be, to every Intent and Purpose whatever, invested in his 
 Majesty, his Heirs and Successors, for ever, for the Proper Use and 
 Behoof of the said Township of Hamilton, and to and for no other 
 Use, Intent and Purpose whatever. 
 
 III. And be it further enacted, &e., that the said Commissioners 
 be, and they are hereby declared to be fully authorized and empowered 
 to lay out the Lands comprehended within the Limits of the said 
 Township of Hamilton, into Lots, agreeably to a Plan approved by 
 the Legislature, and already delivered them for this Purpose; and 
 after giving Twenty Days previous Notice of the Time and Place of 
 Sale in the JBeemuda Gajzette, to sell or cause to be sold, at Auction, 
 all or any of the said Lots. Always provided, that such Sale be 
 entered upon on or before the first day of Janua/ry next, and that 
 reservation be had to Public Use of Forty-four Lots in the Plan 
 before-mentioned, particularly designated by the name of Public Lots, 
 together with the Land or Soil as well above as under the Water lying 
 to the Southward of the Lots in the said Plan called by the name of 
 Front Lots. 
 
 on'the^'saie^ ' ^^ ■ ^^^^^ ^® '^^1 <^°-j *^^* prcvious to au Entry on the Sale herein 
 before directed, the following Stipulations be by the said Commis- 
 sioners openly declared, and by the Parties admitted and expressly 
 held to be binding, to wit, That all Purchasers of Lots shall, in the 
 Conduct of Improvements to be made thereon, conform to such gen- 
 eral Regulations to be founded on simple and oeeonomieal Principles 
 as shall be necessary to preserve an Uniformity in the Fronts of 
 Streets, and give to the said Township a decent and advantageous 
 Appearance. That each and every Purchaser shall have the Priv- 
 ilege of fixing, at discretion, not exceeding Seven Years, the Time of 
 Payment of the Consideration Money to be given for any Lot, on 
 complying in other Eespects with the Conditions of Sale, and giving 
 the Premises, with all Improvements to be made thereon, in security, 
 ai3 well for such Consideration Money, as the Annual Payment of 
 Interest.— That in addition to the Sum bid at Auction, each and 
 every Purchaser shall be liable to the Payment of Commission and 
 Tax as Goods sold at Auction are by Law, Usage or Custom, sub- 
 jected, to be by the said Commissioners demanded and received : 
 And that each Purchaser shall be necessitated to make to the satis- 
 faction of the said Commissioners a Deposit of One Sixth Part of the 
 Consideration Money, to be accounted for on a Settlement. Always 
 iobeAieea.\J"'ov{def7, that Public Certificates be, and the same hereby are de- 
 thecomL- clared to be, a legal Tender to the said Commissioners in all Cases 
 sioners. whatever. And also always provided, that all Payments by the said 
 Commissioners received, whether in- Certificates or otherwise, be to 
 his Majesty, his Heirs and- Successors, for and towards supplying the 
 Deficiency of the Fund established by the Act, entitled "An Act for 
 raisinga Public Eevenue for the Support of the Government of these 
 his Majesty's Islands." 
 
 sioners to ^^ ^^^ ^^ ^*' ^^'^ ^^^^ ^^ ^^^^ Commissloners be, and they are 
 
 record their hereby declared to be, required to keep a Eecord of all and singular 
 proceed- |.]^gjj. Proceedings for the inspection of the Legislature, or any Part 
 
 Proviso, 
 Certificates 
 
 Proviso, 
 
 Commis 
 sioners to 
 
 proceed- 
 ing : copy 
 
1790.] BERMUDA ACTS. 69 
 
 tiiereof, and tliat a Copy of an Entry in such Book of Record of the ^^.f^Yt " 
 Time of Sale and Consideration given for any Lot in the Township sale and 
 aforesaid, under the Hand and Seal of the Chairman of the said Com- tionffs^'tobo 
 missioners, be, and the same is hereby declared to be sufficient to conveyance 
 invest the Purchaser with an absolute and indefeasible Estate of In- ^°^p™" 
 heritance in Fee Simple, of and in such Lot as fully and effectually, 
 to every Intent and Purpose whatever, as might or could have been done 
 by any Conveyance or Assurance made and executed in the most full 
 and ample manner. Always provided, that no Tenant be ousted of Proviso : in 
 his Possession until such a Measure shall be, in the Opinion of the tenants!'' 
 said Commissioners, rendered necessary to the due Execution of the 
 Charge to them committed in respect to the said Township ; and in 
 such case not until a reasonable Warning, in point of Time, shall be 
 to such Tenant afforded and given. 
 
 VI. And be it, &c., that in order to give the said Commissioners Governor 
 every effectual Assistance that can be afforded them, during the coundiiors 
 Kecess of the Legislature, in the due execution of their Office, it be, b^y^m'^n^^i 
 and it is hereby declared to be, lawful for his Excellency the Governor *e commis- 
 or Commander in Chief for the Time being, on aiDplication to him (d™ingthe 
 made for that purpose on the Part of the said Commissioners, to re- determine 
 quire the attendance when and as often as it may be necessary, of the """"ler 
 President of his Majesty's Council and two other Members meeting notrepug- 
 the appointment of that Honorable Board, and the Speaker of the lot andVe- 
 Assembly and six Members holding the Nomination of their House, ^°'^^^- 
 who shall, with the Commissioners aforesaid (his Excellency the Gov- 
 ernor or Commander in Chief for the Time being presiding therein) 
 
 be, and they are hereby declared to be a Committee fully authorised 
 to deliberate and determine on all or any other the Measures neces- 
 sary to be pursued for carrying the Public Intention respecting the 
 said Township clearly and decidedly into Effect ; and that the De- 
 termination of such Committee be obligatory and conclusive. Always 
 ^provided, that nothing in the said Committee 'adopted be repugnant 
 to the true Intent and Meaning of the said Act, entitled " An Act for 
 effecting a Collection of Trade at the "West End of the Islands of Ber- 
 muda, for the Ease and Convenience of the Inhabitants, in conformity ' 
 to certain Koyal Instructions," and the said Resolves of the eighth 
 and twenty-eighth Days of May aforesaid. 
 
 VII. And be it further enacted, &e., that on the first Day of couection of 
 January which will be in the Year of our Lord one thousand seven efftaed" *"' 
 hundred and ninety-eight, a Collection of Trade be effected within ^^fj^'^'^t^^ 
 the Limits of the said Township of Hamilton, in the manner intended Townsup of 
 by the said Act entitled "An Act for effecting a Collection of Trade fn^stjaAu- 
 at the West End of the Islands of Bermuda, for the Ease and Con- ary,i798. 
 venience of the Inhabitants, in conformity to certain Royal Instruc- 
 tions." And that from and after the said first Day of Janua/ry which penalty on 
 will be in the Year of our Lord one thousand seven hnndred and imponSf '"' 
 ninetv-eiffht, no Goods, Wares or Merchandize whatever to be ex- Goods from 
 
 /». T' 1 TIT ITT Tin IT *"^ ^° Other 
 
 ported from or imported mto these Islands, shall be laden or unladen parts of 
 in any Part of the same, except at the Keys or Wharves within the unds, after 
 Limits of the said Township of Hamilton, upon the Penalty of the *nfa'p^jiai 
 Forfeiture of all such Goods, Wares and Merchandize so to be laden leave. 
 or unladen. And also except in particular Cases where Special Suf- 
 
70 
 
 BERMUDA ACTS, 
 
 [1791. 
 
 Proviao ; not 
 to deprive 
 the Town of 
 St. George 
 of privi- 
 leges. 
 
 Proviso. 
 Lots remain- 
 ing unim- 
 proved on 
 Ist Janury, 
 1798, to rc- 
 veit to the 
 Crown. 
 
 ferance and Leave shall be first for the purpose had, from his Majes- 
 ty's Custom House, in such manner as shall meet the Approbation of 
 his Excellency the Governor or Commander in Chief for the time 
 being. Always provided, that nothing herein contained shall be con- 
 strued to deprive the Town of Saint George of the Privileges it at 
 present enjoys as a Port of Entry ; or to subject any Vessels in con- 
 sequence of this Act to the Necessity of removing from thence to the 
 said Township of Hamilton for the purpose of either lading or un- 
 lading. Also always provided, that every Lot within the Limits of 
 the said Township sold and remaining on the said first Day of Janu- 
 ary, which will be in the said Year of our Lord one thousand seven 
 hundred and ninety-eight altogether unirtfproved, or in such degree 
 as clearly not to meet the expressed Intention of the Legislature, shall 
 revert to his Majesty, his Heirs and Successors, to be again sold at 
 Auction ; and the Proceeds thereof, together with the Deposit made 
 therefor, be applied to the Purposes of the said Act, entitled " An 
 Act for raising a Public Eevenue for the Support of the Government 
 of these his Majesty's Islands." 
 
 AN ACT for the Sale of the Glebe Lot, in the Town and Pa/rish 
 
 of St. George. 
 
 [8 July, 1791.] 
 
 Conmiis- 
 sioners ap- 
 pointed to 
 sell the 
 Glebe Lot in 
 fee simple 
 conditional. 
 
 reambie. WHEKEAS Certain Land, in the Town and Parish of St. George, 
 
 commonly called the Glebe Lot, was originally appropriated to the 
 use of the Incumbent of the said Parish ; and whereas by a Sale of 
 the said Lot, under certain Conditions, the present Hector of the said 
 Parish and his Successors may receive a greater and more certain 
 Advantage and Benefit than he or they can derive from the said Lot 
 by Occupation, Ilent,or otherwise, and at the same Time the Interest 
 of the Public will be advanced by the Improvement of the said Lot, 
 which at present lies in a manner waste and useless : 
 
 I. We, &c., and be it enacted, &c., that within two Calender 
 Months after the passing of this Act the Honorable Francis Forbes 
 and Bridger Goodrich, Esquires, and the Kector of the Parish of St. 
 George, or any two of them, be Commissioners to sell the said Lot by 
 Public Auction, in Fee Simple conditional, at such Time and Place 
 as they shall direct. 
 
 Conditions II. And bc it, &c., that the said Lot be sold on the following 
 
 for'payme'nt Couditious (to Wit) that the Purchaser thereof shall pay into the 
 of_interest, jjauds of the Ecctor of the said Parish for the Time being seven per 
 Cent, per Annum Interest on the Amount of the Purchase of the said 
 Lot, and shall also pay the Country Tax and Vendue Master's Com- 
 missions, which said Payments of Interest shall be made at the expi- 
 ration of every Year, to be computed from the Day on which the said 
 Purchase shall have been made. 
 
 Rector may HI. Aud bc it, &c., that if any Purchaser of the said Lot shall, 
 mentTthe^" ^o^" ^^6 Spacc of ten Days next after the payment shall become due 
 bTuaWe" '° ^^^ payable as aforesaid, neglect or refuse to pay the same, it shall 
 
1793.] BERMUDA ACTS. n 
 
 and may be lawful for the Eector of the said Parish of St. George for 
 the Time being, to recover the same in any Court of Keeord in these 
 Islands, by Bill, Plaint, or Information, wherein no Essoin, Protec- 
 tion, or Wager of Law, shall be allowed. And the said Lot of Land 
 also shall be at all Times liable to and chargeable with the said In- 
 terest so to arise and become due as aforesaid, any alienation or other 
 disposal thereof by the original Purchaser notwithstanding. 
 
 IV. And be it,- &c., that if it shall happen that at any Time here- in case ot 
 after there shall be no Eector in the said Parish, to receive the said ^noRelt^f 
 Interest so to become due, then his Excellency the Governor or Com- ana counou 
 mander in Chief, together ^^■ith the Council, for the Time being, be, may receive 
 and they are hereby entitled to receive the same, to be by them re- llymlntot 
 served to the use of the succeeding Incumbent. And that his Excel- *^\teZf% 
 lency the Governor and Council in such Case shall be entitled to the ?^''°^^*'^f 
 same authority for compelling the payment of the said Interest so to ""'™ 
 become due from the Purchaser, as the Rector of the said Parish is 
 entitled to by this Act. 
 
 V. And be it, &c., that the Purchaser of the said Lot of Land Purchaser 
 shall be obliged to build a good and substantial smooth Wall of three waiL* 
 Feet high, within two Years from the Day of Purchase, under the 
 Penalty of one hundred Pounds, to be recovered in the manner be- 
 fore-mentioned, by any Person who shall sue for the same, whi«h 
 Penalty shall be to His Majesty, his Heirs and Successors, and paid 
 
 intp the Hands of his Excellency the Governor and Council, to be 
 appropriated towards building a Glebe House in the said Parish of 
 St. George. 
 
 AN ACT the better to EnMe His Excellency the Governor to take v/p 
 in hehalf of His Majesty certain small Parcels of Land for the 
 purpose of Erecting Forts, Batteries and other Worhs for the 
 Defence of these Islcmds, and for pointing out the mode of in- 
 demnifying the Owners of the same, and vesting such lands in the 
 Crown on the receipt of such Indemnity. 
 
 [29 June, ITOS.] 
 
 WHEBEAS the following Parcels of Land are about to be taken Preamble. 
 up by His Excellency the Governor for the purpose of erecting Forts 
 and Batteries for the defence of these Islands, to wit, a parcel of land 
 not exceeding seven Acres late the property of the Honorable George 
 Forbes, Esquire, and situate on the Island called Fort Paget Island, 
 in the Parish of Saint George — one other parcel of land not Exceed- 
 ing Two Acres the property of the Honorable Bridger Goodrich, 
 Esquire, and adjacent to the Bear of the Battery at Catharine's Point 
 in the said Parish of St. George, one other parcel of land not exceed- 
 ing Two Acres the property of the Honorable Henry Tucker, Esquire, 
 and lying to the Northward of the Hospital, to the Eastward of the 
 Town of Saint George, and one other parcel of land not exceeding 
 one acre the property of Josiah Dickinson Esquire, fronting the En- 
 trance of the Hog-fish Cut and bounded by the Sea and lands of 
 Eobert Bassett Esquire ; 
 
72 BERMUDA ACTS. [1793. 
 
 And Whereas the prices of the said several parcels of land cannot 
 be fixed by agreement — In order therefore to remove every difficulty 
 attendant on the Business : 
 
 Magistrates I. "We, &c., and be it enacted, &c., that it shall and may be lawful 
 l°ju^o°fix for the Magistrates of the Parishes where these lands respectively lye, 
 'certlto"^ °' to summon by writ a Jury of the Vicinage who having reviewed the 
 lands in St. Premises and being sworn well and truly to discharge the trust hereby 
 and fronting reposcd in them, shall have power to fix the value of the said Tracts 
 cut^f^andto of l^ud and also to ascertain the damage that shall or ma;^ be sus- 
 theiama e t^^^^l by means of the placing cannon on "Wreck Hill situate in Sandy 
 of placing Parish and belonging to Jeremiah Burrows^squire, when that work 
 wf^rHm. shall be effected ; for the payment and satisfaction of which, the said 
 Jeremiah Burrows is hereby declared to have a legal Demand on the 
 Crown immediately on the same being ascertained. 
 
 TesteVtoth'e ■'■•'■• '^°*^ ^® ^*' ^^"> *^^* °^ *^® payment or Tender of the ap- 
 orown, on praised value of the said Tracts of Land to the respective Owners, 
 te^rrf" the said Parcels of land be vested, and the same are hereby declared 
 prafaed *° ^® vcstcd in His Majesty His Heirs and Successors forever, for the 
 value. purpose of Erecting Forts and Batteries and other "Works for the de- 
 proviso. fence of these Islands. Always provided that the said parties be at 
 except to liberty and they are hereby declared to be authorized to object to the 
 •c^^*°'^ Jurors for favour. Affection, Affinity or Consanguinity — and also 
 Inquisition always pwvided that the said Inquisition be had and taken in the 
 inthVpres" preseucc of two of His Majesty's Council meeting^ the appointment 
 tSn°cou?i"" '^^ *^** Honourable Board and two or more of the Kepresentativ'es of 
 ciiors and the Parishes respectively where the said Tracts of land lie. 
 
 Assembly, 
 men. 
 
 AN ACT for the better JRegulation of Vestries, Constables and 
 Churchwa/rdens in these Islands. 
 
 [29 June, 1T93.] 
 
 treambie. WHEREAS doubts have arisen respecting the mode of choosing 
 
 "Vestrymen in the several Parishes in these Islands, and the responsi- 
 bility of Constables and Churchwardens within the same ; In order, 
 therefore, to remove such doubts in future, — 
 
 Every par- ^- ^6, &c., and be it enacted, &c., that from and after the first 
 
 annuaii'°°^° day of October next it shall and may be lawful for the Parishioners 
 Mt exceed- of any Parish in these Islands, and they are hereby declared to be 
 d°entper-'' authorizcd anuually to choose a number not exceeding twelve, of fit 
 veTtry * ^^^ ^^^® persous resident within such Parish (of which the Minister 
 for the time being shall, in the Parish of George, be one) as a "V"estry 
 for conducting the several matters and things incident to the said 
 •A majority Barfsh, and that a majority of the said number so chosen (whereof the 
 shau'bTa Minister shall, in the said Parish of St. George, except in case of sick- 
 quorum, ness, be one) be a quorum to do business.. 
 
 churoh-wav- H. Aud be it, &c., that any person who shall from and after the 
 ?o se'rf^JS^ said first day of October next be chosen into the office of Church- 
 forfeit iio. warden for any parish in these Islands, and shall refuse or neglect to 
 
ms.] BERMUDA ACTS. 7S 
 
 offer himself for qualifioation and to serve in such office, shall be and 
 is hereby declared to be subject and liable to the penalty of ten 
 pounds current money, and that every person who shall be chosen a And oonsti- 
 constable, and who shall in like manner refuse or neglect to offer ^l^tlmt^'. 
 himself for qualification and to serve as such, shall also be liable to 
 the penalty of five pounds like money, to be levied by warrant to be 
 issued by a magistrate of the parish where such refusal shall happen, 
 and for want of distress, to imprisonment for a term not exceeding 
 two months, any law, usage or custom to the contrary in any wise not- 
 withstanding. 
 
 III. And be it, &c., that from and after the first day of October constable 
 next every Constable in these Islands who shall depart the same be- tSV 
 fore his time for serving is expired, shall, on his return thereto be exptJation" 
 liable, on the first vacancy to be rechosen and to serve his full time °l ws «me 
 of twelve months, without any allowance being made him for the uabietob'e 
 time he had formerly served in the said office. re-ohosen. 
 
 IV. And be it, &c., that each Churchwarden in these Islands aentoWac- 
 shall be liable and accountable to the parish where he shall be chosen, countable 
 for the whole assessment to him delivered to be collected and gath- wLie 
 ered up, such part thereof only excepted as he shall be able to make aSesSnen't 
 appear to be irrecoverable from the indigency or insolvency of any ma°'beSe-' 
 person rated therein ; and that every Churchwarden be allowed for coverabie. 
 his services at and after the rate of Five Pounds in the Hundred tno^a'b 
 Po*inds upon all Monies by him collected and paid. percent. 
 
 V. And be it, &c., that all fines and Forfeitures arising by virtue Fines to be 
 of this Act be to his Majesty, his heirs and successors, to be applied use'o'f the 
 to the uses of the respective parishes where the same shall be in- fnm^ei!"" 
 curred. 
 
 YI. And be it, &c., that this Act shall be in force until the first Duration ot 
 day of October which will be in the year of our Lord one thousand 
 seven hundred and ninety-eight, and then to determine and expire. 
 
 [Amended and continued to end of 1868, by Act of 1858, No. 8. Property qualification 
 of Parish Officera and Voters fixed by Act of 1834, No. 2.] 
 
 AN ACT for altering and amending an Act, entitled " An Act lay- 
 ing am, Imposition on the raising the Flatts Bridge." 
 
 [29 June, 1798.] 
 
 Act. 
 
 "WHEEEAS it has been found necessary for the accommodation P^amw*- 
 of persons building large Vessels within the Bason of "Water called 
 the Little Sound, to widen the said Flatts Bridge, by which means 
 the Public has incurred a particular expence ; in order, therefore, to 
 indemnify the Public for such expence : 
 
 I. We, &e., and be it enacted, &c., that from and after the time Rate to be 
 when the said Flatts Bridge shall be widened agreeably to a Kesolve furc forrais- 
 of the Legislature in the present Session of Assembly, the sum to be ^^1^'^^^ 
 paid to the Public Treasurer for a Licence to raise the said Bridge 
 instead of Twelve Shillings Current Money, and the further sum of 
 10 
 
74 
 
 BERMUDA ACTS, 
 
 [1793. 
 
 five shillings for every hour the said Bridge shall remain up after the 
 
 first six hours from the raising of the same, as directed by the said 
 
 Act, entitled ?' An Act laying an imposition on the raising the Flatts 
 
 Bridge," shall be six-pence Current Money for every Ton that the 
 
 Vessel about to pass the said Bridge shall admeasure, agreeably to 
 
 Proviso. the Surveyor's Certificate. Always provided that any person who 
 
 unne?eBla?- sKall at any time hereafter unnecessarily keep up the said Bridge be 
 
 uy keeping g^^jggt ^nd liable to an action by the party aggrieved, in any Court 
 
 l\ttokT' °^ iiecord in these Islands, wherein no Essoin, Protection or Wager 
 
 i\L° "' of Law shall be allowed, nor more than one imparlance granted. 
 
 AN ACT to Encourage the Collection of Trade at the Towns of Saint 
 George and Hamilton, ly the sale of the Glebe Land near the for- 
 mer, and the Incorporation of the latter, amd for other Purposes 
 
 therein mentioned. 
 
 [29 June, 1793.] 
 
 WHEEEAS the period fixed by the Legislature for the collection 
 of Trade at the Towns of Saint George and Hamilton is drawing nigh ; 
 and whereas it is deemed prudent to give every possible aid to those 
 Towns, the better to enable them to carry the wholesome intentions of 
 the Legislature fully into execution ; and whereas it also appears that 
 the Tract of Glebe Land near the Town and in the Parish of Saint 
 George is so wholly unimproved as to yield only the annual sum of 
 twenty pounds current money ; and whereas it is deemed expedient 
 as well to the benefit of the present incumbent and his successors as 
 to the Public at large, and the said Town of Saint George in particu- 
 lar, by drawing the same into a state of improvement, to sell the said 
 Land; 
 
 I. We, &c., and be it enacted, &c., that as soon as may be conve- 
 nient, not exceeding twelve months after the passing of this Act, the 
 Honorable Andrew Durnford and Bridger Goodrich, Esquires, and 
 Williaiu Foot, Joseph Hutchison, Edward Goodrich and Edwin Stone 
 Burch, Esquires, and the Sector of the said Parish, and any three or 
 more of them, be Commissioners to sell the said Tract of Glebe Land 
 at Public Auction, in Fee Simple conditional, at such time and place 
 as they shall direct. Always provided, that the nett amount of in- 
 terest to grow due annually on the proceeds of such sale be not less 
 than thirty pounds current money. 
 
 The land to II. And be it, &c., that the said Land shall be divided by the 
 
 and sold^fn Said Commissiouers as they may think proper, and sold in Lots on the 
 
 ditionto""" following conditions, to wit, that the purchaser shall pay into the 
 
 pay interest hauds of the licctor of the said Parish of Saint George for the time 
 
 aSd'Sges being, seven pounds in the hundred pounds interest on the amount 
 
 of sale. of the purchase money of each and every Lot, and shall also pay the 
 
 Country Tax and Vendue Master's Commissions, and that the said 
 
 payment of interest shall be made at the expiration of every year, to 
 
 be computed from the day whereon the said purchase shall have been 
 
 made. 
 
 Commis- 
 sioners to 
 sell the 
 tract of 
 Glebe Land 
 near the 
 town of St. 
 George, in 
 fee-simple 
 conditional. 
 
1793.] BERMUDA ACTS. 75 
 
 III. And be it, &c., that if the purchaser of any Lot of the said p^y^'^^t"?' 
 Glebe Land shall, for the space of ten days next after the payment of the interest, 
 the interest shall become due and payable as aforesaid, neglect or re^.en°e"or 
 refuse to pay the same, it shall and may be lawful for the Kector of J'Sst.""' 
 the said Parish of Saint George for the time being, either to re-enter 
 into such Lot and hold the same again as in his former Estate, or to 
 recover the said annual interest in any Court of Eecord in these 
 Islands, by Bill, Plaint or Information, wherein no Essoin, Protection 
 or Wager of Law shall be allowed ; and that such interest immediately J^y^l^'l'^fj 
 on the same becoming due shall be deemed and considered in point of erabie debt, 
 rank as equal to any debt due on judgment, and preferable to any charge on 
 debt, or bond, or other specialty whatever ; and also, that the said '''^ '°"- 
 Glebe Land and every Lot of the same after division, shall be at all 
 times liable to and chargeable with the said interest so to arise and 
 become due as aforesaid, any alienation or other disposal thereof by 
 the original purchaser notwithstanding. 
 
 IV. And be it, &c., that if at any time hereafter there shall be no if thers be 
 Hector in the said Parish of Saint George to receive the said interest, the Govcm- 
 so to become due, then and in such case the Governor or Commander Zi,vym°y^' 
 in Chief and Ordinary of the Islands of Bermuda for the time being, receive and 
 
 «/ <^' rscoTsr the 
 
 shall have power, and he is hereby declared to be authorized to receive interest, and 
 the same, and reserve it to the use of the succeeding Hector ; and that fortiie^suo- 
 the said Governor and Ordinary shall have the same power and au- ^"t'JJ.^ 
 thority to compel the payment of the said interest so to become due 
 from the purchaser, as the Hector of the said Parish of Saint George 
 is herein before declared to have been entitled to. 
 
 Y. And whereas also it is deemed not only just and equitable, but Freeholders 
 ■highly prudent while the Legislature is holding out advantages to the ofHan^t™ 
 Town of Saint George, to shew an equal attention to the growth and to electa 
 welfare of the infant Township of Hamilton ; and whereas also it is dermen, and 
 conceived that the interests of the said Township of Hamilton will be coS™ 
 considerably advanced by erecting the same into a Corporation, be it 
 therefore enacted and ordained by the Authority aforesaid, that on 
 the first Monday in January next, or on some other day in the then 
 ensuing week, it shall and may be lawful for the Freeholders of the 
 said Town of Hamilton to meet and assemble at some convenient 
 place therein to be fixed on and made known, by majority of the Com- 
 missioners of the said Township of Hamilton, and in case none are in 
 Office, then by the Magistrates of the Parish of Pembroke by Adver- 
 tisement in the Bermuda Gazette, or some other public manner, and 
 then and there by pleurality of voices or votes then met to elect and 
 choose out of the Freeholders of tlie said Town, one person as a 
 Mayor, three as Aldermen, and five as Common Council, who having 
 :^st taken an oath before some one of his Majesty's Justices of the Peace 
 of the said Islands of Bermuda, truly, faithfully and impartially to 
 discharge the trust reposed in them by this Act, shall be, and the same 
 are hereby declared to be the Mayor, Aldermen, and Common Council, 
 of the said Town of Hamilton, for and during the space of one year 
 thence next ensuing, and until others shall be elected and chosen in 
 their place and stead. 
 
76 
 
 BERMUDA ACTS. 
 
 [1793. 
 
 On the first 
 Monday, or 
 some other 
 day in the 
 ensuing 
 week in Jan- 
 uary, in ev- 
 ery year, 
 persons to 
 be chosen to 
 fill the said 
 places of 
 Mayor, Al- 
 dermen, and 
 Common 
 OouncU. 
 
 Proviso. 
 
 In case of 
 vacancy by 
 death, ab- 
 sence or re- 
 moval, the 
 freeholders 
 may elect 
 another per- 
 son for the 
 residue of 
 the year. 
 
 The Mayor, 
 &c., to be a 
 Body Politic 
 and Corpo- 
 rate; and 
 have per- 
 petual suc- 
 cession, and 
 be persona- 
 ble in law. 
 
 And be ca- 
 pable of 
 holding 
 lands not 
 exceeding 
 £1,000 a 
 year, and 
 goods and 
 chattels ; 
 and may 
 . dispose of 
 their real 
 estate, and 
 goods and 
 chattels. 
 
 VI. And be it, &c., that on every first Monday in_ January, yearly, 
 and every year forever hereafter, or some other day in the then ensu- 
 ing week, to be fixed on and made known by the Mayor, Aldermen, 
 and Common Council, of the Town of Hamilton, by Advertisement 
 in the Bermuda Gazette, or some other public manner, there be in 
 like manner, chosen other persons to fill the said places of Mayor, 
 Aldermen and Common Council for the said Town of Hamilton for 
 the year then next ensuing. 
 
 Always provided that it shall be no objection to the election of 
 any person that he hath been in office for the preceding or any former 
 year. 
 
 Vn. And be it, &c., that when and as often as any or either of 
 the said places of Mayor, Aldermen, and Common Council, shaU be- 
 come vacant by death, absence or other removal, it shall and may be 
 'lawful for such as continue in office to call a special meeting oi the 
 Freeholders of the said Town of Hamilton, for the election of another 
 person to officiate in the room and stead of such person so dead, ab- 
 sent, or otherwise removed, for and during the residue of the said year, 
 then to come and unexpired. 
 
 Vni. And be it, &c., that the said Mayor, Aldermen, and Com- 
 mon Council, and their successors forever hereafter, shall be and 
 remain one Body Politic and Corporate, in Keality, in Fact and in 
 Name, by the name of the Mayor, Aldermen, and Common Council, 
 of the Town of Hamilton, in the Islands of Bermuda ; and that by 
 that name they shall and may have perpetual succession and be per- 
 sonable in Law, and capable to sue and be sued, implead and be im- 
 pleaded, answer and be answered unto, defend and be defended in all 
 Courts and Places whatever, and in all manner of Actions, Suits, 
 Complaints, Pleas, Causes, Matters and Demands whatsoever, and of 
 what nature or kind soever, in as full and ample manner and form as 
 any of his Majesty's other liege Subjects of the said Islands of Ber- 
 muda, being personable and capable in Law, may or can sue or be 
 sued, implead or be impleaded, answer or be answered unto, defend 
 or be defended by any lawful "Ways and Means whatever. 
 
 IX. And be it, &c., that the said Mayor, Aldermen, and Common 
 Council, and their Successors, shall be capable to purchase, take, hold, 
 receive and enjoy, any Messuages, Buildings, Lands, Tenements, 
 Eents, Possessions and other Hereditaments, and Eeal Estate in Fee, 
 and forever for term of life and lives or years, or in any other manner 
 (so as the same exceed not at any time the yearly value of one thous- 
 and pounds current money of Bermuda, by the year beyond and 
 above all charges and reprizes, the statute of Mortmain or any other 
 Law, Usage or Custom, to the contrary in any wise notwithstanding^ 
 and also Goods, Chattels and all other things of what kind or quality 
 soever ; and also that the said Mayor, Aldermen, and Common Council, 
 and their Successors, by the said name of the Mayor, Aldermen and 
 Common Council, of the Town of Hamilton, in the Islands of Ber- 
 muda, shall and may give, grant, demise, assign, sell or otherwise 
 dispose of all or any the Messuages, Houses, Buildings, Lands, 
 Tenements, Eents, Possessions and other Hereditaments, and Eeal 
 
1793.] BERMUDA ACTS. <11 
 
 Estate ; and all their Goods, Chattels and other things aforesaid, as 
 to them shall seem meet, at their own will and pleasure. 
 
 X. And be it, &c., that the said Mayor, Aldermen, and Common Ana may 
 Council, for the time being, and their Successors, shall and may for- u"l com- 
 ever hereafter have and use a common Seal, with such device or ™°°^'*'- 
 devices as they shall think proper for sealing all and singular Deeds, 
 Grants, Conveyances, Contracts, Bonds, Articles of Agreement, 
 Assignments, Powers, Authorities, and all and singular other matters 
 
 and things touching or concerning the said Corporation ; and, as they 
 shall see cause, to break, change and new make the same, or any other 
 common seal, when and as often as the said Mayor, Aldermen, and 
 Common Council, or their Successors, shall see fit. 
 
 XI. And be it, &e., that the said Mayor, Aldermen, and Common ^^^^^^ 
 Council, for the time being, and their Successors, shall and may have appoint and 
 power and Authority, under their common seal, to choose, nominate -Slffl. 
 and appoint such and so many officers as they shall judge necessary ^ake^Bye-" 
 for the conducting the business of the said Corporation, and to pay and Laws re- 
 allow them such pensions, salaries or fees as to them shall seem meet ; Ekell, 
 and the same, or any of them, upon malfeasance or nonfeasance to MeilmeB^"* 
 displace and remove ; and upon the death, deprivation or removal of ^™?°''j 
 them, or any of them, others in their place and stead to appoint and other mat- 
 put ; and also to make, ordain and enact such rules, orders, bye-laws, ^aVd aat 
 statutes and ordinances respecting the appointment -of Markets, the *'Jftjg"^^^ 
 regulation of Weights and Measures, the fixing the Assize of Bread, nam to the 
 and all other matters and things for the ordering, ruling and good England or 
 Government of the said Corporation and of the Officers belonging to °' Bermuda, 
 the same, as the said Mayor, Aldermen, and Common Council, or 
 
 their Successors, shall see fit ; and that such rules, orders, bye-laws, 
 statutes and ordinances so made, shall be and stand in full force, 
 power and strength in law, until ^he same shall be repealed by the 
 said Mayor, Aldermen, and Common Council, or their Successors ; 
 al/wa/ys provided, that such rules, orders, bye-laws, statutes and ordi- 
 nances be not repugnant or contrary to the laws of that part of Great 
 Britain called England, or of the said Islands of Bermuda. 
 
 XII. And be it, &c., that every act and order of the majority of Acts of the 
 the said Mayor, Aldermen, and Common Council, shall be as good, ?eTau'd;'° 
 valid and effectual, to all intents and purposes, as if the whole of them be'made" 
 had been present and had consented and agreed thereto. Always withoutas- 
 provided, that no Act or Ordinance of the Common Council to be or'andtwo'^ 
 made without the assent of the Mayor and two Aldermen, shall have '"'*«™™- 
 any validity, force or effect whatever. 
 
 Xni. And whereas, his Majesty has been graciously pleased, by 
 his royal orders in Council, bearing date the fifteenth day of June, in 
 the year of our Lord one thousand seven hundred and ninety two, 
 and the twenty-fifth day of January, in the year of our Lord one 
 thousand seven hundred and ninety three, to approve of the port of 
 Saint George, and the said port of Hamilton, in the Harbour of Crow 
 Lane, in the Islands of Bermuda, to be ports for the importation of 
 Sugar and Coffee, the produce of any foreign country or plantation, 
 subject to certain regulations ; and whereas it is conceived that not 
 
78 
 
 BEEMUDA ACTS. 
 
 [1794. 
 
 As soon as 
 the Town of 
 Hamilton be 
 organized 
 by ttie elec- 
 tion of the 
 Corporar 
 tion, and as 
 soon as the 
 Public of 
 Bermuda 
 shall be in- 
 demnified 
 for the stip- 
 ulations en- 
 tered into on 
 behalf of the 
 Town, to the 
 satisfaction 
 of the Legis- 
 lature ; the 
 lands within 
 the Town 
 shall be 
 Tested in the 
 Mayor, Al- 
 dermen and 
 Common - 
 Council, to 
 the use of 
 the Town. 
 
 only the wholesome purposes meant by the said orders may be better 
 answered, but also that the intention of the Legislature respecting the 
 collection of trade at those ports, for the Ease and Convenience of the 
 Inhabitants, in conformity to certain Eoyal Instructions, will be more 
 effectually carried into execution by vesting the Lands of the said 
 Town of Hamilton, in the Mayor, Aldermen, and Common Council 
 herein befure-mentioned, and their Successors, be it enacted by the 
 authority aforesaid that when and as soon as the said Town of Hamil- 
 ton shall be completely organized as a Corporation, by the Election of 
 a Mayor, Aldermen, and Common Council, agi-eeably to the mode 
 herein before prescribed, and the public of Bermuda shall be fully 
 indemnified for all and singular the stipulations, as well for interest 
 as principal, entered into in behalf of the said Town of Hamilton, to 
 the satisfaction of the Legislature, all and singular the Lands, Lots of 
 Land, Tenements and Hereditaments, within the limits of the said 
 Town of Hamilton, with the rents, issues and profits of the same, 
 shall be vested, and the same are hereby declared to be vested fully 
 and absolutely in the said Mayor, Aldermen, and Common Council of 
 the said Town of Hamilton, and their Successors, and assigns forever, 
 to be by them converted to the proper use, benefit and behoof of 
 the said Town of Hamilton, and to no other use, intent or purpose 
 whatever. 
 
 AN ACT directing the manner of emitting the Copper Coin he- 
 longing to the JPvblic of Berrnuda, and fixing the Value of the 
 same. 
 
 [26 AprU, \l9i.'] 
 
 Preamble. 
 
 WHEKEAS his Majesty has been graciously pleased by his Or- 
 der in Council of the first of FebriAry, one thousand seven-hundred 
 and Ninety-three, to authorise Matthew Bolton, Esquire, of Birming- 
 ham, in England, to strike for the use of the Inhabitants of these 
 Islands a quantity of Copper Coin, not exceeding the value of Two 
 Hundred Pounds Sterling ; and whereas it is deemed essential to the 
 welfare of the community, that such part of the said Coin as is already 
 received, be put into immediate circulation : 
 
 I. We, &c., and be it enacted, &e., that the Treasurer be author- 
 ised to pay in any Copper Coin that is or may be in the Treasury, in 
 consequence of the said Order in Council, to any person having a de- 
 mand on the Public, two and an half per cent, on the amoiint of such 
 demand, at the rate of twelve Coppers for a Shilling currency, and 
 that the person having such demand be obliged to receive such Cop- 
 per Coin in payment, at such rate in the same manner as gold and 
 silver monies are by law or custom made payable in these Islands, 
 untn the whole quantity of Copper Coin shall have been emitted from 
 the Treasury,' either by payment, exchange or otherwise. 
 
 In other H. And bc it, &c., that in any other payments, after the passing 
 
 So^rao'^'is of this act, to be made in these islands, no person be obliged to re- 
 t^TMe^rr'^ ceive more than eleven Coppers in any payment whatever, and that 
 
 The Treas- 
 urer may 
 pay to any 
 public credi- 
 tor 2i per 
 cent, of his 
 demand in 
 the copper 
 coin, at the 
 rate of 
 twelve for a 
 shilling. 
 
1794.] BERMUDA ACTS. 79 
 
 on all occasions a tender of a less number of Coppers than twelve be ""''* *''*° 
 deemed as payment at the rate aforesaid, in the same manner as gold persinany 
 and silver monies are by law or custom made payable within these AYender'of 
 Islands. ^-,f-,. 
 
 [See the Eoyal Proclamation of 7 June, 1793, respecting this Coin, registered in the 
 Book of Laws in the House of Assembly in this year ; and see Act of 31 July, 1794.] 
 
 A'N ACT to explain and amend an Act, entitled "An Act for the 
 more regulwr Pa/yment of the Clergy, the regulating the Seats or 
 Pews in the several Churches in these Islands, and more effect- 
 ual Becovery of Pa/rish Assessments.'" 
 
 [30 July, 1794.] 
 
 "WHEEEAS doubts have arisen in the breast of the Yestry and Preamble. 
 Assessors of several Parishes in these Islands, respecting the mode of 
 Assessment for the Balance of Parochial Charges, when the monies 
 arising from the sale of Pews, are unequal to the satisfaction of the 
 said charges. In order, therefore, to remove those doubts in future : 
 
 I. We, &c., and be it enacted, &c., That in case the monies aris- "o'neyljT 
 ing from the sale of the Pews in any Parish in these Islands shall not not sum- 
 be sufficient to pay the stipend due to the Incumbent thereof, the re- the"paro?*'' 
 pairs of the Church, 'and other Parochial charges within the said *— th*baf- 
 Parish, the balance of such charges shall be assessed for and paid by ancetobe 
 
 1 T-n*i' 1111 {* 1 1 1 ■ assesBed for 
 
 the several Parishioners and holders oi real and personal property m onthehow- 
 such Parish, in proportion to the value of their respective estates an/peraon- 
 therein, without any distinction as to their or any or either of their t'lthout^to-' 
 being purchasers or concerned in the purchase of any Seat or Pew. tinction, 
 
 o ± L .J Whether pur- 
 chasers of 
 pews or not. 
 
 AN ACT to reveal Part of An Act, entitled "An Act directing^ the 
 manner of emitting the Copper Coin belonging to the Puhlic of 
 Bermuda, amd fixing the value of the sameP 
 
 [31 July, 1794.] 
 
 "WHEEEAS his Majesty, by his Eoyal Proclamation, dated at Preamble. 
 Saint James's the seventh day of June, in the year of our Lord one 
 thousand seven hundred and ninety three, has been pleased to regu- 
 late the value of the Copper Coinage lately received in these Islands ; 
 and whereas previous to the receipt of such Proclamation, the Legis- 
 lature of these Islands had, by the said Act, entitled " An Act direct- 
 ing the manner of emitting the Copper Coin belonging to the Public 
 of Bermuda, and fixing the value of the same," made certain Eegula- 
 tions in some manner different from those pointed out in the said 
 Proclamation : 
 
 I. "We, &c., and be it enacted, &c., that such parts of the said 
 Act, entitled " .An Act directing the manner of emitting the Cop- 
 per Coin belonging to the Public of Bermuda, and fixing the Yalue 
 
80 BERMUDAACTS. [1795. 
 
 of the Bailie," as are repugnant to the said Regulations so as aforesaid 
 made by the said Proclamation, be repealed, and the same are hereby 
 declared to be repealed and annulled to every intent and purpose 
 whatever. 
 
 [The King's Proclamation of 1 June, 1793, is registered at Ml length in the Book of 
 Laws of that year, in the House of Assembly.] 
 
 A'N ACT for the Sale of the Glebe Land lyvng in Pagefs Pmish, 
 a/nd thereby rendermg it wbore profitable to the present andfutmre 
 Inffwmhents. 
 
 [18 July, 1796.] 
 
 Preamble. WHEEEAS the Glebe Land, in the Parish of Paget, and the 
 
 Buildings thereon, are productive of but small benefit the Incumbent ; 
 and whereas by a sale of the said Glebe Land, under certain condi- 
 tions, the present Rector of the said Parish and the Parish of "War- 
 wick (to both which Parishes the said Glebe hath been considered to 
 appertain) and his successors, will receive a greater and more certain 
 advantage, than he ' or they can derive from the land by occupation, 
 rent or otherwise, and at the same time the interest of the Public will 
 be advanced by the improvement of the said land : 
 
 oommis- I. We, &c., and be it enacted, &e., that as soon as may be con- 
 
 seiTtte und vcuient, not exceeding six months after the passing of this act, the 
 conditSi° honorable James Tucker, Esquire, Benjamin Bascome, William Smith, 
 the annual' and Nathaniel Butterfield, Esquires, and the Rector of the Parishes 
 not 'to be™ of Warwick and Paget, or any three of them, be commissioners to sell 
 igs than |.]jg g^|(j \2,-aA and improvements at public auction, in fee simple, condi- 
 tional at such time and place as they shall direct. Al/wa/ys provided, 
 that the net amount of interest to grow due annually on the proceeds 
 of such sale be not less than thirty poimds current money. 
 
 conditionB. II. And be it, &c., that the said land shall be sold by the said 
 commissioners as they may think proper, either in lots or in the 
 whole, on the following conditions, viz. That each purchaser of the 
 said land shall pay into the hands of the Rector for the time being 
 seven per cent, per annum interest on the amount of the purchase by 
 him or her made, and shall also pay the country tax and vendue 
 master's commission attendant on such purchase, which said payment 
 of interest shall be made at the expiration of every year, to be 
 computed from the day on which the said purchase shall have been 
 made. 
 
 In default of III. And be it, &c., that if the purchaser of any part, or the 
 fhJannua"/ whole of the said land, shall, for the space of ten days next after the 
 Rector'may Payment of the interest shall become due and payable, as aforesaid, 
 Ind'theiand ^^S^^^^ ^""^ refuse to pay the same, it shall and may be lawful for the 
 shaii'beHa-'' Rcctor of the Said Parishes of Warwick and Paget for the time being, 
 bie therefor, ^q recover the same in any Court of Record in these Islands, by bill, 
 plaint or information, wherein no essoin, protection or wager of law 
 shall be allowed. And the said Glebe Land (if divided) stall be at 
 
1795.] BERMUDA ACTS. 81 
 
 all times liable to and chargeable with the said interest so to arise 
 and become due as aforesaid, any alienation or other disposal thereof 
 by the original purchaser notwithstanding. 
 
 ly. And be it, &c., that if at any time hereafter there shall be locase 
 no Rector in the Parish of "Warwick or Paget, to receive the interest ReoToMhe 
 so to become due, then, and in such case, the churchwardens of the aenra^d"' 
 said Parishes of Warwick and Paget, together with the vestry of the vestries to 
 said Parishes, be, and they are hereby authorised to receive the same, for the sue- 
 to be by them reserved to the use of the succeeding Incumbent ; and cum&'[°' 
 that the said churchAvardens and vestry, in such cases have, and they 
 are hereby declared to have the same authority for c(5mpelling the 
 payment of the said interest so to become due as the Rector of the 
 said Parishes of Warwick and Paget is entitled to by this Act. 
 
 AN ACT jor the better enabling Vice Admiral Murray or any other 
 Person or Persons who shall or may be authorized by His Majesty 
 to take up certain lands in Sandy''s Parish for the use of Govern- 
 ment, and for pointing out the m/)de of indemnifying the Owners 
 of the same and vesting such lands in the Crown on the receipt of 
 such Indemnity. 
 
 [10 October. 1796.] 
 
 WHEREAS certain lands are wanted and have been applied for Preambis. 
 by Vice Admiral Murray for the several uses and purposes of Govern- 
 ment, to wit, the Island of Ireland situate in Sandy's Parish for the 
 purpose of establishing a E'aval Dock Yard and other conveniences 
 for the use and accommodation of His Majesty's Ships which may 
 resort hither, and also a parcel of land at a place called Wreck Hill 
 in Sandy's Parish aforesaid, not exceeding one acre for the purpose of 
 erecting a Light House. And Whereas it is apprehended that a cer- 
 tain proportion of the said land may be held in Fee-tail or owned by 
 Minors or otherwise so circumstanced that the same cannot be alien- 
 ated were the proprietors thereof even desirous to do so, without a 
 tedious and expensive process in the Courts of Law, or waiting till 
 such Minors arrive at full age, unless a positive and express Law is 
 provided for the purpose. 
 
 I. We, &c., and be it enacted, &c., that it shall and may be lawful 9°^-^ 
 for the Persons hereinafter nominated as Commissioners, or any three of vXe oe?- 
 them to summon by Writ a Jury of the Yicinage composed of not less *™i»°*»- 
 than twelve Men, who having reviewed the Premises and being sworn 
 well and truly to discharge the trust hereby reposed in them, are to have 
 full power to fix the value of the said lands together with the build- 
 ings and other Improvements thereon (all fortifications excepted) for 
 the payment or satisfaction of which the respective owners or proprie- 
 tors thereof are hereby declared to have a legal demand on the Crown 
 immediately on the same being ascertained. Provided always that proviso. 
 nothing in this Act shall be construed to extend to prevent the respect- m'ay makf 
 ive Owners or Proprietors of such lands from making a private Contract p^™*^ '=°''- 
 with the said Vice Admiral Murray or any Person or Persons author- 
 11 
 
82 
 
 BERMUDA ACTS. 
 
 [1795. 
 
 Convey an- 
 ceB to vest 
 the lands in 
 the Crown 
 whether 
 held in fee- 
 tail, fee-sim- 
 ple or for 
 life. 
 
 Timber to 
 belong to 
 the present 
 owners, and 
 may be tak- 
 en away 
 within a lim- 
 ited time. 
 
 Road to be 
 reserved on 
 Wreck Hill, 
 for Light 
 House. 
 
 Proviso. 
 
 Proviso, 
 
 ized by His Majesty for the purpose. And any Conveyance which 
 the said Owners or Proprietors may make and execute for the said 
 lands and premises, whether held in Fee Tail, Fee simple or for Life 
 shall be considered as good and valid to all intents and purposes to 
 the vesting such lands in His Majesty, His Heirs and Successors for- 
 ever, any thing herein before contained to the contrary in any wise 
 notwithstanding. 
 
 II. And be it, &c., that all Timber or Timber Trees of the value 
 of sixteen pence and upwards which shall or may be growing upon 
 any of the aforesaid lands, shall not be considered as included in the 
 sale thereof, but shall continue to be the true and lawful property of 
 the present Owners or Proprietors, provided the same be taken oft' 
 within six months after the sale and payments are compleated, during 
 which interval the present Owners or Proprietors shal^^ave free lib- 
 erty and are hereby authorized to enter when and as often upon the 
 premises for the purpose of taking off such Timber or Timber Trees 
 as he or they shall think proper. 
 
 III. And Whereas also it is deemed necessary that a fit and con- 
 venient Koad not Exceeding twelve feet in Breadth should be allowed 
 for the purpose of having free communication with Wreck Hill afore- 
 said or the place where the said Light House shall be fixed, be it, &c., 
 that it shall and may be lawful for the Person or Persons having the 
 superintendency or direction of such Light House, to open a Koad 
 wherever it shall be thought necessary. Always provided that the 
 Owners or Proprietors of any lands through which such Koad shall be 
 made shall be fully indemnified and compensated by the Crown for all 
 damages sustained in consequence thereof in a similar manner herein 
 before pointed out. 
 
 And always provided that in any Inquisition to be had relative to 
 all or any of the aforesaid lands, the Parties be at full liberty, and 
 they are hereby authorized to object to the Jurors for favor, partiality, 
 affection, affinity or consanguinity. And also always provided that 
 the said Inquisition be had and taken in the presence of not less than 
 three of the said Commissioners. 
 
 On payment 
 or tender 
 thereof, the 
 proprietors 
 to be barred 
 of their title, 
 and the 
 lands vested 
 in the 
 Crown. 
 
 IV. And be it, &c., that on payment being made or tendered, 
 the present Proprietors of the aforesaid lands with the Tenements 
 thereon erected, and every of them, and all and every Person and 
 Persons interested therein, be, and they and every of them are hereby 
 declared to be fully indemnified and thereof barred and for ever 
 divested of their and each and every of their Eights, Titles, Interests, 
 Claims and Demands whatsoever, either in Law or Equity, of, in and 
 to the said respective lauds and the Tenements and other Improve- 
 ments thereon erected, and of, in, and to every part and parcel thereof, 
 with the Appurtenances, as fully, amply and effectually to every in- 
 tent and purpose as the said Proprietors, or any or either of them, 
 might or could be by Fine, Eecovery, Lease and Release, Feoffment, 
 Bargain and Sale, or any other conveyance whatever, and that there- 
 upon the said lands with their and every of their appurtenances be, and 
 the same are hereby declared to be to every intent and purpose what- 
 ever vested in His Majesty his Heirs and Successors forever. Pro- 
 
1797.] BERMUDA ACTS. 83 
 
 vided alwa/ys that whenever the Teriant in possession or the proprietor Proviso. 
 of any part or proportion of the aforesaid lands shall hold a less Estate any tenant 
 than a fee, the monies for the payment therefor shall by the purchaser ^"(.^"^owin 
 or purchasers thereof, or the person or persons representing His Majesty a less Estate 
 in the conduct of such purchases whether by private contract or other- 
 wise be paid into the hands of the Commissioners aforesaid to be by 
 them lodged in the Secretary's Office of these Islands, to be hereafter 
 applied as shall by the Legislature be deenied right and equitable. 
 
 V. And be it, &c., that the following Persons, to wit, The Honor- Commia- 
 able John Tudor and Andrew Durnford, Esquires, Robert Bassett, named. 
 John Jennings and John Tucker, Esquires, be and they are hereby 
 declared to be Commissioners under this Act for the purposes herein- 
 before declared and expressed. 
 
 AN ACT for the Incorporation of the Town of St. George, and for 
 the further Promotion of the Township of Hamilton, in the 
 Islands of Bermuda. 
 
 [22 July, 1'79'7.] 
 
 "WHEREAS the Incorporation of the Township of Hamilton has Preamble. 
 already been found to be productive of many advantages to the said 
 Township ; and whereas the inhabitants of the Town of Saint George 
 are desirous of deriving similar advantages by the Incorporation of 
 the Town of Saint George : 
 
 I. We, &c., and be it enacted, &c., that on the first Monday in 
 Octoier next, or on some other day in the then ensuing week, it shall ot%° 
 and may be lawful for the freeholders of the said Town of St. George mlet mc? 
 to meet and assemble at some convenient place therein, to be by them f^'^H^^y' 
 or some of them fixed on and made known by Advertisement in the men and 
 Bermuda Gazette, or some other public manner, and then and there, coSioumen 
 by pleurality of voices or votes then met, to elect and choose out of 'nsui'ng!'^'"^ 
 the freeholders of the said Town, one person as a Mayor, three as 
 Aldermen, and five as Common Councilmen, who, having first taken 
 
 an oath before some one of his Majesty's Justices of the Peace for 
 the said Islands of Bermuda, truly, faithfully and impartially to dis- 
 charge the trusts reposed in tliem by this Act, shall be, and the same 
 are hereby declared to be the Mayor, Aldermen and Common Council 
 of the said Town of St. George, for and during the space of one year 
 thence next ensuing, and until others shall be elected and chosen in 
 their place and stead. 
 
 II. And be it, &c., that oa the first Monday in Octbber, yearly, J°°^';'°''*'' 
 and every year for ever hereafter, or on some other day in the then year, iniuie 
 ensuing week, to be fixed on and made known by the Mayor, Alder- "£"«- 
 men and Common Council of the Town of Saint George, by Adver- ^onstobe 
 
 i-n -i n\ 1 IT' iX, chosen 
 
 tisement m the Bermuda Gazette, or some other public manner, tnere Mayor, ai- 
 be in like manner chosen other persons to fill the said places of Mayor, co^oi""'' 
 Aldermen and Common Council for the said Town of St. George for 2,°^'°^;^°^" 
 the year then next ensuing. Always provided, that it shall be no year. 
 
84 BERMUDAACTS. [i'^&l- 
 
 objection to the election of any person that he hath been in oflSce for 
 the preceding or any former year. 
 
 In case of HI. And be it, &c., that when and as often as any or either of the 
 
 leathTab/ Said placcs of Mayor, Aldermen and Common Council shall become 
 m?vai°a"' Vacant, by death, absence or removal, it shall and may be lawful for 
 "'"bjiucted ^"*^^ ^^ continue in office, to call a special meeting of freeholders of 
 for thi rest- the Said Town of St. George, for the election of another person to 
 yelr"""' officiate in the room and stead of such person so 'dead, absent or oth- 
 erwise removed, for and during the residue of the said year then to 
 come and unexpired. 
 
 '&c^o17l I^- -^"*i ^e it, &c., that the said Mayor, Aldermen and Common 
 Body politic Council, so to be elected on the said first Monday in October next, or 
 at'e, ^th""^' on some other day in the then ensuing week, and their successors for- 
 sncMssloli, ever hereafter, shall be and remain one body politic and corporate, in 
 Ibi ^n7a°°' reality, in fact and in name, by the name of the Mayor, Aldermen and 
 Common Council of the Town of St. George, in the Islands of Bermu- 
 da, and that by that name they shall and may have perpetual succession, 
 and be personable in Law, and capable to sue and be sued, implead and 
 be impleaded, answer and be answered unto, defend and be defended, in 
 all Courts and Places whatever, and in all manner of actions, suits, 
 complaints, pleas, causes, matters and demands whatsoever, and of 
 what nature or kind soever, in as full and ample manner and form as 
 any of his Majesty's other liege subjects of the said Islands of Ber- 
 muda, being personable and capable in law, may or can sue or be 
 sued, implead or be impleaded, answer or be answered imto, defend 
 or be defended by any lawful ways and means whatever. 
 
 dtoidiands ^- -^^^ ^® ^*' *^°-' *^^* ^'^'^ ^^^^ Mayor, Aldermen and Common 
 not exceed- Couucll, and their successors, shall be capable to purchase, take, hold, 
 year; and* rcccive and enjoy any messuages, houses, buildings, lands, tenements, 
 Andmay Tcuts, posscssions, and other hereditaments, and real estate in fee and 
 seu and^^: for cvcr, for term of life or lives, or years, or in any other manner (so 
 lands and as that the Same exceed not at any time the yearly value of one thou- 
 '^'"'^^' sand pounds current money of Bermuda, by the year, beyond and 
 above all charges and reprizes, the statute of mortmain, or any other 
 law, usage, or custom to the contrary in any wise notwithstanding) 
 and also goods, chatties, and all other things of what kind or quality 
 soever ; and also that the said Mayor, Aldermen, and Common Council, 
 and their successors, by the said name of the Mayor, Aldermen and 
 Common Council of the Town of St. George, in the Islands of Ber- 
 muda, shall and may give, grant, demise, assign, sell or otherwise dis- 
 pose of all or any the messuages, houses, buildings, lands, tenements, 
 rents, possessions and other hereditaments, and real estate to them 
 appertaining, and all the goods, chatties and other things aforesaid to 
 them shall seem meet at their own will 'and pleasure. 
 
 haveToom- ^^- -^^^ ^®. ^*' ^^■■> ^^^^ *^® ^^^^ Mayor, Aldermen and Common 
 mon Seal, Council for the time being, and their successors, shall and may forever 
 hereafter, have and use a common seal with such device or devices as 
 they shall think proper for sealing all and singular deeds, grants, con- 
 veyances, contracts, bonds, articles of agreement, assignments, powers, 
 authorities, and all and singular other matters and things touching or 
 
1797.] BERMUDA ACTS. 85 
 
 concerning the said Corporation, and as they shall see cause to break, 
 change, and new make the same, or any other common seal, when and 
 as often as they the said Mayor, Aldermen and Common Council, or 
 their successors, shall see fit. 
 
 YII. And be it, &c., that the said Mayor, Aldermen and Common And may 
 Council for the time being, and their successors, shall and may have pay°LnVnf- 
 power and authority tinder their, common seal, to choose, nominate, "^^6*™ 
 and appoint such and so many officers as they shall judge necessary 
 for the conducting the business of the said corporation, and to pay and 
 allow them such pensions, salaries or fees as to them shall seem meet, 
 and the same or any of them upon malfeasance or nonfeasance to dis- 
 place and remove ; and upon the death, deprivation or removal of 
 them, or any of them, others in their place and stead to appoint and 
 put ; and also to make, ordain and enact such rules, orders, bye-laws, And make 
 statutes and ordinances respecting the appointment of Markets, the respecting 
 regulations of Weights and Measures, the fixing the Assize of Bread, ^eightl'and 
 and all other matters and things for the ordering, ruling and good ^fj**'"^/' 
 government of the said Corporation and of the Officers belonging to Bread and 
 the same, as the said Mayor, Aldermen, and Common Council, for te?g'""*'' 
 the time being, or their successors, shall seem fit ; and that such rules, 
 orders, bye-laws, statutes and ordinances so made, shall be, and stand 
 in full force, power and strength in law, until the same shall be 
 repealed by the said Mayor, Aldermen, and Common Council, for the 
 time being, or their successors. Always provided, that such rules. Proviso. 
 orders, bye-laws, statutes and ordinances be not repugnant or contrary 
 to the laws of that part of Great Britain called England, or of the said 
 Islands of Bermuda. •• 
 
 YIII. And be it, &c., that every act Ind order of the majority of Acts of a 
 the said Mayor, Aldermen, and Common Council, shall be as good, JSecorpo°ra- 
 valid and effectual, to all intents and purposes, as if the whole of them uon '» be 
 
 '_ _J^i^', . valid, if as- 
 
 were present and had consented and agreed thereto. Always sentedto 
 provided, that no Act or Ordinance of the Common Council to be Mayor and 
 made without the assent of the Mayor and two Aldermen, shall have J^°n^'''*' 
 any validity, force or effect whatever. And whereas doubts may arise 
 respecting the limits of the Town of St. George, in order to remove Limits of the 
 the same, be it enacted by the Authority aforesaid, that the limits of '^^°''''' 
 the said Tow^ of St. George shall be taken and considered to extend 
 from the "Westernmost Line of the Glebe Land to the Easternmost 
 Line of the Land belonging to the Honorable A. F. Cochrane, Esquire, 
 late the property of Edwin Stone Burch, Esquire. 
 
 And Whereas also it has been represented by the Commissioners preamble. 
 of the said Township of .Hamilton, appointed by the Act, entitled 
 "An Act to vest certain Lands and Tenements in His Majesty, His 
 Heirs and Successors, for the Use of the Township of Tlamilton, to 
 declare the Mode of laying out the said Township, and selling Lots 
 within the same, and to fix the time when a Collection of Trade shall 
 be effected within the Limits thereof," that the purchasers of Lots 
 within the said Township of Hamilton are desirous and hold them- 
 selves in order to settle all arrears due to the Public on the score of 
 the same ; provided always, that each and every lot within the said 
 Township of Hamilton, for which payment shall have been or shall 
 
86 BiEE MUDAACTS. [1797. 
 
 be made of the amount either of principal or interest due thereon, 
 shall, in the event of non-improvement of such' lots after the time 
 limitted by law for improving the same, be nevertheless secured to 
 the respective purchasers thereof, and to their heirs and assigns_ for- 
 ever, by some law or other Legislative act of equal force and validity 
 of a law to be framed and passed for the purpose. 
 
 IX. And whereas also it has been deemed expedient by the 
 
 Legislature, in order to collect and secure the dues belonging to the 
 
 Public arising in consequence of the said Township of Hamilton, as 
 
 also to promote an establishment so immediately connected with the 
 
 general welfare of these Islands, to close with the proposal of the said 
 
 tte°°2bifc piirchasers, and to that end to make the necessary provision required by 
 
 Bhaubere- them, belt, &c., and it is hereby enacted, &c., that as soon as the 
 
 LTAmm""' Public shall be fully and completely reimbursed for all arrears due 
 
 SMrrofthe thereto on the score of the said Township of Hamilton, thatthen and 
 
 Township of in such case every lot for which the amount either of the principal or 
 
 then, erei^ iutcrcst duc thercou, shall have been or shall be paid and discharged, 
 
 thtpS^S shall, to all intents and purposes, be freed and exempted from all the 
 
 °h u h''''' penalties and forfeitures imposed or created by the said Act, entitled 
 
 beenpaw, " An Act to vcst ccrtaiu Lands and Tenements in his Majesty, his 
 
 emptedfrom Hcirs and Succcssors, for the Use of the Township of Hamilton, to 
 
 undir Actof ^eclare the Mode of laying out the said Township and selling Lots 
 
 23 June, withiu the same, and to fix the Time when a Collection of Trade shall 
 
 non-im"-"^ be effected within the Limits thereof," so far as respects the non- 
 
 proyement. improvement of the said lots, within the said Township of Hamilton. 
 
 «ie'pubii° X. And be it, &c., that immediately upon the Public of Bermuda 
 
 bi°fd"ir bsing fully indemnified and reimbursed of and for all arrears arising 
 arrears due or due to the Same from tfie said Township of Hamilton, the said 
 Township of Township of Hamilton, and all and singular the lands and lots of 
 thatTown- land, tenements and hereditaments, within the limits of the same, 
 i'''dTh*"'^ with the rents, issues, and profits thereof, shall be vested, and the same 
 in, shall be, are hereby declared to be vested fully and absolutely in the Mayor, 
 ciare^d to*be Aldermen and Common Council of the said Township of Hamilton, 
 Mayor'Ac'^^ and their successors and assigns forever, to be by them converted to 
 of Haiiiiton, the propcr use, benefit and behoof of the said Township of Hamilton, 
 ofthtr^ and to no other use, intent or purpose whatever; and immediately 
 and powers upou the Said Mayor, Aldermen and Common Council bging invested 
 of the Com- -with the said Township of Hamilton, in manner as aforesaid, it is 
 
 missioners to . tii_i iji i.-i i ii tti 
 
 cease. uuequivocally to be understood, and it is hereby declared that the 
 powers and authority of the persons appointed by any former law 
 whatever, to act as commissioners of or for the said Township of 
 Hamilton, are to cease and determine. 
 
 And there- XI. And bc it, &c., that as soon as the said Township of Hamil- 
 
 Ma°yo*&c., ^ou shall bc vested in the Mayor, Aldermen and Common Council of 
 of Hamilton, the Same, by the public of Bermuda being indemnified and reimbursed 
 isedifthey in manner aforesaid, that the said Mayor, Aldermen and Common 
 to"itend^" Council of Hamilton aforesaid, or a majority of them, shall be author- 
 in'ow?d%o ^^®*^' ^^^ *^®y ^^'® Jiereby declared to be fully, to extend, in case they 
 purchasers shall think propcr, the time in favour of such purchasers within the 
 paymenr Said Towuship of Hamilton, who shall have failed to comply with the 
 p?oVements. requisites of the said Act, entitled " An to vest certain Lands and 
 
1798.] BERMUDA ACTS. 87 
 
 Tenements in Ms Majesty, his Heirs and Successors, for the Use of 
 the Township of Hamilton, to declare the Mode of laying out the said 
 Township, and selling Lots within the same, and to fix the Time when 
 a Collection of Trade shall be effected within the Limits thereof," 
 either as to the payment of the principal or interest due for or on such 
 Lots, or the making the necessary and proper improvements within 
 the time prescribed for the purpose. Always provided, that no act 
 or ordinance of the Common Council of the said Township of Hamil- 
 ton, to be made without the assent of the Mayor and two Aldermen 
 thereof, shall have any validity, force or effect whatever. 
 
 AN ACT as well in addition to an Act in-titled 'An Act for the In- 
 corporation of the Town of Saint George, and for thefurthur pro- 
 motion of the Township of Hamilton in the island of Bermuda^'' 
 as one other Act intitled "An Act to encourage the Collection of 
 Trade at the Towns of St. George and Hamilton hy the sale of the 
 Glebe land near the former and the Incorporation of the latter, and 
 for other purposes therein mentioned.'''' 
 
 [Y August, 1798.] 
 
 Proviso. 
 
 WHEEEAS the Said two Acts the one intitled " An Act for the p.^j^^^ie. 
 Incorporation of the Town of Saint George, and for the furthur pro- 
 motion of the Township of Hamilton in the Islands of Bermuda," and 
 the other intitled " An Act to encourage the collection of Trade at 
 the Towns of Saint George and Hamilton, by the sale of the Glebe 
 land near the former, and the Incorporation of the latter, and for other 
 purposes thepein mentioned," vesting certain powers in the Mayor, 
 Aldermen and Common Council of the Said respective Townships 
 have been found to be productive of many advantages, and it is 
 thought that the vesting still greater power in the Mayor and Alder- 
 men of the said Townships of Saint George and Hamilton will be pro- 
 ductive of still greater advantages — • 
 
 I. "We, &c., and belt enacted, &c., that the Mayor and Aldermen Mayors ana 
 of the said Town of Saint George for the time being and every of them |'t''^|™™e°' 
 shall from henceforth be Justices of the Peace within or for the said and Hamii- 
 Township of Saint George, and the Mayor and Aldermen of the said iveiV'to'ife" 
 Township of Hamilton for the time being and every of them shall fhfpeMe' 
 from henceforth be Justices of the Peace within or for the said Town- within their 
 ship of Hamilton and shall have use and exercise within the precints Townships. 
 of their respective Townships of Saint George and Hamilton, the same 
 power and authority that appertain or belong to other Justices of the 
 Peace within this Colony to all intents and purposes whatever. Pro- 
 vided always and it is the true intent and meaning of the Act that ^^^^-^^^ 
 nothing herein Contained shall extend or be construed to extend to Nottopre- 
 prevent the Justices that are now or may hereafter be assigned to justicVex- 
 Keep the Peace within this Colony or any of them from acting as fsdlouon''"'" 
 such or from exercising in the manner they have heretofore done, the 'i>ere. 
 authority of a Justice or Justices of the Peace within the precints of 
 the said Townships of Saint George and Hamilton — and provided also 
 
88 
 
 BERMUDA ACTS, 
 
 [179&. 
 
 Mayors and 
 Aldermen to 
 be amena- 
 ble to the 
 Governor, 
 as other 
 Justices. 
 
 that the several Mayors and Aldermen of the said Townships of Saint 
 George and Hanailton for the time being be and they and each of 
 them are hereby declared to be amenable to the Governor or Com- 
 mander in Chief for the time being respecting their said Offices of 
 Justices of the Peace in same manner as the Justices assigned to Keep 
 the Peace in and by Commission are amenable. 
 
 AN ACT Confirming the Practice of levying Fines and suffering 
 Common Mecoveries, and for other Purposes. 
 
 [9 February, 1T99.] 
 
 Preamble. 
 
 Fines and 
 Recoveries 
 heretofore 
 levied and 
 suITered in 
 the Courts 
 in Bermuda 
 declared 
 valid. 
 
 And no such 
 Pine or Re- 
 covery to be 
 called in 
 question, for 
 not being 
 strictly con- 
 formable to 
 the practice 
 in England 
 or otherwise. 
 
 Fines and 
 Recoveries 
 hereafter 
 to be levied 
 or suJFered 
 to be valid, 
 and no such 
 Fine or Re- 
 covery 
 levied or 
 suffered in 
 the manner 
 adopted in 
 these Is- 
 lands, to be 
 
 WHEREAS the Practice of levying Fines and suffering Common 
 Pecoveries, particularly the latter, of Lands, Tenements and Heredit- 
 aments, has so generally obtained in the Islands as to become the 
 common assurance thereof; and whereas, although no doubt is enter- 
 tained of the validity of such Fines and Common Recoveries, and of 
 their being in all respects properly levied and suffered, yet as an 
 attempt to impeach or draw the same into question might be produc- 
 tive of the most serious inconvenience, it is thought expedient to con- 
 firm the practice which has so obtained or been pursued with respect 
 to the levying and suffering such Fines and Common Recoveries, for 
 which purpose : 
 
 I. "We, &c., and be it enacted, &c., that all Fines and Common 
 Recoveries which have at any time heretofore been levied, executed, 
 acknowledged and suffered in any of the Courts of Law in these 
 Islands of any Lands, Tenements, Hereditaments or other Real Estate, 
 lying and being in the said Islands, shall be, and the same are hereby 
 declared to be, good and valid Fines and Recoveries, and as having 
 had, to all intents and purposes, the effect of passing an absolute Fee 
 Simple of and in such Lands, Tenements, Hereditaments, or other 
 real Estate to the owner or owners thereof who might have so levied, 
 executed, acknowledged and suffered any such Fine or Common Re- 
 covery, and that on no occasion whatsoever shall any Fine or Com- 
 mon Recovery levied, executed, acknowledged and suffered as afore- 
 said, be liable to be reversed, annulled, set aside, or in any manner 
 whatsoever impeached or called in question, for or by reason of any 
 error or defect which might be therein, or of the process or proceed- 
 ings relative thereto being not strictly conformable to the practice in 
 England or any how otherwise. 
 
 II. And be it, &c., that all Fines and Common Recoveries here- 
 after to be levied, executed, acknowledged and suffered in any of the 
 Courts of Law in these Islands, according to the manner and form 
 hitherto pursued therein, of or for any Lands, Tenements, Heredita- 
 ments or other Real Estate, lying and being within the said Islands, 
 shall be deemed and held as good and valid Fines and Recoveries, 
 and to operate,_ to all intents and purposes, in passing an absolute Fee 
 Simple of and in such Lands, Tenements, Hereditaments or other Real 
 Estate to the owner or owners thereof who might or shall so levy, 
 
1800.] BERMUDA ACTS. 89 
 
 execute, acknowledge and suffer any such Fine or Common Eecovery uabie to be 
 as aforesaid, and that on no occasion whatsoever shall any Fine or I'^ltioa. 
 Common Eecovery hereafter to be levied, executed, acknowledged 
 and suffered, according to the manner and Form which has been 
 adopted in these Islands, in any case whatsoever, be liable to be re- 
 versed, annulled, set aside ' or in any wise impeached or called in 
 q^uestion, for or by reason of any error or defect which might be 
 therein, or of the process and proceedings relative thereto, not being 
 strictly conformable to the practice pursued in England. Provided Proviso. 
 always, that the person who shall or might so levy, suffer, execute or 
 acknowledge any such Fine or Common Eecovery has or shall enjoy 
 at the time thereof, such an Estate in such Lands, Tenements, Hered- 
 itament or other Eeal Estate as tliat he, she or they, might, if such 
 Estate lay in England, be entitled or have a right to levy, suffer, exe- 
 cute or acknowledge a Fine or Common Eecovery of and for the 
 same, and not otherwise, any thing herein contained to the contrary 
 thereof in any wise notwithstanding. 
 
 , _ in. And whereas also as the practice which has generally obtained toSdto" 
 in the Courts of Law in these Islands has answered all the ends of Jj^j,%°™^yg^ 
 justice, it is thought expedient to confirm the same, be it, &c., that diet, juag- 
 all cases determined in the said Courts of Law in these Islands by ^elwtom^ 
 verdicts having been obtained, and judgments pronounced thereon, andTo^rmTo 
 as also all judgments upon confession, nil dicit, non sum informatus, have the' 
 nolle prosequi, non suit, default, or otherwise, which have been ren- asTfVer" 
 dered or entered in the customary manner and form which have gen- Judgments 
 erally obtained in the said Courts of Law in these Islands, shall have |°'"]|^,'ig 
 the same force and effect as though there had been regular judgments brought in 
 entered up and rolls brought in according to the technical forms of the°fom!n° 
 the Courts of Law in England ; and that in future all judgments of I'^ftnM.we 
 and, proceedings in the said Courts of Law in these Islands, which aiijudg- 
 shall be conformable to the customary forms and practice heretofore proceedings 
 generally obtained therein, shall be good and valid, and in no wise to°th°eT^^''' 
 liable to be reversed for defect of form. tomary 
 
 forms to be 
 good and 
 valid. 
 
 AN" ACT to prevent Strangers from serving in the General Assembly 
 of these Islands under certain Restrictions. 
 
 [21 June, 1800.] 
 
 WHEEEAS it is essentially necessary to the good order and wel- 
 fare of the Community, that proper Persons should be chosen or elected 
 to represent the People of these Islands in General Assembly ; and 
 whereas strangers or persons, not being natives of these Islands, pos- 
 sessing freeholds, may, before their characters are well known or 
 ascertained, offer themselves as candidates to serve in the General 
 Assembly ; and whereas it is highly necessary to prevent for a limitted 
 time such strangers or persons, not being natives of these Islands, from 
 being chosen or elected to serve in the said General Assembly, and 
 particularly at this important period : 
 12 
 
 Preamble. 
 
90 
 
 BERMUDA ACTS, 
 
 [1800. 
 
 No stranger, 
 or person 
 not a native, 
 or not hold- 
 ing an office 
 under the 
 Crown, to be 
 eligible to 
 the Assem- 
 bly, unless 
 he has re- 
 sided here 
 five years. 
 
 I. We, &c., and be it enacted, &c., that no stranger or person 
 whatsoeyer, not being a native of these Islands, or not holding an 
 office under the Crown, shall be chosen or elected to serve, or be eligi- 
 ble to a seat in the said General Assembly, unless he has resided or 
 continued in these Islands Five Years. 
 
 AN ACT in addition to and amendment of an Act, entitled '■'■An Act 
 for the Encouragement qf the Owners m Lands in these Islands, to 
 inclose the sarne with Walls, Fences, liailsor Ditches, hy compel- 
 ling the Proprietors or Possessors of the adjacent Lands to contrib- 
 ute to the Mapence thereof." 
 
 [19 July, 1800,] 
 
 Preamble. 
 
 If the Owner 
 of land ad- 
 joining that 
 to be in- 
 closed neg- 
 lect to con- 
 tribute, Jus- 
 tice may 
 proceed up- 
 on Act of 
 1782, or au- 
 thorise a 
 "Wall to be 
 erected 6 
 feet within 
 the bound- 
 ary of party 
 refusing. 
 
 The land so 
 acquired to 
 be held in 
 fee simple. 
 
 Provided a 
 record 
 thereof be 
 made in the 
 Secretary's 
 Office. 
 
 And pro- 
 vided this 
 Act be not 
 enforced 
 against any 
 person not 
 possessing 
 property 
 worth £100. 
 
 WHEEEAS the provision made in and by the Act, entitled "An 
 Act for the Encouragement of the Owners of Lands in these Islands 
 to inclose the same with "Walls, Fences, Eails or Ditches, by compel-* 
 ling the Proprietors or Possessors of the adjacent Lands to contribute 
 to the Expence thereof," in ease of the neglect, refusal or delay of the 
 owner or owners, proprietor or proprietors of any land adjoining a 
 tract or parcel of land, or ground about to be inclosed, to contribute 
 to pay his, her or their proportion of materials, labour or money, has 
 been found to be difficult in practice, and not fully to answer the good 
 intention thereof; 
 
 I. "We, &c., and be it enacted, &c., that in case of the neglect, 
 refusal or delay of the owner or owners, proprietor or proprietors, of 
 any Land adjoining to any tract or parcel of Land, about to be inclosed 
 (as mentioned in the said Act) to contribute or pay his, her, or their 
 proportion of materials, labour, or money, fixed and ascertained by 
 freeholders, according to the provision of the said Act, the Justice or 
 Justices of the Peace of the Parish where the Party refusing, delaying 
 or neglecting liveth, shall or may, upon complaint and proof thereof^ 
 issue his or their warrant, as is already provided for in and by the said 
 Act, or the said Justice or Justices shall or may issue his or their war- 
 rant, authorizing the party so about to inclose his, her or their land, 
 to erect a good and sufficient wall, to be approved of by not less than 
 five reputable freeholders, appointed to survey the same, by the Jus- 
 tice or Justices aforesaid, five feet within the boundaries of the adja- 
 cent lands of such owner or owners, proprietor or proprietors, so refus- 
 ing as aforesaid, which land so taken into possession and acquired as 
 aforesaid, is hereby declared to be the right, property and interest in 
 fee simple of the person so acquiring the same, and of his heirs and 
 successors for ever, provided a record thereof be duly made in the Sec- 
 retary's Office of these islands* Also provided always, that this Act 
 shall not operate or be in force against any person who shall appear to 
 the satisfaction of the said Justice or Justices not to be possessed in 
 his or her own right of goods, chatties and real estate to the value of 
 one hundred pounds. 
 
1802.] BERMUDA ACTS. 91 
 
 AN ACT for vesting in the Crown, a certain Piece or Pwrcel of 
 Land belonging to William Sea/rs, Esquire, on which a Battery 
 has been erected, and for rendering the necessary Compensation to 
 the said William Sea/rs for the same. 
 
 [30 July, 1802.] 
 
 WHEREAS it appears that a Parcel of Land situate in Smith's Pre»mMe. 
 Parish, belonging to "William Sears, Esquire, containing on the 
 Northerly side thereof forty feet, and also on the Westerly and East- 
 erly Sides the like number of feet each, that is to say, to the cliffs or 
 precipiece or rocks, and bounding Southerly on the said precipiece, on 
 which a battery hath been erected, was taken by an order of his Ex- 
 cellency Henry Hamilton, the then Governor of these islands, for the 
 purpose of erecting such battery thereon, for the defence of these 
 islands, and that the said land, in pursuance of a warrant from the 
 honorable John Green, Esquire, one of his Majesty's Justices of the 
 Peace, was estimated or appraised by a jury of twelve good and suf- 
 ficient men at the sum of twelve pounds nine shillings and two-pence 
 current money of Bermuda, and that the expences of such estimation 
 and appraisement, amounting to the further sum of eight pounds 
 thirteen shillings and four-pence of like current money hath been paid 
 by the said William Sears ; and whereas it further appears that the 
 said William Sears, has, in consequence of the orders of the said 
 Governor Hamilton, expended the further sum of thirty-five pounds 
 fifteen shillings of like current money, in erecting such battery on the 
 said land, and whereas it appears that the said land is an eligible 
 situation for a fortification or battery, and whereas it is just and rea- 
 sonable, under all the before-mentioned circumstances, that the said 
 William Sears should receive compensation for the same lands, and 
 also the said sums expended by him, in order, therefore, to provide 
 for the payment of the said land and battery, and likewise to vest the 
 same in the crown : 
 
 I. We, &c., and be it enacted, &c., that the powder receiver be. The Powder 
 and he is hereby authorised and directed to pay to the said William pfyT^wu- 
 Sears, for the said parcel of land, situate in Smith's Parish, as afore- ^|^ \^^^l< 
 said, on which the said battery or fortification is erected, and also for 
 his aforesaid expenditures, the several sums before-mentioned, amount- 
 ing to fifty-six pounds, seventeen shillings and six-pence current money 
 aforesaid. 
 
 n. And be it, &c., that on the payment or tender of the said °°t|*|^"" 
 sum of fifty-six pounds seventeen shillings and six-pence to the said whereof, 
 William Sears, the said parcel of land, and all and singular the forts, anYbuHd-" 
 batteries, fortifications and buildings thereon erected, be vested, and ^edin^he 
 the same are hereby declared to be vested in His Majesty, His Heirs ^"^°™^f°'^ 
 and Successors forever, for the purpose of continuing forts, batteries defence. 
 and other works thereon for the defence of these Islands. 
 
92 
 
 BERMUDA ACTS. 
 
 [180S. 
 
 AN ACT in addition to the Act, entitled " An Act di/rectvngwhat 
 Conveyances shall he sufficient to pass the Real Estates of Women 
 under Coverture." 
 
 [28 July, 180S.] 
 
 Preamble. 
 
 The Chief 
 Justice or 
 (in case of 
 his absence, 
 or the office 
 being va- 
 cant) any 
 assistant 
 Justice, to 
 issue Com- 
 missions to 
 take the 
 private ac- 
 knowledge- 
 ment of any 
 feme covert 
 of her hav- 
 ing volun- 
 tarily exe- 
 cuted a Con- 
 veyance. 
 Such ac- 
 knowledge- 
 ment to be 
 indorsed on, 
 or annexed 
 to the Deed ; 
 and the 
 Deed so exe- 
 cuted and ~ 
 acknowl- 
 edged to be 
 as effectual 
 as if the ac- 
 knowledge- 
 ment had 
 been made 
 before the 
 Chief Jus- 
 tice. 
 
 Any Deed 
 executed by 
 a feme Co- 
 vert in con- 
 junction 
 with her 
 husband for 
 his real Es- 
 tate, and 
 confessed by 
 her, either 
 before the 
 Judge, or 
 Commission- 
 
 "WHEEEAS inconveniencies daily arise in consequence of married 
 "Women, who have freely and voluntarily executed Deeds or Convey- 
 ances for the aliening or passing of their Keal Estates, in conjunction 
 with their Husbands, being unable, by reason of their local situations, 
 sickness or other causes, to travel to, or attend upon the Chief Justice 
 of these Islands, for the time being, to undergo any private examina- 
 tion, or to make any confession or acknowledgement before such Chief 
 Justice of their having voluntarily and without any fear, threat or 
 compulsion of their Husbands executed such Deeds or Conveyances 
 for the Estates therein-mentioned, or meant to be aliened or conveyed, 
 as by the Act, entitled " An Act directing what Conveyances shall be 
 sufficient to pass the Eeal Estates of "Women under Coverture," is re- 
 quired, by which means Titles are often rendered precarious and 
 alienations discouraged. For remedy whereof: 
 
 I. We, &c., and be it enacted, &c., that the following addition 
 be made to the said Act, to wit : that the said Chief Justice or (in case 
 of his absence, or of the office being vacant,) any assistant Justice, 
 shall, whenever required on the part or behalf of any Feme Covert, 
 who may have executed any Deed or Conveyance for the passing of 
 her Real Estate, or Estates, issue a commission to be directed to any 
 person, such Chief Justice, or in case of his absence, or the office being 
 vacant, any assistant Justice, may think proper to appoint, as a Com- 
 missioner, to take or receive the private confession or acknowledgement 
 of any Feme Covert who may have signed, or executed, in conjunction 
 with her Husband, any Deed or Conveyance for the purpose aforesaid, 
 that she executed the same freely, and voluntarily, and without the 
 fear, threat or compulsion of her Husband; which confession or 
 acknowledgement shall be indorsed on, or annexed to such Deed or 
 Conveyance under the hand and seal of the Commissioner before 
 whom the same may be made, and every Deed or Conveyance so made 
 or executed by any Feme Covert, and by her confessed or acknowledged 
 as herein pointed out, shall be as good and effectual to all intents and 
 purposes, for the passing or transferring of her Estate, or Estates, in 
 such Deed or Conveyance mentioned, or meant to be passed or con- 
 veyed, as if such confession or acknowledgement had been made or 
 taken before the Chief Justice himself. 
 
 n. And whereas doubts are entertained whether any Feme 
 Covert who may have voluntarily executed any Deed or Conveyance, 
 in conjunction with her Husband for the passing or transferring any 
 Keal Estate of the latter, and made confession or acknowledgement 
 thereof, before the Chief Justice, similar to such as in the said Act is 
 pointed out, is,'in case of her surviving her Husband barred of Dower 
 or not ; In order, therefore, to remove all doubts relative thereto, be 
 it enacted, &c., that the following further addition be made to the said 
 Act, to wit : that any Deed or Conveyance which may have been 
 
1804.] BERMUDA ACTS. 93 
 
 made, or shall hereafter be made, by any Feme Covert in conjunction enobe 
 with her Husband for any Eeal Estate of the latter, and by such banhei'Vme 
 Feme Covert acknowledged or confessed either before the Chief heJoower 
 Justice' aforesaid, or in case of his absence, or the ofSce being vacant, 
 any assistant Justice, or before any Person appointed in manner 
 as aforesaid, as a Commissioner, shall be adjudged and held good and 
 sufficient to all intents and purposes, to bar such Feme Covert of all 
 Dower, Right and Title of Dower, to which she might by any Law or 
 Custom whatever be entitled of, in, or to the Estate, or Estates, in such 
 Deed or Conveyance mentioned or intended to be conveyed. 
 
 AN AXJY for vesting in the Grown a ct/'tuin portion of Land on the 
 high Hill of Ireland on which a Battery has heen erected, and the 
 Roads leading thereto, and for rendering an adequate compensation 
 to Joseph Seymour for such Land. 
 
 [27 July, 1804.] 
 
 WHEREAS it appears that on a certain piece of Land, which be- preamble 
 longed to Joseph Seymour, situate on the high Hill of Ireland in 
 Sandy's Parish, a Battery hath for some years past been erected for 
 the defence of these Islands, with a Magazine appertaining thereto, to 
 render which Battery accessible and useful it became necessary to cut 
 a Road of nine feet in width through the Land of the said Joseph 
 Seymour leading from the sea on the South Side to the said Battery, 
 and also a sufficient Road leading to and from the said Magazine. 
 
 And whereas it appears that the said Joseph Seymour nor no other 
 person has received any compensation for the Land so converted to 
 the use of a Battery, Magazine and Roads as aforesaid, respecting, 
 which a committee was some time past appointed to enquire the lowest 
 price the said Joseph Seymour would be content to receive for the 
 same. 
 
 And whereas the said committee has since reported that the said 
 Joseph Seymour declared that he considered that he ought to be paid 
 for the Land so converted to the use of a Battery, Magazine and Roads 
 as aforesaid, the sum of fifty pounds, and that he would not have dis- 
 posed of it for any such price, if he could have had his choice, but if 
 that was thought too much he was willing to submit such piice or sum 
 to the justice and wisdom of the Legislature. And whereas it is just 
 and reasonable that the said Joseph Seymour should receive compen- 
 sation for the said Land, and also expedient to vest the same in the 
 Crown, to be held and used for the purpose aforesaid only : 
 
 I. "We, &c., and be it enacted, &c., that the Powder Receiver ll^^^''^^^- 
 be and he is hereby authorized and required to pay to the said Joseph pay£5oto 
 Seymour for the said Land the sum of fifty pounds current money of '^Hl^ ^^^' 
 Bermuda. 
 
94 
 
 BERMUDA ACTS. 
 
 [1805. 
 
 And there- it. And be it, &c., that on the payment or tender of the said sum 
 JJnd v*°ed of iifty pounds to the said Joseph Seymour or his Agents, the said 
 for woSr" ^^^^ 60 as aforesaid converted to the use of a Battery, Magazine and 
 of defence. Koads, be TCsted, and the same is hereby declared to be vested, in 
 his Majesty, his Heirs and Successors, forever for the purpose of con- 
 tinuing a Battery or Batteries thereon, with all necessary appendages, 
 for the defence of these Islands, and for no other purpose whatsoever. 
 
 AN ACT I^or vesting in the Grown a certain piece of Land., at or 
 nea/r Hunga/ry Joay, in Pagefs Parish, belonging to Fra/ncis 
 Jones, Esquire, on which a Fort has ieen erected, and for ren- 
 dering a proper compensation for the said Land to the said 
 Fra/ncis Jones. 
 
 [26 July, 1806.] 
 
 FreAmble. 
 
 WHEEEAS it appears that Hungary Fort and the Magazine apper- 
 taining thereto, in Paget's Parish, is erected on a point of Land the 
 property of Francis Jones, Esquire, and that neither the said Francis 
 Jones or any person for him hath ever been compensated for the said 
 Land ; and whereas it appears by the report of a committee of the 
 General Assembly appointed to ascertain the value of the said Land, 
 occupied for the purposes of the said Fort, that twenty-five pounds, 
 current money of Bermuda, would be a fair compensation for so much 
 of the said point of Land, on which the said Fort and Magazine are 
 erected, as lies westward of the eastern boundary of, the said Fort ; 
 and whereas it is deemed equitable that such compensation should be 
 made to the said Francis Jones, and expedient that the said Land 
 should be vested in his Majesty, his Heirs and Successors forever : 
 
 Powder Ee- I. Wc, &c., and bc it enacted, &c., that the Powder Receiver be, 
 ply £26°to and he is hereby authorized and required to pay, to the said Francis 
 Francis Joncs for the said Land, the sum of twenty-five pounds, current mo- 
 ney of Bermuda. 
 
 u°o*n thf" ^' "^"^ ^® ^*' ^^"> *^^* ^^ *^® payment or tender of the said sum 
 
 Imi™ vested of twouty-fivc pouuds to the said Francis Jones, or his Assigns, so 
 '" ""' much of the said point of Land as lies westward of the eastern boun- 
 
 Jones. 
 
 in the 
 Crown for 
 works of 
 defence. 
 
 dary of the said Fort, be, and the same is hereby vested in his Majes- 
 ty, his Heirs and Successors forever, for the purpose of continuing a 
 Fort or Forts thereon, with the necessary appurtenances for the de- 
 fence of these Islands, and for no other purpose whatsoever. 
 
 AN ACT authorizing a sale, under certain conditions, qf the Glebe, 
 situate in or near the Parish of Hamilton m these Islands. 
 
 [6 September, 1805.] 
 
 WHEEEAS it is notorious that a certain tract of Land, constitut- 
 
 mg the Glebe, situate in or near the Parish of Hamilton in these 
 
 Islands, has for a long time past remained neglected and unimproved, 
 
1805.] BERMUDA ACTS. 95 
 
 owing, as it is apprehended, to the tenure by which the same has been 
 holden ; and that little, if any, advantage has accrued from the said 
 Glebe, either to the present Kector or Incumbent of the Parishes of 
 Pembroke, Devonshire, Smith and Hamilton, or to any of his Prede- 
 cessors ; and whereas it is conceived that if the tenure of the said Glebe 
 was changed, it would prove profitable to the present Eector or In- 
 cumbent of the said four Parishes, and his Successors, as wdll as bene- 
 ficial to the community at large ; 
 
 I. We, &c., and be it enacted, &e., that the Rector or Incumbent Commission- 
 of the said Parishes of Pembroke, Devonshire, Smith and Hamilton, purposes of 
 for the time being, and the Honorable Samuel Trott and Samuel S. ""' *°'" 
 Peniston, Esquires, of Hamilton Parish, William Sears and Samuel 
 Trott, Jun. Esquires, of Smith's Parish, or any three of them, be Com- 
 missioners for the purposes herein after mentioned. 
 
 n. And be it, &c., that in order to ascertain the quantity of the To causethe 
 said Glebe and the boundaries thereof, the said Commissioners, or any fafeam^^ 
 three of them, be authorized and required, within six Months after '"^'^^■ 
 the passing of this Act, to cause the said Land, constituting the Glebe 
 aforesaid, to be regularly sui-veyed, and the boundaries ascertained 
 by proper metes and bounds in the manner that any Land may be by 
 Law. 
 
 III. And be it, &c., that within two Months after the said Glebe And to be 
 shall have been regularly surveyed and the metes and bounds thereof AMtilfnin 
 fixed as aforesaid, the said Commissioners, or any three of them be, ll]^f^'^l\i 
 also authorized and required, and they are hereby authorized and re- 
 quired to cause the said Glebe, with all its appurtenances, to be put 
 up altogether (and not in parcels) at Public Auction, and sold to the 
 highest bidder in fee simple on the terms and conditions herein after 
 particularly expressed. Provided always that the said Glebe and its proviso. 
 appurtenances, be publicly advertised for sale at least three weeks 
 before any sale thereof shall take place, between certain hours in the 
 afternoon of some particular day, and at some particular place on the 
 said Glebe to be inserted in the advertisement, and that such sale be 
 made in conformity to such advertisement. 
 
 lY. And be it, &c., that the only terms or conditions upon which conditions. 
 the said Glebe and appurtenances are authorized to be sold shall be 
 the following, namely, that the sum for which the same shall be 
 knocked off, or sold, shall not be less than three hundred pounds, 
 current money of Bermuda; that there shall forever be paid by the 
 purchaser or purchasers, or other proprietor or proprietors for the 
 time being, of the said Glebe and appurtenances, an interest of seven 
 per cent, per annum, on the amount of the sum for which the said 
 Glebe and appurtenances may be sold ; which said interest shall become 
 due and payable at the expiration of every year, to be computed 
 from the day on which possession of the said Glebe shall be delivered, 
 or ready to be delivered, to the purchaser or purchasers thereof, and 
 the Deed or Deeds, or Conveyance or Conveyances, herein after di- 
 rected to be made, shall be either delivered or ready to be delivered, 
 to the purchaser or purchasers of the said Glebe and appurtenances ; 
 and that the purchaser or purchasers of the said Glebe and appurte- 
 
96 
 
 BEEMUDA ACTS. 
 
 [1805. 
 
 The annual 
 Interest on 
 the purchase 
 money to be 
 for the use 
 of the Rector 
 of the par- 
 ishes, and 
 recoverable 
 by him. 
 
 Magistrates 
 and Church 
 Wardens of 
 Hamilton 
 and Smith's 
 parishes, 
 authorised 
 to receive 
 and recover 
 the annual 
 interest dur- 
 ing any 
 vacancy for 
 repairing 
 the parish 
 churches. 
 
 If the Glebe 
 should re- 
 vert, the 
 same during 
 a vacancy 
 shall be let* 
 by the Mag- 
 istrates and 
 Church War- 
 dens, and 
 the price ap- 
 plied to re- 
 
 nances, do pay, or cause to be paid, as well the Country Tax and Yen- 
 due Masters Commission incident to such sale, as the expence or any 
 proportion of the expence which may attend the survey herein before 
 directed to be made, and also the expence of any Deed or Deeds, 
 Conveyance or Conveyances, which may be made for the said Glebe 
 as is herfein after directed ; which terms or conditions shall be pub- 
 lished by the twice reading of this Act aloud to all persons attending 
 at such Sale or Auction, between the time of such Glebe being put up 
 at Auction and the same being knocked off. 
 
 V. And be it, &e., that the annual interest, so to grow due or 
 arise, on the sum for which the said Glebe and appurtenances may be 
 knocked off as aforesaid, shall (except as is herein after excepted) be 
 to and for the use and behoof of the Eeetor or Incumbent of the said 
 Parishes for the time being, and in default of the due payment of the 
 said interest such Kector or Incumbent as aforesaid, for the time being, 
 be authorized to bring an action of debt or assumpsit in any Court of 
 Eecord in these Islands, for recovery of the said interest, to be levied 
 after Judgment being obtained therefore out of the proper Goods and 
 Chattels, Lands or Tenements of the proprietor or proprietors of the 
 aforesaid Glebe, so as that such levy does not extend to such Glebe ; 
 and in case there shall not be sufficient Goods, Chattels, Lands or 
 Tenements (clear of such Glebe) to be found of the said proprietor or 
 proprietors, such proprietor or proprietors, or the possessor or posses- 
 sors of the said Glebe, shall then by a summary proceeding to be 
 adopted by the Court wherein such Judgment may have been given, 
 be ousted of possession of the said Glebe, and thereupon the said 
 Glebe, with all its appurtenances and improvements, shall revert 
 into the same tenure as such Glebe was previous to the passing of 
 this Act. 
 
 VI. And be it, &c., that the Magistrates ahd Church 'W"a;rdens, 
 for the time being, of the said Parishes of Hamilton and Smith, shall 
 have authority to demand and receive all such Interest as shall or may 
 accrue, during such time as there may not be any Rector or Incum- 
 bent as aforesaid ; on the sum for which the said Glebe may be 
 knocked off as aforesaid, the said interest to be to and for the use and 
 behoof of the said Parishes of Hamilton and Smith for the purpose 
 of repairing, when necessary, the Parish Churches of the same, and 
 to and for no other use, intent or purpose whatever. And in default 
 of the due payment of such Interest the said Magistrates and Church 
 Wardens, for the time being, of the said Parishes of Smith and Ham- 
 ilton are hereby authorized to recover the same in the like manner as 
 is herein before prescribed, to the aforesaid Rector or Incumbent for 
 the time bein^. 
 
 Vn. And be it, &c., tliat in case the said Glebe and Appurte- 
 nances, after being sold in the manner herein prescribed, should, for 
 any cause whatever, revert as aforesaid, the same during the time that 
 there may not be any Rector or Incumbent as aforesaid, shall be let 
 or hired by the Magistrates and Church Wardens, for the time being, 
 of the said Parishes of Smith and Hamilton, for the most advan- 
 tageous price that can be obtained therefore to be by them recovered 
 for the use and behoof of the said Parishes of Hamilton and Smith 
 
1812.] BERMUDA ACTS. 97 
 
 for the purpose of repairing (when necessary) the Parish Churches of if^*'^' 
 the same, and to and for no other use, intent or purpose whatever. churchm. 
 
 VIII. And be it, &c., that within thirty days after the said Glebe f^^^l^^' 
 shall have been sold, as aforesaid, and the purchaser or purchasers of oommisBion- 
 the same shall have complied with the terms or conditions of such poVseaSof 
 sale, in as far as respects the payment of the Country Tax and the Jhepi*"*" 
 Vendue Masters Commission on the sale of the said Glebe ; and also "haser, and 
 the expences, or any proportion of the expence, which may attend the Deeds for 
 survey of the said Glebe as herein prescribed, the said Commissioners, "'«'='"=• 
 or any three of them, are hereby authorized and required to deliver 
 possession of the said Glebe and Appurtenances to the Purchaser or 
 Purchasers thereof, and also to make and deliver, for such Glebe and 
 Appurtenances, a sufficient Deed or Deeds, Conveyance or Convey- 
 ances, to the Purchaser or Purchasers of the same, and to his, her or 
 their Heirs and Assigns forever, wherein the terms or conditions on 
 which such Glebe and Appurtenances were sold and are to be held, 
 are to be expressed agreeably to the true intention and meaning of 
 this Act, which Deed or Deeds, Conveyance or Conveyances, is or are 
 to be recorded in the Secretary's Office of these Islands, and to be 
 held valid and effectual in Law. 
 
 AN ACT. for taking wp certain lands and for Erecting certain Pub- 
 lic Buildings thereon for. the purposes of Government, at the 
 Town of Hamilton, and the appointing certain p&rsons as therein 
 prescribed, to carry the aforesaid purposes into effect, and to 
 dram a certain Sum of money out of the Public Treasury to 
 defray the expenses. 
 
 [20 June, 1812.] 
 
 WHEKEAS by An Act of the Legislature of these Islands which preamble, 
 passed in the present Session, entitled, " An Act to supply the Fund 
 established by An Act, entitled, ' An Act for raising a Public Rev- 
 enue, for the support of the Government of these His Majesty's 
 Islands, and to appropriate certain sums to the discharge of the ex- 
 penses of Government,' " provision is made for raising a Sum of 
 money for the purposes of erecting a residence for the Governor or 
 Commander in Chief for the time being, at the Town of Hamilton, 
 and such other Public Buildings as may be requisite for the uses of 
 the Public at that Town, in order therefore to carry the aforesaid 
 purposes into effect, without delay : 
 
 / » 
 
 I. "We, &c., and be it enacted, &c., that the Honorable William committee 
 Smith and Eobert Kennedy, Tudor Hinson and Henry Gilbert Hunt, tt°fpu*p°se, 
 and John Noble Harvey and William Perot, William W. Morris, of the Act. 
 Benjamin D. Harvey, Samuel Trott, Junior, and Eichard Darrell, 
 Esquires, be and they are hereby declared to be a Committee fully 
 authorized and empowered to ^x, ascertain, determine, decide upon, 
 take up and Survey such Lots, Situations, and Sites within or contig- 
 uous to the said Town of Hamilton as to them the |aid Committee or 
 a majority of them may seem most fit and eligible for the aforesaid 
 13 
 
98 
 
 BERMUDA ACTS. 
 
 [1812. 
 
 Their oath. 
 
 Majority 
 authorised 
 to act. 
 Their 
 powers. 
 
 ProTiso. 
 As to Con- 
 tracts and 
 accounts. 
 
 several Buildings respectively, and their appurtenances and the said 
 lots, situations, and Sites, with their appurtenances to bargain, con- 
 tract for and purchase. Causing the same (in case the said Committee 
 and the proprietors of the said lots do not agree upon the price there- 
 of,) to be appraised on oath by a Jury of twelve Freeholders to be 
 indifferently chosen, and agreed upon (six to be nominated by either 
 Party) between the said Committee and Proprietors, and the ap- 
 praised value so sworn to by the said Freeholders, shall be taken 
 and deemed to be the price of the said lots to be paid by the said 
 Committee and cause the same to be conveyed and vested in His 
 Majesty His Heirs and Successors forever, for the uses and purposes 
 aforesaid, and for no other use, intent, or purpose whatsoever. 
 
 n. And be it, &c., that every Member of the said Coimnittee 
 shall previously to entering upon the discharge of the duties required 
 by this Act, take before His Excellency the Governor or Commander 
 in Chief for the time being an oath faithfully and impartially to dis- 
 charge the same. 
 
 ni. And be it, &c., that the said Committee or a Majority of 
 them be and they are hereby declared to be fully authorized and em- 
 powered to fix and determine upon the plans or models of such House 
 for the residence of the Governor or Commander in chief for the time 
 being as aforesaid, at or contiguous to the Town of Hamilton with 
 such Yards, Courts, Out-buildings and conveniences as shall be ad- 
 judged requisite by the said Committee, also to fix and determine 
 upon the plans or models of such other Public Buildings for Public 
 Offices, that is to say, for the Custom House, Secretary's Office, Treas- 
 urer's Office and Naval Office and for the accommodation of the 
 Legislative Council and the General Assembly in the Legislative Ses- 
 sions as the said Committee or a majority of them shall adjudge re- 
 quisite. 
 
 Always provided that the said Public Buildings other than the 
 residence of His Excellency the Governor or Commander in Chief be 
 erected within the Township of Hamilton, and to contract and agree 
 with such and So many Person or Persons Undertakers for the erect- 
 ing and building the same, as they the said Committee or a majority 
 of them shall think fit and to give such necessary orders and direc- 
 tions therefor from time to time as they may think proper for the 
 carrying on and completing the said Works. Provided always and 
 be it further enacted, &c., that the said Committee shall give notice 
 in the Public Gazette of their intention of contracting with any Per- 
 son or Persons, for erecting and building the aforesaid Houses, or 
 either of them, and of every other matter in such Buildings to be con- 
 tracted for, and such Contract or Contracts, shall be made at the most 
 reasonable rates, and with Persons of sufficient responsibility, who 
 shall give satisfactory security, for the due performance of the said 
 Contract or Contracts to the said Committee, and all Contracts when 
 made, and all and singular the proceedings of the said Committee, 
 relative to the business of their appointment, shall be entered in a 
 Book, to be kept by them, who shall ^so keep an exact and regular 
 account, of all Receipts, Expenditures and Payments, in a Book sep- 
 arate and apart frpm all other Proceedings, which Books shall be for 
 the inspection of the Legislature. 
 
1S12.] BERMUDA ACTS. 99 
 
 IV. And be it, &c., that the said Committee are hereby author- to nominate 
 ized to nominate from time to time, three or more, from among them- mittH"'"' 
 selves, as a Sub-Committee to visit, inspect, oversee and superintend, 
 
 the carrying on and effecting the works hereby directed to be done, 
 until the same be finished, and to report thereon to the General Com- 
 mittee, as may be found necessary, for the decision of the General 
 Committee aforesaid, who are hereby required to proceed in such 
 manner for carrying the purposes of this Act into execution as to them 
 shall seem most effectual. 
 
 V. And be it, &c., that in case of any Yacancy or Vacancies by vacandea 
 Death, Absence, or designation of any one or more of the said Com- '""'*"'^''- 
 mittee, during a recess of the Legislature, it shall and may be lawful 
 
 for His Excellency the Governor or Commander in Chief, for the 
 time being, to appoint such other Members of the Legislature as he' 
 may think proper, to supply such Vacancy or Vacancies, and that 
 every Person so appointed shall be held and considered to be invested 
 with the same powers as are delegated to the Person or Persons whose 
 Vacancy or Vacancies be so filled up. 
 
 VI. And in order to defray the expenses and costs of the afore- to receive 
 said "Works, be it, &c., that the said Committee be, and they are TrL^smy 
 hereby authorized to receive from the Public Treasury, from time to ^°'|ioqoq" 
 time by "Warrant from His Excellency the Governor or Commander from certain 
 in Chief for the time being, such Sum or Sums of money, not exceed- ''™''°' 
 ing the Sum of ten thousand pounds, as may become necessary, to 
 comply with, and fulfill the Contracts by them made and entered 
 
 into, by virtue of this Act, which sums the Public Treasuiy is re- 
 quired to pay on account, and out of the Eeceipts of the duties on 
 Vessels belonging to inhabitants of these Islands, Westerly of the 
 Perry, and on Sales at Auction or by Auctioneers on Commission, 
 specified by the ninth clause of the Act of Supply and Appropriation 
 aforesaid. 
 
 VII. And be it, &c., that if at any time or times, it shall happen or in case of 
 that there be a deficiency in the receipt at the Treasury, of the several oufof other 
 duties granted in this present Session of the Legislature for the afore- '"""^s- 
 said purposes, to pay and discharge any demand as aforesaid, then, 
 and in such case, such deficiency or deficiencies, may and shall be 
 supplied, out of any other monies which shall be or remain in the 
 Public Treasury, and be issued accordingly to the order of the said 
 Committee by "Warrant of His Excellency the Governor or Com- 
 mander in Chief for the time being, always provided, that there be a 
 full and sufficient reservation of such other monies as aforesaid, which 
 shall be or remain in the Public Treasury to pay and discharge every 
 other demand which shall be due or owing from the said Treasury, 
 also always provided, and be it enacted, &c., that whatever monies 
 shall be borrowed and for the aforesaid purposes issued, out of the 
 Public Treasury, from any other Funds than those arising from the 
 Eeceipt of Duties on Vessels belonging to Inhabitants of these Islands 
 "Westerly of the Ferry, and on Sales at Auction or by Auctioneers 
 on Commission, specified in the ninth clause of the Act of Supply 
 and Appropriation aforesaid, shall from time to time be replaced out 
 of the receipts of the aforesaid Duties. 
 
100 BERMUDA ACTS. [1813. 
 
 AN ACT to pr&oent appeaZs from the judgments of the Courts of 
 
 Common Lcm in this Colony to the Governor cmd Council or to 
 
 the Cov/rt o^ Chcmoery. 
 
 [8 September, 1818.] 
 
 Preamble. WHEEEAS the appealing from the judgments of the Courts of 
 
 Common Law in this Colony, to the Governor and Council or to the 
 Court of Chancery leads, not only to render nugatory the trial by 
 Jury, but also to confound the distinctions between the Courts of Law 
 and Equity : 
 
 ftSmthI ^- ^^' ^^-i ^"^^ ^® ^* enacted, &c., that the practice of appealing 
 
 Courts of from the judgments of the Courts of Common Law in this Colony, to 
 La™o°the the Govcmor and Council, or the Court of Chancery, be in future dis- 
 continued, any Law to the Contrary notwithstanding. 
 
 Governor 
 and Council 
 or Court 
 of Chancery 
 discon- 
 tinued. 
 
 AN ACT to facilitate the mode of conveying Lots within the Town 
 of Sa/rmlton to the purchasers of the sa/me from Corporation 
 of the said Town. 
 
 [11 September, 1813.] 
 
 Preamble. WHEREAS great accommodation would result to the purchasers 
 
 of lots within the town of Hamilton from the Corporation of the said 
 Town, by simplyfying the mode of conveying such lots by the said 
 Corporation : 
 
 Certificate I- ^^j &c., and be it enacted, &c., that the Mayor Aldermen 
 
 mI^o^Ic ^"^^ Common Council of the Town of Hamilton be and they are here- 
 of Hamilton, by declared to be authorized to furnish as a Conveyance, to any per- 
 ibMerfr'Si SOU who shall purchase from them a lot in the said Town, a certificate 
 *t™f land thereof, specifying the time of Sale, the parties purchasing, the Con- 
 in the Town sideratiou given for, and description of such lot by them sold in the 
 l°s "illmey- Town aforcsaid, under signature of the Mayor and Seal of the said 
 Corporation, and that such Certificate be, and the same is hereby de- 
 clared to be, as good and valid to any intent and purpose whatever 
 as any Conveyance or assurance made and executed in the most 
 formal full and ample manner. 
 
 ance. 
 
1813.] BERMUDA ACTS. 101 
 
 AN ACT to repeal the Act entitled "An Act for the wmendment of 
 An Act entitled '■'■An Act for the more ejfectual clecmmg amending 
 and enlarging the Highways and Pvhlio Paths in and throughout 
 these Islands " and also for the amendment of one other Act enti- 
 tled "An Act the ietter to enforce a/nd put in execution An Act 
 entitled An Act for the more effectual cleaning amending and 
 enlarging the Highways and Public Paths in and throughout these 
 Islands passed the twenty-second day of October one thousand Seven 
 hundred and Sixty-one, and also to repeal the Act entitled "An Act 
 for the more effectual cleaning amending and enla/rging the High- 
 ways a/nd Public Paths in and throughout these Islands and also 
 the Act entitled "An Act to explain and amend an Act entitled 
 "An Act for the more effectual cleaning amending and enla/rging 
 the Highways and Public Paths in and throughout these Islands 
 and also one other Act entitled "An Act the better to enforce a/nd 
 put in execution An Act entitled "An Act for the mm'e effectual 
 cleaning amending and enlarging the Highwa/ys and Public Paths 
 in and throughout these Islands " passed the t/went/y-second day of 
 October one thousand Seven hundred and Sixty-one and for Consoli- 
 dating in one Act various of the provisions of the sadd se/oeral Acts 
 with certain a/mendments. 
 
 [\1 September, 1813.] 
 
 WHEEEAS the various Acts hitherto passed for the improvement Preamble, 
 of the Koads of these Islands have proved inadequate to their object, 
 and it is therefore necessary to make certain amendments to the same, 
 and whereas it is deemed most eligible to consolidate certain provis- 
 ions of the said several Acts with the amendments that are requisite, 
 in one Act : 
 
 I. We, &c., and be it enacted, &c., that the Act entitled "An Act Road Acta 
 , for the amendment of an Act entitled "An Act for the more effectual mM782, 
 cleaning amending and enlarging the Highways and Public Paths in j""™' 
 and throughout these Islands " and also for the amendment of one 
 other Act entitled " An Act the better to enforce, and put in execu- 
 tion, an Act entitled "An Act for the more effectual cleaning amend- 
 ing and enlarging the Highways and Public Paths in and throughout 
 these Islands " passed the twenty-second day of October one thousand 
 Seven hundred and Sixty-one, and also the Act, entitled " An Act for 
 the more effectual cleaning amending and enlarging the Highways 
 and Public Paths in and throughout these Islands, and also the Act 
 entitled "An Act to explain and amend an Act entitled An Act for 
 the more effectual cleaning amending and enlarging the Highways 
 and Public Paths in and throughout these Islands " and also the Act 
 entitled "An Act the better to enforce and put in execution an Act 
 entitled "An Act for the more effectual cleaning amending and en- 
 larging the Highways and Public Paths in and throughout these 
 Islands " passed the twenty-second day of October one thousand 
 Seven hundred and Sixty-one, be, and they are hereby declared to be, 
 repealed. 
 
 [The rest of this Act iB repealed by an Act passed in 1814.] 
 
102 
 
 BERMUDA ACTS, 
 
 [1814. 
 
 AN ACT for grambmg a fwih&r Simi of Money to the Commmttee 
 (wpoimted hy the Act entitled, '^ An Act for taking up certwm 
 Lands, and for erectmg Certam PulUc jBuildings thereon, for 
 the pv/rposes of Ooverivment at the Town at Hamilton, and the 
 amointmg certain persons as therein prescribed to carry the 
 aforesaid purposes im,td effect, and to d/roAO a Certain Sum of 
 money out of the Public Treaswry to defray the expense,^^ and 
 for other purposes as th&rein preserved. 
 
 [80 September, 1814.] 
 
 Preamble. WHEEEAS by the Act entitled "An Act for taking np cer- 
 
 tain lands and for erecting certain Public Buildings thereon for the 
 purposes of Government at the Town of Hamilton, and the appoint- 
 ing Certain persons as therein prescribed to carry the aforesaid 
 purposes into effect, and to draw a certain Sum of money out of the 
 Public Treasury to defray the expense," the Committee therein ap- 
 pointed were authorized to receive from the Public Treasury from 
 time to time, by Warrant from His Excellency the Governor or Com- 
 mander in Chief for the time being, such Sum or Sums of money not 
 exceeding the Sum of Ten thousand pounds, as may become neces- 
 sary to comply with and fulfill the Contracts by them made and en- 
 tered into by virtue of the said Act. And whereas it hath been 
 found that the further Sum of Ten thousand pounds is requisite for 
 the purposes of the said Act : 
 
 Granting I. Wc, &c., and bc it enactcd, &c., that the better to enable the 
 
 S'»io"oT said Committee to comply with and fulfill the Contracts by them 
 to the'oom- made or to be made by virtue of the aforesaid Act, there be granted 
 °" ^^' to them the further Sum of Ten thousand pounds : and the said Com- 
 mittee are hereby authorized to receive from the Public Treasury, the 
 said further Sum of Ten thousand pounds, over and above the sum 
 heretofore granted and the Public Treasurer is hereby authorized and 
 required to pay the Same from time to time, by Warrant from His 
 Excellency the Governor or Commander in Chief for the time being, 
 as the Same may become necessary for the purposes aforesaid. 
 
 II. And whereas the said Committee have found it to the benefit 
 of the Public and advisable to purchase of Joseph Stowe, Junior, a 
 House and Tract of Land contiguous to the said Town of Hamilton 
 suitable for the residence of the Governor or Commander in Chief for 
 the time being, instead of erecting a House for that purpose, And 
 whereas it might be found eligible by the said Committee to purchase 
 other Buildings within the Town of Hamilton for Public OflBces, that 
 is to say, for the Custom Houscj Secretary's Office, Treasurer's Office 
 and Naval Office, and for the accommodation of the Legislative Coun- 
 oil and the General Assembly in their Legislative Sessions, instead of 
 erecting the same. Be it further enacted, &c., that in such Case as 
 the Committee or a Majority of them have Seen fit, or may see fit to 
 purchase instead of Erecting the Said Buildings or any of them, such 
 purchase shall be and the same is hereby declared to be of the same 
 effect to all intents and purposes, as if such Building or Buildings 
 
 Authorising 
 them to 
 purchase 
 instead of 
 erecting 
 Buildings. 
 
1814.] BERMUDA ACTS. 103 
 
 were erected for the purpose or purposes aforesaid, any thing in this 
 or the aforesaid Act in anywise to the contrary notwithstanding. 
 
 AN ACT to repeal pa/rt of an Act entitled " An Act for establishing 
 amd regulatn,ng the Courts of Judicature." and for the removal of 
 His Majesty's Cowrts of Judicatv/re of the Bermuda Islamas 
 from the Town of Saint George to t?te Town of Hamiilton. 
 
 [12 October, 1814.] 
 
 WHEREAS by the removal of his Majesty's Courts of Judica- Preamble. 
 ture of the Bermuda Islands from the Town of Saint George to the 
 Town of Hamilton the dispatch of the business of the said Courts will 
 be promoted, the expense of the same reduced, and general and very 
 material accommodation and benefits result to the Colony — And 
 Whereas by An Act of the Legislature of these Islands which passed 
 on the eighth day of July, in the year of our Lord one thousand seven 
 hundred and ninety-one, entitled " An Act for establishing and regu- 
 lating the Courts of Judicature," it is among other things Enacted 
 that a Court of General Assize be held for these Islands twice in every 
 Year, that is to say on the first Monday in December and. the first 
 Monday in June at the Sessions' House in the Town of St. George, That part of 
 
 ■' ° ' the Act 1791, 
 
 I. We, &c., and be it enacted, &c., that so much of the said act comtof 
 as enacts that the said Court of General Assize be held at the Town AsdJe^o be 
 of St. George, be repealed, and the same is hereby repealed. George'!'' 
 
 repealed. 
 
 rt. And be it further enacted, &c., that his Majesty's Courts of The courts 
 Judicature of these Islands be holden and continued for the future in tnre"to°be' 
 the said Town of Hamilton. tilftitae 
 
 in Hamil- 
 
 ni. And be it further enacted, &c., that Defendants in any suits '""■ 
 now commenced in the said Courts of Judicature, and all others who mdwp^ro-' 
 are required by Bail Bonds or process to appear at the Sessions' "3^1*^1 a'e 
 House in the Town of St. George on the first Monday in December peit Aseizes 
 next, be, and they are hereby required notwithstanding the said Bail George's, to 
 Bonds or Process to appear on the said first Monday in December next, HSito". 
 before the said Courts in the said Town of Hamilton ; which appear- 
 ance shall be, and shall be construed to be, a full and legal compliance 
 with the requisitions of the said Bail Bonds or Process. Provided rroviso. 
 dl/ways, that nothing in this clause contained, shall be construed to 
 alter the law as it now stands relative to Bail to the Sheriff, and Bail 
 above. 
 
104 
 
 BEEMUDA ACTS, 
 
 [1814. 
 
 AN ACT inpa/rt to repeal, a/nd to a/mend, the Road Act, passed the 
 seventeenth day of 8eptemihe/r, One thousamd eight hv/ndred a/nd 
 Thwteen. 
 
 [22 December, 1814.] 
 
 Preamble. 
 
 Eepeals Act 
 oflSlS, ex- 
 cept first 
 elaueo. 
 
 "WHEEEAS it is deemed expedient to widen the General High 
 Way and certain other of the Public Koads of these Islands and 
 to make certain amendment^ to the Eoad Act, passed the last Session 
 of the Legislature : 
 
 I. "We, therefore, &c., and be it enacted, &c., that all the clauses 
 except the first, of the Act, entitled " An Act to repeal the Act en- 
 titled ' an Act for the amendment of an Act ' entitled ' an Act for the 
 more effectual cleaning, amending and enlarging the high ways and 
 public paths in and throughout these Islands,' " and also for the 
 amendment of one other Act, entitled " An Act the better to enforce 
 and put in execution an Act entitled ' an Act for the more effectual 
 cleaning, amending and enlarging the Hi^h "Ways and Public Paths 
 in and throughout these Islands ;' " passed the twenty-second day of 
 October, one thousand seven hundred and sixty-one, and also to repeal 
 the Act entitled " an Act for the more effectual cleaning, amending, 
 and enlarging the High "Ways and Public Paths in and throughout 
 these Islands," and also the Act entitled " an Act to explain and 
 amend an Act entitled ' an Act for the more effectual cleaning, amend- 
 ing and enlarging the High "Ways and Public Paths in and through- 
 out these Islands,' " and also one other Act entitled " an Act the better 
 to enforce and put in execution an Act entitled ' an Act for the more 
 effectual cleaning, amending, and enlarging the High Ways and Pub- 
 lic Paths in and throughout these Islands,' " passed the twenty-second 
 day of October, one thousand seven hundred and sixty -one, and for 
 consolidating in one Act various of the provisions of the said several 
 Acts, with certain amendments, be, and they are hereby declared to 
 be, repealed. 
 
 Farishes to 
 be divided 
 into two 
 Districts — 
 
 and West- 
 
 II. Add be it further enacted, &c., that the Parishes of these 
 Islands be divided into two Districts to be called the Western and 
 the EMtoi Eastern Districts ; and that the Parishes of Sandys, Southampton, 
 Warwick, Paget and Pembroke, do compose the "Western District ; 
 and the Parishes of Devonshire, Smith, Hamilton, and St. George, do 
 compose the Eastern District. 
 
 HI. And be it further enacted, &e., that John IST. Harvey, Henry 
 Hunt, William Perot, James H. Trimingham, and Eobert Bassett, 
 Esquires, be Commissioners of the Eoads in the Western District ; 
 and Samuel S. Peniston, Benjamin D. Harvey, Josephus Darrell, 
 Joseph J. Outerbridge, and John J. Tucker, Esquires, be Commis- 
 sioners of the Eoads in the Eastern District ; and that the Commis- 
 sioners of the respective Districts, or any three of them, have full 
 power and authority to carry this Act into execution, in their respect- 
 ive Districts. 
 
 Commis- 
 sioners. 
 
1814.] BERMUDA ACTS. 105 
 
 TV. And be it further enacted, &c., that the said Commissioners, or commis- 
 any three of them, of the respective districts, shall have power to con- powtredTo 
 tract for the repairs of any of theEoads in this Act mentioned or con- contract fov 
 templated, or to employ under them, for the said purpose, so many iS™oi- 
 Overseers as to them may seem necessary, and to purchase, or cause ovSrs 
 to be purchased, all proper and necessary carts, cattle, tools, or imple- ^Jasetapie- 
 ments, for the purposes of the Eoads, and shall be, and hereby are "^^taand 
 authorized and required, to demand and receive, of any person or per- tiei. 
 sons possessing the same, all such tools or other implements as have 
 heretofore been purchased at the public expence for the use of the 
 Roads of these Islands, and shall and may distribute the same, as to 
 them may seem proper, amongst the Overseers to be appointed by 
 virtue of this Act. 
 
 Y. And be it further enacted, &c., that the General High Way General 
 (which said High Way leads from the Town of St. George to Man- i^lfg'ltldinii 
 grove Bay,) and all other of the Public Eoads throughout these ™„a^™?be 
 Islands, running longitudinally, such as the Eoad by Harrington 20 feet wide. 
 Sound from the Terry to the Tlatts, the road leading from the Tlatts 
 along the North Side of the Island, and that leading out of the said 
 Eoad by the Government House and Pembroke Parish Church, to the 
 Town of Hamilton, the Eoad called the Middle Eoad, striking out of 
 the High Way in Smith's Parish, near the House lately occupied by 
 Mr. Spofforth Bascome, and leading down the Lane Hill in Devon- 
 shire Parish, and the Eoad which runs from Harrington Sound, round 
 the Wall, enclosmg Harris' Bay Church, and also all the Cross Eoads 
 in these Islands, be made of the width of twenty feet ; and that the Noitii side 
 Eoad running along the North Side of the Parishes of Warwick and WMTf\ok 
 Paget, from near the House of Mr. Samuel Frith in the former parish, f°J^^^^g* ^ 
 to the House of Mr. James H. Trimingham, in the latter parish, be where test 
 made of the width of eight feet, except in such parts where it may feetf 
 appear best to the Commissioners, to make it of twelve feet. Pro- Proviso. 
 vided however, that the following order be observed in the enlarging Order to be 
 and repairing of the said Eoads in the respective Districts ; to wit, eniargfng'" 
 first the General High Way ; then such and so many of the Cross ^^^ 'b^osAs. 
 Eoads as the Commissioners of the respective Districts may judge 
 necessary ; then such of the Longitudinal Eoads as they may think 
 best ; and then the road along the North Sides of the parishes of War- 
 wick and Paget ; Provided also, that in such parishes where the High proviso. 
 Eoad or other Public Eoads may have been already in part repaired, 
 according to the prescriptions of the Act passed the last Session of the 
 Legislature, the alterations directed by this Act, be made from the 
 points to which such repairs may have been carried, before the parts 
 so repaired, be made of the width prescribed by this Act — And pro- p^o^iso. 
 vided also further, that where expensive repairs have been made, un- 
 der and by virtue of the Act aforesaid, by the building of Causeways, 
 and where the widening of any Eoad may be attended with any great 
 private inconvenience or public expence, without any adequate public 
 advantage, it shall and may be lawful for the Commissioners of the 
 District, where such Eoads or Causeways may be, to cause either that 
 such Causeways or Eoads, be continued of their present width, or be 
 made of such other width, between fourteen and twenty feet, as to 
 them shall seem fit. 
 
106 
 
 BERMUDA ACTS. 
 
 [1814. 
 
 move en 
 
 croach- 
 
 ments. 
 
 commis- VI. And "Whereas the above mentioned General High Way, and 
 
 mTvren""" sevcral other of the Eoads within these Islands have been by former 
 Laws, established of the width of fourteen feet, but the same have, in 
 divers places, been encroached on, by the erection of Walls or other- 
 wise, be it further enacted by the authority aforesaid, that it shaU and 
 may be lawful for the Commissioners of the Districts respectively, 
 where such encroachments may have been made, and they are hereby 
 authorized and required, to notify, or cause to be notified, all such per- 
 sons or their representatives who may have made such encroachments, 
 to remove the same within forty days after such notice, and in case of 
 failure, either from neglect or absence of such person or persons, or of 
 their having no representative, to cause the same to be done at the 
 cost and charges of such person or persons, so having encroached, or 
 of the person having the benefit of such encroachment ; the amount 
 of which to be levied, with all contingent charges, in ease of a neglect 
 or refusal on the part of such person or persons so having made such 
 encroachment, or enjoying the benefi.t of it, to pay it, by a Warrant 
 of distress and sale issued by the said Commissioners to die Constable 
 of any Parish, where such person or persons may have personal prop- 
 erty. 
 
 VII. And be it further enacted, &c., that it shall and may be 
 lawful for the Commissioners of the respective Districts, to shut or 
 stop, such of the Cross Koads in their respective districts, and to open 
 such others as to them may seem necessary ; Ahoays provided that, 
 in those parishes where there may be no cross road*, a greater num- 
 ber than two be not opened ; and that it shall and may be lawful for 
 them to make such alterations in the course of the High Way or 
 other Public Eoads in their respective districts, as to them may seem 
 necessary. 
 
 rommis- 
 sioners to 
 shut, stop, 
 and open 
 such Cross 
 Soads as 
 they may 
 deem neces- 
 sary. 
 Proviso. 
 And to alter 
 course ff 
 Highway 
 and other 
 Koads. 
 
 Enad from 
 near D. E. 
 Prudden's 
 Honstf to 
 Town of 
 Hamilton, 
 and Koad 
 from Town 
 o£ St George 
 to the TowQ 
 Cut, to be 
 deemed 
 Highway. 
 
 Vacancy in 
 ( ifflce of 
 Commis- 
 si inei-s, how 
 filled. 
 
 VIII. And be it further enacted, &c., that the Eoads branching 
 out of the Highway, near the House of Mr. Daniel E. Prudden, in 
 Paget Parish, and leading by the Lane, Southerly of the Store of Wil- 
 liam Perot, Esquire, to the town of Hamilton, be considered on the 
 same footing, in every respect, as the General High Way, and that 
 the High Way be extended from the East end of the Town of St. 
 George to the Town Cut, and be made of the width of twenty feet, 
 and be subject to all the regulations in this Act enacted, respecting 
 the Highway. 
 
 IX. And be it further enacted, &c., that in case of a vacancy in 
 the Office of Commissioner, it shall and may be lawful for the Gov- 
 ernor and Commander-in-Chief for the time being, to fill up such 
 vacancy, if the same take place during a prorogation or dissolution of 
 the Assembly ; but if such vacancy take place during the Session or 
 recess of the Legislature, for the same to be filled by the Governor or 
 Commander-in-Chief, the President of the Council, and the Speaker 
 of the House of Assembly, and that such Commissioners as may be 
 appointed by the Governor or Commander-in-Chief, or by the Gov- 
 ernor or Commander-in-Chief, President and Speaker, be, and they 
 are hereby declared to be, vested with the same powers, and put, to 
 all intents and purposes, upon the same footing, as those named and 
 
lai4.] BEKMUDAACTS. 107 
 
 appointed in and by this Act ; and that all Commissioners, appointed 
 for the purpose of this Act, do within ten days after the appointment, 
 or prior to their acting in such capacity, repair to the Governor or commis- 
 Oommander-in-Chief for the time being, and take an Oath fully and gjJSJ™' 
 impartially to perform the duties imposed on them by this Act. 
 
 "V A 1 i_ ' p 1 o Alterations 
 
 X. And be it further enacted, &c., that where alterations may be j," J°in'' T^o' 
 requisite to Koads connecting the two Districts, such alterations be Distrifts7to 
 decided on by the Commissioners of both Districts. o^S^l^^ 
 
 sioners of 
 
 XI. And be it further enacted, &c., that whenever it shall be ne- ''"''''■ 
 cessary for the purposes of this Act, to remove any House, Wall, hou™s™c°! 
 Fence, Hedge, Trees, or other obstacle, the same be previously valued r''"°^f'l; '° 
 by a Jury of Five Freeholders, nominated by the proprietors, and the^'puWio 
 approved by the Commissioners of the District, where the same may 'i''''=''^°™'- 
 be, or a Majority of them, who shall give in an estimate of the same 
 to the said Commissioners, to be by them certified, as the estimate of 
 the property so to be pulled down or removed, and delivered to the 
 Owner, who upon presenting the same to the Public Treasurer, shall 
 be entitled to receive the amount from the said Public Treasurer, who 
 is hereby authorized and required to pay the same : — Always provided, Proviso. 
 that it be not lawful to pull down any House, except when it may be 
 absolutely necessary to the enlargement of such Poads as are already 
 established as Public Poads, and that no person whose House, "Wall, 
 Fence, Hedge or Trees may be taken down by virtue of this Act, be 
 entitled to any indemnity for the same, if the same had been standing 
 upon Ground, which by Law had been appropriated to such Public 
 Poad ; Provided also, that in case where it shall be found that any pjovIso. 
 Walls, Hedge, Pails, Houses, Fences, or other impediments, have 
 been erected only on one side of a Poad, but on ground which should 
 by Law have been left for such road, and it shall be found equally 
 consistent with the Public convenience that the loss to the said Poad, 
 be compensated by land taken from the opposite side of the Way, it 
 shall and may be lawful, upon the consent of the Owner of the said 
 Land, first had and obtained, and the Commissioners of the District 
 where such Poad may be, are hereby authorized and required to 
 appropriate so much of the said Land, as may be equal to that im- 
 properly occupied by the said Wall, Hedge, Pail, House, Fence, or 
 other impediment, to the purposes of the said Poad ; and upon an 
 estimate of the value of the land so taken to be made in the manner 
 before directed, to call upon the person, so having built or owning the 
 said Wall, Hedge, Pails, House, Fence, or other impediments, for the 
 amount thereof, and on his failure to pay the same, to issue a warrant 
 of distress and Sale to levy the amount, with all. contingent charges, 
 which when received, shall be paid over to the Owner of the Land, so 
 taken and appropriated. 
 
 Xn. And be it further enacted, &c., that in case of dispute or m^p^ted 
 doubt, about the boundaries of any Lands, which it may be necessary bomidaries, 
 to ascertain, in consequence of this Act, the same shall be settled by tained. 
 a survey called according to the mode already prescribed by Law, 
 and the expences thereof be paid, in case the same shall have been 
 requisite to discover who may have encroached on the Public Poads, 
 
108 
 
 BERMUDA ACTS, 
 
 [1814. 
 
 Treasurer to 
 pay £4000 to 
 Commis- 
 sioners for 
 Kastern 
 District. 
 And £8000 
 for "Westea-n 
 District. 
 
 by the person who shall be fouiid to have so encroached, but by the 
 Public, in case where it may be be necessary for the purpose of any 
 Eoad, to be opened or widened, in pursuance of this Act. 
 
 XIII. And be it further enacted, &c., that the Public Treasurer 
 be, and he is hereby authorized and required, to pay for the use of the 
 Eastern District, a sum not exceeding Four thousand pounds : — and 
 for the use of the Western District, a sum not exceeding Three thous- 
 and pounds, the said sums to be issued, from time to time, by instal- 
 ments, to the Order of the Commissioners of the respective Districts, 
 and to be applied under the direction of the said Commissioners, for 
 the purposes of this Act. 
 
 Overseers to XIV. And be it further enacted, &c., that the Overseers of the 
 toUe^Ac-" respective Districts shall render a detailed account quarterly to the 
 jiTt'to're"^" Commissioners, (or oftener, if required) of the Districts respectively, 
 vi-ion of tiie of the expenees incurred for the purposes of this Act to be by them 
 branches of audited, which Accounts shall, nevertheless, be subject to the revision 
 toe^^^'^'^' and control of the different branches of the Legislature, whenever 
 they may think proper to call for them, and that the said Overseers 
 shall be held responsible for any error or overcharge that may appear 
 in the said Accounts, although they may have been audited and passed 
 by the said Commissioners. Always frovided, that the said responsi- 
 bility shall cease from and after the expiration of two years from the 
 time of auditing and passing the said Accounts. 
 
 XV. And be it further enacted, &e., that it shall and may be law- 
 ful for the Commissioners of the respective Districts to have such 
 alterations made to other Eoads within their respective Districts, not 
 herein particularly specified, but which may be of a Public and fre- 
 quent use, as shall seem necessary for the Public convenience. 
 
 Commis- 
 sioners em- 
 powered to 
 alter other 
 Eoads, if 
 necessary 
 for the pub- 
 lic con- 
 Tenience. 
 
 Lands taken XVI. And be it further enacted, &c., that in cases not herein 
 "aiued^nd Specially provided for, where any Land shall be taken for the pur- 
 compen- poses of this Act, a valuation thereof shall be made, and recompence 
 cordingto"" be obtained by the proprietors thereof, in the mode prescribed in the 
 Sec. 11. Eleventh clause of this Act. 
 
 XVII. And be it further enacted, &c., that the Commissioners 
 shall, and they are are hereby required to, have Milestones and "Way 
 Posts erected, or planted, where the same may be required. 
 
 XVIII. And Whereas alterations have been made to several Eoads 
 in these Islands, under and by virtue of the Eoad Acts passed during 
 the last two Sessions of the Legislature, and estimates may have been 
 made by Juries, by virtue of the said Acts, of the expenees of certain 
 other alterations thereby authorized — Be it further enacted, &c., that 
 in all such cases, such alterations as have been so decided on, be con- 
 firmed, and they are hereby declared to be confirmed by this Act, 
 unless the Commissioners of the Districts may see cause to adopt others 
 in their stead. 
 
 commis- ^I^- And be it further enacted, &c., that if it shall at any time 
 
 SSime'' ^PPsa^r to the Commissioners of the respective Districts that from the 
 repairs, if repairs to the Eoads, being carried on generally throughout these 
 
 Commis- 
 sioners to 
 erect Mile 
 Stones and 
 Way Posts. 
 
 Alterations 
 in Beads un- 
 der former 
 Acts, con- 
 firmed un- 
 less others 
 be adopted 
 by Commis- 
 sioners. 
 
1814.J BERMUDA ACTS. 10& 
 
 Islands at the same time, the price of labour is too much enhanced, it 1^3 '^ "f 
 
 shall and may be lawful for such Commissioners to direct such repairs be too 
 to be discontinued in such part or parts of their respective Districts, hamjel." 
 as to them to them shall seem proper. 
 
 XX. And be it further enacted, &c., that if it shall be necessary Further 
 to grant any further sums, for the purposes of the Eoads, such Sums IrSrtSr" 
 may be gra,nted from time to time, as they may be required, by Tote iofj'of'thc 
 of the Legislature. Legiaiatuie. 
 
 XXI. And be it further enacted, &c., that if any action shall be inactions 
 brought against any Commissioner or Overseer, or other person or per- commis- . 
 sons, for or by reason of anything by him or them done, in virtue or other'pe"/- 
 in pursuance of this Act, it shall and may be lawful for the defendant ^^j^jt^f/ 
 or defendants in such Action, to plead the General issue, and give the Act, they 
 special matter in evidence. the'cfenerai 
 
 Issue. 
 
 XXn. And be it further enacted, &c., that all penalties incurred Penalties 
 under this Act, shall be to His Majesty, his Heirs and Successors, for pro'^riated. 
 and towards supplying the fund established by the Act, entitled " an 
 Act for raising a Public Eevenue for the support of the Government 
 of these His Majesty's Islands." 
 
 AN ACT to repeal an Act passed in the yea/r one thousand six hund- 
 red and ninety-one, entitled " an Act for establishing amd regulat- 
 ing the Courts of Judicature^'' andL one other act, entitled " an 
 Additional Clause to the Act, entitled, " an Act for establishing 
 and regulating the Courts of Judicature^'' relating to the summon' 
 ing of Jurors to serve at a/n Exchequer or Special Court f^ and one 
 other Act, passed in the year one thousand seven hundred and 
 forty-fdur, entitled, " an Act for constituting and establishing a 
 Court of Errors in these Islands;" and one other Act, passed in 
 the year one thousand seven hundred and sixty-07ie, entitled " an 
 Act for rendering more effectual an Act entitled an Act for con- 
 sl/it/uting and establishing a Court of Errors in these Islands /" 
 and one other Act, passed in the year one thousand seven hundred 
 and ninety-one, entitled, " an Act for the establishment and regu- 
 lation of the Courts of Judicature ;'''' and one other Act, entitled 
 " an Act for the speedy recovery of debts and damages, by Mer- 
 chants, Strangers, Mariners, Sc. ; and for the further, better, and 
 more complete establishtnent and regulation of the Courts of Judi- 
 cature within these Islands. 
 
 [22 December, 1814.] 
 
 WHEEEAS the Act, passed in the year one thousand six hund- PreamWa. 
 red and ninety-one, entitled, " An Act for establishing and regulating Aotaofi69i. 
 the Courts of Judicature ;" and one other Act, entitled " An addi- jgg^ 
 tional clause to the Act, entitled, "An Act for establishing and regu- 
 lating the Courts of Judicature, relating to the summoning of Jurors, 
 to serve at an Exchequer or Special Court," and one other Act, passed 
 in the year one thousand seven hundred and forty-four, entitled, " an i^**' 
 
no 
 
 BERMUDA ACTS. 
 
 [1814. 
 
 1T61, 
 
 1791, 
 1691, 
 
 Repealed. 
 
 Court of 
 General 
 Assize con- 
 tinued. 
 
 Wlien and 
 how to 1)6 
 holden. 
 (See 181T) 
 
 Powers of 
 the Judges. 
 
 to make 
 Rules of 
 practice. 
 
 Procesfl. 
 
 Act for constituting and establishing a Court of Errors in.tliese Isl- 
 ands ;" and one other Act, passed in the year one thousand seven 
 hundred and sixty-one, entitled, " an Act for rendering more effectual 
 an Act, entitled, " an Act constituting and establishing a Court of 
 Errors in these Islands :" and one other Act, passed in the year one 
 thousand seven hundred and ninety-one, entitled " an Act for the 
 establishment and regulation of the Courts of Judicature ;" and one 
 other Act, entitled, " an Act for the speedy recovery of debts and 
 damages by Merchants, Strangers, Mariners, &c." are found to be, iu 
 many respects, insufficient and defective, and it is necessary for the 
 more complete attainment of the ends of Justice, that the same should 
 be repealed, and another Act passed, for the more effectual regulation 
 of the Courts of Judicature : 
 
 I. We, therefore, &e., and be it enacted, &c., that the said Acts, 
 of which the titles are above recited, be, from and after the time when 
 this Act shall go into operation, repealed. 
 
 n. And be it, &c., that the Court styled, in the before mentioned 
 Acts, the Court of General Assize, shall be and remain, and the same 
 is hereby further established =• as a Court of Record, by the aforesaid 
 style and title, of the Court of General Assize, and is hereby invested 
 with the like powers, properties, right, superintendence, force, effect, 
 jurisdiction, authorities, pre-eminence and advantages, within these 
 Islands, which belong to, or are enjoyed, used, or in any manner 
 
 Practised, in", and by the Courts of King's Bench, Common Pleas, 
 >yer and Terminer, General Gaol Delivery and Assize, in England ; 
 which General Court shall be holden in the Town of Hamilton, by 
 His Majesty's Chief Justice of the Bermuda Islands, and one or more, 
 (not exceeding two,) Assistant Justice or Justices, for the time being. 
 And in case of the absence, or sickness, of the Chief Justice, by two 
 assistant Justices, twice annually, that is to say, on the first Monday 
 after Easter Monday, and the second Monday in October, in every 
 year ; and shall continue until the second Saturday following and in- 
 clusive, for the trial of Jury causes if necessary, but no longer ; and 
 the same powers and authorities are hereby given to the Chief Justice, 
 and assistant Justices aforesaid, that are held, used, exercised and en- 
 joyed, by the Chief Justice, and Puisne Judges, of the Courts of 
 King's Bench, and Common Pleas, in England, to all intents and pur- 
 poses whatsoever. And the said Chief Justice and assistant Justices 
 are hereby authorised, empowered and required, to take cognizance 
 of, and hold Pleas in all manner of Causes, Suits and Actions, whether 
 Civil or Criminal, as fully and amply, to all intents and purposes, as 
 the Chief Justice and Judges of the said Court of King's Bench and 
 Common Pleas in England can, may or ought to do : and the said 
 Chief Justice and assistant Justices are hereby further empowered, 
 from time to time, to make, and establish, such rules, regulations, and 
 orders, respecting the practice, merely, of such Court, as may be 
 necessary and expedient, for the better conducting the same ; provided 
 that such rules and regulations be not repugnant to this Act, and be 
 as nearly as conveniently may be, made agreeable . to the rules of 
 practice, established in the common Law Courts of Westminster Hall. 
 
 Ill, And be it, &c., that the original, or first process, after entry 
 of Action in the Secretary's Office, in the manner heretofore accus- 
 
1814.] BERMUDA ACTS. Ill 
 
 tomed, issue from the said Court, in all actions of Debt, Detinue, 
 Covenant, Trespass, Trover, and all actions on the case, shall be writ 
 of Capias ad respondendum ; except in actions against Counsellors, 
 Attornies, or other Officers of the Court, which shall be commenced 
 by Bill, and prosecuted, as nearly as may be, according to the Prac- 
 tice of the Courts of King's Bench or Common Pleas, in England, in 
 like cases ; and all "Writs of Capias, Suhpoma, and also all Writs of 
 execution, issuing out of the said Court, shall be tested in the name 
 of the Chigf Justice for the time being, or in his absence, or if the 
 Office be vacant, of the Senior Assistant Justice, and sealed with the 
 Seal of the said Court, and signed by the Prothonotary or Clerk of 
 the same ; and all "Writs, except "Writs of Subpcena, shall be returned 
 into the Secretary's Office, oli the next return day after issuing there- 
 of, if so made returnable, and the third Tuesday in March, and the Davs. 
 second Tuesday in September, shall be the respective return days of ^^^^ ^^"^ 
 the succeeding Courts, or Terms, and so shall be taken and deemed, 
 to all intents and purposes. 
 
 IV. And be it, &c., that "Writs of Yenire facias, returnable full wrus of 
 five days before the beginning of every Court of General Assize, be ^^°"°- 
 issued, as heretofore practised, from the said Court, for the choosing 
 
 by Ballot, in the manner heretofore accustomed. Six Jurors out of 
 each Parish ; that no person who is a minor, of bad fame, or not jmors' 
 worth sixty pounds of current money, be ballotted for, or returned as f\"a'*°^" 
 a Juror : and that a neglect of a Juror to attend, be heard in a sum- ^^ l)^^*' 
 mary way, by the Judge or Judges of the said Court, and punished how punish- 
 by fine, not exceeding ten pounds current money. *'''^- 
 
 V. [This Section is repealed by Act of 1850, JSTo. 10.] 
 
 YI. . And be it, &c., that no defendant or defendants, shall be special Bau 
 held to special bail, to answer to any action or actions in the General lowTd."' 
 Court of Assize, unless affidavit of the Debt, to the best of the knowl- 
 edge or belief of the Plaintiff, or of the person acting for him, being 
 more than ten pounds, shall have been previously made and taken, 
 before the Chief Justice, or one of the assistant Justices, or the Pro- 
 thonotary or Clerk of the Court, or Commissioner appointed by the 
 Court ; and such affidavit, when made, shall be filed in the Protho- 
 notary or Clerk of the Court's Office, and the sum or sums sworn to, 
 be marked on the back of the writ, issued against the defendant or 
 defendants^ for double the amount of which sums, so endorsed, the 
 Provost Marshal, or other Officer to whom such writ shall be directed, SiTbiii'"' "^ 
 shall take bail and for no more ; and the condition of the Bail Bond '°°^^ 
 shall be, for the appearance of the defendant or defendants at the 
 return of the writ, and that in case the defendant or defendants shall 
 not, within twenty days after the return of the said writ, appear and 
 enter Special Bail above, by two or more Sureties in the said Action, how assign- 
 then, the Provost Marshal or other Officer, may, and shall, assign the 
 Bail Bond, to the Plaintiff or Plaintiffs, who may proceed thereon, as 
 is used and practised, in the Courts of Common Law in England ; J^^^'s^^Yau 
 Provided always nevertheless, that the Chief Justice, or in his absence, in ceitain 
 or if the office be vacant, the senior assistant Justice, shall and may, in """ 
 actions of Trespass for Assaults, Batteries, or other Torts or Injuries, in 
 actions of covenant, or detinue, in special actions on the case, and in 
 all cases, where Bail may be ordered by a Judge in England, on affi- 
 davit, made before him, of the circumstances and merits, order the 
 
 cases. 
 
112 
 
 BERMUDA ACTS. 
 
 [1814. 
 
 defendant or defendants, to be held to Special Bail, in such sum, as 
 he may think proper, which affidavit and order shall be filed in the 
 Prothonotary's Office, and the sum, ordered for Bail, endorsed on the 
 writ, for double the amount of which sum, so endorsed, the Provost 
 Marshal, or other Officer, shall take Bail, in manner hereinbefore 
 mentioned. 
 
 Inquiry of 
 Damages on 
 Judgment 
 by default. 
 
 Judgments 
 after Ver- 
 dict when 
 entered. 
 
 Writs of 
 error fi-om 
 Superior 
 Courts to 
 the Court 
 of Errors. 
 
 Appeal to 
 be craved 
 within 20 
 days after 
 Judgment, 
 &c. 
 
 Appeal to 
 Kiug in 
 Council. 
 
 Security on 
 appeal from 
 Court of 
 Error. 
 
 VII. And be it, &c., that when, in any action or actions in the 
 said General Court, or in the Court of Exchequer, Judgment by De- 
 fault shall be entered, for want of appearance, plea, issue or other 
 pleading, of the defendant or defendants, if such Judgment shall be 
 interlocutory, an Inquiry or Inquisition of Damages, without any 
 special writ therefor, shall be made, executed and taken, in open 
 Court, (due notice thereof having been first given, either by a Service 
 on the Party himself, or on his Attorney, or left at the Party's usual 
 place of abode), by the Oaths of the Jury, drawn and impannelled by 
 Ballot, for trials of Issues, in such Court : and after Verdict, Judg- 
 ment shall be entered up, in the same manner, as Judgment after Ver- 
 dict in an Issue tried. 
 
 VIII. And be it, &c., that at any time, after the expiration of 
 fourteen days, next after the trial of the last cause, in each Term, 
 Judgment may be entered up, upon the several Verdicts therein found 
 and obtained, and execution be thereupon issued, unless either party 
 shall have obtained a Rule for a new Trial, or Judgment shall be 
 otherwise stayed, or delayed. 
 
 IX. And be it, &c., that if any party or parties shall not rest 
 satisfied, with the Judgment of any of the Superior Courts of Com- 
 mon Law in these Islands, in any civil matter, such Party or Parties 
 shall and may be entitled to an appeal from the Judgment of any of 
 the said Courts, by writ of error to the Court of Errors, to consist of 
 the Governor or Commander in Chief for the time being, and Council 
 of these Islands, or any five of them, (with the exception of such as 
 may be Judges of the Court so appealed from ;) of which five such 
 Governor or Commander in Chief shall always be one ; Provided, that 
 no such appeal by writ of error be granted, unless the same shall be 
 craved within twenty days after Judgment signed and entered, and 
 unless the party, craving the same, give good and sufficient security, 
 in the said General Court, to the defendant in Error, in double the 
 value of the matter in dispute, to be fixed, in case of doubt, by an 
 appraisement under direction of the said Court, forthwith to prose- 
 cute the said appeal by writ of en-or to effect, and if the Judgment be 
 affirmed, or the writ of error be discontinued, or quashed, or the plain- 
 tiff in error be non-suited, to pay the debt, damages and costs, recov- 
 ered, together with such costs as shall be awarded by such Court of 
 Error. And where the Judgment entered, or debt or damages laid or 
 demanded, shall exceed Five Hundred Pounds currency the Plaintiff 
 or Plaintiffs, Defendant or Defendants, in error, may appeal from the 
 said Court of Errors, to the King in Council ; provided such appeal is 
 craved and entered, within twenty days after Judgment affirmed, or 
 reversed, by the said Court of Errors ; and provided, that where the 
 Judgment, of the said Court of Errors, shall be in affirmance of the 
 Judgment of the General Court, before an appeal therefrom shall be 
 
1814.] BERMUDA ACTS. 113 
 
 allowed or granted, the appellant or appellants shall well and truly 
 pay Tinto the appellee or appellees, the debt, damages and costs which 
 the said appellant or appellants are liable to pay, by the Judgment of 
 the said Oourt of Errors, upon the appellee or appellees giving good 
 and sufficient security, in double the sum so paid, to repay the same 
 with costs and charges, in case the Judgment so appealed from, be 
 reversed by His Majesty in Council ; and in all cases of appeal from 
 the Judgment of the said Court of Errors, the said Appellant or Ap- 
 pellants shall also give good and sufficient security in double the value 
 of the matter in dispute, to prosecute his, her or their appeal, within 
 twelve months after the granting thereof, and in case the Judgment 
 of the said Court of Errors, shall be affirmed, to pay to the said Ap- 
 pellee or Appellees, such costs as shall be awarded on such affirmance 
 of Judgments, and also the debt and damages recovered thereby, if 
 the same have not been previously paid; Always provided, that 
 nothing in this clause contained, extend or be construed to extend, to 
 have any retrospective effect on Suits now depending or not yet de- 
 termined. 
 
 X. And be it, &c., that each member of the Court of Errors shall, ^^'^^^J^^.^ ^^ 
 before he takes his seat as a member of the said Oourt, take the fol- court of 
 lowing Oath, viz. — I, A. B., do swear, upon the Holy Evangelists of ^"^"^ 
 Almighty God, that in all errors to be brought before me, while I am 
 
 a member of the Court of Errors, I will not deny or delay Justice to 
 either party, but will, to the best of my ability give judgment thereon. 
 So help me God. Which oath shall be administered first by the oldest 
 member of the Council to the Governor or Commander in Chief, and 
 then by the said Governor or Commander in Chief to the several 
 members of the Court. 
 
 XI. And for the regulating the proceeding in the said Court of writs of 
 Errors, be it, &c., that all writs of Error shall be tested in the name of the tertea^A^. 
 Governor or Commander in Chief for the time being, shall be returnable . 
 
 in thirty days from the test thereof, and shall be served on the Chief 
 Justice of the Court, from whence the appeal is craved, or in case of 
 his absence or a vacancy in the office, on the next Senior Judge, who 
 shall forthwith cause a transcript of the Eecord to be made out, and 
 the same certify, under his Hand, and the Seal of the Court, before or 
 on the day of the return of the writ of Error, and the plaintiff in error Ei'ora when 
 shall assign errors, under the hand of Council, in the office of the 
 Clerk of Errors before the expiration of eight days, after the return of 
 such writ of Error and Transcript, unless further time be given by the 
 Court of Errors and if no such errors be assigned within the said eight 
 days, or further time given by the Court of Error for assigning errors, 
 execution may be taken out for default. 
 
 XII. And be it, &c., that any writ of error brought, shall be a writofenor 
 supersedeas to any execution, from the time of service of the same on pe'^.jgjg^j " 
 the Chief, or other Judge to whom the same may be directed, if secu- 
 rity have been previously given, according to the requisites of this 
 
 act, although such execution have begun to be executed. 
 
 Xin. And be it, &c., that after errors assigned, the plaintiff in After enors 
 error, or his counsel^ shall give notice thereof, in writing, to the de- ?^e^to^be°° 
 15 
 
114 . BERMUDA ACTS. [1814. 
 
 given de- fcndaiit in error, or his counsel, wlio ^hall join in error, or plead to 
 fendant, &e. ^]^g sapie, Or to the writ or demur, or allege diminution, within thirty 
 days next after such notice. 
 
 SwrOTTo"* ^^- ^'^^ ^e it, &c., that no second writ of error, shall be any 
 be a super- Supersedeas to any execution, except where the first writ of error was 
 iess!&c™' discontinued, abated or lost, without any default of the plaintiff in 
 error, or his counsel, in which case, a supersedeas may be awarded by 
 the Court of Errors aforesaid, signed by the person presiding, and 
 under his Seal, and a Copy served on the defendant in Error, and the 
 original left with the Marshal ; but if no such supersedeas, execution 
 may be levied. 
 
 whennotice XV. And be it, &c., that either party may serve the other with 
 rorsmaybe noticc, (instead of a scire facias) to hear errors, at least thirty days 
 served, before errors are to be argued, and then, or as soon after, as counsel 
 can be heard, by the Court of Errors, the cause shall be argued. 
 
 touinor' XVI. And be it, &c., that there shall be no discontinuance, loss 
 
 Ac, of writ or abatement, of any writ of Error by reason of the Court of Errors, 
 oonrtnotb™ not being held at any particular day, that shall or may be appointed 
 time'ap-** ^01" return of the writ, or to hear and determine errors, but that the 
 pointed. same may be proceeded on, at any day after the day first appointed. 
 
 Writs of er- XVII. And be it, &c., that all writs of error, wherein there shall 
 abie*onpay- be any variance from the original Record, or other defect, may and 
 ing coats, gj^all be amended, and made agreeable to such Kecord, by Kule or 
 
 Order of such Court of Error, upon the payment however of costs, to 
 
 be awarded by the Court. 
 
 Security on XVIII. And be it, &c., that no executors, administrators, or guar- 
 writsofev- ^ja^jjg^ shall be obliged to give security on a writ of error, except only 
 in such cases, where by the Law of England, or Statutes of the United 
 Kingdom, executors, administrators, or guardians are obliged to give 
 security ; and that no person be bound to give security on any penal 
 c„ji5 law, or in any action popular, but that the said Court of Errors may 
 
 give costs only on the affirmation of any Judgment on a penal law, 
 or in an action popular, but not against an executor or administrator. 
 
 « 
 
 Court of Er- XIX. And be it, &c., that the said Court of Errors shall be, and 
 
 rails 0™''''° hereby is, empowered to settle any further or other rules or orders 
 
 practice. gf practice merely, for writs of error, as may be agreeable to the 
 
 laws and practice of England, and as may not be repugnant to this 
 
 Act. 
 
 After issues XX. Aud be it, &c., that when the Issues, Inquests and matters of 
 
 c''rt*uf ^^^^ depending in the said Court of General Assize, shall have been 
 
 6en»rai tried or continued over to the succeeding term, (which continuance of 
 
 adfoura." all Issues, Inquests, and other matters undetermined, shall be of 
 
 course, without any motion or order therefor), and the respective 
 
 Juries shall be discharged, it shall and may be lawful to adjourn the 
 
 said Court for a space of time not exceeding sixteen days, and on the 
 
 Adjourned day of such adjournment, the Chief Justice, and in case of his ab- 
 
 sittiags. sence, or if the office be vacant, the said assistant Justices, shall meet 
 
 and hold the said Court, and thereat sit, from day to day, if to him, 
 
1814.] BERMUDA ACTS. 115 
 
 or them, it shall seem expedient, for the hearing and determining 
 ma;tters of law, and such other business not requiring a Jury, as may 
 be brought before them, and may be transacted at such adjourned 
 Courts. 
 
 XXI. And be it, &c., that in case the assistant Justice or Justices if Assisiant 
 be absent, or unable to attend the said General Court, or if there be aSr ^^ 
 no assistant Justice or Justices appointed, then it shall and may be ficJ°to'h'oid 
 lawful for the Chief Justice for the time being, to hold the said Gen- comt. ^ 
 eral Court, and to exercise all the powers, jurisdiction, and authori- Nri9.)'' 
 ties, given by this act, in as full and ample a manner, to all intents and 
 purposes whatsoever, as if one or more of the said assistant Justices 
 were present, and did sit in judgment with the said Chief Justice, any- 
 thing contained in this act to the contrary notwithstanding. 
 
 XXn. And "Whereas, it would tend much to the furtherance of judges or 
 Justice, if the Judges of the said Court of General Assize, were foSrt to 
 authorised to errant commissions for the examination of witnesses de k?"? ^o™- 
 
 7 • ° -, ,. . -. • -i r~> • n 11 missions to 
 
 bene esse, m causes dependmg m the said Court, it frequently happen- examine 
 ing that causes are delayed and the benefit of the Testimony of mate- Xent"^ 
 rial witnesses sometimes lost, where such witnesses are either not 
 within these Islands, or although within the said Islands, are yet too 
 aged or infirm to attend, to give their evidence, viva voce, for remedy 
 whereof in future. Be it enacted, &c., that the Judges of the said 
 Court be, and they are hereby authorised and empowered, in all cases 
 whatever, depending, or to be brought in the said Court, where they 
 shall think proper, (upon aflSdavit first made of the facts), to grant a 
 Commission for the examination of witnesses de hene esse, at the in- 
 stance either of plaintiff or defendant, to cause such commission to be 
 directed to such persons as they shall see fit, resident within any part 
 of His Majesty's Dominions, or within any foreign country, and the 
 examination of any witness or witnesses, taken under such com- 
 mission, shall, in all cases, be as valid and effectual in the law, 
 as if the person so examined had appeared upon the trial, and 
 sworn or affirmed to matters therein contained, viva voce, in open 
 Court. 
 
 3 em- 
 
 XXIII. And Whereas, many difficulties have been, and hereafter judge t 
 may be, occasi(faed by witnesses going off these Islands, for remedy f "^^n* *" 
 whereof. Be it enacted, &c., that it shall and may be lawful, for any witnesses 
 Judge of the aforesaid General Court of Assize, to take the examina- these fi- 
 tioD upon oath, of any person, qualified to be a witness going off the ''°^" 
 said Islands of Bermuda, (or if such person be of the description of 
 people called Quakers, then upon his or her affirmation), who shall 
 be brought before him as a witness in any cause, suit or action 
 depending, or hereafter to be brought in the said General Court: 
 Provided always, that affidavit be first made, before the said Judge, Affidavit 
 (the plaintiff's declaration being then actually filed, and which it is fg^a^gJi'f* 
 hereby declared lawful for him to file, at any time after service of the , 
 writ, or process, though before its return) ; that the person so to be 
 examined is, according to the best of his belief, a material witness, on 
 the part and behalf of the party desirous of having such witness ex- 
 amined ; and that suoh person is, as the party applying hath been in- 
 formed and verily believes about to depart from the said Islands of 
 
116 
 
 BERMUDA ACTS, 
 
 [1814. 
 
 Peijury how 
 puniBbed. 
 
 In Suits 
 npon joint 
 Bond, &c , 
 service of 
 process on 
 debtor pres- 
 ent good ser- 
 vice npiin 
 debtors ab- 
 sent 
 
 Witness to Bermuda : And provided also, that the person so to be examined, be 
 
 ^th sTa- duly Served with a Sufypo&na to attend such Judge, at a time and 
 
 SStoid- pl^ce therein appointed, for the purpose of being examined, and that 
 
 verse party, at least tweutj-fours uoticB of such examination be given in writing 
 
 T^xamina- to the adverse partv, or his Attorney, which examination on proof 
 
 used. made at the trial of the cause, that such person is then deaa, or not m 
 
 the said Islands of Bermuda, or if in the said Islands, not able 
 
 to attend, shall in every such suit or action, be of the same force and 
 
 effect, as if the person so examined, had appeared upon the trial, and 
 
 had sworn or affirmed to the matters therein contained, viva voce, in 
 
 open Court. 
 
 XXrV. And be it, &c., that any person or persons, convicted of 
 wilful or corrupt peijury, in any examination or examinations, so to 
 be taken on oath, or affirmation, as aforesaid, or under any commission 
 to examine de iene esse, under this act, shall be punished as persons 
 convicted of wilful and corrupt perjury, any law, usage or custom to 
 the contrary notwithstanding. 
 
 XXV. And Whereas, from the want of a process of outlawry, 
 creditors have been, and hereafter may be put to great inconveniences 
 in the recovery of joint debts, due them from persons residing or 
 being, some of them, within these Islands, and the rest in other Couur 
 tries, for remedy thereof. Be it, &c., that in all actions or suits, here- 
 after to be sued or prosecuted, in the aforesaid Court of General As- 
 size, upon any joint bond, obligation, promissory note, written 
 acknowledgment, bill of exchange, or open account, in which any one 
 or more of the defendants shall have been actually served, with any 
 writ or process, whereby to compel his, her or their appearance, to 
 such suit or action, and the officer to whom such writ or process shall 
 have been directed, shall return and certify that the other defendant 
 or defendants therein named, is or are not within these Islands, such 
 service of process upon the defendant or defendants, so being within 
 the said Islands, shall be held and deemed, as good and sufficient service 
 upon such absent defendant or defendants, and that the plaintiff may 
 afterwards proceed, either by default or otherwise, to judgment and 
 execution, in such manner as if each of the defendants had been per- 
 sonally served with such writ or process. ♦ 
 
 Practice of XXYI. And Whercas, a practice has obtained in these Islands, 
 FnThifown fo^ ^ P^rty iu all matters of account, to prove the items thereof, by his 
 account con- or her own Oath, Be it, &c., that the said practice shall be, and it is 
 hereby declared to be continued in the manner hitherto accustomed. 
 
 XXVII. And be it, &c., that all writs and other processes, issuing 
 out of the said Court of General Assize, and all exemplifications of 
 records remaining in the said Court, shall be sealed with a seal, made 
 of silver, or some other proper metal, in the form of a circle, (the 
 diameter of which shall be one inch and two tenth parts of an inch,) 
 with the following impression cut or made thereon ; viz., — within an 
 inner circle of the diameter of one inch, the form or figure of the 
 Crown of the United Kingdom of Great Britain and Ireland, over the 
 Seal of the '^^^'^^ *^^^- G^NS. AssAE. msuLM. BEEMir. Under which, in the outer 
 Court circle, the words and figures, posins mitesctjst beoula bellis, 1814, 
 
1814.] BERMUDA ACTS. 117 
 
 which, said seal shall be provided by the Public Treasurer as soon as 
 conveniently may be, after the passing of this Act, shall be used as 
 the seal of the said Court, as soon as provided, and shall be constantly 
 kept and remain, in the office of the Prothonotary, or Clerk of the 
 said Court, and in the mean time, and until such seal can be procured, 
 all writs, process and other documents, shall be sealed in the manner 
 heretofore accustomed. 
 
 XXVIII. And be it, &c., that whenever it may be necessary to Judseof 
 summon a Jury or Juries, for the trial of any matter or cause, in the chequer uT 
 Court of Exchequer, the Chief or other Judge of the said Court, do Jfepts t^" 
 issue a precept to the Provost Marshal General, returnable full three j™^"'^''^ 
 days before the meeting of the said Court, for the summoning the &c. 
 Jurors who served at the last preceding General Court of Assize, out 
 
 of whom a Jury shall be impannelled by ballot, in the usual manner, 
 for the trial of such matter or cause ; and that the said Jurors attend- 
 ing the said Court, in obedience to such precept, shall be allowed the 
 same compensation, and be paid in the same manner as Jurors serving 
 at the General Assize. 
 
 XXIX. And be it, &c., that the Governor or Commander in court of 
 Chief of these Islands, and his Majesty's Council, for the time being, tow^MnJ' 
 (or any five of them, of whom such Governor or Commander in Chief ^lituted. 
 shall always be one,) shall constitute the Court of Chancery for these 
 Islands, and have power and authority, to examine, hear, judge, de- 
 termine and decree, all matters causes and things whatever as fully 
 
 and amply, to all intents and purposes whatsoever, as the High Court 
 of Chancery in England may or can do, and have power to make and 
 establish, such rules, regulations and orders, respecting the practice to make 
 merely, of the said Court, as may be necessary or expedient ; provided practice 
 that such rules and regulations be not repugnant to this Act, and as 
 nearly as conveniently may be, be made agreeable to the rules of 
 practice established in the High Court of Chancery at Westminster 
 Hall in England. 
 
 XXX. And be it, &c., that the usual mode of an Executor or 5Txec"tor^ 
 
 Administrator proving the account of his testator, or intestate, be in proving ac- 
 /. . , . -^1 ° ' ^ count con- 
 
 future COntmued. tinued. 
 
 XXXI. And be it, &c., that from and after the time when this English 
 Act shall go into operation, the English Acts of Parliament, relative |^*Sff ' °^ 
 to the setting off mutual debts and demands between the plaintiff and adopted. 
 defendant, made and passed in the second year of His late Majesty 
 
 King George the Second, chapter twenty-second, and in the eighth 
 "year of His said late Majesty, chapter twenty-fourth, shall be of full 
 force, operation and effect in these Islands : Always provided, that Proviso. 
 the present mode of filing an Account in detail with the general Issue 
 be continued. 
 
 XXXn. And be it, &c., that defendants in any suits now com- Providesfor 
 menced in the Court of General Assize, and all others who are required KTe^""^ 
 by bail bonds or process, to appear at the Sessions House in the Town pending. 
 of Hamilton, on the first Monday in June next, be, and they are here- 
 by required, notwithstanding the said bail bonds or process, to appear 
 
118 
 
 BERMUDA ACTS. 
 
 [1815. 
 
 on the first Monday after Easter Monday next, before the said Court 
 in the said Town of Hamilton, which appearance shall be construed 
 to be a full and legal compliance with the requisitions of the said bail 
 bonds or process. 
 
 [Commencement of Assizes changed to the first Monday in May and November, by Act 
 of 181 7 ; and, by the same Act, the Retnm Days are changed to the last Monday in March 
 and September, respectively. 
 
 By Act of 1829, when the Chief Justice is a party or disabled by sickness from attend- 
 ing the Court, it shall be held by two Assistant Justices. 
 
 By Act of 1848, No. 19, any one Judge may adjourn the Court merely to continue the 
 session ; and the meaning is defined of the words " absence " and " unable to attend," as 
 applied to the Judges. 
 
 By Act of 1818, the Assizes may be postponed, if necessary, to later periods. 
 
 By Act of 1832, No. 5, Special Assizes may be held for Cruninal Trials. 
 
 By Act of 1832, Session 2, No. 2, the semi-annual Terms are designated "Easter Term" 
 and " Michselmas Term." 
 
 See, also. Acts of 1831, No. 8 ; 1857, No. 1.] 
 
 AN ACT to alter one of the Return Days of the Cowrt of General 
 
 [3 March, 1815.] 
 
 WHEREAS by an Act, passed in the present Session, entitled 
 " An Act to repeal an Act, passed in the year one thousand six hun- 
 dred and ninety one," entitled " an Act for establishing and regulat- 
 ing the Courts of Judicature," and one other Act, entitled, "an 
 additional Clause to the Act, entitled " an Act for establishing and 
 regulating the Courts of Judicature," relating to the summoning of 
 Jurors, to serve at an Exchequer or Special Court," and one other 
 act, passed in the year one thousand seven hundred and forty four, 
 entitled, " an Act for constituting and establishing a Court of Errors 
 in these Islands," and one other Act, passed in the year one thousand 
 seven hundred and sixty one, entitled " an Act for rendering more 
 effectual an Act, entitled " an Act for constituting and establishing a 
 Court of Errors in these Islands," and one other Act, passed in the 
 year one thousand seven hundred and ninety one, entitled " an Act 
 for the establishment and regulation of the Courts of Judicature," 
 and one other act, entitled " an Act for the speedy recovery of debts 
 and damages by merchants, strangers, mariners, &c. and for the fur- 
 ther, better and more complete establishment and regulation of the 
 Courts of Judicature, within these Islands," it is, in the third clause 
 thereof, enacted, that the third Tuesday in March shall be the return 
 day of the next succeeding term Court of General Assize, therein, 
 mentioned, and whereas it is deemed expedient, and more conducive 
 to the proper regulation of the said Court, that the second Tnesday in 
 March should be the return day of the said next succeeding term, 
 instead of the third Tuesday : 
 
 I. "We, &c., and be it enacted, &c., that the second Tuesday in 
 i'nMa^ch"'' March, shall be the return day of the next succeeding term of the 
 
 Appoints 
 2aTui 
 in Mai - 
 mstead of 
 
 tarn day. be, to all inteuts and purposes 
 
 said Court of General Assize, and so shall be taken and deemed to 
 
1815.] BERMUDA ACTS. 119 
 
 II. And be it further enacted, &c., That Defendants in any suits 
 now commenced in the said Court of General Assize, who are required 
 by Bail, Bonds or Process to appear at the Sessions House, in the town 
 01 'Hamilton, on the third Tuesday in March next, bo, and they are 
 hereby required, notwithstanding the said Bail, Bonds or Process, to 
 appear on the second Tuesday of the said month of March next, at Defendants, 
 the said Sessions House ; which appearance shall be, and shall be p^aV ob'm 
 construed to be, a full and legal compliance with the requisitions of '^™^'^y- 
 the said Bail, Bonds or Process. 
 
 A]^ ACT relating to a certain Messuage, Tenement, or Dwelling 
 Souse, Out Buildings, a/nd Tract of Land, situate in PemhroTce 
 Parish, and contiguous to the Town of Hamilton, purchased for 
 and being the residence of the Governor or Commander in Chief 
 of these Isla/ndsfor the time heing. 
 
 [8 March, 1815.] 
 
 WHEREAS, on or about the twenty-third day of July, in the Preamble. 
 Year of our Lord one thousand eight hundred and fourteen, the Pub- 
 lic Committee appointed by the Act entitled " An Act for taking up 
 of certain lands, and for erecting certain Public Buildings thereon for 
 the purposes of Government, at the Town of Hamilton, and the ap- 
 pointing certain persons as therein prescribed, to carry the aforesaid 
 purposes into effect, and to draw a certain sum of money out of the 
 Public Treasury to defray the expenses," did purchase of Joseph 
 Stowe, Junior, of Pembroke Parish, in these Islands, Esquire, a cer- 
 tain Messuage, Tenement, or Dwelling House, Out Buildings, and 
 Tract of Land containing Fifty Acres, or thereabouts, situate in the 
 aforesaid Parish of Pembroke, and contiguous to the Town of Hamil- 
 ton, for the residence of the Ggvernor or Commander in Chief of these 
 Islands for the time being, for the price or consideration of Eight 
 thousand, five hundred pounds current money, independent of Eight 
 lots in the said Town of Hamilton which the said Public Committee 
 agreed to procure and obtain conveyances for, in favor of the said 
 Joseph Stowe, from the Mayor Aldermen and Common Council of 
 the said Town of Hamilton, valued at the sum of one hundred and 
 fifty pounds more, making in the whole eight thousand Six hundred 
 and fifty pounds, current money, for which said Messuage, Tenement 
 or Dwelling House, outbuildings and Tract of Land, so purchased by 
 the said Public Committee, to and for the uses and purposes aforesaid, 
 the said Joseph Stowe stipulated and agreed to give all necessary 
 Conveyances, but before the same could be conveniently prepared, 
 the said Joseph Stowe departed this life, leaving his last Will and 
 Testament, appointing his Widow, Elizabeth Stowe, Executrix, and 
 his Father John Stowe, his Son John William Stowe, then and still 
 a Minor, and Brother William Stowe then and still absent from these 
 Islands, Executors thereof, which said last Will Contains a Clause 
 relative to the said Messuage, Tenement, Dwelling House, Out Build- 
 ings and Tract of Land, so sold to the said Committee, in these words : 
 " ft is my Will and desire, that the balance which may be remaining 
 
120 BERMUBA ACTS. [181S. 
 
 of the amount to be received for the House and land sold for the use 
 of the Government of these Islands, after paying for the House and 
 land situate in Paget's Parish, bought at auction of James Henry 
 Tucker, Executor to the Estate of Ann Hinson deceased, be put to 
 Interest, for the benefit of my Estate." And whereas a Petition has 
 lately been preferred to the Legislature by the said Elizabeth Stowe 
 as Executrix, and John Stowe, as Executor of the aforesaid last "Will 
 and Testament of the said Joseph Stowe, deceased, setting forth in 
 substance the matters hereinbefore contained, and also setting forth 
 that, for the purpose of fulfilling the Will and desire of their Testator, 
 they are anxious to receive payment for the said House and land, so 
 sold by him the said Joseph Stowe, to the said Public Committee, and 
 are "willing, either to execute any Conveyance for the same, which 
 may be thought necessary, or that the Legislature should make any 
 enactment, which may be thought proper, for vesting the Public with 
 an absolute Eight and Title therein, for the uses and purposes for 
 which the same were sold and purchased. And whereas in order to 
 prevent every doubt and difficulty which may arise respecting the 
 Said Messuage, Tenement, or Dwelling House Out Buildings and 
 Tract of Land, with the appurtenances, so as aforesaid, sold by the 
 said Joseph Stowe, to the said Public Committee, and which are now 
 held and used as the residence of the present Governor or Commander 
 in Chief of these Islands, and to vest the same in His Majesty, his 
 heirs and Successors, to and for the use and purpose, for which the 
 same were so sold and purchased, and also to direct the consideration 
 agreed to be given therefor, to be made good, it is deemed advisable 
 to provide at law : 
 
 He^dita- ^- ^®' ^°-> ^^^ ^® ^* enacted, &c., that the said Messuage, Tene- 
 
 ments ment or Dwelling House, Tract of land, and all Buildings thereon 
 thi Crown erected, Hereditaments and every part and parcel thereof, with the 
 JenMY/the appurteuauces, so as aforesaid sold or agreed, or meant to be sold by 
 fortheTme *^® ^^^^ Joscph StowB, Juuior, to the said Public Committee, be, and 
 ieing. the same are, and is, hereby absolutely 'vested in his Majesty, his heirs 
 and Successors forever, as and for the Residence of the Governor or 
 Commander in Chief of these Islands, for the time being, and to and 
 for no other use, intent or purpose whatsoever. 
 
 The Public H- ^^^ ^^ i* further enacted, &c., that the said Public Commit- 
 
 Buiiding tee, or a Majority of them, be, and the same is and are hereby author- 
 
 to'make ized and required, to fulfill and render on their part, to the aforesaid 
 
 the™ame K Elizabeth Stowe, as Executrix and John Stowe as Executor, of the 
 
 the Execu- jg^gj; ^jn ^nd Tcstamcut of the said Joseph Stowe, deceased, the pay- 
 
 tnx ana B-x* , , -c _ J .tt-»i-iS 
 
 ecntorofthe mcnt or consideration agreed to be made, or given by the said Public 
 ^seph Committee, to the said Joseph Stowe for the said Messuage, Tenement, 
 oeS'^^" or Dwelling House and Tract of land, and all outbuildings thereon, so 
 
 as aforesaid sold by the said Joseph Stowe, and purchased by the said 
 
 Committee. 
 
5 
 
 1815.] BERMUDA ACTS. 121 
 
 AN ACT to adopt certain British Stahites, and Clauses of certain 
 other British Statutes, made for the security of Justices of the 
 Peace and others, in the execution of their Offices, a/nd to make 
 certain Regulations respecting Writs of Certiorari. 
 
 [2 September, 1815.] 
 
 WHEREAS the due execution of Laws must ever depend in a Preamble. 
 great measure, on the security of the Officers entrusted with the exe- 
 cution of them, and it is therefore necessary at the same time that 
 proper and sufficient checks be provided against any abuse of authority, 
 to uphold and protect such Officers, in the honest and upright, though 
 perhaps informal discharge of their duties. And Whereas it is deemed 
 advisible, in order thereto, to adopt certain of the English or British 
 Statutes, and certain Sections or clauses of others, which have been 
 for such purposes specially made and enacted, but which do not ex- 
 tend to these Islands : 
 
 I. We, &c., and be it enacted, &c., that from and after the passing stotutee 
 of this Act, the Statute passed in the Seventh Year of the Reign of sijaoi.&is 
 King James the First, Chapter five, entitled "An Act for ease in Haeo.^*!'^ 
 pleading troublesome and contentious suits prosecuted against Justices ^^^^ f^^- ^ 
 of the Peace, Mayors, Constables, and certain other His Majesty's adopted. 
 Officers for the lawful execution of their Office," so much of the Statute 
 passed in the Twenty -first Year of the Reign of King James the First, 
 Chapter Twelve, and entitled " An Act to enlarge and make perpetual 
 the Act made for ease in pleading against troublesome and contentious 
 suits prosecuted against Justices of the Peace, Mayors, Constables, 
 and certain other His Majesty's Officers for the lawful execution of 
 their Office, made in the Seventh Year of His Majesty's most happy 
 Reign," as confirms the said Statute above mentioned and extends the 
 benefit of the same to certain Officers therein specified, the Statute 
 passed in the Twenty fourth Year of King George the Second, Chap- 
 ter forty-four, entitled " An Act for rendering Justices of the Peace 
 more safe in the execution of their Office and for indemnifying Con- 
 stables and others acting in obedience to their Warrants" — and the 
 First and Second Sections of the statute for the still further protection 
 of Magistrates, passed in the Forty third Year of the Reign of George 
 the Third, Chapter one hundred and forty one, shall be in full force 
 and operation in these Islands, so far as the said statutes and clauses 
 may relate to any Officers or Persons witliin these Islands of the 
 description mentioned in the said statutes. 
 
 n. And Whereas in Many Cases His Majesty's Justices of the ^°^,^«^-j_^ 
 Peace by law are empowered to give or make Judgments or Orders, be'"anowe'd 
 and divers Writs of Certiorari have been or may be procured to c^jet'imless 
 remove such Judgments or Orders into the Court of General -Assize the ^pWcu- 
 in these Islands, be it therefore enacted, &c., that from and after toiecognis- 
 this Act be assented to by Your Majesty's Governor, no certiorari smetoSn 
 shall be allowed to remove any such Judgment or Order unless the ^fj?""™ ™°- 
 party or parties prosecuting such certiorari before the allowance 
 thereof shall enter into a recognizance with sufficient sureties be- 
 16 
 
122 BERMUDAACTS. [1815. 
 
 fore one or more Justices of the Peace- or before the Justices at 
 their General Quarter Sessions where such Judgment or Order shall 
 have been given or made, or before any one of His Majesty's Justices 
 of the said Court of General Assize, in the sum of Fifty pounds, with 
 condition to prosecute the same at his or their own Costs and charges 
 with effect without any willful or affected delay and to pay the party 
 or parties in whose favor and for whose benefit such Judgment or 
 Order was given or made, within one month after the said Order or 
 Judgment shall be confirmed, their full costs and charges, to be taxed 
 according to the course of the Court where such Judgments or Orders 
 shall be confirmed ; and in case the party or parties prosecuting such 
 certiorari shall not enter into such recognizance or shall not peiform 
 the conditions aforesaid it shall and may be lawful for the said Justices 
 to proceed and make such further Order or Orders for the benefit of 
 the party or parties for whom such Judgment shall be given in such 
 manner as if no certiorari had been granted. 
 
 Eecogniz- HI. And be it further enacted, &c., that the Recognizance shall 
 
 certified to be Certified to the said Court of General Assize and there filed with 
 A'e'siMr&c?' the certiorari, and order or judgment thereby removed, and if 
 the said order or judgment shall be confirmed by the said Court the 
 persons entitled to such costs for the recovery thereof within ten days ■ 
 after demand made of the person or persons who ought to pay the 
 said costs, upon oath made of making such demand or refusal, shall 
 have an attachment for contempt, and the recognizance shall not be 
 discharged until the costs shall be paid and the order so confirmed, 
 complied with and obeyed. 
 
 No cer- rV. And for the better preventing of vexatious delays and expen- 
 
 he'^i\o«efi, ces occasioued by suing forth "Writs of Certiorari for the removal of 
 mivedfor couvictions, judgmcuts, orders and other proceedings before Justices 
 month/Ifter °^ *'^® Peace, be it further enacted, &c., that no Writ of Certiorari 
 the convio- shall be granted, issued forth or allowed to remove any conviction, 
 and on °' judgment, order, or other proceeding had or made by or before any 
 Notko Justice or Justices of the Peace of these Islands or the Quarter Ses- 
 sions thereof, unless such certiorari be moved or applied for within 
 six calender months next after such conviction, judgment order or 
 other proceedings shall be so had or made and unless it be duly 
 proved upon oath that the said party or parties suing forth the 
 same hath or have given six days notice thereof in writing to the 
 Justice or Justices, or to two of them (if so many there be) by and 
 before whom such conviction, judgment, order, or other proceedings 
 shall be so had or made to the end that such Justice or Justices or 
 the parties therein concerned may shew cause, if he or they shall so 
 thipk fit, against the issuing or granting of such certiorari. 
 
1815.] BERMUDA ACTS. 123 
 
 AN ACT cmthorizing the Comrmttee appointed ly the Act entitled 
 " An Act for taking up certain lands, and for erecting certain 
 
 ^ Public Buildings thereon, for the purposes of Government, at the 
 Town of Hamilton, and the appointing certain persons as therein 
 presorihed to carry the aforesaid purposes into effect, and to dra/w 
 a certain sum of money out of the Public Treasury to defray the 
 esmense,^'' to cause a Public Oaol to be erected in the Town of 
 itamUton, and to receive out of the Public Treasury a sum not 
 exceeding Two thousand two hundred pounds to defray the cost 
 thereof. 
 
 [15 September, 1816.] 
 
 WHEEEAS it is deemed highly necessary that a Public Gaol preamble. 
 should be erected in the Town of Hamilton : 
 
 I. We, &c., and be it enacted, &c., that the Committee or a ^If^ 
 Majority of them appointed by the Act entitled "An Act for tak- Oommutea 
 ing up certain lands, and for erecting certain Public Buildings GaoiToVe 
 thereon for the purposes of Government at the Town of Hamil- ^"^'„'i|"o„ 
 ton, and the appointing certain persons therein prescribed to carry 
 
 the aforesaid purposes into effect, and to draw a certain sum of 
 money out of the Public Treasury to defray the expense," be and 
 they are hereby declared to be authorized to fix and determine 
 upon such Lot or Situation within the Town of Hamilton, as to 
 them the said Committee, or a Majority of them may seem eligi- 
 ble for the situation of said Gaol, and to cause such Lot to be vested 
 in His Majesty, His Heirs and Successors forever, for the purposes of 
 the said Gaol, and for no other use intent or purpose whatsoever, and 
 that the said Committee or a Majority of them be and they are hereby 
 further authorized to fix and determine upon the' plan of the said Gaol, 
 not exceeding fifty feet in length and twenty-two feet in width, and 
 two Stories in height of eighteen feet from the first floor to the "Wall 
 Plate, and to contract for, or cause the said Gaol to be built upon the 
 said Lot with all convenient speed, upon the cheapest terms that can 
 be obtained, not exceeding Two Thousand Two Hundred pounds, and 
 that the said Committee be further authorized to give such necessary 
 orders and directions for the same, from time to time, as they may 
 think necessary, for the completing the said Gaol. 
 
 II. And be it, &c., that the proceedings of the said Committee rel- Their pro- 
 ative to the business of their appointment, shall be entered in a Book accountelo'' 
 to be kept by them, who shall also keep an exact and regular account {^nB^ol'^'f,,, 
 of all receipts, expenditures and payments for the aforesaid purposes, the inspec- 
 in a separate Book, which Books shall be for the inspection of the Leguiatmc. 
 Legislature. 
 
 III. And in order to defray the cost of the said Gaol, be it, &c., 
 
 that the said Committee or a Majority of them be and they are hereby nut exceed- 
 authorized to receive from the Public Treasury from time to time, by o°ftff ff 
 Warrant from His Excellency the Governor or Commander in Chief '"'^'^^^''lY.f"' 
 for the time being, such sum or sums of money, not exceeding the sum the Act. 
 of Two thousand two hundred pounds, as may become necessary to 
 comply with and fulfil the contracts by them made and entered into, 
 
124 
 
 BERMUDA ACTS, 
 
 [1816. 
 
 The Gaol to 
 be vested in 
 the Crown, 
 and prison- 
 ers may be 
 committed 
 either to this 
 Gaol or to 
 that at St 
 George^s as 
 may be 
 thought 
 proper by 
 the commit- 
 ting court or 
 officer. 
 
 by virtue of this Act, which sum the Public Treasurer is hereby author- 
 ized and required to pay accordingly. 
 
 TV. And be it, &c., that as soon as the said Public Gaol be built 
 and finished, the same be and it is hereby declared to be vested in Hjs 
 Majesty, his Heirs and Successors forever, to and for the use of a Pub- 
 lic Gaol, and to and for no other uses intent or purpose whatsoever, 
 and that the said Gaol be, and it is hereby declared to be deemed and 
 held in all respects upon the same footing as His Majesty's Gaol in 
 the Town of St. George has been and is deemed and held, and that all 
 persons who shall from time to time be liable to be imprisoned, may 
 be committed either to the said Gaol at the Town of Hamilton, or to 
 the Gaol at the Town of St. George, as may be thought proper or con- 
 venient, by the Court or Officer who may commit such person, any 
 thing in any law of these Islands to the contrary in anywise notwith- 
 standing. 
 
 Preamble. 
 
 A'N ACT HelaUng to the Public Roads in these Islands, in addition 
 to the Act entitled " An Act in pa/rt to repeal and amend the 
 Road Act, passed the Seventeenth Day of September, One Thou- 
 sand Eight Hundred and Thirteen." 
 
 [8 August, 1816.] 
 
 Koad Com- 
 misslnners 
 authorised 
 to fix the 
 courses of 
 Cross Roads. 
 
 WHEREAS notwithstanding considerable progress has been made 
 in improving the General Highway, in virtue of the Act entitled 
 " An Acl in part to repeal and to amend the Koad Act, passed the Sev- 
 enteenth day of September, One Thousand Eight Hundred and Thir- 
 teen," and the public has been thereby much accommodated ; it is 
 found that, by reason of the Commissioners of the Public Roads for 
 the respective Districts not having authority, previous to the comple- 
 tion of the widening and repairing of the said General Highway, .to 
 fix and decide on the places where Cross Roads may be necessary, 
 many Tracts of Land, from the uncertainty where such Cross Roads 
 may be ultimately fixed on, have been neglected to be enclosed and 
 otherwise improved : — For remedy as well whereof, as of other incon- 
 veniences, and for the purpose of making further provisions respecting 
 the said Public Roads : 
 
 I. We, your Majesty's most dutiful and loyal subjects, the General 
 Assembly of these your Majesty's Bermuda or Somers' Islands, do most 
 humbly beseech your Majesty, that it may be enacted, and be it enacted, 
 by Tour Majesty's Governor, Council and Assembly, and it is hereby 
 enacted and ordained by the authority of the same, that whether the 
 said General Highway, or any other Public Road mentioned in the said 
 Act above mentioned, be completed or not, the Commissioners appoint- 
 ed, or to be appointed in virtue of the said Act mentioned for the res- 
 pective Districts be, and they are hereby authorised and required within 
 their respective Districts expressed in the said above mentioned Act, 
 to decide and fix upon the places where the Cross Roads contemplated 
 in or by the said Act, shall or ought to be : And that they be author- 
 ized to enter upon, view and examine any Lands whatever, and employ 
 Persons in, and to give all necessary directions for clearing or remov- 
 ing any Trees, Bushes and other obstructions, which they, or a major- 
 ity of them, may think necessary, with a view of ascertaining, fixing 
 
1816.] BERMUDA ACTS. 12& 
 
 and deciding upon the most proper places for such Cross Eoads ; any thaTsuoh 
 thing in the said above mentioned Act to the contrary in any wise S'Zde in' 
 notwithstanding : Provided always, That in the actual making of ^aeT"/ 
 any Cross Road, the same order of time be observed, as is expressed "oie ex- 
 in the said above mentioned Act. . AcTof isis 
 
 II. And be it enacted by the authority aforesaid, that in order to commis- 
 prevent any discouragement to persons who may be desirous of enclos- Jjj^lJ^^^^ 
 ing their Lands bounding upon any of the Longitudinal Eoads, au- trace the 
 thorised by the said Act to be widened and repaired, the said longftadiSai 
 Commissioners of the respective Districts shall be authorised to trace ?equtedby" 
 the course, either wholly or in part, of such Longitudinal Eoads, Owners of 
 whenever required so to do, by any person whose Lands may so fanda!""^ 
 bound on such Longitudinal Eoads, and who may express a desire, to 
 enclose the same previous to the General Highway, or any other of 
 
 the said Longitudinal Eoads being so widened and repaired ; any 
 thing in the said above-mentioned Act to the contrary in any wise • 
 notwithstanding. 
 
 III. And whereas many disappointments have occurred after a peraons 
 jury has been nominated and approved, in virtue of the said above- °°j'°^'^J 
 mentioned Act, by their non-attendance : For remedy whereof, Be it be Jiabio to 
 enacted by the Authority aforesaid. That it is and shall be the duty §uty°™ '^^* 
 of Persons who may be nominated and approved as Jurors, under or 
 
 in virtue of the said Act above-mentioned, to assemble and perform 
 the duty required of them by such Act, if able, or having no reason- 
 able cause of excuse ; and that such Persons as may so serve as 
 Jurors, be allowed the sum of thirteen shillings and four pence per 
 day, each, to be paid out of the Public Treasury, upon the production And to be 
 of a certificate of their having so served, from the Commissioners, or P^'l,,™' "'' 
 a majority of them, for the particular District wherein such service my. 
 was performed ; and in any case of a failure of attendance in any And in de- 
 Person nominated and approved as a Juror aforesaid, that it shall be S*"^"'" 
 
 1 p 1 ■ T /^ • ■ /I 1 -1-1 • • tenaflnce. 
 
 m the power of the said Commissioners of the respective Districts, or commis- 
 a majority of them then assembled, either to associate themselves act"a"jm-^ 
 with such persons who may attend as Jurors, and perform the like pSntUhLia 
 duty with regard to the fixing any Value or Estimate, as the whole *" '"^' 
 number of Jurors, so nominated and approved, would have been 
 competent to perform, had such Jurors all attended ; or to appoint 
 other Persons to join and act with the other Jurors so attending for 
 the purposes aforesaid, as to the said Commissioners, or a majority so 
 assembled, may seem meet ; any thing in the said above-mentioned 
 Act contained to the contrary thereof, in any wise notwithstanding. 
 
 TV. And whereas lest it may happen that any Owner or Proprie- 
 tor of the Lands which may be necessary to be appropriated to the 
 purposes in the said above-mentioned Act expressed, or their repre- 
 sentatives, might refuse, neglect or delay to nominate Jurors approved 
 by the said Commissioners of the respective Districts, for the ascer- SS™^" 
 taining the value of such Lands : Be it therefore enacted by the "^^f^^/^" 
 authority aforesaid. That if any Owner or Proprietor of Lands, or Jurois,tbe 
 their representatives, or the possessors thereof, shall refuse, neglect be entered 
 or delay to nominate Jurors approved by the said Commissioners, vahTedbya 
 according to the intention of the said above-mentioned Act, then such J"ry. 
 
126 
 
 BERMUDA ACTS, 
 
 [1816. 
 
 Cominis- 
 sioners em- 
 powered 
 for seven 
 years to 
 direct re- 
 pairs of 
 Boads and 
 defray the 
 expense out 
 of any 
 monies • 
 
 f 'anted for 
 nblic 
 Boads, 
 
 Penalty on 
 persons cat- 
 ting and in- 
 juring Man- 
 grove and 
 other Trees 
 n^ar Shelly 
 Bay. 
 
 Lands as may, by the Commissioners aforesaid, be deemed necessary 
 for the purposes of any Public Koad, in the said above-mentioned 
 Act or in this Act expressed, shall nevertheless be entered upon and 
 converted to such purposes as though the Yalue of the Land, so 
 necessary as aforesaid, had been duly and regularly ascertained by 
 a Jury ; any thing in the . said above-mentioned Act and this 
 Act contained to the contrary thereof, in any wise notwith- 
 standing. 
 
 V. And whereas the several portions of the aforesaid General 
 Highway already widened and repaired in each District, according 
 to the before-mentioned Act, have become somewhat out of order, 
 and require some trifling repairs which the said Commissioners of the 
 respective Districts, for the want of some provisions in the said before- 
 mentioned Act, are not authorised to have made : Be it therefore 
 enacted by the Authority aforesaid, That the Commissioners of the 
 respective Districts shall, for the space of seven years from the pass- 
 ing of this Act, and no longer, have it in their power to order and 
 direct such repairs to any of the Public Koads in the said before- 
 mentioned Act expressed, as have already been repaired or opened, or 
 may be repaired or opened, in virtue of the said before-mentioned Act, 
 as to the said Commissioners of the respective Districts may seem 
 proper, and to defray the expences thereof out of any Public Monies 
 already granted, or which may hereafter be granted, for the purposes 
 of the Public Roads. 
 
 VI. And whereas it is apprehended, that unless the Mangroves 
 and other Trees, and the Shrubs to the westward of that part of the 
 General Highway or Koad lately made over Shelly-Bay, in Hamilton 
 Parish, are suffered to remain, such part of the said Koad will be ex- 
 posed to the inroads of the Sea : And whereas it is deemed expedient 
 that every precautionary measure be adopted for the preservation of 
 that part of the said Public Koad, or General Highway, and for this 
 purpose it is conceived that much will depend upon the preservation 
 of the aforesaid Mangroves, and other Trees and Shrubs ; at the same 
 time it is just and equitable to afford the Owners or Proprietors 
 thereof a sufficient recompence for being deprived of the same : Be 
 it therefore enacted by the authority aforesaid. That if any White or 
 Free Person, or Person not a Slave, at any time removes, cuts, or in 
 any wise injures any of the said Mangroves, or other Trees or Shrubs 
 which are or may be growing or standing on any part of Shelly Bay 
 aforesaid, to the westward of that part of the General Highway or 
 Road, which leads over or through or adjacent to the said Bay, 
 shall be liable to be proceeded against in His Majesty's Court of Gen- 
 eral Assize for these Islands, by Indictment ; and if found guilty, shall 
 be fined in a sum not less than Five Pounds, besides paying the value 
 of any Mangroves, or other Trees and Shrubs so cut, injured or re- 
 moved ; also all costs of the prosecution, and to be committed to and 
 remain in Prison until the same be paid ; and if a Slave, or Person 
 not free, shall commit a like offence, such Slave shall be liable to be 
 proceeded against in like manner, in the Court aforesaid ; and if found 
 guilty, shall be imprisoned for a time not less than one month, and the 
 Owner or Owners of such Slave shall also, upon the conviction of such 
 Slave summarily by the Court aforesaid, be adjudged to have forfeit- 
 
1816.] BEEMUDAACTS. 127 
 
 ed the sum of Five Pounds, and also to pay all Costs of Prosecution, 
 besides being subjected to the payment of the Value of the Mangroves 
 or other Trees and Shrubs, so cut, injured or removed : And in order 
 that the Owners or Proprietors of the Mangroves, and other Trees 
 and Shrubs aforesaid, may be recompenced as aforesaid, Be it there- 
 fore enacted by the Authority aforesaid, That the Yalue of the said vaiue of 
 Mangroves and other Trees and Shrubs at present standing or grow- to"be ascer^ 
 ing on that part of the aforesaid Bay called Shelly-Bay, to the west- j^fand" 
 ward of the Road or General Highway which leads through, upon, r^^lf *!'JjJj? 
 over or adjacent to the said Bay, shall be ascertained by a Jury of outoVthe'^ 
 Five Freeholders, to be nominated by the Owners or Proprietors of T?™siiiy. 
 such Mangroves and other Trees and Shrubs, and approved of by tlie 
 said Commissioners, or a majority of them, for the District where such 
 Mangroves and other Trees and Shrubs are so growing or standing ; 
 the Estimate of which Yaluation is to be furnished by such Jury to 
 the said Commissioners, to be by them certified as the estimated value 
 of the Mangroves and other Trees and Shrubs so valued or appraised, 
 and to be by the said Commissioners delivered to the Owners or Pro- 
 prietors thereof, or their Representatives, who, upon presenting the 
 same to the Public Treasurer for the time being, shall be entitled to 
 demand and receive the amount out of the Public Treasury. 
 
 VII. Aoid be it further enacted by the authority aforesaid, tliat Fines,iiow 
 all Fines and Forfeitures, incurred under or in virtue of this.Act, shall "'"'"' 
 
 ") 
 
 be to his Majesty, his Heirs and Successors, for and toward supplying 
 the Fund established by an Act entitled " an ^ct for raising a Public 
 Revenue for the support of the Government of these his Majesty's 
 Islands." 
 
 AN ACT authorizing the purchase of a certain place or situation 
 commonly called Saint JohrHs Stll, and also certain lands con- 
 tiguous thereto a/nd for the vesting the sa/me in the Grown to and 
 for the use and residence of the Naval Cormnander in Chief 
 for the time heing upon this Stal/ion. 
 
 [8 August, 1816.] 
 
 "WHEREAS the Legislature, highly sensible of the judicious PicamWe. 
 Choice made by Your Majesty's Government in selecting the Island 
 of Ireland within this Colony for establishing a Naval Dockyard, and 
 being desirous that the Naval Commander in Chief on this Station for 
 the time being may be accommodated with a residence in the vicinity 
 of the said Naval Establishment, the said Legislature deemed it ad- 
 visable to appoint a Committee to view and examine a certain situa- 
 tion called St. John's Hill in Pembroke Parish being in the vicinity 
 of the Said Naval Establishment and authorized the said Committee, 
 if the said situation was found such as may be rendered suitable for 
 the residence of the Naval Commander in Chief for the time being on 
 this Station, to purchase the same, with such land contiguous thereto 
 as may be requisite and to have such additions and improvements 
 made to the premises as may be necessary for the purpose. And 
 whereas the said Committee having found that the said Situation so 
 
128 BERMUDAACTS. [1816. 
 
 as aforesaid called St. John's Hill may be rendered suitable for the de- 
 sired purpose, have, in pursuance of their appointment, purchased the 
 same containing about nine Acres of Henry Gilbert Hunt, John Noble 
 Harvey and Kichard Darrell, Esqrs., for the price or Sum of One 
 thousand Six hundred pounds current money of these Islands, together 
 with a piece of land contiguous thereto of about Eight Acres and two 
 Eoods, of Joseph H. Wood for the price or Sum of Three hundred 
 and forty pounds of like current money, making in the whole the Sum 
 of nineteen hundred and forty pounds, besides agreeing to and with 
 the said Henry Gilbert Hunt, John Noble Harvey and Richard Dar- 
 rell, to pay them the further sum of Six hundred and sixty-six pounds, 
 thirteen shillings and four pence of like current money, for certain 
 repairs, alterations and additions already made and now making to 
 the Mansion House at St. John's Hill aforesaid, by certain workmen 
 employed for that purpose : 
 
 reitain I. We, &c., and be it enacted, &c., that the said lands, situation 
 
 buMingB and place so as aforesaid called St. John's Hill containing about nine 
 oiownfor''^ acres so as aforesaid purchased of the said Henry Gilbert Hunt, John 
 theresi- Noble Harvey and Kichard Darrell, and also the said other piece or 
 ube of the parcel of land contiguous thereto containing about Eight acres and two 
 mander'in" Koods BO as aforesaid purchased of the said Joseph H. Wood and all 
 Chief on this and singular the Messuages, Tenements or Dwelling Houses, Edifices 
 and other iJuildmgs now erected or standing, or which may nereaiter 
 be, erected or standing on the Said respective parcels of land all situate 
 in the Parish of Pembroke aforesaid in these Islands and in the vicin- 
 ity of the said Naval Establishment and their appurtenances, be, and 
 the same is and are hereby absolutely vested in His Majesty, His 
 Heirs and Successors forever, as and» for the residence and use of any 
 Naval Commander in Chief for the time being who may be upon this 
 Station and tcf and for no other use, intent or purpose whatsoever. 
 
 The Public II. And be it, &c., that the Public Treasurer of these Islands for 
 p^y'certain'' the time bciug, be and he is hereby authorized and required to pay 
 ^T mes of° ^°^° *^^ aforesaid Committee the aforesaid sum of Nineteen hundred 
 the Act. and forty pounds and also the farther aforesaid sum of Six hundred 
 and sixty six pounds thirteen shillings and four pence current money 
 aforesaid when the same shall by such Committee or a Majority of 
 them be required to make good the purchase and contract aforesaid 
 made. And that the said Committee or a majority of them or the sur- 
 vivors of them, be and they are hereby authorized and required, to 
 pay over unto the said Henry Gilbert Hunt, John Noble Harvey and 
 Kichard Darrell the said sums of one thousand and six hundred 
 pounds and six hundred and sixty six pounds thirteen shillings and 
 four pence, and the said Joseph H. Wood the said sum of three 
 hundred and forty pounds as the full amount of the aforesaid purchases 
 or considerations agreed for as aforesaid. 
 
 Andaful- HI. And Whcrcas the said Committee have stated that some 
 
 fo"mp"ve- further expenses will become necessary for the painting and otherwise 
 
 ments. improving the said premises so as aforesaid purchased for the purpose 
 
 aforesaid, be it therefore enacted, &c., that the Committee of Public 
 
 Buildings at the Town of Hamilton appointed by the Act entitled 
 
 " An Act for taking up certain lands and for erecting certain Pub- 
 
1816.] BERMUDA ACTS. 129 
 
 lie Buildings thereon for the purpose of Government at the Town 
 of Hamilton, and the appointing certain persons as therein pre- 
 scrihed to carry the aforesaid purposes into effect and to draw a 
 certain sum of Money out of the Public Treasury to defray the 
 expense" — be, and- they are hereby authorized to direct such fur- 
 ther improvements to be made to the said premises purchased as afore- 
 said, so as that the amount or cost of such improvements including 
 the aforesaid several sums herein before specified shall not exceed the 
 sum of Three thousand pounds current money aforesaid, the expense 
 of which painting and improving the said premises the Public Treasu- 
 rer be, and he is hereby authorized and required to pay out of the 
 Public Treasury to the aforesaid Committee of Public Buildings, so as 
 the same inclusive of the respective amounts of purchase aforesaid do 
 not exceed the said sum of Three thousand pounds. 
 
 [See Joint Resolution of Governor, Council and Assembly, of 28th November, 1818, for 
 transferring possession of these Houses and Lands to the Naval Commander in Chief, registered 
 in Book of Laws in the Secretary's Office of that year.] 
 
 AN ACT To prevent the Erection of Wooden Bioildings in the Towns 
 of Mamilton and Saint Oeorge, in these Islands. 
 
 [20 September, 1816.] 
 
 "WHEKEAS by the frequent Erection of Wooden Buildings in Preamble. 
 the respective towns of Hamilton and Saint George, in these Islands, 
 the use of Foreign Articles is not only much encouraged, to the great 
 discouragement of the Native Productions of these Islands, but serious 
 apprehensions are excited that, in the event of a Conflagration hap- 
 pening, the ruin of many Families would ensue : And whereas it is 
 deemed expedient to prevent, in future, the Erection of Wooden 
 Buildings in the said Towns respectively, except for temporary pur- 
 poses : 
 
 I. We, &c., and be it enacted, &c., That it shall be unlawful, from 
 and after the time of this Act being assented to by the Commander Bni°din^s 
 in Chief of these Islands, for any Person or Persons whatsoever, to erected* 
 set up or erect, or cause or procure to be set up or erected, any ^ij^tJ^s^ 
 Wooden House, or other Wooden Building, in the said Towns of except oer- 
 Hamilton or St. George, or either of them, or within what are deemed lerL. 
 the Limits of the said Towns respectively : Provided always, That 
 nothing in this Act be deemed or construed to prohibit the erection of 
 such Galleries as have heretofore been attached to Stone Buildings : 
 Also provided always, and he it hereby enacted. That the Mayors of ,^^^ ^^ ^^^ 
 the said Towns respectively, be, and they are hereby authorised and may author- 
 empowered, to grant leave in writing, to any Person or Persons, car- ary wciod°en 
 rying or preparing to carry on any Stone Building, within either of t^u'^ding'' 
 the said Towns, or the Limits thereof, to erect and continue standing, materials. 
 for such limited time only as to such Mayors respectively may seem 
 proper any Wooden Shed, or Wooden Building, for the purpose of 
 depositing the Materials of any Stone Building, intended to be erected 
 in either of the said Towns. 
 17 
 
130 
 
 BERMUDA ACTS 
 
 [1816. 
 
 Wooden 
 Buildings 
 
 contrary to 
 this Act, to 
 be pnlled 
 down at the 
 expense of 
 the proprie- 
 tors. 
 
 II. And be it, &c., That in case any "Wooden House, or other 
 "Wooden Building, shall be set up, or erected, in either of the said 
 Towns, or the limits thereof, contrary to this Act ; or any Shed shall 
 be standing, after the expiration of the Period of such leave as may 
 be given as aforesaid, for the erection and continawnce of the same, it 
 shall and may be lawful for the Mayor of the Town in which the 
 same is, are or may be, and Tie is hereby required to order or cause 
 the same to be pulled down, and demolished, at the proper Expence 
 and Charges of the Proprietor thereof, to be levied by "Warrant of 
 Distress and Sale of the Offender's Goods and Chattels, as Debts not 
 exceeding Forty Shillings may be levied. 
 
 [Amended by Act of 1852, No. 21.] 
 
 AN ACT for the establishment of a College or School, on the School 
 land in Devonshire Parish, and to repeal the Act entitled " An 
 Act for the establishment of a proper School on the Share of land 
 situate in WarwicTc Parish, in the Islands of Bermuda^'' and for 
 vesting the School lands in Devonshire, Pembroke, and Warwick 
 Parishes in Trustees, for the purpose of the education of Youth. 
 
 [21 September, 1816.] 
 
 Preamble. 
 
 "WHEEEAS nothing can conduce more to the welfare of a coun- 
 try than the Education of its Youth ; And "Whereas there are certain 
 Tracts of land in the Parishes of Pembroke, Devonshire and "Warwick, 
 in these Islands, which appear to have been intended for the establish- 
 ment of Schools for the Instruction of Youth, but the same have hith- 
 erto been but imperfectly made conducible for such their purpose ; 
 And "Whereas certain arrangements have recently been made by or 
 under the authority of the Court of Chancery of these Islands for the 
 erection and establishment of a College or School on the School land 
 in Devonshire Parish aforesaid, by means of Funds derived from the 
 Sale of timber from the said School land last mentioned, and from the 
 leasing of the said School land in Pembroke aforesaid ; And "Whereas 
 the School land in "Warwick aforesaid was, by an Act of the Legisla- 
 ture of these Islands, entitled " An Act for the establishment of a 
 J roper School on the Share of Land situate in Warwick Parish in the 
 slands of Bermuda," vested in Trustees for the purpose of establish- 
 ing a proper School for the Education of Youth ; And "Whereas such 
 object, from various causes, has never been attained, but the said 
 School land last mentioned has remained unemployed for the use 
 aforesaid ; And "Whereas it is conceived that by combining the Funds 
 which have been and may be produced by or from all the School lands 
 hereinbefore mentioned, together with such as may be occasionally 
 derived from the Legislature, and other sources, a sufficient Fund may 
 be established for the support of a College or School, on so extensive 
 a plan as not only to effectuate the objects of the Donors of the School 
 lands aforesaid, but also to produce more general and extensive ad- 
 vantages of education ; And Whereas in furtherance of so desirable an 
 object it is deemed expedient to repeal the Act above mentioned, and 
 to vest the said School land, situate in Warwick aforesaid together 
 with the School lands in Devonshire and Pembroke aforesaid, subject. 
 
1816.] BERMUDA ACTS. 131 
 
 in as far as respects the latter, to any lease or leases thereof made, by 
 or under the authority of the Court of Chancery of these Islands, and 
 also all monies, rents, issues, and pi'ofits, which have arisen or may 
 arise, from all or any of the said lands in Trustees : 
 
 I. We, &c., and be it enacted, &c., that the said Act, entitled g^g™i*ot 
 " An Act for the establishment of a jft-oper School on the Share of of itso, 
 land situate in Warwick Parish in the Islands of Bermuda," be and '^^''°°° 
 the same is hereby repealed. 
 
 *> 
 
 II. And be it further enacted, &c., that the Governor or Com- Trustees for 
 mander-in-Chief for the time being ; the President of the Council for of tfis Acf* 
 the time being ; the Speaker of the House of Assembly for the time (|^§ ^°* °' 
 being, of these Islands, and in case of a dissolution of the Assembly, 
 the person who last acted as Speaker thereof, until the next ensuing 
 Session of Colonial Parliament, then the Speaker of such new Assem- 
 bly, in regular siiccession, as the same may be chosen or appointed ; 
 the Eector of the Parish of Devonshire for the time being ; two Mem- 
 bers of the Legislative Council for the time being, to be chosen by 
 the said Legislative Council while in Session, out of its own Body, 
 and one Member of and for each of the Parishes of these Islands, to 
 be chosen by the House of Assembly, while in Session, out of the 
 number of Members last returned by the respective Nine Parishes in 
 these Islands, to serve in such House of Assembly, be, and shall have 
 full power and authority to act as Trustees of and for all and singular 
 the mtents and purposes mentioned and contemplated in and by this 
 Act, for and during the term of three years, and no longer, unless, at 
 the expiration of the said three years the Legislature be not in Session, 
 in which case the said Trustees shall remain and continue until others 
 can or may be elected in their stead, in manner aforesaid, by the 
 Legislative Council and the House of Assembly respectively : Always 
 provided, that any Trustee, having been elected as aforesaid, be not 
 thereby disqualiiied from being re-elected for the next, or any suc- 
 ceeding term : And also provided, that in case of a vacancy occur- 
 ring by death, resignation, or otherwise, of any Trustee, a new Trustee 
 be elected in his stead, in the manner aforesaid, by the Legislative 
 Council or the House of Assembly, according as the vacancy may take 
 place, of a Trustee, elected from one, or the other of the said 
 Bodies. 
 
 III. And be it, &c., that the Trustees under this Act, shall be Tobea 
 and remain one Body Politic and Corporate, in reality, fact and name, ^^"^^^1,^.° 
 by the name of the Trustees of the Devonshire, Pembroke and War- ate. 
 wick School, in the Islands of Bermuda, and shall have perpetual 
 succession, and as I'espects all matters and things in this Act men- 
 tioned, shall for ever hereafter be personable in Law, and capable to 
 sue and be sued, implead and be impleaded, answer and be answered 
 unto, defend and be defended, in all Courts and places, and in all 
 manner of actions, suits, complaints, pleas, causes, demands, matters, 
 and things whatsoever, and of what nature or kind soever, in as full 
 and -ample manner and form, as any Inhabitant of these Islands, or 
 other Person or Persons being personable and capable in law, can or 
 may sue or be sued, implead or be impleaded, answer or be an- 
 
132 BERMUDAACTS. [1816. 
 
 swered unto, defend or be defended, by any lawful ways or means 
 whatsoever. 
 
 com^on^ IV. And be it, &e., that the Trustees under this Act, shall and 
 
 8e«i. may have and use a Common Seal, with such Device or Devices, as 
 
 they shall think proper, for Sealing all and Singular Deeds, Convey- 
 ances, Contracts, Bonds, Agreements, Assignments and Powers, by 
 them or a Majority of them, entered into or made, or to which they 
 may be a party or parties, of, for or concerning any matter, thing or 
 purpose mentioned in, or intended by this Act, and that they or a 
 majority of them shall also have power, as they may see Cause, to 
 break, change or new make the same, or use any other Common Seal, 
 when and as often as to them or a majority of them, it shall seem fit. 
 
 contracte V. And be it, &c., that all contracts entered into, relative to the 
 
 entlredTnto, said School lands, or to the building of the aforesaid College or School, 
 thorites ' ^i^ereto the Accountant General or any other Officer or Member of 
 the Court the Said Court of Chancery or any other Person or Persons acting in 
 g'cbanoery, j^gj^g^jf^ ^r Under the authority of the said Court of Chancery, is a 
 TOnfl?ij^a P^^'ty, or are parties, shall be taken, deemed and held, to be a Con- 
 tract or contracts entered into with the Trustees under this Act, by 
 the name aforesaid. 
 
 School YI. And be it further enacted, &c., that the said School lands in 
 
 Warwick, Warwick, Pembroke and Devonshire aforesaid, and all Houses, Edi- 
 
 MdDeTOn- fices, Buildiugs, Gardens, Erections, Walls, Inclosures, Wharves, 
 
 Smbe?"* Landings, landing places. Waters, Timbers, Trees, Ways, Paths, Pas- 
 
 vestedinthe sagcs, Oommous, Pasturcs, Feedings, and all and Every other the 
 
 Trastees. Hereditaments thereunto belonging or appertaining and which now 
 
 are, or formerly have been used, occupied, or enjoyed, to or with the 
 
 same respectively, and the Reversion and Reversions, Remainder and 
 
 Remainders thereof and all monies, rents, issues, and profits arising 
 
 from the same, together with all monies and other Funds arising from 
 
 the Sale of Timber, by or tinder the authority of the aforesaid Court 
 
 of Chancery, and other Issues and Profits whatsoever, of and from all, 
 
 or any of the aforesaid School lands, whether vested by, or under the 
 
 authority of the said Court, in Securities or otherwise, be, and the 
 
 same are hereby vested in the Trustees under this Act, for the erecting 
 
 and completing the Building so as aforesaid intended for the said 
 
 College or School, in Devonshire aforesaid, and for maintaining, sup- 
 
 Proviso as Parting and continuing the same in the best manner possible, for the 
 
 toprevi'oiis promotion of the education of Youth, nevertheless it is the intention of 
 
 pimbroke * this Act, and it is hereby enacted, &c., that the said School land in 
 
 Lani'an. Pembroke aforesaid, shall be subject to all Contracts, Leases and In- 
 
 thorizedby cumbrauces heretofore made, sanctioned or authorized by the Court 
 
 the Court . _,, J? • 1 '' 
 
 ofchancery. 01 Chaucery aioresaid. 
 
 Trastees to YII. And be it further enacted, &c., that Uie Trustecs Under this 
 to^t^ke"" Act, or a majority of them, by the name aforesaid, shall have full 
 Leases. power and authority, to demise or let on lease or leases, for any time, 
 not exceeding Ninety Nine Years, for any price or consideration, they 
 may think proper, the said School lands and Hereditaments in War- 
 Exceptof wick and Devonshire aforesaid, or any part of the same; Alwwys 
 HoMeta" provided, and he it further enacted, &c., that there be reserved all 
 
1816.] BEBMUDAACTS. 133 
 
 buildings whicli may be hereafter Erected on the said School land in Devonshire, 
 Devonshire as and for the purpose of a college or School, and also ad- ofthe mn-' 
 joining and most convenient thereto, such portion of the said last illd"™ 
 mentioned School land, as shall constitute at least twenty-five acres, 
 and also that the Trustees under this Act, or a majority of them, do 
 have full power and authority from time to time and at all time here- 
 after, to cut, fell and dispose of any timber and other Trees which 
 may be raised or growing on the said last mentioned School land for 
 the use and purpose before expressed, also aVwm/s provided, and be fo'cufel' 
 it further enacted, &c., that the cutting, felling or disposing of any timber. 
 Timber or Trees, in this clause or Section mentioned, do not in any 
 wise interfere with any Contract or agreement heretofore entered into, 
 under the Sanction, or authority of the aforesaid Court of Chancery, 
 with any Workmen or Contractors for the building or erection of the 
 said College or School, nor with any lease or leases which may here- 
 after be made by the Trustees under this Act, or a majority of them, 
 of, for, or respecting any portion of the said School land in Devon- 
 shire, as aforesaid. 
 
 Vin. And be it, &c., that upon any lease or leases, already made Trustees if 
 or entered into by or under the authority of the aforesaid Court of may renew 
 Chancery, or which hereafter maybe made or entered into, by the_ f^^^^^"^ 
 Trustees under this Act, or a Majority of them, of or for all or any 
 part or parts of any of the aforesaid school lands, in "Warwick, Pem- 
 broke and Devonshire aforesaid, determining or expiring, or any for- 
 feiture or forfeitures of any such lease or leases accruing or happening 
 for any neglect, omission, default, nonfeasance, misfeasance, or other- 
 wise, of or on the part of the lessees thereunder, or his, her, or their 
 representatives, it shall and may be lawful for the Trustees under this 
 Act, or a majority of them, to renew, or make other lease or leases, 
 for such consideration as they may think proper, of all or such part or 
 parts of the said School lands, with the appurtenances, whereof the 
 Lease or Leases shall have so determined or expired, or any forfeiture 
 thereof shall have accrued or happened as aforesaid, to any person or 
 persons. Body Politic or Coi'porate whatsoever, not exceeding the 
 term of Ninety nine Tears. 
 
 IX. And be it, &c., that it shall and may be lawful for the Trus- Trustees 
 tees under this Act, or a majority of them, to nominate and appoint a Tpre^fS, 
 President, and such and so many Professors, Masters and Teachers, &™ffor°the 
 for the said College or School, for the teaching of Languages, Sciences ^"^""^er 
 and other branches of Literature, and also to nominate and appoint a officers. 
 Treasurer and Steward and such other Officer or Officers, as may be 
 requisite for the well conducting and managing the business and affairs 
 
 of the said College or School, with such salary or salaries, or other 
 allowance or allowances, payable out of the Funds appertaining or 
 applying to the said College or School, and the same persons so ap- 
 pointed, and every, ot any or either of them, to displace and remove, 
 and other or others to nominate and appoint in their stead, as they, 
 the Trustees under this Act, or a Majority of them, shall deem 
 expedient. 
 
 X. And be it further enacted, &c., that the Trustees under this ^^J°{j*y°' 
 Act, or a Majority of them, shall have full power and authority to may tram- 
 
134 
 
 BERMUDA ACTS, 
 
 [1816. 
 
 act busi- 
 ness, and 
 make Bye 
 Laws, not 
 repu^ant to 
 Law of the 
 Land. 
 
 Proviso, as 
 to notice of 
 meetings. 
 
 assemble and hold meetings when and as often as they may think 
 proper, and then to do, perform, manage, negociate, and transact all 
 and every business, matter and thing whatsoever, of, for or respecting 
 all or any of the purposes of this Act, as fully and amply to every in- 
 tent and purpose, as if the whole of such Trustees were personally 
 present, also to make such Bye Laws, Ordinances, Orders, rules and 
 regulations, touching or concerning the good Government of the said 
 College or School, as to them may seem fit, Ahoays provided, and be 
 it hereby enacted, that such Bye Laws, Ordinances, Orders, Rules and 
 Kegulations, be not repugnant to the Laws of the Land, and be such 
 as are usual for such an Institution ; and also always provided, and be it 
 hereby enacted, that no meeting whatever of the Trustees under this 
 Act, be held, nor any business whatever be transacted, of, for, or con- 
 cerning the said College or School, or any of its concerns or affairs, or 
 any of the purposes of this Act, unless all the Trustees under this Act, 
 then within these Islands, be previously notified of such meeting. 
 
 Trustees 
 may ex 
 
 XI. And be it, &c., that it shall and may be lawful for the Trustees 
 aminepupiis uudcr this Act, or a Majority of them, during the first week in ISo- 
 annua ly. yember in every Year, after the said College or School shall be estab- 
 lished, to assemble and examine into the progress which the pupils 
 thereof have made in their Studies. 
 
 Members of 
 Assembly 
 for Devon- 
 shire, Pem- 
 broke, and 
 Warwick, 
 from time to 
 time may 
 recommend 
 two poor 
 children of 
 their respec- 
 tive par- 
 ishes, for 
 gratuitous 
 education. 
 
 Proviso, or a 
 larger num- 
 ber, if the 
 funds adnslt 
 of it. 
 
 Trustees 
 may hold 
 lands not 
 exceeding 
 the yearly 
 value of , 
 £3,000, and 
 personal Es- 
 tate, and 
 may dispose 
 thereof. 
 
 XII. And be it, &c., that it shall and may be lawful for the Mem- 
 bers of the House of Assembly for the time being, for the Parishes 
 of Devonshire, Pembroke and Warwick aforesaid, or a majority of 
 them, from time to time, and at all times hereafter respectively, to 
 recommend two poor children of their respective Parishes for each 
 Share of the aforesaid School lands in their respective Parishes, to be 
 educated in a suitable manner in the said College or School, without 
 any payment or compensation whatever being made, on the part of 
 such children, to the President, Masters, Tutors, or any other Ofiicer 
 or Teacher whatsoever, of the said College or School ; Always pro- 
 vided that if the Trustees under this Act, or a Majority of them, shall 
 find that the Funds arising from the aforesaid Establishment may or 
 can educate in the manner aforesaid a greater number of poor child- 
 ren from the said three last mentioned parishes, it shall and may be 
 lawful for such Trustees or a Majority of them, to admit the number 
 of poor children who may be recommended as aforesaid, to be in- 
 creased, so as that such increased number shall bear a due proportion 
 as nearly as may be, to the value of the several Tracts of School 
 lands in the Parishes aforesaid. 
 
 XIII. And be it, &c., that the Trustees under this Act forever 
 hereafter, shall be capable to purchase, take, hold, receive and enjoy 
 any Messuages, Tenements, Houses, Lands, Eents, Issues, Profits, 
 Possessions and other Hereditaments and Real Estate, in fee simple, 
 fee tail, for life or lives, or years, or in any other manner, as any pri- 
 vate person capable in Law, may or can do, so as the same exceeds 
 not, at any one time, the Yearly value of three thousand pounds, 
 current money of these Islands, beyond and above all charges and 
 reprizes, the Statutes of Mortmain or any other Law or Statute to the 
 contrary thereof, in any wise notwithstanding ; and also all monies, 
 goods, chattels and personal effects and things of what nature or 
 
1817.] BERMUDA ACTS. 135 
 
 Kind soever, and the same whether Keal or Personal to give, grant, 
 assign, sell, use or otherwise dispose of, as to the Trustees under this 
 Act or a majority of them, may seem fit, to and for the nse, intent 
 and purposes of this Act. 
 
 XIV. And be it, &c., that all Deeds and other Instruments of Their Deeds 
 Writing, of, for or respecting all, or any part of the Lands, Tenements, vlua-w 
 and Hereditaments mentioned or intended in, or by this Act, and of, or gnder their 
 for all, or any Goods, Chattels, personal and other things, which the S6°aT,"ud 
 Trustees under this Act, or a majority of them, are authorized and tSres??^ 
 empowered to purchase or acquire, demise, let, assign or otherwise ™>Jori'y- 
 dispose of, shall be, and the same are hereby declared to be good, valid 
 and effectual to all intents and purposes whatsoever ; provided always, 
 and be it hereby enacted, &c., that all Deeds and other Instruments 
 for the passing or conveying of any Estate Eeal or Personal, by the 
 Trustees under this Act, be in the name of, and bear the common 
 seal of, such Trustees as a Body Politic or Corporate, and also have 
 thereto the signatures of all the Trustees or a majority of them. 
 
 AN ACT to alter the Terms and Return Days of the Court of Gen- 
 eral Assize of these Islands. 
 
 [26 September, ISl*?.] 
 
 "WHEEEAS by the Act of the Legislature of these Islands, which Pr«ambie, 
 passed on the Twenty-second day of December, in the year of Our 
 Lord One thousand eight hundred and fourteen, for the better and 
 more complete establishment and regulation of the Courts of Judica- 
 ture within these Islands, it is, amongst other things, enacted, that the 
 Court of General Assize sha,ll be holdenin the Town of Hamilton, 
 twice annually ; that is to say, on the first Monday after Easter Mon- 
 day, and the second Monday in October, in every year, and shall con- 
 tinue until the second Saturday following and inclusive, for the trial 
 of Jury Causes, if necessary, but no longer : And whereas it is con- 
 ceived that it would conduce more to the public convenience, that the 
 said Court of General Assize should be holden on the first Monday in 
 May, and the first Monday in November, in every year, instead of 
 being holden on the said days afore-mentioned : 
 
 I. We, &c., and be it enacted, &c., that the said Court of General Assizes to^ 
 Assize shall be holden on the First Monday in May, and the First Mon- on the tot 
 day in November, in every year ; and shall continue until the Second MaymV" 
 Saturday following, and inclusive, for the trial of Jury Causes, if iJi^J^y*' 
 necessary, but no longer ; instead of on the First Monday^after Easter y^JJ;."'*';^'"' 
 Monday, and the Second Monday in October, in every year, as in the days. 
 said herein before-mentioned Act prescribed and appointed. 
 
 Eetui-n 
 
 II. And be it, &c., that the last Monday in March, and the last STa^ged t.. 
 Monday in September, in every year, shall be the respective Eeturn Sn^Mwch''^^ 
 Days of the succeeding Courts or Terms, instead of the second Tues- »"* Septem- 
 day in March, and the second Tuesday in September, in every year. ycar!°^^"'' 
 
136 
 
 BERMUDA ACTS, 
 
 [1818. 
 
 Jurors, De- 
 fendants, 
 and others 
 to appear 
 accordingly. 
 
 Pleadings 
 tiled for the 
 ensuing 
 Term, now 
 to be en- 
 titled. 
 
 III. And be it, &c., that Defendants in any suits now commenced 
 in the Court of General Assize, Jurors, and all who are or may be 
 required by Recognizance, Bail Bonds or Process, or otherwise, to 
 appear at the Sessions-House in the Town of Hamilton, on the second 
 Monday in October in the present year, be, and they are hereby re- 
 quired, notwithstanding the said Recognizances, Bail Bonds, or Pro- 
 cess, to appear on the first Monday in November next, before the said 
 Court ; and all who are required by Bail Bonds or Process, to appear 
 at the said Sessions-House, on the second Tuesday in March next, be, 
 and they are hereby required, notwithstanding the said Bail Bonds, 
 or Process, to appear on the last Monday in March next ; which 
 appearances shall be construed to be a full and legal compliance with 
 the requisitions of the said Recognizances, Bail Bonds or Process. 
 
 IV. And be it, &c., that all Declarations and other Pleadings, 
 which shall be filed for the ensuing Term, shall and may be entitled 
 in the same way as if this Act had never passed. 
 
 AN ACT to exenvpt Persons attached and belonging to the Na/ocd 
 Establishment at Ireland^ from Militia and Parochial Duties. 
 
 [10 January, 1818.] 
 
 Persons at- 
 tacbed to 
 the Naval 
 Establish- 
 ment at Ire- 
 land, and the 
 other Is- 
 lands, ex- 
 empted from 
 Militia and 
 parochial 
 duties. 
 
 WHEREAS it is apprehended that Persons attached and belong- 
 ing to Your Majesty's Naval Establishment at the Island of Ireland, 
 and resident there, or at some one of the Islands dependent thereon 
 and specially used for Your Majesty's Service, may be liable to Pa- 
 rochial and Militia Duties : In order, therefore, that all such Persons 
 may be free and exempt from such duties : 
 
 I. We, &c., and be it enacted, &c., that all Persons attached and 
 belonging to Your Majesty's Naval Establishment at the Island of 
 Ireland, and whose residence or home is at the said Island of 
 Ireland, or at any one of the several Islands dependent thereon, and 
 specially used for Your Majesty's Service, be, and they are hereby 
 declared to be free and exempt from all Militia and Parochial Duties 
 whatsoever. 
 
 AN ACT in fart to alter an Act entitled " An Act for the Establish- 
 ment of a College or School on, the School Land in Devonshire 
 Parish, and to repeal the Act entitled ' An Act for the EstabUsh- 
 msnt of a proper School on the Share of Land situate in Warwick 
 Parish in the Lslands of Bermuda,^ o/nd for vesting the School 
 lands in Devonshire, PemhroTce and Warwick Parishes, in Trus- 
 tees, for the purpose of the education of Youth." 
 
 [25 AprU, 1818.] 
 
 WHEREAS it is in and by the above recited Act, amongst other 
 things enacted, that the Trustees under the Said Act, or a majority of 
 them, shall have full power and authority to demise or let on Lease or 
 
1818-19.] BERMUDA ACTS. 137 
 
 Leases, for any Term not exceeding ninety nine years, for any price 
 or consideration they may think proper, the Schooif lands and heredit- 
 aments in Warwick and Devonshire Parishes, or any jDart of the same. 
 And whereas it is deemed more advisable to sell and dispose of the 
 said School land in "Warwick Parish in fee simple : 
 
 I. "We, &c., and be it enacted, &c., that the said Ti'ustees appoint- Trustees 
 ed under or by virtue of the said above recited Act, or a majority of ^^^°{^^^^ 
 them be, and they are hereby authorized to sell or dispose of the said Warwick 
 School Land in "Warwick Parish, in fee simple, either in lots or other- Land" 
 wise as to them may seem fit. 
 
 A'N ACT relating to the adjournment of the Court of General Assize. 
 
 [2 November, 1818.] 
 
 "WHEEEAS doubts may be entertained whether the Judge or Preamble. 
 Judges of the Court of General Assize can adjourn the Session of the 
 said Court for the trial of Jury causes : And Whereas a necessity has 
 arisen and may again arise for such adjournment, in order therefore to 
 remove or prevent such doubts : 
 
 Judge or 
 
 I. We, &c., and be it enacted, &c., that it is, and it is hereby de- the^ffourt 
 clared to be lawful for the Judge or Judges of the said Court of AaS™maV 
 General Assize to adiourn the Session of the said Court, for the trial of adjourn the 
 Jury Causes, when and as often as he or they shall find it necessary; Jury causes, 
 provided however, that such adjournment do not exceed a fortnight at ^?y°forno\ 
 any one time. And provided further and it is hereby further declared, f^.tntght^^ 
 that nothing in this Act contained, extend or be construed to extend anyone 
 
 to make any alteration in the duration of snch session, as far as respects p™viso. 
 the number of days of sitting for the trial of Jury Causes, after the 
 comrnencement thereof, according to any adjournment as aforesaid. ^"f^y^ 
 
 II. And be it, &c., that in case there be any parish or parishes in be issued for 
 which Jurors have not already been duly elected for the Term of j^ors'in 
 November in this present Year, that then and in such case new Writs ?n^K'' 
 of Yenire Facias shall issue for the choosing such Jurors for such aeybave 
 
 , -, , 1 ^ not been 
 
 parish or parishes. already 
 
 '■ '■ elected f( 
 
 elected for 
 November, 
 1818. 
 
 AN" ACT relating to certain lands in Warwich Pa/rish commonly 
 called the School Lands, and for authorizing a certain sum to he 
 raised hy assessments in the said Parish for the purposes of 
 erecting a suitable School on the said Land. 
 
 [30 March, 1819.] 
 
 WHEEEAS the Act entitled "An Act in part to alter An Act ^^.^^^^^^ 
 entitled ' An Act for the establishment of a College or School on the 
 School land in Devonshire Parish, and to repeal the Act entitled ' An 
 Act for the establishment of a proper School on the share of land 
 18 
 
138 
 
 BERMUDA ACTS, 
 
 [1819. 
 
 Upon pay- 
 ment of 
 £300 to the 
 School 
 Tmstees, 
 the School 
 Land in 
 "Warwick 
 Parish to he 
 Tested in 
 the Vestry 
 of that par- 
 ish for the 
 purpose of 
 a School. 
 
 situate in Warwick Parish in the Islands of Bermuda,' and for vesting 
 the School lands in Devonshire, Pembroke and "Warwick Parishes in 
 Trustees, for the purpose of the education of Youth," authorizes the 
 Trustees under tbe said Act entitled "An Act for the establishment of 
 • a College or School on the School land in Devonshire Parish, and to 
 repeal the Act entitled ' An Act for the establishment of a proper 
 school on the share of land situate in Warwick Parish in the Islands 
 of Bermuda,' and for vesting the School lands in Devonshire, Pem- 
 broke, and Warwick Parishes in Trustees for the purpose of the edu- 
 cation of Touth," or a majority of such Tmstees to sell or dispose 
 of in fee simple the said lands, so commonly called and known by the 
 name of the School land in Warwick Parish, either in lots or otherwise 
 as to them may seem fit. And Whereas the sum of Three himdred 
 pounds current money has lately been offered by, or on behalf of the 
 said Parish of Warwick or the Parishioners thereof, for the absolute 
 purchase of the said School lands in Warwick Parish aforesaid, for tbe 
 purpose of erecting and supporting a school thereon for the education 
 of Youth, provided that the Legislature would enact as is hereinafter 
 enacted. And Whereas the said three hundred pounds so offered 
 exceeds any sum which has as yet been offered, and it is deemed expe- 
 dient as well for the said College or School established or about to be 
 established in Devonshire Parish aforesaid, as also for the said Parish 
 of Warwick to accede to the laudable proposals or Terms so offered 
 on the part or behalf of the said Parish of Warwick or the parishioners 
 thereof: 
 
 I. We, &c., and be it enacted, &c., that upon the payment of 
 the before mentioned sum of three hundred pounds, so offered as 
 aforesaid, to the Trustees for the time being appointed or to be ap- 
 pointed under or in virtue of the before mentioned Act entitled " An 
 Act for the establishment of a College or School on the School Land 
 in Devonshire Parish, and to repeal the Act entitled ' An Act for 
 the establishment of a proper School on the Share of land situate in 
 Warwick Parish in the Island of Bermuda,' and for vesting the School 
 lands in Devonshire Pembroke and Warwick Parishes, in Trustees 
 for the purpose of the education of Youth," or to a majority of such 
 Trustees (which sum they the said Trustees, or a majority of them, 
 are hereby authorized to receive) the said School lands in Warwick 
 parish aforesaid and all and singular its appurtenances shall be and 
 the same are hereby intended and declared to be forever thereafter 
 vested in the persons composing the Vestry for the time being of the 
 said Parish of Warwick, and in case there shall be at any time or 
 times no Vestry by means of any having gone out of oflice or their 
 term of service having expired, or any-how otherwise, before any suc- 
 ceeding appointment of a Vestry shall have taken or may take place, 
 then in such persons as may have last gone out of Office, and the 
 Survivors of them and the lleirs of the last Survivor, until others 
 may be appointed to succeed them, and then in such succeeding Ves- 
 try or Vestries, as the same may from to time to time be elected or 
 chosen by the Parishioners of the said Parish of Warwick to and for 
 the sole use and purpose of erecting, supporting and maintaining a 
 school on the said School land in Warwick Parish aforesaid for the 
 reception and education of such number of Youths as may be suita- 
 ble or proper, and upon such terms and conditions as to such Vestry 
 
1819.] BERMUDA ACTS. 139 
 
 for the time being, or a maiority of them or of those acting or who 
 may act for or instead of a Vestry as aforesaid while there may be no 
 Vestry, and the Heirs of the last Survivor, shall or may think fit or 
 proper, Such Vestry for the time being, and if none then the per- 
 sons who last acted as a Vestry, or the Survivors of them and the 
 Heirs of the last Survivor until another Vestry shall be elected or 
 chosen, and when such other succeeding Vestry shall be elected or 
 chosen, then such Vestry and every succeeding Vestry for the time 
 being, shall in respect of and concerning the said school lands in 
 Warwick Parish aforesaid, and of any school or schools erected or to 
 be erected thereon, and of all matters and things incident thereto, or 
 in any wise connected therewith, shall have and exercise the like 
 powers and aiithoi-ities and be personable in law and capable to sue 
 and be sued, implead and be impleaded, answer and be answered 
 unto, defend and be defended in all courts and places, and in all 
 manner of actions, suits, complaints, pleas, causes, demands, matters 
 and things whatsoever, and of what nature or kind soever, in as full 
 and ample manner and form to all intents and purposes as any Inhab- 
 itant of these Islands, or other Person or Persons being personable 
 and capable in law, can or may sue or be sued, implead or be implead- 
 ed, answer or be answered unto, defend or be defended by any lawful 
 ways or means whatsoever to and for the intents uses and purposes of 
 this Act. 
 
 n. And be it, &c., that for the purpose of providing means for ^f'^^Irwiok 
 the erection of a suitable School House on the said School land in Parish au- 
 Warwick parish aforesaid (the present house thereon being in a ruin- raiseltso" 
 
 ous State) the Vestry of Warwick Parish aforesaid, for the time being ^^^tj^ 
 or a majority of them, or such persons as are or maybe authorized by three years, 
 law to make parish rates or assessments therein, be and they are erection of a 
 hereby authorized and required to raise any Sum of money not exceed- ^^°°l 
 ing Two hundred and fifty pounds by any Kates or assessments, solely 
 applying to the said Parish of Warwick, in like manner as any other 
 assessment in and for the said Parish is liable to be made, and to 
 appropriate and Convert such Sum or proportion thereof as may be 
 so raised, to the erection of such suitable School House as aforesaid. 
 Provided always, and it is hereby enacted, &c., that the said Sum of 
 Two hundred and fifty pounds or such proportion thereof as may be 
 so necessary to be raised for the purpose aforesaid, be so rated and 
 assessed for in three equal Sums or amounts in each Tear not exceed- 
 ing three Years in number. 
 
 III. And be it, &c., that as soon as the aforesaid Sum of Three when the 
 hundred pounds shall be received by the said Trustees for the time be received 
 being, of and for the said College or School in Devonshire Parish ^^n^tes, it 
 aforesaid, or a maiority of them, the same shall be applied and appro- shaiibeap- 
 
 .-,' r. '' ' ' -ji? -i ^■^- -"^f- propnated 
 
 priated as may be necessary or required for mamtammg supportmg for the 
 and promoting the Education of Youth at such College or School in ^f*yonth-at 
 Devonshire Parish aforesaid, in like manner as any other Funds be- sUrfSJi 
 longing to such College or School, may can or ought to be applied or 
 appropriated, any thing in this or any other Act contained to the 
 contrary thereof in any wise notwithstanding. 
 
 IV. And be it, &c., that if at the expiration of six months from b^not^^^a 
 and after the passing of this Act the said Sum of three hundred to the 
 
140 
 
 BERMUDA ACTS, 
 
 [1819. 
 
 Trustees 
 ■within six 
 months, — 
 this Act is 
 to cease. 
 
 Any instru- 
 ment in 
 writing 
 signed by 
 the Trustees 
 or a majority 
 of them, ex- 
 pressing the 
 purchase 
 and pay- 
 ment of the 
 £300, or any 
 Copy of any 
 Record 
 thereof in 
 the Secre- 
 tary's of- 
 fice, to be 
 deemed a 
 sutiicient 
 conveyance 
 of the War- 
 wiclt School 
 Land. 
 
 pounds so offered for the said land so as aforesaid commonly called 
 the School land in Warwick parish aforesaid, shall not have been paid 
 to the said Trustees for the time being of or for the said College or 
 School in Devonshire parish aforesaid, or a majority of them,_that 
 then this Act and every clause matter and thing herein contained, 
 shall cease and be void and of no force or effect whatever. 
 
 Y. And be it, &c., that any Eelease Eeceipt, or other Instru- 
 ment of "Writing whatsoever which may or shall be signed and delivered 
 by the aforesaid Trustees for the time being of or for the said College 
 or School in Devonshire parish aforesaid, or a majority of them, ex- 
 pressing the Sale of the said School land to, or the purchase thereof 
 by, or on the part of the said parish of Warwick or its Parishioners, 
 and also the payment of the said Sum of three hundred pounds so as 
 aforesaid offered to be made therefor, or any Copy of an Entry or 
 Record thereof, in the Secretary's Office of these Islands, is and shall 
 be deemed and Considered in all Courts whatsoever and otherwise, as 
 a good, sufficient and absolute conveyance of and for the said School 
 land in Warwick parish aforesaid with the appurtenances, to and for 
 all and Singular the uses and purposes expressed and intended in and 
 by this Act. 
 
 AN ACT Jvavtig the Rates of Fees. 
 
 [3 AprU, 1819.] 
 
 Preamble. 
 
 Fees and 
 Emolu- 
 uieDts to be 
 talten for 
 specified 
 services. 
 
 Fees re- 
 ceived by 
 the Public 
 Secretary 
 for sole use 
 of the Gov- 
 ernor. 
 
 WHEEEAS such of the Fees established by Law, as are inde- 
 pendent of, or do not relate to Fees payable at the Secretary's Office, 
 for any Documents or other Papers granted for, relative to, or in any- 
 wise connected with the entering, clearing or reporting of Vessels, 
 and with the crews and passengers thereof; and also as do not relate 
 to any Fees payable to any Officer of His Majesty's Customs, and 
 also the Naval Officer for the time being, for'or respecting any Ship- 
 ping or Navigation, require, from a change of circumstances, to be 
 altered ; and in lieu thereof, for others to be adopted or established by 
 Law: 
 
 I. We, &c., and be it enacted, &c., That from and after the pass- 
 ing of this Act, the following Fees and Emoluments, as they shall or 
 may respectively accrue for the services hereinafter enumerated, and 
 no other whatsoever, shall or may be required, demanded, taken or 
 received, at or by the several Courts, Public Offices, Officers, and 
 Persons hereinafter mentioned or meant, Viz : 
 
 To the Public Seceetaet for the time being, to and for the sole use of 
 the GovERNOE or CoMMANDEK-m-CHiEF for the time being : — 
 
 For Letters of Administration, Eighteen Shillings. 
 
 For Warrant of Appraisement of a Deceased Person's Personal Es- 
 tate, Ten Shillings. 
 
 For Bond on Letters of Administration being granted, Five Shillings 
 and Four-pence. 
 
1819.] BERMUDA ACTS. 141 
 
 For Probate of Inventory of a Deceased Person's Personal Estate, Ten 
 Shillings. 
 
 For Probate of Appraisement of a Deceased Person's Personal Estate, 
 "^ Ten Shillings. 
 
 For a Writ of Citation as Ordinary tinder Seal at Arms, Six Shillings 
 and Eight-pence. 
 
 For Probate of a "Will under Seal at Arms, Ten Shillings. 
 
 For a Grant of Crown Lands under the Great Seal, One Pound Six 
 Shillings and Eight-pence. * 
 
 For a Commission under the Great Seal, to which any Salary of One 
 Hundred Pounds or Upwards is annexed, Three Pounds ; and if 
 under One Hundred Pounds apd over Fifty, Two Pounds ; and 
 if under Fifty Pounds, One Pound. 
 
 For any Protest of a Bill of Exchange, under Public Seal, made be- 
 fore the Governor or Commander-in-Chief, One Pound and Eight 
 Pence. 
 
 For any Sea Protest under Great Seal, of one or two Persons, made 
 before the Governor or Commander-in-Chief, One Pound and 
 Four Shillings ; and all above two. Three Shillings and Four- 
 pence each, in addition. 
 
 For any Warrant which may be necessary to be given to His Maj- 
 esty's Customs, Ten Shillings. 
 
 For any Warrant to Survey Lands, Eight Shillings. 
 
 For any other Warrant necessarily granted at the Secretary's Office, 
 and not herein before enumerated. Eight Shillings. 
 
 For any Licence which may be granted on application, Twenty Shil- 
 lings. 
 
 For any Affidavit made before the Governor or Commander-in-Chief, 
 in any matter not herein before specified, if made by one Person, 
 Ten Shillings ; and if by more than one Person, then Three Shil- 
 lings and Four-pence more for each additional Person or Depo- 
 nent. 
 
 For the Great Seal, when necessary or required to any Letter of At- 
 torney, or other private instrument or paper not herein before 
 provided for, Eighteen Shillings ; and if any Certificate of the 
 Governor or Commander-in-Chief, accompanies the same, then 
 Six Shillings and Eight-pence therefor. 
 
 To the Public Seoketaet for the time being, to and for his own paWicScc- 
 use:- ^tZ- 
 
 For Notification of an application for Letters of Administration, One 
 Shilling and Four-pence. 
 
 For Letters of Administration, and recording the same. Twenty 
 Shillings. 
 
 For usual Bond taken on Letters of Administration being granted, 
 Five Shillings and Four-pence. 
 
 For a Warrant of Appraisement of a Deceased Person's Personal 
 
 Estate, and recording the same. Six Shillings and Eight-pence. ^ 
 
 For an Inventory of a Deceased Person's Personal Estate, attestation 
 thereto, and recording the Same, Sixteen Shillings and Eight- 
 pence. 
 
 For Appraisement of a Deceased Person's Personal Estate and Attesta- 
 tion thereto, and recording the same. Ten Shillings. 
 
142 BERMUDA ACTS. [1819. 
 
 For drawing Probate or Attestation to a "Will, Five Shillings and 
 Four-pence. 
 
 For a Citation from tte Gorernor as Ordinary, and recording the 
 same. Sixteen Shillings. 
 
 On a Grant of Crown Lands under the Great Seal, and recording the 
 same, which it shall be the duty of the Secretary to do, One 
 Pound Thirteen Shillings and Four-pence. 
 
 For Kecording, which it shall be the duty of the Public Secretary to 
 do, all last "Wills which may be proved, with the Probates thereof. 
 Inventories of Deceased Person's Personal Estates, "Warrants of 
 Appraisements, and Attestations of A^raisers thereto, at the 
 rate of One Shilling for everf hundred words ; and when figures 
 occur, five are to be considered equal to a word ; the expense of 
 such recording is only to be charged for in matters not herein 
 before provided for, or where recording is not mentioned.- 
 
 On a Commission under Great Seal, to which any Salary of One 
 Hundred Pounds per annum or upwards is attached, Three 
 Pounds. 
 
 On a Commission under Great Seal, to which any Salary over Fifty 
 Pounds, and under One Hundred Pounds, is attached. Two 
 Pounds. 
 
 On a Commission under Great Seal, to which any Salary of Fifty 
 Pounds, or under, per annum, is attached. Fifteen Shillings and 
 Four-pence. 
 
 On any Protest of a Bill of Exchange under Great Seal, and recording, 
 Fifteen Shillings and Four-pence. 
 
 On Magistrates', or other Commissions under Great Seal, Fifteen Shil- 
 lings and Four-pence each, to be paid for by the Public. 
 
 On any "Warrant of the Governor or Commander-in-Chief for the time 
 being, to His Majesty's Customs, Ten Shillings. 
 
 On any Licence of the Governor or Commander-in-Chief for the time 
 being, Ten Shillings. 
 
 On any "Warrant of the Governor or Commander-in-Chief for the time 
 being, for the Survey of Lands, Two Shillings and Eight-pence. 
 
 On any other "Warrant necessary to be granted by the Governor or 
 Commander-in-Chief for the time being, not before specified. 
 Eight Shillings. 
 
 For any Subpcena, or any other Process out of Chancery, and record- 
 ing, Fifteen Shillings and Foiir-pence. 
 
 For Great Seal to any Decree or Exemplification of the Court of 
 Chancery, Twelve Shillings. 
 
 For drawing any Attestation in nature of a return to any "Warrant of 
 the Governor or Commander-in-Chief, Five Shillings and Four- 
 pence. 
 
 For afiixing Great Seal, when necessary or required, to any Letter of 
 Attorney or other private Instrument or paper, not herein before 
 provided for. Twelve Shillings. 
 
 For Letter of Guardianship under Great Seal and recording. One 
 Pound Ten Shillings and Eight-pence. 
 
 On any Proclamation of the Governor or Commander-in-Chief for the 
 time being, inclusive of Recording, Sixteen Shillings and Eight- 
 pence. 
 
 On every Writ of the Governor or Commander-in-Chief for the time 
 
1819.] BERMUDA ACTS. 143 
 
 being, for choosing Eepresentatives to serve in the House of As- 
 sembly, Sixteen Shillings and Eight-pence. 
 
 For recording heads of a Mortgage if drawn by the Public Secretary 
 at the office, Five Shillings and Four-pence ; and if the draft is 
 furnished by a Party, Two Shillings and Eight-pence. 
 
 For noting a Sea Protest if not perfected, One Pound and Four Shil- 
 lings. 
 
 For perfecting a Sea Protest under Great Seal, if drawn at the Office, 
 and recording the same, Forty Shillings; if long and special, 
 Ten Shillings more ; but if the draft or copy thereof is furnished 
 by the parties thereto, then to be allowed Twelve Shillings for 
 the Great Seal, and One Shilling for recording every Hundred 
 Words, and when figures occur, five are to be equal to a word. 
 
 For Great Seal and Attestation or Certificate to copies of the Minutes 
 of the Council and Assembly for the present or any succeeding 
 Session, when necessary to be sent to His Majesty's Government 
 in England, Eighteen Shillings and Eight-pence. 
 
 For Office Copies under the Great Seal, with Attestation or Certificate 
 of each Act of the Legislature passed during the present or any 
 future Session, when necessary to be transmitted to His Majesty's 
 Government in England, One Pound and Fifteen Shillings. 
 
 For recording any Instrument of Writing or Paper other than those 
 before directed or intended to be recorded ; and also for copies of 
 any record or other writing, at the rate of One Shilling for every 
 hundred words, and when figures occur, five to be considered 
 equal to a word. 
 
 For entry of an Action, One Shilling and Eight-pence. 
 
 For an Action withdrawn or discontinued, Eight-pence. 
 
 For filing any Process, Pleading, or other Paper, One Shilling. 
 
 For underwriting any Person as prescribed by Law, One Shilling and 
 Eight-pence. 
 
 For affixing any Caveat in the Office, One Shilling and Eight-pence. 
 
 For examination of any Eecords, or other Papers in the Office, which 
 is to be freely granted during Office Hours, with proper accom- 
 modation of Table and Seat, when required by any person for 
 any number of examinations in the same day. One Shilling and 
 Three-pence; such Records or Papers to be handed upon ap- 
 plication, by the Secretary or his Deputy, to the Person wishing 
 the examination. 
 
 To THE COUET OF Chanceet : 
 
 For hearing every argument founded on any special motion. Thirteen court of 
 Shillings and Four-pence. Feer""'^" 
 
 For every Order of Court not on merits founded on any motion not 
 hereinafter mentioned. Ten Shillings. 
 
 For every exhibit which may be filed in a Cause, One Shilling. 
 
 For hearing any contested Case upon the merits. Four Pounds. 
 
 For hearing any Case not Defended, One Pound Six Shillings and 
 Eight-pence. 
 
 For receiving and heai-ing a Petition of an Executor or Administrator 
 to sell Real Estate of a Testator or Intestate in case of an insuf- 
 ficiency of Personal Assets to satisfy Creditors and decretal order 
 of Court thereon, Seven Pounds Thirteen Shillings and Four- 
 
144 
 
 BERMUDA ACTS. 
 
 [1819. 
 
 To the Gov- 
 ernor as 
 Chancellor. 
 
 To Masters 
 in Chancery. 
 
 pence, inclusive of Three Pounds and Eight Shillings to the Gov- 
 ernor or Commander-in-Chief for signing such order, and his 
 proportion of Fee for Public Seal thereto. 
 
 For the Governor or Commander:in-Chief signing any final Decree or 
 Exemplification in a Caufee, Two Pounds and Ten Shillings, and 
 for a proportion of Expence of Great Seal thereto. 
 
 For any Appeal which may be brought from a Decree or Decision of 
 the Court, Two Pounds Thirteen Shillings and Four-pence. 
 
 To such of the Members of the Court of Chancery as may act or 
 perform the duty of Masters for the time being : 
 
 For every Summons necessary. Five Shillings? 
 
 For every Oath administered by them. Five Shillings and Four- 
 pence. 
 
 For every exhibit received and signed by them, One Shilling. 
 
 For every examination taken by them on special Interrogatories, either 
 direct or cross. Sixteen Shillings and Eight-pence. 
 
 For every Report or Certificate on any matter referred to them, the 
 taxing of Costs excepted, One Pound Six Shillings and Eight- 
 pence. 
 
 For taxing any bill of Costs referred to them. Six Shillings and Eight- 
 pence. 
 
 Chancer''" "^^ ^^^ Registrar of the Court of Chancery for the time being: 
 
 For attending Court when any special motion is made in a Cause, Six 
 Shillings and Eight-pence. 
 
 For entering every motion, Two Shillings and Eight-pence. 
 
 For attending Court when any argument is had on any special motion 
 different from the day when such motion was made, Six Shillings 
 and Eight pence. 
 
 For filing every exhibit or other Paper, One Shilling. 
 
 For attending Court when a Cause is heard on the merits, Thirteen 
 Shillings and Four-pence. 
 
 For drawing a Decretal Order for a Sale of Eeal Estate, founded on 
 a Petition of an Executor or Administrator in- case of an insuffi- 
 ciency of Personal Assets of a Testator or Intestate to satisfy 
 Creditors and for a copy thereof, under Great Seal, Twenty 
 Shillings. 
 
 On entering every Order or Decision of the Court, except a final De- 
 cree, Three Shillings and Four-pence. 
 
 On every final Decree of the Court, Ten Shillings. 
 
 For enrolling a Decree, Twenty Shillings. 
 
 On any Appeal which may be brought from any Decree or Decision 
 of the Court, Sixteen Shillings and Eight-pence. 
 
 On the Taxation of a Bill of Costs, Three Shillings and Four-pence. 
 
 For every day's attendance, when Court is sitting, to be paid by the 
 Public, Twenty Shillings. 
 
 For Copies of any Proceedings of the Court, or other Papers, at the 
 rate of One Shilling for every Hundred "Words ; and when Fig- 
 ures occur, five to be considered equal to a word. 
 
 Court of 
 Errors- 
 Tees. 
 
 To THE COTJET OF EeEOES : 
 
 For a "Writ of Error, Ten Shillings. 
 
 On every Assignment of Errors, Eight Shillings. 
 
1819.] BERMUDA ACTS. 145 
 
 On every Plea, Replication, Demurrer, or other Pleading, to Assign- 
 ment of Errors, Six Shillings and Eight-pence. 
 
 On every special motion made, or motion not of course. Ten Shillings ; 
 hearing any Argument thereon, if on both sides, Thirteen Shil- 
 lings and Four-pence. 
 
 On any motion of course. Three Shillings and Four-pence. 
 
 On final hearing of Error, or no Error, Three Pounds. 
 
 For Judgment on the main question of Error or no Error, One Pound 
 Six Shillings and Eight-pence. 
 
 For every Order in a Cause, Ten Shillings. 
 
 For every Aifidavit to be made in a Cause, Eight Shillings. 
 
 On an Appeal from the Judgment of such Court, and taking Security, 
 One Pound, Six Shillings and Eight-pence. 
 
 On Taxation of Costs, Three Shillings and Four-pence. 
 
 For every Probate or Certificate to Proceedings or other Papers, Thir- 
 teen Shillings and Four-pence. 
 
 To the Clerk for the time being of the Court of Errors : ^^if^' 
 
 On every Writ of Error, Two Shillings and Eight-pence. 
 On every Assignment of Errors, Two Shillings. 
 
 On every Plea, Replication, Demurrer, or other Pleading, Two Shil- 
 lings. 
 On every motion, Two Shillings and Eight-pence. 
 On every Argument on any Special motion or motion not of course. 
 
 Six Shillings and Eight-pence. 
 For entering every final Judgment on the main question of Error or 
 
 no Error, Six Shillings and Eight-pence. 
 For every Appeal from the Sentence of the Court and attendance, 
 
 when necessary Security is given. Six Shillings and Eight-pence. 
 On every Taxation or Bill of Costs, Three Shillings and Four-pence. 
 For Copies of any Proceedings and other Papers required, at the rate 
 
 of One Shilling for every Hundred Words ; and when Figures 
 
 occur, five to be considered equal to a word. 
 For entering every Order in a Cause, One Shilling and Four-pence. 
 For every Affidavit made in a Cause, Two Shillings. 
 For every days Attendance while Court is sitting, to be paid for by 
 
 the Public, Twenty Shillings per day. 
 
 To the Judge or Judges for the time being of the Court of Greneral ,^^ ^^^ 
 
 Assize : Judge or_ 
 
 For hearing any Civil Cause throughout, if contested, Twenty Shil- 
 lings. 
 
 For hearing throughout any Civil Cause upon Default or not con- 
 tested, Ten Shillings. 
 
 For every Judgment which is confessed at Chambers, Thirteen Shil- 
 lings and Four-pence. 
 
 On every Judgment after Verdict, or upon Default in a Civil Cause, 
 Five Shillings and Four-pence. 
 
 For every Indictment found by the Grand Jury, when confessed by 
 the Defendant, Ten Shillings. 
 
 On every Indictment traversed or contested. Fifteen Shillings. 
 
 For every Recognisance taken before the Judge or Judges, Three 
 Shillings and Four-pence. 
 19 
 
 Judges of 
 the Court of 
 Asisize. 
 
146 BERMUDA ACTS. [1819. 
 
 For each Witness sworn in a Cause, One Shilling and Eight-pence. 
 
 For every Writ of Contempt, Mandamus, Habeas Corpus, or other 
 Special Writ, Five Shillings and Four-pence. 
 
 For every Dedimus Potestatem to examine Witnesses, Six Shillings 
 and Eight-pence. 
 
 For every Commission or Dedimus, to obtain Confession, of one or 
 more Femmes Coverts to a Deed, or other Instrument to be 
 deemed sufficient, if under Private Seal, Six Shillings and Eight- 
 pence. 
 
 For taking the Personal Confessions of one or more Femmes Coverts, 
 Parties to one Deed or other Instrument, if they attend together 
 for the purpose. Six Shillings and Eight-pence ; but if at separate 
 times, then Five Shillings and Four-pence for each. 
 
 For every extra-judicial Affidavit taken, or Instrument, proved before 
 such Judge or Judges, Six Shillings and Eight-pence. 
 
 On every common Recovery suffered inclusive of all necessary Writs 
 and Signatures, One Pound and Twelve Shillings. 
 
 For exemplification of any Record or Proceedings of the Court, and 
 Signing Testimonial thereof, Ten Shillings. 
 
 For every Summons at Chambers, Two Shillings and Eight-pence. 
 
 For every^Eule at Chambers, Three Shillings and Four-pence. 
 
 For every Order or Rule of Court, other than Rule of Reference, One 
 Shilling and Four-pence. 
 
 On every motion in Arrest of Judgment, or for a new Trial, Five Shil- 
 lings and Four-pence. i 
 
 For hearing Argument on a Special Verdict, or Case reserved, Ten 
 Shillings. 
 
 For every Verdict Recorded, Two Shillings. 
 
 For an Action discontinued, or withdrawn, one Shilling and Four- 
 pence. 
 
 For a Prohibition granted, Ten Shillings. 
 
 For admission of a Guardian to Prosecute or Defend a Cause for a 
 Minor, Three Shillings and Four-pence. 
 
 For allowance of a Writ of Error, Five Shillings and Four-pence. 
 
 For returning a Writ of Error, and signing transcript of Record, Thir- 
 teen Shillings and Four-pence. 
 
 For Taxing, Approving and Signing Taxation of a Bill of Costs, Two 
 SMllings and Eight-pence. 
 
 For every Mittimus, Three Shillings and Four -pence. 
 
 For every Warrant, Three Shillings and Four-pence. 
 
 For taking every affidavit in Writing, Two Shillings and Eight-pence. 
 
 For allowance of a Writ of Audita Querela, and hearing thereon. Ten 
 Shillings. 
 
 For return of a Certiorari, Three Shillings and Four-pence. 
 
 For every Appeal to the Court of Assize, from an order or adjudica- 
 tion of any Justice or Justices of the Peace, or inferior Courts, 
 and hearing thereon. Twenty Shillings. 
 
 For every reference by consent of Parties under Rule of Court, Five 
 Shillings and Four-pence. 
 
 For Judgment or Admission of an Award of Arbitrators upon a Cause 
 referred to them. Five Shillings and Four-pence. 
 
 For taking Examination of any Witness in Writing on Interrogatories 
 direct or cross at Chambers, inclusive of swearing each, Eight 
 Shillings. 
 
1819.] BERMUDA ACTS. 147 
 
 To tlie Prothonota/ry or Clerh for the time being of the Couet of to the Pro- 
 Geneeal Assize : thonotary of 
 
 the Court of 
 
 For Attendance in any Cause contested, Eight Shillings. 
 
 For Attendance in any Cause, if by default or not contested, Three 
 Shillings and Four-pence. 
 
 For each Confession of a Judgment, Thirteen Shillings and Four- 
 pence. 
 
 For each "Witness Sworn in a Cause, Two Shillings and Eight-pence. 
 
 On each Kecognisance entered into, not hereinafter specified. Two 
 Shillings and Eight-pence. 
 
 On a Jury Sworn in a Cause, Two Shillings and Eight-pence. 
 
 On a "Writ of Capias or Scire Facias, Six Shillings and Eight-pence. 
 
 On a Subpoena for a "Witness or Witnesses, Six Shillings and Eight- 
 pence. 
 
 On every "Writ of or in nature of an Execution, Six Shillings and 
 Eight-pence. 
 
 On every Contempt, Mandamus, Habeas Corpus, Prohibition, or other 
 Special "Writ, Five Shillings and Four-pence. 
 
 On every Dedimus to examine a Witness, or Witnesses, Five Shillings 
 and Four-pence. 
 
 On every Affidavit in Writing made when Court is Sitting, Two 
 Shillings and Eight-pence. 
 
 For reading and Kecording every Verdict or Judgment, One Shilling 
 and Eight-pence. 
 
 On every common Kecovery suffered, inclusive of all other services 
 relative thereto. Three Pounds, Three Shillings, and Four-pence. 
 
 On every Writ of Error, Six Shillings and Eight-pence. 
 
 For Copies of Proceedings of Court or other Papers which may be 
 
 f ranted. One Shilling for every Hundred Words ; and when 
 igures occur, five to be considered equal to a Word. 
 
 For Attendance at Adjourned Court on Argument of a Demurrer, 
 Special "V"erdict, Case Reserved, or Special motion, Eight Shil- 
 lings. 
 
 For entering every Motion, One Shilling. 
 
 For every Order or Rule of Court in a Cause, One Shilling. 
 
 For every Writ of Yenire Facias, to be paid for by the Public, Eight 
 Shillings and Four-pence. 
 
 For Attendance at each examination of a Witness at Judges' Cham- 
 bers, Eight Shillings. 
 
 For entering or filing common Bail, Eight-pence. 
 
 For every Recognisance of Special Bail, Four Shillings. 
 
 For filing exception to Special Bail, Eight-pence. 
 
 For every justification of Bail, Two Shillings and Eight-pence. 
 
 For Recognisance of additional Bail, Two Shillings. 
 
 For every Summons before a Judge or Judges at Chambers, One 
 Shilling. 
 
 For a Rule of Reference in any Cause to Arbitrators, Eight Shillings 
 and Four-pence. 
 
 For a Rule to Plead, Rule of Trial, or executing Writ of Enquiry, 
 Rule to Reply, or other Common Rule, Eight-pence. 
 
 For receiving Money into Court and paying it out again, at the rate 
 of Three-pence for every Twenty Shillings. 
 
148 
 
 BERMUDA ACTS, 
 
 [1819. 
 
 To the 
 
 ProTost 
 
 Marshal 
 
 Genl. 
 
 To the 
 Court of 
 Tice Ad- 
 miralty. 
 
 To the Eeg- 
 
 istrar of the 
 Court of 
 Tice Ad- 
 miralty. 
 
 To the Mar- 
 shal of the 
 Court of 
 Yice Ad- 
 miralty. 
 
 To the Jus- 
 tices of the 
 Peace. 
 
 For every day's Attendance on Court of Assize during Business at 
 Twenty Shillings per day, to be paid by the Public. 
 
 To the Cryer of the Court of General Assize : 
 
 For every common Recovery which may be suffered, Six Shillings 
 
 and Eight-pence. 
 For every day's Attendance when the Court sits, Thirteen Shillings 
 
 and Four-pence, to be paid by the Public. 
 
 To the Provost Mo/rshal Oeneral for the time being : 
 
 For service of a Capias, Attachment, Mandamus, Habeas Corpus, or 
 other Writ on Shore, and for necessary Returns thereto, Sixteen 
 Shillings and Eight-pence. 
 
 For taking Special Bail when required. Six Shillings and Eight-pence. 
 
 For receiving any Prisoner into Custody, and committing same to 
 Gaol, Ten Shillings. 
 
 For bringing up a Prisoner to Court and attending him. Eight Shil- 
 lings. 
 
 For a Prisoner remanded, Three Shillings and Four-pence. 
 
 For Copy of any Mittimus or Warrant, when required, One Shilling. 
 
 For Dieting a Prisoner in Gaol, if Diet is actually required, from said 
 Officer, One Shilling and Four-pence, per day. 
 
 For executing a Writ of Habere Facias Possessionem, One Pound 
 Six Shillings and Eight-pence. 
 
 For Poundage on all Monies received under an Execution with or 
 without a Levy, at the rate of Two-and-one-half per Cent, if the 
 sum actually due and received exceeds One Hundred Pounds ; 
 and if under One Hundred Pounds, then at the rate of Three and 
 Three-quarters per Centum. 
 
 For service of any Capias, Attachment, Mandamus, Habeas Corpus 
 or other Writ in any Ship or Vessel, Water-born and not lying 
 at a Wharf, Twenty Shillings ; if any expence is incurred for 
 Boat-hire, the same is to be in addition. 
 
 For executing a Felon, Eight Pounds. 
 
 For every day's Attendance on Court of General Assize during Term, 
 Twenty Shillings per day, to be paid by the Public. 
 
 To the Instance Court of Viee-Admirally : 
 (Superseded by Statute, 2 Will. 4, c. 51.) 
 
 To the Registrar for the time being, of the Instance Court of Vice- 
 Admiralty : 
 
 (Superseded by Statute, 2 Will. 4, c. 61.) 
 
 To the Ma/rshal for the time being of the Instance Court of Vice- 
 Adrmralty : 
 
 (Superseded by Statute, 2 Will. 4, c. 51.) 
 
 To the Justices of the Peace for the time being, acting as such, but 
 not in Session^ — 
 
 For every complaint received. Three Shillings and Four-pence. 
 For Administering every Oath, Three ShiUings and Four-pence. 
 For every Subpoena for a Witness, Four Shillings. 
 
1819.] BERMUDA ACTS, 149 
 
 For every Warrant of Summons, Three Shillings and Four-peace. 
 
 For every Eecognisance, Three Shillings and Four-pence. 
 
 For hearing a .Cause and giving Judgment, Six Shillings and Eight- 
 pence. 
 
 For every Execution or Levy "Warrant, Six Shillings and Eight- 
 pence. 
 
 To the Constables for the time beina:, — To con- 
 
 °' stables. 
 
 For Service of any "Warrant, or Summons to appear. Three Shillings 
 and Four-pence. 
 
 For Attendance upon any Complaint of a Criminal Nature, Three 
 Shillings and Four-pence. 
 
 For Attendance at the hearing of a Civil Cause, before a Justice or 
 Justices of the Peace, Three Shillings and Four-pence. 
 
 For Service of any Summons or "Warrant, Three Shillings and Four- 
 pence. 
 
 For any Sale under any Execution or Levy "Warrant, of a Justice or 
 Justices of the Peace, at the rate of two and one half per 
 Cent. 
 
 For Executing a Mittimus or "Warrant, Three Shillings and Four- 
 pence. 
 
 The sum of Six Pounds is also to be allowed to such of the usual 
 number of Constables of the several Parishes, to be paid for by 
 the Public, independent of any Parochial Gratuity or Allowance ; 
 and also, independent of any Allowance fixed by Law, for Attend- 
 ance on the Court of General Assize. 
 
 To the Attoeney Geneeal, or Acting Ceown Ofpicee for the time ™ ^. .^ 
 
 , . ' To the At- 
 
 bemg, torney Gen- 
 
 eral or act- 
 Fees to any one Crown Officer acting as such, on the part of the Crown olMr?™ 
 in any Court of common Law, — 
 
 For Examining Depositions, drawing and preferring Bill of Indict- 
 ment, One Pound Six Shillings and Eight-pence. 
 
 For Brief, One Pound. 
 
 For Arguing Cause, One Pound Six Shillings and Eight-pence. 
 
 For opposing Motion in Arrest of Judgment, or for new Trial and 
 Aa-gument, Ten Shillings. 
 
 For moving Judgment and Attendance, Six Shillings and Eight- 
 pence. 
 
 For attending Taxation of Costs and notice to adverse side. Two Shil- 
 lings and Eightpence. 
 
 To such SoLioiTOES of the Couet of Chanceet, as may be employed t? the soi- 
 
 g-^ .' ./ 1 ./ icitors of the 
 
 m a vJase, — ooartof 
 
 Chanceiy. 
 
 For Retainer in a Cause, requiring Bill, Answer, Plea, or Demurrer, 
 Four Pounds ; but if only to obtain a "Writ of Mandamus, Habeas 
 Corpus, or other Special "Writ, then One Pound Six Shillings and 
 Eight-pence. 
 
 For taking Instructions for Bill, Answer, Plea, or Demurrer, Sixteen 
 Shillings and Eight-pence ; but if only to obtain a special "Writ, 
 then Ten Shillings. 
 
 For drawing Bill, Three Pounds and Ten Shillings ; fair copy to file, 
 
150 BERMUDA ACTS. [1819. 
 
 One Pound and Fifteen Shillings ; attending to file, One Shilling 
 and Four-pence. 
 
 For drawing a Petition for further time for Eespondent or Defendant 
 to answer, Plead, or Demur, and Attendance, not exceeding the 
 number of Petitions allowed by the English Practice, Thirteen 
 Shillings and Four-pence. 
 
 For drawing Answer to Bill, Three Pounds and Ten Shillings ; fair 
 Copy to file, One Pound and Fifteen Shillings ; attending to file. 
 One Shilling and Four-pence. 
 
 For drawing a Demurrer to a Bill, One Pound and Ten Shillings ; fair 
 Copy to file, Fifteen Shillings ; attending to file, One Shilling and 
 Four-pence. 
 
 For drawing a Plea, Forty Shillings ; Copy to file. Twenty Shillings. 
 Attending to file. One Shilling and Four-pence. . 
 
 For drawing Answer to part of a BUI, Plea to another part, and 
 Demurrer to the other part. Two Pounds for the whole ; fair Copy 
 to file. Twenty Shillings ; attending to file. One Shilling and Four- 
 pence. 
 
 For drawing a Eeplication to a Bill, Eight Shillings ; fair Copy to 
 file, Four Shillings : attending to file. One Shilling and Four- 
 pence. 
 
 For Signing a Bill, Answer, Plea, Demurrer, or Eeplication, Six Shil- 
 lings and Eight-pence. 
 
 For drawing any Affidavit which may be necessary to obtain a Special 
 Writ, or otherwise as may be necessary. Ten Shillings. 
 
 For obtaining a Subpoena to Answer, Plead or Demur, or for any 
 other necessary Writ, Six Shillings and Eight-pence. 
 
 For Service of a Subpoena, Six Shillings and Eight-pence. 
 
 For Complainant's Solicitor excepting to any Answer for insufficiency, 
 Thirteen Shillings and Fourpence ; Brief, Argument and Attend- 
 ance in support of such exceptions. Sixteen Shillings and Eight- 
 pence ; but neither of these Items is to be allowed, unless such 
 exceptions prevail wholly, or in part. 
 
 For Eespondent's Solicitor opposing such exceptions taken to an An- 
 swer, Sixteen Shillings and Eight-pence ; but the same is not to 
 be allowed if all or any of such exceptions prevail. 
 
 For drawing a Set of Interrogatories either direct or cross for all of 
 the Witnesses in the Cause, unless circumstances absolutely ren- 
 der it necessary for two Sets, in which case the Fee for such sec- 
 ond or additional Set is to be allowed. Twenty Shillings. 
 
 For copies of each Set of Interrogatories, for adverse party, Ten 
 Shillings. 
 
 For Brief and Argument for the dissolution of or in support or con- 
 tinuance of an Injunction, granted while the Cause is pending, 
 Twenty Shillings ; and Attendance, Six Shillings and Eight-pence. 
 
 On motion for the Court to make an Order, and Attendance, provided 
 such Motion is granted, and not otherwise. Sixteen Shillings and 
 Eight-pence. 
 
 For Brief and Argument for setting aside any Order of Court and 
 Attendance, provided such Order shall be set aside. Sixteen Shil- 
 lings and Eight-pence. 
 
 For every Motion of Course, Three Shillings and Four-pence ; Attend- 
 ance, Three Shillings and Four-pence. 
 
1819.] BERMUDA ACTS. 151 
 
 For every necessary Motion not of Course ; Argument and attendance 
 in support thereof, Sixteen Shillings and Eight-pence ; but no Fee 
 is to be allowed unless such motion shall be granted. 
 For opposing any motion not of Course, and Attendance, Sixteen 
 
 Shillings and Eight-pence. 
 For attending Masters on a reference to them when necessary, (except 
 the taxing of Costs), at Twenty-six Shillings and Eight-pence 
 per day, provided the Business is entered upon ; and if not, 
 then Six Shillings and Eight-pence for such attendance. 
 For drawing any Agreement between the Parties in a Cause, in order 
 to be made a Rule of Court, Sixteen Shillings and Eight-pence, 
 to be divided between the Solicitors. 
 For excepting to Report of Masters, Brief, Argument and Attendance ; 
 but no Fee is to be allowed, unless such exceptions prevail wholly 
 or in part'; One Pound Six Shillings and Eight-pence. 
 For Brief, Argument and Attendance in support of report of Mas- 
 ters, One Pound Six Shillings and Eight-pence. 
 For Brief on the Merits on a Cause, One Pound Six Shillings and 
 
 Eight-pence. 
 For Argument on the Merits of a Cause, Forty Shillings ; Attend- 
 ance, Six. Shillings and Eight-pence. 
 For attending Court to hear Judgment, or Decretal Order of the 
 Court, if the same be not pronounced on the day of Arguing the 
 Cause, Ten Shilling. 
 For Draft of a Decree, Three Pounds and Ten Shillings ; Attendance 
 to lodge the same with the Registrar, Three Shillings and Four- 
 pence. 
 For Adverse Solicitor perusing such Draft and Attendance Ten Shil- 
 lings. 
 For entering a Caveat against the signing and rolling a Decree, and 
 arguing against the same, provided the Draft thereof is in any 
 part altered or disapproved by the Court, One Pound. 
 For fair Copy of Final Decree, and presenting same ; for signing 
 
 and inrollement. One Pound and Fifteen Shillings. 
 For drawing Bill of Costs in Suit to submit for Taxation, Three Shil- 
 lings and Four-pence ; notice to adverse Party, that such Bill is 
 lodged for taxation, Three Shillings and Four-pence ; but if such 
 Bill of Costs is objected to, and such objection prevail, then no 
 part of this Item is to be allowed. 
 For objecting to a BUI of Costs, rendered by an adverse Solicitor for 
 taxation ; and Attendance, provided any objection thereto pre- 
 vails, Six Shillings and Eight-pence. 
 For obtaining any Writ or Process for the enforcement of a Decree, 
 
 Eight Shillings. 
 For Motion for Appeal from the Decree of the Court ; and Attend- 
 ance, Six Shillings and Eight-pence. 
 For drawing Appeal from the Decree of the Court ; and for Attend- 
 ing to other matters incident thereto, or connected therewith, 
 Twenty Shillings. 
 
 To such Attornies in the Court of Errors^ as mav be employed in a to the At- 
 
 Oase, Court of 
 
 Retainer, Three Pounds and Ten Shillings. 
 
152 BERMUDA ACTS. [1819. 
 
 Application and Attendance for Writ of Error, Ten Shillings. 
 
 Service of a "Writ of Error, Six Shillings and Eight-pence. 
 
 Notice of Writ of Error to adverse side, One Shilling and Four- 
 pence. 
 
 Assignment of Errors, Twenty Shillings ; Attending to file same, One 
 Shilling and Four-pence. 
 
 Copy of Assignment of Errors for adverse side and service, Five 
 Shillings. 
 
 Attendance of Defendant's Attorney to examine the Record, or 
 Transcript of Proceedings in Court below, and examining, Ten 
 Shillings. 
 
 Drawing Plea, Eeplication, Demurrer or other Pleading to Assign- 
 ment of Errors, and Attendance to file the same, Twenty Shil- 
 lings. 
 
 Copy of Plea, Replication, Demurrer or other Pleading to Errors As- 
 signed, for adverse party and service. Five Shillings ; 
 
 For any Motion of Course, Three Shillings and Four-pence ; 
 
 For any Motion in the Cause, not of Course, and Argument in support 
 thereof, but no fee is to be allowed, unless such Motion is granted. 
 Ten Shillings ; 
 
 For argument on any Motion in the Cause, not of Course^ and Attend- 
 ance, Ten Shillings ; 
 
 For Drawing any Affidavit which may be necessary in the Cause, and 
 Attendance, Eight Shillings ; 
 
 For Brief on the main question of Error or no Error, One Pound Six 
 Shillings and Eight-pence ; 
 
 For argument on the main question of Error or no Error, Two 
 Pounds ; 
 
 For attending Court to hear Judgment on the main question of Error 
 or no Error, provided such Judgment be not given on the same 
 day the Cause is argued, Six Shillings and Eight-pence ; 
 
 For all Services which may be performed after the Jxidgment has been 
 affirmed or reversed, to be for the Attorney who is successful in 
 the Court of Errors, Twenty Shillings. 
 
 To the At- To such Attornies of the Couet of Geneeal Assize, as may be em- 
 th^oonrtof ployed in a Cause,— 
 
 Assize. For Retainer, One Pound Six Shillings and Eight-pence ; 
 For Warrant of Attorney, One Shilling and Four-pence ; 
 For taking Instructions, Ten Shillings ; 
 For drawing Affidavits respecting the Debt claimed by a Plaintiff or 
 
 Pla,intiffs, in order to hold Defendant or Defendants to Bail, and 
 
 Attendance to file same. Six Shillings and Eight-pence ; 
 For drawing Action, attending to enter same. Two Shillings and 
 
 Eight-pence ; 
 For Attendance for a Writ, and filling up same. Two Shillings and 
 
 Eight-pence ; 
 For entering an Appearance, or filing common Bail, Two Shillings ; 
 For drawing a Declaration to file, Thirteen Shillings and Four-pence ; 
 For attending to file Declaration, One Shilling and Four-pence ; 
 For copy of Declaration to serve on adverse Party, Four Shillings ; 
 For service of copy of Declaration, One Shilling and Four-pence ; 
 For drawing Rule to Plead, Two Shillings ; 
 
1819-] BERMUDA ACTS. • 153 
 
 For demanding a Plea in Writing, and service thereof, wlaen necessary, 
 in a Cause, Two Shillings ; 
 
 For demanding Oyer of a Bond, or other Instrument, when necessary. 
 Three Shillings and Four-pence ; 
 
 For granting Oyer, after being demanded, Three Shillings and Four- 
 pence ; 
 
 For drawing or entering into a common Kule in Ejectment, Six Shil- 
 lings and Eight-pence ; 
 
 For drawing a Plea, Eeplication, Eejoinder, Demurrer, Joinder in 
 Demurrer, or other pleading allowed to be pleaded. Thirteen 
 Shillings and Four-pence ; 
 
 Copy of same, to serve on adverse party, and service, Four Shillings ; 
 
 For application to the Judge or Court for leave to examine a "Witness 
 or "Witnesses, about to depart these Islands, before Trial of a 
 Cause, including the drawing of any Affidavit necessary to be 
 made, relative to such application. Six Shillings and Eight- 
 pence ; 
 
 For drawing Affidavit of a material Witness absent or sick, Three 
 Shillings and Four-pence ; 
 
 For drawing Interrogatories either direct or cross. One Pound ; 
 
 For copy thereof, to furnish adverse party, and service thereof, five 
 Shillings ; 
 
 For service of a Subpoena for a Witness, if personally made by the 
 Attorney in the Causej Six Shillings and Eight-pence, inclusive of 
 One Shilling and Four-pence for every Ticket which may be 
 necessary ; 
 
 For attending to enter into special Bail, and notice thereof to adverse 
 party, provided such special Bail is accepted, or held good, Four 
 Shillings ; 
 
 For excepting to special Bail, and attending, provided such exception 
 prevails, and not otherwise, Six Shillings and Eight-pence ; 
 
 For justifying special Bail when excepted to, and attending for the 
 purpose, provided such Bail is held sufficient, and not otherwise, 
 Six Shillings and Eight-pence ; 
 
 For a motion for a reference of a Cause to Arbitration, when all par- 
 ties agree, and attendance. Eight Shillings ; and to the opposite 
 Attorney for consenting, the like fee ; 
 
 Where a Cause is referred to Arbitration, for attending on Arbitrators, 
 provided such Arbitrators request the same in Writing, each day, 
 One Pound ; 
 
 And if the Award of such Arbitrators is required to be drawn by any 
 Attorney in such Cause, then, therefor, Thirteen Shillings and 
 Four-pence ; 
 
 For moving for a Party to give Security for Costs, provided such 
 Security is liable to be given, and the same shall be delayed after 
 the first day's sitting of the Court in Term, Three Shillings and 
 Four-pence; 
 
 For notice of Trial or Enquiry when necessary, and no more than the 
 expence of one to be allowed, unless such Trial or Enquiry be 
 unavoidably continued over, Two Shillings and Eight-pence ; 
 For withdrawing or discontinuing an Action, and attendance, Three 
 Shillings and Four-pence ; 
 20 
 
154 BERMUDA ACTS. [1819. 
 
 For Brief in a Cause, wtere no plea is filed, or which is not contested, 
 Ten Shillings ;* 
 
 For Brief in a Cause, where a plea is filed, or which is contested. 
 Twenty Shillings ; 
 
 For argument in a Cause at Issue, or which is contested, Two 
 Pounds ; 
 
 For the first Term Fee after a Cause is regularly in Court, Six Shil- 
 lings and Eight-pence ; 
 
 For every Term a Cause is necessarily continued over, Two Shillings 
 and Eight-pence ; 
 
 For notice of moving for a new Trial, or in Arrest of Judgment, Two 
 Shillings and Eight-pence ; 
 
 For every rule obtained to show Cause, and attendance, inclusive of 
 service thereof. Five Shillings and Four-pence ; 
 
 For every Argument in support of or against such Rule, after being 
 obtained. Ten Shillings ; 
 
 For every Interlocutory Judgment, provided the same is not set aside 
 for irregularity or otherwise. Three Shillings and Four-pence ; 
 
 For motion and argument to set aside an Interlocutory Judgment, 
 provided the same be set aside, Six Shillings and Eight-pence ; 
 
 For every final Judgment, Six Shillings and Eight-pence ; 
 
 For drawing a Bill of Costs for Taxation inclusive of notice when Tax- 
 ation will "be made, Three Shillings and Four-pence ; 
 
 For attending on Taxation of Costs, One Shilling and Four-pence ; 
 
 The Attorney for the Plaintiff is to pay the Petit Jury in every Civil 
 Cause tried, or Inquiry executed. Six Shillings and Eight-pence, 
 to be included in such Attorney's taxed Costs ; 
 
 For drawing a Bond or other Security necessary to be given, under or 
 in virtue of the Act for attaching Property of absent Debtors, and 
 attendance, Ten Shillings ; 
 
 For notifying the Court of a Writ of Error, intended to be brought 
 from the Judgment, provided a Writ of Error be sued out, and 
 necessary Security given. Two Shillings and Eight-pence ; 
 
 For drawing necessary Bond or Security entered into, to prosecute 
 Writ of Error, or when such Writ has been, or is about to be sued 
 out, Ten Shillings ; 
 
 For suffering or performing the business of any Common Becovery, 
 the Fees are to be as customary, or as may be agreed on between 
 Attorney and Client ; 
 
 The Fees for a Plaintiff's Attorney in entering up a Bond with a War- 
 rant to confess Judgment, to be Three Pounds and Eight Shillings ; 
 those to the Defendant's Attorney for confessing Judgment to be 
 Two Pounds One Shilling and Four-pence ; 
 
 A Witness in a Cause who attends Court, is to be allowed not less 
 than Ten Shillings and Eight-pence, nor more than Sixteen Shil- 
 lings and Eight-pence per day, according to circumstances, to be 
 paid in the first instance by the party in whose Cause such Wit- 
 To the Proo- ness shall be summoned. 
 
 tors of the 
 
 Vice Ad "^^ '^^^ Pkoctoes of the Instance Couet of Vice Admikaltt, — 
 
 miralty. (Superseded by Statute, 2 Will, i, c. 51.1 
 
 2 Will. 4. c. ' 
 
 iin^oli ^^ *^® Eespective Mayors for the time being, of the Town of Hamil- 
 *^*'°'' ton and Saint George, acting as such, — 
 
1819.] BERMUDA ACTS. 155 
 
 For drawing any Affidavit or other Writing, at the rate of Two Shil- 
 lings and Eight-pence for every Hundred Words ; and if a fair 
 Copy is required and made, then at the rate of One Shilling for 
 every Hundred Words of such fair Copy ; 
 
 For Administering an Oath, Five Shillings and Fourpence ; 
 
 For Seal of the Corporation to any Paper, Six Shillings and Eight- 
 pence ; and for any Probate or Certificate which may be neces- 
 sary, Three Shillings and Four-pence. 
 
 To the CoEONEE on an Inquest, — Tothe 
 
 Coroner. 
 
 For Summoning a Jury to serve on an Inquest, to be taken on the 
 Body of a Person or Persons that may come to an untimely 
 Death and for drawing up an Inquest and returning the same. 
 Three Pounds ; but when there are more than one of such deceased 
 Persons who came to such untimely end, at the same time, by 
 the same accident or cause, then only half of that sum is to be 
 allowed the Coroner for each ; 
 
 For service of any process necessarily directed to him, or on the Sale 
 of Property under Execution, the like as to the Provost Marshal 
 in any common case. 
 
 To such Persons as may act as Jurors on an Inquest holden by the jurors on « 
 Coroner,- S^rr 
 
 For each day each Juror may serve on an Inquest, Six Shillings and 
 Eight-pence : Which said Fees to the Coroner and Jury of In- 
 quest are to be paid by the Public. 
 
 To the Sur- 
 veyor Genl. 
 
 To the Surveyor Oeneral of Lands, for the time being, — 
 
 For each day's employment in Surveying Land, Two Pounds ; 
 
 For any necessary Summons to a Witness, Two Shillings ; 
 
 For making a Plot of the Land Surveyed, to lodge in the Secretary's 
 
 OflSce, and lodging the same. Thirteen Shillings and Four-pence ; 
 For copy of every Plot, to a party requiring it. Thirteen Shillings and 
 
 Four-pence. 
 
 To such Persons as mav act as Oovtinissioners on a Survey (j/ioCommis- 
 
 T 1 f ^ eioners on a 
 
 ±ia/naS, survey of 
 
 Land. 
 
 For each of them. Six Shillings and Eight-pence per day. 
 
 II. And be it, &c., that such of the before mentioned Fees as ^^^^^^^^^ 
 may accrue in the Courts aforesaid, respectively, shall be taxed in taxedm^dis- 
 separate and distinct Items as they accrue ; namely — those in the 
 CouET OF Chanceet, shall be taxed by such Member or Members 
 thereof, as shall or may be appointed as Master or Masters for the 
 purpose, and to be signed by such Master or Masters : Those in the 
 CoTTET OF Geneeal Assize, shall be taxed by the Chief Justice or Jus- 
 tices of the said Court, or at least approved under his or their hands : 
 Those in the said Cotjet of Eeeoes, shall be taxed by such Member 
 or Members thereof, as shall be appointed for the purpose, under his 
 
156 
 
 BERMUDA ACTS. 
 
 Not to inter- 
 fere with 
 Fees at the 
 SecretaTy's 
 Office, con- 
 nected with 
 Vessels. 
 
 [I8id. 
 
 or their hand or hands : Those in the Instajtce Cottet of Vice Ad- 
 MERALTY, shall be taxed by the Judge or Judges thereof, to be under 
 his or their hands : Those in the said Coitet of Quaetee Sessions, 
 shall be taxed by the said Court, and to be signed by the Chairman 
 thereof : And those by any Justice or Justices of the Peace, not in 
 Sessions, shall be taxed and signed by such Justice or Justices. 
 
 III. And be it, &e., that this Act shall not be construed or deemed 
 to prevent or interfere with any legal Fees which may be payable at 
 or to the Secretary's Office aforesaid, for any Documents or other 
 Papers granted for, relative to, or in any wise connected with, the 
 Entering, Clearing and Keporting of Vessels, and with the Crews and 
 Passengers thereof, from being demanded, taken or received. 
 
 AE ACT to amend the Lam in certain eases of Homicide. 
 
 [3 April, 1819.] 
 
 Preamble. WHEREAS by the Law of these Islands, no Indictment can be 
 
 found against any person who shall feloniously strike or poison another 
 upon the Sea, or at any place out of these Islands, whereof the person 
 so stricken or poisoned shall die within these Islands ; or against any 
 person who shall feloniously strike, or poison another within these 
 Islands, whereof the person so stricken or poisoned shall die upon the 
 Sea, or at any place out of these Islands : And whereas it is expedient 
 to put the Law in this behalf, upon the footing of the Law of England, 
 as enacted by the Statute of the Second Year of His late Majesty, 
 George the Second, Chapter the twenty first, by which such an Act of 
 Homicide is to be enquired of, proceeded against and punished, as if 
 the stroke, poisoning and death had all happened in England : 
 
 statute, I. We, &c., and be it enacted, &c., that the said Statute of the 
 
 2i.l^enaed Secoud Year of His late Majesty, George the Second, Chapter the 
 to Bermuda, twcuty-first, from and after the passing of this Act, shall extend and 
 be construed to extend to these Islands, and shall be of as full force, 
 power and eflfect within these Islands, as the same Statute is within 
 the Realm of England ; any Law, usage or custom to the contrary 
 thereof, in anywise notwithstanding. ^ 
 
1820.] BERMUDA ACTS. 157 
 
 AN ACT to a/mend and explain an Act entitled '■'■An Act for the 
 Establishment of a College or School, on the School Land in Dev- 
 onshire Parish • and to reveal tJie Act entitled '■An Act, for the 
 Establishment of a proper School on the Share of Zand, situate in 
 Warwick Parish, %n the Islands of Bermuda ;'' and for vesting 
 the School Lands in Devonshire, PembroTce, and Warwick Par- 
 ishes, in Trustees, for the purpose of the Education of Youth." 
 
 [11 February, 1820.] 
 
 WHEEEAS some difficulty has arisen on the construction of the preamble. 
 second Clause of the above recited Act : In order, therefore, to prevent 
 the same for the future : 
 
 I. We, &c., and be it enacted, &c.. That the Governor or Com- iheatana- 
 mander-in-Chief for the time being, the President of the Council for JS^ooXmf-^ 
 the time being, the Speaker of the House of Assembly for the time tion with the 
 being, of these Islands, (and in case of a Dissolution of the Assembly, T™tees, or 
 the Person who last acted as Speaker thereof, until the next ensuing ot'a^com- 
 Session of the Colonial Parliament, then the Speaker of such new As- p^eten'tfor 
 sembly, in regular succession, as the same may be chosen or appointed), of the Act. 
 the Rector of the Parish of Devonshire, for the time being, be stand- 
 ing Trustees ; and that such standing Trustees, in conjunction with the 
 elective Trustees for the time being, or a Majority of all the Trustees, 
 shall be competent for all the Purposes mentioned in the said Act ; 
 and that such elective Trustees shall be chosen in the following man- Elective 
 ner — that is to say, two Members of the Legislative Council for the J'™^^^„^gjn 
 time being, to be chosen by the Legislative Council while in Session, 
 and one Member of Assembly for each of the Parishes of these Islands, 
 to be chosen by the House of Assembly, while in Session, out of the 
 number of Members last returned by the respective nine Parishes, to 
 serve in such Assembly : And that the said Elective Trustees shall 
 continue to act as such Trustees, for and during the term of Three 
 Years after their Election, and until an opportunity shall be afforded 
 the respective Branches of the Legislature, to make, and they shall 
 actually make a new Election of Trustees out of their Bodies respect- 
 ively : Always Provided, That any Trustee, having been elected as proviso, 
 aforesaid, be not thereby disqualified from being re-elected for the ^^Ij^^ 
 next or any succeeding Term : And also Provided, That in case of a may be 
 vacancy occurring by Death, Resignation, or otherwise, of any Trus- '■''"^'''='^''- 
 tee, a new Trustee be elected in his stead, in the manner aforesaid, by 
 the Legislative Council, or the House of Assembly, according as the 
 Vacancy may take place of a Trustee elected from one or other of the Vacancies 
 said Bodies : And provided further, That the Trustee appointed to how Bup- 
 supply such Vacancy, be and continue a Trustee for such length, of fo/what 
 time only as the Trustee would have continued, whose place he sup- *'°"'' 
 plies. 
 
158 
 
 BERMUDA ACTS. 
 
 [1820. 
 
 AN ACT for increasing the member of Clergymen withm these Islcmds. 
 
 [IT March, 1820.] 
 
 Preamble. 
 
 » 
 Upon a va- 
 cancy in the 
 laving of 
 Pembroke, 
 Devonshire, 
 Smith, and 
 Hamilton 
 parishes, — 
 Pembroke 
 and Devon- 
 shire with 
 the aiebe, 
 &c., to con- 
 stitute one 
 Living — and 
 Smithes and 
 Hamilton 
 with the an- 
 nual interest 
 of the Glebe, 
 Ac, to con- 
 stitute an- 
 other Liv- 
 ing. 
 
 Upon a va- 
 cancy in the 
 Living of 
 Paget, War- 
 wick, South- 
 ampton and 
 Sandy's par- 
 ishes, — 
 Paget and 
 Warwick 
 with the an- 
 nual Interest 
 of the Glebe, 
 Ac, to con- 
 stitute one 
 Living, and 
 Southamp- 
 ton and 
 Sandy's 
 with the 
 Glebe, &c., 
 to constitute 
 another. 
 
 To be one 
 Rector or 
 incumbent 
 for each of 
 the four 
 Livings. 
 
 Annual 
 Stipends al- 
 lowed out 
 of the Treas- 
 ury. 
 
 WHEEEAS it is deemed expedient to divide the eight Parielies, 
 westward of the Public Ferry, into four Livings, as soon as circum- 
 stances shall admit thereof; and, in order to enable the said Parishes 
 to support four Clergymen, for the said four Livings, to grant some 
 aid from the Public Treasury of these Islands : 
 
 I. "We, &c., and be it enacted, &c., that, upon a vacancy taking 
 place in the living at present composed of the Parishes of Pembroke, 
 Devonshire, Smith and Hamilton, by death of the Incumbent, resigna- 
 tion, or otherwise, the said Parishes of Pembroke and Devonshire, 
 together with the Glebe, Parsonage House, School House and Appur- 
 tenances situate in the said Parish of Pembroke, shall constitute one 
 Living ; — and the said Parishes of Smith and Hamilton, together with 
 the annual interest, profits or issues payable by Law for the Glebe, 
 situate in the Parish of Hamilton, and which has been sold, in fee sim- 
 ple conditional, under and by virtue of an Act of the Legislature, shall 
 constitute another Living : And that upon any vacancy taking place 
 in the Living at present composed of the Parishes of Paget, Warwick, 
 Southampton and Sandy's, by the death of the Incumbent, resignation 
 or otherwise, the said Parishes of Paget and "Warwick, together with 
 the annual interest, profits or issues, payable by Law for the Glebe sit- 
 uate in the said Parish of Paget, and which has been sold in fee simple 
 conditional, imder and by virtue of an Act of the Legislature, shall 
 constitute one Living ; — and that the said Parishes of Southampton 
 and Sandy's, together with the Glebe, Parsonage House, and Appur- 
 tenances, situate in the. said Parishes of Southampton and Sandy's, 
 shall constitute another Living. 
 
 II. And be it, &c., that for each of the said four Livings, there 
 shall be one Incumbent or Hector, regularly educated for the Church 
 of England, who shall reside either on the Glebe appropriated to the 
 Living ; or where there is no Glebe, at some place as nearly central 
 between the two Parishes composing the Living as he can be accom- 
 modated with a suitable House : And that it shall be the duty of such 
 Rector or Incumbent, to perform service, and the usual duties, on 
 every Sunday, alternately in the forenoon and afternoon, in the Parish 
 Church of each of the Parishes composing his Living. 
 
 HI. And be it, &e., that there be allowed annually, out of the 
 Public Treasury of these Islands, in aid of the Parishes composing the 
 Livings aforesaid, to the Incumbents or Rectors of such Livings, the 
 stipends or sums of money following : to wit, to the Rector of the 
 Parishes of Pembroke and Devonshire, the sum of two hundred 
 pounds ; to the Rector of the Parishes of Smith and Hamilton, the sum 
 of two hundred pounds ; to the Rector of the Parishes of Paget and 
 "Warwick, the sum of two hundred pounds ; and to the Rector of the 
 Parishes of Southampton and Sandy's, the sum of two hundred pounds ; 
 and that the said stipends be annually paid out of any unappropriated 
 Monies in the Public Treasury, for and during the residence of the said 
 
1827.] BERMUDA ACTS. 159 
 
 Eectors, as by this Act prescribed, and the performance of their duties 
 respectively, within their Livings, on Certificates thereof being pro- 
 duced from the Vestries of the Parishes respectively composing their 
 Livings. 
 
 IV. And be it, &c., that when and as often as the Inhabitants and J;?°^yj°fjy 
 Freeholders of any of the above mentioned Parishes, assembled in full an°d"enfoi°ce 
 Parish Meeting, in consequence of proper notice for that purpose to be addwoMi^ 
 given, shall, by vote, freely and voluntarily fix on the Incumbent of l^l^lf^"'^ 
 such Parishes, during his continuance to hold the Living within the f™j''™^jj?y 
 same, an annual sum of money, in addition to the stipends by this Act ants and 
 fixed and allowed ; and such vote shall be entered on the Parish Kec- Sl?y pt™ 
 ords, together with the terms and conditions, if any, whereon the same ^^■ 
 shall be granted ; it shall and may be lawful for the Vestry or Asses- 
 sors of such Parishes, to provide for and enforce the payment of such 
 additional Salary, in the like manner with other Parochial Charges. 
 
 The sums 
 
 V. And be it, &c., that the sums hereby fixed and allowed the \^lf/^^]■ 
 respective Incumbents by this Act contemplated, together with such gether with 
 additional sum as may, from time to time be allowed by the Parishes fiinafsums 
 respectively, shall be as and for, and in lieu of, all and every other sum *,J'3°^^4he6, 
 of money directed to be paid the Incumbents of any of the said Par- tobemUen' 
 ishes out of the Public Treasury, or to be raised for them by assess- "u^s s°ettfed 
 ments, in the said several Parishes, by the Act entitled " An Act for °°^^|nt°; 
 settling a Yearly Revenue upon the Ministers of these Islands," or lf^^^^\^ 
 by any other Act in the like case made and provided. parishes. 
 
 VI. And be it, &c., that this Act be in force for and during the 
 term of Thirty Years, and no longer. 
 
 [Amended by Act of 29 January, 1821. Continued and amended by Act of 1850, No. 
 2, to the end of 1865.] 
 
 AN ACT Providing an Allowance for the Maintenance of Persons 
 Imprisoned for Debt. 
 
 [11 January, 1827.] 
 
 WHEKEAS there is at present no provision by Law for the main- Preamble. 
 tenance of Debtors committed to Prison, and whereas it is expedient 
 that such provision should be made : 
 
 I. We, &c., and be it enacted, &c., that whenever any Person prisoner for 
 imprisoned for Debt, shall be unable to maintain himself or herself, 5|ni^''t"; 
 then he or she setting forth the same by petition to the Judge or Jus- Judge, and 
 tices of the Court from which the process issued, by which he or she upon "afh, 
 was committed, and declaring upon Oath to the satisfaction of the r|q^J|afto 
 Judge or Justices, which Oath the Provost Marshal General or his *'„°|°'^'j}«'i 
 Deputy is hereby authorized and required to administer that all the auowanoe at 
 Property whereof he or she was possessed at the time of the com- aSdSghT^ 
 mencement of any Suit or Suits, hath been given up to satisfy his or P,™°|~^j"*f 
 her Creditor or Creditors ; that he or she hath not either through him- payment, 
 self or herself, or any Person in trust for him or her, the means charged.' 
 whereby to maintain himself or herself ; and further that no Person or 
 
 Duration. 
 
160 
 
 BERMUDA ACTS. 
 
 [1827. 
 
 Every per- 
 son com- 
 mitted by 
 Justice's 
 Warrant for 
 Debt, en- 
 titled to 
 same allow- 
 ance, or to 
 be dis- 
 charged : 
 and if con- 
 fined for 
 one month 
 to be dis- 
 charged. 
 
 Proviso. 
 Plain tiff may 
 have Execu- 
 tion of the 
 property 
 of Prisoner 
 afterwards. 
 
 Persons either directly or indirectly hold or possess in trust or to the 
 use of any such Defendant or Defendants, any Goods, Chattels, Mer- 
 chandize, Slaves, Monies, or other Effects, Annuity or Annuities, and 
 two days previous Notice being given to the Party Plaintiff or his or her 
 Agent or Attorney, such Prisoner shall be entitled to daily Allowance 
 of One Shilling and Eight Pence during the time he or she shall be 
 confined at the Suit of such Plaintiff, to be paid to the Provost Mar- 
 shal General or his Deputy for the use of the said Prisoner ; and in 
 default of such payment for six days, to be proved on Oath by the 
 Provost Marshal General or his Deputy, that then upon application 
 to the said Judge or Justices from whom such process issued as afore- 
 said, it shall and may be lawful for the said Judge or Justices to dis- 
 charge him or her, and such Prisoners Gaol fees shall be paid out of 
 the Public Treasury of these Islands ; and every Person committed 
 by "Warrant of execution from one or more Justices of the Peace for 
 any Debt or Damages, shall be entitled, on making Oath as aforesaid, 
 to the same allowance of One Shilling and Eight Pence or to be dis- 
 charged from Custody by order of the said Judge or Justices in 
 manner aforesaid, and in case any prisoner committed for any Debt by 
 "Warrant or execution from any Justice or Justices shall make it ap- 
 pear on Oath to the satisfaction of any two Justices of the Peace, 
 that he or she is unable to pay the Debt or Damages for which he or 
 she stands charged in execution and in Custody, and that by virtue 
 of such execution he or she hath been confined upwards of one month, 
 tlien the said two Justices of the Peace are hereby authorized and re- 
 quired to discharge the said prisoner, by order under their hands and 
 Seals, and such Prisoner shall be discharged accordingly, any law or 
 usage to the contrary notwithstanding : provided always that the 
 Plaintiff or Plaintiffs shall and may be at liberty after the discharge 
 of any such prisoner in manner aforesaid, to issue execution founded 
 on the Judgment against him or her to levy of the Goods or Chattels, 
 Lands or Tenements, which may at any time after belong to such 
 prisoner, any law or usage to the contrary notwithstanding. 
 
 [So much of this Act as relates to Prisoners cominitted vmder Warrant of Execution 
 from a Justice of the Peace, is repealed, and other Enactments made, by Act of 1850. 
 No. 10.] 
 
 AJN ACT Further to Amend the Road Acts. 
 
 [29 January, 1827.] 
 
 Preamble. 
 
 "WHEREAS the Act entitled, " An Act relating to the Public Roads 
 in these Islands in addition to the Act entitled an Act in part to re- 
 peal and to amend the Road Act passed the seventeenth day of 
 September one thousand eight hundred and thirteen," did authorize 
 the Commissioners of the respective di§tricts for the space of seven 
 years from the passing of that Act, and no longer, to order and direct 
 such repairs to any of the Public Roads in the said before-mentioned 
 Act expressed, as had been already repaired or opened, or may be 
 repaired or opened in virtue of the said before-mentioned Act, as to 
 the said Commissioners of the respective districts may seem proper, 
 
1827.] BERMUDA ACTS. 161 
 
 and to defray the expences thereof out of any public moneys already 
 
 f ranted or which may hereafter be granted for the purposes of the 
 'ublic Eoads, which space of seven years expired on the eighth day 
 of August one thousand eight hundred and twenty-three. And 
 Whereas from the present bad state of the Public Eoads throughout 
 the Island and the considerable repairs necessary to be made, it is 
 highly expedient that their authority for ordering and directing such 
 repairs be renewed and extended : 
 
 I. We, &c., and be it enacted, &c., that the Commissioners of Commis- 
 the respective districts appointed or to be appointed by virtue of an tholised to 
 Act entitled an Act in part to repeal and to amend the Eoad Act, paSfof'^" 
 passed the seventeenth day of September one thousand eight hundred ^°^^^ ^^^ 
 and thirteen, shall for the space of seven years from the passing of expence 
 this Act, and no longer, be authorized, and they are hereby author- a further""^ 
 ized to order and direct such repairs to any of the Public Eoads as ^evenVears. 
 have already been repaired or opened, or may be repaired or opened 
 
 in virtue of their authority, and also to defray the expences thereof 
 out of any public moneys granted for the purposes of the Public 
 Eoads. 
 
 II. And Whereas the Act passed the Twenty-second day of Octo- 
 ber, one thousand seven hundred and sixty-one, for the more effectual 
 cleaning, amending and enlarging the highways and public paths in 
 and throughout these Islands, did also provide how and in what man- 
 ner other Eoads and bye-paths in each of the parishes in these Islands 
 should be altered, turned or stopped up, which act was repealed by 
 the Eoad Act, passed the seventeenth day of September, one thous- 
 and eight hundred and thirteen, as aforesaid : And Whereas no pro- 
 vision for the purposes aforesaid is made by any Act now in force, — 
 
 Be it, &c., that the Magistrate or Magistrates and Vestrymen of each f^^^^'^lf. 
 Parish, or a maiority of them be authorized and they are hereby au- men of each 
 
 'w Parish a.u- 
 
 thorized and required to alter, turn, open, or stop up any Eoads and thoriseato 
 bye-paths, other than Public Eoads, in their respective parishes, and ^pln'oSp 
 that the said Magistrate or Magistrates and Vestrymen, or a majority "p^Jjy^ 
 of them, are hereby empowered and directed to view and consider the 
 same, and to alter, turn, open or stop up any such Eoads and bye-- 
 paths, other than Public Eoads, as they shall judge right and expe- 
 dient, and to declare what shall be the width of the same, not exceed- 
 ing eight feet. 
 
 III. And be it, &c., that the Commissioners of each district or any commis- 
 three of them do meet once in three months at the least, to hear com- meeronc°e 
 plaints and receive evidence concerning the repairing, altering and iJJo'nths'to 
 opening the Public Eoads in their respective districts as by law di- ''f^'^^'j""' 
 rected, and to order and determine concerning the same. ^ "° ^' 
 
 21 
 
162 
 
 BERMUDA ACTS, 
 
 [182'7. 
 
 AN ACT in addition to and alteration of the Act, entitled, " An Act 
 for increasing the number of Clergymen within these Islands^ 
 
 [29 January, 182T.] 
 
 Preamble. 
 
 WHEEEAS in and by the Act entitled " An Act for increasing 
 tlie number of Clergymen within these Islands," it is enacted that a 
 Stipend of Two Hundred Pounds a Year be paid out of the Public 
 Treasury of these Islands to each of the Rectors or Incumbents of the 
 Four Livings westward of the Public Ferry, in aid of the Parishes 
 composing the said Livings : and Whereas it is deemed expedient to 
 grant similar aid to the Parish of Saint George towards the support of 
 the Incumbent thereof: 
 
 stipend 
 out of the 
 Treasury to 
 the Rector 
 or Incum- 
 bent of St. 
 George's. 
 
 Part of that 
 Stipend pay- 
 able to the 
 present Rec- 
 tor, to be 
 In ueu of 
 sums out of 
 the Treasury 
 or under 
 certain 
 parochial 
 Stipends. 
 
 The Stipends 
 out of the 
 Treasury to 
 the four 
 other Rec- 
 tors, to be 
 hereafter 
 paid quar- 
 terly. 
 
 I. We, &c., and it is enacted, &c., that there be allowed annually 
 out of the Public Treasury of these Islands in aid of the Parish of 
 Saint George, to the present Hector or Incumbent, and to any future 
 Rector or Incumbent thereof, who may be regularly educated for the 
 Church, the sum of Two Hundred Pounds, and that the same be paid 
 quarterly out of any unappropriated Money in the Public Treasury, 
 for and during the residence of the said Rector or Incumbent within 
 the said Parish of Saint George, and his performance of Divine Service 
 and the usual duties therein, Twice on every Sunday, that is to say, 
 once in the forenoon and once in the afternoon, in the Parish Church 
 of the said Parish, on a Certificate thereof being produced from the 
 Vestry of the said Parish of Saint George. 
 
 II. And be it, &c., that the said Stipend be payable to the present 
 Rector of the said Parish, from and after the first day of April next, 
 and that Seventy Five Pounds thereof be from and after that period, 
 for and in lieu of every other sum of Money which the said Rector 
 may be entitled to receive out of the Public Treasury, or to have 
 raised for him by assessment in the said Parish by -sartue of the Act en- 
 titled, " An Act for settling a yearly revenue upon the Ministers of 
 these Islands," and the Act entitled, "An Act for increasing the 
 Salary of the Minister of Saint Georges," and the remaining One 
 Hundred and Twenty Five Pounds be from and after that period in 
 lieu of a like sum of any stipend which may have already been fixed 
 on the present Incumbent by virtue of the Act entitled, " An Act for 
 an addition to, and amendment of an Act entitled, ' An Act for settling 
 a yearly Revenue upon the Ministers of these Islands, and for declaring 
 Land and Real Estate liable to the pa3'ment of Parochial charges in 
 the Parish where it may be.' " 
 
 III. And be it, &c., that the stipend or sum by the herein first 
 recited Act directed to be paid annually to the Rectors or Incumbents 
 of the four livings Westward of the Public Ferry, be in future paid as 
 follows, all arrears to be paid the said Incumbents up to the first day 
 of January, One Thousand Eight Hundred and Twenty Seven, and 
 after that period to be paid in equal Quarterly Payments. 
 
1827.] BERMUDAACTS. 163 
 
 IV. And be it, &c., that when and as often as the Inhabitants vestryofst. 
 and Freeholders of the said Parish of Saint George assembled in full ^royiielol 
 Parish meeting in consequence of proper notice for that purpose to be ^"^alisaiar 
 given, shall by vote freely and voluntarily fix on any Incumbent fixed on any 
 thereof during his continuance to hold the living within the same, an byTh" i™ 
 annual sum of Money in addition to the stipend by this Act fixed and andFr"*/- 
 allowed, and such vote shall be entered in the parish records, together holders. 
 with the terms and conditions, if any, wherein the same shall be 
 granted : it shall and may be lawful for the Vestry or assessors of such 
 Parish to provide for and enforce the payment of such additional 
 Salary in the like manner with other parochial charges. 
 
 V. And be it, &c., that the sum hereby fixed and allowed for the |™w''ed?and 
 Incumbent of the »aid Parish of Saint George, together with such f"* addi- 
 
 ,,.. 1 (. . . iiiTiii •! clonal sums 
 
 additional sum as may irom time to time be allowed by tne said as may be 
 Parish, shall as respects any future Incumbent thereof, be as and for, the'parish— 
 and in lieu of all and every other sum of Money which such future ^"fafilJlheT 
 Incumbent would otherwise be entitled to receive out of the Public '"Z?^ '" 
 Treasury, or to have raised for him by assessment in the said Parish, incumbent 
 by the Act entitled " An Act for settling a yearly revenue upon the ^^fntSiTd^* 
 Ministers of these Islands," or by the Act entitled " An Act for in- 5,"^ "4?^ or 
 creasing the salary of the Minister of Saint Georges," or by any from me' 
 other Act in the like case made and provided. '"'™''' 
 
 VI. And be it.furtlier enacted, &c., that this Act be in force for J'"™""'^- 
 and during the continuance of the Act entitled, " An Act for increas- 
 ing the number of Clergymen within these Islands, " and no longer. 
 
 [Continued and amended by Act of 1850, No. 2,] 
 
 AN ACT Declaring the Extent of Privilege to which Members of 
 the Legislature are entitled in Civil Suits. 
 
 [21 February, 1827.] 
 
 WHEREAS Doubts have been entertained of the extent of priviledge preamble, 
 to which the members of the Legislative Council and of the House of 
 Assembly in these Islands are entitled in civil suits, and it is expe- 
 dient to define the same : 
 
 I. "We, &c., and be it declared and enacted, &c., that the Members Members of 
 of your Majesty's Legislative Council and the Members of thePIouse u^^e^jj^o^ncQ 
 of Assembly in these Islands shall be liable to be sued and proceeded andAssem- 
 against in all civil suits either in any Court of Common Law or equity be^sue^d a°s ° 
 in these Islands, by similar process and in manner and form as any "^ns^ butit, 
 other person or persons not a Member or Members of the said Legis- ^'^'^^ '*"* 
 
 • -1 T-»'777 !•(* Tiri jy 1 session, or 
 
 lature is, are or may be : Provided always, that it any JViember 01 tne witMn forty 
 Legislative Council or of the House of Assembly during the Contin- „ afte?the^ 
 uance of the Session of the General Assembly, or within forty days fuauy°ir^° 
 before or after such Session, shall be actually arrested or taken into rested^upon 
 Custody upon any process of a civil nature issued out of any Court TJir^is^^ ' 
 of Law or Equity in these Islands, application may be made to any '='>*''b«*- 
 
164 
 
 BERMUDA ACTS, 
 
 [1827. 
 
 Judge or Justice of the Court from wliicli such process issued, and 
 upon proof being made to the satisfaction of such Judge or Justice, 
 that the person so arrested or taken into Custody is a Member of the 
 Legislative Council or of the House of Assembly as aforesaid such 
 Judge or Justice shall order such person to be forthwith discharged 
 Penalty on out of Custody and all the Proceedings to be void, — And the Officer 
 so arresung. SO arresting or taking such person into Custody shall forfeit and pay 
 to the party grieved the sum of Five Hundred Pounds to be recov- 
 ered by action, bill, plaint or information in any Court of Record in 
 these Islands, wherein no essoin, wager of Law or protection shall be 
 allowed. 
 
 AN ACT To revive the Act entitled " an Act for the ascertaining 
 the Rate of Interest of Money in these Islands, and for restrain- 
 ing the taking of excessive losury in the loan of Money on any 
 Contract whatsoever^'' so much thereof as merely relates to the 
 quantum of Interest in such Act mentioned or authorized to he 
 taJcen, excepted, and fixing in lieu or in the stead thereof a differ- 
 ent rate of Interest, 
 
 [23 March, 182f.] 
 
 Preamble. 
 
 Act of 1760 
 continued, 
 except as to 
 the I'ate of 
 interest, 
 which is to 
 be five per 
 cent, on 
 future con- 
 tracts. 
 
 WHEEEAS the Act entitled " an Act for the ascertaining the 
 rate of Interest of Money in these Islands, and for restraining the 
 taking of excessive usury in the loan of Money on any Contract what- 
 soever," although from time to time prolonged is now expired. And 
 whereas it is deemed expedient to revive the said Act in all its parts, 
 except so much thereof as relates to the rate or quantum of Interest 
 therein mentioned, or which was thereby authorised to be demanded 
 and received : 
 
 I. We, &c., and be it enacted, &c., that the said Act entitled " an 
 Act for ascertaining the rate of Interest of Money in these Islands, 
 and for restraining the taking of excessive Usury in the loan of Money 
 on any Contract whatsoever," be and the same is hereby declared to 
 be revived and in full force for and during the term of Ten Years 
 from and after the passing of this Act, and thence to the end of the 
 ]iext session of the Legislature of these Islands, except so much 
 thereof as fixes or declares the interest to be at and after the rate of 
 seven per Cent per annum, in lieu or instead whereof it is hereby 
 enacted and declared that it shall be unlawful to demand or receive 
 upon any Bonds, Notes, Specialties, Mortgages, Securities, Covenants, 
 or Contracts wliatsoever, made, given, or entered into, from and after 
 the passing of this Act, upon which Interest is payable, any greater 
 or larger interest for and during the Term of Ten Years from and 
 after the passing of this Act, and thence to the end of the next Ses- 
 sion of the Legislature of these Islands, than at and after the rate of 
 Five Pounds per Year for every Hundred Pounds, and at and after 
 the same rate for a greater or less sum. 
 
 [Contmued by Act of 1857, No. 24, to the end of 186Y.] 
 
1827.] BERMUDA ACTS. 165 
 
 AN ACT to cmthoHze and require the Publication of the Titles and 
 
 Jiv/ration of Acts. 
 
 [6 June, 1827.] 
 
 WHEREAS no particular mode is pointed out by which notifica- 
 tion may be given to the Public of the passage of Acts of the Legis- 
 lature : 
 
 I. We, &c., and be it enacted, &c., that the Colonial Secretary 
 
 be, and he is hereby authorized and required immediately after the duration of 
 passing of this Act, to cause to be inserted in the public News-papers ZXl^^t 
 of these Islands, for three successive times, the Title and duration of ■'^•'^'i '" "■= 
 any and every Act which has passed the Legislature in its present three ttmes, 
 Session, and also the title and duration of any and every Act, which expenfe"''''" 
 shall pass this, or any future Legislature, immediately on the passing 
 thereof. 
 
 II. And be it further enacted, that the expence arising under this 
 Act be provided for, as the other contingent charges of Government. 
 
 AJSi ACT to prevent the abatement of Suits at Law in certain Oases. 
 
 [27 July, 1827.] 
 
 WHEREAS it is desirable to prevent the abatement of Suits at preamble, 
 law by the death of parties in certain cases hereinafter mentioned : The death of 
 
 any party to 
 
 I. We, &c., and be it enacted, &c., that in all actions, personal, between"' 
 real or mixed, in any Court of Record in these Islands, the death of Judgmtnt!* 
 either party between the verdict and the judgment shall not be al- ^Jj^'"-",* 
 leged for error, so as such judgment be entered within Six Calendar Judgment 
 months after the verdict. MthSis'ix 
 
 months after 
 
 II. And be it, &c., that in all actions commenced, or to be com- 
 menced, in any Court of Record in these Islands, if the Plaintiff or die^afteHn^ 
 Defendant happen to die after.interlocutory and before final judgment, and°before' 
 the action shall not abate by reason thereof, if such action might have fln^' J^^k- 
 
 . . 1-. T ..-.-, . 1 T-,^ ment, the 
 
 been originally prosecuted or maintained by or against the Executors Action is not 
 or Administrators of the party dying ; but the Plaintiff, or if he be maint^^n-'' 
 dead after suchinterlocutory judgment, his Executors or Administrat- agdn^stExe- 
 ors shall and may have a scire facias against the Defendant, if living, cutore or Ad- 
 after such interlocutory judgment, or if he died after, then against his 
 Executors or Administrators, to shew cause why damages in such 
 action should not be assessed and recovered by him or them ; and if 
 such Defendant, his Executors or Administrators, shall appear at the 
 return of such Writ, and not shew or alledge any matter sufficient to 
 arrest the final judgment, or being returned warned, or that the De- 
 fendant, his Executors or Administrators, had nothing whereby to be 
 summoned, or could not be found in the said Islands, shall make de- 
 fault, that thereupon an inquiry of damages shall be awarded and had 
 
166 
 
 BERMUDA ACTS. 
 
 [1827. 
 
 In any Ac- 
 tion com- 
 menced by, 
 or against 
 two or more 
 plaintiffs or 
 Defendants, 
 if one or 
 more of 
 them die, 
 and ttie 
 cause of Ac- 
 tion shall 
 survive, — 
 the Action 
 shall not 
 abate. 
 
 in the usual manner in cases of Judgment by default where damages 
 are recoverable, which inquiry of damages being executed, judgrnent 
 final shall be given for the said Plaintiff, his Executors or Adminis- 
 trators prosecuting such Writ or Writs of Scire facias against such 
 Defendant, his Executors or Administrators respectively. 
 
 III. And be it, &c., that in all personal actions commenced, or 
 to be commenced, in any Court of Record in these Islands, if there be 
 two or more Plaintiffs or Defendants, and one or more of them die, 
 if the cause of action shall survive to the surviving Plaintiff or Plaint- 
 iffs, or against the surviving Defendant or Defendants, such action 
 shall not be thereby abated ; but such death being suggested on the 
 Record and entered with the Clerk or Prothonotary of the Court, the 
 action shall proceed at the suit of the surviving Plaintiff or Plaintiffs 
 against the surviving Defendant or Defendants. 
 
 AN ACT Repealing all Acts of the Legislature of these Islands^ 
 relating to, or jjroviding for the Payment of Persons attending 
 as Jurors and Constables on the Gowrts of King^s Bench amd 
 Cominon Pleas, or General Assize, a/nd for making the payment 
 to Jurors and Gonstdbles more general. 
 
 [1 August, 182'?.] 
 
 Preamble. 
 
 Acts provid- 
 ing for the 
 payment of 
 Jurors and 
 Constables 
 attending 
 the Courts, 
 repealed. 
 
 Day pay of 
 Jurors 
 and Con- 
 stables at- 
 tending the 
 Courts. 
 
 Judges to 
 certify pay 
 Liste. 
 
 WHEREAS the Act, entitled " An Act making provision for the 
 speedy payment of persons attending as Jurors and Constables, on 
 the Courts of King's Bench and Common Pleas," which was prolonged 
 by a subsequent Act or Acts, now expired or about to expire. And 
 Whereas the said Acts, although of too limited a nature, have been 
 found productive of the most salutary effects in dispatching the busi- 
 ness of the said Courts ; And Whereas it is deemed expedient to sub- 
 stitute an Act providing as well for the payment of persons attending 
 as Jurors and Constables on the Court of Quarter Sessions, as to those 
 of the said Courts of King's Bench and Common Pleas or General 
 Assize, in lieu of those Acts hereby repealed. 
 
 I. We, &c., and be it enacted, &c., that the before mentioned 
 Acts, and all other Acts of the Legislature of these Islands, relating 
 to, or providing for the payment of Jurors and Constables attending 
 on the Courts of King's Bench and Common Pleas or General Assize, 
 shall be and the same are hereby repealed. 
 
 n. And be it, &c., that from and after the passing of this Act, 
 every person who shall either as a Juror or Constable, serve or attend 
 on the respective Courts of King's Bench or General Assize, or on 
 the Court of Quarter Sessions shall be entitled to receive the sum of 
 Thieteen Shillings and Foue Pence, for each and every day he or 
 they shall so serve or attend on the said Courts respectively. 
 
 III. And be it, &c., that as soon as any Juror or Constable who 
 shall have attended on either of the said Courts shall be regularly dis- 
 charged therefrom respectively, the Chief Justice or Justices of the 
 said Courts of King's Bench or General Assize, or the Chairman or 
 
1828.] BERMUDAACfS. 167 
 
 Justices of tlie said Court of Quarter Sessions shall be authorized, and 
 the same are hereby declared to be fully authorized and are required 
 to grant or deliver unto such Juror or Jurors, and Constable or Con- 
 stables so discharged a Certificate or Certificates subscribed by such 
 Chief Justice or Justices of the said Courts of King's Bench or Gen- 
 eral Assize, or the Chairman or Justices of the said Court of Quarter 
 Sessions, clearly specifying the time or number of days which such 
 Juror or Jurors, and Constable or Constables may in either of such 
 capacities have attended on the said Courts respectively. 
 
 IV. And be it, &c., that upon the production to the Public J^t''/,PjJ^'* 
 Treasurer of these Islands of any such certificate or certificates so as Treasury, 
 aforesaid directed, to be made and granted, it shall and may be lawful 
 
 to and for the said Public Treasurer, and he is hereby required to pay 
 out of the Public Treasury of these Islands the Sum of Thirteen Shil- 
 lings and Four Pence to each and every Juror and Constable for 
 every day he or they shall appear by such certificate or certificates to 
 have attended as aforesaid, on the said respective Courts. And in 
 order to prevent a want of means to discharge the same, the said pub- 
 lic Treasurer is hereby authorized and required to retain or reserve in 
 due season, out of any monies by him received belonging to the Pub- 
 lic, a sum suflSicient for the purpose. 
 
 V. And be it, &c., that this Act shall be and continue in force for Duration, 
 and during the term of Ten Years, and no longer. 
 
 [Amended and continued by Act of 1853, No. 1, to the end of 1863.] 
 
 AN ACT to Prevent the Interment of Corjpses within the Churches 
 
 of these Islands. 
 
 [2 December, 1828.] 
 
 WHEREAS it is thought that the Burying of Corpses within the Preamble. 
 Churches of these Islands is improper, and may endanger the health 
 of those who frequent the same : 
 
 I. We, &c., and be it enacted, &c., that from and after the Pass- Penalty oa 
 ing of this Act, no Corpse whatever shall be Interred in any Church anTcorpse 
 within these Islands, and that any Person concerned in such Interment j?^^°y^ 
 shall be subject to a Penalty of One Hundred Pounds, to be recovered 
 by the Church Wardens of the Parish where such Interment shall be 
 made as debts not exceeding Forty Shillings are recoverable and ap- 
 plied to the use of said Parish, any law, usage, or custom to the con- 
 trary notwithstanding ; And that it shall be lawful for such Church 
 Wardens, and they are hereby required to cause any Corpse so in- 
 terred, to be removed and Buried in the Church Yard of the Church 
 wherein such interment shall have been made; and that any Church corpse to be 
 Wardens, as aforesaid, who may neglect to cause any Corpse so in- [h^chmc'tf 
 terred to be removed and buried in the Church Yard as aforesaid, wardens. 
 shall be subject to the Penalty of One Hundred Pounds, to be recov- 
 ered by any person Suing for the same as debts of Forty Shillings are 
 
168 
 
 BERMUDA ACTS. 
 
 [1829. 
 
 recoverable, and applied to the use of the Parish where such interment 
 shall have been made, and that the expence attending the removal of 
 any Corpse as aforesaid shall be paid by the Parishioners of the Par- 
 ish where such removal shall take place. 
 
 AN ACT to amend an Act entitled " An Act to repeal an Act, (&c., 
 cfcc, and for the further better and more complete Establishment 
 and regulation oj the Cou/rts of Judicature within these Islands^ 
 
 [23 January, 1829.] 
 
 Preamble. 
 
 In all cases 
 in which the 
 Chief Jus- 
 tice is a 
 party, or 
 disabled 
 from attend- 
 ing by 
 sickness, the 
 two Assist- 
 ant Justices 
 shall hold 
 the Court. 
 
 WHEEEAS by the Act entitled " .An Act to repeal, &c., &c., and 
 for the further, better, and more complete Establishment and Eegula- 
 tion of the Courts of Judicature within these Islands," no provision is 
 made for the Assistant Justices of the Court of General Assize to hold 
 the said Court in certain cases in which the Chief Justice either can- 
 not or ought not to sit and preside in the said Court, and the said Act 
 requires therefore to be amended in that respect : 
 
 I. "We, &c., and be it Enacted, &c., that in all cases to be brought 
 before the said Court of General Assize, of whatever kind or nature 
 soever, in which the Chief Justice for the time being shall be a party, 
 and also in all cases in which he shall be disabled by sickness from 
 attending the said Court, the Two Assistant Justices for the time be- 
 ing of the said Court shall hold the same in like manner as they are 
 by the said Act required to do, during the absence of the Chief Jus- 
 tice, or if the Office be vacant. 
 
 AN ACTyb/" regulating the Fronts of Streets in tlie Town of Hamilton. 
 
 [23 January, 1829.] 
 
 Preamble. 
 
 WHEEEAS by an Act of the Legislature of these Islands, passed 
 in the Year of Our Lord One Thousand Seven Hundred and Ninety, 
 entitled " An Act to vest certain lands and tenements in His Majesty, 
 his Heirs and Successors for the use of the Township of Hamilton, to 
 declare the mode of laying out the said Township and selling the Lots 
 within the same ; and to fix the time when a collection of trade shall 
 be effected within the limits thereof," it was among other things 
 enacted that the Commissioners therein named should be empowered 
 to lay out the lands within the limits of the said Township into Lots 
 agreeably to a plan approved by the Legislature and delivered to 
 them for that purpose, and that the purchasers of Lots should in the 
 conduct of improvements to be made thereon, conform to such gen- 
 eral regulations to be founded upon simple and ceconomical principles 
 as should be necessary to preserve an uniformity in the fronts of Streets 
 and give to the said Town a decent and advantageous appearance. 
 And Whereas the functions of the said Commissioners have long 
 since ceased, and the said Town has been incorporated by an Act of 
 
1S29.] BERMUDA ACTS. 169 
 
 the Le^slature of these Islands passed in the Year One Thousand 
 Seven Hundred and Ninety Three. And Whereas it appears to have 
 been generally understood that the said Commissioners had estab- 
 lished a general regulation with regard to the Front or Southern 
 Street of the said Town next the water, that the proprietors of the 
 Lots in that Street were to build so as to leave an area or gallery 
 space of nine feet in width, between the fronts of their Houses and 
 the boundary of the said Street, which area was to be reserved for the 
 building of open galleries and for convenient passages, stairs and en- 
 trances to the said Houses, and such supposed regulation has been 
 generally complied with and is found convenient and advantageous, 
 but no record of such regulation can be found among the proceedings 
 of the said Commissioners. 
 
 I. We, &c., and be it enacted, &c., that after the passing of this J^^^?™"" 
 Act no person shall erect any Stone building within the distance of any stone 
 nine feet from the Street upon any Lot bounding on any of the streets w™h£°nine 
 running in an Easterly and Westerly direction in the said Town, nor l^^sli^t. 
 in the Front Street except in a range with the Houses already built 
 in front of which has been left a space of nine feet as aforesaid ; pro- proviso. 
 vided al/ways that it may be lawful for the said Mayor, Aldermen and 
 Common Council, if they see fit, to authorize any person desirous 
 merely of enclosing his Lot, with Stone, to put up such enclosure not 
 exceeding Ten feet in height, and that such wall or enclosure shall 
 not be added to, nor built upon, for any other purpose whatever, and 
 further provided that such enclosure does not border upon the Front 
 or Southern Street. 
 
 H. Ajstd Whereas at the time of the sale of Lot number One Exception 
 Hundred and Twenty, of the Front Street of the said Town of Hamil- No.i2o°of 
 ton by the Commissioners under the said Act passed in the Year One l^ree™"' 
 Thousand Seven Hundred and Ninety, certain buildings were erected 
 upon the said Lot number One Hundred and Twenty, which were 
 sold with the same, therefore be it further enacted, &c., that the said 
 Lot number One Hundred and Twenty, and all buildings already 
 erected, or which may hereafter be erected upon the same, shall be 
 deemed to be and the same hereby are excepted out of the operation 
 of this Act. 
 
 in. And be it, &c., that if any person or persons after the pass- Penalty. 
 ing of this Act, shall erect any Stone building within the distance of 
 Nine feet from the Street upon any Lot, or upon any of the Streets 
 running in an Easterly and Westerly direction in the said Town, or 
 in the Front Street, otherwise than is herein above prescribed other 
 than such enclosures permitted as aforesaid, such person shall forfeit 
 and pay the sum of Fifty Pounds of current money of these Islands, 
 to the said Mayor, Aldermen and Common Council to be by them Prohibited 
 recovered together with their costs of suit in any of the superior may'^be^pre- 
 Courts of record in these Islands, and also that any such building so c^u't"'' 
 erected, may be indicted and abated as a nuisance. And also that chancery. 
 the erecting, or proceeding with any such building, may be prevented 
 and restrained by the Court of Chancery in and for the said Islands. 
 
 [This Act repealed, except as to the Front Street, by Act of 1843, No. 13.] 
 22 
 
no BERMUDA ACTS. [1830. 
 
 AIS" ACT relative to the conviction of Offenders transjported to these 
 Islands from Or eat Britain, and other parts of His Majesty's 
 Dom/mions. 
 
 [13 April, 1830.] 
 
 Preamble. WHEREAS by An Act of the Imperial Parliament passed in the 
 
 Sixth Year of His Majesty's Eeign intituled " An Act for punishing 
 Offences committed by Transports kept to labour in the Colonies, and 
 better regulating the powers of Justices of the Peace in IfTew South 
 Wales," it is, among other things, enacted that every offence com- 
 mitted by any Male Offender kept to labour in any part of His Majes- 
 ty's Dominions out of England under and by virtue of the provision 
 of an Act intituled " An Act for the transportation of Offenders from 
 Great Britain" — whether such Offence shall be Treason, felony or 
 misdemeanoui-, by the Law of England, shall be an offence of the 
 same quality, degree and denomination, and shall be attended with 
 the same punishment and consequences wheresoever such offence shall 
 be committed by such male Offender, while so kept to labour as afore- 
 said, as if the same were committed within England — with a proviso, 
 nevertheless, that nothing therein contained should extend to any 
 Offenders under Sentence of Transjiortation in New South Wales or 
 Van Dieman's Land, or any Islands adjacent thereto. And whereas 
 by the said Act intituled " An Act for the transportation of Offenders 
 from Great Britain " it is, amongst things, enacted in reference to 
 such Transports kept to labour as aforesaid, " That the Clerk of the 
 Court, or other Officer having the custody of the Records of the Court, 
 where such sentence or order of Transportation or banishment shall 
 have been passed or made, shall, at the request of any person on His 
 Majesty's behalf, make out and give a Certificate in writing, signed 
 by him, containing the effect and substance only (omitting the formal 
 part) of every Indictment and conviction of such offender, and of the 
 Sentence or order for his or her Transportation or banishment, which 
 Certificate shall be sufficient evidence of the conviction and sentence 
 or order for the transportation or banishment of such offender ; and 
 every Certificate, if made by the Clerk or Officer of any Court in 
 Great Britain, shall be received in evidence, upon proof the Signature 
 and official character of the person Signing the same ; and every such 
 Certificate, if made by the Clerk or Officer of any Court out of Great 
 Britain, shall be received in evidence if verified by the Seal of the 
 Court or by the Signature of the Judge or one of the Judges of the 
 Court without further proof," and whereas various instances have 
 occurred of offences committed by Some of such transported Convicts 
 ■within these Islands wherein the evidence hereinabove mentioned has 
 not been producible, and other Similar cases may occur, in conse- 
 quence whereof crimes of the most heinous and dangerous nature may 
 either remain altogether unpunished, or the punishment thereof may 
 be so delayed as to fail in great measure of any salutary effect ; and 
 whereas it has therefore become of the utmost importance that such 
 deficiency of Evidence should be supplied. 
 
1830.] BERMUDA ACTS. 171 
 
 I. We, &c., and be it enacted, &c., that every person now, or Every per- 
 who hereafter during the continuance of this Act shall be within these e?e/o"Ie- 
 Islands who may have been delivered or received or may be now l^l^f^"^ 
 treated or who may hereafter be delivered received or treated within Bermuda as 
 these Islands as a transported Convict from Great Britain shall, upon Itom^^' 
 any prosecution against him for any offence against any Statute or Muin"*' 
 Statutes of the Imperial Parliament, or any law extended by any "^^f^^^^^l°/ 
 Statute or Statutes of the Imperial Parliament to Transports kept to against him, 
 labour in the Islands of Bermuda, be deemed to be Offenders kept to to'b^e^an'"' 
 labour in these Islands by virtue of the aforesaid Act intituled " An Je™ to'ia- 
 Act for the Transportation of Offenders from Great Britain " — upon bo^r here 
 proof of his having been, or being so delivered, received or treated, statute. " 
 although the evidence contemplated by the aforesaid Statute passed 
 
 in the fifth Year of His present Majesty's Eeign, Chapter Eighty-four, j,^^^. ^^^ 
 Section twenty-four, be not produced. victtrans- 
 
 "^ ' -^ ported 
 
 II. And Whereas offenders have been or may be delivered and otter parts 
 received at the Convict Establishment within these Islands as trans- Dominions, 
 ported Convicts from other parts of His Majesty's Dominions, and the'term'of 
 whereas also it may be sometimes impracticable to return to the ^^^T^5'^'_ 
 places whence they were transported or to which they may be liable ana every 
 to be sent, Convicts banished to these Islands immediately upon the mahjng'^" 
 expiration of the terms of their banishment, be it further enacted, that Jif' ^ ^^^' 
 
 r~i * TTTiTp 1 n "^ expira- 
 
 every Convict so transported to these Islands from any other part oi tionofiiis 
 His Majesty's Dominions shall, during the term of his Transportation, transporta- 
 and also every Convict whether transported from Great- Britain or any as to of?"' 
 other part of His Majesty's Dominions, who shall remain within these ^;°''^^''^., 
 Islands after the expiration of the term of his transportation, shall, ted,becon- 
 during his continuance therein be considered in every respect on the co™^:t^°* 
 same footing as to any offence by him committed as Convicts trans- fJom Gre^at* 
 ported from Great Britain, whose terms of transportation have not Britain 
 expired : and that the fact of his being a Convict shall be established LsTot e™ 
 in the same way as is herein provided respecting Convicts transported f^fibe fact 
 from Great Britain. "'^ *™b 
 
 a Convict, 
 _^_^ be estab- 
 
 III. And Whereas since there has been a Convict Establishment f^^^^^^y^^ 
 in these Islands it has happened, and may again happen, that the terms as aforesaid. 
 of transportation of several Convicts have expired, and may again 
 expire, without there being a Vessel going to England, or other place ^i^tl^iS' 
 to which they may be liable to be returned or sent, in which he or certain cir- 
 they may be sent back, when it would be highly inexpedient for the claiming to 
 said Convict or Convicts to be landed or allowed to be and remain, at charged un- 
 large in these Islands ; be it therefore further enacted, that whenever ^"^/^"^ 
 any Convict so circumstanced shall be brought up by Writ of Habeas shaii be're- 
 Oorpus before any Court or Judge in these Islands, upon the ground 
 
 of his being entitled to go at large on account of the expiration of his 
 or her term of transportation, it shall be the duty of such Court or 
 Judge to remand such Convict into the custody in which he or she 
 actually was when he or she was so brought up by Habeas Corpus. 
 
 IV. And be it further enacted, that if at any time any Con- Any Convict 
 vict who has been or may be transported to these Islands from and ftom thr** 
 after the passing of this Act, be discharged from any such Convict fa™i5hment 
 Establishment and shall be found at large within these Islands, it shall &nd found 
 
172 
 
 BERMUDA ACTS 
 
 [1830. 
 
 at large 
 here, may 
 be con- 
 veyed back 
 to such . 
 Convict Es- 
 tablishment, 
 until he can 
 be sent to 
 the place to 
 which he is 
 liable to be 
 returned. 
 
 Penalty on 
 any over- 
 seer, or per- 
 son in 
 charge of 
 any Convict 
 discharging 
 him, within 
 these Is- 
 lands. 
 
 Duration of 
 this Act. 
 
 be lawful for any one or more Justices of the Peace, and he or they 
 are hereby required upon due proof thereof, by "Warrant directed to 
 any Constable or Constables to remove and convey, or cause to be 
 removed and conveyed, such Convict to the Convict Ship or Establish- 
 ment from which such Convict may have been discharged, there to be 
 kept until he or she can be sent to the place from whence he or she 
 may have been transported, or to which he or she may be liable to be 
 returned : and that it shall be the duty of the Overseer or other Officer 
 in charge of any such Convict Ship or Establishment to receive such 
 Convict, and to keep him or her until he or she can be so returned as 
 aforesaid. 
 
 V. And whereas the discharge of such Convicts within these 
 Islands cannot but be attended with the most serious evil not only to 
 the community in general, but to the convicts themselves who may be 
 so discharged : be it further enacted, that it shall not be lawful 
 for any Overseer, or other person having the charge, control, or man- 
 agement of any such Convicts, to discharge any of them within these 
 Islands, on any pretence whatsoever, under the penalty of one hundred 
 pounds to the King, for each person so discharged, for and towards 
 the support of the Government of these Islands. 
 
 VI. And be it further enacted, that this Act shall be in force 
 for and during the term of one year and until the end of the next Ses- 
 sion of the Legislature thereafter : unless before the expiration of such 
 time it shall appear to be repugnant to any Act of the Imperial Par- 
 liament passed or to be passed ; always provided, that this Act may 
 be altered, amended, or repealed, at any time during the present 
 Session. 
 
 [Continued in force, with Amendments, by Act of 1858, No. 11, to the end of 1868, 
 See also Acts of 1845, No. 7; and 1846, No. 11.] 
 
 AN ACT to extend to these Islands the English Statutes of Habeas 
 
 Corpus. 
 
 [13 April, 1830.] 
 
 statutes of 
 81 Car. 11. c 
 2. 48 Geo. 
 III. c. 140. 
 44 Geo. HI. 
 c. 102. and 
 66 Geo. III. 
 c. 100 ex- 
 tended to 
 Bermuda. 
 
 WHEEEAS it is deemed expedient to extend to this Colony the 
 force, effect, and operation of the English Habeas Corpus Acts : 
 
 I. We, therefore. Your Majesty's most dutiful and loyal Subjects, 
 the General Assembly of these your Majesty's Bermuda or Somers' 
 Islands, do most humbly beseech Your Majesty that it may be enact- 
 ed; and be it enacted by Your Majesty's Governor, Council and As- 
 sembly, and it is hereby enacted and ordained by the authority of the 
 same, that from and after the passing of this Act, the English Stat- 
 utes made and passed in the thirty-first year of the reign of his 
 Majesty Charles the Second, Chapter two, (commonly called the 
 Habeas Corpus Act,) in the forty-third year of His late Majesty 
 George the Third, chapter one hundred and forty, in the forty-fourth 
 year of His said late Majesty George the Third, chapter one hundred 
 
1830.] BERMUDA ACTS. 173 
 
 and two, and in the fifty-sixtli year of His said late Majesty George 
 the Third, chapter one hundred, (being to alter and amend the said 
 Habeas Corpus Act,) be in full force and operation in these Islands, 
 mutatis mutcmdis. 
 
 AN ACT To authorise the Valuation of a certain Lot of Land 
 called Traille's, in Saint George's, and to vest the sarnie in the 
 Crown . 
 
 [20 April, 1830.] 
 
 WHEHEAS it appears that a certain portion of Land in the preamble. 
 Parish of St. George, whereof a plot has been laid before the House 
 of Assembly by direction of His Excellency the Governor, is required 
 by His Majesty's Government for certain additions thought necessary 
 to the defences at the Barrack Hill in the said Parish ; and whereas 
 such portion of land forms part of a Lot which appears to have been 
 granted in the yea#one thousand seven hundred and eighty-one to the 
 Honorable Robert Traille, then Collector of His Majesty's Customs, 
 by the Honorable George Bruere, then Lieutenant Governor and 
 Commander-in-Chief of these Islands : — And whereas upon the sup- 
 position of the said land having escheated to the Crown, small por- 
 tions thereof have from time to time been granted by one or more 
 Governors of these Islands : — and whereas although no person has 
 appeared as owner of said land so granted to the said Robert Traille, 
 for a series of years, yet it may possibly happen that an heir of, or 
 some other person claiming under, the said Robert Traille may at 
 some future time make claim thereto, and it is expedient therefore 
 for His Majesty's Interest that the value of such land, so required as 
 aforesaid, should be ascertained, before the same be vested in the 
 Crown : 
 
 I. We, &c., and be it enacted, &c., That any two Justices of the Jurors to 
 Peace for the said Parish of St. George, upon the written requisition ^Icompense 
 of the Commanding Officer of Engineers for the time being within for'thrialTa. 
 these Islands, shall summon by precept under their hand and seal, 
 directed to any Constable, twelve good and lawful men as Jurors, 
 whereof six at least shall be from the Parish of St. George, and such 
 Jurors shall, upon their oaths to be made before one or both such 
 Justices, assess such recompence to be made to any Claimant of such 
 portion of such Lands so granted, as aforesaid, to the said Robert 
 Traille, as has not been since granted, as aforesaid, upon the supposi- 
 tion of an Escheat, as aforesaid, in case any should hereafter establish 
 
 any legal right thereto, as they may, under all circumstances, think 
 proper and reasonable — and if any of the Jurors should be set aside 
 upon any ground of Challenge, or be disabled by sickness or other 
 cause from serving as Jurors, others shall be summoned in their place 
 in manner aforesaid. 
 
 II. And be it further enacted, that each of such Jurors shall be jurors' pay, 
 entitled to receive twenty shillings currency a day for each and every ^el"®"" 
 day's attendance on such Jury, and that the Fees of the Justices and 
 
174 BERMUDA ACTS. [1830. 
 
 Constables shall be such as are fixed by the Act entitled " An Act 
 fixing the rates of Fees," for similar duties. 
 
 hor°aid' ^^^- -^^^ ^® ^^ fiirther enacted, that the whole expence of Jurors, 
 
 ow pai . j^g|.jggg^ g^jj^ Corfstables, shall be paid by the said Commanding Officer 
 of Engineers, in the first instance, and that one half thereof shall or may 
 be deducted from the purchase money, if demand be eventually made 
 for the same on His Majesty's Government, by any person who may 
 establish any claim to the Land hereby directed to be valued as afore- 
 said ; which claim, in case of dispute, may be established in the same 
 
 Proviso. way as if this Act had not been passed : Always provided, that any 
 legal proceeding which may be had for the purpose of establishing 
 such claim, shall not have the effect of divesting any right by this 
 Act vested ; but merely to shew that the person prosecuting the same 
 is entitled to the estimated value of such land. 
 
 Plot and IV. And be it further enacted, that a Plot of such Land, made by 
 
 b'recoMed' the Surveyor General of Lands, with the valuation endorsed or written 
 and land ' thereou, and attested by the signatures of the Jury making such val- 
 Crown. nation, recorded in the Secretary's Office of theseWslands, or an au- 
 thenticated copy thereof, shall be held to be conclusive evidence of 
 the Land therein mentioned as having been valued being, upon such 
 record made, as it is hereby declared to be, vested in His Majesty, his 
 heirs and successors for ever for the public service. 
 
 Provision as V. Aud Whereas part of the general high-way at present runs 
 to Highway. ^j^j-Q^gij ^jjg portion of Land aforesaid, be it further enacted, that in 
 case the Land aforesaid be taken by virtue of this Act, and any alte- 
 ration of the course of such high-way shall become necessary, by 
 reason of any of the defences aforesaid, or other contemplated im- 
 provements, another good and sufficient road not less than twenty 
 feet wide, and if near the South Cliff, with a sufficient wall shall be 
 provided at the expence of His Majesty's Government; such road 
 being mad,e so as to connect the several parts of the said high-way, 
 which now leads to the Town Cut. 
 
 Oath 
 
 Jurors' VI. And be it further enacted, that the said Jury, previously 
 
 to entering upon such valuation, shall be severally, openly, sworn in 
 the following words : — ^I do solemnly swear that I will put such value 
 upon the Land which I am required to value, by the Act entitled 
 " An Act to authorize the valuation of a certain Lot of Land called 
 Traille's, in Saint George's, and to vest the same in the Crown," as 
 under all circumstances shall appear to me to be just and fair, accord- 
 ing to the best of my judgment. 
 
1831.] BERMUDA ACTS. 175 
 
 1831. No. 2. 
 
 AN ACT for fixing the period at which the Ads of the Legislature 
 shall commence in their operation. 
 
 [2 May, 1831.] 
 
 expressed. 
 
 "WHEEEAS Acts of the Legislature, unless otherwise expressed, Pfeambie. 
 are construed to commence in operation on the first day of the Session 
 in which they are passed, without regard to the day when they are 
 actually passed, whereby they may have a retrospective effect, and be 
 productive of inconvenience : 
 
 I. We, therefore, &c., and be it enacted, &c., that the mode hith- ^'l^^^^ 
 erto used and accustomed in the said Islands for your Majesty's Gov- from the 
 ernor, or other OflBcer administering the Grovernment, for the time teieluTta 
 being, to subscribe in writing, at foot of every Act assented to by ^rnormuUs 
 him, the day of such assent being given, be continued in future, and otherwise 
 that all Acts which may be passed in the present or any future Session '"""'"" 
 of Tour Majesty's Governor, Council and Assembly in these Islands, 
 shall, unless otherwise therein expressed, be deemed and taken to go 
 into operation from the day in the Session when they 'shall be sub- 
 scribed by Your Majesty's Governor, or other Officer administering 
 the Government, for the time being, as being assented to by him. 
 
 1831. No. 3. 
 
 AN ACT for granting Aid for the ErecUon of a New Church in 
 
 Warwich Pa/rish. 
 
 [4 June, 1831.] 
 
 WHEREAS a Petition has been presented from the Hector and preamble. 
 Inhabitants of Warwick Parish, setting forth that their Parochial 
 Church is old and decayed, and utterly inadequate in point of size to 
 the accommodation of the Parishioners and of the Slave and Free 
 population resorting thereto, and praying for assistance to erect a new 
 Church in its stead ; and whereas it is deemed expedient to grant the 
 prayer of the said Petition : 
 
 I. We, therefore, &e., and be it enacted, &c., that the Public ^gj^ 
 Treasurer be, and he is hereby authorized and required to pay to the aj^n'^*""' 
 Vestry of the said Parish, out of any unappropriated money in the nry in aid of 
 Public Treasury, the sum of Five Hundred Pounds, of Current Money «'«B""di''?- 
 of the said Islands, for the purpose of assisting the said Parish in 
 erecting a new Parochial Church therein. 
 
 II. And be it, &c., that the said Vestry of the said Parish be, and Ppiaa from 
 they are hereby authorized and required to apply any funds arising Li?ence3 "'' 
 from Licences granted for the Sale of Liquors within the said Parish, ^^l^il aw. 
 in aid of the said object. 
 
ne 
 
 BERMUDA ACTS. 
 
 [1831. 
 
 The present 
 Church may 
 be pulled 
 down, and 
 the mater- 
 ials appUed 
 in building a 
 new Church 
 on or near 
 the site of 
 the present 
 Church. 
 
 III. And be it, &c., that the Parishioners of the said Parish be, 
 and they are hereby authorized to build a new parish Church in the 
 said Parish on the site of the said Church, or as near thereto as con- 
 veniently may be, and for this purpose, if deemed advisable, to pull 
 down the present Church, and to apply the materials thereof in the 
 construction of the said new Church, or in other improvement con- 
 nected with the said Church. 
 
 1831. No. 6. 
 
 AN ACT for the Preservation of the Several Ha/rhors in these 
 
 Islands. 
 
 [4 June, 1831.] 
 
 Mayors, &c., 
 of Hamilton 
 and St. 
 George em- 
 powered to 
 remove 
 Hulks, 4c., 
 from their 
 Harbours, 
 
 Preamble. "WHEKEAS Laws heretofore enacted for the Preservation of the 
 
 several Harbours in these Islands have been found productive of bene- 
 ficial effects, but have been suffered to expire : — 
 
 I. We, therefore, &c., and be it enacted, &c., that the Mayor, 
 Aldermen and Common Council of the Towns of Hamilton and Saint 
 George, severally and respectively, shall have power when and as 
 often as they shall judge, or on complaint to them made, shall de- 
 termine that the hulk, wreck or remains of any vessel which hereafter 
 may be sunk or stranded, is prejudicial, or likely to become preju- 
 dicial to any or either of the Harbours of the Parishes of Pembroke 
 and Saint George, or to the Vessels or Boats resorting thither, to give 
 notice ther«»)f to the proprietor of such hulk, wreck or remains, or the 
 person who introduced the same, to remove the same within Thirty 
 Days, or some further reasonable time to be fixed by the said Mayor, 
 Aldermen, and Common Councjl respectively ; and in case of refilsal 
 or delay, to cause such hulk, wreck, or remains, to be removed from 
 such Harbour, in the most easy, cheap, and expeditious manner in 
 their power, by breaking up or otherwise disposing of the same as 
 they shall think fit, and to demand and have from the owner or pro- 
 prietor, of any such hulk, wreck, or remains, or the person who shall 
 introduce the same, the cost and charge of such removal, and to re- 
 cover the same, in case of refusal, in any Court in these Islands having 
 power to take cognisance of such action, by bill, plaint, or informa- 
 tion, wherein no essoin, protection, or wager of law, shall be allowed. 
 
 Expense of II. And in case any hulk, wreck or remains, is not owned, nor 
 TcTin^cer- shall have been introduced by any Inhabitant or resident of, or in 
 to^be""'!-' th®^^ Islands, or any person who shall have property in these Islands, 
 vided for by that might be attached to defray the expense of the removal ; and 
 theLegisia- ^^-j^^^ -^ ^^^^ ^^ ^ Vcssel being abandoned by the owner, or Master in 
 absence of the owner, in consequence of tempest, fire, or other acci- 
 dent, not proceeding from his default, or from the default of the 
 Master thereof, and which the Mayor, Aldermen and Common Coun- 
 cil of the Towns of Hamilton and Saint George respectively, deemed 
 prejudicial or likely to become prejudicial to either of the harbors of 
 the Parishes of Pembroke and Saint George, or to the Vessels or Boats 
 
1831.] , BERMUDA ACTS. 177 
 
 resorting tMther. — ^Be it further enacted, &c., that the Mayor, Alder- 
 men, and Common Council of the Towns of Hamilton and 'Saint 
 George respectively, shall have full power and authority to cause to 
 be removed any such hulk, wreck, or remains as aforesaid, and, if on 
 sale, or a fair valuation, the proceeds are unequal to the charge of 
 removing the same, to render an accoimt shewing such extra expense, 
 and report the same to the Legislature, to be provided for as other 
 contingent charges of the Government, but if the proceeds of such 
 hulk, wreck, or remains so removed, exceed the cost of removal, that 
 then the neat proceeds shall be paid into the hands of the Public 
 Treasurer, to be disposed of by the Legislature of these Islands. 
 
 III. And be it, &c., that the Mayor, Aldermen, and Common Expense in 
 Council of the Towns of Hamilton and Saint George, respectively, other cases, 
 shall, as often as they shall judge, or on complaint to them made, Jjfjelfor. 
 shall determine that the hulk, wreck, or remains of any vessel hereto- 
 fore sunk or stranded, is prejudicial, or likely to become prejudicial 
 to any or either of the Harbours within their respective jurisdiction, 
 give notice to the owner or proprietor thereof, if any, to remove the 
 same within thirty days, or some further reasonable time to be fixed 
 by them, the said Mayor, Aldermen and Common Council of the 
 Towns of Hamilton and Saint George, and if such Owner or Proprie- 
 tor does not comply with such requisition, that then the Mayor, 
 Aldermen, and Common Council of the Towns of Hamilton and Saint 
 George respectively, shall empower and authorize any other person to 
 remove the said hulk, wreck or remains at his own expense and for 
 his own benefit ; but in the event of no person undertaking, within 
 Sixty Days, to remove the same at his own expense, or no Owner or 
 Proprietor claiming the same being found, that then the said hulk, 
 wreck or remains, be removed at the public expense in manner afore- 
 said, authorized in the removal of any hulk, wreck or remains, not 
 owned or introduced by any inhabitant or resident of, or in these 
 Islands. 
 
 IV.* And Whereas the several Harbours within these Islands eMUng^m"- 
 have been in some measure injured by the Discharging of Ballast, ^^Jj^j^"J° 
 Rubbish, and Gravel into the same. In order therefore, to remedy orbeiow' 
 this inconvenience, be it, &c., that any person who shall from and mf^."*^' 
 after the passing of this Act, cast or throw, or cause to be cast or 
 thrown from any Ship, Yessel, or Boat, or from the Shore, any Bal- 
 last, Kubbish, or Gravel into any or either of the Harbours within 
 these Islands, or land or place any ballast, rubbish, or gravel on the 
 shore adjacent to such Harbours, or either of them, below high water 
 mark — ^to the prejudice of such Harbour—shall, for every such of- 
 fence forfeit and pay any sum not exceeding Five Pounds current 
 money, to be recovered by the Mayor, Aldermen, and Common Coun- 
 cil of the Towns of Saint George or Hamilton, as the case may be, or 
 by -any other person who shall sue for the same, in any Court of 
 Record within these Islands, one half of which fine shall be to the use 
 of the Person or Persons suing for the same, and the other half to 
 His Majesty, his Heirs, and Successors, to be disposed of by the 
 Legislature of these Islands. 
 
 w^^, 
 
 V. And be it, &e., that the Jurisdiction of the Mayor, Aldermen, jSldttfon 
 and Common Council of the Town of Saint George do extend to, and "' '*'^>'"'' 
 
178 
 
 BERMUDA ACTS, 
 
 [1831. 
 
 Similar 
 powers 
 Tested in 
 the Justices 
 of tlie 
 Country 
 parislies/ 
 
 Duration, 
 
 include the several Harbours contained in the Parish of Saint George, 
 and tTiat the Jurisdiction of the Mayor, Aldermen and Common 
 Council of the Town of Hamilton, do extend to, and include the sev- 
 eral Harbours contained in the Parish of Pembroke. 
 
 YI. And be it, &c., that the Justices or Justice of the Peace, 
 residing in the Parish of Hamilton, Smith, Devonshire, Paget, War- 
 wick, Southampton and Sandys' shall have the same power and 
 authority for the preservation of the several Harbours in His or their 
 respective Parish, as is by this Act conferred on the Mayor, Alder- 
 men, and Common Council of the Towns of Hamilton and Saint 
 George, over the Harbours of the Parishes of Pembroke and Saint 
 George. 
 
 Vn. And be it, &c., that this Act be, and continue in force for 
 and during the term of Seven Years, and then to determine and ex- 
 pire. 
 
 [Continued by Act of 1854, No. 2, to the end of 1864.] 
 
 1831. No. 7. 
 
 AN ACT to prevent the destruction of Ceda/r Trees. 
 
 [4 June, 1831.] 
 
 Preamble. 
 
 Penalty for 
 
 "WHEEEAS the Bermuda Islands have been found well adapted 
 for the growth of Cedar Trees, which afford the means of support to 
 many of the Inhabitants of Bermuda, therefore to prevent the destruc- 
 tion thereof : 
 
 I. "We, &c., and be it enacted, &c., that, from and after the pe- 
 uniawfviiiy rlod Specified in the last Section of this Act, any person who shall cut 
 Cedar Trees, dowu, damage or desti'oy any Cedar Tree growing or being on land 
 tlmA^ih not his or her own property, or in his or her legal possession, er shall 
 tools, ]3e found, without leave for that purpose first obtained, on land not 
 
 his or her own property, or in his or her legal possession, with an 
 Axe, Hatchet, or other Tool, shall be liable to be taken by the person 
 making the detection before any Justice or Justices of the Peace ; 
 and, on conviction thereof, shall forfeit and pay unto the owner or 
 possessor of such_ land treble the value of such damage as he or she 
 shall have committed, and all incidental charges, together with the 
 further sum of ten shillings as trespass or fine, (in lieu of all other 
 trespasses or fines) which are by any other law whatsoever already 
 imposed for having cut down, damaged or destroyed such tree, or for 
 having been found or detected, as aforesaid, on such Land : and in 
 case of refusal or neglect to pajy the same, that the Justice or Justices 
 having cognizance of such offence shall grant an execution for levy- 
 ing the amount of such treble damages, fine and charges ; and in case 
 any person convicted, as aforesaid, be unable to pay or discharge the 
 amount of such execution, that he or she be committed either to the 
 Watch House in the Parish, or to one of the Public Gaols in these 
 Islands, for any time not exceeding ten days, and also during such 
 imprisonment shall suffer corporal punishment, not exceeding thirty- 
 
1831.J BERMUDA ACTS. 179 
 
 nine lashes, or hard labour on the Treadwheel, or treadmill, not ex- 
 ceeding three spells of ten minutes each, with an interval of at least 
 two hours between each spell, if the Justice or Justices taking cogni- 
 zance of the offence shall see fit to order such corporal Punishment or 
 hard labour. 
 
 II. And be it, &c., that if any Tenant, or other occupier of lands, f™ant ra° 
 not duly authorized so to do, shall be convicted before any Justice of lawfully 
 the Peace of these Islands of cutting down, destroying, injuring or ceSf. 
 taking away, or wilfully permitting the cutting down, destroying, 
 injuring or taking away any Cedar tree or cedar fuel, such Tenant or 
 ■Occupier shall incur the penalty of Twenty shillings for each and 
 every Offence, besides treble damages to be recovered by the party 
 grieved, together with costs of prosecution, before any neighboring 
 Justice of the Peace. 
 
 III. And be it, &c., that any person who shall offer or expose to ^^",^'^°„° 
 sale, or who shall transport in a Boat, or along any of the Public sale, or 
 Eoads of these Islands, any cedar fuel, unless furnished with a Ticket cedT/fuei"^ 
 or permission in writing, made and dated on the day of the same Kckef * 
 being offered or exposed for sale, or transported or carried as afore- 
 said, granted and signed by some Freeholder or Householdei', from 
 whose land the same may have been cut or taken, or by some other 
 authorized person, acting on behalf of such Freeholder or House- 
 holder, shall incm- the penalty of Ten shillings, to be recovered, 
 together with costs of prosecution, before any neighbouring Justice of 
 
 the Peace, to be paid to the person who shall inform and sue for the 
 same ; and in default of payment thereof, such person so offending shall 
 be liable to suffer imprisonment with corporal punishment and hard 
 labour, as offenders are subjected to under the first clause of this Act. 
 
 IV. And be it, &c., that this Act shall commence in operation duration, 
 fifteen days after the same shall have been assented to by His Excel- 
 lency Jhe Governor, and shall continue in operation for and during 
 
 the space of Five Tears thence next following, and then to determine 
 and expire. 
 
 [By the Act of 1869, No. 4, this Act ia continued to the end of 1810 — and it is espe- 
 cially made the duty of Constables to enforce It.] 
 
 1831. No. 8. 
 
 AN ACT To Simplify and Amend the Mode of Proceeding in the 
 Court of General Assize. 
 
 [4 June, 1831.] 
 
 WHEEEAS it is expedient to simplify and amend in some respects 
 the mode of proceeding in the Court of General Assize established by 
 an Act of the Legislature in the Year of Our Lord One Thousand 
 Eight Hundred and Fourteen. 
 
 I. "We, Your Majesty's most dutiful and loyal subjects, the Gen- 
 eral Assembly of these your Majesty's Bermuda or Somers' Islands, 
 
 Preamble. 
 
180 BEEMUDAACTS. [1831. 
 
 do most humbly beseech Your Majesty that it ma;^ be enacted, and 
 be it enacted by Your Majesty's Governor,. Council^ and Assembly, 
 and it is hereby enacted and ordained by the authority of thesame, 
 that in all Personal Actions the first process after entry of action in 
 the Secretary's Office, in the manner heretofore accustomed, shall be 
 either a writ of capias ad respondendum or a Bill of privilege as 
 directed by the said Act, or a Writ of Summons in the following 
 form : — 
 
 Writ of Bermuda, Alias 
 
 summons. ci ^ t ^ 
 
 bOMEES ISLAlfDS. 
 
 William the Fourth, (or as it may be,) ly the Grace 
 of God, of the United Kingdom of Great 
 Britain and Ireland, Kvng, Defender of the 
 Faith, &c., &c., &c. 
 
 To our Provost Marshal General of our said Islands, Geeeting : — 
 
 We command you to Summon C. D., to ie and appea/r hefore 
 our Court of General Assize, on the (here insert the Return Day) to 
 answer K.'B., of a plea of trespass on the case on promises (or as it 
 may be) for iS 
 
 Witness the Honorable E. F., our Chief (or se- 
 nior Assistant) Justice of our said Cowrt, 
 this day of 
 
 in the Year of ov/r Reign, 
 
 and in the Year of our Lord 
 
 How served, which Said summons shall be signed by the Prothonotary and sealed 
 'See note A.) -^{i^ the Seal of the said Court, and shall be served upon the Defend- 
 ant by delivering a copy thereof to the Defendant personally or to 
 some white person at his or her most usual place of abode. 
 
 serviceupon 11. And bc it further enacted by the\uthority aforesaid,, that in 
 joint°con°" fill actions upon any joint Bond or obligation, Bill of Exchange, 
 tractors Promissory Note, written acknowledgment or open account in 
 be good which One or more of the Defendants shall have been served with a 
 the™he°3 Writ of Summons as aforesaid, and the officer by whom such Writ 
 absent. shall havc been served shall return and certify that the other Defend- 
 ant or Defendants therein named is or are not within these Islands, 
 such service shall be deemed good and sufficient service upon such 
 absent defendant or defendants : and that the Plaintiff may afterwards 
 proceed either by default or otherwise to Judgment and execution in 
 such manner as if each of the Defendants had been personally served 
 with such Writ. 
 
 III. And be it enacted by the authority aforesaid, that in all 
 cases after service of process, when the Defendant or Defendants or 
 any of them shall neglect to enter his, her or their appearance within 
 twenty days after the return of the Writ or Process, the Plaintiff 
 ^^ shall be entitled to Judgment by ^'^ nihil dicit:" and where in an ac- 
 hy Sd^ca. tion of Debt the Defendant is bound in foreign Money or in Goods, 
 Inquiry for (the valuc of wMch may be variable), or where in any action upon 
 Sgn'Moneyi the casc or other action. Damages only are to be recovered, the same 
 
1831.] BERMUDA ACTS. 181 
 
 shall be inquired of and assessed by a Jury at the Assizes or adjourned f^f^°^.' '"' 
 Court next following sucb default or at any subsequent Assizes, as ages- 
 shall be directed or appointed by the Court. 
 
 IV. And the Court in actions of debt and the Jury in assessing Rate of Ex- 
 Damages in contracts made for Sterling Money of Great Britain pay- how'asoer- 
 able in Great Britain or Ireland, shall reduce the same into current '»'"«<'• 
 Money according to the rate of Exchange then prevailing between 
 Bermuda and London, and the rate of exchange shall be decided 
 
 upon the evidence of two or more resident Merchants or other com- 
 petent persons summoned to attend the Court in a summary way on Factorage, 
 motion : and in such cases factorage or Commission shall also be i^^^f' 
 allowed when it appears that the same is actually incurred. 
 
 V. And be it enacted by the authority aforesaid, that all "Writs ^t^|'^"? 
 issuing out of 'this Court shall run in the King's name, and be under the name, how 
 seal of the said Court, and bear teste in Term, and in the name of the °°*'"'' 
 Chief Justice for the time being, or in case of his death, or absence 
 
 from these Islands or being a party to the suit, or the office being va- Tested. 
 cant, in the name of the senior assistant Justice of the said Court then 
 in these Islands and not aparty to the suit, and may include in one Writ 
 all the parties to the Suit; and shall be made returnable on the gene- ^^j^'*'"™' 
 ral Eeturn day next after the issuing thereof; except Writs of Venire 
 facias, which are to be returnable as herein after directed. Writs of 
 Subpoena which may be returnable as occasion shall require. Writs of 
 execution to be made returnable on the next or any Subsequent Ke- 
 turn Day ; Writs to be issued under the Act " for attaching the Money, 
 Goods, Wares, Merchandize, effects or personal estate of any person 
 or persons not residing in, or any Inhabitant or Inhabitants being 
 absent from these Islands," and all other Writs whatsoever in partic- 
 ular cases, when the Court may in a summary way on motion direct 
 them to be made returnable so as to meet the exigency of the case. 
 
 VI. And be it further %nacted by the authority aforesaid, that in witnesses 
 case any Witness or Witnesses in any civil case depending in the said partfordL- 
 Court shall be about to depart these Islands, or be disabled by sick- ^tte^din "o 
 ness or infirmity from attending upon the trial of such cause, it shall te examined 
 and may be lawful for the Chief Justice or assistant Justices at cham- '"'■"^' 
 bers to order the oral examination of such Witness upon oath before 
 
 any Judge of the said Court, in the presence of the plaintiff and de- 
 fendant or their counsel, or in the presence of either of- them or his or 
 her counsel, where the other party make default in attendance after 
 four days notice of such examination to such party his or her counsel : 
 and upon proving the disability of such Witness to attend, such depo- 
 sition so taken shall be as valid and effectual evidence as if the person 
 so examined had appeared upon the trial and sworn or affirmed to the 
 matter therein contained viva voce, in open Court, or had been exam- 
 ined upon Interrogatories in the method prescribed in the said Act 
 passed in the said year one thousand eight hundred and fourteen : and 
 the Judge who takes such deposition shall immediately deliver the 
 same sealed and indorsed to the Prothonotary to be filed with the 
 pleadings in the cause : and the said Judge shall certify upon such 
 deposition the parties attending and the proof upon oath of due serv- 
 ice of Notice if either party made default: and perjury in such depo- 
 
182 BERMUDAACTS. [1831. 
 
 sition shall be punishable as wilful and corrupt perjury in Courts of 
 JRecord is punishable. 
 
 DeposiUons YU. j^n(j jje it enacted by the authority aforesaid, that in all 
 to be admit- cases wheu depositions on oath are directed or allowed to be made 
 (See § 84.) either by this Act or the said Act passed in the year one thousand 
 eight hundred and fourteen, the solemn affirmation of any of the peo- 
 ple called Quakers shall and may be taken and certified in like man- 
 ner and shall be admitted in evidence : and if any person shall be 
 guilty >3f falsely and wilfully affirming any matter or thing in such 
 affirmation which, if the same had been sworn, would have amounted 
 to wilful and corrupt perjury, every person so offending and being 
 thereof lawfully convicted, shall incur the penalties and forfeitures 
 incurred by wilful perjury in Courts of Kecord in England. 
 
 Defendant's YIII. And whcrcas under the existing practice tha Defendant in 
 marb^ex- an actiou cannot examine Witnesses going off these Islands, or ex- 
 f ^fiiln'g "of tremely aged or sick, until the plaintiff hath filed his declaration — and 
 Declaration, great in Convenience may arise to a defendant by the death or depart- 
 ure from these Islands of any witness after the commencement of a suit 
 but before the filing of the declaration therein — therefore be it further 
 enacted by the authority aforesaid that any witness or witnesses may 
 be examined on behalf of the Defendant or Defendants and cross-ex- 
 amined on behalf of the Plaintiff or Plaintiffs in any suit at any time 
 after the commencement of the suit and before the filing of the De- 
 claration therein, in like manner as if such Declaration were filed, and 
 the evidence so taken shall be of the same force and effect as if taken 
 after the filing of such Declaration — and perjury in any such examin- 
 ation or deposition shall be punished in the same manner as perjuiy 
 in evidence given viva voce, on the trial of a cause. 
 
 Pr„„,„, IX. And be it further enacted by the authority aforesaid, that in 
 
 aiiowe* °' ^^^ ^"^^^^ ^°'^ depending or hereafter to be brought' in the said Court 
 in suits by or on behalf of His Majesty, his H^rs or Successors, he or they 
 HifiMajesty. aud also the Defendant or Defendants in such suits shall and may 
 prove his or their debts and accounts, and examine his and their wit- 
 nesses by affidavit, viva voce, or by interrogatories, on oath or affirma- 
 tion, in like manner as any subject or subjects is or are empowered to 
 do by this Act or otherwise. 
 
 Convey- X. And be it further enacted by the authority aforesaid that 
 
 Deeds S* conveyances and Deeds, letters of Attorney, and other powers in writ- 
 abroldmay ™S' ^^^^ ™ places out of thcse Islauds, the execution of which shall 
 be proved be provcd by one or more of the subscribing witnesses by affidavit 
 otB^scAi- sworn before the Mayor or other chief officer of any city or town cor- 
 nSJ^t porate in His Majesty's Dominions, or before the Governor or person 
 (See note B.) administering the government, or chief or senior Justice of any supe- 
 rior Court of Eecord, of any Colony in His Majesty's Dominions, and 
 attested under the hand of such officer or person before whom the 
 same shall be sworn, and the public seal of such City or Town cor- 
 porate, Colony or Court of Eecord, and annexed to the document 
 prove(i, shall be deemed, adjudged, and taken to be as sufficiently 
 proved, as if the same Witness or Witnesses were personally present, 
 and swore to the matters in such affidavit contained viva voce in open 
 Court. 
 
1831.] BERMUDA ACTS. 183 
 
 XI. And be it further enacted by the authority aforesaid, that Probates of 
 probates of Wills granted in these Islands under the seal of the Ordi- ™^,^'' 
 nary, upon the deposition of a subscribing Witness, and a,lso the pro- faaein 
 bates of Wills, in the usual form, or original Wills, with the probates utingto 
 thereof, or any official copies of such Wills and probates, under the I^pe^rsMai 
 seal of the Prerogative Court of Canterbury, or under the seal of any (geeNoteO) 
 other Court or Officer- authorized to grant probate of Wills in His 
 Majesty's Dominions, shall be allowed and t^iken prima facie as good 
 proof of such Wills in all courts of law and equity, as well in causes 
 relating to real as to personal Estate : and such probates, with the 
 originals, or the copies of the Wills thereto annexed, shall be recorded 
 in the Secretary's Office of these Islands : and copies attested by the 
 Secretary, or his lawful Deputy, shall be admitted in evidence as the 
 original probates in all courts of law and equity, saving always the 
 right of all and every person to invalidate, disprove or set aside the 
 same Wills, by lawful or equitable causes, as though this Act had not 
 been made. 
 
 Xn. And be it further enacted by the authority aforesaid, that for p^enal- 
 in actions to be brought on Bonds or Bills penal, conditioned for pay- "nt'may^""'' 
 ment of lesser sums of money, the Defendant may plead payment piead pay- 
 generally, setting forth the condition in such plea, and need not plead S™. ^"'*'^' 
 precisely at or after the day : and thereupon the Jury shall enquire Amount due 
 whether any thing and how much is due, and if nothing due, they quSed "r i»y 
 shall find for the Defendant ; and if any thing be due, they shall in- '"y- 
 quire and settle what is due distinctly, for principal and interest : and ^nd judg- 
 in such case Judgment shall go for the penalty, to remain cautionary, ™ent to re- 
 for the payment of the whole sum that shall be then due for principal tionary. 
 and interest, with subsequent interest upon the whole principal sum 
 then due, from the day of the Verdict, until payment. 
 
 XTTT. And be it further enacted by the authority aforesaid, that in ^ actions 
 all actions to be brought on Bond, or for any penalty for non perform- '<"' ■""> p": 
 
 J? , '^ . '. ■ ^ ,''-,-> ^ ■ ,• formance of 
 
 ance oi covenants or agrefflnents, in any mdenture, deed or writing covenants- 
 contained, the Plaintiff or Plaintiffs may assign as many breaches, as may'a^ign 
 he, she or they, shall thiak fit, and the Jury upon trial of such action '"■eaohes. 
 or actions, shall and may assess damages for such of the said breaches, 
 so to be assigned, as shall be found for the Plaintiff upon the trial of 
 the issue, and that the like Judgment shall be entered upon such Yer- 
 dict, as heretofore hath been usually done, in such like actions : and if 
 Judgment shall be given for the plaintiff, on demurrer, or by confes- or suggest 
 sion or default, the Plaintiff may suggest on the Eecord as many Re™r°d" 
 breaches of the covenants or agreements as he shall think fit ; upon 
 which shall issue a Writ of Summons, to be formed for that purpose, 
 reciting the Judgment and breaches briefly, and requiring the Defend- 
 ant to appear at the Assizes or adjourned Court as maybe directed by 
 the Court, to attend the assessing of damages on the several breaches : 
 at which Assizes, or adjourned Court, the Jury shall inquire of 
 and assess such damages : and if the Defendant attends he may q°uired"<)f by 
 examine Witnesses concerning the breaches on his own behalf ; but if ""^ ^^''^■ 
 he make default to attend, the same shall be inquired of by the Jury 
 at such Assizes or adjourned Court without further delay : and such 
 summons shall be served by the Marshal or other proper officer as 
 summonses in common actions. — And in case the Defendant or De- 
 
184 
 
 BEE MUD A ACTS, 
 
 [1831. 
 
 fendants after such Judgment entered, and before any Execution exe- 
 cuted, shall pay into Court to the use of the Plaintiff or Plaintiffs, or 
 his or their Executors or Administrators, such damages so to be 
 assessed by reason of all or any of the breaches of such covenants, to- 
 gether with the costs of suit, a stay of execution of the said Judgment 
 shall be entered upon record : or if by reason of any Execution exe- 
 cuted, the Plaintiff or Plaintiffs or his or their- Executors or Adminis- 
 trators, shall be fully paid or satisfied all such damages so to be as- 
 sessed, together with his or their costs of suit, and all legal charges 
 and expences for executing the said Execution, the Body, Lands or 
 Goods of the Defendant shall be thereupon forthwith discharged from 
 the said Execution, which shall likewise be entered upon Eecord, but 
 JeS'cau-" notwithstanding in each case such Judgment shall remain, continue, 
 tionary. and bc as.a further security to answer to the Plaintiff or Plaintiffs and 
 his or their Executors and Administrators, such damages as shall or 
 may be sustained for further breach of any covenant or covenants . in 
 the same Indenture, Deed, or Writing contained, upon which the 
 Plaintiff or Plaintiffs may have a scire facias upon the Judgment 
 against the Defendant or against his heirs, terre-tenants, Executors, 
 or Administrators, suggesting other breaches of the said covenants or 
 agreements, to summon him or them respectively to shew cause why 
 execution shall not be had upon the said Judgment, upon which there 
 shall be had the like proceedings as were in the action of Debt upon 
 the said Bond or Obligation, for assessing the Damages upon trial of 
 issues joined upon such breaches, or inquiry thereof, upon a Writ to 
 be awarded in manner as aforesaid, and that on payment, or satisfac- 
 tion, in manner as aforesaid, of such further costs, damages, and 
 charges as aforesaid, all further proceedings on the said Judgment are 
 again to be stayed, and so toties quoties / and the Defendant, his Body, 
 Lands or Goods, shall be discharged out of Execution as aforesaid. 
 
 Payments 
 after Judg. 
 ment to be 
 Pleadable. 
 
 Judgments 
 to be dock- 
 eted. 
 
 XIV. Ajid be it further enacted by the authority aforesaid, that 
 payments after Judgment shall and may be pleadable to a scire facias, 
 or to an action of Debt on a Judgment, as the same are pleadable in 
 England, and if the Defendant shall plead such a plea, the Jury shall 
 and may inquire and settle whether any thing and what remains due. 
 
 XY. And be it further enacted by the authority aforesaid, that 
 as to Judgments hereafter to be obtained in the said Court of General 
 Assize, the Prothonotary of the said Court shall keep a separate Book 
 for the entry of Judgments, which shall be called a Docquet Book of 
 Judgments, and shall be kept alphabetically with a double alphabet 
 after the manner following viz : — A, (naming Defendant's surname 
 first, then his christian name) at the suit of B, (naming the Plaintiffs 
 surname, then his christian name). And the other alphabet to begin 
 with the Plaintiff's surname, then his christian name, against the De- 
 fendant, naming his surname, then his christian name after it, with 
 figures referring to the folio of the Book where the Jiidgment is 
 recorded, and where the amount of each Judgment shall be specified 
 with the time when the same was obtained, that all persons may know 
 how to seaifch for Judgments. — And if the Prothonotary shall fail to 
 keep such Book in manner hereby directed, or shall refuse to shew 
 the same to any person demanding the same, and tendering one shil- 
 
1831.] BERMUDA ACTS. 185 
 
 ling and eight pence for a search to be made therein, he shall be 
 finable at the discretion of the Court. 
 
 XYI. And whereas for more than ninety years past, it has been ^''g"^",'^ 
 usual to issue Writs of Execution to levy and take the goods and 
 chattels, lands and tenements, and in default of these, to take the 
 bodies of Defendants, under the same Writ, and to levy and take 
 as well the poundage and other incidental expences attending the 
 executing of such Writs, as the debt and costs taxed, and such prac- 
 tice has been found beneficial and in furtherance of Justice. Be it 
 enacted by the authority aforesaid, that the same be confirmed and 
 it is hereby confirmed. 
 
 XVII. And be it further enacted by the authority aforesaid, that ^°™ °'- 
 after Judgment is entered up, the Plaintiff may take out execution 
 which shall bear teste in the name of the Chief Justice, or in case of 
 his death, or absence from these Islands, or being a party in the suit, 
 or the office being vacant, in the name of the next Senior Justice in 
 these Islands not being a party — and shall be returnable on some 
 general Return day, and shall be under the seal of the said Court, and 
 signed by the Prothonotary in the form following, Yiz : 
 
 Bekmuda, Alias ) 
 
 SoMEEs' Islands, j 
 
 William the Fourth, (or as it may be), 5y the Grace of 
 God, of the United Kingdom of Great Britain and 
 Ireland, King, Defender of the Faith, <&o. 
 
 To our Provost Marshal General of our said Islands, Geeeting : — 
 
 Whereas A. B., in Term, in the year of our Lord 
 
 obtained Judgment against C. D., in our Court of General Assise in 
 and for our said Isla/nds,for the sum of of cwrrent Money 
 
 of our saAd Isla/nds, together with costs of suit ; which said costs have 
 heen taxed to the amwunt of of like Money, as to us hy Record 
 
 doth a/ppear : which said Judgment as is suggested as yet remains 
 unpaid and unsati^ed, and execution thereof is not as yet made : — 
 We therefore command you that out of the Goods and 
 
 Chattels, Lands and Tenements of him (or her), the said C. D., you 
 levy and take, as well the said sum of so recovered, as the 
 
 said sum of so assessed, for costs, together with such 
 
 further sums as shall ie necessary for the defraying all MarshaVs 
 poundage and other legal costs and charges accrued and accruing for 
 satisfaction of the said Judgment so obtained as aforesaid. — And find- 
 ing no such Goods or Chattels, Lands or Tenements, or other Real 
 Estate of the said C. D., then we command you to take into your cus- 
 tody the body of the said C. D., and him safely keep in your custody 
 in our said Jslands until the said Judgment, with all such poundage, 
 legal costs, and oha/rges be fully poAd and satisfied. — And how you 
 shall have executed this our Writ, you are to make known to our Jus- 
 tices of our said Court, on the last Monday in 
 
 Witness the Honourable E. F., our Justice 
 
 of owr said Court, the day of 
 
 in the Tear of our Reign, and i'ii 
 
 the Year of Our Lord 
 
186 BERMUDA ACTS. [1831. 
 
 Proviso. Provided always, that where the Judgment is for costs only, or is 
 against several parties, or against Heirs, Executors or Administrators, 
 or where the Writ of Execution is an alias ovphories Writ, it may be 
 
 Proviso. varied accordingly : <md Provided also, that if the Judgment be for 
 a penal sum, and a lesser sum be due, levy shall be made only for 
 such lesser sum as shall;ibe specified by indorsement upon the Execu- 
 
 levy fees, ^ion, with the interest (if any) and the costs taxed with the poundage 
 and other costs of the Execution subsequent to the Judgment, but no 
 fees of levy in any case shall be paid for any more of the Plaintiff's 
 demand than shall be actually received after such Execution deliv- 
 ered to the Marshal or his Deputy. 
 
 Marshal's XVIII. And be it further enacted by the authority aforesaid, 
 
 that all sales by the Marshal or other proper OflBcer, under Execution, 
 shall be by public auction, and at the time and place by him pre- 
 viously notified, for at least fourteen days in some Newspaper pub- 
 lished in these Islands; or in case there should happen to be no 
 Newspaper published in these Islands, then after notice of at least 
 fourteen days by him made and set up in writing, in some place of 
 frequent resort, in each Parish, of these Islands. 
 
 Convey- XIX. Ajid bo it furthcr enacted by the authority aforesaid, that 
 
 MarehaL ""^ convcyances by Indentures of bargain and sale, or otherwise, of Lands, 
 Tenements and Hereditaments sold in Execution, shall be made by 
 the Provost Marshal General, or other proper officer, to the ptirchasers 
 thereof, and shall be good to such purchaser or purchasers, their Heirs, 
 Executors, Administrators and Assigns for such Estate, equity of re- 
 demption, and interest therein, as the party from whom they were 
 taken by execution was entitled to, and could have made or granted 
 by Deed, and no longer or otherwise. And the Provost Marshal 
 General or other proper officer for the time being shall, and is 
 hereby directed and empowered, to put all purchasers of lands and 
 tenements so sold by him, and of which the party against whom 
 Execution issued jnay be actually possessed, in quiet possession, if 
 required so to do ; Provided always, that where the party against 
 whom Execution issued, holds the lands and tenements in fee tail 
 only, the purchaser thereof, his Heirs and Assigns, shall be entitled 
 to the same only, for the life of such tenant ia tail. 
 
 Executions ^^- -^^^^ ^^ i* further enacted by the authority aforesaid, that 
 
 ^Bainst^Exe- -where Executions issue upon Judgments against Executors or Admin- 
 
 Administra- istrators, the same shall be levied on the Goods of the Testator, or 
 
 *°'^' Intestate ; and the Writ of Execution shall be altered, conformably 
 
 thereto. — And in case of waste, by them committed, or false pleas, 
 
 subjecting them to be charged in their proper Estates, Executions 
 
 shall and may be formed to be levied against them, as in common 
 
 cases against other persons; the forms and proceedings upon such 
 
 Executions, and the Keturns of waste to be agreeable as near as may 
 
 be, to the law and practice of the Court of Common Pleas in 
 
 England. 
 
 Executors XXI. And whcrcas it is found that the exemption of Executors 
 
 iX'lto^"" and Administrators from liability for payment of costs in actions 
 Plaintiffs', to ijpought by them upon contracts alleged to be made by the deceased. 
 
1831.] BERMUDA ACTS. 187' 
 
 has a tendency to encourage vexatious suits: therefore, be it enacted pay costs in 
 by the authority aforesaid, that when any action shall be brought by cases!" 
 any Executor or Administrator, upon any contract alleged to be made 
 by, or with, the Testator or Intestate in his life time, and there shall 
 be Judgment against the Plaintiff or Plaintiffs, the Defendant or 
 Defendants shall be entitled to costs against such Plaintiff or Plain- 
 tiffs, in like manner as Plaintiffs are in cases where Executors or 
 Administrators are Defendants, and there is Judgment against them : 
 such costs to be levied out of the Goods and Chattels of the Testator 
 or Intestate, remaining in the hands of the Executor or Administrator 
 to be administered ; and if there be no such Goods and Chattels, then 
 out of the proper Goods and Chattels, Lands and Tenements of the 
 Plaintiff or Plaintiffs. 
 
 XXII. And for the protection of hona fide purchasers, be it fur- fj^S'^p"?- 
 ther enacted by the authority aforesaid, that no Execution shall bind ^""^"^f^^ ^^ 
 the property of the Goods and Chattels of the parties against whom delivery, 
 such Execution shall issue, but from the time that such Writ shall be 
 delivered to the Provost Marshal General or his Deputy, or the Coro- 
 ner or other proper officer, to be executed, and for the better manifes- 
 tation of such time, the Provost Marshal General, his Deputy, the 
 Coroner, or other officer, shall, upon receipt of any such "Writ, (with- 
 out fee for doing the same) indorse upon the back thereof, the day of 
 the month and year wherein he received the same. 
 
 XXni. And be it further enacted by the authority aforesaid, that witnesses 
 for the appearance of Witnesses to give evidence in causes, a Writ of T^iTJS^t 
 Subpoena shall issue, expressing the cause in which their evidence is f,°^"™*' 
 required, and the time of their attendance, and shall be served by ceeaed 
 any white person on the Witness, or Witnesses, personally, a reason- fle^e'noteD). 
 able time before the time of attendance : and such service shall be made 
 by shewing the Writ of Subpoena, and delivering a Subpoena ticket, 
 expressing the cause in which the evidence is required, and the time and 
 place of attendance, without any tender or payment of charges. And 
 if the Witness make default to attend, not being --sick or otherwise 
 disabled, on due proof of the service of the Subposna, the Court on 
 complaint thereof, (in a summary way) shall and may, impose a fine, 
 not exceeding one hundred pounds, nor less than five pounds, of cur- 
 rent money, upon such Witness so subpoenaed and making default : 
 for which fine the Court shall award an attachment against the body 
 of such Witness, who shall be imprisoned until payment be made of 
 the said sum and of all Gaol fees, — and further, such Witness so sub- 
 poenaed as aforesaid, and making default, shall answer in damages to 
 be recovered by action on the case at the suit of the party grieved. 
 And in case the evidence of such Witness, who shall not attend, shall 
 appear to the Court upon oath, to be material in the cause depending, 
 the Court is hereby required, in all such cases, to adjourn the hearing ^^'^'^«""'y 
 of the cause until the next or some future day of the Court's sitting, jomned. 
 in case the party for whom such Witness should have appeared, shall 
 desire the same, on payment^ by such party, to the other party, of at 
 least three pounds, (or more, if the Court shall order it,) for full costs 
 of the day, so that oath be made of due service of the Suhpmna on 
 such Witness, or else the cause shall proceed : and Witnesses, if they wim^sses' 
 signify the same at the time of their attendance, shall be allowed their allowance. 
 
188 BERMUDA ACTS. [1831. 
 
 expences by the party tliat summoned them, not exceeding sixteen 
 shillings and eight pence per diem to be adjudged by the Court, 
 if required, in a summary way in open Court. 
 
 XXIY. And whereas in the Act of the Legislature, passed in the 
 Year One thousand seven hundred and thirty-eight — one thousand 
 seven hundred and thirty-nine, — for the better regulating Jurors to 
 serve in the several Courts in these Islands, provision is not made for 
 jSriei obtaining Special Jurors. — Be it enacted by the authority aforesaid, 
 that when any cause, grounded on matter of contract, is brought on 
 to be tried in the said Court, and the Plaintiff or Defendant shall 
 move the Court for a Special Jury, it shall and may be lawful for the 
 Court to allow and grant the same, if they shall see fit : and such 
 special Jury shall be elected and taken from the General Pannel of 
 Jurors, in manner following : — (that is to say), the party moving for a 
 special Jury to strike off one name from the general pannel : then the 
 opposite party to strike off another name, and so on alternately, until 
 there be left upon the pannel twelve names only of Jurors in attend- 
 ance, and competent to serve in that cause : and if either party shall 
 neglect or refuse to strike names as aforesaid, then the Court may 
 direct the Prothonotary to strike names for such parties. 
 
 Writs of XXV. And be it further enacted by the authority aforesaid, that 
 
 SSue^ Writs of Venire Facias, in future, be made returnable on the Friday 
 (See note E.) next preceding the first Monday in May, and the first Monday in No- 
 vember, every year, and that the Jurors be elected under such writs, 
 in the manner prescribed by the aforesaid Act for the better regulating 
 Jurors to serve in the several Courts in these Islands within five days 
 next before the return thereof. 
 
 juryincer- XXVI. And whcrcas in cases on demurrer, or by default or con- 
 
 iSwed to fession, and also in some cases of Inquiry of Damages, if the Court had 
 
 attendatthe the powcr of Summoning a Jury at the adjourned Court after the As- 
 
 court™^ sizes, out of the pannel of Jurors returned for such Assizes, it would 
 
 (See note B.) gg^^g g^^j^ causes being carried over to the following Assizes, and 
 
 would thereby prevent a delay of Justice : therefore be it enacted by 
 
 the authority aforesaid, that in any such case where the Court shall 
 
 see fit so to do, it shall and may be lawful for the Court to require the 
 
 attendance, at the adjourned Court, after the Assizes, of a Jury to be 
 
 drawn in the usual way, and at such adjourned Court to try such 
 
 cause, or to inquire of, and assess Damages in any such case, in like 
 
 manner as might otherwise be done at the Assizes, and Judgment may 
 
 be entered up thereupon at such adjourned Court. 
 
 Plaintiff not XXVII. And be it further enacted by the authority aforesaid, that 
 prosecuting in casc any plaintiff or plaintiffs, on being ruled so to do, shall refuse 
 (See note F.) Or ncglcct to prosccutc his, her, or their suit, or shall become nonsuit, 
 or discontinue, without the consent of the defendant, such plaintiff or 
 plaintift's shall pay costs to be taxed, for which an attachment may 
 issue, or the defendant or defendants may take out Execution for such 
 taxed costs, to be proceeded upon as other Executions. 
 
 Non--oinder XXVIEE. And be it further enacted by the authority aforesaid, 
 or mis-join- that in actious founded upon contract, the omisssion of any party, 
 t1es,°no^To" plaintiff or defendant, who ought to be joined, or the joining of any 
 
1831.] BERMUDA ACTS. 189 • 
 
 perty, plaintiff or defendant, who ought not to be joined, shall not be be taken ad- 
 taken advantage of, unless the same be specially insisted upon, and IxellTw' 
 shewn to the Court by plea in abatement. p'***- 
 
 XXIX. And be it further enacted by the authority aforesaid, that AdStva"-' 
 any Executors, or Administrators, pleading a plea of plene adminis- tors pieaa- 
 irarit, or plene admmistrarit prater, at any time not less than twelve aimdZs- 
 calendar months after proving of the "Will, or after the grant of admin- ^^f * ^°. 
 istration, shall annex to such plea an account in detail, of the assets count in ae- 
 and the application thereof intended to be given in evidence on the 
 
 trial, and in default thereof, that such plea be treated as a nullity, and 
 the defendant not allowed to go into evidence in support thereof. 
 
 XXX. And be it further enacted by the authority aforesaid, that c^^^jf^f 
 no person, except those already admitted, shall be admitted to Plead ana Attor- 
 or Practice as Counsel or Attorney, in the Courts of Common Law in "''''■ 
 these Islands, unless such person shall have been admitted a Barrister 
 
 at Law in England or Ireland, or a Member of the Eaculty of Advo- 
 cates in Scotland, or shall have kept at least Twelve Terms in one of 
 the Inns of Court in England or Ireland, or shall have served Three 
 Years, or longer, as a Pupil under some Barrister or Attorney prac- 
 tising in the said Islands of Bermuda : and any person presuming to 
 plead or practice as aforesaid, without first being admitted, as afore- 
 said, shall forfeit and pay the sum of Eifty Pounds of current Money 
 of these Islands, for each offence, one-half to the use of His Majesty, 
 his Heirs and Successors, towards defraying the public charges of 
 these Islands, and the other half to such person as shall inform and 
 sue for the same, to be recovered by action of debt, bill, plaint or in- 
 formation, in the said Court of General Assize, in which no essoign, 
 protection, or wager of law, shall be allowed. 
 
 [Sections 31, 32, 33 are repealed by Act No. 10 of 1850.] 
 
 XXXIV. And be it further enacted by the authority aforesaid. Evidence of 
 that in all cases, civil and criminal, the solemn affirmation of any of mWea!^^ 
 the People called Quakers, shall be taken and admitted instead of an 
 
 oath. And if any person shall be guilty of falsely and wilfully affirm- 
 ing any matter or thing in such affirmation, which, if the same had 
 been sworn, would have amounted to wilful and corrupt perjury, every 
 person so offending, and being thereof lawfully convicted, shall incur 
 the penalties and forfeitures incurred by wilful perjury in Courts of 
 Record in England. 
 
 XXXV. And be it further enacted by the authority aforesaid, Act to be in 
 that this Act shall be and continue in force for and during the term y°eara.^ 
 
 of five years, from the passing thereof, and then to determine and 
 expire. 
 
 [Made perpetual by Act of 1848, No. 19.] 
 
 Note A. — Or to person of colour, by Act of 1839, No. 2. 
 
 Note B. — Under Act of 1848, No. 19, Deeds may also be proved by Declaration, and 
 Deeds made in India may be authenticated as therein mentioned; and under Act of 1853, 
 No. 3, sect. 16, Deeds made in the foreign West Indies, or United States of America, may 
 be authenticated as therein mentioned, 
 
 Note C. — ^As to authentication of probates of Wills proved in the West Indies, or in 
 the United States of America, see Act of 1848, No. 19. 
 
 Note D. — By Act of 1839, No. 2, subpoenas may be served by coloured persons. 
 
 Note E.— See Act of 1857, No. 1, sect. 24, 25. 
 
 Note F.— See Act of 1834, No, 3. 
 
190 BERMUDA ACTS. [1831. 
 
 1831. No. 10. 
 
 AN ACT for Imposing a Tax wpon Dogs. 
 
 [1 July, 1831.] 
 
 Preamble. WBDEREAS great inconvenience is experienced from tlie number 
 
 of Dogs in these Islands in the destruction of sheep, poultry and eggs, 
 and in the annoyance of horses and passengers : 
 
 Tax on Dogs I. We, therefore, &c., and be it enacted, &c., that for every Dog, 
 yeare.'^" male Or female, which shall be in these Islands, there shall be paid in 
 each of the Years One thousand Eight hundred and thirty-one, and 
 One thousand Eight hundred and thirty-two respectively, by the 
 Owner or Possessor thereof, to the Constable of the Parish or district 
 where such Owner Possessor shall dwell or reside, the Sum of Six 
 Shillings and Eight Pence of current money of these Islands, within 
 seven days after the same is demanded by such Constable — and that 
 in default of payment thereof or of destroying such Dog within the 
 said seven days, such Constable is hereby authorized and empowered 
 to levy the said tax by distress and sale of the goods and chattels of 
 such Owner or Possessor, neglecting to pay for, or destroy such. Dog 
 Constables' as aforesaid. And that such Constable be authorized and empowered 
 ''*• to take and retain to liimself, from the proceeds of every such sale, 
 
 over and above the said tax, the further sum of Ten Shillings, as a 
 compensation for his trouble, in and about such sale. 
 
 Household- 11. And be it, &c., that every Householder shall, for the purpose 
 deemed' of this Act, be deemed the Owner of every Dog, male or female, which 
 °Z^Ta^ may belong to, or be in the possession of his or her CHld, Servant, Slave, 
 the°r°fam^ *° Lodgcr, or other Member of his or her Family. And in case there shall 
 ■lies. be any Dog, male or female, whose Owner or Possessor cannot be ascer- 
 
 tained, or upon which the said tax cannot be recovered, the Constable 
 of the parish or district in which such Dog may be found, is hereby 
 ProTiso. authorized to cause the same to be killed. Provided always, that no 
 Dog, male or female, which is usually kept on board any Ship or Ves- 
 sel, or at Ireland Island, shall incur the said tax. 
 
 Constables' HI- And bc it, &c., that in those Parishes of these Islands in 
 anoyance"'* which there may be more than one Constable, it shall be lawful for 
 the Justices of the Peace, in such Parishes respectively, to assign to 
 each Constable a particular District within the Parish, for such Con- 
 stable to act under this Act. And that the Constables shall be 
 respectively entitled to receive for their own use, one half of the money 
 collected by them for such tax ; and also out of the other half, the sum 
 of One Shilling and Eight Pence for each and every Dog killed and 
 buried by them according to the provisions of this Act — And shall be 
 bound to render an account to the Vestry of the Parish when required, 
 and upon Oath, shewing the amount collected by them — the names of 
 the Owners or Possessors of the Dogs taxed, and the number of those 
 killed, with the dates. 
 
1831.] BERMUDA ACTS. 191 
 
 IV. And be it, &c., that the money so collected for the said tax, AppUcauon 
 (after deduction of the aforesaid allowances to the Constables,) shall "' '*^' 
 be paid over by them to such Persons as the Vestry of their rarish 
 shall direct, to be applied to such Parochial or Charitable purposes as 
 the Vestry may think fit. 
 
 [This Act continued by Act of 1852, No. 2, to the end of 1862, with the amendment 
 contained in the Act of 1848, No. 24.] 
 
 1831. No. 13. 
 
 AN ACT for making certain Additions to the Gaol in Hamilton, 
 
 [9 July, 1831.] 
 
 WHEREAS it is expedient to enlarge the Gaol in the Town of 
 Hamilton : 
 
 Preamble. 
 
 I. "We, therefore, &c., and be it enacted, &c., that the Honorable committee 
 Henry Gilbert Hunt, the Honorable Samuel Addison Smith, and Jo- for carrying 
 sephus Darrell, Thomas Hall and Henry James Tucker, Esquires, or effect! ° 
 a majority of them, be a Committee for making the additions and al- 
 terations to the Gaol in Hamilton hereinafter authorized, and for car- 
 rying into effect the other purposes of this Act. 
 
 n. Ajid be it, &c., that the said Committee, or a Majority of 
 them shall be authorized, and they hereby are authorized, to have certahiai- 
 built up in a substantial and sufficient manner the interval now left the^Gloi.'" 
 open between the two wings of the said Gaol, and to take off the pres- 
 ent roof from the said Gaol, and raise the whole building one story 
 higher than it now is, and to construct a sufficient stair-case for the 
 said Gaol, and to cause such other general repairs and alterations to 
 be made to the said Gaol as shall seem to them expedient and proper. 
 
 HI. And be it, &c., that the said Committee or a majority of them ^^ m-^^^se 
 shall have power to agree with the Mayor, Aldermen and Common a lot of land 
 Council of the said Town of Hamilton, for the purchase of the Lot of ^ STe crom 
 land adjoining the said Gaol, to the !Northward, measuring fifty feet p°se''o'fthe 
 on the East and West sides, and one hundred and fifty feet on the Gaoi. 
 Worth and South sides thereof, at any price not exceeding the sum of 
 Fifty Pounds, and upon payment of the purchase Money which may be 
 so agreed on to the said Mayor, Aldermen and Common Council, 
 the said Mayor, Aldermen and Common Council shall grant a certifi- 
 cate thereof under their common Seal, and immediately thereupon the 
 said Lot of Land shall be vested in His Majesty, His Heirs and Suc- 
 cessors for ever as and for the purpose of a public Gaol, and to or for 
 no other use, intent, or purpose whatsoever, and the said Committee 
 or a majority of them are hereby authorized to cause the said Lot of 
 Land to be enclosed with a substantial and sufficient smooth stone 
 Wall, and the same shall, after being so purchased as aforesaid, be 
 deemed and considered to be an extension of the Yard of the said 
 Gaol. 
 
192 
 
 BERMUDA ACTS. 
 
 [1831. 
 
 Prisoners IV. And whcrcas, during the progi"ess of the proposed alterations 
 
 Sved to the said Gaol, it may be proper to remove all or some of the Pris- 
 mandld. oners therefrom. Be it further enacted, that upon application for that 
 purpose, made by or on behalf of the said Committee, to the Chief 
 Justice, or in case of his absence, to any two Assistant Justices of the 
 Court of General Assize, either in Court or at Chambers, it shall and 
 may be lawful for the said Chief Justice or Assistant Justices, if he or 
 they shall see fit so to do, to give an order in writing to the Provost 
 Marshal General, to remove all or any of the Prisoners then in the 
 said Gaol, to the Gaol in the Town of Saint George — or if it should 
 be necessary, for want of room, to any other temporary place of con- 
 finement, to be hired for that purpose, by the Provost Marshal Gene- 
 ral, and to be specified in such order — and such order shall be sufiicient 
 authority for the removal of such Prisoner or Prisoners accordingly, 
 and detaining such Prisoner or Prisoners in such new place of confine- 
 ment. — And it shall be lawful for the said Chief Justice or Assistant 
 Justices, if he or they shall think fit so to do, upon application for the 
 purpose made, by or on behalf of the said Committee, or the Provost 
 Marshal General, afterwards to remand such Prisoner or Prisoners 
 to the original place of confinement, there to remain until the expira- 
 tion of their time of imprisonment. 
 
 ^^Sei for ^- -^^*^ ^^ ^* further enacted that there be paid by the Public 
 these pur- Treasurer to the order of the said Committee for effecting the pur- 
 poses, poses of this Act, out of any unappropriated Monies in the Public 
 Treasury, the sum of One thousand pounds. 
 
 1831. No. 14. 
 
 AN ACT 'For Erecting a certwin Public Building in the Town of 
 
 Hwmilton. 
 
 [9 July, 1831.] 
 
 Committee 
 for carrying 
 Act into 
 effect. 
 
 To purcliase 
 two specified 
 lots of land, 
 to be vested 
 in tlie 
 Crown, for 
 tfie purposes 
 of the Act. 
 (See note A.) 
 
 WHEREAS it is deemed expedient that the Building in the Town 
 of Hamilton heretofore purchased at the expense of the Colony, for 
 the accommodation of the Legislative Council, and for a Custom 
 House, Secretary's Office, Treasurer's Oflace, and Naval Office, should 
 be sold, and other Buildings more suitable for those purposes be 
 erected instead thereof in another situation in the said Town : 
 
 I. We, &c., and be it enacted, &c.. That the Honorable Eobert 
 Kennedy, the Honorable Samuel Addison Smith, the Honorable Wil- 
 liam Bascome Smith, and Thomas K. Tucker, Thomas Butterfield, 
 Josephus Darrell, Henry James Tucker, John Harvey Darrell, and 
 Richard Minors Higgs, Esquires, be a Committee for the purpose of 
 carrying this Act into effect. 
 
 II. And be it, &c., that the said Committee, or a Majority of 
 them shall be, and they hereby are authorized, to treat with the Pro- 
 prietors of the two lots of Land number forty-four and number forty- 
 five, in the second Street of the said Town, each measuring fifty feet 
 in front by one hundred and fifty feet in depth, for the purchase of 
 
1831.] , BERMUDAACTS. 193 
 
 the said Lots ; — and in case of sucli Proprietors not agreeing with the 
 said. Committee upon the price, bnt being willing to dispose of the 
 said Lots for the purposes of this Act, at an Appraisement, that a fair 
 and reasonable price shall be fixed thereon, by five judicious and 
 impartial Persons, two to be nominated by the said Committee, two 
 by the Proprietors, and the fifth by the four other Appraisers ; — And 
 that upon payment of the price which may be fixed either by agree- 
 ment or appraisement as aforesaid, to the Proprietors, they shall grant 
 a Certificate thereof under their hands and seals — and thereupon 
 the said Lots of Land shall be vested in his Majesty, his Heirs and 
 Successors, for ever, for the purposes contemplated by this Act, and 
 to or for no other use, intent, or purpose whatsoever, and free and 
 clear of and from all Estate or Interest therein of such Proprietors, or 
 any other person claiming under them or either of them. 
 
 III. And be it, &e., that the said Committee, or a majority of to erect a 
 them shall be, and they hereby are authorized, to erect upon the said thereof 
 Lots, a stone Building not exceeding eighty feet in Length, thirty six p",.p^a^°* 
 feet in width, and thirty feet in height to the wall plate — containing 
 
 a suitable apartment for opening and closing the Sessions of the 
 Legislature, and which shall also be for the use of the Legislative 
 Council, the Court of Chancery, and Court of Errors — a retiring 
 Koom for His Excellency the Governor, a Eoom for the Clerk of the 
 Council, of the Courts of Chancery and Errors — suitable apartments 
 for the Custom House, Secretary's Office, Treasurer's Office, and Slave 
 Registrar's Office, and also an apartment for an Office-keeper, and 
 that when and as soon as the said Building shall be so far completed 
 as to be fit for occupation for the several purposes aforesaid, the said 
 Committee, or a majority of them, shall make a written notification 
 thereof, under their hands and seals, to his Excellency the Governor 
 or Commander-in-Chief for the time being, accompanied with a plan 
 thereof, wherein shall be designated the apartments intended for the 
 respective Officers, and uses contemplated by this Act ; — And that 
 immediately thereupon, the said Building shall be vested in his Ma- 
 jesty, his Heirs, and Successors, to and for the several uses and pur- 
 poses in the said notification and plan specified, and to and for no 
 other use or purpose whatsoever. 
 
 IV. And for prevention of all doubts in future, respecting the uses copies of 
 of the several apartments in the said public Building — Be it further Srotaent of 
 enacted, that it shall be the duty of the said Committee, or a majority ^J'^fSed'' 
 of them, to file one copy of the notification and plan aforesaid in the &c. 
 Secretary's Office of these Islands, there to be recorded, and also to 
 furnish one to each of the Branches of the Legislature, as soon as may 
 
 be, at their first Sessions after the same shall have been made. 
 
 V. And be it, &c., that if any Person shall afterwards obstruct penalty on 
 either of the aforesaid Officers in the occupation of the apartments officera.'or^ 
 respectively allotted them as aforesaid, or shall apply any apartment ""'^"^^(ijg 
 in the said Building to any other purpose than what it shall be allot- apartments. 
 ted for in such plan as aforesaid, unless with the express sanction of 
 
 the Legislature first had and obtained, such Person shall forfeit and 
 ■ pay the sum of Five hundred pounds, to be recovered by any Person 
 who shall inform and sue for the same, in any Court of Eecord in 
 25 
 
194 
 
 BERMUDA ACTS, 
 
 [1831. 
 
 Certain 
 other Build- 
 ings to be 
 sold. 
 
 these Islands, by bill, plaint, or information, in which no essoign, pro- 
 tection, or wager of law shall be allowed. 
 
 VI. And be it, &c., that upon such Building being so vested as 
 aforesaid, the Lot of Land number one hundred and .thirty-nine, 
 measuring fifty feet on each of its four sides, at the corner of the front 
 and Westernmost cross Street in the said Town of Hamilton, with all 
 Buildings thereupon, with their appurtenances, where the Secretary's 
 Office and other Public Offices are now kept, shall thereupon be 
 divested out of the Crown, and vested in the Public Treasurer for the 
 time being — And that within three months after the notification as 
 aforesaid, the said Public Treasurer shall sell the same by public 
 Auction — and that upon payment of the purchase Money into the 
 Public Treasury of these Islands, a certificate thereof shall be given 
 to the Purchaser, by the said Public Treasurer, under his hand and 
 seal, which certificate shall be sufficient to convey and assure the said 
 Lot of Land number one hundred and tliirty-nine, and the Buildings 
 thereupon, with the appurtenances unto, and to the use of the said 
 Purchaser, his or her Heirs and Assigns forever, free and clear of and 
 from all former and other Estate and Interest therein of His Majesty, 
 his Heirs and Successors, or any other Person, 
 
 Proceeds VII. And be it, &c., that the purchase Money so to be paid into 
 
 howappued. the Public Trcasury of tliese Islands as aforesaid, shall be applicable 
 towards the support of the Government of these Islands, in such man- 
 ner as the Legislature thereof may provide ; — And that the Public 
 Treasurer, for his services in selling the said Lot of Land and Build- 
 ings, with the appurtenances, and receiving and paying the purchase 
 Money, shall be allowed at and after the rate of two and a half per 
 centum upon the amount of the purchase Money, and no more ; and 
 the Public Treasurer shall be, and hereby is authorized and req^uired 
 to pay to the order of the said Committee, from time to time, as they 
 may require the same, out of any unappropriated Monies in the Pub- 
 lic Treasury, the sum of Three thousand pounds, to be applied by 
 them to the purposes of this Act. 
 
 Committee VIII. And be it, &e., that the said Committee shall be, and they 
 
 theVort^by 3.re hereby authorized to carry on and effect the said Work by Con- 
 ouTemiLe"'^ tract with persons who may undertake the same, or otherwise, as they 
 and to iceep may think best ; — And the said Committee shall keep a Book, where- 
 Accounts. jjj ^jjgy ^YinW cause to be entered Minutes of their proceedings, and of 
 
 all receipts and payments made by them, for the inspection of either 
 
 Branch of the Legislature, M'hen required. 
 
 Note A.— (The Building contemplated by this Act was erected on a different site, 
 under the Act of 1836, No. 18,) 
 
1832.] BERMUDA ACTS- 195 
 
 1832. No. 5. 
 
 AN ACT ■ to authorize Special Sessions of the Court of Oeneral 
 
 Assize. 
 
 [21 May, 1832.] 
 
 WHEEEAS occasions have arisen, and may again arise, render- Preamble, 
 ing it highly desirable that there should be Special Sessions of the 
 Court of General Assize for the trial of Criminal matters : — 
 
 I. We therefore, &c., and be it enacted, &c., that it shall and Governor 
 may be lawful for the Governor, or Person administering the Govern- °n^e°he" 
 ment for the time being, to convene the said Court of General Assize 5°;'^;'/°'" 
 for the trial of Criminal matters, whenever the importance of any c™^°^i^j 
 Criminal Case may seem to render the same expedient for the good importance. 
 of the Public : — and that in such case it shall or may be lawful for 
 
 the Chief, or any Assistant, Justice of the said Court to issue "Writs 
 of Venire Facias, returnable three days before the Session thereof, 
 for the choosing in the usual manner any number not exceeding six 
 Jurors out of each Parish to serve at such Special Sessions ; which 
 Jurors shall be so elected within five days before the return of such 
 Writ, and shall be considered in all respects upon the same footing as 
 Jurors elected for the ordinary Sessions of the said Court. 
 
 II. And be it further enacted that this Act shall be in force for Duration of 
 and during the term of seven years, and then to determine and ex- 
 pire. 
 
 [This Act made perpetual by Act of 1%Z'1, No. 2, and instead of issuing special Writs 
 of Venire facias, the Jurors returned for the next preceding Assizes are to be summoned 
 and attend at the Special Sessions, by Act of 1859, No. 6.] 
 
 1832. No. 9. 
 
 AN ACT to vest in the Crown a certain Tract of Land adjoining 
 
 Mount Langton. 
 
 [16 July, 1832.] 
 
 WHEREAS it is deemed expedient with a view to the accommo- 
 dation of his ju'esent Excellency, Sir Stephen Remnant Chapman, 
 Governor and Commander-in-Chief in and over these Islands, and of 
 all future Governors his Successors in Office, to purchase and vest in 
 the Crown, as an^ addition to the Land already appertaining to the 
 Government House at Mount Langton, the Tract of Land, heredita- 
 ments and premises, hereinafter more particularly described: And 
 Whereas it is further considered that the Timber now growing, and 
 which may hereafter grow on the said Land may occasionally be used 
 and made available for the repairs, addition to, or improvement of the 
 said Government House and for other public purposes. And Whereas 
 
 Preamble. 
 
196 BERMUDA ACTS. [1832. 
 
 the present Proprietor, Sir Hilgrove Turner, has signified his willing- 
 ness to sell the same at, and for the consideration of. Six Hundred 
 Pounds, of current money of the said Islands, and that the said con- 
 sideration Money may remain at Interest until the Legislature maybe 
 desirous of redeeming or paying off the same : And Whereas it is 
 thought advisable to pay an Interest on the said Sum, and that the 
 same should be redeemable in Five Years or sooner, if the Legislature 
 think proper : 
 
 Tract of I. ^e, &c., and be it enacted, &c., that the said Tract of Land 
 
 joining above mentioned, containing Twenty-Three Acres, Three Roods and 
 ton^ested^" On^ Perch, situate in Pembroke Parish, in the Islands aforesaid, 
 Sr the^sa^ bounded South by Lands belonging to the Township of Hamilton, 
 purposes. "Westerly by the Land whereon the Grovernment House, called Mount 
 Langton, is erected ; North by the Ocean ; and East by various Lots of 
 Land, now or late reputed to belong respectively to Anthony Adams, 
 to the representatives of John Beck, deceased, of John Stowe, deceased, 
 and of Thomas Swan, deceased ; and all and singular messuages, tene- 
 ments, edifices and other buildings thereon, with their and every of 
 their appurtenances, be, and the same are hereby vested in his Majesty 
 the now King, his Heirs and Successors for ever, as an addition to the 
 Land and Premises belonging or appertaining to Mount Langton 
 aforesaid, and to and for the same uses, intents and purposes as the 
 said Premises called Mount Langton, are vested in the Crown. 
 
 Timber H- ^^^ ^® i*5 ^^-j that all timber growing on said Land, or which 
 
 thereon to jnay hereafter grow thereon, shall from time to time be available as 
 as the the Legislature may direct, for the repairs, addition to, or improve- 
 ^hSdiect, ment of, the said Grovernment House and Premises and for other pub- 
 
 ft>r repairs,' \[q purpOSeS. 
 
 £600 to be HE. And be it, &c., that the Public Treasurer for the time being 
 
 samef with* bc, and he is hereby authorized and required to pay unto Sii- Hilgrove 
 Turner, or his certain Attorney, Executors, Administrators or Assigns, 
 the full and just sum of Six Hundred Pounds of cuiTent Money of 
 these Islands, as soon as he may be enabled so to do, by having any 
 unappropriated Moneys in the Public Treasury, or be otherwise 
 specially directed so to do by the Legislature, and in the mean time to 
 Pay unto the said Sir Hilgrove Turner, his certaiu Attorney, Executors, 
 Administrators or Assigns, Interest on the said sum of Six Hundred 
 Poimds, at and after the rate of Five per Cent, per Annum, such in- 
 terest being calculated from the Third day of April last, inclusive, and 
 being payable Yearly and every Year, until the said principal sum be 
 discharged. 
 
 interest. 
 
18S2.] BERMUDA ACTS. 197 
 
 1832. No. 10. 
 
 AN MjTfor supplying some defects in tlie Laws relative to Suits he- 
 fore Justices of the Peace, and Parish Pates. 
 
 [28 July, 1832.] 
 
 WHEEEAS by an Act of the Legislature of these Islands, passed Proamwe. 
 in the Year one thousand seven hundred and seven, it is enacted that 
 Debts, Trespasses and other matters not exceeding the value of Twenty 
 shillings, shall be heard and determined by one Justice of the Peace ; 
 and those not exceeding the value of Forty shillings, by two Justices 
 of the Peace, as therein mentioned : — and by an Act pa^ed in the 
 Year one thousand eight hundred and fourteen, it is enacted that 
 Debts not exceeding Ten pounds, and above Forty shillings be recov- 
 erable in the like manner that Debts above Twenty shillings, and not 
 exceeding forty shillings, then were : and that mutual demands be 
 set off and allowed one against the other, with a proviso that it be in 
 the power of either the Plaintiff or the Defendant to appeal by Writ of 
 Error from the judgment given in such action, to the Court of General 
 Assize : and by an Act passed in the Year one thousand seven hund- 
 red and seventy-four. Parish Eates are made recoverable as Debts 
 not exceeding Forty shillings ; and by various Acts of the Legislature 
 fines and forfeitures are made recoverable in like manner : and by an 
 Act passed in the Year one thousand eight hundred and thirty-one, 
 Debts not exceeding Five pounds may be sued for and recovered in 
 the same manner that Debts not exceeding twenty shillings then were 
 recoverable. And whereas it is expedient that an appeal, in the mode 
 above mentioned, be allowed in other suits before a Justice or Justices 
 of the Peace, as well as in those exceeding Forty shillings and not ex- 
 ceeding Ten pounds : 
 
 We, therefore, &c., and be it enacted, &c. 
 
 [Sections I. and II. of this Act repealed by Act of 1850, No. 10.] 
 
 in. And be it, &c., that it shall and may be lawful for every Judge Jui^ges and 
 of the Court of General Assize, and also for every Justice of the Peace act undeT"^ 
 in these Islands, to do all acts, matters and things appertaining to wToule*" 
 their offices respectively, so far as the same relate to the Laws impos- ^'""■> =""i "> 
 ing any fine or forfeiture, or to the Laws for the relief, maintenance, although' 
 removal or settlement of poor persons, or to the Laws concerning any rated.'" ^' 
 Taxes, Levies, Eates, or Assessments, notwithstanding that any such 
 Judge or Justice is or may be rated to or chargeable with the rates, 
 or assessments within any place affected by such acts. 
 
 IV. And be it, &c., that no act, matter or thing, heretofore done f„°ed''onfby 
 by any such Judge or Justice shall hereafter be quashed, or declared them not to 
 void, because the same may have been so done by any such Judge or caule'they 
 Justice so rated or chargeable as aforesaid. rated.^° 
 
 Y. And be it, &c., that Parish Eates not exceeding Five pounds, parish rates 
 may be sued for and recovered before one Justice of the Peace, and may >>e re-" 
 those exceeding Five pounds, before two or more Justices of the Peace fmjusttcea 
 
198 BERMUDA ACTS. [1832. 
 
 iSi'rlte"" residing in the Parisli where such rate may be made, in the mode pre- 
 aithouhe scribed by the said Act passed in the Tear one thousand seven hund- 
 
 person rated ■, ,*/ t,,,-*^ -,, -, -m , ,-i -t* 
 
 reside in rod and seven, altho the person liable to pay the same may reside m 
 parilh!"'^' some other Parish of these Islands. 
 
 Pefsonrated VI. And be it, &c., that no person rated, or liable to be rated to 
 wi^not'"''' s-iiy rate or assessment in any Parish or place within these Islands, or 
 qMYifled'as ■^^lolly or ill pa^rt maintained by such rate, or holding any office 
 a Witness in therein, shall be deemed on such an account an incompetent witness 
 latingtoThe in any matter relating to such rate or assessment, or relating to any 
 rate, Ac. penalty wholly or in part applicable for the benefit of such Parish or 
 Place, or relating to the settlement or removal of any poor person in, or 
 to, or from such Parish or Place, or touching any Bastard chargeable, 
 or likely to become chargeable to such Parish or Place ; or touching 
 tlie recovery of any sum of money for the charges or maintenance of 
 such Bastard, or the election or appointment of any officer, or the al- 
 lowance of the accounts of any officer of any such Parish or Place. 
 
 Assessments YII. And whereas in several of the Parishes in these Islands, 
 
 made.notto sums of moncy havc been assessed for, and payments have been made, 
 
 by defecta and ratcs or assessments made or allowed, and other acts done relat- 
 
 mentehere- ^^S ^^ ^^^ Parish Patcs by, or by authority of, the Yestries for the 
 
 tofore made, time being in the said Parishes respectively, under the belief that the 
 
 same were according to law ; — therefore be it further enacted, that no 
 
 rate or assessment hereafter to be made by any of the Yestries in any 
 
 of the Parishes in these Islands, shall be quashed, or declared void, or 
 
 deemed to be vitiated or erroneous, for or by reason of any defect in, 
 
 or objection to, any rate or assessment heretofore made by any Yestry 
 
 in such Parish, or for or by reason of any payment, act, matter or 
 
 thing, in pursuance of, or relating to, such former rate or assessment. 
 
 Palish rates 
 
 and?eco^ve'r- VHI. And bc it further enacted and declared, that Parish Rates 
 able, as soon may be demanded and recovered by the Church Wardens in the sev- 
 tessniente cral Parishcs of these Islands respectively, as soon afe the assessments 
 ered^'o"the ^nay bc delivered to them for collection, or as soon afterwards as they 
 churchwar- mav find convenient. 
 
 dens. 'J 
 
 Law charges IX. Aud bc it further enacted and declared, that all legal charges 
 the^churoh^ incuiTed by Church "Wardens, in suing for Parish Rates before a 
 wardens, in Justico or Justiccs of the Pcacc, shall and may be provided for and 
 authorizer cnforccd by the Yestry of the Parish in like manner as other Paro- 
 i'shiolferat'^ chial chargcs ; and that when and as often as the resident Parishiou- 
 jn.ay be pro- ers in any of the Parishes of these Islands, assembled in Parish meet- 
 like other iug, in conscqucnce of proper notice for that purpose given, or a 
 changes*' majority of those so assembled, shall by vote authorize the Church 
 Wardens, or any other person or persons, to sue, defend, prosecute or 
 carry on any suit at Law, or in Equity, or in any other legal proceed- 
 ings in any Court superior to the Justices of the Peace, for any 
 matter relating to the Parish Rates, and such vote shall be entered on 
 the Parish Records, it shall and may be lawful for the Yestry or 
 assessors of such Parish to provide for and enforce payment of the 
 expence attending such proceedings, in the like manner with other 
 Parochial charges. 
 
1832.] BERMUDA ACTS. 199 
 
 X. And be it, &c., tliat this present Act shall be, and be deemed tm^ a put- 
 and construed to be a Public Act. ''° ^"'^ 
 
 XI. And be it, &c., that this act shall continue and be in force Duration. 
 for eighteen Tears, and then to determine and expire. 
 
 [This Act amended and made perpetual by Act of 1849, No. 4.] 
 
 1832. No. 12. 
 
 AN ACT to allow the Action of Assumpsit for Use and Oocupation. 
 
 [30 July, 1832.] 
 
 WHEREAS it would increase the facilities for the recovery of Pi-eamwe. 
 rent, if the Action of Assumpsit for use and occupation were allowed 
 in all cases in which the same can be brought in England : 
 
 I. We, therefore, &c., and be it enacted, &c., that where there Landlord 
 is any demise, which is not by Deed, the Landlord shall recover a teusrand"^ 
 reasonable satisfaction for the Tenements occupied by the Defend- °n a'S^n^n 
 ant in an action on the case for the use and occupation of what was ^'^^ <=ase. 
 so held or enjoyed ; and if in evidence on the trial of such action, any 
 parol demise or any agreement (not being by Deed) wherein a cer- 
 tain rent was reserved, shall appear, the Plaintiff" in such action 
 shall not be nonsuited, but may make use thereof as an evidence of 
 the quantum of damages to be recovered. 
 
 1832. Session 2. No. 2. 
 
 AN ACT to alter, add to, and amend the acts relating to the Court 
 
 of General Assize. 
 
 [3 November, 1832.] 
 
 WHEREAS it is deemed expedient to designate by appropriate preamwe. 
 names the semi-annual terms of the Court of General Assize, to spe- 
 cify the time to be comprehended in each of them, and to adopt a 
 particular regulation in the Statute commonly called the Statute of The Term 
 
 TTrniirlc! • . commencing 
 
 J? I d UUb . on tlie last 
 
 Monday in 
 
 I. We, therefore, &c., and be it enacted, &c., that the Term of Jin'e'd''"''* 
 
 the said Court of General Assize commencing on the last Monday in j,^^. ^^^ 
 March, and commonly called the May Term, be, from and after the tiia^ com- 
 passing of this Act, called the Easter Term ; and that the Term of the°S^_°" 
 the said Court commencing on the last Monday in September, and ^ep°embe? 
 commonly called the JSTovember Term, be, from and after the passing ^^^j"*""* 
 of this Act, called the Michaelmas Term of the said Court. mas Term. 
 
 Every day 
 
 n. And be it, &c., that every day the said Court sits be, and be slistobe'a 
 considered and construed to be, a part of one of the said Terms. p"'°£'""' 
 
 ^ ^ of the Terms. 
 
200 
 
 BERMUDA ACTS, 
 
 [1833. 
 
 The Judge 
 
 signing any 
 Judgment to 
 set down 
 tjie day of 
 so doing. 
 
 Judgments 
 to be 
 deemed 
 Judgments 
 only from 
 tliat time, 
 as against 
 purchasers 
 of lands for 
 value. 
 
 III. And whereas it has been found mischievous that the Judg- 
 ments of the said Court of General Assize do relate to the first day of 
 the Term of which they are entered, and bind Defendants' Lands 
 from that time, though, in, truth, they were acknowledged or suffered, 
 and signed in the vacation after sucli Term, whereby purchasers have 
 been, or may have been, aggrieved. Be it enacted that every Judge 
 of such Court of General Assize who shall sign any Judgments, shall, 
 at such signing, without fee for doing the same, set down the day of 
 the Month and Year of his so doing on the paper, book, docquet or 
 record which he shall sign ; — which day shall be also entered on the 
 margin of the Eoll of the Kecord where such judgment is entered. 
 
 IV. And be it, &c., that such judgments as against Bona fide 
 purchaser, for valuable consideration, of lands, tenements, and here- 
 ditaments, chargeable thereby, shall, in consideration of Law, be judg- 
 ments only from the time when they are so signed, and shall not re- 
 late to the first day of the Term whereof they are entered. 
 
 1833. No. 2. 
 
 AN ACT for importing a Collection of the English Statutes, for 
 
 Public use. 
 
 [6 June, 1833.] 
 
 WHEEEAS it would be of Public utility, and of great conve- 
 nience to the Members of the Legislative Council and Assembly, to 
 the Judges, Magistrates, and others concerned in administering Jus- 
 tice in these Islands, if a full and complete Copy of the English Stat- 
 utes were kept in some place of Public deposit, for reference and 
 pemsal : — 
 
 I. We, therefore, &c., and be it enacted, &c., tjiat Thomas But- 
 terfield, Thomas Hall, and John Harvey Darrell, Esquires, be a Com- 
 mittee to import from England, a full and complete Copy of the Acts 
 of the Parliament of England, and of the Parliament of Great Britain 
 and Ireland, from the earliest period down to the present time, to- 
 gether with such Indexes and Digests thereof, and other Books for 
 fecilitating reference thereto, as they may judge convenient and 
 proper ; and that each and every Volume so imported be in some 
 strong and durable binding, and be labelled, in one or more conspicu- 
 ous places, " Bermuda Sessions Library." 
 
 II. And be it, &c., that the said Books, when so imported, shall 
 be deposited in one of the small Booms in the Sessions House in the 
 Town of Hamilton, in suitable Shelves or Book-Cases, to be provided 
 by the said Committee at the Public expense ; to be locked up and 
 kept in charge of the Prothonotary of the Court of General Assize, 
 and not to be removed from the said Sessions House by any Person, 
 under any pretext whatever, except when ordered by either of the 
 Courts for the use of such Court during its sitting : — ^And that His 
 
 special pur- Excellcncy the Governor or Commander-in-Chief for the time being, 
 ^"'"^ any Member of the Council or Assembly, the Colonial Secretary and 
 
 Committee 
 to import a 
 complete 
 copy of 
 Acts of 
 Parliament, 
 to be bound, 
 and lettered 
 " Bermuda 
 Sessions 
 Library," 
 
 To be de- 
 posited in 
 Sessions 
 Uouse. 
 
 In charge 
 of the 
 Prothono- 
 tary ; and 
 not thence 
 removed, 
 except for 
 
1833.] BERMUDA ACTS. 20I 
 
 Colonial Treasurer, any Judge, OflBeer or Practitioner in tl^ Court of 
 Chancery, the Court of Errors, the Court of General Assize, the Court 
 of Admiralty, or the Court of Quarter Sessions of the Peace, any Jus- 
 tice of the Peace in these Islands, or any other Person, at the request 
 of any of the Persons aforesaid, shall be permitted to inspect and pe- 
 ruse the said Books or any of them, on application to the said Pro- 
 thonotary, at any time beween the hours of ten in the morning, and 
 three in the afternoon : (Sundays and the usual Holidays excepted :) 
 
 III. And be it, &c., that the Public Treasurer be, and he is here- Tieasurev to 
 by authorized and required, to pay to the said Committee a Sum not committee" 
 exceeding Two Hundred Pounds, for the purposes of this Act. 
 
 1833. No. 4. 
 
 AN ACT to amend an Act entit/uled " An Actfor erecting a certain 
 PiMio Building in the Town of Hamilton. " 
 
 [18 Jnly, 1833.] 
 
 WHEEEAS it is deemed expedient to make the amendments preamble. 
 hereinafter mentioned to the Act passed on the Ninth day of July, 
 One thousand eight hundred and thirty one, entituled, " An Act for 
 erecting a certain Public Building in the Town of Hamilton : " 
 
 I. We, therefore, &c., and be it enacted, &c., that in case it shall Thepi-ovid- 
 appear to the Committee appointed by the said Act, not requisite for s^fv/Reg- 
 the Public Service, to provide a Slave Kegistrar's Office, as con- 'g=J^Yj^j°J" 
 templated by the said Act, then it shall be lawful for the said Com- the discre- 
 mittee, in the Construction of the said Building, not to provide any committee. 
 part of it for a Slave Registrar's Office. 
 
 • 
 
 II. And be it, &c., that in case the said Committee shall deem it superficial 
 expedient for the Public Service, it shall be lawful for them to make f^iang not 
 the said Building of greater width and of less length than the dimen- ^"gtJf ^? 
 sions specified in the said Act : — Provided always, that the superficial ' 
 Area of the said Building, including the thickness of the Walls, shall 
 
 not exceed two thousand eight hundred and eighty feet. 
 
 1833. No. 5. 
 
 AIST ACT relating to the Settlement of Panders within these Islands. 
 
 [18 July, 1833.] 
 
 WHEEEAS the Inhabitants of the Island of Ireland, previous to p,,^^,,,,^ 
 the Naval Establishment there, were rated as Parishioners of Sandy's 
 Parish ; and the Lands of said Island, and the personal property of its 
 Eesidents, in common with the property of the Parishioners of tha-t 
 26 
 
ProTiso, 
 
 202 BERMUDA ACTS. [1833. 
 
 Parish, coatribnted to the defraying of its charges : — And Whereas, 
 since the purchase and occupancy of the said Island of Ireland by His 
 Majesty's Government, the persons residing there, and employed ia 
 the necessary National Works therein, have, by a Law of these 
 Islands, been exempted from parish duties, and the usual Parochial 
 charges of the Parish, have not been conlfibuted to by any rate on 
 their personal property : — And Whereas, from the number of persons 
 of various descriptions employed on the Works of said Establishment, 
 it is apprehended that some of them, deemed Paupers, from sickness, 
 infirmity, or beiag otherwise disabled, may be turned upon the Parish 
 of Sandy's : — 
 
 No person ^- ^^5 therefore, &c., and be it enacted, &c., that no sick, infirm, 
 
 to obtain disabled or poor person or persons resident and employed at, and be- 
 in sanX°s longiug to, the said Naval Establishment, or at any place dependent 
 Sraceor thereon, specially used for his Majesty's Service, shall be considered 
 r"the^™'i ^® having obtained a Settlement in Sandy's Parish, or be allowed to 
 Establish- remove to, or obtain a Settlement on, the main land of said Parish, so 
 °'™'' as to become chargeable on said Parish, by virtue of any residence or 
 
 employment, as aforesaid : — Always _provided, and it is hereby de- 
 clared, that if it shall be satisfactorily proved before any one or more 
 Justices of the Peace within these Islands, that any person or persons 
 of the above description, employed as aforesaid, and deemed Paupers, 
 and who may be in the act of obtaining a settlement or settlements in 
 any Pai-ish or Parishes therein, are Natives of these Islands, that it 
 shall and may be lawful for the Church Wardens and Overseers of 
 the Poor of said Parishes to have said persons removed to the Parish 
 or Parishes within the same, where he, she or they may have had or 
 obtained a legal settlement previous to having been employed at his 
 Majesty's Dock Yard as aforesaid : — And the Church Wardens and 
 Overseers of the Poor of said Parishes respectively, on proof being 
 made to appear as aforesaid, are hereby required to receive the per- 
 son or persons so removed as Paupers, as Eesidents of their respective 
 Parishes. • 
 
 1833. No. 7. 
 
 AN ACT still furtlier to explain and amend an. Act entitled " an 
 Act fm' the more regular jyaymyCnt of tlie Clergy, the regulating 
 tJu Seats or Pews in the several Churches in these Islands, and 
 more effectual recovenj of Parish Assessments." 
 
 [1 August, 1833.] 
 
 Preamble. WHEREAS tlic Act whcrcof the Title is above recited admits of 
 
 a Seat or Pew being held by more than one person, but no mention 
 is made how such seat or pew shall in such case be held, whether in 
 joint tenancy or in common ; and whereas doubts have arisen as to 
 the right to pews on the death of any purchaser : — as well, therefore, 
 to declare what the Law shall be in such cases, as to alter and amend 
 the same in other respects — • 
 
 Plurality of I. We, therefore, &c., and be it enacted, &c., that in all cases 
 of pe'i?,prior of any pui-chase made, before the passing of this Act, of any Seat or 
 
1833.] BERMUDA ACTS. 203 
 
 Pew in any Parish Church in these Islands by more than one Parish- to this Act, 
 ioner, the purchasers thereof shall be deemed and taken to be joint d°eemeajoint 
 tenants : — and that upon the death of any pui-chaser in severalty, or '^^^'s- 
 on the death of the last surviving joint tenant, the pew or seat of 
 which they respectively died seized or possessed shall revert, on the 
 third Monday after Easter Monday ensuing such death, and in the Estates or 
 mean time shall or may be held by the Family, if any of the persons pew-hoidei-s 
 being resident Parishioners, so dying seized or possessed ; and that I'^nt." '"' 
 the Estate of such person shall, in such case, be liable for the rent 
 thereof: — Provided how&uer, that when such death shall take place ramiiymay 
 in Easter Term, or within three months previously thereto, such fam- po?sS"fo? 
 ily shall be entitled, upon notifying the Vestry thereof, to hold over f„|'''after'" 
 such seat or pew until the third Monday after Easter Monday of the ^eath of 
 
 ,. TT. ^ 1 T "^ T'l'T-ii "iiin purchaser. 
 
 lollowmg year ; and at the same rent at which it had been held by 
 the deceased purchaser : — Provided fv/rther, that when there may be 
 no such surviving family, such pew shall revert immediately on such 
 death ; and a re-sale thereof be thereupon made, after the usual notice 
 of ten days to the Parishioners ; — or, if such death take place near, or 
 during, Easter Term, of such shorter time, not less than two days, as 
 may admit of a sale being made within the Term of Easter, the ordi- 
 nary period for the sale of Pews. 
 
 II. And be it, &c., that if any joint tenant shall remove his or joint tenant 
 her residence from the Parish in which he or she may be concerned kw th"e*^ 
 in the holding of any pew ; or if any such joint tenant shall give uj) grf'^g'up'a 
 his or her interest in any such pew, (which it is hereby declared law- P^'^i'/b"" 
 ful to do after the notice hereinafter mentioned,) the remaining ten- the other 
 
 ants if more than one, shall thereupon be considered and registered * 
 
 as joint tenants of the whole of such pew, and at the rent at which 
 the said pew had been at first purchased by them jointly with the one 
 so giving up — or if in either of the said cases there be only one other 
 joint tenant, such other tenant shall thereupon be considered and 
 registered as tenant in severalty of the whole of such pew, and at the 
 
 rent aforesaid ; unless such tenant or tenants shall, in either of the 
 cases aforesaid, prefer giving up such pew to the Vestry to be sold ; — 
 in which case such sale shall thereupon be made in severalty, after a no- 
 tice of ten days, or of such shorter notice, not less than two days, as 
 may admit of such sale being made in Easter Term. 
 
 III. And be it, &c., that if any purchaser of a seat or pew shall seats ot 
 neglect or refuse to pay the rent of. such seat or pew for the space of deftuStVor 
 thirty days after demand thereof made by any Church "Warden of the moTtolfrom 
 Parish entitled to collect the same ; or if any purchaser or holder in the parish, 
 severalty of any seat or pew, shall remove his or her residence from and be sold. 
 the Parish in which he or she holds any seat or pew, the pew or seat 
 
 by him or her held shall, in either of such cases, be considered as 
 reverted ; and, upon being declared so to be by the Vestry of the 
 Parish shall be sold in the same way as other seats or pews, either at 
 Easter or at such other time as may to the Vestry seem best : — and 
 that in either of such cases, the purchaser, or his or her estate, shall 
 be liable for a rateable rent up to the time of such default or removal. 
 
 IV. And whereas the holding of seats or pews otherwise than in 
 severalty gives occasion to numerous embarrassing questions and con- of p'cws or° 
 
 tenant. 
 
204 
 
 BERMUDA ACTS. 
 
 [1833 
 
 Seats to be sequetit necessity for complex legislative enactments, be it further en- 
 severauy. Ected, that no future sale of any pew or seat shall be made by the 
 Yestry or Assessors otherwise than in severalty. 
 
 Period dur- 
 ing whicli 
 certain 
 Seatbolders 
 are account- 
 able for 
 rateable 
 rent. 
 
 V. And be it, &c., that any Parishioner becoming a purchaser of 
 any seat or pew between Easter Term and Easter Term, which he or 
 she shall be entitled to hold nntil given up after notice, shall be 
 deemed, as respects the payment of the annual rent thereof, as holding 
 from the third Monday after Easter Monday after such purchase ; but 
 shall be accountable for a rateable rent from the day of such purchase 
 until such third Monday after Easter Monday. 
 
 Easter Term VI. And to obviatc any doubt as to the meaning of Easter Term, 
 rlfwInc^tS ^^ it further enacted, that, for the purposes of this Act, and of the Act 
 tbis, and the hereby amended, it shall be considered as comprising twenty-two days 
 
 amended » t-i i -»r t • i • • J: o J J 
 
 Act. irom Jiaster Monday, inclusive, m every year. 
 
 Vii. And whereas it is in and by the Act aforesaid also provided that 
 the Galleries in the several Parish Churches shall be reserved for the 
 purposes therein mentioned ; and whereas a practice has, nevertheless, 
 obtained in some of the Parishes, of selling the seats or pews therein ; 
 and whereas a sale of such seats or pews on the same terms as those in 
 other parts of the Church may be attended with inconvenience ; but 
 sales thereof may be found, at times, desirable ; — ^be it further enacted, 
 that all sales hitherto made of any such seats or pews by the Yestry or 
 Assessors of any Parish shall be deemed and held to be valid ; and the 
 purchasers or holders thereof shall be held to be liable for the rents of 
 the same from the time of such Sale until duly notified by the Yestry 
 to give up the same ; — and that a notice of six weeks shall be sufficient 
 for this purpose ; and that such holders shall be entitled to give np such 
 seats or pews upon giving a similar notice of six weeks to such 
 Yestry. 
 
 Yin. But whereas it may be found desirable to assign the seats 
 and pews in such Galleries as free seats ; be it further enacted, that no 
 future sale of any seat or pew in any Gallery now, or hereafter to be, 
 erected in any Church which now is, or may hereafter be, nsed or 
 built as a Parish Church, shall be made for any period exceeding three 
 years ; and that it shall and may be lawful for the Yestry and Asses- 
 sors, whereof seven at least shall concur, of any Parish from time to 
 time to assign such and so many seats or pews in their respective 
 Parishes as free seats, as to them may seem meet. 
 
 IX. And be it, &c., that in any Sale of Pews in Pembroke Parish 
 Church, such Pews or Seats as have hitherto been allotted by the Yestry 
 of that Parish for the particular use of the Governor or Commander- 
 in-Chief for the time being, and the Naval Commander-in-Chief on this 
 Station, shall always be reserved for such use. 
 
 X. And whereas inconveniencies have arisen from the contiguity 
 of graves to the outer walls of Churches, especially when Churches 
 have required to be enlarged, be it, &c., that from and after the pass- 
 ing of this Act it shall not be lawful to inter any corpse in any Ceme- 
 tery or Church Yard of any Parish Church which has been built since 
 the fourth day of June, one thousand eight hundred and thirty one ; 
 
 Rights of 
 purchasers 
 of Gallery- 
 Seats ralid 
 until notice 
 given. 
 
 Gallery 
 seats in 
 future, not 
 to be sold 
 for more 
 than three 
 years; 
 Vestry may 
 
 Scats in 
 Pembroke 
 Parish 
 Church to be 
 reserved for 
 the Gov- 
 ernor and 
 the Naval 
 Commander- 
 in-Chief. 
 
 Distances 
 prescribed 
 for inter- 
 ment from 
 outer walls 
 of Churches 
 built subse- 
 quent to 4th 
 June, 1881. 
 
1833.] BERMUDAACTS. 205 
 
 or wHch shall hereafter be built in any Parish in these Islands, within 
 the following distances, to wit, within twelve feet from the outer walls 
 of either end thereof, or within six feet from all other outer walls 
 thereof: — ^but whereas Churches having Steeples at one end do not 
 admit of any enlargement at such end beyond the projection or front 
 of such Steeple, be it enacted, that in such cases no Corpse shall be 
 interred within six feet of the outer end wall of such Steeple, nor 
 within eighteen feet of the outer wall of the opposite end of the 
 Church. 
 
 XI. And be it, &c., that in none of the Church Yards of any ReguiatioDs 
 other Church in these Islands, built bpfore the period aforesaid, shall mentis" 
 any new burial place be opened within the aforesaid distances, unless churches °' 
 there be a want of sufficient room in other parts of such Church Yard ; ^Jj j^n^"*^'" 
 always provided, that this shall not extend to prevent the interment of issi. 
 Corpses in any grave or tomb, or burial place which has hitherto been 
 used as a family burial-place within any such distances ; provided fur- Proviso. 
 ther^ that such use be confined in future to individuals of the same 
 family, and that the contiguity of graves shall in no case be considered 
 as forming an obstacle to any extension of any part of the Church over 
 them ; and that nothing in this Act contained be construed to permit a 
 burial within any Church. 
 
 XII. And be it, &c., that it shall be lawful for any purchaser or Notice of giv- 
 holder of any Seat or Pew, in whole or in part, in cases not herein |"^ "p =''5'?' 
 
 •Tif»i- !• 1 "Ti ' T . When, and to 
 
 otherwise provided lor, to give up his or her Pew, or interest therein, whom to be 
 after a notice of one Calendar Month before the third Monday after ^'"'^' 
 Easter Monday, instead of three Months as required by the Act hereby 
 amended, and that a written notice to the Yestry Clerk and one or 
 more of the Justices of the Peace, shall be deemed sufficient notice to 
 the Yestry and Justices; and the Yestry Clerk shall thereupon 
 notify each member of the Yestry of such notice, and enter the same 
 on the Parish Books. 
 
 XIII. And whereas as the Law now is, no person is entitled to None but a 
 hold any Pew in the Church of any Parish in which he is not resident ; "o^^^'iaei. 
 — and whereas, from the size of the pews in the several Parish tohoida 
 Churches in these Islands, the allowing of any one person to purchase parish ""^ 
 more than one pew would interfere with that accommodation which S!;?^J;i"'* 
 ought to be attoraed in as equal a manner as possible to the resident "lan one. 
 Parishioners generally, be it further enacted, that no person except 
 a resident house-holder shall be allowed to become the holder of any 
 seat or Pew in any Parish Church, and in no instance of more than 
 one. 
 
 XIY. And whereas in the assessment of persona,l property different ^^^3^,^ ^^^ 
 practices have obtained in several of the Parishes as to the assessment cargoes on 
 of Yessels belonging to the Inhabitants of these Islands ; — in order, assYss'ed°in* 
 therefore, to declare what the Law shall be in such cases in future, be ^hcfel?*"^^ 
 it enacted, that all such vessels as well as their Cargoes on board, their owners 
 shall be liable to be assessed in the Parish or Parishes in which the """'^^^■ 
 Owner or Owners thereof shall reside according to their respective 
 interests therein. 
 
206 BERMUDA ACTS. [1834. 
 
 1834. No. 1. 
 
 AN ACT for the Abolition of Slavery in these Islcmds, in considera- 
 tion of Compensation. 
 
 [10 February, 1834.] 
 
 Preamble. WHEREAS ail Act has recently passed the Imperial Parliament, 
 
 entitled " An Act for the abolition of Slavery, throughout the British 
 Colonies ; for promoting the Industry of the manumitted Slaves ; and 
 for compensating the Persons hitherto entitled to the services of such 
 Slaves." And whereas by that Act the Sum of Twenty Millions 
 Pounds Sterling is appropriated for the Persons entitled to the serv- 
 ices of such Slaves : and whereas in consideration thereof it is expedi- 
 ent that an Act should pass the Legislature of these Islands to effect 
 the abolition of Slavery : 
 
 Slavery to I. "Wc, therefore, &c., and be it enacted, &c., that all and every 
 
 flret day of" ^^^ Pcrsous who, on the first day of August, One thousand eight 
 August, Hundred and thirty-four shall be holden in Slavery within these Isl- 
 ands, shall upon, and from and after the said first day of August, One 
 thousand eight hundred and thirty-four become and be to all intents 
 and purposes free and discharged of and from all manner of Slavery, 
 and shall be absolutely and forever manumitted, and that the Children 
 thereafter to be born to any such persons, and the offspring of such 
 Children, shall in like manner be free from their birth ; and that from 
 and after the said first day of August, One thousand eight hundred 
 and thirty-four. Slavery shall be, and is hereby utterly and forever 
 abolished, and declared unlawful in these, His Majesty's Islands of 
 Bermuda. 
 
 The Appren- H. And whcrcas it is considered that it will be for the benefit of 
 
 tem'S^be^^ all Parties, that the Apprenticeship System contemplated by the afore- 
 
 ^pensed g^j^j Statute of the Imperial Parliament should be dispensed with, be 
 
 it further enacted, that the said Apprenticeship System be, and the 
 
 same is hereby altogether dispensed with as respects these Islands. 
 
 1834. No. 2. 
 
 AN ACT to repeal the Laws exclusively applicable to Free BlacTc and 
 Free Coloured Persons, and to extend to them tlie Laws applicable to 
 White Persons ; and to fix the Qualifications for Jurors, Voters, 
 and the Elector's and Candidates for certain Offices and Places of 
 Trust. 
 
 [10 February, 1834.] 
 
 WPIEREAS it is expedient to relieve Free Blacks and Free Per- 
 sons of Colour, from certain disabilities, liabilities, and restrictions to 
 which they are now subject, and extend to them the Laws now appli- 
 
1834.J BERMUDA ACTS. 207 
 
 cable to White Persons, and to fix the Qualification for Jurors, Voters, 
 and the* Electors, and Candidates for certain Offices and places of 
 Trust: 
 
 I. We therefore, &c., and be it enacted, &c., that upon, and from Auenact- 
 and after, the first day of August, in the year of our Lord one Thou- Sting'ex'-'"^' 
 sand eight Hundred and thirty-four, the Act, passed in the Tear one ^'"ainal'' 
 Thousand eight Hundred and twenty-seven, and since continued, inti- biack and 
 tuled, " An Act to ameliorate the condition of Slaves and Free Persons som^il'""^ 
 of Colour," and also the Act passed in the Year One Thousand seven I'^^'^d. 
 hundred and sixty-four, intituled " An Act for the better government 
 
 of Negroes, Mulattoes, and Indians, bond or free, and for the more 
 effectual punishing conspiracies, and insurrections of them." And 
 every other enactment in any Act of the Legislature of these Islands 
 imposing upon Black or Coloured Persons, either Bond or Free, any 
 Penalty, Duty, Disability or Liability, to which White Persons are 
 not subject by Law, or taking away from Black or Colou'red Persons, 
 either Bond or Free, any right, privilege or franchise from which 
 White Persons are not excluded, be, and the same are hereby repealed. 
 
 II. And be it further enacted, that all rights, privileges and fran- ah the 
 chises which upon and from and after the said first day of August, Sli ''™' 
 shall or may be enjoyed by White Persoas, shall, upon, and from and franchises, 
 after the said first day of August, be equally enjoyed by the Free buities^ot 
 Black and Coloured Persons, and that upon, from and after, the said To'li's'^ex-'^" 
 first day of August, all Free Black and Coloured Persons shall be (™*b?a'c°k 
 subject and liable to all pains, penalties, duties, conditions, restrictions, and colored 
 disabilities, and liabilities, to which White Persons shall be subject '""'^°°^- 
 and liable. 
 
 III. And whereas by the enactments hereinbefore repealed. Free 
 Black and Coloured Persons are altogether excluded from certain Ofii- 
 ces and Places of Trust, and from the exercise of certain franchises, 
 which by the operation of this Act they may enjoy upon, from and 
 after the first day of August, one thousand eight hundred and thirty- 
 four, and it is expedient that the amount of property qualifying all 
 persons, as well White as Black, and Coloured, for the enjoyment of 
 
 such Ofiices, Places, and Franchises, should be fixed by Law ; — There- Quaimcation 
 fore be it further enacted that upon, and from and after the said first f vote for a 
 day of August, no person shall be capable of voting in the Elee- As™mWy° 
 tion of a Member to serve in the General Assembly who shall not 
 possess, in his own riglit, within the Parisli to be represented, or re- 
 ceive the profits, to his own use, of a freehold rated at the last Parish 
 assessment, at not less than One hundred Pounds of current Money, 
 instead of Forty Pounds as now required by the Act passed in the 
 Year One Thousand Seven Hundred and eighty-nixie, for regulating 
 the Election of Members to serve in the General Assembly, and who 
 shall not in all other respects, conform to the prescriptions of the 
 said Act. 
 
 IV. And be it further enacted, that upon, from and after the said . 
 First day of August, no person not possessing in his own right, within ^"^''jJ^g^^J™ 
 the Parish to be represented, or receiving the Profits to his own use, of Assemwy! 
 of a Freehold rated at the last Parish Assessment at not less than 
 
208 BERMUDA ACTS. [1834. 
 
 Four limidred Pounds instead of Two hundred Pounds, as now re- 
 quired by the Act aforesaid, and not in all other respects conforming 
 to the prescriptions of the said Act, shall be capable of being elected 
 to serve as a Member in the General Assembly. 
 
 to"?^e°for°" ^- -^<i be it further enacted, that upon, from and after the said 
 
 Mayor, Ai- first day of August, no person shall be capable of voting in the Elec- 
 
 common tiou of a Majop, Alderman or Common Councilman for the Town of 
 
 councuman. Hamilton or the Town of St. George, who shall not possess, in his 
 
 own right, or receive to his own use the profits of, a Freehold within 
 
 the Town to which such vote may refer, rated at the last Parish 
 
 Assessment at not less than one hundred Ponnds. 
 
 QDaiiflcation YI. And be it further enacted, that upon, from and after the said 
 ie. *^"' first day of August, no Person not possessing in his own right, or re- 
 ceiving the profits to his own use of, a Freehold, within the Town to 
 which such Election shall refer, rated at the last Parish Assessment at 
 not less than Four hundred pounds, shall be capable of being elected 
 as Mayor, Alderman or Common Councilman for either of the said 
 Towns of Hamilton or St. George. 
 
 • to^lJS'fOT ° ^^- -^^^ ^® ^^ f'l^^isr enacted, that upon, from and after the said 
 vestrymaD, First day of Augiist, no person shall be capable of voting in the 
 Sn'or'cJn- ElcctioH of auy Vestryman, Church Warden or Constable in any Par- 
 stabie. jg]^ jj^ these Islands, or at any Parish mpeting for the voting of Money 
 or bringing any Charge or expenee upon the Parish, imless such Per- 
 son, at the time of such voting, shall be possessed, in his own right, 
 or receive to his own use, the profits of Keal Estate within such Parish 
 i-ated at the last Parish assessment at not less than one hundred 
 pounds, or if less, than one hundred pounds, then also possessed in his 
 own right of Personal Estate within sucli Parish rated as aforesaid, at 
 such amount as together with such Peal Estate shall not be less than 
 one hundred pounds ; — or if not possessed or receiving the profits to 
 his own use of any such Real Estate as aforesaid, then possessed in 
 his own right of Personal Estate assessed as aforesaid, at not less 
 than one hundred pounds. Always provided, that nothing in this 
 Act contained sliall be construed to deprive the Rector of any Parish, 
 of any right which he may now lawfully exercise in right of his 
 Benefice. 
 
 Qualification VIII. Aud bc it further enacted that upon, from and after the 
 "" "" said first day of August no person shall be capable of being elected a 
 Vestryman or Church "Warden in any Parish in these Islands Tinless 
 such Person, at the time of such Election, shall be possessed in his 
 o^\Ti right, or receive the Profits to his o^\ti use, of Real Estate within 
 such Parish, rated at the last Parish Assessment at not less than Two 
 himdred pounds, or if less than Two hundred pounds, then also pos- 
 sessed in his own right of Personal Estate within such Parish rated 
 as aforesaid, at such amount as together with such Real Estate may 
 may be not less than Two himdred pounds, or if not possessed or re- 
 ceiving the profits to his own use of any such Real Estate as afore- 
 said, then possessed in his own right of Personal Estate, assessed as 
 aforesaid, at not less than two hundred pounds. 
 
 for Vestry- 
 man or 
 Church 
 Warden, 
 
1834.] BERMUDAACTS. 209 
 
 IX. And whereas by an Act passed the Legislature of tliese Islands Qualification 
 on the seventh day of March one thousand seven hundred and thirty- '"'' •''"'°''^- 
 eight-nine, for regulating Jurors to serve in the several Courts for 
 these Islands, a Register is required to be kept in each Parish, wherein 
 shall be written the names of all the Parishioners of each respective 
 Parish qualified to serve as Jurors, who are thereby required to be 
 men of reputed integrity, and whose Estates respectively are worth 
 not less than Forty Pounds Sterling, (or Sixty Pounds of Current 
 Money,) from which Register the Jurors are to be returned to serve 
 in the several Courts of these Islands ; — And it is expedient tliat the 
 Qualification of Jurors fixed by the said Act should be raised beyond 
 the amount of property then required : — Be it further enacted that 
 the Register to be kept as aforesaid shall, from and after the said first 
 day of August comprehend the names of all literate persons, being 
 good and lawful men, and being Parishioners whose Estates shall be 
 worth not less than one hundred pounds of Current Money (instead 
 of Forty pounds sterling as aforesaid,) and that no persi)n shall be 
 returnable for, or deemed qualified to serve as a Juror in any of the 
 Courts of Judicature in these Islands other than persons qualified as 
 herein before mentioned, and who shall be in all other respects quali- 
 fied as required by Law. 
 
 X. And be it further enacted, that from and after the said first day jury de 
 of August no Jury de Tnedietate Ungues shall be allowed by any Court 'itnguS^' 
 of Judicature in these Islands, nor shall any challenge or exception abolished, 
 be allowed for want of any Jury de mcdietate linguae. 
 
 1834. No. 3. 
 
 AN ACT in addition to the Act to simplify and amend the mode of 
 proceeding in the Court of General Assize. 
 
 [•25 March, 1834.] 
 
 WHEREAS it is expedient still further to simplify and amend the p^^^^^y 
 mode of proceeding in the Court of General Assize : "'"" °' 
 
 I. "We, therefore, &c., and be it enacted, &c., that where any issue 
 shall be joined in any Action or Suit at Law in the said Court, and "^ecfto 
 the PlaintiflF or Plaintiff's in any such Action or Suit shall neglect to Sonfor"^" 
 
 trial, 
 
 brmg such issue on to be tried, according to the course and practice according to 
 of the said Court, it shall and may be kwful for the said Court, at onhe cimt, 
 any time after such neglect, upon motion made in open Court, (due 'ttml'' 
 notice having been given thereof,) to give the like Judgment for the ^^l^f^,%^. 
 Defendant or Defendants in every such Action or Suit as in cases of fendant. 
 Nonsuit .-—unless the said Court shall, upon just cause and reasonable 
 terras, _ allow any further time for the trial of such issue :— And if the ^enVtlfbe 
 Plaintiff or Plaintiffs shall neglect to try such issue within the time so ?"''^ '"'^ 
 
 -1-1-1-1 -II " •/ force as 
 
 allowed, then, and in every sucli case, the said Court sliall proceed to Judgments 
 give such Judgment as aforesaid : — Provided always, that all Judg- "St°-^and 
 ments given by virtue hereof shall be of the like force and effect as awarded 
 Judgments upon JSTonsuit, and of no other force or effect : — Provided acoordtogiy. 
 27 
 
210 
 
 BERMUDA ACTS. 
 
 [1834. 
 
 also, that the Defendant or Defendants shall, upon such Judgment, 
 be awarded his, her or their Costs in any Action or Suit where he, she 
 or they would, upon Nonsuit, be entitled to the same, and in no other 
 Action or Suit whatsoever. 
 
 II. And whereas doubts have been entertained whether Money 
 belonging to any Party against whom any Writ of Execution may be 
 issued, in the manner by the said Act specified, is liable to be taken 
 Moneys may and levicd uudcr such Execution — Be it, &c., that it shall be lawful 
 excctttonL for, and the duty of, the Provost Marshal General, or other officer au- 
 «^e manner thorfzed to scrvc any such Execution, to levy and take the Moneys 
 Property, belonging to the Party against whom such Execution may be issued, 
 either in the hands of such Officer or in the hands of any other Per- 
 son, where he may find the same, and to apply the same towai-ds 
 satisfaction of the said Execution, in like manner as other Property of 
 such Party is applicable. 
 
 Duration. III. And bc it, &c., that this Act shall continue and be in force 
 
 for and during the term of two years, and thence to the end of the 
 next Session of the Legislature, and then to determine and expire. 
 
 [Made perpetual by Act of 1S48, No. 19.] 
 
 1834. No. 6. 
 
 KE ACT in addition to the " Act as well for the relief of the Poor 
 as for the putting out Apprentices, and setting idle Persons to 
 Worh" 
 
 [25 June, 1834.] 
 
 Preamble. WHEKEAS by the Act, whereof the Title is above recited, passed 
 
 the thirteenth day of July, in the Year of Our Lord One TJiousand 
 Seven Hundred and Eighty Seven, it is, amongst other things, enact- 
 ed, "that it shall and maybe lawful for the Church Wardens and 
 Overseers of the poor of any parish, by the assent of the Justice or 
 Justices of the Parish, to bind out any poor Child that they shall 
 think proper, to be an apprentice, until such Child, if a Male, shall 
 arrive to the age of Twenty-one years ; and if a Female, to the age of 
 Twenty years or the time of her marriage ; and that the same be as 
 effectual to all intents and purposes, as if such child was of full age, 
 and by Indenture of Covenant bound himself or herself." And 
 whereas it hath been usual for such Apprentices to be bound by Deed 
 indented, but there being no express enactment to that effect — it 
 may be doubtful how far it may be Obligatory in Law so to bind 
 them : — 
 
 I. We, therefore, &c., and be it enacted, &c., that all binding of 
 
 fo'Erbound such Apprentices shall, in all cases be by deed indented. And be it 
 
 den'ted*"" enacted and declared that, under and by' virtue of the aforesaid Act, 
 
 whereof the Title is herein first recited, it is and shall and may be 
 
 lawful for such oversee:t's of the poor, by and with the consent of the 
 
 Justices as therein mentioned, to bind out by Indenture any poor 
 
1834.] BERMUDA ACTS. 211 
 
 male Child to be an Apprentice to the Sea Service, and that every ovei-aeers 
 person to whom such Apprentice shall have been bound, may employ "oTrSe 
 him at any time in any Vessel of which such person may be the Mas- chuaien as 
 
 , /-\ A ^ '771 11 -T 1111 Apprentices 
 
 ter or Owner. Always provided that such bmdmg shall be to some to the sea, 
 one of His Majesty's subjects resident within these Islands, and being ^'"^™°- 
 at the time of the execution of such Indenture, Master or Owner of 
 some Ship or Vessel used in the Sea Service, and registered as belong- 
 ing to some port or ports within tlie said Islands : And provided 
 moreover, that such Child be not under the age of ten years, and be 
 in other respects fitly qnalified both as to health and strength of body 
 for such service : And to the end that the tei-m of the continuance of 
 the service of any such Parish Apprentice may more plainly and cei'- 
 tainly appear. Be it further enacted that the age of every such Ap- -Age »/ Ap- 
 prentice shall be inserted in his Indentures, being taken truly from a be inserted 
 copy of the entry in the registry Book wherein the time of his being a°entares. 
 baptized is, or shall be entered, where the same can or may be had, (seenoteA.) 
 which Cop3^ shall be given and attested by the Minister of the Parish 
 wherein such baptism shall be registered, without fee or reward, and 
 where no such entry of such child can be found, the said Overseers 
 and Justices shall as fully as they can, inform themselves of such 
 Child's age, and from such information shall insert, or cause to be 
 inserted the same in the said Indentures, and the age of such Child so 
 inserted in such Indentures, shall in relation to the continuance of the 
 Apprenticeship, be taken to be the true age of such Child without 
 any further proof. 
 
 II. And "Whereas in the Indentures of Apprenticeship for such 
 Apprentices it hath been iisual to insert several agreements and cove- 
 nants to be done and performed by the several parties thereto : that 
 is to say, an agre'ement on the part of the Apprentice that he will 
 faithfully serve his Master during the term of such Apprenticeship : 
 And also several Covenants on the part of the Master, for himself, his 
 Executors and Administrators that lie the said Master will teach or 
 cause to be taught such apprentice in the business of Husbandry, or 
 of the Sea Service, or in the Craft, mystery or occupation which such 
 Master then useth as the case may be, and that such Master shall also 
 during the term of such Apprenticeship, find and allow unto such 
 Apprentice sufficient meat, drink, apparel, lodging, and all other 
 things needful for an Apprentice during such term. And "Wheeeas 
 in the event of the death of the Master during the term of such Ap- 
 prenticeship, the agreement for service on the part of the Apprentice 
 is at an end, but the covenant for maintenance on the part of the 
 Master still continues in force as far as the Master's assets will ex- 
 tend, or doubts have arisen with respect thereto, in order therefore to 
 remove such doubts, and to obviate any inconvenience therefrom, Be 
 it further enacted that from and after the passing of this Act in case 
 of the death of the Master or Mistress of any poor Apprentice during 
 the term of such Apprenticeship,. such Covenant as is before men- 
 tioned for the maintenance of such Apprentice inserted in the Inden- totm^atl- 
 ture of Apprenticeship by which such Apprentice shall have been or pj^^^'p. 
 shall be bound, shall not continue and be in force for and during any prentices to 
 longer time than for three Calendar Months next after the death of thre° """^ 
 such Master or Mistress, and that during such three Calendar Months Sh of "" 
 such Apprentice shall continue to live with and serve as an Appren- Masters. 
 
212 BERMUDA ACTS. [1834. 
 
 tice, tlie Executors and Administrators of sneli Master or Mistress, 
 some or one of them, or such person or persons as such Executors or 
 Administrators, some or one of them, shall appoint : And the Mas- 
 ter or Mistress whom such Apprentice shall accordingly serve during 
 the said three Calendar Months and also such Apprentice shall during 
 that time be subject and liable to all the laws which are or shall be 
 in force for the better government and regulation of Masters and poor 
 Apprentices ; And that in all such Parish Indentures of Apprentice- 
 ship as aforesaid which shall be made-from and after the passing of 
 this Act, there shall be annexed to the covenant in such Indentures 
 to be entered into on the part of the Master or Mistress of such Ap- 
 prentice for such maintenance as aforesaid* a proviso declaring that 
 such covenant shall not be made to continue and be in force for any- 
 longer time than for three Calendar Months next after the death of 
 such Master or Mistress, in case such Master or Mistress shall die 
 during the term of such Apprenticeship, which proviso may be in the 
 form or to the effect mentioned in the Schedule hereunto annexed, 
 marked with the letter A, and in case such proviso shall happen to 
 be omitted in any such Indenture, the Covenant therein contained on 
 the part of the Master or Mistress for the maintenance of the Appren- 
 tice shall be deemed and taken to continue and be in force for no 
 longer time than for tliree Calendar Months next after the death of 
 such Master or Mistress, in case such Master or Mistress shall die 
 dui-ing the term of sucli Apprenticeship, any thing in any such Cov- 
 enant to the contrary notwithstanding. 
 
 [By the Act of 1841, Fo. 11, section 5, no Assignment of any Apprentice is thereafter 
 to be made, and upon the death of the Master or Mistress the Apprenticeship is to deter- 
 mine, whereby the 3, i, 5, 6, and 8 Sections of this Act of 1834, are no longer in force.] 
 
 Magistrates VII. And whereas much difficulty and delay must necessarily 
 Sess"* happen in bringing an action upon the covenant for maintenance 
 agS Mas- before mentioned, contained in any such Indenture of Parish Appren- 
 teranotfui. ticos, Bc it further enacted, tliat in case any such original Master or 
 
 filling COT- ----.' p -T ' .."^ -11 1 
 
 enantstor Mistrcss as aforesaid or any master or mistress appointed under or by 
 nance^and virtuc of this Act shall dui'ing the Term of any such Parish Appren- 
 parish"^ tice, as aforesaid, or if the Executors or Administrators of such Master 
 Apprentices, or Mistrcss, any or either of them, having assets, shall during such 
 Three Calendar Months as aforesaid, refuse or neglect to maintain and 
 provide for any such Apprentice accoi'ding to the terms of such cove- 
 pant, it shall and may be lawful for any one or more Justices of the 
 Peace of the Parish to which such apprentice shall belong, on com- 
 plaint of such apprentice, or of the Church "Wardens and Overseers 
 of the Poor of such parish, by warrant under their hands and seals, 
 to levy by distress and sale of the personal estate and effects or assets 
 of such master or mistress respectively, such sum or sums of money 
 as shall be necessary for the maintenance, provision and clothing of 
 such Apprentice, and as shall' also be necessary to reimburse to the 
 Overseers of the Poor of such Parish any sum or sums of money that 
 shall have been reasonably expended by them for that purpose. 
 
 YIII. '(Section— not in force since Act of 1841, JSTo. 11.) 
 
 IX. And Whereas no express provision has been made for the 
 discharging of any such Parish Apprentice from a Master or Mistress 
 
1834.] BERMUDA ACTS. 213 
 
 who is become insolvent, or is so far reduced in his or her cir- JaBtioesmay 
 cumstances as to be unable to employ or maintain such apprentice, JppSces 
 Be it further enacted that it shall and may be lawful for two Justices Mister'™"' 
 of the Peace of the Parish where such Master or Mistress shall Misti-eas, on 
 live, on the application of such master or mistress requesting that any '^'"^^ ' 
 such apprentice may be discharged, for the reasons aforesaid, to en- 
 quire into the matter of such allegations and to discharge any such 
 apprentice from his Apprenticeship, in case the said two Justices shall 
 find such allegations to be true — or in such case to authorize the (^^AAot 
 assignment of such parish apprentice if such Justices shall think no.ii.) 
 proper, in manner herein before mentioned, if there be any suitable 
 person in the estimation of such Justices, willing to take an assign- 
 ment of such Apprentice for the remainder of the term of his appren- 
 ticeship. 
 
 X. And "Whereas it is expedient to make certain regulations Magiatiates 
 relating not only to apprentices but to certain Servants herein after Srenoe/ 
 specified, Be it further enacted, that all complaints, differences and Mastereand 
 disputes, which shall happen or arise between Masters or Mistresses l'"'V"^%'^^ 
 and servants in husbandry, artificers, handicraftsmen, and other la- &c., ana ' 
 bourers employed for any certain time or in any other manner, shall Srttepay- 
 be heard and determined bv one or more Justices of the Peace of the "^ntof 
 
 •i-» . ^ . 1 • ■ . * wages to the 
 
 Parish where such Master or Mistress shall inhabit, which said one or amount of 
 
 -w- .' ' 11 1 , • ,1 Ten Pounds. 
 
 more J ustices is or are Jiereby empowered to examine upon oatJi any 
 such servant, artificer, handicraftsmen, or other labourer, or any other 
 Witness or Witnesses touching any such complaint, difference or dis- 
 pute, and to make such order for payment of so much wages to such 
 servant, artificer, handicraftsman or other labourer as to such Justice 
 or Justices shall seem just and reasonable, provided that the sum in 
 question do not exceed ten pounds, and in case of refusal or non pay- 
 ment of any sum so ordered by the space of ten days next after such 
 determination such Justice or Justices shall and may issue forth his 
 or their warrant to levy the same by distress and sale of the goods and 
 chattels of such Master or Mistress, or person employing such servant, 
 artificer, handicraftsman, or other labourer, rendering the overplus to thLlotto 
 the owners after payment of the charges of such distress and sale : ^eSai or 
 And provided further that nothing in this Act contained extend or be =""1^1° 
 construed to extend to menial or domestic servants. 
 
 XI. And be it, &e., that it shall and may be lawful to and for 
 such Justice or Justices upon application or complaint made upon 
 oath by any Master, Mistress, or employer against any such servant, 
 artificer, handicraftsman or labourer, touching or concernina; anv mis- Miscondnot 
 
 T . . .11 Ti* . 11. 1 • of servants 
 
 demeanor, miscarriage, or ill behaviour m such liis or her service, or in husband- 
 employment (which oath any such Justice is hereby empowered to be'pums'hed 
 administer) to hear, examine and determine the same and to punish ^^^^^^ 
 the Offender by a commitment to one of his Ma,]'esty's Gaols, with or 
 without hard labor for a reasonable time not exceeding one Calendar 
 Month, or otherwise by abating some part of his or her wages, or by 
 discharging such servant, artificer, handicraftsman or labourer, from 
 his, her or their service or employment : And in like manner also it 
 shall and may be lawful to and for such Justice or Justices of the 
 Peace, upon any complaint or application upon oath by any such ser- 
 vant, artificer, handicraftsman or other labourer, against such Master, 
 
214 
 
 BERMUDA ACTS, 
 
 [1834. 
 
 Servants in 
 husbandry, 
 &c., being 
 ill-treated 
 by Employ- 
 ers, may be 
 discharged 
 by Magis- 
 trates from 
 their serv- 
 ice. 
 
 Magistrates 
 may dis- 
 charge Ap- 
 prentices 
 who are ill- 
 treated by 
 Masters. 
 
 Magistrates 
 may punish 
 Apprentices 
 for miscon- 
 duct. 
 
 Apprentices 
 may appeal 
 to Quarter 
 Sessions. 
 
 Mistress or Employer touching or concerning any misusage, refusal of 
 necessary provision, cruelty or other ill treatment, of, to, or towards 
 such servant, artificer, handicraftsman or other labourer, to siimmon 
 such master, mistress, or Employer to appear before such Justice or 
 Justices at a reasonable time to be prefixed in such summons : and 
 such Justice or Justices shall and may examine into the matter of such 
 complaint, whether such Master or Mistress or Employer shall ap- 
 pear or not, proof being made upon oath of his or her being duly 
 summoned, and upon proof of such complaint made to his or their 
 satisfaction, to discharge such servant, artificer, handicraftsman, or 
 other labourer of and from his said service and employment, which 
 discharge shall be given under the hands and seals of such Justice or 
 Justices gratis. 
 
 XII. And be it, &c., that it shall and may be lawful to and for 
 any such Justice or Justices of tlie Peace upon any complaint or ap- 
 plication by anj"^ Parish Apprentice, or any other apprentice touching 
 or concerning any misusage, refusal of necessary provision, cruelty, 
 or other ill treatment of or towards such apprentice by his or her 
 Master or Mistress, to summon such Master or Mistress to appear 
 before such Justice or Justices at a reasonable time to be named in 
 such summons, and such Justice or Justices shall and may examine 
 into the matter of such complaint, and upon proof thereof made upon 
 oath or otherwise to their satisfaction (whether the Master or Mistress 
 be present or not, if service of tlie summons be also upon oath proved) 
 the said Justice or Justices may discharge such Apprentice by war- 
 rant or certificate under their hands and seals, for which warrant or 
 certificate no fees shall be paid. 
 
 XIII. And be it, &c., that it shall and may be lawful to and for 
 such Justice or Justices of the Peace, upon complaint or application 
 made by any Master or Mistress, and proved upon oath or otherwise, 
 against any such Apprentice touching or concerning any misdemeanor 
 miscai-riage or ill behaviour in such his or her service which Oath 
 any such Justice is hereby empowered to administer, to hear, examine 
 and determine the same, and to punish the oifender by impi-isonment 
 with or without hard labour, in any one of His Majesty's Gaols for a 
 reasonable time not exceeding One Calendar Month, or otherwise, by 
 discharging such apprentice in manner and form before mentioned : 
 Provided nevertheless that if any person or persons shall think him- 
 self, herself or themselves aggrieved by such determination, order, or 
 "Warrant of such Justice or Justices as aforesaid, save and except any 
 order of Commitment, he, she or they may appeal to the next Gene- 
 ral Quarter Sessions of the Peace for these Islands, which said Quar- 
 ter Sessions is hereby empowered to hear and finally determine the 
 same, and to give and award such Costs to any of the respective per- 
 sons appellant or respondent as the said Sessions shall judge reasona- 
 ble, not exceeding Forty Shillings, the same to be levied by distress 
 and sale in manner before mentioned. 
 
 XIY. And Whereas it is fit that the expectation of such discharge 
 of any Parish Apprentice should not operate as an inducement to such 
 ill-treatment, — Be it, &c., that in every case where any Parish 
 Apprentice whatsoever shall be discharged from his apprenticeship by 
 
1834.] BERMUDA ACTS. 215 
 
 silch Justice or Justices under and by virtue of this Act, for any such Appareiof 
 ill-treatment as aforesaid by his or her Master or Mistress, it shall and parfSp-'' 
 may be lawful for such Justice or Justices, to order such master or ge™eiiyere'd 
 mistress to deliver up to such apprentice, his or her Clothes and wear- up,orequiT- 
 ing apparel, and to pay a sum not exceeding Five Pounds in case such '^ ™ ^^ ' 
 master or mistress shall refuse to deliver up such clothes and wearing 
 apparel, and in case such master or mistress shall refuse to pay the 
 sum so ordered by the said Justice or Justices to be paid as aforesaid, 
 it shall and may be lawful for such Justice or Justices by "Warrant 
 under hand and seal, to levy the same by distress and sale of the 
 goods and chattels of such master or mistress, together with reasonable 
 expences of such distress, and also that it shall and may be lawful for 
 such Justice or Justices if they shall so think fit, to compel such Over- 
 seers of the Poor, some or one of them, to outer into a recognizance 
 for the effectual prosecution by Indictment of such master or mistress 
 for such ill-treatment of any such apprentice so discharged as afore- 
 said. 
 
 XV. And Whereas it would not be expedient that any such Masters 
 Master or Mistress should be again entrusted with the care of another p'SiTa™ 
 Parish Apprentice :- — Be it, &c., that in every case where any Parish haTCbeen 
 Apprentice shall have been so discharged from any master or mistress removed by 
 as last aforesaid under and by virtue of this Act, and such master or treatment,' 
 mistress shall have been convicted of such offence, in consequence of othVra bound 
 such prosecution by Indictment as aforesaid, or shall have been found '" ""'"■ 
 guilty thereof in any action brought at the suit of the party injured, 
 
 it shall not be lawful for the Overseers of the Poor of any Parish to 
 bind any other Apprentice to such person. Provided always, that it 
 shall and may be lawful for such master or mistress as aforesaid from 
 whom any Parish apprentice shall be discharged under and by virtue 
 of this Act for the cause last aforesaid, to appeal against the order 
 made for such discharge as aforesaid, and also against any such order 
 made for his or her payment of any such sum or sums qf money in 
 consequence thereof as aforesaid, to the next General Quarter Sessions 
 of the Peace of these Islands, and upon such appeal the said Court of 
 General Quarter Sessions shall finally determine the same and in their f ^'^^"t"^^ 
 discretion allow to all parties their reasonable costs, and no such dis- Quarter ses- 
 tress for enforcing the payment of any such sum as is last mentioned (Seenotes.) 
 shall be taken until after the General Quarter Sessions of the Peace, 
 to be holden next after any such order as aforesaid, shall be made, in 
 case the person who is ordered to pay the. same, shall within seven 
 days after notice given to him or her of such order being made, give 
 notice to such Overseers of the Poor, some or one of them, of such in- 
 tended appeal, and in case such person shall fail to appear in support 
 of his or- her appeal at such General Quarter Sessions, then the Sura 
 of Forty Shillings shall be added to the expences of the distress before 
 directed to be taken and levied. 
 
 XVI. And Whereas it is expedient to prevent the expectation of j^^*;?'^^,^™*^ 
 such discharge being an inducement to ill-behaviour on the part of any parish Ap- 
 such Apprentice as aforesaid; Be it, &c., that in all cases where any charged for" 
 Parish Apprentice shall be discharged by such Justice or Justices Ij'„'j"''°°°" 
 under and by virtue of the enactment aforesaid, from his or her ap- 
 prenticeship, on account of any misdemeanor, miscarriage, or ill- 
 
216 
 
 BERMUDA ACTS. 
 
 [1834. 
 
 behaviour on the part of such apprentice in such his or her service a-s 
 aforesaid, that it shall and may be lawful for such Justice or Justices if 
 they shall think proper, by Warrant under hand and seal, to punish such 
 offender by imprisonment, with or without hard labour, in one of His 
 Majesty's G-aols for a reasonable time, not exceeding Three Calendar 
 Months, as to such Justice or Justices shall seem meet. 
 
 Parties ag. XYII. And be it, &c., that if any person shall be aggrieved by 
 
 gneved may , , , ^ ' ' . , , t , i i i r\ d 
 
 appeal to any matter or thing done or omitted to be done by any Overseer ot 
 S^?ns"'" the Poor, or by any of His Majesty '.s Justices of the Peace, or by any 
 (See note B.) other persou or persons whomsoever under and by virtue of this 
 Act, besides such matters or things for wh|ch an appeal is herein- 
 before specially given. It shall and may be lawful for such person or 
 persons to appeal to the next General Quarter Sessions of the Peace, 
 where the same shall be heard and finally determined, and such 
 Court may award reasonable costs and expences to either party before 
 them. 
 
 XVin. And be it, &c., that if any apprentice shall absent him- 
 self or herself, from his or her Master's or Mistress's service before the 
 term of his or her apprenticeship shall be expired, every such appren- 
 tice shall at any time or times thereafter whenever he or she shall be 
 found, be compelled to serve his or her said master or mistress for so 
 long a time as he or she shall have so absented himself or herself 
 from such service, unless he or she shall make satisfaction to his or her 
 master or mistress for the loss he or she shall have sustained by his 
 or her absence from his or her service, and so from time to time as 
 often as any such Apprentice shall without leave of his or her master 
 or mistress absent himself or herself from his or her service before the 
 term of his or her contract shall be fulfilled : And in case any such 
 apprentice shall refuse to serve as hereby required, or to make such 
 satisfaction to his or her master or mistress, such master or mistress 
 may complain upon oath to any one or more Justices of the Peace 
 where he or she shall reside, which oath any one of such Justices is 
 hereby empowed to administer, and to issue a Warrant under hand 
 and seal for apprehending any such apprentice, and such Justice or 
 Justices upon hearing the complaint may determine what satisfaction 
 shall be made to such master or mistress by such apprentice : — And 
 in case such apprentice shall not give security to make such satisfac- 
 tion according to such determination it shall and may be lawful for 
 such Justice or Justices to commit every such apprentice to one of His 
 Majesty's Gaols for any time not exceeding Three Months. 
 
 XIX. Provided however that no apprentice shall be compelled 
 to serve for any time or term or to make any satisfaction to any Mas- 
 ter or Mistress after the expiration of seven years next after the end 
 of the term of his or her apprenticeship, any thing herein contained 
 to the contrary notwithstanding. 
 
 XX. And be it, &c., that from and after the passing of this Act, 
 if any Servant in husbandry, artificer, handicraftsman or labourer 
 shall contract with any person whomsoever, for any time or times 
 whatsoever and shall absent himself from his or her service before the 
 term of his contract shall be completed, or be guilty of any other mis- 
 
 Apprentices 
 
 absenting 
 thems elves 
 to make up, 
 by addition- 
 al service, 
 for time of 
 absence, or 
 make satis- 
 faction. 
 
 Proviso, 
 
 Servants in 
 husbandry, 
 £c., under 
 contract ab- 
 senting 
 themselves 
 may be ap- 
 prehended 
 
1834.] BERMUDA ACTS. 217 
 
 demeanor, in his or her service or employment, that then and in every under Mag- 
 such case it shall and may be lawful for any Justice or Justices of the wmSts. 
 Peace of these Islands upon the complaint of any such ]V[aster or Mis- 
 tress or his or her Agent, upon oath, which oath any such Justice is 
 hereby empowered to administer, to issue his or their warrant for the 
 apprehending every such Servant, Artificer, Handicraftsman, or La- 
 bourer and to examine into the nature of the complaint, and if it shall 
 appear to such Justice or Justices that any such servant in husbandry, ^^^^"'^'^'^ 
 artificer, handicraftsman, labourer or other person shall not have ful- &c., under' 
 filled such Contract, or hath been giiilty of any misdemeanor in such maTbe' 
 service as aforesaid it shall and may be lawful for such Justice or J""^^,',^^ 
 Justices to commit every such Person to one of His Majesty's Gaols misconduct. 
 for these Islands for any time not exceeding three Calendar Months, 
 nor less than one Calendar Month : and that no person who shall re- 
 tain any such Servant, Artificer, handicraftsman, or labourer shall 
 put away any such Servant, Artificer, handicraftsman or labourer, 
 before the end of his term under a penalty not exceeding Ten Pounds Penalty for 
 to the party grieved unless it be for some reasonable and sufficient away°ferv- 
 cause or matter to be allowed by one or more Justices of the Peace ™eena'of 
 of and for the Parish where the Party grieved may reside, to whom ^'j^^™' 
 any party grieved shall complain, and who shall take upon him or cause. 
 them the hearing and ordering of the matter. 
 
 XXI. Provided further that if any person shall think himself J^jJj\'J^° 
 aggrieved by such determination Order or Warrant of any such Jus- selves ag- 
 tiee or Justices of the Peace as aforesaid — except an order of commit- Ipplau™*^ 
 ment, every such person may appeal to the next General Quarter Ses- ^"^^^'' ^'^'" 
 sions of the Peace to be holden for these Islands, such person giving (seenoteB.) 
 six days notice of his intention of bringing such Appeal, and of the 
 
 cause and matter thereof, to such Justice or Justices of the Peace, 
 and the party concerned, and entering into a Recognizance within 
 three days after such notice before some Justice of the Peace of the 
 said Islands with sufficient surety conditioned to try such Appeal at, 
 and abide the order or Judgment of and pay such costs as shall be 
 awarded by the Justices at such Quarter Sessions, which said Justices 
 at their said Sessions upon due proof of such notice being given and 
 of entering into such recognizance as aforesaid, shall and are hereby di- 
 rected to proceed to hear and determine the causes and matters of all such 
 appeals, and shall give such relief and costs to the parties appealing, 
 or appealed against as they in their discretion shall judge proper and 
 reasonable, and their Judgments and orders therein shall be final and 
 conclusive to all parties concerned : Provided also and be it further 
 enacted that no Writ of CeHiorari or other process shall issue or be 
 issuable to remove any proceeding whatever had in pursuance of this 
 Act into any of the Courts of Eecord in these Islands. 
 
 XXII. [Not in force since Act of 18il, No. 11. J 
 
 XXIII. And Whereas it may tend to the benefit of Children overseers to 
 bound as Apprentices pursuant to this or any other Act, if the said Over- to-To? Ip-' 
 seers were required to keep a Pegister of all Children who shall be so p"'^°'"'<'*- 
 bound ; Be it, &c., that the Overseers aforesaid of every Parish in these 
 Islands shall provide at the Parish expence and keep a Book or Books 
 
 in the Vestry Room of the Parishes to which they shall respectively 
 28 
 
218 BEEMUDAACTS. [1834. 
 
 belong and enter or cause to be entered therein tbe name of every 
 child who shall be bound out or assigned by virtue of this or any 
 other Act, as Apprentice and of the names of the persons to whom so 
 bound or assigned, with the several other particulars in manner and 
 form required by this or any other Act, according to the Schedule 
 hereunto annexed marked " F," and every such entry when made in 
 such registry, shall be produced and laid before the Justices, who shall 
 signify theii- assent to the Indenture of Apprenticeship of every such 
 Child at the time when such Indenture shall be laid before such Jus- 
 tices for their assent as required by the said first recited Act, and 
 each entry in the said registry shall if approved of by such Justices 
 be signed by them according to the form marked in the schedule " F." 
 
 Penalty for XXIV. And be it, &c., that if any such Overseer shall refuse or 
 kelpS'" neglect to provide and keep such a Book or Books, or to make such 
 Sro^°gu°" ^^ entry therein, or shall destroy or permit to be destroyed any such 
 &c. ' Book or Books, or shall wilfully obliterate, deface or alter any such 
 entry, so that the same shall not be a true entry of the several partic- 
 ulars hereby required, or shall make a false entry therein or shall per- 
 mit the same to be done, or shall not produce or lay such book or 
 books before such Justices as aforesaid for their signature or shall not 
 deliver or tender or cause to be delivered or tendered such book or 
 books to his successor in Office within three days after the appoint- 
 ment of such successor, or if any successor shall neglect or refuse to 
 receive the same when offered to him by his predecessor in office, that 
 every such person so offending, shall for every such offence on conviction, 
 before any one or more of His Majesty's Justices of the Peace of the 
 Parish where the offence shall bo committed, on the oath of any cred- 
 ible witness, or otherwise, forfeit any sum not exceeding Five Pounds, 
 to be recovered as debts not exceeding Five Pounds, are recoverable. 
 
 Apprentice XXV. And bc it, &e., that it shall and may be lawful for any 
 befprato" person upon application to such Overseers, at all reasonable times to 
 and to'be"' i^spect such Books, and to have a copy of such entry, upon payment 
 Evidence of to such Overseers for such inspection and copy the sum of two shillings 
 and six pence, except that the Justices of the Peace acting in and for 
 the said Parish, shall and may be entitled at all times to inspect any 
 such Book gratis : And that every such Book shall be deemed suffi- 
 cient evidence in all Courts of Law whatsoever in proof of the exist- 
 ence of the Indentures of any Parish Apprentice and of the several 
 particulars specified in the said register respecting such Indentures, in 
 case it shall be proved to the satisfaction of such Courts that the said 
 Indentures are lost, or have been destroyed. 
 
 That part of XXVI. And Whcrcas it is in and by the Act entitled " an Act as 
 
 difect'n™^ well for the relief of the Poor, as for the putting out Apprentices, and 
 
 jferaomto setting idle persons to woi'k ;" amongst other things enacted " that the 
 
 be hired out Church Wardens and Overseers therein mentioned, be respectively 
 
 ped-r'^e*' authorizcd and empowered by and with the advice and consent of the 
 
 pealed. Justice or Justices of the Peace of their respective Parishes to take up 
 
 and hire for any time not exceeding Two Years all such persons, 
 
 whether married or unmarried, as shall be found in their respective 
 
 Parishes having no means wherewith to maintain themselves, and 
 
 • usin'g no daily trade, occupation, labour or business to obtain a liveli- 
 
1834.] BERMUDA ACTS. 219 
 
 hood by, and in case any idle person so taken up, shall reitise to go to 
 service, or having gone to service refuse to labour or otherwise misbe- 
 have himself or herself, it shall and may be lawful, for any Justice of 
 the Peace upon complaint to him for that purpose made, to order such 
 idle person upon his or her naked back so many lashes, not exceeding 
 Thirty-nine, for each offence, as such Justice shall think iit and meet." 
 And "Whereas it is believed that such enactment has never been car- 
 ried into effect, and it is deemed expedient to repeal the same ; Be it, 
 &c., that the same be, and is hereby repealed. 
 
 XXVII. And Whereas it is in and by the said last recited Act 
 provided, "that the Father and Grandfather and the Mother and 
 Grandmother and the Children of every Poor, Old, Blind, Lame, and ■ 
 Impotent Person or other Poor Person, not able to work, being of 
 sufficient ability, shall at their own charge relieve and maintain every 
 such poor person in such manner, and according to such rate as by the 
 Justice or Justices of the Peace and Vestry of the Parish where such 
 sufficient persons dwell, shall be decreed and ordered, upon pain that ev- 
 ery one of them shall forfeit and pay Twenty Shillings for every Month 
 which they shall fail therein." And Whereas it is deemed just and 
 proper to extend a similar obligation to a certain extent to the Fathers 
 and Mothers of Children born of Slaves and to the Fathers and Moth- 
 ers of Children of whom any mother may have been enceinte while in 
 a state of Slavery : Be it, &c., that on, from and after the First day of After the u* 
 August next, the father and mother of every child born of a slave and J^^"!^' 
 the father and mother of every child of whom any mother was enceinte c™{^°en 
 while such mother was in a state of slavery, shall in like manner be bom in 
 liable to make provision for any such child being under the age of mlJnSin 
 Twelve years, and that for the purposes of this Act, the persons gen- J^^hrf ' 
 erally reputed to be the fathers of such children shall be deemed and years of 
 taken to be such fathers until the contrary shall be reasonably made penawy ot 
 to appear : And be it further enacted that the aforesaid penalty of month. 
 Twenty shillings shall in like manner apply to such mothers and re- 
 puted fathers last mentioned, and that in all cases the said penalty be 
 sued for and recoverable by the Overseers of the Poor in the same 
 manner as debts not exceeding Ten Pounds are recoverable. 
 
 XXVin. And Whereas Parents of poor children may be desirous Parents may 
 of Binding out their Children as Apprentices or placing them out as piace°their 
 Servants, and it is advisable as well to encourage persons to take such f^%^i^'s 
 apprentices or servants as to protect such children when so bound or or servants. 
 placed out. Be it, &c., that it shall and may be lawful for the father 
 of any poor child by Indenture to bind any such child to husbandry 
 or to any trade or to the sea service to any person who shall be will- 
 ing and competent to take the same, or to place out such child as 
 servant, or in case of there being no father living, for the mother to 
 exercise such power until any such child if a male shall attain the age 
 of twenty-one years, or if a female shall attain the age of twenty-one 
 years, or shall be married, and that every such binding or hiring shall 
 be as effectual to all purposes as if such child were of full age, and by 
 indenture had bound him or herself: Always provided that in every 
 case of an illegitimate child it shall and may be lawful for the mother 
 of such child either to apprentice or place out as a servant such child 
 in manner aforesaid. And whereas it may happen that such parents 
 
330 
 
 BERMUDA ACTS, 
 
 [1834. 
 
 as aforesaid, may be unable to maintain such child or children, and 
 may nevertheless be unwilling to place out such child or children to 
 service, and the Overseers of the Poor may not be able to apprentice 
 such child or children to any trade or to husbandry or to the sea serv- 
 AndoTer- icB uuder the authority of this Act : Be it further enacted that in all 
 coMenfof ^^^^ cases it shall and may be lawful for such Overseers by the con- 
 Jjis'ioe. may sent of the Justicc or Justices of the Parish where such child or child- 
 out to seiv- ren shall reside, by indenture to place out such child or children to 
 '°°' service from time to time, until such child if a male shall attain the 
 
 age of twenty-one years, or if a female until such age or her marriage. 
 
 Such chil- 
 dren en- 
 titled to the 
 same pro- 
 tection as 
 parish ap- 
 prentices. 
 
 Neighbour- 
 ing Justices 
 may act, in 
 aid of par- 
 ish Justices. 
 
 Justices for 
 the Islands 
 generally to 
 be deemed 
 Justices of 
 the Parish 
 where they 
 reside. 
 
 XXIX. And be it, &c., that all such Children so apprenticed or 
 placed out as Servants shall be in all cases entitled to the same pro- 
 tection and redress or relief from or against ' their Masters or Mis- 
 tresses, and shall be subject to the like punishments or discharges for 
 ill-behaviour, and entitled and subject to all the provisions which are 
 by this or any other Act made in relation to Parish apprentices. 
 
 XXX. And be it, &c., that in every case in which anything is 
 required by this Act to be done by two or more Justices of the Peace 
 of any Parish, and there shall not be such a number of Justices in 
 such Parish, it shall be the duty of such Justice 'or Justices of the 
 Peace of any neighbouring Parish as may be applied to for the pur- 
 pose to aid in the discharge of the duties prescribed by this act for the 
 Justices of any particular Parish. And be it enacted and declared 
 that all Justices of the Peace appointed for these Islands generally 
 shall be deemed and taken for the purposes of this Act to be Justices 
 of the Parish wherein they shall reside. 
 
 Act of 1827 XXXI. And Whereas an Act was passed the Ninth day of March 
 
 except^asto Ouc thousaud Eight hundred and Twenty-seven entitled "an Act for 
 
 do*M Sider t^e protection and government of Masters and Apprentices," which 
 
 «■ Act was to be in force for and during the term of Ten Years, and 
 
 "Whereas the several provisions in the said Act contained, are mostly 
 
 if not altogether comprised -with various other enactments in the 
 
 present Act, be it, &c., that the said Act whereof the Title is last 
 
 above recited, be and the same is hereby repealed, Provided always 
 
 that nothing done under or by virtue of the said Act be in any wise 
 
 invalidated by such repeal, but that all persons apprenticed under or 
 
 by virtue of the said Act and all Masters and Mistresses of any such 
 
 apprentice be from and after the passing of this Act, subject and 
 
 liable to the several provisions of this Act. 
 
 Act of 1T04 
 repealed. 
 
 XXXII. And be it, &c., that the Act entitled, "an Act for 
 putting out apprentices and setting Idle persons to work," confirmed 
 the third of August, one thousand seven hundred and four, be and the 
 same is hereby repealed. 
 
 and°reii°° XJ^XIII. Aud bc it, «fec., that all Indentures of Apprenticeship 
 
 iTus instmc- and all Deeds whereby any persons shall be placed out as Servants, 
 prenucet"" ^y virtue and under the authority of this Act, shall contain a coven- 
 Iromir^ ant or covenants (or in case such covenant shall happen to be omitted, 
 for." ° it shall be obligatory jiipon the Master or Mistress,) that such Master 
 
1834.] BERMUDA ACTS. 221 
 
 or Mistress will allow reasonable time and opportunity for the educa- 
 tion and religious instruction of such Apprentice or Servant. 
 
 XXXIV. And be it, &c., that this Act shall continue, and be in Duration of 
 
 ) 
 
 force for and during the Term of Seven years, and thence to the end (seetotcc; 
 
 of the next Session of tlie Legislature thereafter. 
 
 ScHEDtTLE A. 
 
 Fm'm of Proviso to he added to the Covenant for Maintenance. 
 
 Provided always that, the said last mentioned covenant on the 
 part of the said (the Master) his Executors and 
 
 Administrators, to be done and performed, shall continue and be in 
 force for no longer time than for Three Calendar Months next after 
 the deatli of the said in case he the said 
 
 shall happen to die during the continuance of such Apprenticeship. 
 
 B. 
 
 Form of the Order of one or moi^e Justices of the Peace directing 
 a Parish Apprentice to continue with the Widow {or as the case may 
 ie\ of his deceased Master, hj Indorsement on the Indenture or coun- 
 terpart thereof. 
 
 [See Act of 1841, No. 11, Section 5.] 
 
 0. 
 
 Form of the like Order iy a separate Instrument. 
 [See Act of 1841, No. 11, Section 8.] 
 
 D. 
 
 Form of the assignment of a Parish Apprentice with the consent of 
 
 'Justice hy Indorsement on the Indentmre or Counterpart. 
 
 [Assignments prohibited by Act of 1841, No. 11.] 
 
 E. 
 
 Form of a like Assignment ly a separate Insi/rwnent. 
 [Assignments prohibited by Act of 1841, No. 11.] 
 
222 
 
 BEEMUDA ACTS, 
 
 [1834. 
 
 Form of the Register. 
 
 
 1 
 
 S 
 
 1 
 
 
 
 
 i 
 1 
 
 ii 
 
 Is 
 
 -2-g 
 §.§> 
 
 1 
 
 1 
 
 ft 
 
 i 
 
 ftn 
 ll 
 
 
 si 
 
 II 
 
 f 
 
 CO 
 
 
 1 
 
 
 o 
 
 a 
 
 M 
 
 t 
 
 w 
 s 
 
 
 ill 
 
 s 
 
 
 is 
 
 1 
 £ 
 
 
 |- 
 
 
 tz; 
 
 P 
 
 |2i 
 
 S, 
 
 < 
 
 tS 
 
 H 
 
 ^ 
 
 a 
 
 m 
 
 H 
 
 -«1 
 
 o 
 
 •^ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 M 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ^ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 "i 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 a 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 & 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 -*j 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 >> 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ,o 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 t3 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 tt) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 o> 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 rfJ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 O 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 H 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Note A. — ^By Actof 1841, No. 11, no child is to be bound by the Overseers for Husbandry 
 or for the manufacture of Colonial produce. No person 16 years of Age to be bound under 
 this Act without hia or her own consent, and no female to be bound beyond the age of 18 
 years. 
 
 Note B. — As to Appeals to the Quarter Sessions, See Act of 1848, No. 18. 
 
 Note C— The Acts of 1834, 1841, and 1848, are continued in force to the end of 1868, 
 by the Act of 185V, No. 18. 
 
 1834. No. 6. 
 
 AN ACT for the Protection of Landlords. 
 
 [25 June, 1834.] 
 
 WHEEEAS it is expedient to make some Regulations relative to 
 actions of Ejectment and for securing the Payment of Eent in certaia 
 
 cases :- 
 
 Goods found 
 in leasehold 
 premises not 
 to be taken 
 in execution 
 until after 
 arrears of 
 rent paid by 
 Plaintiff; 
 not exceed- 
 one year's 
 rent. 
 
 I. "We, therefore, &c., and be it enacted, &c., that no Goods or 
 Chattels whaterer, lying or being in or upon any Messuage, Lands or 
 Tenements which are or shall be leased for life or lives, term of years, 
 at will, or otherwise, shall be liable to be taken by virtue of any Exe- 
 cution or any Writ of Attachment, on any pretence whatever, unless 
 the party at whose suit the said Execution or Attachment is sued out, 
 shall, before the removal of such Goods from off the said Premises by 
 virtue of siich Execution, Attachment or extent, pay to the Landlord 
 of the said premises, or his Bailiff, all such sum or sums of money as 
 
1834.] BEEMUDAACTS. 223 ' 
 
 are or shall be due for Rent for the said Premises at the time of the 
 taking such Goods or Chattels by virtue of such Execution or Attach- 
 ment : provided the said Arrears of rent do not amount to more than 
 one year's rent : — and in case the said arrears shall exceed one year's 
 rent, then the said party at whose suit such execution or attachment 
 is sued out paying the said Landlord, or his Bailiff, one year's rent, 
 may proceed to execute his Judgment or attachment as he might 
 have done before the making of this Act : — and the Provost Marshal 
 General, or other Officer, is hereby empowered and required to levy 
 and pay to the Plaintiff as well the money so paid for rent as the exe- 
 cution or attachment money : — Provided always, that nothing in this ^^^''^^'''s''" 
 Act contained shall extend, or be construed to extend, to let, hinder, crown. 
 or prejudice his Majesty, his Heirs or Successors, in the levying, re- 
 covering or seizing any Debts, fines, penalties or forfeitures that are 
 or shall be due, payable or answerable to his said Majesty, his Heirs 
 or Successors. 
 
 H. And whereas Actions of Ejectment are sometimes brought or Parties nei- 
 defended by insolvent persons without just cause, and in such case the no?^defend* 
 opposite parties, after sustaining the trouble and.expence of the suit, ??''oJ™°t 
 are not able to recover their costs : — for remedy thereof be it, &c., without giv- 
 that at any time after a plea being filed by the Defendant in any Sf costsfmi 
 Ejectment suit, the Plaintiff or Defendant, upon being notified so to fledfo°o'do. 
 do by, or on behalf of the opposite party, shall give security to the 
 amount of Twenty-five pounds by recognizance of some sufficient per- 
 son entered into before his Majesty's Court of General Assize, or one 
 of the Judges thereof at Chambers, conditioned for payment to the 
 opposite party of such costs of suit as may be awarded to such oppo- 
 site party in such suit : — and in case of default or delay in giving 
 such security, the party making such default if Plaintiff, shall not be 
 allowed to proceed further in his suit : — and if Defendant, shall not 
 be allowed to proceed further in his defence ; — and the said plea of 
 such Defendant shall be deemed and taken to be a nullity. 
 
 in. Provided always, and be it further enacted and declared. Not to de- 
 
 T ■ t fBcit other 
 
 that m case such security as aforesaid shall not be demanded or given, vemedy for 
 or being given, shall become ineffectual, or, being given, the costs ''°^''" 
 shall exceed twenty-five pounds ; then the same remedy may be had 
 for such costs as may be awarded, or for the excess of such costs over 
 and above the said Twenty-five pounds, (as the case may be,) as if 
 this Act had not been made. 
 
 ly. And be it, &c., that every Tenant to whom any Declaration Tenants re-' 
 in Ejectment shall be delivered, for any Lands, Tenements or Here- cfSoMin 
 ditaments in these Islands, shall forthwith give notice thereof to his ^^"'"oj^V" 
 or her Landlord or Landlords, or his, her or their Bailiff or receiver, thereof to 
 under penalty of forfeiting the value of three years improved or rack 
 rent of the premises so demised or holden in the possession of such 
 Tenant, to the person of whom he or she holds ; to be recovered by 
 action of debt to be brought in his Majesty's Court of General Assize 
 wherein no essoign, protection or wager of Law shall be allowed. 
 
 Y. And be it, &c., that it shall and may be lawful for the Court, 
 where such Ejectment shall be brought, to suffer the Landlord or sXrSi- 
 
224 
 
 BERMUDA ACTS, 
 
 [1834. 
 
 mike them- Landlords to make him, her or themselves Defendant or Defendants, 
 flnilm' ^y J°^°™g "^^^^ ^^^ Tenant or Tenants to whom such Declaration in 
 jointly with Ejcctmcnt shall be deliverepl, in case he or she shall appear : — ^but in 
 insteadV case such Tenant or Tenants shall refuse or neglect to appear, Jndg- 
 Tenants. mcnt shall be signed against the casual ejector for want of such ap- 
 pearance : — but if the Landlord or Landlords of anj part of the Lands, 
 Tenements, or Hereditaments for which such Ejectment was brought, 
 shall desire to appear by himself or themselves, and consent to enter 
 into the like rule that by the course of the Court the Tenant in posses- 
 sion, in case he or she had appeared, ought to have done, then the 
 Court where such Ejectment shall be brought shall and may permit 
 such Landlord or Landlords so to do, and order a stay of Execution 
 upon such Judgment against the casual ejector, until they shall make 
 further order therein. 
 
 1834. No. 7. 
 
 AN ACT to amend the Acts relating to Conveyances of Real Estate 
 lyy Women under Coverture. 
 
 [25 June, 1834.] 
 
 Preamble. "WHEEEAS by the Act passed in the Year of our Lord One thou- 
 
 sand seven hundred and seventy-nine, intituled " An Act directing 
 what Conveyances shall be sufficient to pass the Eeal Estates of 
 Women under Coverture," — it is, amongst other things, enacted that 
 such Conveyances shall be recorded in the Secretary's Office of these 
 Islands within six calendar months next after the execution thereof;^ 
 and in cases where such Women under Coverture are resident out of 
 these Islands at the time of the execution of such Deeds, inconven- 
 iences have arisen by reason of the short period of time allowed for the 
 recording of such Deeds ; for remedy thereof — 
 
 Extending ■ I. We, therefore, &c., and be it enacted, &c., that from and after 
 Sn which the passing of this Act, all Deeds and Conveyances executed by any 
 Sied™ Woman under Coverture, and required by Law to be recorded in the 
 women may Secretary's Office of these Islands within six calendar months next 
 be recor ed. ^^.^^^ ^^^ executiou thereof, in order to give validity thereto, sliall, if 
 acknowledged at any place out of these Islands by such Woman under 
 Coverture, before any Commissioner appointed by any Judge in the 
 manner prescribed by Law, and recorded in the Secretary's Office, 
 aforesaid, within Twelve Calendar Months next, after such acknowl- 
 edgment, if so acknowledged in any part of the United Kingdom of 
 Great Britain or Ireland, or of the British Possessions in America, or 
 within Two Years if so acknowledged in any other place out of these 
 Islands, be held and deemed as valid and effectual as if the same had 
 been recorded within six calendar months next after the execution 
 thereof. 
 
 The Wife of II. And Whereas by the Act passed in the Year of our Lord One 
 Jmuce! or thousaud eight hundred and three, intituled " An Act in addition to 
 justcTmay ^^^ ^ct entitled ' an Act directing what Conveyances shall be suffi- 
 make a'c-, cicut to pass the Eeal Estates of Women under Coverture,' " provision 
 
1834.] BERMUDA ACTS. 225 
 
 is made for taking tlie acknowledgment of Conveyances by Women knowiedg- 
 tinder coverture before Commissioners appointed by tbe Chief Justice Toimmu" 
 or (in case of his absence or of the Office being vacant) any Assistant pSa b"y 
 Justice, but no method is pointed out for the Wife of any Chief Justice l^-^^f^l^ 
 or Assistant Justice (in tlie absence of the Chief and other Justices) to Lr "us- ° 
 give validity to any Deed for conveyance of her Estate, or in bar of her *™''" 
 right of Dower ; — for remedy thereof be it further enacted, that any 
 Deed which shall be executed by the wife of any Chief Justice or As- 
 sistant Justice of the Court of General Assize of these Islands, and 
 acknowledged by her before any Commissioner appointed by any one 
 of the Justices of the said Court other than her husband, shall be as 
 valid and effectual to convey her Estate or to bar her Dower in any 
 lands therein mentioned, as if her husband had not been such Chief or 
 Assistant Justice, and such acknowledgment had been made by her 
 under a Commission issued in the manner prescribed by either of the 
 said Acts above recited. 
 
 III. And whereas it would sometimes be desirable to have Deeds Deeds of Ab- 
 and conveyances from married Women not residing within these Isl- be"exeouted 
 ands, executed under Powers of Attorney granted by them ; — Be it, powei-aot 
 &c., that any Deeds or Conveyances, either for conveying the Lands Attorney. 
 or Ileal Estate, situate in these Islands, of any Woman under Cover- 
 ture not residing in these Islands, or for barring her right of dower in 
 any Lands or Heal Estate in these Islands, executed by any Attorney 
 or Attorneys by her for that purpose appointed, shall be as valid and 
 effectual as if such Deeds or Conveyances had been personally exe- 
 cuted by such Woman under Coverture, and acknowledged and re- 
 corded in the manner prescribed by the said Acts passed in the said 
 years one thousand seven hundred and seventy-nine and one thousand 
 eight hundred and three, or either of them : — Provided always, that pi-ovIso. 
 such Attorney or Attorneys be appointed by some Instrument in 
 writing, under the hand and seal of such Woman under coverture, 
 proved by the affidavit of one or more of the subscribing Witnesses, 
 and sworn before some Governor or Person administering the Gov- 
 ernment or Judge of some Court of Record, or Mayor, or other Chief 
 Officer of some City or Town Corporate of the Colony, Place, City, or 
 Town in or near which such Woman may be residing, and attested 
 under the hand of such Officer or Person before whom the same shall 
 be sworn, and the Public Seal of such Colony, Place, Court of Kecord, 
 City or Town, or else the seal of some Notary Public ; — and also pro- Proviso. 
 vided, that such Power of Attorney be acknowledged by such Woman 
 under coverture in the manner prescribed for Deeds by the said Act 
 passed in the year one thousand eight hundred and three, and that 
 such power, together with the Deeds executed by virtue thereof, be 
 recorded in the Secretary's Office of these Islands within six calendar 
 Months next after the execution of such Deeds. 
 29 
 
226 
 
 BERMUDA ACTS, 
 
 [1834. 
 
 1834. No. 11. 
 
 AN ACT to repeal the Act " to prevent Parish Charges hy Poor 
 Persons removing from one Tribe to another^'' and to make other 
 enactments instead therof. 
 
 [9 July, 1834.] 
 
 Preamble. "WHEEEAS in and by the Act whereof the Title is above recited, 
 
 it is enacted, " That if any person or persons in these Islands, being 
 poor and likely to be chargeable to any Tiibe or Parish shall clandes- 
 tinely or otherwise remove out of one Parish or Tribe, from and after 
 the publication hereof, into any other, that such person or persons 
 shall not be deemed to be legally settled until they have continued, 
 without the disturbance of the officers, the space of Forty Two days iu 
 such Tribe or Parish," — and " That if any person of ability shall bring 
 into any Tribe or Parish any poor persons or others, as aforesaid, that in 
 such case the said able person shall allow him or them, so brought in, 
 sufficient land to manure for their maintenance ; or else shall put in 
 sufficient security to the Church Wardens or Overseers of the Poor 
 for the discharge and indemnity of the Tribe or Parish wherein siich 
 Poor shall be brought ; — and that upon refusal of giving such seciirity 
 as above said, it shall and may be lawful for the said Church Wardens 
 or Overseers, by Warrant of one Justice of the Peace, to remove such 
 poor persons brought in as aforesaid, to the place of his or their last 
 habitation :" And Whereas it is deemed expedient to repeal the said 
 Act: 
 
 «peaiidf^ I. We, therefore, &c., and be it enacted, &c., that the said Act be, 
 
 during thu ^ud is hereby repealed. 
 
 No poor per- II. And bc it, &c., that no person shall be removed, by virtue of 
 removable any Warrant or Order of Eemoval, from the Parish where such poor 
 by Y"J'"''' person shall be inhabiting to the Parish of his or her last legal settle- 
 aiiy charge- mcut. Until such persou shall have become actually chargeable to the 
 Parish in which such person shall then inhabit ; in which case it shall 
 be lawful for any Justice or Justices of the Peace of such Parish, upon 
 complaint made by the Overseers of the Poor of such Parish, to author- 
 ize and reqiiire such Overseers, by an Order or Warrant of removal, 
 to remove such person to the Parish in which he or she was last 
 legally settled, and deliver him or her to the Overseers of the Poor of 
 such last mentioned Parish, as might have been done before this Act 
 by any one Justice with respect to persons likely to be chargeable. 
 
 III. And be it, &c., that if the Overseers of the Poor of the 
 Parish to which any such person shall be so removed shall refuse to 
 receive such person, they shall, on proof thereof, forfeit for each 
 offence five pounds, to the use of the Poor of the Parish from wJiich 
 such person was removed: — to be levied by distress and sale, by War- 
 rant of the Justice or Justices of the Parish to which such person was 
 removed, to the Constable of the Parish where such offender dwells : 
 and for want of sufficient distress, the said Justice or Justices shall 
 commit the offender to Gaol for any term not exceeding forty days. 
 
 able. 
 
 Penalty on 
 overseers 
 refusing to 
 receive per- 
 son so re- 
 moved. 
 
1834.] BERMUDA ACTS. 22t 
 
 IV. And be it, &c., that in case any poor person shall be brought Removal of 
 before any Justice or Justices of the Peace, for the purpose of being mly'bT''^' 
 removed from the Parish ■where he or she is inhabiting or sojourning suspended. 
 by virtue of any order of Removal or "Warrant (or of .his being passed 
 by virtue of any Yagrant Pass) and it shall appear to such Jusiice 
 or Justices that such poor person is unable , to travel, by reason of 
 sickness or other infirmity, or that it would be dangerous for him or 
 her so to do, the Justice or Justices making such order of removal, or 
 Warrant, (or granting such Vagrant Pass) is and are hereby authorized 
 to suspend the execution of the same, until he or they is or are satisfied 
 that it may be executed without danger to the person who is the sub- 
 ject thereof ; which suspension shall be endorsed on the said order or 
 w arrant of removal, or Vagrant Pass, and signed by such Justice or 
 Justices ; and the permission to execute which order may be subse- 
 quently endorsed on such order, and be signed by the Justice or 
 Justices who suspended the same, or any other Justice or Justices of 
 the same Parish, who shall have the same powers to all intents and 
 purposes, as the Justice or Justices who shall make or suspend any 
 such order of removal : and that no act done by any such person 
 continuing to reside in any Parish under the suspension of any such 
 order or Warrant, or Vagrant pass, shall be effectual either in whole 
 or in part, for the purpose of giving him or her a settlement in the 
 same : and that the expenses proved upon oath to have been incurred 
 by such suspension of any such order or Warrant of removal, or va- 
 grant pass, may by the said Justice be directed to be paid by the 
 Vestry or Assessors of the Parish to which such poor person is ordered 
 to be removed, in case any removal shall take place ; or in case of the 
 death of such poor person before the execution of such order or War- 
 rant of removal : and that it shall be the duty of such Vestry or 
 Assessors to assess for the same in the same manner as for other Paro- 
 chial charges : Always provided, that such Vestry or Assessors may proviso, as 
 appfeal from any siich order for payment of such expenses as herein- ft„m jS- 
 after mentioned, within ten days after demand thereof made : Pro- ''<^«'' ■"''«'■■ 
 vided always, also, that every person who shall have been convicted of Proviso. 
 Larceny or any other Felony, or who, by the-Laws now or hereafter to vagraita, 
 be in force, shall be deemed a Vagrant, a Rogue and Vagabond, an in- fgy^Jed'^ 
 corrigible Rogue, or idle and disorderly person, or who shall appear to actually 
 any two Justices of the Peace where such person shall be, upon the "^ '"'^''^"'' 
 oath of one or more credible Witness or Witnesses to be a person of 
 evil fame or a reputed thief, such person, not being able to give a 
 satisfactory account of himself or herself, or of his or her way of living, 
 shall be considered a person actually chargeable, within the true intent 
 and meaning of tliis Act, to the Parish in which such person shall 
 reside, and shall be liable to be removed to the Parish of his or her 
 last legal settlement by the Warrant or Order or Vagrant Pass, of the 
 said Justice of the Peace of the Parish where such person shall reside. 
 
 V. Provided also, and be it, &c., that every unmarried woman woma",'^ 
 with child shall be deemed and taken to be a person actually ^yflJ'j'be 
 chargeable, within the true intent and meaning of this Act, to the deemed 
 Parish in which she shall inhabit, and may be removed as such to the chargeable, 
 Parish of her last legal settlement, and that in case any Warrant or ^^^^"^ 
 Order of removal, obtained for such purpose, sliall be suspended, for ?^'^^j°'="'!* 
 any of the reasons before mentioned, and during such suspension such ish. 
 
228 
 
 BERMUDA ACTS. 
 
 [1834. 
 
 Settlement 
 may be ac- 
 quired by 
 executing a 
 public an- 
 nual OiHce. 
 
 By hiring 
 and service 
 for a year. 
 
 By leasing 
 tenement o 
 yearly value 
 
 woman shall be delivered of any child, wMch by the Laws in force in 
 these Islands, shall be a Bastard, every such Bastard child shall be 
 deemed and taken to be settled in the same Parish in which was the 
 last legal settlement of the Woman at the time of her delivery. 
 
 VI. Provided further, however, and be it enacted, that if any 
 person who shall come to inhabit in any Parish, shall, for himself or 
 herself, and on his or her own account, execute any public annual 
 office or charge in the said Parish, during one whole Year, being 
 legally placed in such Office, then and in such case such person shall 
 be adjudged and deemed to have a legal settlement in the same. 
 
 VII. And be it further enacted, that if any unmarried person, 
 not having child or children, shall be lawfully hired and serve in any 
 Parish for one Year, such service shall be adjudged and deemed a 
 good settlement therein. 
 
 Byappren- VIII. And be it further enacted, that if any person shall be 
 iSi^bifat^iSn. bound Apprentice by Indenture, and inhabit in any Parish, such bind- 
 ing and inhabitation shall be adjudged a good settlement. 
 
 IX. And be it further enacted, that if any person or persons shall 
 tenement of pg^^^y ^nd houa fide take a lease of any Tenement in any Parish of 
 
 the Yearly value of Eight pounds, such person or persons shall be 
 deemed to have become settled in such Parish. 
 
 X. And be it further enacted, that if any person or persons shall 
 have any Heal Estate in any Parish, and shall reside therein, such 
 person or persons shall be deemed to have thereby become settled in 
 such Parish : — Provided, however, that no person shall be deemed to 
 have acquired any such settlement by virtue of any purchase of any 
 Estate or Interest in such Peal Property, whereof the Consideration 
 for such purchase did not amount to the Sum of Thirty pounds hoTia 
 fide paid, for any further or longer time than such person shall in- 
 habit in such Estate, and shall, on ceasing to inhabit in such Estate, 
 then be liable, if chargeable, to be removed to such Parish or place 
 where such person or persons was or were last legally settled, before 
 the said purchase and inhabitancy therein. 
 
 XL And be it further enacted and declared, that all persons who 
 have been in a State of Slavery shall be deemed and taken to have 
 been settled at the time of their having become free, in the Parish in 
 which their owners were settled at the time of such their freedom : — 
 and that all persons now in a State of Slavery shall in like manner be 
 deemed, at the time of their becoming free, to be settled in the Parish 
 in which their owners may be settled at the time of such their free- 
 dom : — or in case of any such person having been, or being, owned 
 by more than one person, then in the Parish of that part owner with 
 whom such person last resided : Always provided, that it shall and 
 may be lawful for the lawful wife, or reputed wife, and the lawful or 
 reputed children under the age of Twenty one Years, such children 
 not having in a State of Freedom acquired a legal settlement else- 
 where, of any such person to remove to and settle in any Parish 
 where the lawful or reputed husband or father may be legally settled, 
 
 of£S. 
 
 By having 
 and residing 
 on Real 
 
 Estate. 
 
 Proviso. 
 
 Settlement 
 of persons 
 who have 
 been Slaves. 
 
 Proviso. 
 
1834.] BERMUDA ACTS. 229 
 
 or for such children, being under twenty one Years of age, and not 
 having acquired, in a state of Freedom, a settlement elsewhere, to 
 remove to, and settle in, the Parish where the Mother shall be legally- 
 settled in case the real or reputed father be dead, or be absent from, 
 these Islands and not likely to return. 
 
 XII. And be it further enacted, that all persons who think them- ^JJ^f^ 
 selves aggrieved by any order, determination or judgment of any Jus- Jf""^ •'JJ;^ 
 tice or Justices in any matter or thing hereinbefore mentioned, may toSesTionL 
 appeal to the next Quartet or G-eneral Sessions of the Peace of these 
 Islands, who shall have full power finally to determine the same. 
 
 XIII. And be it further enacted, that this Act shall be and con- Bi^ation. 
 tinue in force for and during the term of five Years, and thence to 
 
 the end of the next Session of the, Legislature thereafter. 
 
 [This Act amended and continued by Act of 1856, No. 5, to the end of 1862.] 
 
 1834. No. 18. 
 
 A'N ACT to amend " An Act for the more effectual prevention of 
 dam^age from persons passing over any Wall, Ditch, Hedge, or 
 
 other InclosureP 
 
 [4 September, 1834.] 
 
 "WHEEEAS the Act, the Title whereof is above recited, was preamble. 
 passed by the Legislature of these Islands in the Year of our Lord 
 one thousand seven hundred and eighty-four, for a certain period 
 therein mentioned, and by a certain other Act, passed in the Year 
 one thousand seven hundred and Eighty-eight, was renewed and pro- 
 longed unto the first day of May, one thousand seven hundred and 
 ninety-three, and by a certain other Act passed in the year one thou- 
 sand seven hundred and ninety-three, was prolonged and rendered 
 indefinite ; and it is expedient to amend the same : 
 
 I. "We, therefore, &c., and be it enacted, &c., that if any person Penalty for 
 shall climb over or otherwise pass any Wall, Fence, Hedge, JDitch or "^^^^^^^ 
 Gate, of any Inclosure, through which no Koad is established in the being found 
 manner by Law directed, or shall be found within any such Inclosure, Sciosure, 
 'without permission of the proprietor or occupier thereof, every such mfssiZ'^"" 
 offender being convicted thereof before a Justice of the Peace, shall 
 for the first offence, (instead of the Penalty by the said Act prescribed) 
 forfeit and pay, over and above the amount of the injury, if any, done 
 by such offender within such Inclosure, and costs of Prosecution, the 
 sum of three shillings and four pence to the Proprietor or Occu- 
 pier of the Land : — And if any person so convicted shall afterwards 
 be guilty of any of the said offences within the same Inclosure, and 
 shall be convicted thereof in like manner, every such offender shall 
 for such second or subsequent offence, forfeit and pay, over and above 
 the amount of injury, if any, done by such offender within such In- 
 closure, and costs of Prosecution, the sum of six shillings and eight- 
 
230 
 
 BERMUDA ACTS. 
 
 [1834. 
 
 pence to the Proprietor or Occupier of the land : such penalties and 
 forfeitures and Costs of Prosecution to he sued for and recovered in 
 like manner as dehts not exceeding five pounds are recoverable hy 
 Law. 
 
 1834. No. 19. 
 
 AN ACT for preserving and recording certain Wills in the Secretary'' s 
 
 Office. 
 
 [4 September, 1834.] 
 
 Preamble. 
 
 Original 
 Wills re- 
 maining in 
 the Secre- 
 tary's Office, 
 and proved 
 between 1st 
 January 
 1T40 and 1st 
 January 
 17S2, to be 
 recorded, 
 together 
 with their 
 probates. 
 
 WHEEEAS it has heretofore been customary and usual in these 
 Islands for Wills proved before the Governor and Ordinary to be 
 recorded in Books kept in the Secretary's Ofiice, and two of those 
 Books, coniprising a .period of time from about the year one thousand 
 seven hundred and forty one, to the year one thousand seven hundred 
 and eighty two, have, for a long time past, been mislaid or missing 
 from the Ofiice, but many of the original "Wills proved within that 
 period of time, still remain deposited in the Office : and it is expedient 
 that the same should be recorded in Books, for the more easy reference 
 thereto, and preservation of the same : 
 
 I. We, therefore, &c., and be it enacted, &c., that all original 
 last Wills and Testaments now remaining in the Secretary's Office of 
 these Islands, and which have been proved in the usual and customary 
 manner before the Governor, or Person administering the Govern- 
 ment, and Ordinary of these Islands, at any time between the first day 
 of January, one thousand seven hundred and forty, and the first day 
 of January, one thousand seven hundred and eighty two, shall, 
 together with the certificates of probate thereof, be fairly and truly 
 copied by the Colonial Secretary, or some person by him authorized, 
 in one or more volumes in strong and durable binding, and that the 
 volumes so transcribed from the said original Wills shall be and remain 
 in the Secretary's Office for public use, and shall be admitted and 
 received as of the same authority and v^alidity in all respects as any 
 other Books of Wills in that Office. 
 
 Doubtful or 
 obscure 
 words, how 
 noted. 
 
 II. And be it, &c., that if any of the words in the said original 
 Wills shall, from obliteration or otherwise, be doubtful or obscure, 
 some note shall be made thereupon in the Book wherein the same shall 
 be transcribed, so as to prevent any misconstruction thereof 
 
 Expense 
 provided 
 for. 
 
 Parties hold- 
 ing original 
 Wills, 
 
 proved but 
 not re- 
 corded, may 
 have the 
 same re- 
 corded at 
 their own 
 expense. 
 
 III. And be it, &c., that the expense of the said Books and of 
 copying the said Wills and Probates therein, at the rate fixed by Law 
 for copies of Wills made at the Secretary's Office, shall be provided 
 for in like manner with other contingent charges of Government in 
 these Islands, and that nothing in this Act contained shall be deemed 
 to prevent any person or persons holding any original AViU which has 
 been duly proved in these Islands, but not now on Eecord in the 
 Secretary's Office, from having the same recorded there, at the expense 
 of the party requiring it. 
 
1834.J BERMUDA ACTS. 231 
 
 1834. No. 20. 
 
 AN ACT for the Regulation of the Public Gaols within these 
 
 ' Islands. 
 • [6 September, 1834.] 
 
 "WHEREAS it is expedient to make certain Regulations for tlie Preamble, 
 several G-oals within these Islands, ■which, at the same time that they 
 provide for the safe custody, shall also, as far as local circumstances 
 and the size of the Gaols will admit, tend to preserve the health and 
 improve the morals of the Prisoners confined therein, and shall ensure 
 the proper measure of punishment to convicted offenders : — 
 
 I. We, therefore, &c., and be it enacted, &c., that at the General justices in 
 Quarter Sessions which shall be held in these Islands next after the car^°thta" 
 commencement of this Act, and at any subsequent General or Quarter ^^^^°'° 
 Sessions to be held from time to time, the Justices of the Peace there 
 assembled shall proceed in carrying this Act into effect as hereinafter 
 mentioned. 
 
 II. And be it, &c., that the following Rules and Regulations shall General 
 be observed and carried into effect in the several Gaols in these Seguiauons. 
 Islands, so far as such Rules may be applicable, or can be applied to 
 
 the particular description of persons confined therein : 
 
 First. The Keeper of every such Gaol shall reside therein, or Gaoiertore- 
 within the limits of the Gaol Yard, and shall occupy such Rooms or ^''^'^ **""«• 
 Apartments as maybe assigned for his accommodation by the Justices 
 of the said Court of Quarter or General Sessions. , 
 
 Second. The Keeper shall, as far as may be practicable, visit and ToseePris- 
 see every prisoner, and inspect every cell, once at least in every ""^ersdauy. 
 twenty-four hours. 
 
 Third. The Keeper shall keep a Journal in which he shall record to keep a 
 all punishments inflicted by him in pursuance of sentence or law, and ■'°"°'''- 
 the day and hours when such punishments shall have been inflicted, 
 and all other occurrences of importance within the Prison, in such 
 manner as shall be directed by the Regulations to be made under this 
 Act ; which Journal shall be laid before the Justices at every General 
 or Quarter Sessions, to be signed by the chairman in proof of the same 
 having been there produced, and before the Justices of the Court of 
 General, Assize, at an early day in every term. 
 
 Fourth. The Male and Female prisoners shall be confined in separation 
 separate Cells or Rooms of the Prison ; Debtors and persons confined Jnera, and' 
 for contempt of Court on Civil Process, shall never be confined in ^^^i^"™'*' 
 any Room or Cell with persons charged with, or convicted of mis- ment. 
 demeanors or with Yagrants and persons charged with, or convicted 
 of misdemeanors or Felonies, shall always, as far as the accommoda- 
 tions of the Gaol will admit, be confined so as to avoid their being 
 mixed with each other ; — such Prisoners as are intended to be exam- 
 ined as witnesses in behalf of the Crown in any prosecution shall also 
 
232 
 
 BERMUDA ACTS, 
 
 [1834. 
 
 Prisoners 
 when put 
 in irons or 
 solitary con- 
 finement. 
 
 Their Bed- 
 ding and 
 Separation. 
 
 Lime wash- 
 ing of Gaols, 
 cleansing of 
 rooms, Tubs, 
 &z. 
 
 Air and 
 Exercise. 
 
 Prohibition 
 of Spirits, 
 Wine and 
 Malt. 
 
 Gaming. 
 
 Garnish. 
 
 Deaths to be 
 notified. 
 
 be kept separate from others and from each other, as far as the accom- 
 modations in the Gaols shall admit. — Provided always, that no thing 
 herein contained shall be construed to extend to prevent the Justices 
 from authorizing, at their discretion, the employment of any Prisoner 
 in the performance of any menial office within the Prison. 
 
 Fifth. When the Keeper of any Gaol shall be under the neces- 
 sity, from misbehaviour, of putting a Prisoner in irons, or solitary 
 confinement, the particulars of the case shall be forthwith given to 
 one of the visiting Justices, who shall hear and determine upon it. 
 
 Sixth. Every Prisoner shall be provided, at the Public expense, by 
 the Provost Marshal General, with suitable bedding of plain but 
 strong materials, to be judged of by the visiting Justices hereinafter 
 mentioned ; and every male prisoner with a separate bed, hammock 
 or Cot, either in a separate cell, or in a cell with not less than two 
 other male prisoners : and each cell shall have one or more Cribs 
 erected therein, as may be approved of by the visiting Justices. 
 
 Seventh. The Provost Marshal General shall have the "Walls and 
 ceilings of the Cells, rooms and passages used by the Prisoners 
 throughout every prison, scraped and lime washed at least once in 
 the Year at the Public Expense ; and each Gaoler shall have the 
 Pooms, Passages and Sleeping Cells washed or cleansed once a week, 
 or oftener when requisite ; and convenient places or tubs for the 
 prisoners or inmates to wash themselves shall be provided by the 
 Provost Marshal General, under the direction of the visiting Justices. 
 
 Eighth. All Prisoners shall be allowed as much air and exercise 
 within the Walls of the Prison Yard, either separately or otherwise, 
 as may be deemed proper for the preservation of their health, within 
 such hours, and subject to such restrictions as shall be specified in 
 regulations to be made by the Justices of the Court of Quarter Ses- 
 sions and approved of by the Judges of the Court of General Assize 
 as hereinafter mentioned. 
 
 Ninth. No spirituous liquors of any kind shall be sold in any 
 prison, or admitted for the use of the Prisoners, unless by an order 
 from a Surgeon or Physician in wi-iting, specifying the quantity and 
 for whose use : no wine, malt or fermented liquor shall be sold in any 
 prison, nor shall, be admitted for the use of any prisoners, except in 
 such quantities, in such manner, and at such times as shall be allowed 
 by the Kules hereafter to be made in pursuance of this act ; and any 
 person who shall be guilty of contravening this rule shall be put into 
 solitary confinement for any period not exceeding one Calendar 
 month. 
 
 Tenth. ISTo gaming shall be permftted in any prison, and the 
 Keeper shall seize and destroy all dice, cards or other instruments of 
 gaming. 
 
 Eleventh. ISTo money under the name of garnish, or whatsoever 
 other terra, shall be taken from any prisoner, on his or her entrance 
 into the Prison, under any pretence whatever. 
 
 Twelfth. Upon the death of a prisoner, notice thereof shall be 
 given forthwith to one of the visiting Justices, as well as to the Coro- 
 ner and to the nearest relative of the deceased when practicable. 
 
1834.] BERMUDA ACTS: 23^ 
 
 Thirteenth. Prisoners under the care of a Surgeon sliall be allowed Ket. 
 such diet as he may direct. Prisoners who shall not receive any allow- i8sg,no.i7,) 
 ance from the Country, whether confined for debt, or before trial for ai°dBed- 
 any supposed crime or offence, shall be allowed to procure for them- ding, 
 selves and to receive at proper houi'S, any food, bedding, clothing or 
 other necessaries, subject to a strict examination, and under such lim- 
 itations and restrictions to be prescribed by the regulations to be made 
 in manner directed by this Act, as may be reasonable and expedient 
 to prevent extravagance and luxury within the walls of a prison ; all 
 articles of clothing and bedding shall be examined by the Provost 
 Marshal General or Gaoler, in order that it may bo ascertained that 
 such articles are not likely to communicate infection or facilitate es- 
 cape. 
 
 No prisoner who is confined under the sentence of any Court, nor oiotMng'^ 
 any prisoners confined in pursuance of any conviction before a Justice of priaoneva 
 shall receive any food, clothing or necessaries other than the Gaol tend 
 allowance, except under such regulations and restrictions as to the 
 Justices, in General or Quarter Sessions assembled, may appear expe- 
 dient, with reference to the several descriptions of prisoners, or under 
 special circumstances to be judged of by one or more of the visiting 
 justices. 
 
 'Eo prisoner shall be discharged from prison if labouring under any as to dis- 
 acute or dangerous distemper, nor until, in the opinion of a Surgeon or ohargewheii 
 Physician, such discharge is safe ; unless such prisoner shall require to 
 be discharged. The wearing apparel of every prisoner shall be fumi- 
 gated and purified if necessary ; after which the same shall be returned 
 to him or her ; or in case of the insufficiency of such clothing, then 
 other sufficient clothing shall be furnished according to the rules and 
 regulations of the prison ; but no prisoner before Trial, shall be com- and clothing 
 pelled to wear a prison dress unless his or her clothes be deemed insuf- at'er con-'^ 
 ticient or improper, or necessary to be preserved for the purposes of miction, 
 justice : and no prisoner who has not been convicted of Felony, shall be 
 liable to be clothed in a prison dress ; but if it be found necessary to 
 have a Prison Dress for Prisoners not convicted of Felony, the same 
 shall be plain ; and the Provost Marshal General shall provide, at the 
 Public expense, suitable Prison dresses of plain coarse stuff, according 
 as the same may be approved of or directed by the visiting Justices ; 
 such dresses to have the words " Prison Dress " durably marked on 
 some conspicuous part thereof. 
 
 Pules and Regulations shall be made for the admission at proper jj^iggj^^g 
 times and under proper restrictions of persons with whom prisoners made for 
 committed for Trial may desire to communicate, and also for admis- communica- 
 sion of friends of convicted ^^risonei-s ; and such restrictions shall be thdrfTteSds, 
 imposed u.pon the communication and correspondence of all such ™^„3°"|fJ 
 prisoners with their friends, either within or without the walls of a 
 Prison, as shall be judged necessary for the maintenance of good order 
 and discipline in such prisons, and for the ends of Justice ; such Rules 
 and Regulations to be made by the Justices of the Court of Quarter 
 Sessions, and approved of by the Judges of the Court of General 
 Assize, as hereinafter mentioned. 
 
 III. And be it, &c., that it shall be lawful for five or more Jus- jusuoeg in 
 tices of Peace, in General or Quarter Sessions assembled, to make sessions to 
 SO 
 
Proviso. 
 
 234 BERMUDA ACTS. [1834. 
 
 make ad- Eegulations for the several purposes within specified, and such farther 
 Raie3,™b- and additional Eules for the Government of such Gaols, and for the 
 approbation <iiities to be performed hj the oflacers of the same, as to them may 
 °l^l^ seem expedient ; provided that no such Eules shall be enforced until 
 " ^^' the same shall have been submitted to the Chief Justice of the Court 
 of General Assize, or in case of his absence from the Island, or inca- 
 pacity from sickness, to the Assistant Justices of such Court, and 
 until such Chief Justice or Assistant Justices in case of his absence or 
 incapaqity as aforesaid, shall have subscribed a Certificate or Declara- 
 tion that he or they (as the case may be) approve of the same. Fro- 
 proviso. vided also that such Eules and Eegulations shall be consistent with 
 and conformable to the Eules and Eegulations in this Act contained ; 
 and the Provost Marshal General of these Islands shall, and he is 
 hereby required, iipon being furnished with a copy of such Eules so 
 certified, to cause copies of so much of such Eules as relates to the 
 treatment and conduct of prisoners confined therein, to be printed in 
 legible characters and to be fixed in conspicuous parts of every prison, 
 so that every prisoner may be enabled to have access thereto : and all 
 Eules and Eegulations made pursuant to the directions of this Act, 
 shall be binding upon the said Provost Marshal General and upon all 
 other persons : provided that no such Eules shall be so construed as 
 to interfere with the right or duty of such Provost Marshal General 
 to appoint or remove any keeper of any Gaol subject to the authority 
 Proviso. of such Provost Marshal General ; and provided also that the said 
 Eules, or any of them, may at any time be altered or annulled by the 
 same authority that made and approved of them. 
 
 Copies of lY. And be it, &c., that the Chief or other Justices of the said 
 
 tobe trMs- Court of General Assize shall, as soon as conveniently may be done, 
 GoTerno°r!''^ trausmit to the Governor or Oflicer administering the Government for 
 
 the time being, a copy of all such Eules and Eegulations as shall be 
 
 in force for the Government of the said Gaols. 
 
 Visiting Y. And be it, &c., that the Justices of these Islands in Quar- 
 
 how'ap-' ter or Special Sessions, next after the commencement of this Act, and 
 pointed, &c. ^^ every ensuing General or Quarter Sessions, shall, and they are 
 hereby required to nominate two or more Justices, who shall consent 
 thereto, to be Visitors of such Gaol, and to report the names of such 
 Visiting Justices to the Governor, or Person administering "the Gov- 
 ernment, for the. time being, or to arrange, if they shall see fit among 
 themselves, to do such duties in turn ; and one or more of the Visiting 
 Justices so appointed, or having consented to do such duty, shall per- 
 sonally visit and inspect each of such Gaols once a month, or oftener 
 if occasion shall require, and shall examine into the state of the Build- 
 ings, so as to form a judgment as to the repairs, additions or altera- 
 tions which may appear necessary, and shall further examine into the 
 behaviour and conduct of the respective ofiicers, and the treatment, 
 behaviour and condition of the prisoners, and the expenses attending 
 the prison and of all abuses within the same ; and in matters of pres- 
 sing necessity and within the powers of their Commission as Justices, 
 siiall take cognizance thereof and pi'ocoed to regulate and redress the 
 Proviso. same : Provided always, and be it further enacted, that it shall be 
 lawful for any Justice of the Peace for these Islands, at his own free 
 will and pleasure, and without being appointed a Visiter, to enter into 
 
1834.] BEEMUDAACTS. 235 
 
 and examine any such Gaol at such time or times and so often as he 
 shall see fit, and if he shall discover any abuse or abuses therein, he 
 is hereby required to report them in writing at the next General or 
 Quarter Sessions of the Peace and next Court of General Assize, or 
 at any adjourned session of either of such Courts, and when and so 
 often as a report of any abuse or abuses in any such Prison shall be 
 made by the Yisiting Justices or either of them, or by any other Jus- 
 tice of the Peace for these Islands, the abuse or abuses so reported 
 shall be taken into immediate consideration by the Chief or Assistant 
 Justices of the Court of General Assize and the Justices of th6 Court 
 of Quarter Sessions ; and they are hereby required to adopt the most 
 effectual measures for inquiring into and rectifying such abuse or 
 abuses as soon as the nature of the case will allow. , 
 
 YI. And be it, &c., that at Easter Term in every Year, or oftener visiting 
 if necessary ,°'the Yisiting Justices shall make a Report in writing to Se an-° 
 the Court of General Assize of the state and condition of each of the ""^f comt' 
 said Prisons, of such repairs, additions or alterations as have been of Assize. 
 made or required, and of any abuse or abuses which they may have 
 observed, or of which they may have received information, in the 
 management of the Prison, as Avell as the general state of the Prison- 
 ers as to morals, discipline and hard labour and observance of Eules : 
 Provided also, and be it further enacted, that nothing herein con- fj^^gi"' "^ 
 tained shall extend or be construed to extend to authorize or empower intercourse 
 any visiting or other Justice of the Peace to" converse or hold any oners'!"^ 
 intercourse or communication, except as hereinafter mentioned, with 
 any Person who may be committed by lawful authority to any such 
 Gaol, there to be kept in safe and close confinement. But neverthe- 
 less, it shall and may be lawful for any visiting Justice, so appointed 
 as aforesaid, to visit and inspect, at all times when he shall think pro- 
 per, the apartment or place in which such person shall be kept or 
 confined in any prison, and also to see such person, and to hear or 
 receive any representation to him or her as to his or her treatment 
 in such Prison, and to inquire and examine into the same, any thing 
 herein contained to the contrary thereof notwithstanding. 
 
 YII. And be it, &c., that the Provost Marshal General, or his provost 
 Deputy, shall, on the second day next after the termination of every JJ ^^Msmit 
 Session of the Peace, Session of Oyer and Terminer, or Session of Goal ^jfj^^^er-" 
 delivery, or other Session held for the Trial of Prisoners being in any nor at the 
 such Prison, transmit to Ilis Excellency -the Governor, or Person ad- session!Ind 
 ministering the Government for the time being, a Calendar containing 5."^^'*'^''*' 
 the names, the crimes and the sentences of every prisoner tried at such °™^™J^' 
 Session, distinguishing in such Calendar how often and for what 
 offences any Prisoner had been convicted before ; and that whenever 
 the Court shall adjourn for any longer time than one week after any 
 Sentence passed, the day upon which the adjournment shall be made 
 shall be deemed the termination of the Session within the meaning of 
 this Act ; — always provided, that in all cases in which sentence of 
 death shall be passed, the Provost Marshal General shall make a Ee- 
 port of such sentences without delay to the Governor, or Person ad- 
 ministering the Government for the time being. 
 
 YIII. And be it, &c., that the Provost Marshal General shall p™7^°'^j 
 make a Report in writing of the actual state and condition of the said in every 
 
236 
 
 BERMUDA ACTS. 
 
 [1834. 
 
 Term to 
 make writ- 
 ten Report 
 to the 
 Judges of 
 the state of 
 the Gaols, 
 &c., and he 
 and the 
 Gaolers to 
 answer in- 
 quiries of 
 the Judges. 
 
 Gaolers on 
 first day of 
 every Term, 
 to make Re- 
 turn to 
 Court of 
 Assize of 
 all persons 
 in custody,) 
 
 Penalty for 
 carrying 
 liquor into 
 Gaol, and 
 Search au- 
 thorized. 
 
 Gaols, and of the number and description of prisoners confined therein, 
 to the Chief and other Judges of the Court of General Assize, in the 
 first week of each Terra of its sitting in every Year ; and that himself, 
 and every Gaoler appointed by him, shall also attend at such Court, 
 and give answer, upon oath if required, to all such inquiries as shall 
 be made by the said Judges at such Sessions, with respect to the state 
 and condition of such Gaols, and of the prisoners confined therein ; 
 and with respect to any other matters and things relating to the said 
 Goals ; respecting which such Judges shall deem it necessai-y to make 
 any inquiry, for the purpose of proceeding and continuing to carry 
 this Act into execution. 
 
 IX. And be it, &c., that the Keeper of each of such Gaols shall, 
 on the first day of every Term of the Court of General Assize, make 
 out a true and just Keturn in Writing to such Court of All persons in 
 his custody, or who have been discharged since his last Return, who 
 have been sentenced to punishment by any Court, specifying in such 
 Return the manner in which such sentences have been carried into 
 execution ; which Return shall be signed by such Keeper, and shall be 
 delivered to the Chief or presiding Justice of the Court of General As- 
 size, and shall be kept and filed by the proper Oflicer among the Rec- 
 ords of the Court. 
 
 X. And be it, &c., that if any person, in contravention of the 
 existing Rules, shall carry or bring into any Prison any spirituous or 
 fermented liquor, it shall be lawful for the Gaoler, Keeper, Turnkey or 
 any assistant to the said Gaoler or Keeper, to apprehend or cause to be 
 apprehended such offender and to carry him or her before a Justice of 
 the Peace, (who is hereby empowered to hear and determine such 
 ofi'ence in a Summary way) and if he shall lawfully convict such per- 
 son of such offence, he shall forthwith commit such Offender to one of 
 such Goals, there to be kept in custody for any time not exceeding 
 three months, without bail or mainprize, unless such offender shall 
 immediately pay down such sum, not exceeding Ten pounds nor less 
 than twenty shillings, together with costs of prosecution, as the Justice 
 shall impose upon such offender, to be paid, one moiety to the In- 
 former, and the other moiety to His Majesty, his heirs and successors, 
 for and towards the support of the Government of these His Majesty's 
 Islands, and if any Justice shall receive information upon oath that 
 any spirituous or fermented liquor is unlawfully kept or disposed of in 
 any Pi-ison, he may enter and search or issue his Warrant to enter and 
 search for such liq^uor ; and in case it shall be found it shall be lawful 
 for the person so finding to seize the same, and cause it to be disposed 
 of as the Justice shall direct ; and if any Gaoler or Keeper of any 
 Prison shall sell, use, lend or give away, or knowingly permit or suffer 
 to be sold, lent or given away, in such prison, or brought into the same, 
 any spirituous or fermented liquor, in contravention of the existing 
 Rules of such Prison, he shall, for every such offence, over and above 
 any other punishment of dismissal or otherwise, forfeit and pay the 
 sum of Ten pounds. 
 
 of'°risOTers ^^- ^"*^ ^® ^*' '^^•' *'^^* ™ '^^^^ ^"y prisoner shall be guilty of 
 offending auy repeated offence against the Rules of the Prison, the Gaoler or 
 Reflations. Keeper shall forthwith report the same to the visiting Justices, or one 
 
 Penalty on 
 Gaolers con- 
 travening 
 Rules as to 
 liquor. 
 
1834.] BERMUDA ACTS. 237 
 
 of them, for the time being ; and any one such Justice, or an j other 
 Justice of these Islands, shall have power to inquire upon oath and to 
 determine concerning any such matter so reported to him or them, and 
 to order the offender to be punished by close confinement, for any 
 term not exceeding one month, or by personal correction, in the case 
 of prisoners convicted of Felony or sentenced to hard labour. 
 
 XII. And be it, &c., that if any person shall convey, or cause to Poi-sons aid- 
 be conveyed, into any Prison, any disguise, or any Instrument or Arms of piiaoncrs 
 proper to facilitate the escape of any prisoner, and the same shall de- Sony."' 
 liver, or cause to be delivered to any prisoner, in such jjrison, or to (||| ^"^ "' 
 any other person there for the use of such prisoner, without the con- sect.' 2.)' 
 sent or privity of the Keeper of such Prison, every such person shall 
 
 be deemed to have delivered such disguise, instrument or arms, with 
 intent to aid and assist such pi'isoner to escape or attempt to escape ; 
 and if any person shall, by any means whatsoever, aid and assist any 
 prisoner to escape, or in attempting to escape from any Prison, every 
 person so offending, Avhether an escape be actually made or not, shall 
 be guilty of Felony ; and, being convicted thereof, shall be transported 
 beyond the Seas for any term not exceeding fourteen Years. 
 
 XIII. And to the intent that prosecutions for escapes, breaches of in pvosecu- 
 prison and rescues may be cari'ied on with as little trouble and expense Escap'es, 
 as is possible, be it further enacted, that in case of any prosecution for ^^^-^^i^^' 
 any escape, attempt to escape, breach of prison or rescue either against the convic- 
 the offender escaping or attempting to escape, or having broken proof "f 
 Prison,|or having been rescued, or against any other person or persons jfe^"uadent 
 concerned therein, or aiding, abetting or assisting the same, a certificate evidence of 
 given by the Clerk of Assize or other Clerk of the Court in which uon. 
 such Offender shall have been convicted, shall, together with due 
 
 proof of the identity of the person, be sufficient evidence to the Court 
 and Jury of the nature and fact of the conviction and of the species 
 and period of confinement to which such person was sentenced. 
 
 XIV. And be it further enacted, that separate rooms shall be set Booms to be 
 apart by the Justices of the Court of Quarter Sessions, if the size of gi't wa^s^ 
 the Gaols will admit thereof, as Infirmaries or Sick Wards for the j^tttiee''^ 
 two Sexes ; and at least one large bathing tub provided by the Provost ing ceii for 
 Marshal General, at the public expense, for the use of the prisoners olerfi?™ 
 in such Gaol ; a separate sleeping cell shall, if possible, be set apart by p^s^'^'^- 
 the Justices aforesaid for every prisoner, but as the numbers may 
 sometimes be too great to admit of a separate cell to each, and as it is 
 expedient that two male prisoners only shall never be lodged together, 
 
 a small proportion of cells or rooms shall be by such Justices set apart 
 for the reception of three or more prisoners. 
 
 XV. And be it further enacted,' that whenever the Chief Justice Tiie judges 
 or the Assistant Justices of the Court of General Assize sliall deem it J^^^. °^*^j,';,_ 
 necessary that the prisoners, or any part of them, shall be removed aryiemovai 
 from any Gaol in order that the same may be repaired, im]3roved, en- °o othe""*'^ 
 larged or rebuilt, or on account of any contagious or infectious disease Jj,na''ne°^em. 
 therein, or of the overcrowded state of such Gaol, or for any other in certain 
 purposes of this Act, it shall and may be lawful for the said Chief or °*°^°' 
 other Justices, by an order in writing, to direct the Provost Marshal 
 
238 
 
 BERMUDA ACTS. 
 
 [1835. 
 
 Duration. 
 
 General, or his lawful Deputy, or the Keeper of such G-aol, to remove 
 such Prisoners to such other Prison or place of confinement as the 
 said Chief or other Justices shall appoint, and to confine such Prisoners 
 therein during the time such necessity shall exist ; and that when such 
 Gaols shall be repaired, enlarged, improved or rebuilt, or when such 
 contagious disease shall have ceased to exist, or the purposes for which 
 the prisoners shall have been so removed shall have been answered, it 
 shall be lawful for such Chief or otlier Justices, by a like order in 
 writing, to direct such Provost Marshal General, Deputy or Keeper 
 to remove back to such Gaol from whence the prisoners came, all 
 such prisoners as shall then remain in his custody ; provided that no 
 removal made under the authority of this Act shall be deemed or taken 
 to be an escape ; and that nothing herein contained shall extend to 
 discharge the Provost Marshal General or other officer from being 
 answerable for the actual escape of any prisoner in his custody. 
 
 XYI. And be it, &c., that this Act shall be in force for and during 
 the term of two years, and thence to the end of the next Session of the 
 Legislature. 
 
 [See Acts of 1838, No. 9 ; of 1844, No. 11; of 1849, No. 3; ofl859,No.lS; and of 1836, 
 No. 17. 
 
 This Act of 1834, together with those of 1838, 1844 and 1849 continued by the Act of 
 1838, No. 2, to the end of 1869. 
 
 Under the Act of 1836, No. 17, during the continuance of this Act of 1834, No. 20, 
 Regulations may he made by the Justices in Sessions respecting the Prison Dietary.] ■ 
 
 ^ 1835. No. 2. 
 
 AN ACT for the amendment of the Law, and letter advancement 
 
 of Justice. 
 
 [30 June, 1835.] 
 
 An Action 
 of Trespass 
 may be 
 maintained 
 by Execu- 
 tors or Ad- 
 ministrators, 
 for injui"y to 
 the real Es- 
 tate of tlie 
 deceased, in 
 certain 
 
 WHEREAS there is no remedy jirovided by Law, for injuries to 
 the real Estate of any person deceased, committed in his life time, nor 
 for certain wrongs done by a person deceased, in his life time to 
 another in respect of his j)roperty, real or personal ; for remedy 
 thereof : 
 
 I. "We, therefore, &c., and be it enacted, &c., that an Action of 
 Trespass or Trespass on the case, as tlie case may be, may be main- 
 tained by the Executors or Administrators of any person deceased, for 
 any injury to the real Estate of such person committed in his life 
 time, for which an action might have been maintained by such per- 
 son, so as" such injury shall have been committed within six calendar 
 months before the death of such deceased person, provided such action 
 shall be brought within one year after the death of such person, and 
 also provided, that such deceased person in his life time, shall have 
 commenced an action for such injury, or shall have expressed his in- 
 tention of commencing such action, and the damages when recovered, 
 shall be part of the personal Estate of such person : and further that 
 an action of trespass or trespass on the case, as the case may be, may 
 
1835.] BEEMUDAACTS. , 239 
 
 be maintained against the Executors or Administrators of any person 
 deceased, for any wrong committed by him in his life time, to another 
 in respect of his property, real or personal, so as such injury shall 
 have been committed within six calendar months before such person's 
 death, and so as such action shall be brought within six calendar 
 months after such Execvitors or Administrators shall have taken upon 
 themselves the Administration of the Estate and effects of such per- 
 son : and the damages to be recovered in such action shall be payable 
 in like order of Administration as the simple contract debts of such 
 person. 
 
 II. And be it, &c., that all actions of debt for rent upon an in- ^,"^'1'^™ 
 denture of demise, all actions of covenant or debt upon any bond or of Debt for 
 other specialty, and all actions of debt or scire facias upon any recog- indenture, 
 nizance, and also all actions of debt upon any award when the sub- or D7bt"up-'' 
 mission is not by specialty, or for an escape, or for money levied upon !r„7DebtTr' 
 any Writ of execution, and all actions for penalties, damages, or sums ««.•/».■ up- 
 of money given to the party grieved, by any Statute now or hereafter nSance"^ 
 to be in force, that shall be sued or brought at any time after the end ^warafo? 
 of the present Session of the Legislature, shall be commenced and tor Escape, 
 sued within the time and limitation hereinafter expressed, and not ieviea,or 
 after, that is to say, the said actions of debt for rent upon any inden- ufe°° ^''*' 
 ture of demise, or covenant or debt upon any bond or other specialty, 
 actions of debt ot scire facias upon recognizance within ten years after 
 
 the end of this present Session, or within twenty years after the cause 
 of such actions or suits but not after, the said actions by the party 
 grieved one year after the end of this present Session, or within two 
 years after the cause of such actions or suits, but not after ; and the 
 said other actions within three years after the end of this present Ses- 
 sion, or within six years after the cause of such actions or suits, but 
 not after ; Provided that nothing herein contained shall extend to 
 any action given by any Statute where the time for bringing such 
 action is or shall be by any Statute specially limited. 
 
 III. And be it, &c., that if any person or persons that is, are or Exception 
 shall be entitled to any such action or suit, or to such scire facias, is sons°mfder 
 or are or shall be at the time' of any such cause of action accrued disabilities, 
 within the age of twenty-one years, feme covert, non comjpos mentis, 
 
 or beyond the seas, then such person or persons shall be at liberty to 
 bring the same actions, so as they commence the same within such 
 times after their coming to or being of full age, discovert, of sound 
 memory, or returned from beyond the seas, as other persons having 
 no such impediment should according to the provisions of this Act, 
 have done ; and that if any person or persons against whom there 
 shall be any such cause of Action is, or are or shall be at the time 
 such cause of action accrued, beyond the seas, then the person or pei-- 
 sons entitled to any such cause of Action shall be at liberty to bring 
 the same against such person or persons within such times as are 
 before limited after the return of such person or persons from beyond 
 the seas. 
 
 rV. Provided always that if any acknowledgment shall have been . 
 made either by writing signed by the party liable by virtue of such case of ac- 
 indenture, specialty or recognizance, or his agent, or by part payment ^'^"""^^'^s- 
 
Plaintiffs 
 may com- 
 
 240 BERMUDA ACTS. [1835. 
 
 mentmwri^ 01' part Satisfaction on acconnt of any principal or interest being then 
 partpay-^ due thereon, it shall and may be lawful for the person or persons en- 
 ™'°'- titled to such actions to bring his or their action for the money re- 
 
 maining unpaid and so acknowledged to be dne, within twenty years 
 after such acknowledgment by writing or part payment or part satis- 
 faction as aforesaid, or in case the person or persons entitled to such 
 action shall at the time of such acknowledgment be under any such 
 disability as aforesaid, or the party making such acknowledgment, be at 
 the time of making the same, beyond the seas, then within twenty 
 years after such disability shall have ceased as aforesaid, or the party 
 shall have returned from beyond seas, as the case may be ; and the 
 plaintiff or plaintiffs in any such action on any "indenture, specialty or 
 recognizance, may, by way of replication state such acknowledgment, 
 and that such action was brought within the time aforesaid in answer 
 to a plea of this Statute. 
 
 Y. And, nevertheless, be it enacted if in any of the said actions, 
 judgment be given for the Plaintiff, and the same be reversed by 
 a'cti'ons'with- ^rror, or a verdict pass for the Plaintiff, and upon matter alleged in 
 in a year arrcst of judgment the judgment be given against the plaintiff that 
 mer judg- lie takc nothing by his plaint, writ or bill, that in all such cases the party 
 "rrested of plaintiff, liis Executors or Administrators, as the case shall require, 
 reTersedon may commencc a new action or suit from time to time within a year 
 after such judgment reversed, or such judgment given against the 
 Plaintiff, and not after. 
 
 abatemeiTt ^^- -^^^d be it further enacted, that no plea in abatement for the 
 
 tobeai- non-joinder of any person as a co-Defendant shall be allowed in any 
 
 no"-jdnder Court of Commou Law unless it shall be stated in such plea that such 
 
 ant'uni'ets persou is resident 'wi thin the jurisdiction of the Court, and unless the 
 
 such De- place of residence of such person shall be stated with convenient cer- 
 
 stated^tobe taiuty in an affidavit verifying such plea. 
 
 within the 
 
 Jurisdiction, yjj j^^^ -^^^ ^^ furthcr euactcd, that in all such cases in which 
 Defendants after such plea in abatement the plaintiff shall, without having pro- 
 "iraiS''''' ceeded to trial upon issue thereon, commence another action against 
 abatement, the Defendant or defendants in the action in which such plea in abate- 
 oiheractura, msut shall have been pleaded, and the person or persons named in 
 such plea in abatement as joint contractors, if it shall appear by the 
 pleadings in such subsequent action, or on the evidence at the trial 
 thereof, that all the original Defendants are liable, but that one or 
 more of the persons named in such plea in abatement or any subse- 
 quent plea in abatement are not liable as a contracting party, or par- 
 ties, the Plaintiff shall nevertheless be entitled to judgment, or to a 
 verdict and judgment as the case may be, against the other Defend- 
 ant or Defendants who shall appear to be liable : and every Defendant 
 who is not so liable shall have judgment, and shall be entitled to his 
 costs as against the Plaintiff, who shall be allowed the same as costs 
 in the cause against the Defendant or Defendants, who shall have so 
 pleaded in abatement the non-joinder of such person; Provided 
 that any such Defendant who shall have so pleaded in abatement 
 shall be at liberty on the trial to adduce evidence of the liability of 
 the Defendants named by him in such plea in abatement. 
 
 yill. And be it, &c., that no plea in abatement for misnomer shall 
 
 in certain 
 cases. 
 
1835.] BERMUDA ACTS. 241 
 
 be allowed in any personal action, but that in all cases in which a Misnomers 
 misnomer would but for this Act have been by law pleadable in abate- amended, 
 ment in such Actions, the Defendant shall be at liberty to cause the 
 Declaration to be amended, at the costs of the Plaintiff by inserting 
 the right name, upon a Judge's Summons founded on an Affidavit of 
 the right name ; and in case such summons shall be discharged, the 
 costs of such application shall be paid by the party applying, if the 
 Judge shall think fit. 
 
 ^ In actions 
 
 IX. And be it, &c., that in all actions upon Bills of Exchange or Z^in' ' 
 promissory notes, or other written Instruments, any of the parties to party it'"' 
 which are designated by the initial letter or letters or some contraction b^'JnMai* 
 of the Christian or first name or names, it shall be sufficient in every letters, &c., 
 affidavit to hold to bail, and in the process or Declaration to desig- sufficimtTor 
 nate such persons by the same initial letter or letters or contraction tSXC^^ate 
 of the christian or first name or names instead of stating the christian them by 
 
 r» . • t* 1-1 ° same letters, 
 
 or first name or names m full. 4c. 
 
 X. And be it further enacted, that no wa^er of law shall hereaf- wager of 
 
 .1111 ' ° Law disal- 
 
 ter be allowed. lowed. 
 
 XI. And be it further enacted, that an action of Debt on simple Debt main- 
 contract shall be maintainable in any Court of Common Law, against agSnstExe- 
 any Executor or Administrator. Admi^tra- 
 
 XII. And be it further enacted, that it shall be lawful for the °"'. 
 
 pai'ties in any action or information, after issue joined, by consent and state the 
 
 by order of any of the Judges of the Court of General Assize, to state spedarcase 
 
 the facts of the case in the form of a special case for the opinion of f»rtheopin- 
 
 1 .J- 1111 i/»i ^°" °^ *i^® 
 
 the Court, and to agree that a judgment- shall be entered lor the court. 
 
 Plaintiff or Defendant by confession, or of nolle prosequi, immediately 
 
 after the decision of the case, or otherwise, as the Court may think 
 
 fit, and judgment shall be entered accordingly. 
 
 XIII. And in order to render the rejection of Witnesses on the witness ob- 
 ground of interest less frequent : Bo it further enacted, that if any ihe'sround" 
 Witness shall be objected to as incompetent on the ground that- the Jhatthe 
 Yerdict or Judgment in the action in which it sliall be proposed to woufd'be 
 examine him, would be admissible in evidence for or against him, fo'l™^''''* 
 such Witness shall nevertheless be examined, but in that case a Yer- ^^^^'''be^^' 
 diet or Judgment in that action in favour of the party on whose behalf amined. 
 he shall have been examined, shall not be admissible in evidence for 
 
 him or any one claiming under him, nor shall a verdict or judgment 
 against the party on whose behalf he shall have been examined, 
 be admissible in evidence against him, or any one claiming under him. 
 
 XIY. And be it further enacted that the name of every witness me name 
 objected to as incompetent on the ground that such verdict or judg- "uc^wltness 
 ment would be admissible in evidence for or against him shall at the to t>e en- 
 trial be indorsed on the record or document on which the trial shall tiie^Kecord. 
 be had, together with the name of the party on whose behalf he was 
 examined, by some Officer of the Court at the request of either party, 
 and shall be afterwards entered on the record of the judgment, and 
 such indorsement or entry shall be sufficient evidence that such Wit- 
 ness was examined in any subsequent proceeding in which the verdict 
 or judgment shall be offered in evidence. 
 31 ' 
 
242 BERMUDAACTS. [1835. 
 
 1835. No. 10. 
 
 AN ACT for the amendment of the Law of Inheritance. 
 
 [20 July, 1835.] 
 
 K^T't"* -'-• "^®' '^^•' ^^^ ^® ^^ enacted, &c., that the words and expres- 
 of certain sions hereinafter mentioned, which in their ordinary signification have 
 ^°'^"' a more confined or a difi'erent meaning, shall in this Act, except 
 where the nature of the provision or the context of the Act shall ex- 
 clude such construction, be interpreted as follows (that is to say) the 
 word " Land " shall extend to Messuages and all other hereditaments 
 whether corporeal or incorporeal, and to money to be laid out in the 
 purchase of Land, and to Chattels, and other personal property, trans- 
 missible to Heirs, and also to any share of the same hereditaments 
 and properties, or any of them, and to any Estate of inheritance, or 
 Estate for any life or lives, or other Estate transmissible to Heirs, and 
 to any possibility, right, or title of entry or action, and any other in- 
 terest capable of being inherited, and whether the same Estates, pos- 
 sibilities, rights, titles and interests or any of them, shall be in pos- 
 session, reversion, remainder or contingency : and the words " the 
 purchaser," shall mean the person who last acquired the Land other- 
 wise than by descent, or than by any escheat, partition or Inclosure, 
 by the effect of which, the Land shall have become part of or descend- 
 ible in the same manner as other Land acquired by Descent : and the 
 word " Descent " shall mean the title to inherit land by reason of con- 
 sanguinity, as well where the Heir shall be an Ancestor or Collateral 
 delation, as Avhere he shall be a child or other issue ; and the expres- 
 sion Descendants of any Ancestor shall extend to all persons who 
 trace their Descent tliroi;gh stich Ancestor : and the expression " the 
 person last entitled to Land," shall extend to the last person who had 
 a right thereto, whether he did or did not obtain the possession or the 
 receipt of the rents and profits thereof ; and the word " Assurance," 
 shall mean any Deed or Instrument (other than a "Will) by which any 
 Land shall be conveyed or transferred at Law or in equity ; and every 
 Avord importing the singiilar number only, shall extend and be ap- 
 plied to several persons or things as Avell as one person or thing ; and 
 every word importing the masculine gender only, shall extend and be 
 applied to a Female as well as a Male. 
 
 Descent how H. And be it, &c., that in every case Descent shall be traced 
 to be traced, f^.^j^ ^q purchaser ; And to the intent that the pedigree may never 
 be carried further back than the circumstances of the case and the 
 nature of the Title shall require, the Person last entitled to the Land 
 shall, for the purposes of this Act, be considered to have been the 
 purchaser thereof, unless it shall be proved that he inherited the same, 
 in which case the person from whom he inherited the same shall be 
 considered to have been the purchaser, unless it shall be proved tliat 
 he inherited the same : And in like manner the last person from 
 whom the Land shall be proved to have been inherited shall in every 
 case be considered to have been the purchaser, unless it shall be 
 proved that he inherited the same. 
 
1835.] BERMUDA ACTS. 243 
 
 III. And be it, &c., that when any Land shall have been devised tana devis- 
 by any Testator, who shall die after the Thirty-first day of December, to^'eivoP^ 
 One thousand eight hundred and thirty-iive, to the Pleir or to the Heu'^to'bf ° 
 person who shall be the Heir of such Testator, such Pleir shall be aeemeaa 
 considered to have acquired the Land as a Devisee and not by De- Ana Land 
 scent : And when any Land shall have been limited by any assurance Iheo'to the" 
 executed after the said Thirty -first day of December, One thousand p";"""^"" 
 eight hundred and thirty-five, to the Person or to the Heirs of the same, or wa 
 person who shall thereby have conveyed the same Land, such person they ^ be' 
 shall be considered to have acquired the same as a Purchaser by vir- chairs. ^^'^' 
 tue of such assurance and shall not be considered to be entitled thereto 
 as his former Estate or part thereof. 
 
 rV. And be it, &c., that when any person shall have acquired Peraon ac- 
 any Land by purchase under a limitation to the Heirs or to the Heirs ^nde^^ce?-""^ 
 of the Body of any of his Ancestors contained in an assurance exe- J?'"^''™'^' 
 cuted after the said Thirtj^-first day of December, One thousand eiglit the Lana to 
 hundred and thirty-five, or under a limitation to the Heirs or to the thracsce^nt 
 Heirs of the Body of any of his Ancestors, or under any limitation ^"ai'nhrAn* 
 having the same effect contained in a Will of any Testator who shall cestorhaa 
 
 . ' been the 
 
 depart this life after the said Thirty-first day of December One thou- purchaaer. 
 sand eight hundred and thirty-five, then and in any of such cases 
 such Land shall descend and the descent thereof shall be traced as if 
 the Ancestor named in such limitation had been the purchaser of such 
 Land. 
 
 V. And be it, &c., that no Brother or Sister shall be considered Descent 
 
 to inherit immediately from his or her Brother or Sister, but every or sister to" 
 descent from a Brother or Sister shall be traced through the Parent. * thrMglfthe 
 
 Parent. 
 
 VI. And be it, &c., that every lineal Ancestor shall be capable lineal An- 
 of being Heir to any of his issue, and in every case where there shall ceator maji 
 be no issue of the purchaser, his nearest lineal Ancestor shall be his his lasue." 
 Heir in preference to any person who would have been entitled to 
 inherit either by tracing his Descent through such lineal ancestor, or 
 
 in consequence of their being no Descendant of such lineal Ancestor, 
 so that the Fatlier shall be preferred to a Brother or Sister, and a 
 more remote lineal Ancestor to any of his issue other than a nearer 
 lineal Ancestor or his issue. 
 
 YII. And be it further enacted and declared that none of the ^j^^p^^^^. 
 maternal Ancestors of the person from whom the Descent is to benaiuneto 
 traced, nor any of their Descendants shall be capable of inheriting aence'^if'the 
 until all his paternal Ancestors and their Descendants shall have Maternal. 
 failed, and also that no female paternal Ancestor of such person nor 
 any of her Descendants shall be capable of inheriting until all his 
 Male paternal Ancestors and their Descendants shall have failed, and 
 that no female Maternal Ancestor of such person, nor any of her De- 
 scendants shall be capable of inheriting until all his Male Maternal 
 Ancestors and their Descendants shall have failed. 
 
 VIII. And be it further enacted and declared that where there on failure of 
 shall be a failure of Male Paternal Ancestors of the person from whom ^^^I'^^lf;- 
 the Descent is to be traced, and their Descendants, the Mother of his tors ana 
 
244 BERMUDA ACTS. [1835. 
 
 their De- more remote Male Paternal Ancestor, or her Descendants, shall be 
 toe Motor the Heir or Heirs of snch Person, in preference to the Mother of a 
 ?e'mote7" ^^ss rcmoto Male paternal Ancestor, or her Descendants ; and where 
 clstor t?" *^^^® ^^^^^ ^® ^ failure of Male Maternal Ancestors of such person, 
 hlrDescend- and their Descendants the Mother of his more remote Male Maternal 
 p?etore^a! Anccstor, and her Descendants shall be the Heir or Heirs of such 
 
 person in preference to the Mother of a less remote Male Maternal 
 
 Ancestor and her Descendants. 
 
 Eeiattvesby IX. And be it, &c., that any person related to the person from 
 capabieV whom the Desccnt is to be traced by the half blood shall be capable 
 Inheriting. q£ being his Heir, and the place in which any such Kelation by the 
 half blood shall stand in the order of Inheritance, so as to be entitled 
 to inherit, shall be next after any Kelation in the same degree of the 
 whole blood, and his issue, where the common Ancestor shall be a 
 Male, and next after the common Ancestor where such common An- 
 cestor shall be a Female, so that the Brother of the half blood on the 
 part of the father shall inherit next after the Sisters of the whole 
 blood on the part of the father and their issue, and the Brother of 
 the half blood on the part of the Mother shall inherit next after the 
 Mother. 
 
 iJS^Mnftom ^- ^^<1 ^6 it, &c., that where the person from whom the De- 
 whom the sccnt of any Land is to be traced, shall have had any Relation, who, 
 be traced, liaviug bccu attainted, shall have died before such Descent shall have 
 Son "attaint- taken place, then such attainder shall not prevent any person from 
 beiwe the^'^ inheriting such Land who would have been capable of inheriting the 
 descent, snch same by tracing his Descent through such Relation if he had not been 
 shaii'not'^bar attainted, unless such Land shall have escheated in consequence of 
 tance.'^nniess ^^^^ attainder before the First day of January One thousand eight 
 esche'ated huudrcd and thirty-six. 
 
 before 1336. •' 
 
 This Act ^^- -^^^ ^® it) '^^■j t^^t this Act shall not extend to any Descent 
 
 not to ex- which shall take place on the Death of any person who shall die 
 Descent^be- beforc the said First day of January One thousand eight hundred and 
 
 fore 18.36. thirty-sis. 
 
 AnyAssnr- ^I- -^^^ ^^ i^j &c., that whcrc any Assurance executed before 
 t°d blfore" t^® ^^^^ First day of January One thousand eight hundred and thirty- 
 1836, or six, or the Will of any person who shall Die before the said First day 
 pereon'dy^'^ of January One thousand eight hundred and thirty-six, shall contain 
 isi6''inTer- ^1^7 limitation or gift to the Heir or Heirs of any person, under which 
 tain cases the pcrson or persons answering the Description of Heir shall be en- 
 fe^ctedby"*^^ titled to an Estate by purchase, then the person or persons who would 
 this Act. liare answered such description of Heir if this Act had not been made, 
 shall become entitled by virtue of such limitation or gift, whether the 
 person named as Ancestor shall or shall not be living, on, or after 
 the said First day of January One thousand eight hundred and thirty- 
 six. 
 
1835.] BERMUDA ACTS. 245 
 
 1835. No. 12. 
 
 AN ACT in addition to the Act entitled, " An Act authorizing tJie 
 purchase of a certain place or situation, commonl/y called Saint 
 John' s mil ', and also certainlands contiguous thereto, and for the 
 vesting the same in the Crown, to and for the use and residence of 
 the M aval Co7nmander-in- Chief for the time heing, upon this 
 Station." 
 
 [24 July, 1835.] 
 
 "WHEREAS by the Act passed by the Legislature of these Islands Preamble, 
 in the Year One thousand eight hundred and sixteen, the title whereof 
 is above recited, certain Lands and Tenements called Saint John's 
 Hill adjoining unto Abbot's Bay in Pembroke Parish, were vested in 
 His Majesty, his Heirs and Successors for ever, as, and for the resi- 
 dence and use of the Naval Commander-in-Chief on this Station.— 
 And "Whereas it is deemed expedient to vest in His Majesty to and for 
 the same uses Two other small parcels of Land adjoining Saint John's 
 Hill, one containing about One Acre, with a Cottage standing there- 
 upon, heretofore held by John "Whitney, now deceased, and the other 
 also containing about One Acre, being a lot of Glebe Land distant 
 from the other Glebe Lands in the said Parish ; and to provide'for the 
 compensation of the Proprietors thereof: 
 
 I. We, therefore, &c., and be it enacted, &c., that the said Lot whuncy's 
 of Land containing about One acre, called "Whitney's, situated in the fanJ^^ested 
 Parish aforesaid and bounded "Westerly by the said lands called Saint in the 
 'John's Hill, Northerly by the Margin of Abbot's Bay, Southerly by °'°^'''' 
 the High-way leading from Spanish Point to the Eastward, and East- 
 erly by the lot of Glebe Land hereinafter mentioned, together with the 
 Cottage thereupon, and all the appurtenances thereof, be, and the 
 same hereby are, vested in His Majesty, his Heirs, and Successors 
 for ever, to and for the same uses and purposes as are appointed and 
 limited by the said Act passed in the Year One thousand eight hundred 
 and sixteen, for the said lands called Saint John's Hill. 
 
 II. And whereas the said John "Whitney by his "Will, bearing date 
 the fourteenth day of November, in the year One thousand eight 
 hundred and sixteen, devised all his Estate, real and personal, to his 
 Wife, Mary Sarah Whitney, during her life or widowhood, with re- 
 mainder to his four children, Samuel Henry Whitney, William Rich- 
 ardson Whitney, Anne, (now the wife of "William Lewis Lightbourn,) 
 and John Whitney, as tenants in common in fee simple, and directed 
 that in case his wife should be in want of means to educate and bring 
 up his said children, she should be allowed, with the consent of the 
 Executors of his said Will, to sell or dispose of any part of his property 
 for those purposes, and appointed his said Wife Executrix, John W. 
 Tilley (since deceased), and Samuel Dunscomb, the Executors of his 
 Will, and nominated the said John W. Tilley, and Samuel Punscomb 
 as Guardians of his said Children. And whereas the said Mary Sarah 
 Whitney, William Richardspn Whitney, and Ann Lightbourn, for them- 
 selves, and on behalf of the said Samuel Henry Whitney and John 
 
 Preamble. 
 
246 BERMUDA ACTS. [1835. 
 
 Whitney, (who are now absent from Bermuda,) and with the consent 
 and approbation of the said Samuel Dunscomb, have expressed their 
 willingness for the said acre of land, and cottage called Whitney's, to 
 be vested as herein before expressed, in consideration of the Dwelling 
 House and parcel of land now occupied by the said Mary Sarah 
 Whitney and her children, and hereinafter described being vested and 
 settled as hereinafter expressed, and also of the sum of Two hundred 
 and fifty pounds of current Money of Bermuda, being appropriated 
 for them as hereinafter expressed, therefore, be it further enacted, that 
 the Dwelling House and parcel of Land, containing three Acres, one 
 Eood, and twenty-two Perches, or thereabouts, now occupied by the 
 said Mary Sarah Whitney and her children, heretofore the property of 
 John William Foggo, situate in Pembroke Parish, aforesaid, and 
 bounded Northerly by other Lands held or claimed by the said 
 devisees of the said John Whitney ; Southerly by Lands held or 
 claimed by the Heirs of Samuel Wood ; Westerly by Lands held or 
 claimed by John Eve ; and Easterly by Lands held or claimed by John 
 Walker, Junior, and Lands formerly occupied by Robert Pobinson ; 
 together with all the appurtenances tliereof, be, and the same are 
 Another hereby vested in the said Mary Sarah Whitney, Samuel Henry Whit- 
 ?an'd ™™pi- ^^y^ William Richardeon Whitney, Ann Lightbonrn, and John Whit- 
 er by Mary ney, for the same Estates respectively, and to and for the same uses, 
 vested In as the «,foresaid Cottage and acre of Land at Abbots' Bay, were held 
 cMidren^lo by them. And that the Public Treasurer do faj out of any unappro- 
 uaes^""* priated Moneys in the Public Treasury, xinto the said John William 
 And to be Foggo, or his assigQS, the sum of Two himdred and fifty pounds, being 
 ofthe'pub- the price demanded by him, for the said House and Lands now occu- 
 ho Treasury, ^jg^j ^y ^j^g ^^^^ Mary Sarah Whitney, and her children. 
 
 Interest of IH. And bc it further enacted, that the Public Treasurer do pay 
 
 £26oto1«° out of any imappropriated Moneys in the Public Ti-easury, unto the 
 paidtoMary gg^[^ Marv Sarah Whitney, Literest at and after the rate of Five per 
 
 Sarah Wblt- J |."'it-\-iit f, i~t i 
 
 ney. ccutum, per annum, irom the Jiiglith day oi September next, upon 
 
 the further sum of Two Imndred and fifty pounds, during her widow- 
 hood, and so long as the principal of the said sum of Two LLindred 
 and fifty pounds shall remain unpaid in manner hereinafter mentioned : 
 ' And that the Public Treasurer do pay out of any unappropriated 
 Moneys in the Public Treasury, the principal of the said sum of Two 
 hundred and fifty pounds, in manner following — that is to say, — the 
 
 Appropria- ^um of Sixty-two pounds ten shillings, part thereof, unto the said 
 
 tion^of pria- Samucl Hcury Whitney, and if during the widowhood of the said 
 Mary Sarah Whitney, with her concurrence and consent expressed in 
 writing : unto the said William Bichardson Wliitney the sum of 
 Sixty-two pounds ten shillings further part thereof; and if during the 
 widowhood of the said Mary Sarah Whitney, witli her like concur- 
 rence ; unto the said Ann Lightbourn and William Lewis Lightbonrn 
 her Husband, the sum of Sixty-two pounds ten shillings furtlier part 
 thereof ; and if during the widowhood of the said Mary Sarah Whit- 
 ney, with her like concurrence ; and unto her said Son John Whitney, 
 the sum of Sixty-two pounds ten shillings, residue of the said Two 
 hundred and fifty pounds ; and if during the widowhood of the said 
 
 Proviso. Mary Sarah Whitney, Avith her like concuiTence. — Provided always, 
 that the last mentioned Sum of Sixty-two pounds ten shillings be not 
 payable at any time before the Eighth day of March now next follow- 
 
1836.] BERMUDA ACTS. 247 
 
 ing. Provided also, that upon payment of the said several portions 
 of the Two hundred and fifty pounds respectively, the Interest herein- 
 before reserved to the said Mary Sarah Whitney, shall cease upon the 
 portions so paid. Provided also, that the payments authorized by 
 this Act, shall be in place and stead of the Kent of Twenty-five 
 pounds per Annum heretofore payable out of the Public Treasury to 
 the said Mary Sarah Whitney for the said Cottage and Acre of Land 
 at Abbot's Bay, and that the said Kent shall cease and determine on 
 the said Eighth day of September next. 
 
 lY. And be it fui-ther enacted, that the Lot of Glebe Land con- Lotofoiobe 
 taining about One acre of Land situate in Pembroke Parish aforesaid, i^^thV*'"'* 
 bounded jSTortherly by the Margin of Abbot's Bay, Southerly by the ^'o*"- 
 High-way aforesaid. Westerly by the said Acre of Land called Whit- 
 ney's, and Easterly by Lands held or claimed by Kichard William 
 George, with the appurtenances thereof, be, and the same hereby are 
 vested in His Majesty his Heirs and Successors for ever, to and for 
 the same uses and purposes as arc appointed and limited by the said 
 Act passed in the Year One thousand eight hundred and sixteen, for 
 the said lands called Saint John's Hill. 
 
 V. And Whereas the Reverend Joseph Fraser Lightbourn, the Pevpetuai 
 Rector of Pembroke and Devonshire. Parishes, hath consented that Eecto*°for 
 the said Lot of Glebe Land should be vested as aforesaid, in consider- Laiid^*^'''*'^ 
 ation of a perpetual Annual Rent of adequate amount, issuing out of 
 the Public Treasury, being settled by Law upon the Rector of Pem- 
 broke and Devonshire and his Successors, and for the amount of such 
 rent to be adjusted by the Magistrates of Pembroke and Devonshire, 
 and the Magistrates of those Parishes having considered the matter 
 have declared the sum of Forty shillings per annum to be an adequate 
 and sufficient perpetual Kent for the said Acre of Glebe Land. There- 
 fore be it further enacted, that the Public Treasurer do pay out of any 
 unappropriated Moneys in the Public Treasury, unto the Rector of 
 Pembroke and Devonshire Parishes and to his Successors for ever, 
 the sum of Forty shillings of current money of Bermuda, on the Ninth 
 day of March in every Year, or so sooij afterwards as the same shall 
 be demanded. Provided always, that if at any time the Benefice 
 should happen to be vacant at the time when such sum becomes pay- 
 able, then, that such arrears of rent shall be payable unto the succeed- 
 ing Rector. 
 
 1836. No. 8. 
 
 AN ACT to provide for payment of Witnesses attending the Courts of 
 General Assize, or Quarter or General Sessions of the Peace in 
 Criminal Cases. 
 
 [13 July, 1836.] 
 
 WHEREAS Witnesses required to attend the Courts of General Preamble. 
 Assize, or Quarter or General Sessions of the Peace in Criminal Cases, 
 are often times persons in humble circumstances who cannot afford to 
 
248 
 
 BERMUDA ACTS. 
 
 [1836. 
 
 Under cer- 
 tificates of 
 attendance. 
 
 Proviso. 
 
 lose their time and bear their own expences in attending for that pur- 
 pose, and it is expedient that they should receive some indemnification 
 out of the Colonial Treasury. — 
 
 Witnesses I. "We, therefore, &c., and be it enacted, &c., that from and after 
 
 or™"md'"^ the passing of this Act, every person who shall be Summoned or bound 
 3 the^'" by recognizance, and shall attend the Court of General Assize, or the 
 <5omts to be Coxirt of Quarter or General Sessions of the Peace, as a "Witness in any 
 ''*' criminal case, and shall demand the same at the time of such attend- 
 
 ance, shall be entitled to receive at the rate hereinafter mentioned, ftr 
 each and every day such person shall so attend. 
 
 II. And be it, &c., that as soon as any person who shall have 
 been Summoned or bound by recognizance and shall have attended 
 either of the said Courts as aforesaid, shall be regularly discharged 
 tlierefrom, the Chief Justice or Assistant Justices of the said Court of 
 General Assize, or the Chairman or Justices of the said Court of Quar- 
 ter or General Sessions of the Peace shall be authorized, and hereby 
 are authorized and required to grant or deliver imto such Witness so 
 discharged, who shall demand the same, a certificate subscribed by 
 such Chief or other Justices specifying the number of days such per- 
 son shall have attended either of the said Courts as a "Witness in any 
 criminal case or cases, and the rate of allowance to such Witness: 
 Provided always, that any person attending either of the said Courts 
 as a Witness in more than one case on the same day, shall not be 
 allowed for more than one day's attendance on that day ; and that no 
 person attending either of the said Courts as a Juror or Constable, 
 shall be entitled to receive allowance for attending as a Witness at 
 the same time ; and that no person attending either of the said Courts 
 as a Prosecutor, shall be entitled to receive allowance as a Witness. 
 
 III. And be it, &c., that upon the production to the Public Treas- 
 iirer of these Islands of any such Certificate as aforesaid, the said Pub- 
 lic Treasurer shall be, and he hereby is authorized and required to pay 
 out of the Public Treasury of these Islands as follows — to each and 
 every Witness residing in the Parish of Saint George six shillings, to 
 each and every Witness residing in either of the Parishes of Sandy's 
 or Southampton the sum of five shillings, to each and every Witness 
 residing in either of the Parishes of Hamilton, Smith or Warwick the 
 sum of four shillings, and to each and every Witness residing in either 
 of the Parishes of Paget, or Pembroke, or Devonshire, the sum of 
 three shillings and four pence, current money, for every day such Wit- 
 ness shall appear by such certificate to have attended as a Witness in 
 any criminal case, on either of the Courts aforesaid. 
 
 Dnration of -^"^^ ^^ i*) ^^-i ^^^ ^^^^ Act shall continuc in force for and during 
 Aot- the term of two years, and no longer. 
 
 [The rates of payment altered by Act of 1848, No. 7, and thia Act with that of 1848, 
 continued in force to the end of 1862 by Act of 1862, No. 4.] 
 
 Bates of 
 Payment. 
 
1836.] , BEEMUDAACTS. 249 
 
 1836. No. 9. 
 
 AN ACT for vesting in the Crown an additional lot of Land for 
 the use of the IS avail Commander-in-Chief on this Station. 
 
 [25 July, 1836.] 
 
 AVHEEEAS by an Act passed by the Legislature of these Islands Pi-eambie. 
 in the year of our Lord one thousand eight hundred and sixteen, in- 
 tituled, " An Act authorizing the purchase of a certain Place or Situ- 
 ation commonly called St. John's Hill ; and also certain Lands con- 
 tiguous thereto, and for the vesting the same in the Crown, to and for 
 the vise and residence of the l^^aval Commander-in-Chief for the time 
 being upon this Station." And by one other Act passed in the Year 
 one thousand eight hundred and thirty-five, in addition to the above 
 mentioned Act, certain Lands and Tenements situate at and near 
 St. John's Hill and Abbot's Bay in Pembroke Parish in these Islands, 
 were vested in His Majesty, his Heirs and Successors as and for the 
 residence and use of the Naval Commander-in-Chief on this Station. 
 And "Whereas it is deemed expedient to vest in His Majesty to and 
 for the same uses one other small, parcel of Land adjoining the lands 
 heretofore so vested, now the property of Pichard William George, 
 and containing about one Acre and an eighth part of an Acre, and 
 to provide for the compensation of the said Pichard William George : 
 
 I. We, therefore, &c., and be it enacted, &c., that the said lot of Additional 
 Land of Eichard William George, containing about one Acre and an the^orm.™ 
 eighth, part of an Acre, as now enclosed by a Wall, and heretofore 
 leased by the said Pichard William George to Vice Admiral the 
 
 Pight Honorable Sir George Cockburn, situate in Pembroke Parish 
 aforesaid, and bounded Southerly by the Highway leading from Saint 
 John's Hill in an Easterly direction, along the north side of Pem- 
 broke Parish ; Westerly by the lot of Glebe land described in the 
 said Act, passed in the Year One thousand eight hundred and thirty- 
 five : Easterly by lands held by John'E. Masters, in right of his Wife, 
 Susanna, daughter of Josiah Williams, deceased, and North- Westerly 
 by Abbot's Bay aforesaid, and all the appurtenances thereof be, and 
 the same hereby are vested in His Majesty, his Heirs and Successors 
 for ever, to and for the same uses and purposes as are appointed and 
 limited by the said Act passed in the Year one thousand eight hun- 
 dred and sixteen for the said lands called Saint John's Hill : Provided proviso. 
 always, that nothing herein contained shall be deemed or construed 
 to destroy or abridge any public right of access to the said Bay, so far 
 as the same now legally exists. 
 
 II. And Whereas the said Pichard William George has expressed Purchase 
 his willingness for his said lot of land to be vested as aforesaid in ^S^^^^ot' 
 consideration of the sum of One Hundred pounds being appropriated 'treasury. 
 for him as hereinafter expressed, therefore be it, &c., that the Public 
 Treasurer be, and he hereby is authorized and required to pay out of 
 
 any unappropriated Moneys in the Public Treasury unto the said 
 Eichard William George, his Attorney, Executors or Administrators, 
 the Sum of One hundred pounds of Current Money of these Islands. 
 32 
 
250 
 
 BERMUDA ACTS, 
 
 [1836. 
 
 1836. No. 11. 
 
 AN ACT for improving the administration of criminal Justice in 
 
 these Islands. 
 
 [26 July, 1836.] 
 
 Preamble. 
 
 Commit- 
 ment by 
 Jus ices of 
 the Peace, 
 in eases of 
 Felony. 
 
 WHEEEAS it is expedient to define under what circumstances 
 Persons may be admitted to Bail in 'cases of Felony, and to make 
 better provision for taking examinations, informations, bailments and 
 recognizances, and returning the same to the proper tribunals : And 
 "Whereas the technical strictness of criminal proceedings might in 
 many instances be relaxed so as to insure the punishment of the guilty 
 without depriving the accused of any just means of defence ; and the 
 administration of Justice in these Islands might in other respects be 
 rendered more effectual. 
 
 I. "We, therefore, &c., and be it enacted, <S^., that when any per- 
 son shall be taken on a charge of felony or suspicion of felony before 
 one or more Justice or Justices of the Peace, and the charge shall be 
 supported by positive and credible evidence of the fact or by such 
 evidence as if not explained or contradicted shall, in the opinion of 
 the Justice or Justices, raise a strong presumption of the guilt of the 
 person charged, such person sliall be committed to prison, by such 
 Justice or Justices in the manner hereinafter mentioned ; but if there 
 shall be only one Justice present, and the whole evidence given before 
 him shall be such, as neither to raise a strong presumption of guilt 
 nor to warrant the dismissal of the charge, such Justice shall order 
 the person charged to be detained in custody until he or she shall 
 be taken before two Justices at the least ; And where any person so 
 taken, or any person in the first instance taken before two Justices of 
 the Peace, shall be charged with felony or on suspicion of felony, and 
 the evidence given in support of the charge shall, in their opinion, not 
 be such as to raise a strong presumption of the guilt of the person 
 charged, and to require his or her committal ; or such evidence shall 
 be adduced on behalf of the person charged, as shall in their opinion 
 weaken the presumption of his or her guilt ; but there shall notwith- 
 standing appear to them in either of such cases to be sufficient ground 
 for judicial inquiry into his or her guilt, the person charged shall be 
 admitted to Bail by such two Justices in the manner hereinafter men- 
 Proviso. tioned. Provided always^ that nothing herein contained, shall be 
 construed to require any such Justice or Justices to hear evidence on 
 behalf of any person so charged as aforesaid, unless it shall appear to 
 him or them to be meet and conducive to the ends of justice to hear 
 the same. 
 
 Justices to II- And be it, &c., that the two Justices of the Peace before they 
 natons^"""'" ^hall admit to Bail, and the Justice or Justices before they shall com- 
 mit to prison any person arrested for Felony or on suspicion of Felony, 
 shall take the examination of such person, and the information upon 
 oath of those who shall know the facts and circumstances of the case, 
 and shall put the same or as much thereof as shall be material, into 
 writing : And the two Justices shall certify such bailment in writing. 
 
 Admission 
 to bail. 
 
And in cases 
 of Misde- 
 meanour. 
 
 1836.] BERMUDA ACTS. 25l 
 
 And every such Justice shall have authority to bind by recognizance ov^Vwi 
 all such persons as know or declare any thing material touching any "otse?. 
 such felony or suspicion of felony, to appear at the next Court ol Gen- 
 eral Assize, of Oyer and Terminer or Quarter Sessions of the Peace 
 at which the trial thereof is intended to be, then and there to prose- 
 cute or give evidence against the party' accused. And such Justices 
 and Justice respectively shall subscribe all such examinations, infor- 
 mations, bailments and recognizances, or deliver or cause the same to 
 be delivered to the proper Officer of the Court in which the trial is to 
 be, with all convenient and reasonable dispatch. 
 
 III. And be it, &c., that every Justice of the Peace before whom ^°Misde' 
 
 any person shall be taken on a charge of misdemeanour, or suspicion ~ 
 
 thereof, shall take the examination of the person charged, and the 
 information upon oath of those who shall know the facts and circum- 
 stances of the case, and shall put the same, or as much thereof as shall 
 be material into writing, before he shall commit to prison or require 
 bail from the person so charged ; and in every case of bailment shall 
 certify the bailment in writing ; and shall have authority to bind all 
 persons by recognizance to appear to prosecute or give evidence 
 against the party accused, in like manner as in cases of felony ; and 
 shall subscribe all examinations, informations, bailments and recog- 
 nizances, and deliver or cause the same to be delivered to the proper 
 Officer of the Court in which the trial is to be, with all convenient 
 and reasonable dispatch in like manner as in cases of felony. 
 
 lY. And be it, &c., that every Coroner upon any Inquisition be- fJIJ'™^'',^. 
 fore him taken touching any homicide, or whereby any person shall in tions and 
 be indicted for manslaughter or murder or as an accessory to murder wuneTses. 
 before the fact, shall put in writing the evidence given to the Jury 
 before him, or as much thereof as shall be material, and shall have 
 authority to bind by recognizance all such persons as know or declare 
 any thing material touching any homicide, or the said offence of being 
 accessory to murder, to appear at the next Coui't of General Assize, 
 of Oyer and Terminer or Quarter Sessions of the Peace, at which the 
 trial is to be, to prosecute or give evidence against the party charged. 
 And such Coroner shall certify and subscribe the same evidence and 
 all such recognizances, and also the Inquisition before him taken, and 
 shall deliver the same to the proper Officer of the Court in which the 
 trial is to be, before, or at the ojtening of the Court. 
 
 Y. And be it, &c., that if any Justice or Coroner shall offend in Justice or 
 any thing contrary to the true intent and meaning of these provi- Anabie for 
 sions, the Court to whose Officer any such examination, information, '^'='""" 
 evidence, bailment, recognizance or inquisition ought to have been 
 delivered, shall, upon examination and proof of the offence in a sum- 
 ' mary manner, set such fine upon every such Justice or Coroner as the 
 Court shall think meet. 
 
 YI. And be it, &c., that benefit of Clergy with respect to persons ^fg'l.ty' °boi- 
 convicted of felony shall be abolished ; but that nothing herein con- isbeJ. 
 tained shall prevent the joinder in any Indictment of any Counts 
 which might have been joined before the passing of this Act. 
 
 YII. And be it, &c., that no person convicted of felony shall suf- of™eath.™' 
 fer death, unless it be for some felony which was excluded from the 
 
262 BERMUDA ACTS. [1836. 
 
 benefit of clergy before or on the first day of the present Session of 
 the Legislature ; or which hath been or shall be made punishable with 
 death by some Act of Parliament in force in these Islands or Act of 
 the Legislature of these Islands passed after that day. 
 
 Felonies not VIII. And be it, &c., thart every person convicted of any felony 
 wuh'death not puuishablo with death, shall be punished in the manner prescribed 
 how punish- -^j ^jj^g j^^^ Qj, ^p^,g ^^ Parliament in force in these Islands, or Act or 
 (SeenoteA.) j^ets of the Legislature of these Islands specially relating to such fel- 
 ony ■; and that every person convicted of any felony, for which no 
 punishment hath been or hereafter may be specially provided, .shall 
 be deemed to be punishable under this Act, and shall be liable, at the 
 discretion of the Court, to be transported beyond the Seas for the 
 term of seven years, or to be imprisoned for any term not exceeding 
 two years ; and if a male to be once, twice or thrice publicly or pri- 
 vately whipped, (if the Court shall so think fit) in addition to such 
 imprisonment, and also, whether a male or female, (if the Court shall 
 so think fit), be fed upon bread and water only instead of the usual 
 Gaol allowance, during any part of the period of imprisonment, not 
 exceeding ten days in any one month ; Provided always, that any 
 prisoner adjudged to be fed on bread and water onlj^, shall be put on 
 the usual Gaol allowance for the whole or any part of the time so 
 adjudged, if the Medical Attendant shall deem it necessary for his or 
 her health ; and that no prisoner shall be liable to be fed on bread 
 and water only, on the same daj^ on which su:ch prisoner is to be em- 
 ployed at hard labour. 
 
 Place anil IX. And witli regard to the place and mode of imprisonment for 
 
 prisOTiment.' ^^ offcuces punishable under this Act, be it, &c., that where any 
 person shall be convicted of any ofi'ence punishable under this Act, 
 for which imprisonment may be awarded, it shall be lawful for the 
 Court to sentence the off"ender to be imprisoned, or to be imprisoned 
 and kept to hard labour in the Common Gaol, and also to direct that 
 the Offender shall be kept in solitary confinement for the whole or 
 any portion or portions of such imprisonment, or of such imprison- 
 ment with hard labour, as to the Court in its discretion shall seem 
 meet. 
 
 Capital cf- X. And Whereas divers Acts of Parliament and Acts of the 
 
 fshaMe''"uh Legislature of these Islands, taking away the benefit of clergy, or cre- 
 "^hether ^ting felonies without benefit of clergy, have omitted to take away 
 convicted hy the benefit of clergy under certain circumstances consequent upon the 
 Ssiop'oi™' Indictment of the Offender : Be it, &c., that if any person shall be 
 standing indicted of any ofi'ence which by virtue of any Act of Parliament in 
 force in these Islands, or Act of the Legislature of these Islands, made 
 or to be made, the offender is or shall be excluded from the benefit of 
 clergy, such person shall suffer death, whether he or she shall be con- 
 victed by verdict, or by confession, or shall upon arraignment stand 
 mute of malice, or will not answer directly to the charge, or shall 
 challenge peremptorily above the number of twenty persons returned 
 to be of the Jury, or shall be outlawed upon such Indictment, although 
 the Act or Acts of Parliament or of the Legislature taking away the 
 benefit of clergy in any such case may not expressly provide that the 
 off"ender shall be excluded from the benefit of Clergy in case such 
 
1836.] BERMUDA ACTS. 253 
 
 offender shall confess, or stand mute, or not answer directly, or chal- 
 lenge peremptorily above the number of twenty persons returned to 
 be of the Jury, or to be outlawed. And every thing herein contained 
 shall extend as well to all accessories as to principals. 
 
 XI. And with regard to felonies not punishable with death, be it, ^^Ynlict^ 
 &c., that if any person shall be indicted of any such felony, and such mentof fei- 
 person shall on arraignment, confess to the felony, or stand mute of puntsimWe 
 malice, or will not answer directly to the charge, or shall challenge b"atEfn'diD''g 
 peremptorily above the number of twenty persons returned to be of muto 4c. 
 the Jury, or shall be outlawed upon such Indictment, in every such 
 
 case such person shall be deemed and taken to be convicted of the 
 felony ; and the Court shall award such Judgment as if such person 
 had been convicted by verdict. And every thing herein contained 
 shall extend as well to all accessories as to principals. 
 
 XII. And be it, &c., that if any person not having privilege of Priaonera 
 peerage, being arraigned upon any indictment for treason, felony, or ?fot Gufity, 
 piracy, shall plead thereto a plea of " Not Guilty," he shall by such ^"^i^j^'jf ™'' 
 plea, without any further form be deemed to have put himself upon Kracy to bo 
 the Country for trial ; and the Court shall, in the usual manner, order jmy. ^ 
 
 a Jury for the trial of such person accordingly. 
 
 XIII. And be it, &c., that if any person being arraigned upon Prfsonera 
 or charged with any Indictment or information for treason, felony, mutel^c, 
 piracy or misdemeanour, shall stand mute of malice, or will not answer Seated as if 
 directly to the Indictment or information : in every such case it shall ^^j'5|°fit 
 be lawful for the Court, if it shall so think fit, to order the proper Offi- 
 cer to enter a plea of " JSTot Guilty," on behalf of such person ; and 
 
 the plea so entered shall have the same force and effect as if such per- 
 son had actually pleaded the same. 
 
 XIV. And be it, &c., that if any person indicted for any Trea- challenging 
 son, felony or piracy shall challenge peremptorily a greater number merary'^iu- 
 of the men returned to be of the Jury than such person is entitled by "■'^ ''<''''• 
 law so to challenge in any of the said cases, every peremptory chal- 
 lenge, beyond the number allowed by law in any of the said cases 
 
 shall be entirely void, and the trial of such person shall proceed as if 
 no such challenge had been made. 
 
 XT. And for the more effectual prosecution of Accessories before Accessories 
 the fact of felony, be it, &e., that if any person shall counsel, procure fectmaybe 
 or command any other person to commit any felony, whether the same 'vu^cf™' 
 be a felony at common Law, or by virtue of any Act of Parliament p^^fp^j 
 in force in these Islands, or hj virtue of any Act of the Legislature of 4o. 
 these Islands made or to be made, the person so counselling, procuring 
 or commanding, shall be deemed guilty of felony, and may be indicted 
 and convicted either as an accessory before the fact, to the principal 
 felony, together with the principal felon, or after the conviction of the 
 principal felon, or may be indicted and convicted of a substantial fel- 
 ony, whether the principal felon shall or shall not have been previ- 
 ously convicted, or shall or shall not be amenable to justice, and may 
 be punished in the same manner as any Accessory before the fact to 
 the same felony, if convicted as an Accessory may be punished ; and 
 
254 
 
 BERMUDA ACTS, 
 
 [1836. 
 
 ProTiso. 
 
 Accessories 
 alter the fact 
 may be tried 
 by any 
 Conrt hav- 
 ing jurisdic- 
 tiiin to try 
 the priDci- 
 pal. 
 
 the offence of the person so counselling, procuring or commanding? 
 howsoever indicted, may be inquired of, tried, determined and pun- 
 ished by any Court which shall have jurisdiction to tiy the principal 
 felon, in the same manner as if such offence had been committed at 
 the same place as the principal felony, although such offence may have 
 been committed either on the High Seas or at any place on land out 
 of these Islands, whether within His Majesty's dominions or without. 
 Provided always, that no person who shall be once duly tried for any 
 such offence, whether as an Accessory before the fact, or as for a sub- 
 stantive felony, shall be liable to be again indicted or tried for the 
 same offence. ' 
 
 XYI. And for the more effectual prosecution of Accessories after 
 the fact of felony, be it, &c., that if any person shall become an acces- 
 sory after the fact to any felony, whether the same be a felony at 
 common law, or by virtue of any Act of Parliament in force in these 
 Islands or by virtue of any Act of the Legislature of these Islands, 
 made or to be made, the offence of such person may be inquired of, 
 tried, determined and punished, by any Court which shall have juris- 
 diction to try the principal offender in the same manner as if the act 
 by reason whereof such person shall have become an Accessory, had 
 been committed within the body of these Islands, although such act 
 may have been committed either on the High Seas, or at any place on 
 land out of these Islands, either within His Majesty's dominions or 
 without. Provided always, that no person who shall be once duly 
 tried for any offence of being an Accessory, shall be liable to be again 
 indicted or tried for the same offence. 
 
 XVII. And in order that all Accessories mayTDc convicted and 
 punished in cases where the principal felon is not attainted, be it, &c., 
 that if any principal offender shall be in any wise convicted of any 
 felony, it shall be lawful to proceed against any accessory either be- 
 fore or after the fact, in the same manner as if such principal felon 
 had been attainted thereof, notwithstanding such principal offender shall 
 die, or be pardoned or otherwise delivered before attainder ; and every 
 such Accessory shall suffer the same punishment if he or she be in any 
 wise convicted, as he or she would have suffered if the principal had 
 been attainted. 
 
 XVni. And for preventing abuses from dilatory pleas, be it, &c., 
 that no Indictment or information shall be abated by reason of any 
 dilatory plea of misnomer, or of want of addition or of wrong addition 
 to the party offering such plea, although the Court shall be satisfied 
 by affidavit or otherwise of the truth of such plea, but in such case the 
 Court shall forthwith cause the Indictment or Information to be 
 amended according to the truth, and shall call upon such party to 
 plead thereto, and shall proceed as if no such dilatory plea had been 
 pleaded. 
 
 Judgment XIX. And that the punishment of offenders may be less fre- 
 
 Btey^dOTre- qucntly intercepted in consequence of technical niceties, Be it, &c., 
 cl^hi'd°e' *^^* °° Judgment upon any Indictment or Information for any felony 
 fects. or misdemeanour whether after Verdict, or by confession, default, or 
 
 (SeenoteB.) Qtherwisc, shall be stayed or reversed for want of the averment of any 
 
 Proviso. 
 
 Accessories 
 punishable 
 though prin- 
 cipal be not 
 attainted. 
 
 No Dilatory 
 Plea for 
 misnomer 
 *c. 
 
1836.] BERMUDA ACTS. 255 
 
 matter unnecessary to be proved ; nor for the omission of the words 
 " as appears by the record," or of the words " with force and arms," 
 or of the words " against the peace ;" nor for the insertion of the 
 words " against the form of the Statute," or of the words " against the 
 form of the Act of the Governor, Council and Assembly," instead of 
 the words " against the form of the Statutes," or the words " against 
 the form of the Acts of the Governor, Council and Assembly," or vice 
 versa ; or the insertion of the words " against the form of the Statute," 
 instead of the words " against the form of the Act of the Governor, 
 Council and Assembly," or vice versa ; nor for that any person or per- 
 sons mentioned in the indictment or Information is or are designated 
 by a name of office or other descriptive appellation, instead of his, her 
 or their proper name or names ; nor for omitting to state the time at 
 which the offence was committed, in any case where time is not of the 
 essence of the offence ; nor for stating the time imperfectly ; nor for 
 stating the offence to have been committed on a day subsequent to the 
 finding of the Indictment, or exhibiting the information, or on an im- 
 possible day, or a day that never happened ; nor for want of a proper 
 or perfect venue where the Court shall appear by the Indictment or 
 Information to have jurisdiction over the offence. 
 
 XX. And be it, &c., that no Judgment after verdict upon any y^^'^'j" 
 Indictment or information for any felony or misdemeanour shall befoi™ntof 
 stayed or reversed for want of a similiter ; nor for any misnomer or mtaomeV, 
 misdescription of the Officer returning the Jury process, or of any of *°- 
 
 the Jurors ; nor because any person has served upon the Jury who has 
 not been returned as a Juror by the Provost Marshal General or other 
 Officer ; and that where the offence charged has been created by any 
 Act of Parliament in force in these Islands, or Act of the Legislature 
 of these Islands made or to be made, or subjected to a greater degree 
 of punishment, or excluded from the benefit of clergy by any Act of 
 Parliament in force in these Islands, or Act of the Legislature of these 
 Islands made or to be made, the Indictment or information shall, after 
 Verdict, be held sufficient to warrant the punishment prescribed by 
 the Act, if it describe the offence in the words of the Act. 
 
 Plea of at- 
 4T1.D1 1 -fi "T tairider not 
 
 XXI. And be it, &c., that no plea settmg lorth any attamder *"!""• in- 
 shall be pleaded in bar of any Indictment unless the attainder be for m\^stoT 
 the same offence as that charged in the Indictment. offtnc"" 
 
 _-_ Jury tryinE' 
 
 XXII. And be it, &c., that where any person shall be indicted inciictment 
 for treason or felony, the Jury empannelled to try such person shall oi^Fefon™ 
 not be charged to inquire concerning his lands, tenements or goods, quJre" Con- 
 ner whether he fled for such treason or felony. ceming 
 
 «' lands, &c. 
 
 XXIII. And be it, &c., that whenever sentence shall be passed Sentence fo- 
 for felony on a person already imprisoned under sentence for another Feiony, on 
 crime it shall be lawful for the Court to award imprisonment for the J^adyTm"-" 
 subsequent offence, to commence at the expiration of the imprison- §™aentoce 
 ment to which such person shall have been previously sentenced ; and ^^j^°°*''°'' 
 where such person shall be already under sentence either of Imprison- commence 
 ment or transportation, the Court, if empowered to pass sentence of ration of '"' 
 transportation, may award such sentence for the subsequent offence, lllJl°^l 
 to commence at the expiration of the imprisonment or transportation 
 
256 BERMUDA ACTS. [1836. 
 
 to whicli such person shall have been previously sentenced, although 
 the aggregate term of imprisonment or transportation respectively may 
 exceed the term for which either of those punishments could be other- 
 wise awarded. 
 
 XXIV. And "Whereas it is expedient to provide for the more ex- 
 emplary punishment of offenders who commit felony after a previous 
 Punish- conviction for felony, whether such conviction shall have taken place 
 offenders before or after the commencement of this Act ; Be it, &c., that if any 
 qne™tcon- person shall be convicted of any felony, not punishable with death, 
 Felony not Committed after a previous conviction for felony, such person shall, on 
 Capital! such Subsequent conviction be liable, at the discretion of the Court, to 
 be transported beyond the seas, for life, or for any term not less than 
 seven years, or to be imprisoned for any term not exceeding four years, 
 and if a male, to be once, twice or thrice publicly or privately whipped 
 (if the Court shall so thiak fit) in addition to such imprisonment ; and 
 in an Indictment for any such felony committed after a previous con- 
 viction for felony, it shall be sufficient to state that the offender was 
 at a certain time and place convicted of felony without otherwise de- 
 scribing the previous felony ; and a certificate containing the substance 
 and effect only (omitting the formal part) of the Indictment and con- 
 "■' viction for the previous felony, purporting to be signed by the Clerk 
 of the Court or other Officer having the custody of the Eecords of the 
 Court where the offender was first convicted, or by the Deputy of such 
 Clerk or Officer (for which certificate a fee of six shillings and eight 
 pence and no more shall be demanded or taken,) shall upon proof of 
 the identity of the person of the offender, be sufficient evidence of the 
 first conviction without proof of the signature or official character of 
 the person appearing to have signed the same. And if any such Clerk, 
 Officer or Deputy shall utter a false certificate of any Indictment and 
 conviction for a previous felony, or if any person other than such 
 Clerk, Officer or Deputy, shall sign any such certificate as such Clerk, 
 Officer or Deputy, or shall utter any such certificate with a false or 
 counterfeit signature thereto, every such offender shall be guilty of 
 felony, and being lawfully convicted thereof, shall be liable at the dis- 
 cretion of the Court, to be transported beyond the seas for the Term 
 of seven years, or to be imprisoned for any Term not exceeding two 
 years, and if a male, to be once, twice or thrice publicly or privately 
 whipped (if the Court shall so think fit) in addition to such imprison- 
 ment. 
 
 oflertaTn'"" XXV. And be it, &c., that wherever this or any other Act of the 
 words. Legislature of these Islands relating to any offence whether punish- 
 able upon indictment or summary conviction, in describing or refer- 
 ring to the offence or the subject matter on or with respect to which, 
 it shall be committed, or the offender or the party affected or intended 
 to be affected by the offence, hath used or shall use words importing 
 the singular number, or the masculine gender only, yet the Act shall 
 be understood to include several matters as well as one matter, and 
 several persons as well as one person, and females as well as males, 
 and bodies Corporate as well as Individuals, unless it be otherwise 
 specially provided, or there be something in the subject or context 
 repugnant to such constriiction ; and wherever any forfeiture or pen- 
 alty is payable to a party aggrieved, it shall be payable to a Body 
 
1836.] BERMUDA ACTS. 257 
 
 Corporate in every case wtere sucli Body shall be the party ag- 
 grieved. 
 
 XXVI. And whereas it is expedient that Quakers and Moravians Evidence of 
 should be allowed to give evidence upon their solemn affirmation in Moiwiam"'^ 
 all cases Criminal as well as Civil, and that in prosecutions for '° '^<' '■'2'^"- 
 torgery, the party mterested should be rendered a competent Witness : ation. 
 
 Be it, (fee, that every Quaker or Moravian who shall be required to 
 give evidence in any case whatsoever criminal or civil, shall instead 
 of taking an oath in the usual form, be permitted to make his or her 
 solemn Affirmation or Declaration in the words following: that is to 
 say — " I {A. B.) do solemnly, sincerely and truly declare and affirm" 
 — which said affirmation or declaration shall be of the same force and 
 effect in all Courts of Justice and other places where by Law an Oath 
 is required, as if such Quaker or Moravian had taken an oath in the 
 usual form ; and if any person making such affirmation or declaration 
 shall be convicted of having wilfully, falsely and corruptly affirmed 
 or declared any matter or thing which if the saine had been sworn in 
 the usual form would have amounted to wilful and corrupt perjury, 
 every such offender shall be subject and liable to the same pains, 
 penalties and forfeitures to which persons convicted of wilful and 
 corrupt perjury are or shall be subject. 
 
 XXVII. And be it, &c., that on any prosecution by Indictment or J^"v^^''\i,g 
 Information either at Common Law or by virtue of any Act of Par- forgVy of 
 liament in force in these Islands, or Act of the Legislature of these SlTto be"' 
 Islands against anv Person for forging anv Deed, Writing, Instrument deemed in- 
 
 o J oOt/ «." competent 
 
 or other matter whatsoever ; or for uttering or disposing of any Deed, as interested 
 Writing, Instrument or other matter whatsoever knowing the same *'"'''^'" 
 to be forged ; or for being accessory before or after the fact, to any 
 such offence, if the same be a Felony ; or for aiding, abetting or 
 counselling the commission of any such offence, if the same be a mis- 
 demeanour ; no person shall be deemed an incompetent witness in 
 support of any such prosecution by reason of any interest which such 
 person may have, or be supposed to have in respect of such Deed, 
 Writing, Instrument or other matter. 
 
 XXVIII. And whereas it is expedient to prevent all doubts re- (,)„;, ,.jj,^tg 
 specting the civil rights of persons convicted of Felonies not Capital, "^f"' ";"!,„ 
 who have undergone the punishment to which they were adjudged,- — convictpd 
 Be it, &c., that where any offender hath been or shall be convicted of gl,'';'g''tilei',' 
 any Felony not punishable with death, and hath endured, or shall pun'-i""'""' 
 endure the punishment to which such offender hath been or shall be 
 adjudged for the same, the punishment so endured, hath, and shall 
 
 have the like effects and consequences as a Pardon under the Great 
 Seal as to the Felony whereof the offender was so convicted : Provided p,.ovisu 
 always, that nothing herein contained, nor the enduring of such pun- 
 ishment shall prevent or mitigate any punishment to which the offender 
 might otherwise be lawfully sentenced on a subsequent conviction for 
 any other felony. 
 
 XXIX. And whereas there are certain misdemeanours which render peisouscon- 
 the parties convicted thereof incompetent Witnesses, and it is expe- pjfnfs^^S ^^ 
 dient to restore the competency of such parties after they have under- any misde- 
 
 38 
 
258 BERMUDA ACTS. [1836. 
 
 mesnor (ex- gone their punishment — ^Be it, &c., that where any offender hath been 
 ^'!)Mt'i2' or shall he convicted of any such misdemeanour, (except Peijury, or 
 competent guhomation of Peijury,) and hath endured, or shall endure the pun- 
 ishment to which such offender hath been or shall be adjudged for 
 the same, such offender shall not after the punishments endured be 
 deemed to be by reason of such misdemeanour, an incompetent "Wit- 
 ness, in any Court or proceeding civil or criminal. 
 
 statutes and XXX. And be it, &c., that from and after the commencement of 
 Acts repeal- ^^.^ ^^^^ ^^^ ^^^ ^^^^ ^^^ parts of Acts of Parliament repealed in 
 
 England by a certain Act of Parliament passed in the seventh year of 
 the reign of his late Majesty King' George the Fourth, intituled " An 
 Act for improving the administration of criminal Justice in England," 
 or by one other Act of Parliament passed in the seventh and eighth 
 years of the same Eeign, intituled, " An Act for repealing various 
 Statutes in England relative to the benefit of Clergy, and to Larceny 
 and other offences connected therewith, and to malicious injuries to 
 property, and to remedies against the Hundred," so far as the said 
 Acts and parts of Acts of Parliament repealed in England, are now 
 in force in these' Islands, and also an Act, of the Legislature of these 
 Islands, passed in the years one thousand seven hundred and for- 
 1744-1 T4o, ty-four, and one thousand seven hundred and forty-five, intituled, 
 '• An Act to prevent white persons buying or receiving stolen 
 goods of any Negro, Mulatto, Mustee or Indian being either a Slave 
 or free person ;" one other Act of the Legislature of these Islands 
 iTTo. passed in the year one thousand seven hundred and seventy, intituled 
 " An Act for punishing Accessories to felonies and buyers and receiv- 
 ers of stolen goods ;" and one other Act of the Legislature of these 
 1TT5. Islands, passed in the year one thousand seven hundred and seventy- 
 five, for renewing and making indefinite the last mentioned Act, shall 
 be, and the same are hereby repealed, except so far as any of the said 
 Acts repeal the whole or any part of any other Act, and except as to 
 offences and other matters committed or done before the first day of 
 August, in the present year one thousand eight hundred and thirty- 
 six, which shall be dealt with and punished, as if this Act had not 
 been passed. 
 
 ■Tjjj^jtanj XXXI. Provided also, and be it, &c., that nothing contained in 
 No. IS of this Act or in the Act of the LegislaturCj^of these Islands passed in 
 ^nd^uT the year one thousand eight hundred and thirty-four, intituled, " An 
 c^c"?^"" ^^* ^^^ consolidating and amending the Laws relative to Larceny, 
 and other offences connected therewith, and malicious injuries to 
 Property," ^hall extend or be construed to extend to any person or 
 persons under sentence of transportation to these Islands, and em- 
 ployed at any of His Majesty's Public Works in these Islands, as 
 Convicts. 
 
 Duration XXXH. And be it, &c., that this Act shall commence and take 
 
 effect (except as herein before excepted,) on the first day of August 
 in this present Tear one thousand eight hundred and thirty-six, and 
 shall be and continue in force from thence for two years, and until 
 the end of the next session of the Legislature after the expiration of 
 that time. 
 
1836.] BERMUDA ACTS. 259 
 
 [Made perpetual, together \rith the amending Acts of 1838, 184S, and 1862, by Act of 
 1857, No. 5. 
 
 Note A. — By Act of 1838, No. 7, Imprisonment is substituted for Transportation. 
 
 Note B. — By Act of 1852, No. 9, sections 24, 25, certain defects are not to render any 
 Indictment insufficient, and amendments may be made. 
 
 See, also. Acts of 1838, No. 1; of 1846, No. 9; and of 1852, No. 9.] 
 
 1836. No. 12. 
 
 AN ACT to establish certain liegulations for the Performance of 
 
 Quarantine. 
 
 [27 July, 1836.] 
 
 WHEREAS it is expedient to Establish Regulations for the Per- Preamble, 
 formanee of Quarantine : 
 
 I. We, therefore, &c., and be it enacted, &c., t^iat the following 
 Regulations be in force for and during the continuance of this Act : 
 
 Regulations for Masters or Commanders of Vessels. 
 
 1st. — That it shall be the duty of every Master or Person having Duties ot 
 charge of any Vessel arriving at these Islands, in the event of such ve?Be7s\o' 
 "Vessel having come from, or touched at, any place at which any infec- o{|fJj,^B|" 
 tious disease prevailed, or of such Vessel having been visited by any &<=. 
 person from any Vessel on board which there was, or had- been during 
 her then Voyage to the knowledge of such Master or other person in 
 charge as aforesaid, any Person infected with any such disease, or of 
 such last mentioned Vessel having been visited by any person from 
 the Vessel so arriving ; or of there being at the time of the arrival of 
 such Vessel, or having been during her voyage, any person sick of any 
 infectious disease, or who had died on board thereof, to hoist a White 
 Flag as a signal of sickness at the mast head of his Vessel upon being 
 shewn by the Pilot taking charge of his Vessel a Printed Copy of the 
 Regulations for Masters or Commanders of Vessels by this Act author- 
 ized, or being required so to do by such Pilot, and there to continue 
 such Flag until a Health'Officer shall have visited her, until, when, 
 and until pennission in writing for that purpose given by such Health 
 Officer, it shall not be lawful for such Vessel if bound to Ireland f°e"be''"nd 
 Island, to proceed beyond Grassy Bay ; or if bound to the Port of certain um- 
 Hamilton, beyond Granaway's Deep ; but if such Vessel shall be bound ' 
 to the Port of Saint George, or bound elsewhere, be off Saint George's 
 and be incapable of proceeding to the Port or Place of her destination, 
 such Vessel shall remain outside of such Port if weather will permit 
 until visited by a Health Officer, and by him allowed by a written 
 permit to proceed further, or if weather will not permit her to remain 
 outside, may anchor at the anchorage at Fort Cunningham, and not 
 further West than Hinson's Whale-House until so visited and permit- 
 ted : and that if such Health Officer shall find that there has been in 
 the course of her voyage, or is at the time of his visiting her, any case 
 of Cholera, Small Pox, or any other infectious disease on board such 
 
260 
 
 BERMUDA ACTS, 
 
 [1836. 
 
 To go to cer- 
 tain Anchor- 
 ages. 
 
 Sick persons 
 removable 
 under ad- 
 vice of 
 Health Offi- 
 cer and 
 Board of 
 Health. 
 
 Quarantine 
 Grounds. 
 
 Yessel, or she be otherwise liable to perform Quarantine, the Com- 
 mander or person in charge of such Vessel shall order that such Yessel 
 shall proceed with all practicable speed to Saint David's Sound, or if 
 she cannot get there, to Granaway's Deep to perform Quarantine, or 
 if she cannot get to either place by reason of the State of the weather, 
 may allow her to remain at or bring her to anchor outside of the 
 Port, or at Fort Cunningham as aforesaid according to the exigency 
 of the case, until she shall be able to proceed to one or other of the 
 said places as above mentioned, and in case of her not being able to 
 proceed immediately to Saint David's Sound or Granaway's Deep, that 
 such persons as may be sick of either of such diseases on board of 
 such Vessel shall be removed under the advice of the Health Officer, 
 and sanction of the Board of Health of the Town of Saint George, to 
 such accommodation, as may have been provided by a Board of Health 
 as hereinafter mentioned; And provided fwrt her, that if such Vessel 
 so having or having had Cholera, Small Pox or any other infectious 
 disease on board, be bound to Murray's Anchorage or Grassy Bay, 
 and be unable to proceed thither immediately, she shall with all prac- 
 ticable despatch proceed to one of those places to perform Quarantine ; 
 and that the Quarantine Ground for the Port of Hamilton shall be 
 Granaway's Deep, of Ireland Island, Grassy Bay, of Vessels not bound 
 beyond Murray's Anchorage, Murray's Anchorage, of Saint George's, 
 Saint David's Sound : And that the Quarantine Signal shall be a White 
 Flag only except in cases of Cholera or Small Pox when it shall be 
 a White Flag and some other Flag over it. 
 
 Governor 2nd. — That it shall be lawful for the Governor or Commander-in- 
 
 Se^Heaith"' Chief, for the time being, when he may have reason to suspect or be- 
 
 vMt andin- ^^^'^^ ^hat there has been any omission on the part of any Master or 
 
 quire. persou havlug charge of any Vessel, to hoist a White Flag according 
 
 to the prescriptions of this Act, to Authorize a Health Officer to visit 
 
 such Vessel, and to interrogate any person on board, or who had 
 
 arrived in such Vessel, touching the health of the Crew, or other 
 
 matter relating to the object of this Act, and if it shall appear that 
 
 such Master or other person in charge has been guilty of such omission, 
 
 that such Vessel shall be liable to be sent to perform Quarantine, and 
 
 the said Master, or other person in charge, shall be liable to a penalty 
 
 not exceeding one hundred pounds. 
 
 3d. — That it shall be the duty of the Commander or other person 
 having charge of any Vessel required by this Act to have a "White, or 
 White and other flag flying, to prevent while either of such signals is 
 flying, or while his Vessel is performing Quarantine, all persons 
 whatever, except the Pilot of such Vessel who may be in necessary 
 attendance on his Vessel in the discharge of his duty as Pilot and the 
 visiting Health Officer, from coming on board of his Vessel without 
 the permission in wi'iting of the Health Officer, and to prevent such 
 Pilot and all other persons except such Health Officer, from leaving 
 his Vessel without such permission. 
 
 4th. — That it shall be the duty of any Commander or other person 
 
 Vessel may 
 be sent to 
 Quarantine. 
 
 Penalty. 
 
 Flags to be 
 hoisted 
 while in 
 Quarantine 
 and persons 
 prevented 
 coming on 
 board or 
 leaving the 
 Vessel. 
 
 Master to 
 
 answer qucs- having chargc of any Vessel arriviag at these Islands, and of all other 
 
 tions put by 
 
 cer and de- 
 liver certain 
 
 Health offl- persons on board if required to answer on oath any question that may 
 be put by a Health Officer visiting such Vessel under the authority 
 
1836.] BERMUDAACTS. 261 
 
 of this Act touching the health of the Grew, or other matter relating papers ana 
 to the object of this Act, and in case of swearing falsely, that the per- ^^ ^°°^ 
 son so swearing shall be liable to the pains and penalties of perjury, 
 or in case of refusing to answer any such question put by a Health 
 Ofl&cer, in pursuance of this Act, shall be liable to be imprisoned for 
 any term not exceeding three months, by any two Justices of the 
 Peace within these Islands taking cognizance of the offence, and to 
 be sent to perform Quarantine together with the Vessel in which he or 
 she may have arrived, and that every such Commander or other per- 
 son shall deliver on demand to the Health Officer visiting his Vessel, 
 and which Health Officer is hereby required to make such demand, 
 his Bill of Health and Clearance from his last Port, together with his 
 Log Book, under pain of Fifty Pounds. 
 
 5th. — That it shall be the duty of every Commander or any per- |"*''*,°t'„''}fj 
 son having charge of any such Vessel as aforesaid to keep the Quaran- kepTflying- 
 tine Signal prescribed by this Act, flying in the manner by this Act 
 directed during the continuance of his Quarantine, and until permitted 
 to haul it down by a written order from the Health Officer, under the 
 penalty of Five Pounds for every hour the same shall be discontinued, penalty. 
 and also of being indicted for a misdemeanour for any time the same 
 shall be discontinued, during the term of such Quarantine. 
 
 6th. — That it shall be the duty of the Commander or other person Masters to 
 having charge of any Vessel as aforesaid having received a Printed Sfationl"*" 
 copy of the Regulations for Masters or Commanders of Vessels by this 
 Act authorized, from the Pilot taking charge of his Vessel to write 
 his name on the back thereof, and return the same to such Pilot pre- 
 viously to his quitting the Vessel under the penalty of Five Pounds 
 in case of offending herein. 
 
 7th. — That any Commander or other person in charge of any Penalty on 
 Vessel on her arrival at these Islands, offending against any of the "'^^"^ ""f™' 
 provisions of this Act, shall be liable to a penalty of Fifty pounds in 
 every case not herein otherwise provided for. 
 
 Regulations for Pilots. 
 
 1st. — That it shall be the duty of every Pilot within these Islands puots to de- 
 to furnish himself with a printed copy of the Eegulations for Masters rI^i^"''* 
 or Commanders of Vessels, and also of Eegulations for Pilots by this «»^s »» Mas- 
 Act authorized, from the Office of the Colonial or Public Secretary of 
 these Islands, (who is hereby required to supply such copy gratis,) 
 and deliver the same in the presence of the Mate or the person second 
 in command of such Vessel, or of some other person, to the person 
 having the command of any Vessel bound to or calling off these 
 Islands, of which he may take charge, immediately on his taking 
 charge of her. 
 
 2nd. — That any Pilot who shall bring or carry any Vessel to any p^ij^,^^^ 
 Port or place contrary to this Act, or who shall go on board of any 
 Vessel contemplated by this Act, except to act as Pilot, or shall in 
 any other respect offend against the regulations of this Act, shall be 
 liable to be deprived of his Branch for such length of time not exceed- 
 
262 
 
 BERMUDA ACTS. 
 
 [1836. 
 
 ing two years, or to a penalty not exceeding one hundred pounds, nor 
 less than ten pounds, or to imprisonment not exceeding twelve months, 
 as the Mayor of either of the Towns of Hamilton or Saint George and 
 any two Justices of the Peace of and for these Islands shall think 
 proper upon proof of such offence before such Mayor and Two Justices 
 taking cognizance thereof. 
 
 Health Offi- 
 cers to visit 
 Vessels hav- 
 ing Signal 
 flying, 
 and inter- 
 rogate Mas- 
 ters, &c. 
 
 Regulations for Health OfBicers. 
 
 1st. — That a Health Officer of the Port or place shall visit every 
 Vessel having a signal of sickness flying as soon as possible after such 
 Yessel's arriving at these Islands, and for the greater safety in board- 
 ing such Vessel may require that any such Vessel as shall be bound 
 to the Port of which he is Health Officer, shall lie to, or come to 
 anchor if he shall think proper, and the same can be done conveniently 
 and safely ; and upon visiting any Vessel by virtue of this Act, shall 
 demand of the Commander and Mate of such Vessel, if other than a 
 Ship of War, and of the Commander and Surgeon of such Vessel if a 
 Ship of War, and may demand of any other person on board, answers 
 to the following questions, or to such of them as may be appropriate 
 to them respectively. 
 
 1st. — What is the name of this Vessel, and of the Commander or 
 Master of her ? 
 
 2d. — Are you the Commander or Master (or Mate or Surgeon) as 
 the case may be ? 
 
 3d. — From whence does she come ? 
 
 ith. — To what place is she bound ? 
 
 5th. — At what place or places have you touched since the com- 
 mencement of your voyage ? 
 
 6th. — At what Port or place did you commence your voyage ? — 
 When did you leave the Port whence you last sailed ? 
 
 7th. — Had you any intercourse with any Vessel in the course of 
 your voyage here ? 
 
 8th. — K yea, what was the exact nature of that intercourse ? 
 
 9th.^ — Whence did such Vessel come, and what was the date of 
 each instance of such intercourse ? 
 
 10th. — Did the Cholera, or Small Pox, or any other dangerous 
 disease, prevail, in any degree, as you know or have heard at any 
 place from which you have come or touched, or on board of any Ves- 
 sel with which you have had intercourse in the course of your voy- 
 age? 
 
 11th. — Is there any person on board suffering under any pestilen- 
 tial disease ? If yea, what disease is it, as you know or believe ? Has 
 any person been sick or died on board since the commencement of 
 your voyage ? If yea, of what disease as you know, or have any rea- 
 son to know or believe, and what number and when? And if any 
 have died or been ill, have their bedding or clothes been destroyed, 
 or undergone any and what purification ? 
 
1836.] BERMUDA ACTS. 263 
 
 12th. — Did you hear any report, or are you aware of any suspi- 
 cion having existed at the time of your sailing from any Port from 
 which you have come, that any case of Cholera or Small Pox, or 
 other dangerous malady had occurred at the place from whence you 
 sailed or at which you touched, or on board of any Vessel at the time 
 of your having intercourse with her ? If yea, declare what was the 
 disease. 
 
 And such Commander and Mate of such Vessel, other than a Ves- ^^^'f^^^jj" 
 sel of "War, and the Commander and Surgeon of a Man of War and Answers. 
 other persons as aforesaid, shall upon such demand by such Health 
 Officer, give true answers to such questions or to any other that such 
 Health Officer shall put touching the object of this Act, upon oath or 
 affirmation (in case of a Quaker) and which oath or affirmation shall 
 be administered by the Health Officer, which answers, or such of 
 them as the Health Officer shall see fit, shall be reduced to writing 
 and signed by the person giving them ; and if it shall appear by the Health om- 
 answers given to any such questions, or from any other circumstance, vessel^ '"^ 
 that such Vessel is liable to Quarantine, such Health Officer shall «»='™°«°«- 
 order that such Vessel shall perform Quarantine at one of the places 
 of Quarantine aforesaid, as hereinbefore prescribed for any time 
 not exceeding eight days. Always Provided, that in case of any such proviso. 
 Vessel being detained as aforesaid at any intermediate place of An- 
 chorage, she shall, while at such place, be deemed to be under Quar- 
 antine by virtue of this Act. 
 
 That it shall be lawful for any Health Officer (when he may judge Bedding, &c. 
 it necessary, in order to prevent infection) to cause any Bedding or ™j-y ^e de-^ 
 Clothing to be destroyed : and in all eases in which any Vessel shall veas^ei 
 be found to be in a foul, dirty, or imwholesome state, to order her to "'^^°^^''- 
 Quarantine at her appropriate Port or place of Quarantine, until she 
 shall have been cleansed in such manner as may appear to such Health 
 Officer sufficient, and as may be practicable without taking out the 
 cargo of such Vessel. 
 
 That Health Officers sh^U in all cases of Vessels performing Quar- Heaitii om- 
 antine, report in writing, to the Governor, or Commander-in-Chief vess'SJ^nd 
 the circumstances rendering such Quarantine expedient ; and shall ^^l°ll^°^ 
 visit all Vessels under Quarantine, as often as may be requisite, and 
 report to the Governor or Commander-in-chief the state of the sick : 
 Provided that such Health Officer shall visit Vessels under Quaran- 
 tine at least twice, that is to say, once at the commencement of a 
 Quarantine and again at its expiration. And provided further, that 
 if a Quarantine be prolonged the Health Officer shall visit such Ves- 
 sel at the expiration of every prolonged Quarantine, and report as 
 herein before directed, to the Governor or Commander-in-Chief. 
 
 That if there be any sick person on board of any Vessel under sicit pe^ons 
 Quarantine, who in the opinion of the Health Officer, would be bene- moved from 
 fited by being removed from such Vessel, such person may be per- '*'''''''^- 
 mitted by such Health Officer to be removed to such House or place 
 as may be provided as hereinafter directed : Provided however, that pi<>™o. 
 
 persons on board of any of His Majesty's Ships or Vessels of War or gMp" ■ 
 Vessels in Government Service, may be removed, to such Hospital or 
 
 M. 
 
264 
 
 BERMUDA ACTS. 
 
 [1836. 
 
 persons to 
 leave Ves- 
 sels and 
 places In 
 Quarantine. 
 
 Perishable 
 Articles how 
 landed. 
 
 Fees of 
 Health Offl- 
 
 place as may be provided for such purpose by His Majesty's Govem- 
 SS^''°' ™^°* ®° ^°y of the Islands belonging to His "Majesty ; <md Provided 
 a owing y^^^ ^^^ j£ ^ Health Officer shall upon due examination give such 
 person so removed or any other person on board of any Vessel per- 
 formiog Quarantine a written certificate that he or she is not labour- 
 ing under any malignant or infectious disease, and that in his opinion 
 no danger of infection may be apprehended from such person, such 
 person may be allowed to proceed to any other part of these Islands. 
 
 That if there be on board of any Vessel performing Quarantine 
 any Article of a perishable nature, and not likely in the opinion of a 
 Health Officer to produce disease, it shall be lawful to deposit such 
 Article at such place as the Governor or Commander-in-chief shall 
 permit. Provided that such place be not used for such purpose with- 
 out the consent of the Proprietor thereof. 
 
 That Health Officers shall be entitled to receive out of the Public 
 Treasury for every Vessel visited by them by virtue of this Act the 
 sum of forty shillings currency ; AJ/ways provided, that no more than 
 one Health Officer be entitled to a fee for any Vessel, except an occa- 
 sion should arise for her being visited at different ports or places by 
 different Health Officers as herein after mentioned. 
 
 That it shall be the duty of the Health Officer for the Port of 
 Saint George to visit every vessel having a Signal of Sickness flying 
 and bound into that Harbour, unless prevented by extreme stress of 
 weather, previously to her passing Fort Cunningham, and also any 
 such vessel which may be off St. George's, and bound to any other 
 port or place in these Islands, but be unable to proceed thither, out- 
 side of the port of St. George, as soon as possible after its appearing 
 that such vessel is unable to proceed ; and that such Health Officer 
 shall be entitled to a fee for visiting such Vessel, if it shall appear 
 that such Vessel was bound into the port or place for which he was 
 appointed Health Officer ; or if such Vessel though bound to some 
 other port or place, be unable to proceed immediately to the Quaran- 
 tine Anchorage of such other port or place ; and that such Vessel shall 
 in such case last mentioned, be also liable to the fee of the Health 
 Officer of the Port or place to which she was destined, upon her pro- 
 ceeding to such Port or place, or the Quarantine Anchorage of such 
 Port or place : And that it shall be the duty of the Health Officer for 
 the Western parts of the Colony to visit all such Vessels bound into 
 Hamilton or its vicinity, as soon as possible, after entering the Great 
 Sound, and previously to entering either the Head of the Lane or 
 Granaway's Deep Passages. 
 
 Health Offi- 
 cer of St. 
 George's to 
 visit Vessels 
 at certain 
 places. 
 
 Hla fees and 
 fees of other 
 Health Offi- 
 cers. 
 (See Section 
 
 xin.) 
 
 Health Offi- 
 cers for 
 Western 
 parts to visit 
 Vessels at 
 certain 
 places. 
 
 Corpora- 
 tions of the 
 Towns, to 
 
 make Rules 
 for cleans- 
 ing, Ac. 
 
 Corporations and Boards of Health. 
 
 That the Corporations of the Towns of Hamilton and Saint George 
 respectively shall be, and they are hereby authorized and required, to 
 make such Kules and Regulations as to them may appear necessary, 
 for the cleansing and purifying the wharves, landings, streets, lanes, 
 alleys, huts and all close and confined places within the said towns 
 respectively, and for destroying or removing from such Towns all and 
 every article, animal, and thing, calculated to render the air noisome 
 
1836.] BEEMUDAACTS. 265 
 
 or offensive ; and also for the regular pumping, ventilating by wind 
 sails, or otherwise cleansing of all vessels or craft in the harbours of 
 Hamilton and Saint George respectively: and for airing and cleansing 
 every article of cargo of any vessel, before the same be landed on 
 any wharf or quay in either of the said Towns, or be stored therein ; 
 and that the said Corporations respectively, shall be, and are hereby Declared to 
 declared to be, Boards of Health for the said Towns and Ports re- Health 
 spectively, and their vicinities, for the purposes of this Act, taking to 
 their aid as such Boards of Health, and availing themselves of the 
 professional advice and assistance whenever practicable, of such Med- 
 ical Men as may be able and willing to render such advice and assist- 
 ance : Always provided, that such Kules and Regulations as may be Proviso. 
 made by such Corporations be not repugnant to any of the Acts of 
 the Legislature, and do not impose any fines or imprisonment which 
 shall be excessive. 
 
 That the vestries of the several Parishes in these Islands be, and J^^^'^^^^',". 
 they are hereby authorized and required in like manner and under the &c. 
 like restrictions to make such Rules and Regulations for the cleansing 
 and purifying all huts and close confined places within their respect- 
 ive Parishes, or such parts thereof as may not be included within any 
 township in either of them, as they may see fit, and for destroying or 
 removing every thing noisome or offensive in such Parishes or parts 
 of Parishes. 
 
 That it shall and may be lawful for the Board of Health of the Bosuds of 
 Port or place where or nearest to which any vessel may arrive, to S^'eVeV 
 cause any Vessel subject to Quarantine which shall be brought to any broVghuo"^ 
 anchorage, in violation of this Act, and also any other Yessel which Anchorage, 
 in the judgment of a Health Oflicer and such Board of Health may ed.'to" e^re- 
 be infectious, or shall have on board Articles suspected of containing ™tMesde* 
 infectious matter, whether originally imported or subsequently gene- stroyed. 
 rated on board, to be removed in the first case to one of the places of 
 Quarantine by this Act pointed out, there to perform Quarantine 
 according to the prescriptions of this Act, and in the latter case 
 either to one of the said places, or to some other convenient detached 
 situation, until the articles so suspected of containing infectious mat- 
 ter be unladen, and such Vessel be cleansed and purified as such 
 Board of Health and Health Officer shall direct ; and if such articles 
 shall be found to be in a putresent state, or in so bad a condition as in 
 the opinion of such Board of Health and Health Officer to be danger- 
 ous to the Public Health, that it shall be lawful for such Board of 
 Health and Health Officer, to cause the same to be destroyed, purified 
 or otherwise disposed of, as may in the particular case be thought 
 necessary. 
 
 That it shall be the duty of the Boards of Health of the Towns of Boards of 
 Hamilton and Saint George respectively, to provide by hire at the ^^^J.^^*'"''' 
 Public expense from time to time, for and during the continuance of to hire ac- 
 this Act upon any emergency, airy and suitable accommodations in tions^ana 
 some detached and if practicable, and not otherwise inconvenient in- Sl'^^g^i^J"'^ 
 sular situation in the Vicinities of the said Towns or Ports for the use 
 of such sick persons as may be liable to Quarantine, and who may be 
 desirous of removing from on Shipboard or who may be removed by 
 34 
 
266 
 
 BERMUDA ACTS 
 
 [1836. 
 
 Expense 
 how borne. 
 
 vii-tue of this Act, and to procure Nurses and other necessary attend- 
 ants for such persons as may be desirous of hiring or employing the 
 same, or who may stand in need of and be unable to hire the same, 
 it being imderstood that the expenses of such Nurses or other attend- 
 ants shall be borne by the persons employing the same if they have 
 the means of paying such expense, if not, by the Public ; or in ease 
 of Sailors shall be accounted for in their behalf by the Master, Owner 
 or Consignee of the Vessel in which thej" may arrive. 
 
 Vestries to 
 procare ac- 
 commoda- 
 tioDS and 
 nurses, &c. 
 
 That it shall be la^-ful should any dangerous disease unhappily 
 appear within these Islands for the Vestries of the several Parishes to 
 procure at the expense of their respective Parishes accommodations in 
 at"parteh ei- dctachcd Situations, if possible, for the use of such persons as may be 
 willing to use them, and to hire Nurses and other necessary attendants, 
 and to furnish Medicines and other necessaries for the use of such per- 
 f-ous, and to Assess for the rent and payment of the same, as for other 
 Parochial expenses. 
 
 pense. 
 
 Penalty on 
 persons vis- 
 iting Vessels 
 in Qaaran- 
 tine or Hos- 
 pitals, &c., or 
 
 ttie offing. 
 
 Proviso, as 
 to Owners, 
 Agents and 
 Pilots. 
 
 (As to Let- 
 ters See Act 
 of 1855, 
 No. 7.) 
 
 Other Persons. 
 
 That any person except the Pilot or the Health Officer who shall 
 go on board or come from on board of any Vessel having a signal of 
 sickness flying in j)ui'suance of this Act, or performing Quarantine, 
 without license first obtained for that purpose from the Health Officer ; 
 or any person who shall go to or come from any house or place of ac- 
 commodation provided by either of the Boards of Health or Vestries 
 l)y virtue of this Act, and used for the sick in consequence, or go to 
 or come from any Hospital or place which has been or may be pro- 
 vided by His Majesty's Government on any of the Islands belonging 
 to His Majesty, (other than Ireland Island,) for the reception of sick 
 persons and then used for the sick, without permission from the Board 
 of Health or Health Officer of or nearest to the place where such ac- 
 commodations are provided, until Proclamation made by the Governor 
 or Commander-in-Chief for the time being, with the advice of His 
 Majesty's Coimcil, declaring that further intercourse with such houses 
 or places of accommodation is no longer prohibited, shall'be liable to 
 be proceeded against as for a misdemeanor, and to be punished by 
 fine, not exceeding One hundred pounds, and imprisonment not ex- 
 ceeding six months ; and that if any person shall go on board or come 
 from on board any Vessel which may call ofl^ these Islands, on her way 
 to some other place, such person, together with the boat, vessel or 
 craft in which he may have gone on board, uv come from on board, 
 and all and e\'ery package and parcel which shall have been brought 
 oflT such Vessel, shall be liable to be sent to Quarantine, for such 
 lengtli of time as a Health Officer shall direct ; Always profidtjd, that 
 this shall not extend to the prohibiting of any Owner or Agent, or 
 Pilot, approaching any such Vessel so calling off for the purpose of 
 receiving intelligence or giving orders respecting such vessel, such 
 Owner, Agent, or Pilot taking care not to go alongside of such Vessel, 
 but to keep to windward, if possilile, and not to approach nearer to 
 such Vessel than may be absolutely necessarv to receive such intelli- 
 gence or give such Orders, and that in case such Vessel be so approached 
 by an Owner or Agent, and his receiving any letter from on board 
 
1836.] BERMUDA ACTS. 267 
 
 respecting tlie concerns of such. Vessel or her cargo, such letter shall 
 be fumigated or dipped into vinegar previously to the delivery thereof 
 from on board said vessel ; and that all other letters or papers that 
 shall be delivered to such Owner or Agent, and all letters and papers 
 which shall be delivered to any such Pilot or any other person from 
 on board such Vessel, shall also be dipped into vinegar or fumigated 
 previously to such delivery, and shall also be enclosed in a tin case, if 
 to be had, if not in some other case, to be securely sealed or nailed up, 
 and be by such Owner, Agent or Pilot, carried as soon as possible 
 after landing to the Health Officer of the port nearest to which he may 
 land, and shall by such Plealth Officer be further fumigated or purified 
 as he may think proper, and then be by him forwarded to the Post 
 Master of the Port for delivery. 
 
 That all letters and papers to be sent from any Vessel under Letters and 
 Quarantine shall be delivered by the Master or other person in forwarded"'' 
 charge of such Vessel to the Health Officer visiting her, and by him fJI'Si^rrr'^ 
 fumigated or purified in such manner as he may think sufficient, and tine, 
 then forwarded by.him to the Post Office with all convenient despatch, 
 under the penalty (in case of any letter being otherwise delivered 
 from on board of such Vessel) of twenty pounds, and that the Health 
 Officer shall and may require any Log Book or other paper inspected 
 by him by virtue of this Act, to be also in like manner purified before 
 the same be by him inspected. And that no Pilot shall leave any f^J^'W"^^^ 
 Vessel liable to or performing Quarantine, until he shall have under- anddetach- 
 gone such fumigation, or used such precautions as the visiting Health to'nj^ with 
 Officer shall have prescribed, and as may have been practicable : Pro- ^''^''- 
 'oided however, that if it be not practicable before leaving such Vessel 
 to adopt such precautions as in the judgment of a Health Officer shall 
 be deemed prudent, such Pilot shall be allowed by the written per- 
 mission of such Health Officer to go on shore to some place most con- 
 venient and detached for using such precautions, and shall there use 
 them, and that such Health Officer shall adopt similar precautions 
 respecting himself. That the Pilot of any Vessel which may be liable 
 to Quarantine by reason of her having or having had Cholera, Small 
 Pox, or any other dangerous disease on board, shall be liable to be 
 sent to some place of accommodation apart from the sick to be provided 
 by the Board of Health of the Port nearest to which she may arrive, 
 which such Corporation is hereby authorized and required to provide, 
 there to remain for such length of time as a Health Officer shall think 
 sufficient, and during such time shall be considered as under Quaran- 
 tine in the same way as any Vessel by virtue of this Act, and to the 
 intent that there may be the less occasion for such Quarantine that all 
 Pilots shall avoid as much as possible mixing with the Crew or other 
 persons on board, or going in the Cabin, forecastle, or hold of any 
 Vessel of which they may take charge, especially of Vessels having, 
 or having had, any sickness on board, or coming from Ports or places 
 where any sickness prevailed. 
 
 That if any person except as is allowed by this Act, from any Ves- 
 sel within the meaning of this Act, or from any place provided by any J'e*p°ariy' 
 Board of Health or Vestry by virtue of this Act, or from any Hospital ^°j°|//°;!' 
 or place provided as aforesaid by His Majesty's Government, on any Hospitals 
 of the Islands belonging to His Majesty, (other than Ireland Island,) SLback, 
 
268 
 
 BERMUDA ACTS. 
 
 [1836. 
 
 and detain- 
 ed there. ' 
 
 Penalty on 
 not remov- 
 ing, destroy- 
 ing, &c., of 
 certain arti- 
 cles. 
 
 for tlie reception of sick persons, and then used for the sick, shall go 
 to any House, Yessel or place in violation of this Act, such person 
 shall be ordered to return to such Vessel, place, house, or Hospital, 
 from "which he first came in violation of this Act, by any Mayor or 
 Justice of tlie Peace within these Islands, which Mayor or Justice of 
 the Peace may issue his "Warrant to any Constable to summon and 
 take with him a guard of men if necessary for the purpose : And the 
 offender shall be detained on board such Vessel during the time of her 
 Quarantine, or at such place, House or Hospital, during such time as 
 the Health Ofiicer shall think fit, besides being liable to such pains 
 and penalties as are by this Act in such case provided. 
 
 That it shall be the duty of any person owning or having the pos- 
 session or control of any article or thing liable to be removed, de- 
 stroyed, purified, or otherwise disposed of by virtue of this Act, or of 
 any person introducing or occasioning any nuisance within the mean- 
 ing of this Act, to cause the same to be removed, destroyed, purified, 
 or otherwise disposed of in conformity to this Act ; and if any person 
 shall fail herein, such person shall pay treble the expense which shall 
 attend such removal or destruction, purification or disposition thereof: 
 tlie same to be recovered as Debts not exceeding five pounds. 
 
 Ports so^ro- II. And bc it cuacted, that any Port Or placB shall be Considered 
 deemed in- an infectcd port or place, if declared so to be by the Proclamation of 
 fectedPia- ^^^ (iovemor or Commander-in-Chief for the time being. 
 
 Governor to HI- -A^^d bc it euactcd, that such persons as the Governor or 
 Sth offl- Commander-in-Chief for the time being may be pleased to appoint, be 
 cers. and they are hereby declared to be Health Ofiicers. 
 
 Governor ^^ • ^^^ ^ic it cuacted, that if on the report of a Health Officer, 
 
 M^shortin"^ the Govcmor or Commander-in-Chief shall deem it advisable he may 
 Quarantine, at anj' time prolong or shorten the Quarantine of any Vessel. 
 
 Y. And be it enacted, that all Boats belonging to Vessels other 
 than Vessels of War under Quarantine by virtue of this Act, shall be 
 taken from them and kept at some detached place, under the care of 
 some person or persons to be appointed for that purpose by the Gov- 
 ernor or Commander-in-Chief for the time being, and shall not be de- 
 livered up to the Commanders or Masters of such. Vessels, unless by 
 order of the (^4overnor or Commander-in-Chief, until the expiration of 
 the Quarantine to be respectively performed by them : — Always pro- 
 vided, that it shall be the duty of any such person so appointed to 
 allow any such boats to be used under his direction for the mooring 
 of such Vessel to which they may belong, whenever any real necessity 
 may ai'ise. 
 
 VI. And be it enacted that any person who shall die of Cholera, 
 Small Pox, or other infectious disease, at any place of Quarantine or 
 Hospital provided by virtue of this Act, shall be Buried on the Island 
 or place where such Hospital may be fixed. 
 
 Boats in 
 Quarantine 
 how kept. 
 
 Wrecked 
 Ck)odB,&c., 
 how deposit- 
 ed from 
 
 VII. And be it enacted, that in case any Vessel shall be wrecked 
 itranded on these Islands having, or having had Cholera on board, 
 it shall be the duty of the Pilot who shall first board such Vessel to 
 
 or 
 
1836.] BERMUDA ACTS. 269 
 
 convey all persons who may have arrived in such Vessel to the place ohoicra ves- 
 appointed for the reception of persons under Quarantine for such dis- pev8on''/oii 
 ease, and notify the same to the Health Officer as soon as possible. a°/''ifge''a of 
 And in case any Goods or Merchandize shall be brought from on 
 board any such Yessel, it shall be the duty of the persons bringing 
 such Goods to deposit them in such detached place as the Agent of 
 such Yessel shall appoint, subject to the control of the Officers of His 
 Majesty's Customs, and such goods shall there remain until the re- 
 moval thereof shall be authorized by a Health Officer, and the Magis- 
 trates awarding Salvage in case of such wrecked Vessel shall consider sairage 
 and compensate the Pilot and Crew of the Boat rendering the service S""'"'"'^' 
 above required out of the proceeds of such wrecked Vessel or her 
 Cargo. 
 
 Vin. And be it enacted that it shall and may be lawful for the Governor 
 Governor or Commander-in-Chief for the time being, by and with the ?o°make°"' 
 advice and consent of His Majesty's Council, to make from time to ^'/^jg'jj"' 
 time during the continuance of this Act, such orders or regulations as having ohoi- 
 may not be repugnant to this Act as to them may seem necessary with the'Goods" 
 respect to any Vessel arriving at these Islands, having or having had aSdhwa'g 
 Cholera on board during her voyage, or on board of which any infec- ^""Sgf "■ 
 tion of Cholera may reasonably be suspected, or arriving under any no.so.) ' 
 other alarming or suspicious circumstances with respect to Cholera, 
 and also with respect to the persons Goods, Wares and Merchandize 
 and other things on board of such Vessel, and also as to the precau- 
 tions to be used by Pilots or other persons going on board or alongside 
 any such Vessel, and as to the mode of supplying any Vessel, Hospital 
 or place of Quarantine with any provisions or necessaries, or as to 
 hiring guards or boats, to prevent any evasion of this Act, so that such 
 orders or regulations do not impose any fine or imprisonment that shall 
 be excessive, and do not extend to affect life, limb, or member, and do 
 not occasion any expense that shall be excessive in carrying the same 
 into effect, which orders or regulations shall be notified as soon as pos- 
 sible by Proclamation, and shall be as effectual during the continu- 
 ance of this Act if made for so long a time, and not suspended or 
 revoked by such Governor and Council, as if they had been specially 
 set forth and formed parts of this Act ; and that all offences against 
 such Rules or Orders shall be triable only in the Court of General 
 Assize. Always Provided, that in all cases of Guards being set or Proviso, 
 employed, they shall have power to use such force to prevent any per- 
 son escaping from Quarantine, or illegally visiting any Vessel, place 
 or house of Quarantine, or going on board or coming from on board 
 any Vessel in violation of this Act as may in the particular case be 
 necessary. 
 
 IX. And be it enacted, that it shall not be necessary for His Quarantine 
 Majesty's Packets to perform Quarantine at any one of the places of K°pao°k- 
 Quarantine in this Act mentioned, while they shall be able to remain ^'s. 
 at the usual Packet Moorings in or near St. Catharine's Bay, or at any 
 other anchorage outside of the Port of Saint George, or at any other 
 place where Merchant Vessels are by this Act authorized to stop in 
 cases of emergency; but that such Packets wliile at the Packet 
 Moorings, or other places as aforesaid, shall be considered as under 
 
270 
 
 BERMUDA ACTS. 
 
 [1836. 
 
 Not to pre- 
 vent assist- 
 
 sels in dis- 
 tress, 
 
 Quarantine to all intents and purposes whatever, until duly released 
 therefrom, by departure from these Islands, or otherwise. 
 
 X. And be it enacted, that nothing in this Act contained, shall 
 ancetoves- extend to tlie preventing any persoii or persons trom alioramg sucli 
 
 necessary assistance as may be required of them, to any Vessel actu- 
 ally in distress for the purpose of saving her or any part of her Crew 
 or Cargo, or getting her into any port or place in these Islands, or to 
 subject any such person to Quarantine, by reason thereof: And that 
 all 'Goods or Merchandize which it may be necessary to unlade from 
 on board any such Vessel so in distress as aforesaid, shall be deposited 
 in the same way and subject to the same control and restriction as 
 is by this Act appointed, respecting Goods from wrecked or stranded 
 Vessels. 
 
 XI. And be it enacted, that all Letters and Papers, contained in 
 any Mail opened by or by authority of the Post Master of Saint 
 George's shall, after delivery of such Mail at the Post Office from any 
 Packet or other Vessel liable to Quarantine, in the usual way, be 
 fumigated or otherwise purified under the inspection and direction of 
 the Health Officer, at the Post Office, or some room or place near to 
 or adjoining such Post Office, into which no person except the PosJ 
 Master and Health Officer shall for the time be admitted, before dis- 
 tribution, and that Eeturn Mails shall be sent on board of any such 
 Packet or Vessel destined to carry such Mails, in the usual manner, 
 notwithstanding their being at the time under Quarantine, and that 
 both for delivering and receiving such Mails the persons charged with 
 the duty shall go to and from the Post Office in the most direct way 
 that may be practicable, landing always at the spot nearest to such 
 Post Office. 
 
 Letters, &c., 
 by Mail. 
 
 (.See Act of 
 1S55, No. 7.) 
 
 Persons in 
 
 charge 
 
 thereof. 
 
 Letters, &c., 
 by other 
 Vessels. 
 (See Act of 
 1S5S, Xo. 7 ) 
 
 XII. And be it enacted, that it shall be the duty of every Master 
 or other person on board of any Vessel placed in Quarantine, under 
 the authority of this Act, and having in his custody or possession any 
 Letters or ^Newspapers addressed to persons in these Islands, to deliver 
 the same forthwith upon being required, to the visiting Health Officer, 
 who is hereby authorized and required to make the demand ; and that 
 it shall be the duty of the Health Officer to fumigate or purify such 
 letters or papers according to his judgment, and to deliver them to the 
 Post Master of the nearest Post Office for distribution, with the least 
 possible delay : Always provided, that nothing in this clause con- 
 tained shall extend to Packet Letters, or other Letters or Papers here- 
 inbefore otherwise provided for, or to such as may be letters of intro- 
 duction or recommendation, and deliverable or not, at the discretion 
 of the person having charge thereof. 
 
 Xin. And to obviate all doubts as to the Fee of Health Officers, 
 Be it, and it is hereby declared, that only one Fee is intended as a 
 Compensation for any number of Visits which any Health Officer 
 may make as Health Officer by virtue of this Act, to any Vessel after 
 each time of her arrival at these Islands, during the continuance of 
 this Act. 
 
 Health offi- ^I'V'. And "Whereas it is found impracticable to have resident 
 cers and Health Officers for the purposes of this Act, but it is expedient as far as 
 
 Proviso as to 
 letters of in- 
 troduction, 
 Ac. 
 
 Fees of 
 Health Offi- 
 cers. 
 
1836.] BERMUDA ACTS. 271 
 
 possible to guard against any danger to the Community by reason of puotstouse 
 Health Officers mixing with the Inhabitants after visiting Vessels by cauttins"!"" 
 virtue of their office, and to this end that Health Officers be exposed 
 as short a time as possible to the risk of infection, Be it, and it is 
 hereby enacted and declared that as well Health Officers as Pilots 
 shall leave all Vessels on board of which they may go, by virtue of 
 this Act as soon as possible after the discharge of their respective 
 duties, and that Health Officers shall themselves take, and shall use 
 all despatch in enabling Pilots to take the precautions by this Act 
 prescribed, so that they may leave the Vessels on board of which they 
 "^^J go, as soon as the irrespective duties will allow ; Always Provided, Passengers 
 that in case of their being any Passenger on board any Vessel arriving i^awng"'" 
 at these Islands, and liable to Quarantine by virtue of this Act, and f^^H^^ 
 of the Vessel in which such Passenger came, leaving these Islands 
 before the expiration of the term of her Quarantine, such Passenger 
 shall be permitted to go to the Hospital of the Port provided by vir- 
 tue of this Act, at or nearest to which such Vessel shall arrive ; or in 
 case there be any person sick of any infectious disease at such Hospi- 
 tal, or there be not accommodation at such Hospital, to such other 
 Hospital provided by a Board of Health by virtue of this Act, at 
 ■jjlfhich there may be no such sickness or there be accommodation ; 
 and in case of such sickness or want of accommodation at both, then 
 to such place as shall be provided by a Board of Health, who in such 
 case are hereby authorized and required to provide such accommoda- 
 tions at the public expense. 
 
 XV. And be it enacted, that from and after the passing of this Dead Ani- 
 Act, if any person whose Horse, Ox, or other Animal be found dead, "uried? "^ 
 shall neglect for the space of twelve hours after notice of such death, 
 
 to have the same buried in such manner as to prevent any infectious 
 or offensive scent therefrom, it shall and may be lawful for any Jus- 
 tice of the Peace of the Parish where the carcase of such animal shall 
 be found, to order the same to be sufficiently buried ; and that the 
 person who was the Owner or possessor thereof at the time of the 
 death, shall be liable to pay the sum of forty shillings to the person 
 executing such order for each carcase so buried ; the same to be 
 recovered as Debts not exceeding five pounds. 
 
 XVI. And Whereas the practice of suffering parts of the carcases penalty for 
 of "Whales to lie and remain on shore, or to drift or float in and about careS of 
 the harbours of these Islands, has been frequently found to render the Y!!.?'^f *°. 
 
 , p /«. T ./1T11 • 1 1 drift about. 
 
 air tnereoi very oliensive, and may, it allowed to continue, be produc- 
 tive of disease ; for preventing thereof for the future. Be it enacted 
 that if at any time during the continuance of this Act, any part or 
 parts of a carcase of "Whale be suffered to lie and remain on the shores 
 or to drift or float in or about the harbours of these Islands tintil the 
 same become a Nuisance, the several persons "svliose boats may have 
 brought such "Whale into harbour during the "Whaling Season of that 
 year shall be liable to a penalty of five pounds, to be recovered by 
 any person suing for the same, as debts not exceeding five pounds are 
 recoverable ; and that such person as may pay the same, shall or may 
 I'ecover in like manner, the said penalty with costs, from any person 
 or persons who may be proved to have brought in such portion of 
 Whale, and by whose neglect such nuisance had arisen. 
 
272 
 
 BERMUDA ACTS. 
 
 [1836. 
 
 Fines, &c., 
 how recov- 
 erable. 
 
 Penalty for XVII. And be it enacted, that it shall not be lawful for any 
 
 G^n^wder (^uantitj of Gunpowder exceeding one hundred and twelve pounds, to 
 
 i°nd'pJr°r^oe stored or remain in any one house or place within either of the 
 
 ali°N^^ Towns of Hamilton or Saint George, or on board of any Vessel or 
 
 cia^permis- -g^^^ ^^ either of the Harbours of Hamilton or St. George, for the 
 
 space of thirty-six hours after importation, except by special order 
 
 or permission of the Governor or Commander-in-Chief ; and that any 
 
 person offending herein shall be subject to a penalty of Fifty pounds ; 
 
 Proviso. Always provided, that nothing in this clause contained, be construed 
 
 to extend to His Majesty's Ships of "War. 
 
 XVHI. And be it enacted that all fines' and forfeitures, by this 
 Act imposed, except such as are inflicted for misdemeanors, jvhich 
 shall be tried in the Court of General Assize, shall be recoverable as 
 debts not exceeding Five pounds ; and such as are not herein before 
 appropriated, shall be to Plis Majesty, his Heirs and Successors for 
 and towards the suj)port of the Government of these His Majesty's 
 Islands. 
 
 Duration. XIX. And bc it enacted, that this Act be, and continue in force 
 
 for three years from the passing thereof. 
 
 [This Act is continued in force, to the end of 1869, by the Act of 1858, No. 1, which 
 also continues to the same period the Acts of 1848, No. 13 ; of 1854, No. lY ; of 1855, No. 
 1 ; and of 1857, No. 30. 
 
 By Act of 1848, No. 13, special regulations may be made for Steam Packets. 
 
 By Act of 1854, No. 17, yellow fever is to be deemed an infectious and contagious 
 disease under the Quarantine Laws : — Healtli Officers are required to muster the Crews and 
 passengers of Vessels, and to inspect dead bodies on board, and to take Answers upon 
 oath, — and further regulations are made for the inspection of Houses, Boats, &c., and dis- 
 posal of unwholesome meats and fish. 
 
 By Act of 1856, No. 7, Health Officers are required to make Annual Reports to the 
 Governor, of all Vessels put in Quarantine and additional Regulations are made for the 
 purification of Vessels. 
 
 By Act of 1857, No. 30, Cholera, Small Pox, Yellow Fever, and Scarlet Fever are de- 
 clared to be infectious and contagious Diseases for the purposes of these Acts ; and the 
 Governor and Council may make similar regulations with respect to Small Pox, Yellow 
 Fever, or Scarlet Fever, as they are authorized to do with respect to Cholera.] 
 
 1836. No. 14. 
 
 AN ACT for the sumtnary punishment of common Assaults and 
 
 Batteries. 
 
 [29 July, 1836.] 
 
 Preamble. 
 
 Persons guil- 
 ty of Assault 
 or Battery 
 may be con- 
 victed by 
 two Justices 
 and flnedr 
 and in de- 
 fault of pay- 
 ment, im- 
 prisoned. 
 
 WHEREAS it is expedient that a summary power of punishing 
 persons for common Assaults and Batteries should be provided under 
 the limitations hereinafter mentioned : 
 
 I. We, therefore, &c., and be it enacted, &c., that when any per- 
 son shall unlawfully assault or beat any other person, it shall be law- 
 ful for two Justices of the Peace, upon complaint of the party ag- 
 grieved, to hear and determine such offence ; and the offender, upon 
 conviction thereof before them, shall forfeit and pay such fine as shall 
 appear to them to be meet, not exceeding forty shillings with lie 
 costs ;— (if ordered ;) which fine shall be paid by the Officer receiving 
 
1836.] BERMUDAACTS. 273 
 
 the same, to the Public Treasurer of these Islands, for the use of His 
 Majesty, His Heirs and Successors, for and towards the support of the 
 Government of these Plis Majesty's Islands ; and if such fine as shall 
 be awarded, together with the costs, (if ordered,) shall not be paid 
 either immediately after the conviction, or within such period as the 
 said Justices, at the time of the conviction, shall appoint, it shall be 
 lawful for them to commit the offender to the common Gaol, there to 
 be imprisoned for any term not exceeding thirty days, unless such 
 Fine and costs be sooner paid : but if the Justices, upon the hearing pioviso. 
 of any such case of Assault or Battery, shall deem the offence not to 
 be proved, or shall find the Assault or Battery to have been justified, 
 or so trifling as not to merit any punishment, and shall accordingly 
 dismiss the complaint, they shall forthwith make out a Certificate 
 under their hands stating the fact of such dismissal, and shall deliver 
 such Certificate to the Party against whom the complaint was pre- 
 ferred. 
 
 II. And be it, &c., that if any person against whom any such com- certificate 
 plaint shall have been preferred for any common Assault or Battery, "f pLyment 
 shall have obtained such Certificate as aforesaid, or having been con- of fine, or 
 victed shall have paid the whole amount adjudged to be paid under ment, to bar 
 such conviction, or shall have suffered the imprisonment awarded for ceetiing™ 
 non payment thereof, in every such case he shall be released from all 
 further or other proceedings civil or criminal for the same cause. 
 
 III. Provided alwavs, and be it, &c., that in case the Justices iftueAs- 
 
 sault be fel- 
 
 shall find the Assault or Battery complained of, to have been accom- onious, &c., 
 panied by any attempt to commit Felony, or shall be of opinion that to"adjucu"°' 
 the same is, from any other circumstance, a fit subject for Prosecu- '^='"'- 
 tion by Indictment, they shall abstain from adjudication thereupon 
 and shall deal with the case in all respects in the same manner they 
 would have done before the passing of this Act : provided also, that Proviso. 
 nothing herein contained shall authorize any Justices of the Peace to 
 hear and determine any case of Assault or Battery in which any ques- 
 tion shall arise as to the title to any Lands, Tenements or Heredita- 
 ments, or any Interest therein, or accruing therefrom, or as to any 
 execution under the process of any Court of Justice. 
 
 lY. And be it, &c., that the Justices before whom any person ^<"' 
 
 m of 
 
 shall be summarily convicted of any Assault or any Assault and Bat- 
 tery under this Act, may cause the conviction to be drawn up in the 
 following form of words, or in any other form of words to the same 
 effect, as the case shall require — (that is to say) 
 
 " Be it remembered that on the day of 
 
 in the Year of our Lord at 
 
 the Parish of in the Islands of Bermuda, A. O. is 
 
 convicted before us (naming the Justices) two of His Majesty's Jus- 
 tices of the Peace, for that the said A. O. did (specify the offence and 
 the time and place when and where the same was committed as the 
 case may be) and we adjudge the said A. O., for his said offence, to 
 forfeit and pay the sum of (here state the amount of the Fine im- 
 posed) and also to pay the sum of for costs, and 
 in default of the immediate payment of the said Sums, to be impris- 
 85 
 
 conviction. 
 
274 
 
 BERMUDA ACTS, 
 
 [1836. 
 
 Person con- 
 victed may 
 appeal. 
 
 oned at the common Gaol at the Town of for the 
 
 space of unless the said Sums shall be sooner 
 
 paid : or we order that the sums shall be paid by the said A. O. on 
 or before the day of and we direct that the 
 
 said Sums shall be paid to Constable of 
 
 Parish, the said sum of {i- e., the amount of 
 
 the Fine) to be by him paid over to the Public Treasurer of the said 
 Islands, to be by liim applied according to the directions of the Stat- 
 ute in that case made and provided. 
 
 Given under our hands the day and Year first above mentioned." 
 
 y. And be it, &c., that any person convicted under this Act shall 
 be at liberty to appeal from such Conviction to the next Court of 
 Quarter Sessions of the Peace: Provided that such Party convicted 
 crave such appeal at the time of such conviction, and enter into recog- 
 nizance, with sufficient sureties, to pay the costs of such summary con- 
 viction ; and also to pay the further costs of prosecution, together with 
 such Fine (if any) as may be awarded by such Court of Quarter Ses- 
 sions, incase such Defendant shall be convicted of such offence in that 
 Court : and in every case of such appeal, the Justices shall abstain 
 from enforcing ,tlie conviction so appealed from, and the further pro- 
 ceedings upon the complaint shall be conducted in all respects in the 
 same manner as they would have been before the passing of this Act. 
 
 p™e«?ig9 VI. And be it, &c., that the summary prosecution for any Assault 
 menced™ ^^^ Battery under this Act shall be commenced within three Calendar 
 within three mouths after the commission of the offence and not otherwise. 
 
 months. 
 
 Duration, VII. And bc it, &c., that this Act shall commence and take effect 
 
 on the first day of September in this present Tear one thousand eight 
 himdred and thirty-six, and shall be and continue in force from thence 
 for two Years, and then to determine and expire. 
 
 [This Act made perpetual by Act of 1858, No. 7,] 
 
 1836. No. 15. 
 
 AlSr ACT relating to Appeals from the Court of Chancery unto Sis 
 Majesty in Council. " 
 
 [6 August, 1836.] 
 
 Preamble. 
 
 No appeal to 
 be allowed 
 by the Court 
 of Chancery 
 to the Crown 
 except on a 
 final De- 
 cree : nor 
 unless the 
 matter ex- 
 
 WHEEEAS it is expedient to make some Legislative regulations 
 relative to Appeals craved from the Decrees and Orders of the Court 
 of Chancery in these Islands unto His Majesty in Council : 
 
 I. We, therefore, &c., and be it enacted, &c., that from and after 
 the passing of this Act no Appeal shall be granted or allowed by the 
 Court of Chancery in tliese Islands unto His Majesty in Council from 
 any Decree or Order of the said Court, except only from-a final Decree 
 or from an Interlocutory Decree having the force and effect of a final 
 Decree ; nor unless the matter in dispute in the cause shall exceed the 
 sum of Five hundred pounds of current money of Bermuda, or relate 
 
1836.] ■ BERMUDA ACTS. 275 
 
 to the taking or demanding any duty payable to His Majesty, or any ceedB£5oo, 
 Annual Eent or other such like matter or thing, where the right in someduty,'" 
 future may be bound : — nor imless such appeal be craved within four- Re^"^"*'' 
 teen days after pronouncing such Decree : — ^nor unless the party appel- and be '' 
 lant give good and sufficient security to the party appellee, for the due °nUda^',*" 
 prosecution of such appeal within a year and a day from the time of gwen""'^ 
 the allowance thereof, and in case the Decree so appealed from be 
 affirmed, or the said appeal be dismissed, to abide by and perform 
 such Decree or Order, and to pay to the party appellee such costs and 
 Damages (if any) as may be occasioned by such appeal, and may be 
 awarded by His Majesty in Council, or by the said Court of Chancery. 
 
 II. Provided always and be it, &c., that nothing in this Act con- hib Majesty 
 tained shall be deemed or construed to limit or abridge the right of f^LtuZ 
 Jriis Majesty m Council to allow or grant Appeals to him in Council ^p^"'*' 
 from the said Court of Chancery in special cases, in such manner and '^^^*'°' 
 upon such terms and conditions, as to His Majesty in Council may 
 seem fit. Provided also, and be it enacted, that nothing in this Act Proviso 
 contained shall be deemed or construed to repeal any part of the Act 
 of the Legislature of these Islands intituled " An Act for the speedy 
 payment of Bills of Costs at Common Law and Court of Chancery in 
 these Islands." 
 
 1836. No. 17. 
 
 AN ACT for Megulating the Diet of Prisoners maintained at the 
 
 Puhlie cajpeiisc. 
 
 [11 August, 1836.] 
 
 WHEREAS by the Act of the Legislature of these Islands, passed 
 in the year One thousand eight hundred and nineteen fixing the rates 
 of Fees — the Provost Marshal General for the time being is allowed 
 for dieting a Prisoner in Gaol, if diet is actually required from said 
 Officer, one shilling and four pence jier day, and by the Act passed in 
 the year one thousand eight hundred and thirty-four for the regula- 
 tion of the Public Gaols within these Islands, it is enacted that it shall 
 be lawful for five or more Justices of the Peace in General or Quarter 
 Sessions assembled, to make regulations for the several purposes therein 
 specified, and such further and additional Rules for the government 
 of the Gaols and for the duties to be performed by the Officers of the 
 same as to them may seem expedient, provided that no such Eules 
 shall be enforced until the same shall have been submitted to the Chief 
 Justice of the Court of General Assize, or in case of his absence from 
 the Island, or incapacity from sickness, to the Assistant Justices of 
 such Court, and until such Chief Justice or Assistant Justices, in case 
 of his absence or incapacity as aforesaid, shall have subscribed a Cer- 
 tificate or Declaration that he or they (as the case may be,) approve 
 of the same — And it is also provided that such Rules and Regulations 
 shall be consistent with and conformable to the Rules and Regulations 
 in the said Act for Regulation of the Gaols contained. 
 
276 
 
 BERMUDA ACTS 
 
 [1836. 
 
 Five or more 
 Justices of 
 the Peace, 
 assembled 
 in General 
 or Quarter 
 Sessions, 
 may regu- 
 late the Diet 
 of Prisoners. 
 
 And whereas doubts have arisen under the said Act fixing the rates 
 of Fees whether it is competent to the Justices of the Peace in General 
 or Quarter Sessions assembled as aforesaid, to make Kegulations 
 restricting the diet to be furnished to Prisoners by the Provost Marshal 
 General or his Deputy, to a value less than one shilling and four pence 
 per day, and it is expedient that the Justices should have power to 
 make such Kegulations : — 
 
 I. We, therefore, &c., and be it enacted, &c., that during the con- 
 tinuance of the said Act passed in the year One thousand eight hundred 
 and thirty four, it shall be lawful for five or more Justices of the 
 Peace in General or Quarter Sessions assembled, to make Kegulations 
 for fixing the quantity and kind of diet to be furnished by the Provost 
 Marshal General or his Deputy to Prisoners in the Public Gaols in 
 these Islands, at the public expense, at a value less than one shilling 
 and four pence per day if they shall see fit to do so, and that such 
 Regulations shall be binding upon the said Provost Marshal General, 
 and upon all other persons ; Provided that, no such Regulation shall 
 be enforced until the same shall have been submitted to and approved 
 by the said Chief Justice, or in case of his absence or incapacity as 
 aforesaid, by the said Assistant Justices of the Court of General Assize 
 iu manner as is prescribed by the saiid Act of one thousand eight 
 hundred and thirty four, with respect to the Rules and Kegulations 
 thereby authorized to be made. 
 
 [The Regulations authorized by this Act may be made during the continuance of the 
 Gaol Act, of 1834, No. 20, which Act is continued in force untU the end of 1869 by Act of 
 1858, No. 2.] 
 
 1836. No. 18. 
 
 AN ACT in addition to the Acts far Erecting a Building in 
 tJie Toion of Hamilton, for certain Public purposes. 
 
 [11 August, 1836.] 
 
 Preamble. WHEREAS by the Act intituled " An Act for Erecting a certain 
 
 Public Building in the Town of Hamilton," passed in the year one 
 thousand eight hundred and thirty-one, and by another Act to amend 
 the same passed in the year one thousand eight hundred and thirty- 
 three, the Committee therein named or a majority of them were author- 
 ized to erect the Building contemplated by the said Acts upon the lots 
 of Land number forty-four and number forty-five of the second Street 
 of the Town of Hamilton, wliich lots of Land have been purchased 
 from the Proprietors thereof and vested in the Crown by virtue of 
 and for the pui-poses contemplated ' by the said Act of one thousand 
 eight hundred and thirty-one. And "Whereas it is deemed expedient 
 that the said Building should be erected in a more central situation in 
 the said Town upon a plot of unimproved Land now held by the 
 Mayor, Aldermen and Common Council of the said Town of Hamilton, 
 and the said Mayor, Aldermen and Common Council have consented 
 thereto upon the terms and conditions herein after expressed : 
 
1836.] BERMUDA ACTS. 277 
 
 I. We, therefore, &c., and be it enacted, &c., that the plot of PiotofLana 
 land situate in the said Town of Hamilton, measuring three hundred crown."""' 
 feet in front, and one hundred feet in depth, that is to say, measuring 
 
 from East to "West on the North and on the South sides thereof 
 respectively three hundred feet, and from North to South on the East 
 and on the West sides thereof respectively one hundred feet, and 
 bounded Northerly by the Second Street of the said Town, Easterly 
 by the Cross Street next to the Eastward of the Sessions House, 
 W.esterly by the Cross Street next to the Westward of the Sessions 
 House, and Southerly by another unimproved plot of Land held by 
 the said Mayor, Aldermen and Common Council, likewise measuring 
 from East to West three hundred feet, and from North to South one 
 hundred feet, be and the same hereby is vested in His Majesty, his 
 Heirs and Successors for ever for the purposes contemplated by the 
 said Acts, and to or for no other use, intent or purpose whatsoever, 
 and free and clear of and from all Estate or Interest therein of the 
 said Mayor, Aldermen and Common Council and their Successors or 
 any other person claiming or to claim by, from or under them. 
 
 II. And be it, &c., that the said Two Lots of Land Number J-^™/'"'^'^"/^ 
 forty -four and number forty-five of the second Street of the said Town in corpora- 
 of Hamilton, each measuring fifty feet in front and one hundred and u™ii°^ '^^ 
 fifty feet in depth, and purchased as aforesaid, be, and the same here- 
 by are fully and absolutely vested in the said Mayor, Aldermen and 
 Common Council, their Successors and Assigns forever to the proper 
 
 use, benefit and behoof of the said Mayor, Aldermen and Comn:ion 
 Council, their Successors and Assigns forever in as full and ample 
 manner as any other lots of land within the said Town are held by 
 them, and free and discharged of and from all the uses and purposes 
 contemplated by the aforesaid Acts of the Legislature. 
 
 in. And be it, &c., that the said Committee or a majority of them The PubUc 
 be, and they hereby are authorized to erect the Building for the pur- n™ith°?to"^ 
 poses contemplated by the aforesaid Acts upon the said plot of ground „p„"\"'e* 
 bounded Northerly by the said second Street, measuring three hun- piot vested 
 dred feet in front, and one hundred feet in depth, and herein before ciown. 
 vested in His Majesty, instead of erecting the same upon the said lots 
 number forty-four and number forty-five, and that no other Building 
 whatever, except that contemplated by the aforesaid Acts of the Le- 
 gislature, and such enclosures and out offices as may be requisite 
 thereto, and authorized by the Legislature, shall be erected upon the 
 said Plot of Land. 
 
 TV. Provided always, and be it, &c., that after the passing of corporation 
 this Act, the said Mayor, Aldermen, and Common Council shall not southward'' 
 be at liberty to erect any House or Building upon the unimproved °^f„°ciwn 
 plot of ground containing three hundred feet in front and one hun- 
 dred feet in depth, and adjoining to the Southward the plot of ground 
 herein before vested in His Majesty as aforesaid ; but that the same 
 shall be reserved without being built upon, so as to be capable of be- 
 ing enclosed, planted, with ornamental trees, and otherwise improved 
 and used as a place of public resort and recreation to which all per- 
 sons may have free access at reasonable times under such reasonable 
 
278 
 
 BERMUDA ACTS, 
 
 [1836-7. 
 
 restrictions as the said Mayor, Aldermen -and Common Council from 
 time to time may deem it proper to make, for planting, embellishing 
 and preserving the same, and for the observance of decency and good 
 order therein. 
 
 1836. No. 19. 
 
 AN ACT to rei>cal all the various Acts from time to time -passed for 
 the Protection of Palmetto Tops. 
 
 [11 August, 1836.] 
 
 Acts Repeal- 
 
 ea. 
 
 WHEREAS it is deemed expedient to repeal the various Acts in 
 force for the protection of Palmetto Tops hereinafter mentioned : — 
 We therefore. Your Majesty's most dutiful and loyal Subjects, the 
 General Assembly of these Your Majesty's Bermuda or Somers' 
 Islands, do most humbly beseech Your Majesty that it may be 
 enacted, and be it enacted by Your Majesty's Governor, Coimcil and 
 Assembly and it is hereby enacted and ordained by the authority of 
 the same, that the Act intituled, "An Act to prevent the destruction 
 and transporting of Palmetto Tops and Brooms," passed in the Years 
 One thousand six hundred and ninety, One thousand six hundred and 
 ninety-one, and coniirmed on the Third day of August one thousand 
 seven hundred and seven ; and the Act for addition and amendment 
 of the same, passed in the Year One thousand six hundred and ninety- 
 eight, and confirmed on the Twentieth day of February, One thousand 
 seven hundred and seven, One thousand seven hundred and eight; and 
 also the Act intituled, "An Act to prevent stealing Corn, Palmetto 
 Tops and Provisions," j)assed in the Years One thousand six hundred 
 and ninety, One thousand six hundred and ninety-one, and confirmed 
 on the Third day of August One thousand seven hundred and four, 
 and the additional Clause to amend and explain the same, passed in 
 the Year One thousand seven hundred and thirty-three ; and also the 
 Act intituled, " An Act to prevent the destruction of Palmetto Trees 
 and to prevent fraud in the measure of Plat in these Islands," passed 
 in the Year One thousand seven hundred and twenty-two, and the ad- 
 ditional Clause thereto, passed in the Year One thousand seven hun- 
 dred and thirty-two, be, and the same hereby are repealed. 
 
 1837. No. 2. 
 
 AN ACT to continue An Act intituled " An Act to authorize Special 
 Sessions of the Court of General Assize.''^ 
 
 [26 June, ISSt.] 
 
 Preamble. WHEREAS the Act intituled " An Act to authorize Special Ses- 
 
 sions of the Court of General Assize," was passed in the Year one 
 thousand eight hundred and thirty two, for a limited period, and it is 
 expedient to continue the same : — 
 
 Act of 1882 I. We, therefore, &c., and be it enacted, &c., that the said Act, 
 Sdi'Sty. the Title whereof is above recited, be, and the same hereby is con- 
 tinued. 
 
Preamble. 
 
 ;837.] BERMUDAACTS. 279 
 
 1837. No. 10. 
 
 AN ACT for vesting all Estates and Propert/y in the Bermuda 
 Islands, ocoimied for the Ordnance Service, in the Principal 
 Officers of His Ma.jesty's Ordnance, and for granting certain 
 powers to the said Principal Officers. 
 
 [23 August, 18S1.] 
 
 "WHEREAS divers Messuages, Lands, Tenements, and Heredita- 
 ments in these Islands, have heen at various times piirchased for the 
 use of the Department of His Majesty's Ordnance, and have been con- 
 veyed to, or to several different persons in trust for His Majesty and 
 His Royal Predecessors, and His and their Heirs and Successors, and 
 the same have heen placed under the charge of the said Department — 
 And whereas it may be expedient that such parts of the said Mes- 
 suages, Lands, Tenements and Hereditaments, as may not be wanted 
 for the service of the said Department, should from time to time be 
 sold and disposed of — And whereas for effectuating such Sales it is 
 necessary that all and every the said Messuages, Lands, Tenements 
 and Hereditaments so already purchased, or used and occupied by or 
 for the service of the said Ordnance Department, and all other Mes- 
 suages, Lands, Tenements and Hereditaments that may hereafter be 
 purchased, or in any manner used and occupied by or for the service 
 of the said Department, should be vested in the Principal Officers of 
 His Majesty's Ordnance, for the time being : 
 
 I. We, therefore, &c., and be it enacted, &c., that immediately 
 from and after the passing of this Act, all Messuages, Lands, Tene- tofore pur^ 
 ments and Hereditaments which have been heretofore purchased or ocSpm' 
 taken by or in the name of, or by any person or persons in trust for ^^'^l^^'j; 
 His Majesty or His Royal Predecessors and his or their Heirs and ordnance 
 Successors, for the use or service of the said Ordnance Department, prindpla 
 or which have been used or occupied for that service, (by whatever h"m! ord' 
 mode of conveyance the same shall have been so purchased or taken,) nance and 
 either in fee, or for any life or lives, or any term or terms of years, or cessoi-s. 
 any other or lesser interest ; and all Erections and Buildings which 
 now are, or which shall or may be hereafter erected and built tliereon, 
 together with the rights, members, easements and appurtenances to 
 the same respectively belonging, shall be and become and remain and 
 continue vested in the Principal Officers of His Majesty's Ordnance in 
 Great Britain for the time being, and their Successors in the said office 
 according to the respective nature and quality of the said Messuages, 
 Lands, Tenements and Hereditaments, and the several Estates and in- 
 terests of and in the same Hereditaments resjiectively, in trust for his 
 Majesty, his Heirs and Successors, for the service of tlie said Ordnance 
 Department, or for such other public servif.e or services as his said 
 Majesty, his Heirs or Successors, shall from time to time, by any Order 
 *in Council be pleased to direct. 
 
 n. And be it, &e., that from and after the purcliase and convey- Lands hei-e- 
 ance, grant or demise thereof, all other Messuages, Lands, Tenements chaYed "«■ 
 and Hereditaments within the said Islands, which shall at any time or «« ord- 
 
280 BERMUDA ACTS. [1837. 
 
 °?°°tobeso ti™es hereafter be purchased by the Principal Officers of His Majesty's 
 Vested. Ordnance for the time being, or by any other person or persons by 
 their order, for the service of the said Ordnance Department, and all 
 Erections and Buildings which shall then or which may thereafter be 
 erected and built thereon, with the rights, members, easements, and 
 appurtenances to the same respectively belonging, shall in like manner 
 be and become, and remain and continue vested in the Principal 
 Officers of His Majesty's Ordnance for the time being, and their Suc- 
 cessors in the said Office, according to the nature and quality of the 
 said Messuages, Lands, Tenements and Hereditaments, and the_ several 
 and respective Estates and interests of and in the same respectively in 
 Trust as aforesaid. 
 
 Upon the in. And be it, &c., that upon the death, resignation, or removal 
 
 of preset' of the present Principal Officers of the Ordnance in Great Britain, or 
 of any of them, or of any future Principal Officers or Principal Officer 
 
 Officers to 
 become vest- 
 
 ed in sue- in Great Britain, all such Messuages, Lands, Tenements and Heredita- 
 
 ceeding ---- o j / _ _ _ — _ 
 
 principal 
 
 Officers, 
 
 prfadpli ments respectively shall become vested in and be held by the succeed 
 
 ing Principal Officers in Great Britain according to the respective 
 nature and quality of the said Messuages, Lands, Tenements and Here- 
 ditaments, a,nd the several Estates and interests of and in the same 
 respectively, in Trust as aforesaid. 
 
 Principal lY. And be it, &c., that it shall and may be lawful for the said 
 
 seufiet.S Principal Officers for the time being, or any two or more of them, to 
 thTm'''^ sell, exchange, or in any manner dispose of, or to let or demise any of 
 the messuages, lands, tenements or hereditaments respectively, which 
 shall be vested in them under and by virtue of this present Act, 
 with their respective appurtenances, in Trust for His said Majesty 
 His Heirs and Successors for the Service of the said Ordnance Depart- 
 ment, either by Public Auction or Piivate Contract ; And that it 
 shall and may be lawful to and for the said Principal Officers, or any 
 two or more of them, in due form of Law to convey, surrender, assign, 
 or ipabe over, or to grant or demise the same respectively, (as tlie case 
 may require) to any person or persons who shall be willing to pur- 
 chase or take the same in exchange, or otherwise, respectively, and 
 also to do any other Act, matter or thing in relation to any such 
 Messuages, Lands, Tenements and Hereditaments, which shall by the 
 said Principal Officers be deemed beneficial to the Public Service in 
 relation thereto, or for the better management thereof which might 
 be done by any person having a like interest in any such like Mes- 
 proviso. suages. Lands, Tenements or Hereditaments : Provided always, that 
 nothing in this Act contained, shall be construed to give to the said 
 Principal Officers of His Majesty's Ordnance for the time being, a 
 greater or better Estate in the said Messuages, Lands, Tenements and 
 Hereditaments or any of them than was vested in His Majesty at the 
 time of the passing of tliis Act. 
 
 Purciiase ^- •^^*^ ^® ^^' ^^-> ^^^^ *^® monics to arise and be produced by 
 
 money of the salc or exchange of any of the said Messuages, Lands, Tenements 
 by'them Or Hereditaments which shall be so sold or exchanged under the pro- 
 Xi'ncFpti'' visions of this present Act shall be paid by the respective purchaser 
 Officers. or purchascrs thereof, or the person or persons making such exchange 
 unto the respective or other Chief Officers or Officer of the Ordnance 
 
1837.] BERMUDA ACTS. 281 
 
 in the said Islands of Bermuda for the time being, or to such other 
 person or persons as the said Principal Officers, for the time being, or 
 any two or more of them shall direct or appoint to receive the same 
 for the use of His Majesty, his Heirs and Successors : and that tlie 
 receipt of the said Principal Officers or of any two of them, or of the 
 said respective or other Chief Officers or Officer for such monies,' (such 
 receipt to be endorsed on every such conveyance, surrender, or assign- 
 ment as aforesaid) shall effectually discharge the purchaser or pur- 
 chasers, or person or persons, by whom or on whose account the same 
 shall be paid. 
 
 VI. And be it, &c., that immediately from and after the payment And the pm- 
 of such purchase money, and the execution of every such conveyance, rtlnTseteed 
 surrender and assignment as aforesaid, the purchaser or purchasers afgchaiged^' 
 therein named, or the person or persons making such exchange as of prior 
 aforesaid shall be deemed and adjudged to stand seized and possessed 
 
 of the messuages, lands, tenements and hereditaments which shall be 
 so purchased or taken in exchange by and conveyed, surrendered, 
 assigned or made over to him, her or them respectively, freed and 
 absolutely discharged of and from all and all manner of prior Estates, 
 Leases, rights, titles, interests, charges, incumbrances, claims and 
 demands whatsoever, which can or may be had, made or set up, in, 
 to, out of or upon, or in respect of the same messuages, lands, tene- 
 ments or hereditaments, by any person or persons whomsoever on any 
 Account whatever, (save and exce])t such estates, leases, rights, titles, 
 interests, charges, incumbrances, claims and demands as in any siicli 
 conveyance, surrender, deed of exchange or assignment shall be 
 excepted.) 
 
 VII. Provided always, and be it, &c., that in case any person saving of 
 or persons shall have any just and legal or equitable right to any of c'laimants"' 
 the messuages, lands tenements and hereditaments which shall be so within a nm- 
 sold, exchanged and conveyed as aforesaid, or to any part or parts 
 thereof, or to any charge, incumbrance or demand affecting the same, 
 
 and not being under any of the disabilities hereinafter mentioned, and 
 shall within Five Years next after such i-ight shall by law or equity 
 accrue to or become vested in him, her or them respectively, or being 
 femes covert (except femes covert whose estates have been or may be 
 sold under the authority of tliis or any other Act of the Legislature 
 for that purpose) persons within the age of twenty-one years, or out 
 of these Islands or not of whole mind at the time of such sale, ex- 
 change and conveyance as aforesaid, shall within Five years next after 
 they shall respectively come and be discovert, at tlieir full age of 
 twenty-one years, out of prison, within these Islands, or of whole 
 mind, make out and establish such right or claim to tlie satisfaction 
 of the Principal Officers of His Majesty's Ordnance in Great Britain for 
 the time being, then and in such case, the said Princijial Officers shall 
 make or cause to be made a fair and reasonable compensation or satis- 
 faction for every such right and claim so made out and established as 
 aforesaid : but such compensation or satisfaction shall not in any case 
 exceed the amount of the purchase money or purchase monies which 
 shall have been paid to and received by the said Principal Officers, or 
 respective or other Chief Officers or Officer as aforesaid, for the mes- 
 suages, lands, tenements and hereditaments in respect whereof such 
 36 
 
282 
 
 BERMUDA ACTS, 
 
 [iss-r. 
 
 Principal Of- 
 ficers may 
 maintain 
 actions, &c. 
 
 Bodies Cor- 
 porate, Trus- 
 tees, &c., 
 may con- 
 tract with 
 principal Of- 
 ficers and 
 convey ab- 
 solutely. 
 
 Purchase 
 Money in 
 certain 
 cases, to be 
 paid to the 
 Registrar in 
 Chancery 
 In Bermuda 
 for the use 
 of the own- 
 ers : and 
 thereupon 
 the land 
 
 right or claim shall be so made out as aforesaid, or a proportional 
 part thereof, exclusive of the value of any Buildings or Improvements 
 which shall have been erected or made thereon for the use of the said 
 Ordnance Department. 
 
 yill. And be it, &c., that it shall be lawful for the said Princii)al 
 OiScers for the time being, and for the said respective or other Chief 
 Officers or Officer for the time being, and they are respectively hereby 
 authorized and empowered to bring, prosecute and maintain (in the 
 name of His Majesty, His Heirs or Successors) any Action or Actions 
 of Ejectment or other proceeding at Law or in Equity in the Court of 
 General Assize in the said Islands, or in any other Court there of com- 
 petent jurisdiction for recovering possession of any messuages, lands, 
 tenements, or hereditaments by this Act vested in them as aforesaid, 
 and to distrain or sue for any arrears of rent which shall have become 
 or shall become due for or in respect thereof under any parol or other 
 demise from the said Principal Officers or respective or other Chief 
 Officer or Officers for the time being as aforesaid, and also to bring, 
 prosecute and maintain, (in the name of His Majesty, His Heirs or 
 Successors) any other Action or Suit in respect of or in relation to the 
 said messuages, lands, tenements or hereditaments or of any trespass 
 or encroachment committed thereon, or damage or injury done thereto. 
 
 IX. And be it, &c., that it shall be lawful for all Bodies Politic 
 or Corporate, Ecclesiastical or Civil, and for all Feoffees or Trustees 
 for charitable or other public purposes, and for all Tenants for life and 
 Tenants in Tail, and for the Husbands, Guardians, Trustees, Commit- 
 tees, Curators or Attornies of such of the Owners or Proprietors of or 
 persons interested in any messuages, lands, tenements and heredita- 
 ments in the said Islands whicli have been or maybe hereafter agreed 
 to be purchased or taken for the use of the said Ordnance Department 
 as shall be Femes Covert, Infants, Lunatics, Idiots or persons beyond 
 the Seas, or otherwise incapable of acting for themselves, to contract 
 or agree with the said Principal Officers for the time being, either for 
 the absolute sale or exchange of any such messuages, lands, tenements 
 or hereditaments, or sale of any reversion after any Estate or Estates 
 for lives or years or for the grant of any lease either for life or lives, 
 or for any term of years certain therein, or for such period as the exi- 
 gency of the public service shall require, and to convey, surrender, 
 demise or grant the same accordingly ; and all contracts, sales, con- 
 veyances, surrenders, leases, and agreements which shall be made in 
 pursuance hereof shall be valid and effectual in law to all intents and 
 purposes whatsoever, and shall be a complete bar to all Dower and 
 claims of Dower, Estates Tail and other Estates, riglits, titles, trusts 
 and interests wliatsoever. 
 
 X. And be it, &c., that in every such case of purchase or ex- 
 change of any lands or hereditaments or of any such reversions as 
 aforesaid, or purchase of any other interest belonging to any such 
 Body, or other person or persons under any disability or incapacity, 
 or not having the absolute interest therein, the purchase money, if the 
 same shall amount to, or exceed the sum of twenty pounds of current 
 money, of Bermuda, shall be paid into the hands of the Registrar or 
 other proper Officer of His Majesty's Court of Chancery in the said 
 
1837.] BERMUDAACTS. 283 
 
 Islands of Bermuda for the time being, for the use and benefit of the vested in the 
 Owners and Proprietors of such lands and hereditaments and such offioera* 
 Registrar or other proper Officer is hereby authorized and required to 
 receive or accept and to give a discharge for the same, and iipon the 
 acceptation or receipt thereof to sign a certificate to the Judges of the 
 said Coiirt of Chancery under his hand purporting and signifying that 
 such money or other consideration was received or accepted by and 
 paid to him in pursuance of this Act for the use and benefit of such 
 Owners or Proprietors as shall be named in such certificate, and the 
 said certificate shall be registered in tlie Secretary's Office in the said 
 Islands, and filed or deposited in the said Court of Chancery, and a 
 true copy thereof signed by the said Registrar or other proper Officer 
 of such Court (or of the Registry thereof signed by the Secretary or 
 his Deputy,) shall and may be read and allowed as evidence for the 
 jmrposes hereinafter mentioned, and the said Registrar or other proper 
 Officer is hereby required upon receipt of any such sum or sums of 
 money as aforesaid to make known the same to the said Court of 
 Chancery at its first sitting thereafter and to pay or invest the same 
 as the said Court may direct : and immediately upon the Registry of 
 such certificate in the Secretary's Office as aforesaid, the said lands 
 and hereditaments shall be and become vested in the said Princi23al 
 Officers of the Ordnance for the time being, for the public service in 
 Trust for His Majesty, His Heirs and Successors. 
 
 XI. And be it, &c., that the Judges of -His Majesty's Court ofoourtof 
 Chancery of the said Islands, shall be, and they are hereby authorized ^^^^Se 
 and empowered in a summary way upon motion or petition for and orders for 
 on behalf of any person or persons interested in or entitled to the bene- or listing 
 fit of the money so paid to and received by the said Registrar or other "'"s*"^- 
 proper Officer of the said Court or the interest or produce thereof, and 
 upon reading the certificate directed to be signed by the said Registrar 
 or other proper Officer concerning the same as aforesaid, and receiving 
 such further satisfaction as they shall thiuk necessary, to make and 
 pronounce such orders and directions for paying the said money or 
 any part of the same, or for placing out such part thereof as shall be 
 Principal in the Public Funds, or upon Government or Real Securi- 
 ties either in Bermuda or Great Britain, and for payment of the divi- 
 dends or interest thereof, or any part thereof to the respective persons 
 entitled to receive the same, or for laying out the principal or any part 
 thereof in the purchase of other lands or hereditaments to be conveyed 
 and settled to, for and upon the same uses, trusts, intents or purj^oses 
 as the said lands and hereditaments so purchased or taken stood settled 
 at the time of the payment of such money as aforesaid, or as near 
 thereto as the same can be done, or otherwise concerning the disposi- 
 tion of the said money, or any part thereof, and the interest of the 
 same or any part thereof, for the benefit of the person and persons 
 entitled to and interested in the same respectively, or for appointing 
 any person or persons to be a Trustee or Trustees for all or any of such 
 purposes as the said Court shall think just and reasonable. 
 
 XII. Provided Always, and be it, &c., that in case such purchase 
 
 Sums under 
 may 
 
 money as is lastly hereinbefore mentioned, shall be less than the sum £200, 
 
 of Two hundred pounds of current money of Bermuda, and shall ex- ^^^^^'^2° 
 ceed the sum of twenty pounds, then and in all such cases the same trarinchan- 
 
284 BERMUDA ACTS. [1837. 
 
 Sesaid, or sball, at the option of the person or persons for the time being entitled 
 TrusrJ"™'* *° *^® rents and profits of the lands and hereditaments so purchased, 
 or of his, her, or their Giiardian or Guardians, Committee or Commit- 
 tees, (in case of infancy or lunacy,) to be signified ia Writing under 
 their respective hands, be paid into the hands of the said Eegistrar or 
 other proper Officer of the said Court of Chancery, in order to be ap- 
 plied in manner hereinbefore directed, or otherwise the same shall be 
 paid, at the like option, to three Trustees to-be nominated by the per- 
 son or persons making siieh option and approved of by the said Prin- 
 cipal Officers or any two or more of them, or by the said respective or 
 other Chief Officers or Officer of the Ordnance for the time being as 
 aforesaid, such nomination or approbation to be signified in writing 
 under the hands of the nominating and approving parties in order that 
 such principal money may be invested in the purchase of Stock in the 
 Public Funds, or in Government or Heal Securities either in Bermuda 
 or in Great Britain, and that such Stock or Government or Keal Secu- 
 rities when purchased, and the Dividends or Interest arising therefrom, 
 ■may be applied in manner hereinbefore directed, so far as the case be 
 applicable, without obtaining or being required to obtain the order, 
 direction or approbation of the said Court of Chancery. 
 
 Tw'^ntT''^'^ XIII. Provided Always, and be it, &c., that in case such pur- 
 pounds may chasB moucy shall be less than twenty pounds of current money of 
 the^'iSersons Bermuda, then and in all such cases, the same shall be applied to the 
 the"eMs'° iise of the person or persons who would for the time being be entitled 
 and profits, to the rents and profits of the lands and hereditaments so purchased, 
 in such manner as the said Principal Officers or any two or more of 
 them, or as the said Respective or other Chief Officers or Officer for 
 the time being as aforesaid, shall think fit, or in case of Infancy or 
 Lunacy, then to his, her or their Guardian or Guardians, Committee 
 or Committees for the use and benefit of such person or persons enti- 
 tled respectively. 
 
 On the death XIV. And bc it, &c., that upon the death or removal of any sucli 
 secmMes'^to Pegistrar or other proper Officer, all Stock and Securities vested in 
 vest in Sue- ]^ijj^ ijy ti^is ^gt, shall vest in the succeeding Registrar, or other proper 
 Officer for the purpose hereinbefore mentioned, without any assign- 
 ment or transfer ; and all monies paid into any Bank in pursuance of 
 this Act, or remaining in the hands of any Eegistrar or other proper 
 Officer at his death or removal, and not vested in the Funds, or placed 
 out on Securities as aforesaid, shall be paid over to the succeeding 
 Registrar or other proper Officer for the time being. 
 
 Principal XV. Aud be it, &c., that in all contracts of every description, 
 
 SfbeTe'-''"" and in all conveyances, suiTenders, leases, and other Deeds and In- 
 scribed in struments whatsoever relating to the public service which from and 
 after the passing of this Act, shall be made and entered into, by, to or 
 with the Principal Officers of the Ordnance for the time being, or by, 
 to or with the respective or other Chief Officers or Officer of the Ord- 
 nance for the time being in the said Islands, or whereunto they or any 
 of them shall be parties or a party, it shall be sufficient to call or de- 
 scribe the said Principal or other Officers or Officer as aforesaid by the 
 style or title of " The Officers or Chief Acting Officer (as the case may 
 be,) of His Majesty's Ordnance," without naming them or any or 
 
 Contracts, 
 4c. 
 
1837.] BERMUDA ACTS. 285 
 
 either of them : And that all such Contracts, Conveyances, Surren- 
 ders, Leases, and other Deeds and Instruments wherein the said Prin- 
 cipal Officers or the said Kespective or other Chief Officers or Officer 
 as aforesaid, shall be called or described by their style or title as 
 aforesaid, and the execution thereof respectively by the said Principal 
 Officers or any two or more of them, or by the said Respective or other 
 Chief Officers or Officer as aforesaid, shall be as valid and effectual, 
 and shall have the like force and operation to all intents and purposes 
 whatsoever as if the said Principal Officers or any two or more of them,- 
 or the said Kespective or other Chief Officers or Officer as aforesaid, 
 had been respectively named therein. 
 
 1837. No. 13. 
 
 AN ACT to Establish a Company called " The Bermuda Flour and 
 
 Bread Company.'''' 
 
 [4 September, 1837.] 
 
 WHEREAS a Petition hath lately been preferred to the Legisla- Preamble. 
 ture of these Islands by Nathaniel T. Butterfield, Hezekiah Frith, the, 
 younger, Josiah Dickinson, William A. Astwood and divers other 
 persons, on behalf of themselves and many others of the Merchants 
 and Inhabitants of the said Islands ; setting forth (amongst other 
 things) that the said Petitioners and many other Persons in the said 
 Islands had lately formed an Association under the name of " The 
 Bermuda Flour and Bread Company," for the purpose of erecting a 
 Grist Mill for the manufacture of Flour and Meal, and for the carry- 
 ing on a Bakery already established in the Town of Hamilton, the 
 original Stock of which Company, is to consist of Six Thousand 
 Pounds of current money of Bermuda, divided into Shares of Twenty 
 pounds each, and praying (among other things) that an Act might 
 be passed by the Legislature of the said Islands, for establishing the 
 said Company ; and that such provisions should be made for the gov- 
 ernment of the said Company as to the Legislature aforesaid should 
 seem proper : And Whereas it is deemed expedient to promote the 
 establishment of the said Company, and the erection of a Grist Mill 
 in these Islands : — 
 
 I.- Now therefore. We, &c., and be it enacted, &c., that the said ™^j,f/™''- 
 Company be, and the same is hereby declared to be formed and es- ana Bread 
 tablished in the manner hereinafter expressed, and shall be called EsSiSheci. 
 " The Bermuda Flour and Bread Company," and by this name shall 
 be personable in law and capable to sue and be sued, implead and be 
 impleaded in all Courts of Law and Equity, and shall have succes- 
 sion with a Common Seal which may be by them changed or varied 
 at their pleasure. 
 
 II. And be it, &c., that the Capital of the said Company shall capiuiand 
 consist of a sum not less than six thousand pounds of current money Shares. 
 of these Islands, and shall be divided into shares of twenty pounds of 
 like current money each, and that it shall and may be lawful for the 
 
286 BERMUDAACTS. [1837. 
 
 said Company to increase their Capital to a sum not exceeding in the 
 whole the sum of ten thousand pounds, to be divided into shares as 
 aforesaid, and that the names and designations of the several persons 
 who have subscribed for, or shaU become entitled to any share or 
 shares of the capital stock of the said Company with the number and 
 amount of such share or shares, shall be faii-ly and distinctly entered 
 in a book or books to be kept by the Treasurer of the said Company, 
 and that such shares shall and ma^ be transferrable and negotiable 
 by indorsement of the certificates given or to be given for the same 
 by the Directors of the said Company, and shall be considered per- 
 sonal estate, and liable in all respects to be disposed of and transmis- 
 sible as such. 
 
 No transfer III. Providcd nevertheless, and be it, &c., that no transfer of 
 ^■,?™J^L„ any of the said shares shall be made without the consent of the Di- 
 
 wimoaL con- »/ ^ i 'i/-^ t* i * t • / ' 'j. I* 
 
 sent of Di- rcctors of the said Company tor the time bemg (or a majority oi 
 fuup^-™ them), until the amount due thereon respectively shall have been 
 °'™'- fully paid and satisfied. 
 
 Proviso. Provided also, that upon any transfer of a share or shares of the 
 
 said Stock, such transfer shall be made known by the purchaser or 
 Owner of such share or shares to the Treasurer of the said Company 
 for the time being, to be by him Registered in a Book to be kept for 
 ' that purpose, and the person or persons last registered for any share 
 or shares, or his or their representatives, shall be deemed to be the 
 Proprietor or Proprietors thereof, and entitled to receive any Divi- 
 dends due thereon. 
 
 Power of I^- ^^^ ^s it) <^c:-' that the said Bermuda Flour and Bread Com- 
 
 the Com- pany shall and may (notwithstanding any Statute, Act, law, usage 
 
 panytohold r J .,1 •'. ^ .1 m iv T-UJ- i 
 
 lands not or custom to the contrary thereoi) purchase, have, hold and enjoy to 
 leSra'year. them and their successors any lands and real Estate which shall and 
 may from time to time, be actually and hona fide necessary and pro- 
 per for the purpose of managing and carrying on their affairs or 
 business, but not for any other purposes or by way of speculation, 
 and to sell, convey and dispose of the same respectively by any Deed 
 or Writing under their common Seal, and bearing the Signature of 
 three or more of the Dii-ectors of the said Company for the time 
 being ; Provided always, that such real Estate do not at any one time 
 exceed the yearly value of Six hundred pounds of current money of 
 the said Islands clear of all charges and reprises. 
 
 Directors ^ ■ Aud AVhereas it is expedient tliat the aft'airs of the said Com- 
 
 erforuTe""^" P^^^J shouM bc couductcd by Five persons as Dii-ectors, and other 
 current pcrsou as Trcasurcr and Agent, and Whereas at a meeting heretofore 
 held of the Shareholders of the said Company, Henry Gilbert Hunt, 
 William Bascome Smith, Thomas Hall, Josiah Dickinson, and Benja- 
 min Jennings Tucker have been elected Directors of the said Com- 
 pany for the current year, and until others shall be elected in their 
 stead, and Kathaniel T. Butterfield has been elected Treasurer of the 
 said Company for the current year and until some other person shall 
 be elected in his stead. Therefore, be it further enacted that the said 
 Persons so elected, shall be, and they are hereby declared to be 
 Directors and Treasurer of the said Company for the time for which 
 
 year. 
 
1837.] BERMUDA ACTS. 287 
 
 they have been so elected, and that the Directors of the said Company 
 for the time being, or a majority of them shall have full power to 
 manage, control and regulate all the aiFairs and concerns of the said 
 Company, and to appoint all the Agents, Officers and Servants thereof 
 (except the Treasurer,) and to fix their respective Salaries or Wages, 
 and from time to time to remove or discharge any such Agents, Offi- 
 cers or Servants, and appoint others in their stead, as by the said 
 Directors or a majority of them may be deemed expedient. 
 
 YI. And be it, &c., that on some day in the month of May in shai-ehoid- 
 
 1 T T n 1 n 1 . /> 1 • A ^^^ ^'^ meet 
 
 each and every sncceedmg year from and after the passmg or this Act, ana elect 
 to be notified by advertisement in one or more of the ITewspapers tors, te^ 
 published in the said Islands, it shall and may be lawful for the """"^''y- 
 Shareholders of the said Company to meet and assemble at some 
 convenient place in the Town of Hamilton, and elect Five of the said 
 Shareholders, (possessing each not less than Ten shares of the Capital 
 Stock of the said Company) to be Directors of the said Company 
 until the fii-st Monday in May next ensuing, and until others shall be 
 elected in their place and stead, and in like manner to elect from 
 among the said Shareholders one other person (possessing not less 
 than ten shares of the Stock of the said Company) as the Treasurer 
 thereof, who shall also continue in Office for the term of one year, and 
 until some other person shall be chosen in his stead. Provided always, Proviso. 
 that any Shareholder having been before elected to any or either of 
 the said Offices shall not thereby be disqualified from being re-elected 
 for the next or any succeeding year. 
 
 VII. Provided also, and be it, &c., that in case of any vacancy fj'g^g'l*',^ „( 
 occurring in any of the said Offices of Director or Treasurer, by death, sharehoid- 
 absence, resignation or otherwise, or if the aifairs of the said Company heicfwherf 
 shall otherwise render it necessary, a Special Meeting of the Share- "^"'^'''^'y- 
 holders shall and may be called by the Directors remaining in Office, 
 within One calendar month from the time of such Vacancy, or other 
 occasion for convening the said Shareholders, which special meeting 
 
 shall be notified by advertisement in one or more of the ISTewspapers 
 aforesaid, for the purpose of electing another Director or Treasurer of 
 the said Company of transacting any other necessary business, and 
 such election shall accordingly be made or other business transacted 
 at such special meeting. And any person who shall in case of any Directors, 
 accidental vacancy, be appointed a Director or other Officer, shall be ed"to flii°ac- 
 a substitute only for the person whose place he may supply, and clfnc'y''tor'' 
 shall continue in office only for the same period as such person whose limited time 
 place he may supply, would have done, had not the vacancy oc- 
 curred. 
 
 VIII. And be it, &c., that at every meeting of the said Shareholders, Etght of 
 each person holding five shares, and less than ten, shall be entitled to Jow^e^xe*"* 
 one V ote, and each person holding ten shares and less than twenty "ised. 
 shall be entitled to two votes, and each person holding twenty shares 
 
 and upwards, shall be entitled to three votes, but no one person shall 
 be entitled to more than three votes, and no proprietor shall be enti- 
 tled to vote in respect of any share or shares held by him or her, 
 unless the amount due thereon respectively, shall have been first fully 
 paid and satisfied. And that at each and every meeting of the said 
 
288 BERMUDA ACTS. [1837. 
 
 Shareholders, all questions shall be decided by a Majority of Votes, 
 and any shareholder who may be absent from these Islands, or other- 
 wise unable to attend such meeting may vote by Proxy appointed 
 by writing under his hand, and every female holding the requisite 
 number of shares shall be entitled to vote by proxy, (appointed by 
 writing under her hand) although able to attend any such meeting : 
 Provmed that the failure or omission to hold any such meeting of 
 Shareholders as aforesaid, shall not cause the dissolution of the said 
 Company, but that all proceedings at any meeting which may be 
 holden in lieu of the meeting so omitted to be holden, shall be as valid 
 and effectual as if such last mentioned meeting had been duly holden 
 and such proceedings had taken place thereat. 
 
 Directors ' IX. Aud bc it, &c., that the directors of the said Company hereby 
 abiefol'^"^^^' appointed, and to be hereafter elected and every of them, and the 
 their own hcirs, cxecutors, administrators and assigns of them and eveiy of 
 
 them, shall be charged and chargeable only with his, and their own 
 Liabuities acts, receipts, neglect or default respectively, and shall not be answer- 
 of Directors, able or accouutablc for the other or others of them, or for the acts, 
 
 receipts, neglect, or default of the other or others of them. 
 
 Accounts to X. And be it, &c., that previously to every general annual meet- 
 befo're gen- Jug of the Said Shareholders, an account shall be prepared by the 
 meittag""' Directors of the said Company, of the Debts and Assets of the said 
 Company, and also of the profits made in the year preceding such 
 general meeting, as nearly as the same can be ascertained ; which Ac- 
 count, with all such further information as may to the said Directors 
 seem necessary to be given, shall be laid before such general annual 
 meeting or some adjournment tiiereof to be audited and settled : and 
 that at every such general annual meeting, or some adjournment 
 thereof, a Dividend or Dividends, shall be made out of the interest 
 and profits or advantage of the said Company, unless such general 
 meeting shall declare otherwise, and also that a special general meet- 
 ing shall at any time have full power to call for and examine and set- 
 tle the Accounts of the said Company. 
 
 siiarehoia- ^^- -^"^^ ^^ ^^) ^^•■> ^hat notwithstanding any thing in this Act 
 
 ers liable for contained, the several Shareholders of the Stock of the said Company, 
 tracted and their goods and chattels, lands and tenements shall be liable for 
 weJ'e^in'ter- the payment of the Debts of the said Company contracted while the 
 exce^edin°g' ^^^^ Shareholders were interested in the said Company, Provided 
 amount of olways that any Shareholder or Shareholders who may be sued or 
 ' proceeded against in their private capacity for any Debt contracted 
 by the said Company, shall be entitled to be discharged from such 
 suit or proceedings upon paying into Court a sum of money equal to 
 the amount of Shares held by such Shareholder or Shareholders at the 
 time of such debt being contracted, or such part thereof as may be 
 suflicieht to satisfy the Debt and costs in such suit or proceedings, and 
 if such Shareholder or Shareholders should be afterwards sued or pro- 
 ceeded against for any other Debt contracted by the said Company, 
 he, she or they shall be entitled to be discharged from such subse- 
 quent suit or proceedings upon paying into Court such sum of money 
 as together with any sum formerly paid into Coiirt, by him, her or 
 them as aforesaid, may be equal to the amount of shares held by such 
 
1838.] BERMUDA ACTS. 289 
 
 Shareholder or Shareholders as aforesaid, or such part thereof as may 
 be sufficient to satisfy such Debt subsequently sued for with costs as 
 aforesaid. 
 
 XII. And be it, &c., that the said Bermuda Flour and Bread ''jj^ *'t°„""„„ 
 Company shall subsist and continue for and during the period or term tinuetm 28 
 of Ten Years to be computed from the twenty-third day of March last an"thei^J' 
 past, and that at the expiration of the said term of Ten Years (unless Rewound 
 the said Company shall have been continued, or the said period ex- 
 tended by any Act of the Legislature of the said Islands,) the said 
 Company shall cease and determine, and the Debts and engagements 
 thereof shall be liquidated and discharged, and the surplus divided 
 among the Proprietors according to their Shares and interests in the 
 capital Stock thereof. 
 
 [This Act was revived for five years by Act of 1847, No. 10, and continued by Act of 
 1852, No. 13, to the end of 1863.] 
 
 1838. No. 2. 
 
 AN ACT for consolidating and amending the Statute Law relative 
 to Offences against the Person. 
 
 [28 June, 1838.] 
 
 "WHEREAS it is expedient that various enactments contained in preamble. 
 Acts of Parliament in force in these Your Majesty's Bermuda or 
 Somers' Islands, relative to offences against the person, should be 
 repealed, in order that the provisions therein contained should be 
 amended and consolidated into this Act : — 
 
 I. "We, therefore, &c., and be it enacted, &c., that all the Acts Acta Repeai- 
 and parts of Acts of Parliament repealed in England by a certain Act ^ ' 
 
 of Parliament passed in the ninth year of the Keign of His Late 
 Majesty King George the Fourth, intituled " An Act for consolidating 
 and amending the Statutes in England relative to offences against the 
 person," so far as the said Acts and parts of Acts of Parliament re- 
 pealed in England, are now in force in these Islands, shall be and con- 
 tinue in force until and throughout the last day of June in this present 
 year, and shall from and after that day as to these Islands be repealed, 
 except so far as any of the said Acts may repeal the whole or any 
 part of any other Act, and except as to offences and other matters 
 committed or done before or upon the said last day of June, which 
 shall be dealt with and punished as if this Act had not been passed. 
 
 II. And be it, &c., that every offence which before the com- offence 
 mencement of this Act would have amounted to Petit Treason, shall 5|^^°^°" 
 be deemed to be Murder only, and no greater offence ; and all persons Petit irea- 
 guilty in respect thereof, whether as Principals or Accessories, shall j°ait°wu'h as 
 be dealt with, indicted, tried and punished as principals and acces- Murder. 
 sories in Murder. 
 
 87 
 
290 
 
 BERMUDA ACTS, 
 
 [1838. 
 
 Punishment 
 for Murder 
 — Death. 
 
 Prison Reg- 
 ulations for 
 persons con- 
 victed of 
 Murder. 
 
 Manslaugh- 
 ter. 
 
 in. And be it, &c., that every person convicted of Murder, or 
 of being an accessory before the fact to Murder, shall suffer death as 
 a felon ; and every accessory after the fact to Murder shall be liable 
 to be imprisoned with or without hard labour in the Common Gaol, for 
 any term not exceeding four years. 
 
 IV. And be it, &c., that every person convicted of Murder shall, 
 after judgment, be confined in some safe place within the Prison, 
 apart from all other Prisoners, and shall be fed with Bread .and Water 
 only, and with no other food or liquor, except in case of receiving the 
 Sacrament, or, in case of any sickness or wbxmd, in which case the 
 Surgeon or other Medical Attendant of the Prison may order other 
 necessaries to be administered ; and no person but the Gaoler and his 
 servants, and the Chaplain and Surgeon, or Medical Attendant of the 
 Prison shall have access to any such Convict, without the permission 
 in writing of the Court or Judge before whom such Convict shall 
 have been tried, or of the Provost Marshal General, or one or more 
 of the Visiting Justices : Provided always, that in case the Governor 
 or Person administering the Government of these Islands, the Court 
 or Judge shall think fit to respite the execution of such Convict, such 
 Governor or Person administering the Government, or Court or Judge 
 may by License in?, writing relax during the period of the respite, all 
 or any of the restraints or regulations herein before directed to be 
 observed. 
 
 V. And be it, &c., that every person convicted of Manslaughter 
 shall be liable to be imprisoned, with or without hard labour, in the 
 Common Gaol, for any term not exceeding four years, or to pay such 
 fine as the Court shall award. 
 
 Killing by VI. Provided always, and be it, &c., that no punishment or for- 
 
 ^insStde- feiture shall be incurred by any person who shall kill another by 
 fence. misfortune, or in his own defence, or in any other manner without 
 felony. 
 
 VII. And be it, &c., that whosoever shall administer to, or cause 
 to be taken by any person any poison or other destructive thing, or 
 shall stab, cut or wound any person, or shall by any means whatsoever 
 cause to any person any bodily injury dangerous to life, with intent in 
 any of the cases aforesaid to commit Murder shall be guilty of felony, 
 and being convicted thereof shall suffer death. 
 
 Vin. And be it, &c., that whosoever shall attempt to administer 
 to any person any poison or other destructive thing, or shall shoot al; 
 any person, or shall by drawing a trigger or in any other manner 
 attempt to discharge any kind of loaded arms at any person, or shall 
 attempt to drown, suff'ocate or strangle any person, with intent in any 
 of the cases aforesaid to commit the crime of Murder, shall, although 
 no bodily injury shall be effected, be guilty of felony, and being con- 
 victed thereof shall be liable to be imprisoned for any term not exceed- 
 ing five years. 
 
 Attempting IX. And bo it, &c., that whosoever unlawfully and maliciously 
 
 to maim, &c. gj^^U shoot at any person, or shall, by drawing a trigger, or in any 
 
 other manner attempt to discharge any kind of loaded arms at any 
 
 Poisoning or 
 wounding 
 with intent 
 to murder. 
 
 Death, 
 
 Attempting 
 to poison, 
 to shoot, &c. 
 
1838.] BEEMUDAACTS. 291 
 
 person, or shall stab, cut or wound any person with intent in any of 
 the cases aforesaid to maim, disfi^re or disable such person, or to do 
 some other grievous bodily harm to such person, or with intent to resist 
 or prevent the lawful apprehension or detainer of any person, shall be 
 guuty of felony, and being convicted thereof, shall be liable to be im- 
 prisoned for any term not exceeding five years. 
 
 X. And be it, &c., that whosoever shall unlawfully and maliciously Delivering 
 send or deliver to, or cause to be taken and received by any person substan™, 
 any explosive substance, or any other dangerous or noxious thing, or *"• 
 shall cast or throw upon, or otherwise apply to any person any cor- 
 rosive fluid or other destructive matter, with intent in any of the cases 
 aforesaid, to burn, maim, disfigure or disable any person, or to do some 
 other grievous bodily harm to any person, and whereby in any of the 
 
 cases aforesaid, any person shall be burnt, maimed, disfigured or dis- 
 abled, or receive some other grievous bodily harm, shall be guilty of 
 felony, and being convicted thereof, shall be liable to be imprisoned 
 for any term not exceeding five years. 
 
 XI. And be it, &c., that whosoever with intent to procure the mis- ^^^^itiige 
 carriage of any Woman, shall unlawfully administer to her, or cause 
 
 to be taken by her any poison or other noxious thing, or shall unlaw- 
 fully use any instrument or other means whatsoever with the like in- 
 tent, shall be guilty of felony, and being convicted thereof shall be 
 liable to be imprisoned for any term not exceeding three years. 
 
 XII. And be it, &c., that if any Woman shall be delivered of a concealing 
 child, and shall by secret burying or otherwise disposing of the dead ^cuid"' °' 
 body of the said child, endeavour to conceal the birth thereof, every 
 
 such offender shall be guilty of a misdemeanour, and being convicted 
 thereof, shall be liable to be imprisoned with or without hard labour 
 in the common gaol, for any term not exceeding two years ; and it 
 shall not be necessary to prove whether the child died before, at, or 
 after its birth : Provided diwa/ys, that if any Woman tried for the proviso. 
 Murder of her Child shall be acquitted thereof, it shall be lawful for 
 the Jury by whose verdict she shall be acquitted, to find, in case it 
 shall so appear in evidence, that she was delivered of a Child, and she 
 did by secret burying or otherwise disposing of such Child, endeavour 
 to conceal the birth thereof, and thereupon the Court may pass such 
 sentence as if she had been convicted upon an Indictment for the con- 
 cealment of the birth. 
 
 XIII. And be it, &c., that every person convicted of the crime Rape. 
 of Eape shall suffer Death as a felon. 
 
 XIV. And be it, &c., that if any person shall "unlawfully and camaiiy 
 carnally know and abuse any Girl under the age of ten years, every aburiirg^"" 
 such offender shall be guilty of felony, and being convicted thereof, 
 
 shall suffer death as a felon : and if any person shall unlawfully and 
 carnally know any girl being above the age of ten years, and under 
 the age of twelve years, every such offender shall be guilty of a mis- 
 demeanour, and being convicted thereof, shall be liable to be im- 
 prisoned with or without hard labour, in the common gaol, for such 
 Term as the Court shall award. 
 
292 
 
 BEEMUDA ACTS, 
 
 [1838. 
 
 Bigamy. 
 
 Lindtation XV. And whereas upon trials for the crimes of Buggery and Kape, 
 
 ° '"'°°'' and of carnally abusing Girls, offenders may escape by reason of the 
 difficulty of the proof which has been required of the completion of 
 those several crimes ; for remedy thereof, be it, &c., that it shall not 
 be necessary in any of those cases to prove the actual emission of seed 
 in order to constitute a carnal knowledge, but that the carnal 
 knowledge shall be deemed complete upon proof of penetration only. 
 
 XVI. And be it, &c., that if any person being married shall marry 
 any other person in these Islands during the life of the former husband 
 or wife, every such offender, and every person counselling, aiding or 
 abetting such offender, shall be guilty of felofty, and being convicted 
 thereof, shall be liable to be imprisoned, with or without hard labour, 
 in the common Gaol, for any Term not exceeding two years : Pro- 
 vided always, that nothing herein contained shall extend to any person 
 marrying a second time, whose husband or "wife shall have been con- 
 tinually absent from such person for the space of seven years then last 
 past, and shall not have been known by such person to be living 
 within that time, or shall extend to any person who at the time of 
 such second marriage shall have been divorced by some Court of com- 
 petent jurisdiction from the bond of the first marriage, or to any per- 
 son whose former marriage shall have been declared void by the sen- 
 tence of any such Court of competent jurisdiction. 
 
 ProYiso. 
 
 Punishment 
 of certain 
 
 of certain XVII. And bc it, &c., that where any person shall be charged 
 
 misdeme'an- with and couvictcd of any of the following oflfences as misdemeanours ; 
 """■ that is to say, of any assault with intent to commit felony ; of any 
 
 assault upon any Peace Officer or Revenue Officer in the due execution 
 of his duty, or upon any person acting in aid of such Officer ; or of any 
 assault upon any person with intent to resist or prevent the lawful 
 apprehension or detainer of the party so assaulting, or of any other 
 person for any ofience for which he or they may be liable by law to 
 be apprehended or detained ; in any such case the Court may sentence 
 the Offender to be imprisoned with or without hard labour, in the 
 common Gaol, for any Term not exceeding two years, and may also 
 (if it shall so think fit) fine the Offender, and require-him to find sure- 
 ties for keeping the peace. 
 
 Principals in XVIII. And bc it, &c., that in the case of every felony punish- 
 
 Aepee°ini able Under this Act, every principal in the second degree, and every 
 
 hoTpuS- accessory before the fact shall be punishable with death or otherwise, 
 
 aWe. in the same manner as the principal in the first degree is by this Act 
 
 punishable : and every accessory after the fact to any act punishable 
 
 under this Act, shall, on conviction, be liable to be imprisoned for any 
 
 Term not exceeding two years. 
 
 XIX. Provided always, and be it, &c., that nothing in this Act 
 contained, shall affect or alter any Act of Parliament or Act of the 
 Legislature of these Islands, so far. as it relates to the crime of High 
 Treason, or to any branch of the Public Eevenue, or shall affect or 
 alter any Act for the prevention of smuggling, or any of the laws 
 relating to the government of Her Majesty's Land or Naval Forces, or 
 relating to Convicts transported to these Islands to be kept at hard 
 labour on the Public "Works in these Islands. 
 
 Ttiis Act not 
 to affect 
 Higli Trea- 
 son, the Rev- 
 enue, the 
 laws rela- 
 ting to the 
 Forces or 
 Transported 
 Convictsi 
 
may 
 convict of 
 assault only. 
 
 1838.] BERMUDA ACTS. 293 
 
 XX. And be it, &c., that when any person shall be eonvieted of Modes of 
 any offence punishable under this Act for which imprisonment may ^S?lnd 
 be awarded, it shall be lawful for the Court to sentence the offender to '>"<• labour, 
 be imprisoned, or to be imprisoned and kept to hard labour in the 
 common gaol, or on the Tread Wheel or Tread Mill, or on the Public 
 Koads or the Public Works ; and also to direct that the offender shall 
 
 be kept in solitary confinement for any portion or portions of such 
 imprisonment, or of such imprisonment with hard labour, not exceed- 
 ing one calendar month at any one time, and not exceeding three cal- 
 endar months in any one year, as to the Court in its discretion shall 
 seem meet. 
 
 XXI. And be it, &c., that on the trial of any person for any of ^^^onyii-'"'' 
 the offences herein before mentioned, or for any felony whatever, when eluding an 
 the crime charged shall include an assault against the person, it shall jury""~ 
 be lawful for the Jury to acquit of the felony, and to find a verdict of '' 
 guilty of assault against the person indicted, if the evidence shall war- 
 rant such finding, and when such Verdict shall be found, the Court 
 
 shall have power to imprison the person so found guilty of an assault 
 for any Term not exceeding three years. 
 
 XXII. And be it, &c., that it shall be lawful for the Governor or Governor 
 person administering the government of these Islands for the time ^r''n?n-piy° 
 being, to extend Her Majesty's lioyal mercy to any person imprisoned mentofmo- 
 by virtue of this Act, although such person shall be imprisoned for Sthera°than 
 non-payment of money to some party other than the Crown. '"^^ ^'°'^"' 
 
 XXin. And be it, &c., that this Act shall commence and take Duration of 
 effect (except as^hereinbefore excepted) on the first day of July, in the *'^ ^'^'• 
 year one thousand eight hundred and thirty-eight, and shall be .and 
 continue in force from thence for five years, and until the end of the 
 next Session of the Legislature after the expiration of that time. 
 
 XXIY. And be it, &c., that this Act may be amended, varied, May be 
 altered or repealed by any Act or Acts to be passed in this present &",Tn the 
 Session of the Legislature. i'."'^'"^"' ^««- 
 
 o sion. 
 
 [By Act of 1857, No. 13, this Act, together with the Act of 1844, No. 4, are continued 
 to the end of 1868.] 
 
 1838. No. 6. 
 
 AN ACT to prevent the publication of certain Notices in Church 
 dwri/ng Divine Serrvice. 
 
 [20 August, 1838.] 
 
 WHEREAS by an Act of the Legislature of these Islands, passed Preamble. 
 in the Tear One thousand seven hundred and eighty-seven, publica- 
 tions of Petitions for Letters of Administration of the Estates of Per- 
 sons deceased, intestate, are required to be made, fifteen days previous 
 to granting thereof, in some neighbouring Parish Church, or other 
 place of Divine Worship ; and by another Act of the Legislature of 
 
294 
 
 BERMUDA ACTS. 
 
 [1838. 
 
 Certain No- 
 tices to be 
 published in 
 Newspapers 
 instead of in 
 Church. 
 
 these Islands, passed in tlie Tear One thousand seven hundred and 
 seventeen, it is enacted that no person or persons bound off these 
 Islands, shall be allowed any Ticket, except his or their nanie or 
 names have been first set up in the Secretary's Office and published 
 full five days in any Parish Church in the Country, where Divine 
 Service shall be, or giving sufficient Security in the Secretary's Of- 
 fice ; and whereas it is expedient that' publication of such Notices in 
 the ]S"ewspapers published in these Islands shall be substituted for 
 such Notification in Church : — 
 
 I. We, therefore, &c., and be it enacted, &c., that, from and 
 after the commencement of this Act, such Notices of Applications for 
 Letters of Administration, and Tickets of Leave to depart from these 
 Islands, instead of being proclaimed in Church, shall be published in 
 one or more of the ISfews Papers published in these Islands, at the 
 expense of the Party making such application, and shall be good, 
 valid and effectual to aU intents and purposes whatsoever ; and the 
 day of the publication of such News-paper, containing such Notice, 
 shall be deemed and taken to be the time of the publication of such 
 Notice : Provided always, that nothing in this Act contained shall 
 be construed to dispense with the affixing in the Secretary's Office of 
 such Notifications of application for Letters of Administration, or 
 Tickets of Leave to depart from these Islands, as is now practised : — 
 Provided also, that no such Notice of applying for a Ticket of Leave 
 to depart from these Islands shall be of any effect unless the Party 
 applying for the same obtain such Ticket, and depart from these 
 Islands, within eight weeks after such Notice published : — Provided 
 also, if it shall happen at any time that no News-paper shall be pub- 
 lished in these Islands during the space of fifteen successive days, 
 then the same mode of publication as is now practised of such No- 
 tices, as aforesaid, may be observed, and shall be as effectual as if 
 this Act had not been passed. 
 
 II. And be it, &c., that this Act shall commence and go into 
 operation on the first day of October next, and be and continue in 
 force, from thence, for five years, and until the end of the next Ses- 
 sion of the Legislature, thereafter. 
 
 [This Act is continued indefinitely by Act of 1852, No. 1.] 
 
 1838. No. 7. 
 
 AN ACT to continue and amend the Act intituled " An Act for 
 improving the Administration of Criminal Justice in these Isl- 
 ands y 
 
 [20 August, 1838.] 
 
 Preamble. WHEEEAS the_ Act intituled " An Act for improving the Ad- 
 
 ministration of Criminal Justice in these Islands," was passed by the 
 Legislature in the Year one thousand eight hundred and thirty-six, 
 for a limited time, and it is expedient to continue and amend the 
 same : — 
 
1838.] BERMUDA ACTS. 295 
 
 I. We, therefore, &c., and be it enacted, &c., that the said Act, Actof isse 
 the title whereof is above recited, be, and the same hereby is contin- °°'""'""'- 
 ued during the continuance of this Act, with the following Amend- 
 ment ; that is to say ; 
 
 That every offender who would have been liable to be transported offenders 
 under the said Act, instead thereof, during the continuance of this I'ransporta- 
 Act, shall be liable, (if the Court shall so think iit) to be imprisoned J;°"tArt" 
 for any Term not exceeding four Years : — And that it shall be law- may be im- 
 ful for the Court to sentence any such offender to be imprisoned, or '""""^ • 
 to be imprisoned and kept to hard labour, during such term: and 
 also to direct that any such offender shall be kept in solitary confine- 
 ment for the whole, or any portion of such imprisonment, or of such 
 imprisonment with hard labour, as to the Court, in its discretion, 
 shall seem meet. 
 
 II. And be it, &c., that the said Act, the Title whereof is above Duration. 
 recited, with the amendment hereinbefore expressed, shall be and 
 continue in force for Ten Years from the time of the passing of this 
 present Act. 
 
 [This Act together with the Acts of 1836, No. 11— of 1846, No. 9, and of 1852, No. 9, 
 are made perpetual by Act of 1857, No. 5.] 
 
 1838. No. 9. 
 
 AlN ACT m addition to the Act for the regulation of the Public 
 
 Gaols. 
 
 [11 September, 1838.] 
 
 WHEREAS it is expedient to make some further Regulations for preamwe. 
 the several Gaols within these Islands : 
 
 I. We, therefore, &c., and be it enacted, &c., that the following Additional 
 Rules and Regulations; in addition to those contained in, or author- f^ll^^^'^' 
 ized by the Act passed in the Year one thousand eight hundred and 
 thirty four, for the Regulation of the Public Gaols in these. Islands, 
 shall be observed and carried into effect :— that is to say : — 
 
 1st. From and after the first day of January next, the Keeper of oaoiers' 
 the Gaol of Hamilton shall be allowed a Salary at the rate of one salaries. 
 liundred pounds per annum, and the Keeper of the Gaol at Saint 
 George, a Salary at the rate of one hundred pounds per annum, in- 
 stead of their present Salaries, to be paid by the Public Treasurer, in 
 four quarterly payments, every Year, out of any unappropriated mon- 
 ies in the Public Treasury, upon production to the Treasurer of a 
 Certificate from the visiting Justices that such Gaoler has faithfully 
 performed his duty during the Quarter ; and from and after that day 
 such Keepers are not to be allowed, or receive any other perquisites 
 or emoluments, either for superintending the Tread Wheels, for Turn- 
 key fees, for dieting of Prisoners, or in any other way whatever in 
 respect of their Duty and Office as Keepers of the said Gaols. 
 
296 
 
 BEEMUDA ACTS. 
 
 [1838. 
 
 G-aoler to be 
 Supermtend- 
 ant of 
 Tread- 
 wheel. 
 
 Allowance 
 for dieting 
 Prisoners to 
 cease. 
 
 Prisoners, if 
 not BuppUed 
 by Contract- 
 or, to be 
 supplied by 
 the Gaoler, 
 and the Cost 
 merely of 
 supplies re- 
 imburaed. 
 
 Matrons' 
 Salaries. 
 
 2d. The Keeper of each of the said Gaols shall be the Superin- 
 tend ant of the Tread Wheel or Tread Mill attached to such Gaol. 
 
 3d. From and after the said first day of January the allowance 
 of one shilling and four pence, per diem, heretofore made for dieting 
 such Prisoners as are maintained at the expense of the Colony, shall 
 cease ; and the Keepers of the said Gaols shall not sell or trafic, nor 
 derive any benefit or advantage, directly or indirectly, from the sup- 
 ply or sale, contract or agreement, for the supply of any article what- 
 ever to any Prisoner. 
 
 Provided always, that if at any time hea^eafter it shall happen 
 that the Prisoners in either of the said Gaols, to be maintained at the 
 expense of the Colony, shall not be supplied with food by some per- 
 son contracting therefor, as hereinafter authorized, it shall be the duty 
 of the Keeper of such Gaol to furnish such prisoners respectively with 
 such food as shall be allowed by the Regulations then in force ; and 
 to keep an account of the cost of such Food : and the amount of the 
 cost merely of such food, without any profit thereon to the Keeper, 
 shall be provided for as other contingent charges of Government. 
 
 4th. A Matron, the wife of the Keeper to be preferred, shall be 
 appointed by the Provost Marshal General for each of the said Gaols. 
 It shall be ber duty constantly to superintend the Female prisoners ; 
 and she shall be allowed an annual salary of Twenty five pounds, to 
 be paid by the Public Treasurer, in four Quarterly payments, every 
 year, out of any unappropriated monies in the Public Treasury, upon 
 production to the Treasurer of a Certificate from the Yisiting Justices 
 that such Matron has faithfully performed her duty during the 
 quarter. 
 
 5th. The Keeper shall examine every Male Criminal Prisoner, and 
 cause the Matron to examine every Female Criminal Prisoner, on his 
 or her entrance into the Gaol, and search their persons and clothes ; 
 and shall remove and take into his or her possession all knives, razors, 
 files and other Instruments or Articles, which may be considered 
 likely to facilitate escape or to destroy life ; giving a receipt for the 
 articles. The Keeper shall as far as may be practicable, visit and see 
 every prisoner, and inspect every cell, once at least in every twenty 
 four hours. 
 
 Matron to The Matrou shall visit the Female Prisoners in like manner ; and 
 
 visit females, -^v^heu the Keeper or any other officer shall visit the Female Prisoners 
 
 he shall be accompanied by the Matron, or, in case of her unavoidable 
 
 absence, by some other female. 
 
 Gaoler to as- ^^^- ^he Keeper shall, if required, afford assistance to any 
 sist prioners Prisouer desirous of preferring a Petition to the Court, or to anv other 
 
 in making ,_ i. a.i, 'j. *^ 
 
 Petitions; competent authority. 
 
 m?y°brem- '''t^- The Kccpcr may employ any Prisoner in the performance of 
 ployed in any menial office or occupation within the Gaol, or in the Instruction 
 
 roenial 01- ^ ,i -r» > ^ 
 
 flees or In- of other Prisoners. 
 
 struction. 
 
 8th. The Governor, or officer administering the Government of these 
 be'lppotot" Islands, shall appoint a fit and proper Medical Practitioner as Sur- 
 ed. geon to each of the said Gaols in Hamilton and St. George. 
 
 Prisoners to 
 be searched 
 and instru- 
 ments taken 
 from them, 
 and each 
 cell inspect- 
 ed every 24 
 hours. 
 
1838.] BEEMUDAACTS. 291( 
 
 9th. Every such Surgeon is hereby required to visit the Gaol to Their duty. 
 which he shall he appointed, twice at least in every week, and oftener 
 if necessary, and to see every Prisoner confined therein, whether 
 Criminal or Debtor, and to report to every General or Quarter Ses- 
 sions of the Peace the condition of the Gaol, and the state of the health 
 of the Prisoners under his care. 
 
 He shall examine every Prisoner brought into the Gaol before such 
 Prisoner shall be passed into any ward or cell with any other prisoner; 
 and he shall further keep a Journal in which he shall enter the date 
 of every attendance in the performance of his duty, with any observa- 
 tions which may occur to him in the execution thereof; and shall sign 
 the same with his name: and such Journal shall be kept in the 
 Gaol ; but shall be regularly laid before the Justices for their inspec- 
 tion at every Quarter Sessions ; and shall be signed by the chairman 
 of the Sessions, in proof of the same having been there produced. 
 
 And every such Surgeon of the Gaol at Hamilton shall be allowed And salary. 
 an annual salary of Tnii-ty three pounds, six shillings and eight 
 pence ; and every such Surgeon of the Gaol at Saint George shall be 
 allowed an annual salary of Thirty three pounds, six shillings and 
 eight pence, to be provided for as other contingent charges of Govern- 
 ment : such salaries to be in full for all surgical and medical attend- 
 ance and operations, medicines and other articles furnished by them 
 for the Prisoners, such as are usually supplied by Medical Practitioners 
 in these Islands to their Patients. 
 
 10th. The Visiting Justices shall advertise for Tenders to contract contracta 
 for supplying such Prisoners as are maintained at the expense of the [ngMson- 
 Colony with provisions, for not less than six months, and take security "''• 
 for the due performance of such contracts, the lowest Tender, if satis- 
 factory, to be preferred and taken by the Visiting Justices. 
 
 11th. All provisions are to be of proper quality, weight and Quality, 
 measure: scales and legal weights and measures shall be provided at Mealure^of 
 the public expense, and kept in the Gaols, open to the use of any p™™''"'^- 
 Prisoners, under such restrictions as may be made by the Gaol Eegu- 
 lations. 
 
 12th. The Governor or Officer administering the Government, shall chaplains to 
 appoint for each of the said Gaols at Hamilton and Saint George a l^ "ppoi"'- 
 Clergyman of the Church of England to be Chaplain thereof; who 
 shall be allowed an annual Salary of Twenty pounds, to be provided 
 for as other contingent charges of Government. 
 
 13th. Divine service shall be performed by such Chaplain at least Their duty, 
 every Sunday, or, in his unavoidable absence, by some other Clergy- 
 man, substituted by him for such occasion, or by the Keeper or some 
 other person duly authorized by a visiting Justice. Such Chaplain 
 shall have free access to prisoners in solitary or separate confinement, 
 and also to all persons convicted of murder or other capit^ crime, or 
 under sentence of death : and shall communicate from time to time to 
 the visiting Justices any abuse or impropriety which may come to his 
 knowledge — and he shall further keep a Journal in which he shall 
 enter the times of his attendance in the performance of his duty, with 
 88 
 
298 
 
 BERMUDA ACTS. 
 
 [1838. 
 
 Chaplains 
 and Sur- 
 geons how 
 removable. 
 
 Other relig- 
 ious Teach- 
 ers how ad- 
 mitted. 
 
 Officers and 
 Prisoners to 
 attend Di- 
 vine serTice. 
 
 any observations that may occur to him in the execution thereof : and 
 such Journal shall be kept in the Gaol ; but shall regularly belaid 
 before the Justices, for their inspection, at every Quarter Sessions, 
 and shall be signed by the Chairman of the Sessions in proof of the 
 same having been there produced : and if it shall appear to the Gov- 
 ernor, or Officer administering the Government, that any such Chap- 
 lain or Surgeon is incompetent to the due performance of his duties, 
 or unfit to be continued in his Office, or shall have refused or wilfully 
 neglected to perform his duty, the Governor, or Officer administering 
 the Government, is hereby empowered to remove him from such 
 Office. 
 
 lith. If any Prisoner shall be of a religious persuasion difi'ering 
 from that of the Established Church of England, a Minister of such 
 persuasion or other religious Teacher, at the special request of such 
 Prisoner, shall be allowed to visit him or her at proper and reasonable 
 times, under such restrictions, to be enforced by the Visiting Justices, 
 as shall guard against the introduction of improper persons, and as 
 shall prevent improper communications. 
 
 15th. The Keeper, Matron and all Prisoners shall attend Divine 
 Service on Sundays and on other days when service is performed, 
 unless prevented by sickness or by any other reasonable cause, to be 
 allowed by the Keeper, or unless their attendance shall be dispensed 
 Avith by a Visiting Justice. 
 
 Prisoners 
 may be em- 
 
 16th. The Visiting Justices may at their discretion, authorize the 
 ployed in employment of any Prisoner for the purpose of instructing other 
 
 nsracion. pj,JgQjjgj,g 
 
 Imprison- 
 ment Substi- 
 tuted for 
 Transporta- 
 tion under 
 Act of 1834, 
 §12. 
 
 II. And Whereas by the twelfth Section of the said Act passed 
 in the Year one thousand eight-hundred and thirty-four, persons con- 
 victed of the offences in the Section specified are made liable to be 
 transported beyond the seas for any term not exceeding fourteen 
 Years : Be it enacted, that any such Offender being so convicted, 
 shall be liable instead of being transported as aforesaid, to be im- 
 prisoned either with or without hard labour for any term not exceed- 
 ing two Years ; and if a male, to be once, twice or thrice publicly or 
 privately whipped, if the Court shall so think fit, in addition to such 
 imprisonment. 
 
 III. And be it, &c., that this Act shall be and continue in force 
 for two Years fi'om the passing thereof, and then to determine and 
 expire. 
 
 [This Act contiBued by Act of 1858, No. 2, to the end of 1869.] 
 
Preamble. 
 
 1838.] BERMUDA ACTS. 39§ 
 
 1838. No. 10. 
 
 AN ACT in addition to the Acts ddvecting what Warning is to be 
 given to a Tenant at Will. 
 
 [24 September, 1838.] 
 
 WHEREAS the practice of Letting small Tenements by the Month 
 or Quarter of a Year affords much accommodation to such persons as 
 may find it inconvenient to rent Habitations for a longer period, and 
 is beneficial to the Proprietors, but is much discouraged by the want 
 of some simple and inexpensive remedy for recovering possession of 
 such Tenements at the termination of any month or quarter upon due 
 notice to quit : 
 
 I. "We, therefore, &c., and be it enacted, &c., that from and after Lessee as 
 the commencement of this Act, any Lessee of any House or apartment nfenaonea 
 in a House or parcel of land not exceeding two acres, held by the ^™not?ce, 
 month or quarter under a written agreement as hereinafter provided, ^^^^^^ 
 being minded to yield up any such premises by him or her occupied, such Notice 
 shall in case of the same being held by the month, give one Calendar [Sg,°may"be 
 month's previous notice, or in case of the same being held by the quar- J^'j^Xe's 
 ter, give Three Calendar months previous notice of such intention to warrant. 
 the lessor or his lawful Attorney, at the expiration of which time it 
 shall be lawful for the Lessee to quit the demised Premises : And that 
 when and as often as any such Lessee shall have received either one 
 Calendar month or three Calendar months' previous notice from his or 
 her Landlord (according as the Premises may be held by the month 
 or by the quarter) to quit the demised premises, and shall not render 
 up peaceable and quiet possession of such demised premises to the 
 Lessor at the expiration of such notice, it shall and may be lawful for 
 any Justice of the Peace on due proof of the facts being clearly made, 
 to grant a Warrant to any Constable of the Parish, where the demised 
 premises shall be, to oust and turn out of possession such Lessee, any 
 Law, usage, or custom to the contrary in anywise notwithstanding. 
 
 n. And be it, &c., that in case any Pent for any Premises, held Bent in ar- 
 as herein before mentioned, shall be in arrear for ten days after the coverabTe" 
 same shall become due, it shall be lawful to distrain for the same in 
 like manner as is provided with respect to other rents by the Act 
 passed in the year One thousand seven hundred and eighty-two for the 
 amendment of the Act intituled, "An Act directing what Warning is 
 to be given to a tenant at Will," subject also to similar process of re- 
 plevin as therein mentioned. 
 
 ni. Provided always, and be it, &c., that no proceedings shall be Provided 
 had under this Act unless the demised premises shall be holden under p^^^'J^'j ^^ 
 some Agreement or Memorandum in Writing signed by the Parties Md under 
 thereto, executed in duplicate, read over in the presence and hearing in writing, 
 of the parties at the time of executing the same, and witnessed either *°- 
 by two credible witnesses, or by one Justice of the Peace, Vestryman, 
 or Church Warden, expressing that the premises are to be held by the 
 
300 BERMUDA ACTS. [1839. 
 
 montli or by the Quarter, the rate of rent to be paid and the time of 
 the commencement thereof. 
 
 Lessee to re- JY. ^nd be it, &c., that the Lessee of any premises held as herein 
 
 CC1V6 V3,lU6 • • 1 • 
 
 ofProvisioDs before mentioned, shall upon receivmg notice to qmt such prenoases, 
 planted. i^g entitled to receive from the Lessor, the value of all provisions 
 planted by such Lessee before notice to quit, and at the expiration of 
 such notice not sufficiently ripe to be gathered : and iu case such value 
 cannot be agreed upon by the parties it shall be ascertained by any 
 two or three impartial and competent persons to be appointed by any 
 neighbouring Justice of the Peace, and if remaining unpaid at the time 
 of such Lessee quitting the said premises, may be recovered by such 
 Lessee together with costs of proceedings in like manner as Debts not 
 ProTiso. exceeding ten pounds are recoverable : Ahoays provided that if it 
 shall be expressed in the Agreement in Writing that all provisions 
 planted on the premises by the Lessee, shall be taken off by the Lessee 
 before the expiration of the notice to quit, then and in such case such 
 Lessee shall not be entitled to claim the value thereof from the Lessor 
 as herein before in this clause enacted. 
 
 Duration. V. Aud bc it, &c., that this Act shall commence in operation on 
 
 the first day of January next, and shall continue and be in force from 
 thence for three years. 
 
 [This Act continued to the end of 1863, by the Act of 1883, No. 6.] 
 
 1839. No. 2. 
 
 AN ACT to continue and amend the Act intituled, '■'■An Ad, to sim- 
 plify and ainend the mode of proceeding in the Court of General 
 Assize,^'' — and one other Act intituled, " An Act in addition t@ 
 the Act to simplify and amend the mode of proceeding in the 
 Court of General Assize?'' 
 
 [15 June, 1839.] 
 
 Preamble. "WHEKEAS the Act, the title whereof is first above recited, was 
 
 passed in the year of Our Lord one thousand eight hundred and thir- 
 ty-one, for a limited period ; and the Act the title whereof is secondly 
 above recited, was passed in the year of Our Lord one thousand eight 
 hundred and thirty-four, for a limited period ; and those two Acts 
 have been since continued for a further period, with the first Amend- 
 ment hereinafter mentioned, and it is expedient still further to continue 
 and amend the same : 
 
 Acts of 1831; I. We, therefore, &e., and be it enacted, &c., that the said two 
 contim^d. -^^^^^ abovc mentioned, be, and the same hereby are continued for and 
 during the continuance of this present Act. 
 
 n. [Kepealed by Act of 1850, No. 10.] 
 
 DeiiTery of III. And whercas by the first clause of the said Act passed in the 
 write of°8uni- year one thousand eight hundred and thirty-one. Writs of Summons 
 
 rnons, and are required to be served upon the Defendant by delivering a Copy 
 
1839.] BERMUDAACTS. 301 
 
 thereof to the Defendant personally, or to some white person at his wrt/°*/'| >, 
 or her most usual place of abode ; and by the twenty -third clause of poena to and 
 the same Act, Writs of Subpoena are required to be served by white than wMte 
 persons : — Be it further enacted, that from and after the passing of p"'''»'"'»- 
 this Act, the delirery of Copies of "Writs of Summons to persons 
 other than white persons, and the service of "Writs of Subpoena by 
 persons other than white persons, shall respectively be of the same 
 force and eifect as if such persons respectively, to whom such copies 
 of "Writs of Summons shall be delivered, or by whom such "Writs of 
 Subpoena shall be served, had been white persons. 
 
 IV. And be it, &c., that this Act shall be and continue in force Duration. 
 for and during the term of Ten Years from the passing thereof, and 
 then to determine and expire. 
 
 [This Act made perpetual by Act of 1848, No. 19.] 
 
 1839. No. 4. 
 
 AN ACT to abolish certain Oaths and Affi/rmations, and to substitute 
 Declarations in lieu thereof. 
 
 [1 7 June, 1839.] 
 
 ... .1.1... — .1 ..I * 
 
 "WHEREAS the Oaths and Affirmations which formerly used to Preamble. 
 be taken and made in the Customs and Excise Departments of the 
 Revenue under Acts of the Imperial Parliament, have been abolished, 
 and Declarations substituted in lieu thereof: — And whereas by various 
 Acts of the Legislature of these Islands, Oaths or solemn Affirmations 
 are required to be taken and made by Traders and other Persons 
 before the Public Treasurer of these Islands, and the Powder Re- 
 ceiver, or their lawful Deputies respectively, in relation to those 
 branches of the Revenue ; and from the frequent occasions on which 
 such Oaths or Affirmations are required, it is apprehended that the 
 reverence and respect which should attach to such solemn Obligations 
 may be weakened ; and it is therefore expedient to provide for dimin- 
 ishing the number of such Oaths, and to substitute other Regulations 
 in lieu thereof: 
 
 I. "We, therefore, &c., and be it enacted, &c., that in all cases where, Declarations 
 by any of the Acts of the Legislature herein before referred to, any l^jofth'^^n. 
 such Oath, solemn affirmation or affidavit shall be required to be taken aer certain 
 or made by any person, on the doing of any act matter or thing, or ActL!™° 
 for verifying any account, entry or return, or for any other purpose 
 whatsoever, such Oath, solemn affirmation or affidavit, shall no longer 
 be taken, made or required ; but in lieu thereof the person who would, 
 under the Act or Acts imposing the same, have been required to take 
 or make such Oath, solemn Affirmation or Affidavit, shall, in the pres- 
 ence of the Officer or Person empowered by Law to administer such 
 Oath, solemn Affirmation or Affidavit, make and subscribe a declara- 
 tion, setting forth the matters contained in, and to the same effect as 
 the oath, solemn affirmation or affidavit which would have been re- 
 
302 
 
 BERMUDA ACTS. 
 
 [1839. 
 
 Penalty for 
 false decla- 
 ration. 
 
 Duration of 
 this Act. 
 
 quired if this Act had not been passed, and declaring to the trath 
 thereof; and every such Officer and Person is hereby empowered and 
 required to administer the same accordingly : — and if such Declaration 
 shall be untrue in any particular, the person making the same shall, 
 over and above every other penalty to which such person might, under 
 such Act or Acts, or othervsdse, become subject, forfeit and pay one 
 hundred -pounds ; to be sued for and recovered as any other penalty, 
 under the said Acts respectively, may be sued for and recovered : — 
 And also that any person who shall wilfully and corruptly make and 
 subscribe any such Declaration, knowing the same to be untrue in any 
 material particular, shall be deemed guilty of ,a Misdemeanor. 
 
 n. And be it further enacted, that this Act shall commence and 
 take effect on the sixth day of July in this present year, and shall con- 
 tinue and be in force, from thence, for and during the term of three 
 years, and then to determine and expire. 
 
 [Made perpetual by Act of 1848, No. 4.] 
 
 1839. No. 8. 
 
 AN ACT for enabling Courts to abstain frompronouncing Sentence 
 of Heath in certain Capital Felonies. 
 
 [11 July, 1839.] 
 
 Preamble. 
 
 The Courts 
 may, under 
 particular 
 circumstan- 
 ces, (except 
 in cases of 
 murder,) ab- 
 stain from 
 pronouncing 
 judgment of 
 death, and 
 instead 
 thereof enter 
 the same of 
 Record. 
 
 WHEEEAS it is expedient that in all cases of Felony, except Mur- 
 der, the Court before which the offender shall be convicted, shall be 
 authorized to abstain from pronouncing judgment of Death, whenever 
 such Court shall be of opinion that, under the particular circumstan- 
 ces of any case, the Offender is a fit and proper subject to be recom- 
 mended for the Eoyal Mercy : 
 
 I. We, therefore, &c., and be it enacted, &c., that from and 
 after the passing of this Act, whenever any person shall be convicted 
 of any Felony except Murder, and the Court before which such Of- 
 fender shall be convicted shall be of opinion that, under the particular 
 circumstances of the case, such Offender is a fit and proper subject to 
 be recommended for the Eoyal Mercy, it shall and may be lawful for 
 such Court, if it shall think fit so to do, to direct the proper Officer, 
 then being present in Court, to require and ask, whereupon such Offi- 
 cer shall require and ask if such Offender hath or knoweth any thing 
 to say why Judgment of Death should not be recorded against such 
 Offender ; and in case such Offender shall not allege any matter or 
 thing sufficient in Law to arrest or bar such Judgment, the Court shall 
 and may and is hereby authorized to abstain from pronouncing Judg- 
 ment of Death upon such Offender ; and instead of pronouncing such 
 Judgment, to order the same to be entered of Kecord ; and thereupon 
 such proper Officer, as aforesaid, shall and may and is hereby author- 
 ized to enter Judgment of Death on Record against such Offender in 
 the usual and accustomed form, and in such and the same manner as 
 is now used, and as if Judgment of Death had actually been pro- 
 
1839.] BERMUDA ACTS. 303 
 
 nounced in open Court against such Offender, by the Court before 
 which such Offender shall have been convicted. 
 
 II. And be it, &c., that a Eecord of every such Judgment so en- to haTe the 
 tered as aforesaid, shall have the like effect to all intents and purposes, ^^Ic^i/^ 
 and be followed by all the same consequences as if such Judgment pronounced. 
 had actually been pronounced in open Court, and the Offender had 
 been reprieved by the Court. 
 
 1839. No. 9. 
 
 AN ACT for establishing a Public IMra/ry. 
 
 [7 July, 1839.] 
 
 WHEREAS a Public Library, containing a collection of Books Preamble, 
 of Eeference and practical Works, would be beneficial to the Commu- 
 nity, and it is expedient that such a. Library should be established and 
 maintained under proper Regulations : 
 
 I. We, therefore, &c., and be it enacted, &e., that a Public Library J'^JJJ^^^'^g*' 
 be established and kept in such part of the Building now in the tabushed. 
 course of being erected on the Square in the centre of the Front of 
 the Town of Hamilton, for the Council Chamber and other public 
 uses, as shall be fixed upon by the Committee appointed for erecting 
 that Building : Provided, that only such part of the said Building shall 
 be allotted for the purpose of the said Library, as shall not obstruct 
 or incommode any of the Officers contemplated in the Acts passed by 
 the Legislature for the erection of the said Building in the occupation 
 of the apartments to be allotted to them respectively, under those 
 Acts : Provided also, that until the said Public Building shall be i'™™o 
 completed so as to be fit for occupation ; the Trustees hereinafter men- 
 tioned may deposit any Books intended for the said Library, in some 
 part of the Public Building in the Front Street of the Town of Ham- 
 ilton, where the Legislative Council now holds its sittings ; but so as 
 not to obstruct or incommode any of the Public Officers in the occu- 
 pation of the apartments at present occupied by them. 
 
 n. And be it, &c., that the said Library shall be called " The to be caUed 
 Bermuda Library" — and shall consist of such Books, Prints and '^l^^^^.- 
 Maps, and Philosophical and other Instruments and Apparatus as ^^tj^*„„^ 
 shall from time to time be contributed thereto by donation, and accepted Books, 4c. 
 by the Trustees for the time being or purchased out of any Funds 
 which may be bestowed by Individuals, or appropriated for that pur- 
 pose by the Legislature of these Islands. 
 
 HI. And be it, &c., that the Governor or Commander in chief for the Trustees. 
 time being, the President of the Council for the time being, the Speaker 
 of the House of Assembly for the time being, of these Islands, (and in 
 case of a dissolution of the Assembly, the person who last acted as Speaker 
 thereof, until the next ensuing Session of the Colonial Parliament, 
 then the Speaker of such next Assembly in regular succession, as the 
 
304 BERMUDA ACTS. [1839. 
 
 same may be chosen or appointed,) be standing Trustees, in conjunc- 
 tion with the elective Trustees, for the time beine, or a majority of all 
 the Trustees shall be competent to act for all the purposes contem- 
 plated by this Act : and that such elective Trustees shall be chosen in 
 the following manner (that is to say) one Member of the Legislative 
 Council, for the time being, to be chosen by the Legislative Council 
 while in Session ; and three Members of the Assembly to be chosen 
 by the House of Assembly, while in Session, out of the number of 
 Members last returned to serve in such Assembly : and that the said 
 elective Trustees shall continue to act as such Trustees for and during 
 the term of Three Years after their Election, and until an opportunity 
 shall be afforded the respective Branches of the Legislature to make, 
 and they shall actually make a new election of Trustee or Trustees 
 out of their Bodies respectively : Provided always, that any Trustee 
 having been elected as aforesaid, be not thereby disqualified from 
 being re-elected for the next, or any succeeding term : Provided also, 
 that in case of a vacancy occurring by death, resimation or continued 
 absence from these Islands, for two Years, of any Trustee, a new Trus- 
 tee be elected in his stead, in the manner, aforesaid, by the Legislative 
 Council, or the House of Assembly, according as the Vacancy may 
 take place of a Trustee elected from one or other of the said Bodies 
 — and such new Trustee shall continue to be a Trustee for such length 
 of time only as the Trustee whose place he supplied would have con- 
 tinued. 
 
 rV. And be it, &c., that the said Trustees shall have power and 
 To appoint authority, from time to time, to appoint a Librarian, and to make 
 andmake Kcgulations for the good government, management, arrangement, 
 Regulations, preservation, access to, and use of the said Library (and occasional 
 and temporary loan of Books, other than Books of Reference, there- 
 from under suitable precautions and restrictions) as to them may seem 
 meet : Provided al/wa/ys, that the said Kegulations, or any of them, 
 may at any time be altered or annulled by the authority that made 
 them, 
 
 V. And be it, &e., that the Public Treasurer be, and he hereby 
 Sum granted is authorized and required to pay to the order of the said Trustees, 
 out of any unappropriated monies in the Public Treasury, any sum 
 not exceeding Fifty pounds, to enable them to obtain suitable Book 
 Cases for containing Books which may hereafter be deposited in the 
 said Library. 
 
 [See Act of 1850, No. 9, providing otber Apartments for the Library.] 
 
 for Book 
 cases. 
 
1839.] BERMUDA ACTS. 305 
 
 1839. No. 10. 
 
 AN ACT/or oonsolidaUng and amending the Laws relaime to Larceny 
 and other offences connected therewith^ cmd malicious injuries to 
 Property. 
 
 [29 July, 1839.] 
 
 "WHEKEAS it is expedient that tlie Laws relative to Larceny, and P'«^"'''=- 
 other offences of stealing, and to Burglary, Eobhery, and Threats for 
 the purpose of robbery or extortion; and to Embezzlement, False 
 Pretences, and the receipt of stolen property, and to malicious injuries 
 to property, should be amended and consolidated : 
 
 I. We, therefore, &c., and be it enacted, &c., that the Act passed andisatre- 
 by the Legislature of these Islands in the year one thousand eight ''^*'^''' 
 hundred and thirty four, intituled "An Act for consolidating and 
 amending the Laws relative to Larceny and other Offences connected 
 therewith, and malicious injuries to Property" — and the Act passed in 
 
 the year one thousand eight hundred and thirty seven, for continuing 
 the same for a limited period, shall continue in force until and through- 
 out the thirty first day of July in this present year one thousand eight 
 hundred and thirty nine ; and shall from and after that day be 
 repealed, — except as to offences committed before or upon the said 
 thirty first day of July ; which shall be dealt with and punished as if 
 the said Act of one thousand eight hundred and thirty four were con- 
 tinued in full force and operation. 
 
 II. And be it, &c., that the distinction between Grand Larceny ^g|^°g"'"' 
 and Petty Larceny shall be abolished, and every Larceny, whatever Grand ana 
 be the value of the property stolen, shall be deemed to be of the same ^In/aboV- 
 nature, and shall be subject to the same incidents in all respects as '"''^''' 
 Grand Larceny was at Common Law ; and the Court of General Quar- 
 ter Sessions of the Peace, as well as the Court of General Assize, shall 
 
 have power to try every case of Larceny and other offence under this 
 Act, the punishment of which cannot exceed the punishment herein- 
 after mentioned for simple larceny ; and also to try all accessories to 
 such Larceny. 
 
 III. And be it, &c., that every person convicted of simple Lar- fo"'Smp™'^ 
 ceny, or of any Felony made punishable like simple larceny, shall Larceny, 
 (except in the cases hereinafter otherwise provided for) be liable to be 
 imprisoned for any term not exceeding two years ; and, if a male, and 
 
 the Court shall so think fit, to be once, twice, or thrice publickly or 
 privately whipped, after the expiration of four days from the time of 
 sentence, in addition to such imprisonment. 
 
 .— «- 0£f6oc€s for 
 
 lY. And be it, &c., that when any person shall be convicted of which court 
 any offence punishable under this Act, for which imprisonment may Subour 
 be awarded, or shall be convicted more than once of any attempt to "J^^"*"'^ 
 commit a Felony, it shall be lawful for the Court or Justices to sen- mem. 
 tence the Offender to be imprisoned, or to be imprisoned and kept to 
 89 
 
306 
 
 BERMUDA ACTS, 
 
 [1839. 
 
 stealing 
 public or 
 private Se- 
 curities for 
 money or 
 Warrant for 
 (xooda, — 
 Felony. 
 
 hard labour ; and also to direct that the Offender shall be kept in 
 solitary confinement for the whole or any portion or portions of such 
 imprisonment, or of such imprisonment with hard labour, not exceed- 
 ing one calendar month at any one time, and not exceeding three 
 calendar months in any one year, as to the Court in its discretion shall 
 seem meet. 
 
 y. And be it, &c., that if any person shall steal any Debenture, 
 Deed, Bond, Bill, Kote, "Warrant, Order, or other security whatsoever, 
 for money or for payment of money, whether of these Islands or of the 
 United Kingdom of Great Britain and Ireland, or of any foreign 
 State, or shall steal any warrant or order forthe delivery or transfer 
 of any Goods or valuable thing : every such offender shall be deemed 
 guilty of Felony of the same nature, and in the same degree, and 
 punishable in the same manner, as if he had stolen any chattel of like 
 value with the money due on the security so stolen, or secured thereby, 
 and remaining imsatisfied ; or with the value of the Goods or other 
 valuable thing mentioned in the warrant or order : and each of the 
 several documents hereinbefore enumerated shall throughout this Act 
 be deemed for every purpose to be included under and denoted by the 
 words "valuable security.'' 
 
 Robbery at- ^ I- -A-ud bc it, &c., that wliosoevcr shall rob any person, and at 
 s "bWn'""' ^^^ i^me of, or immediately before, or immediately after, such robbery, 
 4c. ' shall stab, cut, or wound any person, shall be guilty of Felony, and 
 Death. being convicted thereof shall suffer Death. 
 
 VII. And be it, &c., that whosoever shall, being armed with any 
 offensive weapon or instrument, rob, or assault with intent to rob, any 
 person ; or shall, together with one or more person or persons, rob, or 
 assault with intent to rob, any person, and at the time of, or immedi- 
 ately before, or immediately after such robbery, shall beat, strike, or 
 use any other personal violence to any such person, shall be guilty of 
 Felony, and being convicted thereof, shall be liable to be imprisoned 
 for any term not exceeding five years ; and if a male, and the Court 
 shall so think fit, to be once, twice, or thrice publicHy or privately 
 whipped, after the expiration of four days from the time of judgment, 
 in addition to such imprisonment : and if any person so convicted 
 shall afterwards commit any of the said offences, such offender shall 
 be guilty of Felony, and being convicted thereof, shall suffer death. 
 
 Robbery or 
 afisault with 
 intent to 
 rob, being 
 armed, &c., 
 Felony. 
 
 Subsequent 
 
 offence, 
 
 Seatb. 
 
 Robbery or 
 stealing 
 £rom the 
 person. 
 
 Assaulting 
 -qrlth intent 
 to rob — 
 Felony. 
 
 VIII. And be it, «S:c., that whosoever shall rob any person, or 
 shall steal any chattel, money, or valuable security from the person of 
 another, shall be liable to be imprisoned for any term not exceeding 
 three years ; and, if a male, and the Court shall so think fit, to be once, 
 twice, or thrice publickly or privately whipped, after the expiration 
 of four daj's from the time of Sentence, in addition to such imprison- 
 ment. 
 
 IX. And be it, &c., that whosoever shall assault any person with 
 intent to rob, shall be guilty of Felony, and being convicted thereof, 
 shall, save and except in the cases where a greater punishment is pro- 
 vided by this Act, be liable to be imprisoned for any term not exceed- 
 ing three years. 
 
1839.] BERMUDA ACTS. 307 
 
 X. And be it, &c., that whosoever shall accuse or threaten to ac- obtaining 
 cuse any person of any infamous crime, as hereinafter defined, with a "y threaten- 
 view or intent to extort or gain any chattel, money, or valuable secu- euL' oMn- 
 rity from such person, and shall by intimidating such person by such f^mmM 
 accusation or threat, extort or gain from such person any chattel, mo- reiony. 
 ney or valuable security, shall be guilty of Felony, and being con- 
 victed thereof, shall be liable to be imprisoned for any term not 
 exceeding five years, and, if a male, and the Court shall so think fit, 
 
 to be once, twice, or thrice publickly or privately whipped, after the 
 expiration of four days from the time of sentence, in addition to such 
 imprisonment. 
 
 XI. And be it, &c., that if any person shall knowingly send or sending 
 deliver any letter or writing demanding of any person, with menaces, fetterBr*"^ 
 and without any reasonable or probable cause, any chattel, money, or reiony. 
 valuable security ; or if any person shall accuse, or threaten to accuse, 
 
 or shall knowingly send or deliver any letter or writing accusing or 
 threatening to accuse any person of any crime punishable by Law with 
 death, transportation, pillory, or whipping, or of any assault with in- 
 tent to commit any rape, or of any attempt or endeavour to commit 
 any rape, or of any infamous crime, as hereinafter defined, with a view 
 or intent to extort or gain from such person any chattel, money, or 
 valuable security, every such offender shall be guilty of Felony, and 
 being convicted thereof, shall be liable to be imprisoned for any term 
 not exceeding four years ; and if a male, and the Court shall so think 
 fit, to be once, twice, or thrice publickly or privately whipped, at the 
 expiration of four days from the time of sentence, in addition to such 
 imprisonment. 
 
 XII. And for defining what shall be an infamous crime within refining in- 
 the meaning of this Act, be it enacted that the abominable crime of '^^^ 
 buggery, committed either with mankind, orwith Beast, and every 
 assault with intent to commit the said abominable crime, and every 
 attempt or endeavour to commit the said abominable crime, and any 
 solicitation, persuasion, promise, or threat offered or made to any per- 
 son whereby to move or induce such person to commit or permit the 
 
 said abominable crime, shall be deemed to be an infamous crime 
 within the meaning of this Act. 
 
 XIII. And be it, &c., that whosoever .shall, with menaces or by Demanding 
 force, demand any chattel, money, or valuable security of any person ™ShmeM-' 
 
 •with intent to steal the same, shall be guilty of Felony, and being con- '=^'- 
 victed thereof, shall in the cases not otherwise provided for by this Act, 
 be liable to be imprisoned for any Term not exceeding three years, 
 and, if a male, and the Court shall so think fit, to be once, twice, or 
 thrice publickly or privately whipped, at the expiration of four days 
 from the time of sentence, in addition to such imprisonment. 
 
 XIV. And be it, &c., that whosoever shall break into any Church sacniege. 
 or chapel, and steal therefrom any chattel, or having stolen any chat- 
 tel in any Church or chapel, shall break out of the same, shall be guilty 
 
 of Felony ; and being convicted thereof, shall be liable to be impris- 
 oned for any term not exceeding five years ; and if a male, and the 
 Court shall so think fit, to be once, twice, or thrice publickly or pri- 
 
308 
 
 BERMUDA ACTS. 
 
 [1839. 
 
 Burglary 
 with intent 
 to murder, 
 &c. — Death. 
 
 Burglary. 
 
 vately whipped, after tlie expiration of four days from the time of sen- 
 tence, in addition to such imprisonment 
 
 XV. And be it, &c., that whosoever shall burglariously break 
 and enter into any dwelling-house, and shall assault with intent to 
 murder, or with intent to commit a rape, any person being therein, or 
 shall stab, cut, wound, beat, or strike, any such person, shall be guilty 
 of Felony ; and being convicted thereof, shall suffer death. 
 
 XVI. And be it, &c., that whosoever shall be convicted of the 
 crime of Burglary, shall, except in the cases herein otherwise provided 
 for, be liable, at the discretion of the Court, to be imprisoned for any 
 term not exceeding five years ; and if a male, and the Court shall so 
 think fit, to be once twice or thrice publickly or privately whipped, 
 after the expiration of four days from the time of sentence, in addition 
 to such imprisonment. 
 
 XVII. Provided always, and be it enacted, that so far as the same 
 is essential to the crime of Burglary, the Night shall be considered, 
 and is hereby declared to commence at nine of the clock of the even- 
 ing of each day, and to conclude at six of the clock on the morning of 
 the next succeeding day. 
 
 XVin. Provided always, and it is hereby declared and enacted, 
 that if any person shall enter the Dwelling House of another with in- 
 tent to commit Felony, or being in such Dwelling House, shall com- 
 mit any Felony, and shall in either case break out of the said Dwelling 
 House in the night time, as hereinbefore defined, such person shall be 
 deemed guilty of Burglary. 
 
 XIX. And be it, &c., that whosoever shall steal any chattel, 
 money, or valuable security, in any Dwelling House, and shall by any 
 menace or threat put any one being therein in bodily fear, shall be 
 guilty of Felony, and being convicted thereof, shall be liable to be im- 
 prisoned for any term not exceeding five years ; and if a male, and the 
 Court shall so think fit, to be once, twice, ^or thrice publickly or pri- 
 vately whipped, after the expiration of four days from the time of sen- 
 tence, in addition to such Imprisonment. 
 
 XX. Provided always, and be it, &c., that no Building, although 
 within the same curtilage with the Dwelling House, and occupied 
 therewith, shall be deemed to be part of such Dwelling House for the 
 purpose of Burglary, or for any of the purposes aforesaid, unless thei'e 
 shall be a communication between such Building and Dwelling House, 
 either immediate or by means of a covered and enclosed passage lead- 
 ing from one to the other. 
 
 XXI. And be it, &c., that if any pei-son shall break and enter 
 any Dwelling House, and shall therein steal any chattel, money, or 
 
 ?n 1 Dwe'u-^ valuablc security, to any value whatsoever, or shall steal in any Dwell- 
 ing House, ing House any chattel, money, or valuable security, to the value in 
 the whole of five pounds or more ; or shall break and enter any Build- 
 ing, and shall steal therein any chattel, money, or valuable security, 
 such building being within the curtilage of a Dwelling House, and 
 occupied therewith, but not being part thereof, (according to the pro- 
 
 ■n-hat shall 
 be consid- 
 ered the 
 Xight. 
 
 Felonious 
 entry or 
 breaking out 
 of a Dwell- 
 ing House — 
 Burglary. 
 
 Stealing in a 
 Dwelling 
 House, and 
 putting any 
 person 
 therein in 
 fear. 
 
 What Build- 
 ings to be 
 deemed part 
 of a House. 
 
 House- 
 breaking 
 
1839.] BERMUDA ACTS. 309 
 
 vision hereinbefore mentioned), every such offender, being convicted 
 thereof, (either upon an Indictment for the same offence, or upon an 
 Indictment for Burglary, housebreaking, or stealing to the value of 
 five pounds in a Dwelling House, containing a separate count for such 
 offence), shall be liable to be imprisoned for any term not exceeding 
 four years ; and if a male, and the Court shall so think fit, to be once, ' 
 twice, or thrice publickly or privately whipped, after the expiration 
 of four days from the time of sentence, in addition to such impris- 
 onment. 
 
 XXII. And be it, &c., that if any person shall break and enter toa^lho^'"" 
 any Shop, Warehouse, or Counting House, or Decked Vessel, and ft°-^,fng 
 steal therein any Chattel, money, or valuable security, every such 
 offender, being convicted thereof, shall be liable to any of the punish- 
 ments which the Court may award, as hereinbefore last mentioned. 
 
 XXIII. And be it, &c., that if any person shall steal any Goods 
 
 or merchandize in any Vessel Barge or Boat of any Description what- Good"from 
 ever, in any port of entry or discharge, or in any creek or bay belong- '^'esseis. 
 ing, to, or communicating with any such Port, or shall steal any 
 Goods or Merchandize from any Dock, Wharf or Quay at or adjacent 
 to any such Port or Creek ; every such offender, being convicted 
 thereof, shall be liable to any of the punishments which the Court 
 may award, as hereinbefore last mentioned. 
 
 XXIV. And be it, &c., that, if any person shall plunder or steal 
 
 any part of any Ship or Vessel which shall be in distress, or wrecked, TsMp m"*^ 
 stranded, or cast on shore, or any Goods, Merchandize, or Articles of "wrecked. 
 any kind belonging to such Ship or Vessel, every such Offender, be- 
 ing convicted thereof, shall be liable to any of the punishments which 
 the Court may award, as hereinbefore last mentioned : — Provided al- 
 loays that when articles of small value shall be stranded, or cast on 
 shore, and shall be stolen without circumstances of cruelty, outrage, 
 or violence, it shall be lawful to prosecute and punish the offender as 
 for simple Larcency. 
 
 XXV. And be it, &c., that if any Goods, Merchandize, or arti- pe^sone in 
 cles of any kind, belonging to any Ship or Vessel in distress, or possession 
 wrecked stranded or cast on Shore, as aforesaid, shall by virtue of a wiecifed 
 Search Warrant, to be granted as hereinafter mentioned, be found in not'gwngi 
 the possession of any person, or on the premises of any person, with |^"^(j'„';'°''^ 
 his knowledge, and such person being carried before a Justice of the 
 Peace, shall not satisfy the Justice that he came lawfully by the 
 
 same ; then the same shall, by order of the Justice, be forthwith de- 
 livered over to or for the use of the rightful Owner thereof: and the 
 offender, on conviction of such offence before the Justice, shall forfeit 
 and pay, over and above the value of the Goods, Merchandize, or 
 articles, such sum of money, not exceeding Twenty Pounds, as to the 
 Justice shall seem meet. 
 
 XXVI. And be it, &c., that if any person shall offer or expose ^^ offering 
 for sale any Goods, Merchandize, or articles whatsoever, which shall them for 
 have been unlawfully taken, or reasonably suspected so to have been, °*'^- 
 
310 BEEMUDAACTS. [1839. 
 
 , from any Ship or Vessel in distress, or wrecked, stranded, or cast on 
 Shore, as aforesaid ; in every such case, any person to whom the same 
 shall be offered for sale, or any Officer of the Customs, or Peace Offi- 
 cer, may lawfully seize the same, and shall with all convenient speed, 
 carry the same, or give notice of such seizure to some Justice of the 
 Peace, and if the person who shall have offered or exposed the same 
 for sale, being duly summoned by such Justice shall not appear, and 
 satisfy the Justice that he came lawfully by such Goods, Merchandize, 
 or articles, then the same shall, by order of the Justice, be forthwith 
 delivered over to or for the use of the rightful Owner thereof, — upon 
 payment of a reasonable reward (to be ascertained by the Justice), to 
 the person who seized the same : — and the Offender, on conviction of 
 such offence, by the Justice, shall forfeit and pay, over and above the 
 value of the Goods, Merchandize, or articles, such sum of money, not 
 exceeding Twenty Pounds, as to the Justice shall seem meet. 
 
 stealing, de- XXYII. And bc it, &c., that if any person shall, either during 
 conSaing the life of the Testator or Testatrix, or after his or her death, steal or, 
 ^"i'- for any fraudulent purpose, destroy or conceal any Will, Codicil, or 
 
 other Testamentary Instrument, whether the same shall relate to real 
 or personal Estate, or to both ; every such offender shall be guilty of 
 a misdemeanour ; and being- convicted thereof, shall be liable to 
 suffer such punishment, by fine or imprisonment, or by both, as the 
 Court shall award ; and it shall not, in any Indictment for any such 
 offence, be necessary- to allege that such Will, Codicil, or other Instru- 
 ment is the property of any person, or that the same is of any value. 
 
 stealing XXVIII. And be it, &c., that if any person shall steal any parch- 
 
 Sto^^o"' nient, written or printed, or partly written and partly printed, being 
 Real Estate, evidence of the Title, or of any part of the Title, to any real Estate ; 
 every such Offender shall be deemed guilty of a misdemeanour, and 
 being convicted thereof, shall be liable to any of the punishments 
 which the Court may award, as hereinbefore last mentioned ; and in 
 any Indictment for such offence it shall be sufficient to allege the 
 thing stolen to be evidence of the Title of, or of part of the Title of, 
 the person, or of some one of the persons, having a present interest 
 whether legal or equitable, in the Heal Estate to which the same 
 relates ; and to mention such real Estate, or some part thereof ; and 
 it shall not be necessary to allege the thing stolen to be of any value : 
 Proviso, not Provided always and be it enacted, that nothing in this Act contained 
 cM^Ime'- relating to either of the misdemeanours aforesaid, nor any proceeding, 
 dies. conviction, or judgment, to be had or taken thereupon, shall prevent, 
 
 lessen, or impeach any remedy at Law or in equity, which any party 
 aggrieved by any such offence, might or would have had if this Act 
 had not been passed : — but nevertheless the conviction of any such 
 offender shall not be received in evidence in any action at Law or 
 Suit in Equity against him ; and no person shall lae liable to be con- 
 victed of either of the misdemeanours aforesaid, by any evidence 
 whatever in respect of any act done by him, if he shall, at any time 
 previously to his being indicted for such offence, have disclosed such 
 act on oath in consequence of any compulsory process of any Court 
 of Law or Equity, in any action, suit, or proceeding which shall have 
 been honafide instituted by any party aggrieved, or if he shall have 
 
1839.] BERMUDA ACTS. 311 
 
 disclosed the same in any examination or deposition before any Com- 
 missioners of Bankrupt, or other persons acting under the authority 
 of the Bankrupt Laws. 
 
 XXIX. And be it, &o., that if any person shall steal any horse, stealing m- 
 mare, gelding, colt, or filly, or any bull, cow, ox, heifer, or calf, or J^g^Hors^e"' 
 any ram, ewe, sheep, or lamb, or any hog or goat, or shall wilfully *''■ 
 
 kill any of such cattle, with intent to steal the carcase or skin, or any 
 part of the cattle so killed, every such offender shall be guilty of Fel- 
 ony, and being convicted thereof, shall be liable to be imprisoned for 
 any term not exceeding four years ; and if a male, and the Court shall 
 think fit, to be once, twice, or thrice, publickly or privately whipped, 
 after the expiration of four days from the time of sentence, in addition 
 to such imprisonment. 
 
 XXX. And be it, &c., that if any person shall steal any dog, or staaiing: 
 shall steal any beast or bird, ordinarily kept in a state of confinement ^°^' ^"^ ^' 
 not being the subject of Larceny at Common Law ; every such offen- 
 der, being convicted thereof before a Justice of the Peace, shall for 
 
 the first offence forfeit and pay, over and above the value of the dog, 
 beast, or bird, such sum of money not exceeding five pounds, as to 
 the Justice shall seem meet ; and if any person, so convicted, shall 
 afterwards be guilty of any of the said offences, and shall be convicted 
 thereof in like manner, every such Offender shall be committed to 
 the common Gaol, there to be kept to hard labour for such term, not 
 exceeding twelve calendar months, as the convicting Justice shall 
 think fit. 
 
 XXXI. And be it, &c., that if any person shall steal, or with intent stealing or 
 to steal, shall cut, break, bark, root up, or otherwise destroy or damage, trees! &c^ i" 
 or unlawfully or maliciously shall cut, break, root up, or otherwise de- 4"^ toto™' 
 stroy or damage the whole or any part of any tree, sapling or shrub, or value of 20 s. 
 any underwood, respectively growing in any pleasure ground, garden, 
 orchard, or avenue, or in any ground adjoining or belonging to any 
 dwelling house ; every such offender in case the value of the article or 
 articles stolen, or the amount of the injury done, shall exceed the sum of 
 twenty shillings, shall be guilty of Felony, and being convicted 
 thereof, shall be liable to be punished in the same manner as in the 
 
 case of simple Larceny: and if any person shall steal, or with intent or elsewhere 
 to steal the same, shall cut, break, bark, root up or otherwise destroy, ' ' 
 or damage, the whole or any part of any tree, sapling, or shrub, or 
 any underwood growing elsewhere than in any of the situations here- 
 inbefore mentioned, every such offender, (in case the value of the ar- 
 ticle or articles stolen, or the amount of the injizry done, shall exceed 
 the sum of five pounds,) shall be guilty of Felony, and being con- 
 victed thereof, shall be liable to be punished in the same manner as in 
 the case of simple larceny. 
 
 XXXII. And be it, &c., that if any person shall steal, or with or any- 
 intent to steal the same, shall cut, break, bark, root up, or otherwise vai™ 0'? I'af 
 destroy or damage, or unlawfully or maliciously shall cut, break, 
 
 bark, root up, or otherwise destroy or damage the whole or any part 
 of any tree, sapling, or shrub, or any underwood, wheresoever the 
 same may be respectively growing, the value of the article or articles 
 
 of £5. 
 
312 
 
 BERMUDA ACTS, 
 
 [1839. 
 
 stolen, or the injury done being to the amomit of one shilling at the 
 least, every sneh offender, being convicted before a Jnstice of the Peace, 
 shall for the first offence forfeit and pay, over and above the value of 
 the article or articles stolen, or the amonnt of the injnry done, such 
 snm of money, not exceeding five pounds as to the Justice shall seem 
 Second and meet : and if any person so convicted shall afterwards be guilty of 
 ' ffcn^™' ^^y of t^s said offences, and shall be convicted thereof in like man- 
 ner, every such offender shall, for such second offence, be committed 
 to the common Gaol, there to be kept to hard labour for such term, 
 not exceeding twelve calendar months, as the convicting Justice shall 
 think fit : and if any person so twice convicted, shall afterwards 
 commit any of the said offences, such offendet shall be deemed guilty 
 of Felony, and being convicted thereof, shall be liable to be punished 
 in the same manner as in the case of Simple Larceny. 
 
 XXX III. And be it, Arc, that if any person shall steal or shall 
 destroy, or damage with intent to steal, or shall unlawfully or mali- 
 ciously destroy, or damage with intent to destroy, any cultivated 
 plant, root, fruit or vegetable production, every such offender, being 
 convicted thereof before a Justice of the Peace, shall, at the discretion 
 of the Justice, either be committed to the common Gaol, there to be 
 imprisoned only, or to be imprisoned and kept to hard labour, for any 
 term not exceeding one calendar month ; or else shall forfeit and pay 
 over and above the amount of the injury done, such sum of money 
 not exceeding forty shillings, as to the Jnstice shall seem meet ; and 
 in default of payment thereof, together with the costs, (if ordered) 
 shall be committed, as aforesaid, for any term not exceeding one cal- 
 endar month, unless payment be sooner made. And if any person so 
 Subsequent couvictcd shaU afterwards be guilty of any of the said offences, and 
 " """ shall be convicted thereof in like manner, every such offender shall 
 be committed to the common Gaol, there to be kept to hard labour, for 
 such term, not exceeding six calendar months, as the convicting Jus- 
 tice shall think fit. 
 
 stealing or 
 
 damaging 
 
 cultlTated 
 
 plants, 
 
 roots, fruits, 
 
 Ac, 
 
 offence. 
 
 Offences as 
 to Palmetto 
 Trees. 
 
 XXXIV. And whereas it is expedient to make some special pro- 
 vision for the detection and punishment of offences committed with 
 respect to the leaves and tops of the Palmetto tree : — ^be it enacted that 
 any person who shall hawk about, or otherwise offer or expose for 
 sale, or who shall carry from place to place, within these Islands, any 
 of the leaves of the Palmetto tree, commonly called Palmetto leaves 
 or tops, or any of the tops of the Palmetto tree commonly called white 
 tops, (the same not having been cut from off his or her land), unless 
 furnished with a ticket or pennission in writing from such person, or 
 a bill or other voucher of sale, specifying the jiumber of such leaves 
 or tops, so hawked about, offered or earned, granted or signed by some 
 person owning or possessing the land from which the same were or 
 was cut or taken ; or by some person authorized by such owner or 
 possessor, and expressed to be so authorized in such ticket or voucher ; 
 and bearing date on the day of the same being hawked about, offered 
 or carried, as aforesaid, shall, on conviction thereof before a Justice of 
 the Peace, forfeit such Palmetto leaves or tojis : and also shall forfeit 
 and pay a penalty of ten shillings ; and in default of payment thereof, 
 together with the costs (if ordered) shall be couMnitted to the Common 
 Gaol, there to be imprisoned only, or to be imprisoned and kept to 
 
1839.] BERMUDA ACTS. 313 
 
 hard labour, for any term not exceeding one calendar month, unless 
 payment be sooner made ; and if any person so convicted, shall after- 
 wards be guilty of any of the said offences, and shall be convicted 
 thereof in like manner, every such offender shall be committed to the 
 common Gaol, there to be kept to hard labour for such term, not ex- 
 ceeding six calendar months, as the convicting Justice shall think fit. 
 
 XXXV. And be it, &c., that if any person shall steal, or shall I'/jJ^J"?^"' 
 cut, break or throw down, with intent to steal, or shall unlawfully and Fences, &o. 
 maliciously cut, break, or throw down, or in any wise destroy, any 
 hedge or fence of any description whatsoever, or any ditch, bank, 
 
 or enclosure, or any wooden post, pale, or rail, set up or xisei as a 
 fence, or any wall, stile, or gate, or any part thereof respectively ; 
 every such offender, being convicted before a Justice of the Peace, 
 shall, for the first offence, forfeit and pay, over and above the value of 
 the article or articles so stolen, or the amount of the injury done, such 
 sum of money, not exceeding five pounds, as to the Justice shall seem 
 meet : And if any person so convicted shall afterwards be guilty of 
 any of the said offences, and shall be convicted thereof in like man- 
 ner, every such offender shall be committed to the common Gaol, 
 there to be kept to hard labour for such time, not exceeding twelve 
 calendar months, as the convicting Justice shall think fit. 
 
 XXXVI. And be it, &c., that if the whole or any part of any tree, Persons 
 sapling, or shrub, or any underwood, or any part of any fence of any feardl war- 
 description, or any post, pale, rail, wall, stile, or gate, or any part ™°^ iJ" f"'" 
 thereof, being of the value of one shilling at the least, shall by virtue trees.fences, 
 of a search warrant to be granted as hereinafter mentioned, be found ^rtngl^sk"- 
 in the possession of any person, or on the premises of any person, accmn?— 
 with his knowledge ; and such person being carried before a Justice Penalty.' 
 of the Peace, shall not satisfy the Justice that he came lawfully by 
 
 the same, he shall, on conviction by the Justice, forfeit and pay, over 
 and above the value of the article so found, any sum not exceeding 
 forty shillings. 
 
 XXXVn. And be it, &c., that whosoever shall unlawfully and Arsonof 
 maliciously set fire to any Dwelling House, any person being therein, Ho^Ly 
 shall be gulity of Felony, and being convicted thereof, shall suffer KeS-""* 
 
 Death. Death. 
 
 XXXVIII. And be it, &c., that if any person shall imlawfuUy A„on, 
 and maliciously set fire to any Church or Chapel, or to any Meeting 
 House or Chapel for the religious worship of persons dissenting from 
 the United Church of England and Ireland, or shall unlawfully and 
 maliciously set fire to any house, stable, coachhouse, oiithouse, ware- 
 house, ofiice, shop, mill, barn or granary, or to any building or erec- 
 tion used in carrying on any trade or manufacture, or any branch 
 thereof, whether the same or any of them respectively shall then be 
 in the possession of the offender, or in the possession of any other 
 person, with intent thereby to injure or defraud any person ; every 
 such offender shall be guilty of Felony, and being convicted thereof, 
 shall be liable to be imprisoned for any term not exceeding three 
 years ; and if a male, and the Court shall so think fit, to be once, 
 twice, or thrice publickly or privately whipped, after the expiration of 
 40 
 
314 
 
 BERMUDA ACTS, 
 
 [1839. 
 
 Riotously 
 demolishing 
 Churches or 
 Buildings, 
 
 Destroying 
 Ships, £c., 
 the life of 
 any person 
 being en- 
 dangered — 
 Death. 
 
 Destroying 
 Ships, &c. 
 
 Damaging 
 Ships, &c. 
 
 Killing or 
 maiming 
 Cattle. 
 (See 1860, 
 No. 8.) 
 
 four days from the time of sentence, in addition to such imprison- 
 ment. 
 
 XXXIX. And be it, &c., that if any persons riotously and tu- 
 multuously assembled together, to the disturbance of the public peace, 
 shall, unlawfully and with force, demolish, pull down, or destroy any 
 Church or Chapel, or any Meeting House or Chapel for the Religious 
 worship of persons dissenting from the United Church of England 
 and Ireland, or any house, stable, coachhouse, outhouse, warehouse, 
 office, shop, mill, barn or granary, or any building or erection used 
 in carrying on any trade or manufacture, or any branch thereof, shall 
 be liable to be imprisoned for any term not exceeding five years, and 
 if a male, and the Court shall so think fit, to be once, twice, or thrice 
 publickly or privately whipped, after the expiration of four days from 
 the time of such sentence, in addition to such imprisonment. 
 
 XL. And be it, &c., that whosoever shall unlawfully and 
 maliciously set fire to, cast away, or in any wise destroy any Ship or 
 Vessel, either with intent to murder any person, or whereby the life 
 of any person shall be endangered, shall be guilty of Felony ; and being 
 convicted thereof shall suffer death. 
 
 XLI. And be it, &c., that if any person shall unlawfully and ma- 
 liciously set fire to, or in any wise destroy any Ship, Vessel, or Boat, 
 whether the same be complete, or in an unfinished state, or shall un- 
 lawfully and maliciously set fire to, cast away, or in any wise destroy 
 any Ship, Vessel, or Boat, with intent thereby to prejudice any owner 
 or part owner of such Ship, Vessel, or Boat, or of any Goods on board 
 the same, or any person that hath underwritten or shall underwrite 
 any policy of Insurance upon such Ship, Vessel, or Boat, or on the 
 freight thereof, or upon any Goods on board the same ; every such 
 offender shall be guilty of Felony ; and being convicted thereof, shall 
 be liable to be imprisoned for any term not exceeding three years ; and 
 if a male, and the Court shall so think fit, to be once, twice, or thrice 
 publickly or privately whipped, after the expiration of four days from 
 the time of sentence, in addition to such imprisonment. 
 
 XLII. And be it, &c., that if any person shall unlawfully and ma- 
 liciously damage, otherwise than by fire, any Ship or Vessel, whether 
 complete or in an unfinished state, with intent to destroy the same, or 
 to render the same useless ; every such offender shall be guilty of 
 Felony ; and being convicted thereof, shall be liable, at the discretion 
 of the Court, to be imprisoned for any term not exceeding two years ; 
 and if a male, and the Court shall so think fit, to be once, twice, or 
 thrice publickly or privately whipped, after the expiration of four days 
 from the time of sentence, in addition to such imprisonment. 
 
 XLIII. And be it, &c., that if any person shall unlawfully and 
 maliciously kill, maim or wound any cattle, every such offender shall 
 be guilty of Felony ; and being convicted thereof, shall be liable, at 
 the discretion of the Court, to be imprisoned for any term not exceed- 
 ing two years; and if a male, and the Court shall so think fit, to be 
 once, twice, or thrice publickly or privately whipped, after the expi- 
 ration of four days from the time of sentence, in addition to such im- 
 prisonment. 
 
1839.] BEEMUDAACTS. 315 
 
 XLIV. And be it, &c., tliat if any person shall wilfully and ma- MaUciousiy 
 liciously commit any damage, injury, or spoil to or upon any real or an"pS?? 
 personal property whatsoever, either of a public or private nature, for effr.^''*'" , 
 which no remedy or punishment is hereinbefore provided, every such 
 person being convicted thereof before a Justice of the Peace, shall for- 
 feit and pay such sum of money as shall appear to the Justice to be a 
 reasonable compensation for the damage, injury, or spoil so committed, 
 not exceeding the sum of ten pounds ; — which sum of money shall, in 
 the case of private property, be paid to the party aggrieved, except 
 when such party shall have been fully examined in proof of the 
 offence, and in such case, or in case of property of a public nature, or 
 wherein any public right is concerned, the money shall be applied in 
 such manner as every penalty imposed by a Justice of the Peace, 
 under this Act, is hereinafter directed to be applied ; and if such sum 
 of money, together with costs (if ordered), shall not be paid, either im- 
 mediately after the conviction, or within such periods as the Justice 
 shall, at the time of the conviction, appoint, the Justice may commit 
 the offender to the common Gaol, there to be imprisoned only, or to be 
 imprisoned and kept to hard labour, as the Justice shall think fit, for 
 any term not exceeding two calendar months, unless such sum and 
 costs be sooner paid ; Provided always that nothing herein contained pioyIso. 
 shall extend to any case where the party trespassing acted under a fair 
 and reasonable supposition that he had a right to do the act com- 
 plained of. 
 
 XLY. And be it, &c., that every punishment and forfeiture by this ^auce^ 
 Act imposed on any person maliciously committing any offence, owner no't^ 
 whether the same be ijunishable upon indictment or upon summary «^^«°''^'- 
 conviction, shall equally apply and be enforced, whether the offence 
 shall be committed from malice conceived against the Owner of the 
 Property in respect of which it shall be committed, or otherwise. 
 
 XLYI. And be it, &e., that if any person shall steal, or rip, cut, stealing, 
 or break, with intent to steal, any glass or woodwork belonging to any *"' ^'""■'=^- 
 building whatsoever, or any lead, iron, copper, brass, or other metal, 
 or any utensil or fixture whether made of metal or other material 
 respectively, fixed in or to any building whatsoever, or any thing made 
 of metal fixed in any land being private property, or for a fence to any 
 dwelling house, garden, or area, or in any square, street, or other 
 place dedicated to public use or ornament ; every such offender shall 
 be guilty of Felony ; and being convicted thereof, shall be liable to be 
 punished in the same manner as in the case of simple Larceny ; and in 
 case of any such thing fixed in any square, street, or other place, it 
 shall not be necessary to allege the same to be the property of any 
 person. 
 
 XL VII. And for the punishment of depredations committed by Depreda- 
 tenants and lodgers, be it enacted that if any person shall steal any Je°„°nt3''and 
 chattel or fixture, let to be used by him or her in or with any house or lodgers. 
 lodging, (whether the contract shall have been entered into by him or 
 her, or by her husband, or by any person on behalf of him or her^ or 
 her husband) ; every such offender shall be guilty of Felony ; and being 
 convicted thereof, shall be liable to be punished in the same manner 
 as in the case of Simple Larceny : and in every such case of stealing 
 
316 BERMUDAACTS. [1839. 
 
 any chattel, it shall be lawful to prefer an indictment in the common 
 form as for Larceny ; and in every such case of stealing any fixture, to 
 prefer an indictment in the same form as if the Offender were not a 
 tenant or lodger ; and in either case to lay the property in the owner 
 or the person letting to hire. 
 
 By^cieiks XL VIII. And for the punishment of depredations committed hy 
 
 vants. clerks and servants in cases not punishable capitally, be it enacted that 
 if any clerk or servant shall steal any chattel, money, or valuable se- 
 curity belonging to or in the possession or power of his master, every 
 such offender, being convicted thereof, shall be liable, at the discretion 
 of the Court, to be imprisoned for any term not exceeding three years, 
 and if a male, and the Court shall so think fit, to be once twice or 
 thrice publickly or privately whipped, after the expiration of four 
 days after the time of sentence, in addition to such imprisonment." 
 
 mrar''^' XLIX. And for the punishment of embezzlement committed by 
 
 clerks and servants, be it declared and enacted, if any clerk or servant, 
 or any person employed for the purpose or in the capacity of a clerk 
 or servant, shall by virtue of such employment receive or take into his 
 possession any chattel, money, or valuable security, for, or in the name, 
 or on the account, of his master, and shall fraudulently embezzle the 
 same, or any part thereof, every such offender shall be deemed to have 
 fraudulently stolen the same from his master ; although such chattel, 
 money, or security was not received into the possession of such mas- 
 ter, otherwise than by the actual, possession of his clerk, servant, or 
 other person so employed ; and every such offender, being convicted 
 thereof, shall be liable, at the discretion of the Court, to any of the 
 punishments which the Court may award, as hereinbefore last men- 
 tioned. 
 
 Distinct em- L. And for preventing difficulties which might arise in the pros- 
 mayb?p?o1- ecutiou of the last mentioned offenders, be it enacted that it shall be 
 one'indfct- ^^^^^^ *o chargc iu the indictment and proceed against the offender 
 ment.° '° for any number of distinct acts of embezzlement, not exceeding three, 
 which may have been committed by him against the same master, 
 within the space of six calendar months from the first to the last of 
 such acts : and in every such indictment, except where the offence 
 shall relate to any chattel, it shall be sufficient to allege the embezzle- 
 ment to be of money, without specifying any particular coin or valu- 
 able security ; and such allegation, so far as regards the description of 
 the property, shall be sustained, if the offender shall be proved to have 
 embezzled any amount, although the particular species of coin or val- 
 uable security of which such anjount was composed shall not be proved ; 
 or if he shall be proved to have embezzled any piece of coin or valu- 
 able security, or any portion of the value thereof, although such piece 
 of coin or valuable security may have been delivered to him in order 
 that some part of the value thereof should be returned to the party 
 delivering the same ; and such part shall have been returned accord- 
 ingly. 
 
 False pie. LI. And whereas a failure of Justice frequently arises from the 
 
 subtle distinction between Larceny and Fraud; for remedy thereof, 
 be it enacted that if any person shall by any false pretence obtain from 
 
1839.] BERMUDA ACTS. 317 
 
 any other person any chattel, money, or valuable security, with intent 
 
 to cheat or defraud any person of the same ; every such offender shall 
 
 be guilty of a misdemeanour ; and being convicted thereof shall be 
 
 liable, at the discretion of the Court, to suffer such punishment by 
 
 fine or imprisonment, or both, as the Court shall award. Provided fJbl,'Tcq"vut- 
 
 ahoays, that if upon the trial of any person indicted for such misde- ted on proof 
 
 meanour, it shall be proved that he obtained the property in question ° "''""''■ 
 
 in any such manner as to amount in Law to Larceny, he shall not, by 
 
 reason thereof, be entitled to be acquitted of such misdemeanour : and 
 
 no person tried for such misdemeanour shall be liable to be afterwards 
 
 prosecuted for Larceny upon the same facts. 
 
 LII. And with regard to Eeceivers of stolen property, be it en- Receivers of 
 acted that if any person shall receive any chattel, money, valuable »^°^^^ ?■■»?- 
 security, or other property whatsoever, the stealing or taking whereof 
 shall amount to Felony, either at common Law or by virtue of this 
 Act, such person knowing the same to have been feloniously stolen or 
 taken, every such receiver shall be guilty of Felony, and may be in- 
 dicted and convicted either as accessory after the fact, or for a substan- 
 tive Felony ; and in the latter case, whether the principal Felon shall, 
 or shall not, have been previously convicted, or shall, or shall not 
 be amenable to Justice: and every such receiver, howsoever con- 
 victed, shall be liable to be imprisoned for any term, not exceed- 
 ing three years, and if a male, and the Court shall, so think fit, to 
 be once, twice, or thrice publickly or privately whipped, after the 
 expiration of four days from the tim^ of sentence, in addition to such Proviso. 
 imprisonment. Provided always, that no person, howsoever tried for 
 receiving as aforesaid, shall be liable to be prosecuted a second time 
 for the same offence. 
 
 LIII. And be it, &c., that if any person shall receive any Chat- mlyt^pros- 
 tel, money, valuable security, or other property whatsoever, the steal- '™^^^^°a„. 
 ing, taking, obtaining, or converting whereof is an indictable misde- ours. 
 meanour, either at Common Law or by this or any other Act of the 
 Legislature of these Islands, such person knowing the same to have 
 been unlawfully stolen,, taken, obtained, or converted ; every such 
 receiver shall be guilty of a misdemeanour, and may be indicted and 
 convicted thereof, whether the person guilty of the principal misde- 
 meanour shall or shall not have been previously convicted thereof, or 
 shall or shall not be amenable to Justice : — and every such receiver 
 shall, on conviction, be liable, at the discretion of the Court, to be 
 imprisoned for any term not exceeding two years ; and if a male, and 
 the Court shall so think fit, to be once, twice, or thrice publickly or 
 privately whipped, after the expiration of four days from the time of 
 sentence, in addition to such imprisoniflent. 
 
 LIY. And be it, &c., that where the stealing or taking of any ^ ^^^ 
 property whatsoever is by this Act punishable on sumjnary convie- ishatie sum- 
 tion, either for every offence, or for the first and second offence only, "*""^' 
 or for the first offence only, any person who shall receive any such 
 property knowing the same to be unlawfully come by, shall, on con- 
 viction thereof before two Justices^ of the Peace, be liable for any first, 
 second, or subsequent offence of receiving, to the same forfeiture and 
 punishment to which a person guilty of a first, second or subsequent 
 offence of stealing or taking sucK property is by this Act made liable. 
 
318 
 
 BERMUDA ACTS. 
 
 [1839. 
 
 How punish- 
 able OD sum- 
 mary con- 
 viction. 
 
 Offenders 
 may be ap- 
 prehended . 
 in the act, 
 without war- 
 rant. 
 
 Wncipaisin LY. And be it, &c., that in the case of any Felony punishable 
 ^ee°and^c- Under this Act, every principal in the second degree and every acces- 
 hoT^^ih- ^O''! before the fact, shall be punishable with death or otherwise in 
 able. the same manner as the priacipal in the first degree is by this Act 
 
 punishable : — And every accessory after the fact to any Felony pun- 
 ishable under this Act, (except only a receiver of stolen property), 
 shall, on conviction, be liable to be imprisoned for any term not ex- 
 Abettors, ceeding two years : and every person who shall aid, abet, counsel, or 
 l^rocure the commission of any misdemeanour punishable under this 
 Act, shall be liable to be indicted and punished as a principal of- 
 fender. 
 
 LYI. And be it, &c., that if any person shall aid, abet, counsel, 
 or procure the commission of any offence which is by this Act pun- 
 ishable on summary conviction, either for every time of its commis- 
 sion, or for the first and second time only, or for the first time only, 
 every such person shall, on conviction before a Justice or Justices of 
 the Peace, be liable for every first, second or subsequent offence of 
 aiding, abetting, counselling, or procuring, to the same forfeiture and 
 punishment to which a person guilty of a first, second, or subsequent 
 offence, as a principal offender, is by this Act made liable. 
 
 LYII. And for the more effectual apprehension and discovery of 
 all offenders punishable under this Act ; be it enacted that any per- 
 son found committing any offence punishable either upon indictment, 
 or upon summary conviction, by virtue of tliis Act, may be imme- 
 diately apprehended — without a Warrant, — ^by any Peace Officer, or 
 by the Owner of the Property on, or with respect to which the offence 
 shall be committed, or by his servant, or by any person authorized by 
 him, and forthwith taken before some neighbom-ing Justice of the 
 Peace, to be dealt with according to Law. And if any credible wit- 
 ness shall prove upon oath before a Justice of the Peace a reasonable 
 cause to suspect that any person has in his possession, or on his prem- 
 ises, any property whatsoever, in or with respect to which any such 
 offence shall have been committed, the Justice may grant a warrant 
 to search for such property — as in the case of stolen goods : — and any 
 person to whom any property may be offered, to be sold, pawned, or 
 delivered, if he shall have reasonable cause to suspect that any such 
 offence has been committed on or with respect to such property, is 
 hereby authorized, and if in his power, is required to apprehend, and 
 forthwith to carry before a Justice of the Peace the party offering the 
 same, — together with such property, — to be dealt with according to 
 Law. 
 
 Time of sum- LYIII. And bc it, &c., that the prosecution for every offence pun- 
 ishable on summary conviction, under this Act, shall be commenced 
 within three calendar months after the commission of the offence, and 
 Com etcnc ^'^^ othcrwise, and the evidence of the party aggrieved shall be ad- 
 of witnesses, mitted in proof of the offence, and also the evidence of any inhabitant 
 of these Islands, or of any Parish of these Islands, in which the offence 
 shall have been committed, notwithstanding any penalty or forfeiture 
 incurred by the .offence may be payable to the Public Treasurer of 
 these Islands, for the support of the Government of these Islands, or 
 to the Church Wardens of any such Parish, in aid of the Parish rates. 
 
 Search war- 
 rant. 
 
 Stolen prop- 
 erty may be 
 seized. 
 
 mary pros- 
 ecutions. 
 
1839.] BERMUDA ACTS. 319 
 
 LIX. And for the more eifectual prosecution of all offences pun- Mode of 
 isliable on summary conviction under this Act, be it enacted, that fjrsummary 
 when any person shall be charged on the oath of a credible witness, coOTiotion. 
 before any Justice or Justices of the Peace, with any such offence, 
 the Justice or Justices may siimmon the person charged to appear at 
 a time and place to be named in such summons, and if he shall not 
 appear accordingly, then (upon proof of the due service of the sum- 
 mons upon such person, by delivering the same to him personally, or 
 by leaving the same at his usual place of abode), the Justice or Justi- 
 ces may either proceed to hear and determine the case ex parte, or 
 issue his or their warrant for apprehending such person and bringing 
 him before himself, themselves or some other Justice or Justices of 
 the Peace ; or the Justice or Justices before whom the charge shall 
 be made, may, if he or they shall so think fit, without any previous 
 summons (unless when otherwise specially directed) issue such Warrant ; 
 and the Justice or Justices before whom the person charged shall ap- 
 pear or be brought, shall proceed to hear and determine the case. 
 
 LX. And with regard to the applications of all forfeitures and Application 
 penalties, upon summary convictions under this Act, be it enacted, mes!' 
 that every sum of money which shall be forfeited for the value of any 
 property stolen or taken, or for the amount of any injury done (such 
 value or amount to be assessed in each case by the convicting Justice 
 or Justices), shall be paid to the party aggrieved, if known, except 
 where such party shall have been examined in proof of the offence ; 
 and in that case, or where the party aggrieved is unknown, such sum 
 shall be applied in the same manner as a penalty ; and every sum 
 which shall be imposed as a penalty by a Justice or Justices of the 
 Peace, whether in addition to such value or amount, or otherwise, 
 shall lae paid to the Church Wardens of the Parish in which the 
 offence shall have been committed, to be applied in aid of the Parish 
 rates, as the Yestry of such Parish shall direct : Provided always, Proviso. 
 that when several persons shall join in the commission of the same 
 offence, and shall upon conviction thereof, each be adjudged to forfeit 
 a sum equivalent to the value of the property, or to the amount of the 
 injury, in every such case, no further sum shall be paid to the party 
 aggrieved than that which shall be forfeited by one of such offences 
 only ; and the corresponding sum or sums forfeited by the other offen- 
 der or offenders shall be applied in the same manner as any penalty 
 imposed by a Justice or Justices of the Peace is hereinbefore directed 
 to be applied. 
 
 LXI. And be it, &c., that in every case of a summary conviction imprison- 
 under this Act, when the sum which shall be forfeited for the value of Suito? pay- 
 the property stolen or taken, or for the amount of the injury done, or mmi. 
 which shall be imposed as a penalty by the Justice or Justices, shall 
 not be paid, either immediately after the conviction or within such 
 period as the Justice or Justices shall, at the time of the conviction, 
 appoint, it shall be lawful for the convicting Justice or Justices (un- 
 less where otherwise specially directed) to commit the offender to the 
 common Graol there to be imprisoned only, or to be imprisoned and ^gg^ ^^^ „, 
 kept to hard labour, according to the discretion of the Justice or i848,no. 20.) 
 Justices, for any term not exceeding two calendar months, when the 
 amount of the sum forfeited, or of the penalty imposes!, or of both. 
 
320 
 
 BERMUDA ACTS. 
 
 [1839. 
 
 Justices may 
 discharge 
 offenders 
 upon mak- 
 ing satisfac- 
 tion. 
 
 Pardon of 
 non pay- 
 ment of 
 money. 
 
 (as the case may be), together with the costs, shall not exceed five 
 pounds, and for any term not exceeding four calendar months, 
 where the amount with costs shall not exceed ten pounds ; and for 
 any term not exceeding six calendar months in any other case ; the 
 commitment to be determinable in each of tlie cases aforesaid upon 
 payment of the amount of the sum forfeited, or of the penalty, to- 
 gether with the costs. 
 
 LXII. Provided always, and be it, &c., that when any person 
 shall be summarily convicted before a Justice of the Peace of any 
 oifence against this Act, and it shall be a first conviction, it shall be 
 lawful for the Justice, if he shall so think fit, to discharge the ofi'ender 
 from his conviction upon his making such satisfaction to the party 
 aggrieved for damages and costs, or either of them, as shall be ascer- 
 tained by the Justice. 
 
 LXIII. And be it, &c., that it shall be lawful for His Excellency 
 the Governor or Acting Governor, for the time being, to extend the 
 Royal Mercy to any person imprisoned by virtue of this Act, although 
 he shall be imprisoned for non payment of money to some party other 
 than the Crown. 
 
 Simimary 
 Conviction 
 a Bar to 
 other pro- 
 ceedings. 
 
 Form of 
 Conviction. 
 
 LXIV. Ajid be it, &c., that in case any person imprisoned by vir- 
 tue of this Act shall have paid the sum adjudged to be paid, together 
 with the costs under such conviction, or shall have received a remis- 
 sion thereof from the Crown, or shall have sufi'ered the imprisonment 
 awarded for non-payment thereof, or the imprisonment adjudged in 
 the first instance, or shall have been discharged from his conviction 
 in the manner aforesaid, in every such case he shall be released from 
 all further or other proceedings from the same cause. 
 
 LXV. And be it, &c., that the Justice or Justices before whom 
 any person shall be convicted of any ofi'ence against this Act, may 
 cause the conviction to be drawn up in the following form of words, 
 or in any other form of words to the same eJ0Fect, as the case shall 
 requii-e — videlicet : — 
 
 Be it remembered that on the day of 
 
 in the year of our Lord at 
 
 Parish, in the Islands of Bermuda, A. O. is 
 convicted before me, J. P., one [or us, J. P. and S. T., two] of Her 
 Majesty's Justices of the Peace for the said Parish [or Islands], for 
 that the said A. 0. did [specify the offence, and the time and place 
 when and where committed, as the case may be, and, on a second con- 
 viction, state the first conviction], and I, the said J. P. [or we, the said 
 J. P. and S. T.], adjudge the said A. O., for his said offence, to be 
 imprisoned in the Gaol at [or to be imprisoned 
 
 in the and there kept to hard laboui-], for the 
 
 space of or I [or we] adjudge the said A. 
 
 O., for his said offence, to forfeit and pay [here state the penalty ac- 
 tually imposed, or state the penalty and also the value of the articles 
 stolen, or amount of injury done, as the case may be], and also to pay 
 
 the sum of 
 
 for costs : and in default of 
 
1839.] BERMUDA ACTS. 321 
 
 immediate payment of the said Sums — to be imprisoned in the 
 
 [or to he imprisoned in the 
 [or to he imprisoned in the and there kept to 
 
 hard lahonr], for the space of . unless the said 
 
 snms shall be sooner paid], or, and I [or we] order that the said sums 
 shall be paid by the said A. O. on or before the day 
 
 of , and I [or we] direct that the said sum of 
 
 [^. e., the penalty only] shall be paid to 
 and Church "Wardens of 
 
 Parish aforesaid, in which the said offence was committed, to be by 
 them applied according to the directions of the Act of the Legislature 
 in that case made and provided, or that the said sum of 
 
 \i. e., the penalty] shall be paid to, &c. [as before], and that the 
 said sum of [i. e., the valup of the articles stolen or 
 
 the amount of the injury done] shall be pain to C. D. [the party ag- 
 grieved — unless he is unknown, or has been examined in proof of the 
 offence, in which case state that fact, and dispose of the whole like the 
 penalty as before], and I [or we] order that the said sum of 
 
 for costs shall be paid to [the Com- 
 
 plainant]. 
 
 Given under my [or our] Hand and Seal the day and year first 
 above mentioned. 
 
 LXYI. And be it, &c., that in all cases where the sum adjudged *??«»'■ 
 to be paid on any summary conviction shall exceed five pounds, or the 
 imprisonment adjudged shall exceed one calendar month, any person 
 who shall think himself aggrieved by any such conviction, may appeal 
 to the next Court of General or Quarter Sessions of the Peace, which 
 shall be hold en not less than twelve days after the day of such convic- 
 tion ; Provided^ that such person shall give to the complainant a notice 
 in writing of such appeal, and of the cause and matter thereof, within 
 three days after such conviction, and seven clear days at the least 
 before such Sessions ; and shall also either remain in custody until the 
 Sessions, or enter into a recognizance, with two sufficient sureties, 
 before a Justice of the Peace, conditioned personally to appear at the 
 said Sessions, and to try such appeal, and to abide the judgment of the 
 Court thereupon, and to pay such costs as shall be by the Court 
 awarded : And upon such notice being given and such recognizance 
 being entered into, the Justice before whom the same shall be entered 
 into shall liberate such person if in custody. And the Court at such 
 Sessions shall hear and determine the matter of the appeal, and shall 
 make such order therein, with or without costs to either party, as to 
 the Court shall seem meet ; and in case of the dismissal of the appeal 
 or the affirmance of the conviction, shall order and adjudge the offender 
 to be punished according to the conviction and to pay such costs as 
 shall be awarded, and shall, if necessary, issue process for enforcing 
 such judgment. 
 
 LXYII. And be it, &c., that no such conviction or adjudication ^oChtUo- 
 made, or appeal therefrom, shall be quashed for want of form, or be '""' 
 removed by certiorari, or otherwise, into any of Her Majesty's Superior 
 courts of Eecord : — and no Warrant of Commitment shall be held void 
 by reason of any defect therein, provided it be therein alleged that the 
 
 41 
 
322 BERMUDAACTS. [1839. 
 
 party has been convicted, and there be a good and valid conviction to 
 sustain the same. 
 
 appSed"' LXVIII. And be it, .&c., that the Justice or Justices of the Peace 
 from to be before whom any person shall be convicted of any offence against this 
 re urne . ^^^^ upou bciug notified in writing of an appeal as aforesaid, shall 
 transmit the conviction to the next Court of General or Quarter Ses- 
 sions of the Peace which shall be holden not less than seven days after 
 such notice, there to be kept by the X-)roper ofiicer among the Kecords 
 of the Court. And upon any Indictment or Information against any 
 person for a subsequent offence, a copy of such conviction certified by 
 the proper officer of the Court, or proved to be a true copy, shall be 
 sufficient evidence to prove a conviction for the former offence ; and 
 the conviction shall be presumed to have been unappealed against 
 until the contrary be shown. 
 
 Protection LXIX. Aud for the protection of persons acting in the execution 
 
 aot?ngaader of this Act, bc it cuactod that all actions and prosecutions to be com- 
 thia Act. menced against any person for anything done in pursuance of this Act, 
 shall be commenced within six calendar months after the fact com- 
 mitted, and not otherwise : — and notice in writing of such action and 
 of the cause thereof shall be given to the defendant one calendar 
 month at least before the commencement of the action : — And in any 
 such action the Defendant may plead the general issue, and give this 
 Act and the special matter in evidence at the trial to be had there- 
 upon : — And no plaintiff shall recover in any such action if notice be 
 not given as aforesaid, or if tender of sufficient amends shall have been 
 made before such action brought, or if a sufficient sum of money shall 
 have been paid into Court, after such action brought, by, or on behalf 
 of, the defendant : And if a verdict shall pass for the Defendant, or 
 the Plaintiff shall become nonsuit, or discontinue any such action after 
 issue joined, or if upon demurrer or otherwise, judgment shall be given 
 against the Plaintiff, the Defendant shall recover his full costs as be- 
 tween Attorney and Client, and have the like recovery for the same 
 as any Defendant hath by Law in other cases : — And though a verdict 
 shall be given for the plaintiff in any such action, such plaintiff shall 
 not have costs against the Defendant unless the Judge before whom 
 the trial shall be, shall certify his approbation of the action and of the 
 verdict obtained thereupon. 
 
 statement of LXX. And in order to remove the difficulty of stating the names 
 o7prop"rty of all the owners of Property in the case of Partners and other joint 
 ^partners, Qwucrs, be it enacted that in any indictment or information for any 
 Felony or misdemeanour, wherein it shall be requisite to state the 
 ownership of any property whatsoever, whether real or personal, 
 which shall belong to or be in the possession of more than one person, 
 whether such persons be partners in trade, joint tenants, parceners or 
 tenants in common, it shall be sufficient to name one of such persons 
 and to state such property to belong to the person so named and 
 another or others, as the case may be ; and whenever in any indict- 
 ment or information for any felony or misdemeanour it shall be neces- 
 sary to mention for any purpose whatsoever, any partners, joint ten- 
 ants, parceners, or tenants in common, it shall be sufficient to describe 
 them in the manner aforesaid ; and this provision shall be construed to 
 extend to all Joint-Stock Companies and Trustees. 
 
1839.] BERMUDA ACTS. 323 
 
 LXXI. And be it enacted that in any indictment or information or Commis- 
 for any felony or misdemeanour, committed on, or witli respect to any Eoads! ° 
 materials, tools or implements, provided for making, altering, or re- 
 pairing any highway within either district of the Public Koads of 
 these Islands, it shall be sufficient to aver that any such things are the 
 property of the Commissioners of the Eoads, for the time being, of 
 such district ; and it shall not be necessary to specify the names of any 
 such Commissioners. 
 
 LXXII. And be it, &c., that whenever this or any other Act of J^'^'jp/'^'J: 
 the Legislature of these Islands — relating to any offence, whether tamexpres- 
 punishable by indictment or summary conviction, in describing or ^'°°'' 
 referring to the offence, or the subject matter on, or with respect to 
 which it shall be committed, or the offender, or the party affected, or 
 intended to be affected, by the offence, hath used or shall use words 
 importing the singular number or the masculine gender only, yet the 
 Act shall be understood to include several matters as well as one mat- 
 ter, and several persons as well as one person, and females as well as 
 males, and bodies corporate as well as individuals, unless it be other- 
 wise specially provided, or there be something in the subject or con- 
 text repugnant to such construction : — and whenever any forfeiture or 
 penalty is payable to a party aggrieved, it shall be payable to a Body 
 Corporate in every case where such Body shall be the party ag- 
 grieved. 
 
 LXXin. And whereas it is expedient that minor offences under jji^g,. „g^^. 
 this Act should be decided in a summary manner, — so as to avoid the ^g^™*^*' 
 expence and inconvenience of trying such cases at the Sessions or summarily. 
 Assizes ; therefore be it enacted, that every person who shall be ac- 
 cused of any simple larceny, or any other Felony or misdemeanour 
 made punishable under this Act like Simple Larceny, or of which the 
 punishment cannot exceed the punishment hereinbefore mentioned for 
 Simple Larceny, being apprehended and carried before any two Jus- 
 tices of the Peace, upon such offence being proved to the satisfaction 
 of such Justices, may be convicted of such offence by such Justices : 
 Provided always^ that such Justices shall in no case sentence any per- Proviso, 
 son so convicted \)j them to be whipped, or to be imprisoned for any 
 longer term than two calendar months, nor shall such Justices in any 
 such ease convict such offender, where the value of the ai-ticles stolen 
 or of the damage done exceeds five pounds ; nor shall anything in 
 this clause contained make it imperative upon such Justices to proceed 
 either to convict or to acquit such person so accused, where from any 
 circumstance it shall appear more proper to such Justices that such 
 case shall be tried or determined at the Sessions or Assizes. 
 
 LXXIY. And be it declared and enacted, that nothing iij this Act Not to re- 
 contained shall be deemed or construed to repeal the Act passed in Acts °f """ 
 the year one thousand six hundred and ninety-eight, to prevent the J^J- 
 stealing of oranges and other fruits ; or the Act passed in the year one ig^; 
 thousand eight hundred and thirty-one, to prevent the destruction of or their 
 cedar trees ; or the Act passed in the year one thousand eight hundred ^"nu* 
 and thirty four, for the regulation of the public Gaols in these Islands ; 
 or the Act passed in the year one thousand eight hundred and thirty 
 six, for improving the administration of criminal Justice in these 
 
324 
 
 BERMUDA ACTS. 
 
 I 
 
 1840. 
 
 Islands, or any other Act passed to renew, continue, or amend the said 
 Acts or either of them or any of the enactments therein. 
 
 Duration. LXXV. And be it, &c., that this Act shall commence in opera- 
 
 tion on the first day of August in this present year, and shall continue 
 in force from thence for seven years, and until the expiration of the 
 next Session of the Legislature after the expiration of that time. 
 
 [Amended and continued to the end of 1863, by Act of 1860, No. 8.] 
 
 1840. No. 4. 
 
 AN ACT for the Amendment of the Laws with respect to Wills. 
 
 [14 July, 1840.] 
 
 I. "We, &c., and he it enacted, &c.. That the words and ex- 
 Meaning of pressions herein after mentioned which in their ordinary significa- 
 worfs°m ^^^^ have a more confined or a different meaning shall, in this Act, 
 this Act. except where the nature of the provision Or the context of the Act 
 
 shall exclude such construction, be interpreted as follows (that is 
 to say) the word "Will," shall extend to a Testament, and to a 
 Codicil, and to an appointment by Will or by writing in the na- 
 ture of a Will in exercise of a power and to any other testa- 
 mentary disposition, and the words "real estate" shall extend to 
 messuages, lands, rents, and hereditaments, whether freehold or of 
 any other tenure, and whether corporeal or incorporeal or personal, 
 and to any undivided share thereof, and to any estate, right or in- 
 terest (other than a chattel interest) therein : and the words " per- 
 sonal estate" shall extend to leasehold estates and other chattels real, 
 and also to monies, shares of Government and other Funds, securities 
 for money (not being real estate), debts, choses in action, rights, 
 credits, goods and all other property whatsoever which by law de- 
 volves upon the Executor or Administrator, and to any share or 
 interest therein; and every word importing the singular number 
 only shall extend and be applied to several persons or things, as well 
 as one person or thing; and every word importing the Masculine 
 Gender only shall extend and be applied to a female as well as a 
 male. 
 
 II. And be it, &c.. That an Act passed in the thirty-second Year 
 of the Eeign of King Henry the Eighth, intituled The Act of Wills, 
 Wards, and Primer Seisins, whereby a Man may devise two parts of 
 his Land; and also an Act passed in the thirty-fourth and thirty-fifth 
 Years of the Eeign of the said King Henry the Eighth, intituled The 
 Bill concerning the explanation of Wills, or such parts of either of 
 such Acts as are in force in these' Islands, shall be and the same are 
 hereby repealed. 
 
 All proper- HI- And be it, &c., that it shall be lawful for every person to de- 
 Sspo^s^d'of ^^®^' bequeath or dispose of by his Will executed in manner herein- 
 by Will. after required, all real estate and all personal estate which he shall be 
 
 ' WUl," 
 
 *' Real es- 
 tate." 
 
 " Personal 
 estate." 
 
 Number. 
 
 Gender. 
 
 Repeal of 
 Statutes re- 
 lating to 
 Wills. 
 
1840.] 
 
 BERMUDA ACTS. 325 
 
 entitled to either at law or in equity at the time of his death, and 
 which if not so devised, bequeathed or disposed of, would devolve 
 upon the heir at law of him, or, if he became entitled by descent, of 
 his ancestor, or upon his executor or administrator ; and that the power 
 hereby given shall extend to all real estate, and also to eBtates pur au- 
 tre vie, whether there shall or shall not be any special occupant thereof, 
 and whether the same shall be freehold or of any other tenure, and 
 whether the same shall be a corporeal or an incorporeal hereditament ; 
 and also to all contingent, executory, or other future interests in any 
 real or personal estate whether the testator may or may not be ascer- 
 tained as the person or one of the persons in whom the same respect- 
 ively may become vested, and whether he may be entitled thereto 
 under the instrument by which the same respectively were created or 
 under any disposition thereof by deed or will ; and also to all rights 
 of entry for conditions broken and other rights of entry ; and also to 
 such of the same estates, interests and rights respectively, and other 
 real and personal estate, as the testator may be entitled to at the time 
 of his death, notwithstanding that he may become entitled to the same 
 subsequently to the execution of his "Will. 
 
 IV. And be it, &c., that if no disposition by will shall be made f^'^f °^g'"' 
 of any estate pur cmtre vie of a freehold nature, the same shall be 
 chargeable in the hands of the heir if it shall come to him by reason 
 of special occupancy as assets by descent, as in the case of free- 
 hold land in fee simple; and in case there shall be no special 
 occupant of any estate ^wr autre vie, whether freehold or of any other 
 tenure and whether a corporeal or incorporeal hereditament, it shall 
 go to the executor or administrator of the party that had the estate 
 thereof by virtue of the grant ; and if the same shall come to the exe- 
 cutor or administrator either by reason of a special occupancy or by 
 virtue of this Act, it shall be assets in his hands and shall go and be 
 applied and distributed in the same manner as the personal estate of 
 the testator or intestate. 
 
 • No will of a 
 
 Y. And be it, &c., that no Will made by any person under the person un- 
 
 „ ' ' -1 n 1 TJ J J i: derageval- 
 
 age 01 twenty-one years snail be valid. la. 
 
 YI. And be it, &c., that no Will made by any married woman Nor of a 
 shall be valid, except such a Will as might have been made by a mar- ''™* '=°™'^'- 
 ried woman before the passing of this Act. 
 
 VII. And be it, &c., that no Will shall be valid unless it shall be Every wm 
 in writing and shall either be entirely in the handwriting of the testator writing ana 
 himself and signed at the foot or end thereof by himself (to be proved pr^senc'^of 
 by the oath of two or more persons well acquainted with his hand- 1™ witness- 
 writing) or shall be executed in the manner hereinafter mentioned, entirely in 
 (that is to say) it shall be signed at the foot or end thereof by the of TeSmo 
 testator, or by some other person in his presence and by his direction, 
 and such signature shall be made or acknowledged by the testator, 
 in the presence of two or more witnesses present at the same time, 
 and such witnesses shall attest and shall subscribe the Will in the 
 presence of the testator ; but ho form of attestation shall be necessary. 
 
 Vlli. And be it, &c., that no appointment made by Will in exer- ^^°^^^ 
 cise of any power, shall be valid, unless the same shall either be wm to be 
 
326 BERMUDAACTS. [1840. 
 
 » 
 
 executed entirely in the handwriting of the person making such appointment 
 wuis'&o! and signed by such person at the foot or end thereof, or shall be exe- 
 cuted in manner hereinbefore required, and every WiU in the hand- 
 writing of the testator and signed by such testator or executed in 
 manner hereinbefore required, shall, so far as respects the execution 
 and attestation thereof, be a valid execution of a power of appointment 
 by Will, notwithstanding it shall have been expressly required that a 
 Will made in exercise of such power should be executed with some 
 additional or other form of execution or solemnity. - 
 
 Soldiers' and IX. Provided always, and be it, &c., that any Soldier being in 
 wmT'except- actual Military Service, or any Mariner or Seaman being at Sea, may 
 «''■ dispose of his personal estate as he might have done before the making 
 
 of this Act. 
 
 Act not to X. And be it, &c., that this Act shall not prejudice or affect any 
 
 ?Mons''of 11 of the provisions contained in an Act passed in the eleventh year of 
 
 wm.4, c°2o^ t^6 reign of His Majesty King George the Fourth, and the first year 
 
 asto wuis ' of the Eeign of His late Majesty King William the Fourth, intituled 
 
 officere, 4c. " An Act to amend and consolidate the Laws relating to the pay of 
 
 the Eoyal ISTavy," respecting the Wills of Petty Officers and Seamen 
 
 in the Eoyal Navy and Non Commissioned Officers of Marines, and 
 
 Marines, so far as relates to their wages, pay, prize money, bounty 
 
 money, and allowances, or other monies payable in respect of services 
 
 in Her Majesty's ISTavy. 
 
 Publication XI. And be it, &c., that every Will executed in manner herein- 
 not to be bcforc rcquircd shall be valid without any publication thereof. 
 
 requisite. >- <J x 
 
 wiiinotvoid XII. And be it, &c., that if any person who shall attest the 
 by incompe- exccution of a Will shall at the time of the execution thereof or at 
 nessf" ' any time afterwards be incompetent to be admitted a Witness to 
 
 prove the execution thereof, such Will shall not on that account be 
 
 invalid. 
 
 Gifts to an XIH. And bc it, &c., that if any person shall attest the execution 
 
 wHue'Sfobe °^ ^^^ ^Hl to whom or to whose wife or husband any beneficial 
 void. devise, legacy, estate, interest, gift, or appointment, of or affecting 
 
 any real or personal estate (other than and except charges and direc- 
 tions for the payment of any debt or debts) shall be thereby given or 
 made, such devise, legacy, estate, interest, gift, or appointment shall, 
 so far only as concerns such person attesting the execution of such 
 Will, or the wife or husband of such person, or any person claiming 
 under such person or wife or husband, be utterly null and void ; and 
 such person so attesting shall be admitted as a Witness to prove the 
 execution of such Will, or to prove the validity or invalidity thereof, 
 notwithstanding such devise, legacy, estate, interest, gift, or appoint- 
 ment mentioned in such Will. 
 
 Creditor XIV. And be it, &c., that in case by any Will any real or per- 
 
 attesting to soual ostatc shall be charged with any debt or debts, and any Creditor, 
 h. »,i™,ft.»rt ^^ ^j^^ ^.^^ ^^ husband of any Creditor whose debt is so charged, shall 
 attest the execution of such Will, such Creditor, notwithstanding such 
 charge, shall be admitted a Witness to prove the execution of such 
 Will, or to prove the validity or invalidity thereof. 
 
 be admitted 
 a witness. J 
 
1840.]^ BERMUDA ACTS. 327 
 
 XV. And be it, &c., tliat no person shall, on account of his being Executor to 
 an Executor of a Will, be incompetent to be admitted a witness to S wttn™™.^* 
 prove the execution of such "Will or a witness to prove the validity or 
 invalidity thereof. 
 
 XYI. And be it, &c., that every Will made by a man or woman win to be 
 shall be revoked by his or her marriage (except a Will made in exer- ^J".;^"^ 
 cise of a power of appointment, when the real or personal estate 
 thereby appointed would not, in default of such appointment, pass to 
 his or her heir, executor, or administrator, or the person entitled as 
 his or her next of kin, under the Act of the Legislature of the said 
 Islands of Bermuda, intituled " An Actfor the better settling of Intes- 
 tate Estates.") 
 
 XVII. And be it, &c., that no will shall be revoked by any pre- Nownito 
 sumption of an intention on the ground of an alteration in circum- ^^ prigump. 
 stances. «»n- 
 
 XVIII. And be it, &c., that no Will or Codicil or any part in what 
 thereof shall be revoked otherwise than as aforesaid, or by another ^ly^^'^^^^ 
 will or codicil executed in manner hereinbefore required, or by some revoked. 
 writing declaring an intention to* revoke the same, and executed in 
 
 the manner in which a will is hereinbefore required to be executed, or 
 by the burning, tearing or otherwise destroying the same by the testa- 
 tor, or by some person in his presence and by his direction with the 
 intention of revoking; the same. 
 
 't3 
 
 XIX. And be it, &c., that no obliteration, interlineation, or other j^^^ ^jj^j.^_ 
 alteration made in any Will after the execution thereof shall be valid tion in a 
 or have any effect, except so far as the words or effect of the will haVe\ny 
 before such alteration shall not be apparent, unless such alteration eSratea'af 
 shall be made in the handwi'iting of the Testator himself, or be exe- ^'W'"- 
 cuted in like manner as hereinbefore is required for the execution of 
 
 the will ; but the will, with such alteration as part thereof, shall be 
 deemed to be duly executed, if the signature of the testator or the sub- 
 scription of the witnesses be made in the margin or on some other 
 part of the will opposite or near to such alteration or at the foot or 
 end of, or opposite to, a memorandum referring to such alteration, 
 and written at the end or some other part of the will. 
 
 XX. And be it, &c., that no Will or Codicil or any part thereof Howrevok- 
 which shall be in any manner revoked, shall be revived otherwise be^lvea*." 
 than by the re-execution thereof or by a codicil executed in manner 
 hereinbefore required, and shewing an intention to revive the same ; 
 
 and when any will or codicil which shall be partly revoked and after- 
 wards wholly revoked, shall be revived, such revival shall not extend 
 to so much thereof as shall have been revoked before the revocation 
 of the whole thereof, unless an intention to the contrary shall be 
 shewn. 
 
 XXI. And be it, &c., that no conveyance or other Act made or when a ae- 
 done subsequently to the execution' of a Will of or relating to any ^e^i-enaered 
 real or personal estate therein comprised, except an Act by which moperative, 
 such will shall be revoked as aforesaid shall prevent the operation of 
 
 the will with respect to such estate or interest in such real or personal 
 
328 BEEMUDAACTS. [1840. 
 
 estate as the testator shall have power to dispose of by will at the 
 time of his death. 
 
 A Will to 
 speak from 
 
 elude. 
 
 XXn. And be it, &c., that every "Will shall be construed, with 
 thifeltatof reference to the real estate and personal estate comprised in it, to speak 
 and take effect as if it had been executed immediately before the death 
 of the testator unless a contrary intention shall appear by the will. 
 
 whatai-esi- XXIII. And be it, &c., that unless a contrary intention shall 
 thM^in^™" appear by the Will, such real estate or interest therein as shall be 
 comprised or intended to be comprised in any devise in such will con- 
 tained which shall fail or be void by reason of the death of the devisee 
 in the lifetime of the testator or by reason of such devise being con- 
 traiy to law, or otherwise incapable of taking effect, shall be included 
 in the residuary devise (if any) contained in such will. 
 
 What a gen- XXIY. And be it, &c., that a devise of the land of the testator, 
 sha'm-"^' or of the land of the testator in any place, or in the occupation of any 
 elude. person mentioned in his "Will, or otherwise described in a general 
 manner, and any other general devise which would describe a lease- 
 hold estate, if the testator had no freehold estate which could be de- 
 scribed by it, shall be construed to#include the leasehold estates of the 
 testator or any of them to which such description shall extend as well 
 as freehold estates unless a contrary intention shall appear by the 
 will. 
 
 What a gen- XXY. And be it, &c., that a general devise of the real estate of 
 tacS'/'"'" the testator, or of the real estate of the testator in any place, or in the 
 occupation of any person mentioned in his "Will, or otherwise described 
 in a general manner, shall be construed to include any real estate, or 
 any real estate to which such description shall extend, (as the case 
 may be), which he may have power to appoint in any manner he may 
 think proper, and shall operate as an execution of such power, unless 
 a contrary intention shall appear by ,the will ; and in like manner a 
 bequest of the personal estate of the testator, or any bequest of per- 
 sonal property described in a general manner, shall be construed to 
 include any personal estate, or any personal estate to which such de- 
 scription shall extend (as the case may be) which he may have power 
 to appoint in any manner he may think proper, and shall operate as 
 an execution of such power, unless a contrary intention shall appear 
 by the will. 
 
 Howa^de-^^ XXVI. And bc it, &c., that where any real estate shall be devised 
 words of to any person without any words of limitation, sneh devise shall be 
 Sfbl°con- construed, to pass the fee simple or other the whole estate or interest 
 strued. wMch the testator had power to dispose of by will in such real estate, 
 unless a contrary intention shall appear by the will. 
 
 How the 
 
 XXYn. And be it, &c., that in any devise or bequest of real or 
 words'" die personal estate the words " die without issue," or " die without leav- 
 £sue°" or ing issue," or " have no issue," oi; any other words which may import 
 I'eairing""'"' either a want or failure of issue of any person in: his life time or 
 ^su^e,'^ shall at the time of his death, or an indefinite failure of his issue, shall 
 Btrued. be construed to mean a want or failure of issue in the life time, or at 
 
1840.] BERMUDA ACTS. 320 
 
 the time of the death of such person, and not an indefinite failure of 
 issue, unless a contrary intention shall appear by the Will, by reason 
 of such person having a prior estate tail, or of a preceding gift being, 
 without any implication arising from such words, a limitation of an 
 estate tail to such person or issue or otherwise. Provided, that this i"™'''™. 
 Act shall not extend to such cases where such words as aforesaid im- 
 port if no issue described in a preceding gift shall be born, or if there 
 shall be no issue who shall live to attain the age, or otherwise answer 
 the description required for obtaining a vested estate, by a preceding 
 gift to such issue. 
 
 XXVIII. And be it, &c., that where any real estate shall be de- No devise to 
 vised to any trustee or executor, such devise shall be construed to pass EMcators,"^ 
 the fee simple or other the whole estate or interest which the testator ^em'shaii'' 
 had power to dispose of by Will in such real estate, unless a definite pass a chat- 
 term of years, absolute or determinable, or an estate of freehold, shall " . 
 thereby be given to him expressly or by implication. 
 
 XXIX. And be it, &c., that where any real estate shall be devised Trustees 
 to a trustee, without any express limitation of the estate to be taken uni^ted 
 by such trustee, and the beneficial interest in such real estate, or in Revise, &c., 
 
 1 1 -ipi/^ini- to take the 
 
 the surplus rents and profits thereOi, shall not be given to any person fee. 
 for life, or such beneficial interest shall be given to any person for life, 
 but the piirposes of the trust may continue beyond the life of such ' 
 person, such devise shall be construed to vest in such trustee the fee 
 simple, or other the whole legal estate which the testator had power 
 to dispose of by Will in such real estate, and not an estate determin- 
 able when the purposes of the trust shall be satisfied. 
 
 XXX. And be it, &c., that where any person to whom any real 
 estate shall be devised for an estate tail or an estate in quasi entail, Estate? tan 
 shall die in the life time of the testator leaving issue who would be ^^^^'1, ""' 
 inheritable under such entail, and any such issue shall be living at the 
 
 time of the death of the testator, such devise shall not lapse, but shall 
 take eflfect as if the death of such person had happened immediately 
 after the death of the testator, unless a contrary intention shall appear 
 by the Will. 
 
 XXXI. And be it, &e., that where any person being a child or 
 
 other issue of the testator to whom any real or personal estate shall Gifts to cmi- 
 be devised or bequeathed for any estate or interest not determinable other issue 
 at or before the death of such person, shall die in the life time of the i"s„e uvrng 
 testator leaving issue, and any such issue shall be living at the time of f"*"?' f',^ 
 the death of the testator such devise or bequest shall not lapse, but shaii not 
 shall take effect as if the death of such person had happened imme- '"p'^' 
 diately after the death of the ^estator, unless a contrary intention shall 
 appear by the Will. 
 
 XXXII. And be it further enacted, that this Act shall not extend 
 
 to any Will made before the first day of January one thousand eight to what 
 hundred and' forty-one, and that every Will re-executed or re-pub- SateTthis 
 lished, or revived by any Codicil, shall for the purposes of this Act be '^^1^^^^^'^°^ 
 deemed to have been made at the time at which the same shall be so 
 re-executed, republished or revived ; and that this Act shall not extend 
 42 
 
330 BERMUDA ACTS. [1840. 
 
 to any estate pur autre vie of any person who shall die before the first 
 day of January one thousand eight hundred and forty-one. 
 
 Act may be XXXIII. Aud be it further enacted , that this Act may be amended 
 amended, altered or repealed by any Act or Acts to be passed in this present 
 Session of the Legislature. 
 
 1840. No. 9. 
 
 AN ACT to repeal all the Laws relating to Powder Duty upon Ves- 
 sels, and to commute the said Duty. 
 
 [24 September, 1840.] 
 
 Preamble WHEKEAS an Act was passed by the Legislature of these Islands 
 
 ofi69o?i69f ^'^ ^^® y®^^ "^^^ thousand six hundred and ninety — one thousand six 
 i'03, ' hundred and ninety-one, intituled " an Act for Vessels paying Powder 
 n42| Money," — and one other Act was passed in the year one thousand 
 1786; seven hundred and three, intituled, " an additional Clause to an Act 
 '^^^ intituled ' an Act for Vessels paying Powder money' "■ — and one other 
 and that itis Act was passed in the year one thousand seven hundred and twenty- 
 to commuTe' thrcc, intituled, " a second additional clause to an Act intituled, ' an 
 Duty "and" -^-Ct for Vcssels paying Powder Money'" — and one other Act was 
 repeal them, passcd in the year one thousand seven hundred and forty-two, intituled 
 " an Act for collecting a duty of Gun Powder " — and one other Act 
 was passed in the year one thousand seven hundred and forty-four 
 intituled " an Act for altering and amending an Act entitled, ' an Act 
 for collecting a duty of Gun Powder ' " — and one other Act was passed 
 in the year one thousand seven hundred and eighty-six, intituled, " an 
 Act to re]3eal an Act, for collecting a duty of Gun-powder" — and one 
 other Act for altering and amending an Act entitled " an Act for col- 
 lecting a duty of Gunpowder " — and one other Act was passed in the 
 year one thousand seven hundred and eighty-six, intituled " an Act 
 for establishing a Fund for the repairs of the Fortifications of these 
 Islands, and more effectually providing such Powder and ammunition 
 as shall hereafter be found necessary to the defence and security of 
 this His Majesty's Government," — and one- other Act was passed in 
 the year one thousand eight hundred and sixteen, intituled " an Act 
 authorizing the Public Treasurer of these Islands to be the Eeceiver 
 of the Fund commonly called Powder Money." 
 
 And whereas several of the said Acts the titles whereof are above 
 recited, have been disallowed by some of your Majesty's Poyal Prede- 
 cessors, but under some of the said Acts a duty on Vessels has been 
 collected by the Secretary of these Islands, producing iipon an average 
 of seven years next preceding this present year, the annual sum of 
 seven liundred and forty-seven pounds four shillings and eight pence 
 of current money of these Islands ; and it is deemed expedient to 
 coiumutc the said duty upon the terms hereinafter mentioned ; and 
 ibr that purpose to repeal all the said Acts, or so many or such parts 
 thereof as may now be in force, and to place the annual sum of seven 
 
1840.] BERMUDA ACTS. 331 
 
 hundred and forty-eight pounds of current money of these Islands, as 
 an equivalent for the present average produce of the said duty, at the 
 disposal of the Governor and Council of these Islands, for defraying 
 the public charges of these Islands : 
 
 I. We, therefore, &c., and be it enacted, &c., that the said sev- ActB°nl''w'in 
 eral Acts, the titles whereof are hereinbefore recited, and each and force repeai- 
 every of them, and every enactment contained in the same, and in " ' 
 each and every of them now in force shall upon and from and after 
 
 the day of the commencement of this Act, bo repealed, and the same 
 hereby are repealed accordingly. 
 
 II. And be it, &c., that from and after the day of the commence- T'le annual 
 ment of this Act, the annual sum of seven hundred and forty-eight pf^ed at ' 
 pounds of current money of these Islands issuing out of the Public oTtheTov-' 
 Treasury of these Islands, shall be at the disposal of the Governor or ?,'°°'' j^^t'J, 
 Officer administering the Government of these Islands, and the Coun- be appi'ied 
 cil of these Islands, to be by them applied either in defraying the Se'l^h'argoT 
 charges to which the proceeds of the said duty on Vessels are now p° ™"J;)* "'^ 
 applied, or in defraying any Public charges of these Islands, and shall Duty is now 
 be paid by the Public Treasixrer of these Islands in four even and MyPubii°c 
 equal quarterly payments, on the sixth day of October, the sixth day l^.'^^t^ °' 
 of January, the sixth day of April, and the sixth day of July in e\'ery islands, .and 
 year after the commencement of this Act, to such person or persons byireasui-er 
 as shall be authorized by the Governor or Officer administering the payment"'^ 
 Government of these Islands for the time being, by and with the ad- 
 vice and consent of the Council of these Islands, to receive the same. 
 
 III. And be it, &c., that in case Her Majesty's assent to this Act in case the 
 shall be had and made known in these Islands on or before the sixth JJiXi^ Act"' 
 day of Julv in the vear one thousand eiffht hundred and forty one, !"= ■"^'^'^ 
 
 1 '^ ,-, A' ■'i r-i'i 1 n known on or 
 
 then the nrst quarterly payment ot the said annual sum ol seven before etu 
 hundred and forty eight pounds shall be payable on the sixth day of Ih/ir^^' 
 October in the same year : and in case such assent shall be had but ^ay^gnft„ 
 not made known in these Islands until after the said sixth day of be made on 
 July, one thousand eight hundred and forty-one, then a proportionate i84i. ° ° '' 
 part of one such quarterly payment shall be paid as aforesaid on the 
 quarter-day next succeeding the day of such assent being made known 
 in these Islands, and from and after that period the said annual sum 
 shall be paid in four even and equal quarterly payments in every year, 
 as hereinbefore provided. 
 
 IV. And be it, &c., that the said annual sum of seven hundred Annual sum 
 and forty eight pounds of current money of these Islands, shall be the'custo™ 
 charged and payable upon and out of the Eevenue wliicli shall be « ^^6 S- 
 received into the Public Treasury of these Islands under the Act of 8>iffij;<:°t. »" 
 
 -r-»T I'li'iip 1 {> ^ • i? TT"* *^^ General 
 
 Parliament passed m the third and fourth years oi the reign oi Ilmg Revenue ot 
 William the Fourth, intituled, " An Act to regulate the trade of the fZlns. 
 British Possessions abroad," or any other Act or Acts of Parliament 
 made or hereafter to be made in addition to, amendment, alteration or 
 extension of the said Act of Parliament : and in case such Eevenue 
 shall fit any time happen to be insufficient for that purpose, then the 
 amount of any such deficiency shall be charged and payable upon and 
 out of the General Eevenue of these Islands, received into the Public 
 Treasury, and not otherwise appropriated. 
 
332 
 
 BERMUDA ACTS, 
 
 [1840. 
 
 Accounts of 
 the purposes 
 to which it 
 shall be ap- 
 plied to be 
 laid before 
 the Assem- 
 bly. 
 
 Suspending 
 clause. 
 
 V. And be it, &c., that a full and particular account of the pur- 
 poses to which the said annual sum of seven hundred and forty eight 
 pounds shall be applied, shall be made up to the end of every year by 
 such person as the Governor and Council shall direct to perform that 
 duty ; and such account shall be laid before the House of Assembly 
 at its next session after the end of every year. 
 
 VI. Provided always, and be it, &c., that this Act shall not go into 
 operation before Her Majesty's assent thereto shall be had and made 
 known in these Islands — and if such assent shall be had and made 
 known in these Islands on or before the sixth day of July in the year 
 one thousand eight hundred and forty-one, this Act shall commence in 
 operation upon the said sixth day of July ; and if such assent shall be 
 had thereto but not made known in these Islands until after the said 
 sixth day of July, then this Act shall commence in operation upon the 
 day when such assent shall be made known in these Islands. 
 
 [This Act confirmed by the Crown, 1 April, 1841.] 
 
 1840. No. 11. 
 
 AN ACT to authorize the, Valuation and Purchase of certain Lands 
 and Tenements in Devonshire Parish for the Service of Her 
 Majesty's Ordnance. 
 
 [2 October, 1840.] 
 
 Preamble, "WHEEEAS Your Majesty's Governor and Commander-in-Chief 
 
 of these Islands has communicated to the Council and Assembly that 
 Your Majesty's Government has ordered a Survey of Land to be made 
 for erecting a permanent Barrack on the Main Island of Bermuda — 
 and His Excellency has also transmitted to the Council and Assembly 
 Copies of a Map or Plan of Survey of Lands at and about Prospect 
 Hill in Devonshire Parish in these Islands, and has recommended 
 that powers should be granted for valuing, taking up, and conveying 
 to the Principal Officers of 'Your Majesty's Ordnance such portion of 
 those Lands as may be required for that purpose, if the Principal 
 Officers of Ordnance should fix on any Land at or near Prospect Hill, 
 as the site of the said Barrack. And whereas some of the said Lands 
 are or may be the Estates of persons who are by Law disabled to 
 make contracts or conveyances for the same or may be absent from 
 these Islands, or may not agree with the Officers of Your Majesty's 
 Ordnance for the same ; and in order to promote Y'our Majesty's 
 Service and to prevent delays which might otherwise arise, it is 
 deemed expedient to niake such enactments as are hereinafter con- 
 tained : — 
 
 offlceis of I- We, therefore, &c., and be it enacted, &c., that it shall be law- 
 
 2uthTS ^"■^ ^"*^^ ^^ Principal Officers of Her Majesty's Ordnance in Great 
 to puvchase Britain, or for the Respective or other Chief Officer or Officers of Her 
 t^t'foAte Majesty's Ordnance in Bermuda, to treat and agree for the purchase 
 cording to" of, and for the said Principal Officers to take and hold in trust for Her 
 Act otis3T, Majesty, her Heirs and Successors for the Public Service, according 
 
1840.] BERMUDA ACTS. 333 
 
 to the provisions of an Act of the Legislature of ^hese Islands passed ^^llfl^^^ 
 in the year one thousand eight hundred and thirtv-seven, intituled 'n Devon- 
 " An Act for vesting all Estates and Property in the Bermuda Islands, °"''' ^'"'"^' 
 occupied for the Ordnance Service, in the Principal Officers of His 
 Majesty's Ordnance, and for granting certain power to the said Prin- 
 cipal OflScers," the several parcels of land and hereditaments, situate, 
 lying and being in Devonshire Parish in these Islands, and hereinafter 
 • described ; or any or either of them, or any part of any or either of 
 them, with the houses, buildings, and timber thereupon, and all other 
 their appurtenances — and all subsisting leases, terms, estates, rights 
 and interests whatsoever therein respectively : (that is to say,) : — All 
 that tract or parcel of land heretofore held by Joseph "Wood, deceased, 
 and now held by his Heirs, Devisees or Assigns, containing by recent 
 admeasurement thereof twenty-four acres and two roods or there- 
 abouts, abutting and bounded Southerly, by the High Eoad leading 
 from Devonshire Parish Church towards the Town of Hamilton ; 
 Northerly, partly by Lands formerly held by Daniel Trimingham, 
 deceased, partly by lands now or lately held by "William Hall Dar- 
 rell ; Easterly by lands now or lately held by Kichard Gilbert Dill, 
 and Westerly, by lands now or lately held by Josephus Darrell. Also, 
 a tract or parcel of land heretofore held by Daniel Trimingham, de- 
 ceased, and now held by his Heirs, Devisees or Assigns, containing 
 by recent admeasurement thereof thirteen acres, one rood and six 
 perches, or thereabouts, abutting and bounded. Southerly, by the said 
 tract of land formerly held by Joseph Wood ; Northerly, by lands 
 formerly held by Francis Trimingham, deceased ; Easterly, by lands 
 now or lately held by Eichard Gilbert Dill, and Westerly, by the said 
 lands now or lately held by William Plall Darrell. Also, a tract or 
 parcel of land heretofore held by Francis Trimingham, deceased, and 
 now held by his Heirs, Devisees or Assigns, containing by recent ad- 
 measurement thereof thirteen acres one rood and six perches, or there- 
 abouts, abutting and bounded Northerly, by lands now or lately held 
 by William Cox ; Easterly, by Lands now or lately held by Richard 
 Gilbert Dill ; Southerly, by the said Lands formerly held by Daniel 
 Trimingham, and Westerly, by lands formerly held by Solomon Joell 
 Stowe, deceased. Also a tract or parcel of land heretofore held by 
 Solomon Joell Stowe, deceased, and now or lately held by William 
 Hall Darrell, containing by estimation eight acres and twenty-three 
 perches, or thereabouts, abutting and bounded Southerly by the said 
 lands formerly of Joseph Wood, and lands now or lately held by 
 Josephus Darrell ; Northerly, by lands formerly held by the said 
 Solomon Joell Stowe, now or lately held by his son, the Reverend 
 Solomon John Stowe ; Easterly, by the said lands formerly held by 
 Francis Trimingham and Daniel Trimingham, or one of them, and 
 Westerly, by Lands now or lately held by Zaccheus Cox and his 
 children. Also, a' tract or parcel of land formerly held by the 
 said Jolomon Joell Stowe, and now or lately held by the Reverend 
 Solomon John Stowe, containing by estimation twelve acres and 
 twenty-five perches or thereabouts; abutting and bounded South- 
 erly, by the last described parcel of land ; Northerly, by lands 
 formerly held by John Hari'iott, deceased ; Easterly, by the said 
 lands formerly held by Francis Trimingham, deceased ; and Westerly, 
 partly by lands formerly held by Archibald Washington, deceased. 
 
334 BERMUDAACTS. [1840. 
 
 and partly by Lands now or lately held by Zaccheus Cox and his 
 children. Also, a tract or parcel of land now or lately held by Jo- 
 sephus Dan-ell, containing by recent admeasurement four acres and 
 thirty-nine perches, or thereabouts, abutting and bounded Southerly, 
 by the above mentioned Highway ; Northerly, by the said lands held 
 by William Hall Darrell ; Easterly, by the said lands formerly held 
 by Joseph Wood, and Westerly, partly by Lands now or lately held 
 by Eichard Darrell, and partly by lands now or lately held by Zac- » 
 cheus Cox ; and also a piece or slif) of land intended for a Koad, 
 being part of a parcel of land now or lately held by Susanna Sarah 
 Cox, Mary Dill Cox, Frances Emily Cox, and Henry George Cox ; 
 such piece or slip to measure in width not exceeding twenty-five feet 
 from North to South, and to extend in length in an Easterly direction 
 from the Public Eoad commonly called the " Dock Koad," to the 
 above-mentioned parcel of land held by the Keverend Solomon John 
 Stowe, and to be abutted and bounded JSTortherly by lands heretofore 
 held by Archibald Washington, now deceased ; Southerly, by the 
 residue of the said parcel of land held by the said Susanna Sarah Cox 
 and others : Westerly, by the said Koad called the Dock Koad, and 
 Easterly, by the said lands of Solomon John Stowe. 
 
 Notwith- II. Provided always, and be it, &c., that it shall be lawful for 
 
 mi'sdesMip- the said Officers of Her Majesty's Ordnance to contract for purchase 
 "°°- and take the said houses, lands and hereditaments notwithstanding 
 
 the particular description or quantity of such lands and hereditaments 
 or any of them, or the names of the owners, tenants or occuijiers 
 thereof respectively may happen through inadvertence to be mis- 
 stated, omitted, or improperly mentioned or spelt in this Act. 
 
 If any owner HI. And bc it, &c., that if any Owner, Occupier, Trustee, Eemme 
 son capaci-' Covort or othcr person seised, possessed of or interested in, or by this 
 or'the'ActS -^^^ °^ *^® ^^^^ "^'^^ passcd in the year one thousand eight hundred 
 1887 to sell, and thirty-seven, capacitated to sell and convey any of the houses, 
 to'treat,"or^ lauds, or otlicr hereditaments hereby aiithorized to be purchased, or 
 agree°with ^^J sharc, cstatc, right or interest in the same, shall neglect or refuse 
 oTo'rd''"^ to treat, or shall not agree with the Oificers of Her Majesty's Ord- 
 nance, vaiu- nance in the premises, or by reason of absence from these Islands, or 
 ml°d" 'by*"! ^^J disability or incapacity whether provided for by this Act or the 
 Jury- said Act passed in the year one thousand eight hundred and thirty- 
 
 seven, or not, shall be prevented from or incapable of making such 
 Agreement, Conveyance or Kelease as shall be necessary for enabling 
 the Principal Oflicers of Her Majesty's Ordnance to take such houses, 
 lands or other hereditaments or cannot be found or known, or shall 
 not produce or prove a clear title to the premises of which they may 
 be in possession, or of the share or interest therein which they may 
 claim to be entitled unto, or interested in, or capacitated to sell — or 
 in any other case when agreement for the purchase of any of the said 
 lands or other hereditaments hereby authorized to be purchased can- 
 not be made, then and in every such case. The Provost Marshal Gen- 
 eral of these Islands, or in case he shall be in any ways interested in 
 the matter in question — then The Coroner of these Islands, upon a 
 precept to be issued by The Chief Justice of Her Majesty's Court of 
 General Assize in manner hereinafter mentioned, shall be and they 
 
1840.] BERMUDA ACTS. 335 
 
 respectively hereby are authorized and required to cause it to be in- 
 quired into and ascertained upon the Oaths (or in case of being 
 Quakers upon the Affirmations) of a Jury of Seven substantial and 
 indifferent men of these Islands, (which oaths or affirmations the said 
 Chief Justice is hereby empowered and required to administer,) what 
 damages will be sustained by and what recompense and satisfaction 
 shall be made to such owners, occupiers, or other person or persons 
 interested, for the value of such houses, lands or other hereditaments, 
 and of the proportionable value of the respective Estates and Interests 
 of every person or persons seised or possessed thereof or interested 
 therein or of or in any part thereof, and such Jury shall thereupon 
 assess and award the sum or sums of money to be paid to such owners, 
 occupiers, or other person or persons, party or parties interested for 
 the purchase of such houses, lands or hereditaments, and of such 
 respective Estates and Interest therein, and also for any injury or 
 damage whatsoever, that may affect any such person or persons, party 
 or parties, for and on account of the taking of such houses, lands or 
 hereditaments for the purposes or under the authority of this Act ; and 
 in order thereto the said Provost Marshal G-eneral or Coroner is and 
 are hereby empowered and required, from time to time as occasion shall 
 require, to summon and call before the said Jury, and examine upon 
 oath, (or being Quakers upon affirmation) all persons whomsoever who 
 shall be thought necessary and proper to be examined as Witnesses 
 touching or concerning the premises (which oaths or affirmations the 
 said Provost Marshal General or Coroner is and are hereby empowered 
 to administer) ; and such Provost Marshal General or Coroner sh|ll 
 order and cause the said Jury to view the places in question, and use 
 all other lawful ways and means as well for his and their own as for 
 the said Jury's better information in the Premises as the said Provost 
 Mai-shal General or Coroner shall think fit : and upon each and every 
 such inquisition after the said Jury shall have inquired of, ascertained, 
 and settled such damages, recompense, and satisfaction, the said Pro- 
 vost Marshal General or Coroner shall reduce into writing under his 
 hand a minute of the verdict or inquisition of the said Jury, and of the 
 sum or sums of money so assessed by the said Jury to be paid by or on 
 behalf of the Principal Officers of lier Majesty's Ordnance to the said 
 Owners or Occupiers of or other person or persons interested in the 
 said Houses, Lands or Hereditaments. And for the summoning and 
 returning of such Jury or Juries the Chief Justice of Her Majesty's 
 Court of General Assize in these Islands is hereby empowered, upon 
 application for that purpose made to him by or on behalf of the 
 respective or other Chief Officers or Officer of Her Majesty's Ordnance 
 in these Islands, for the time being, to issue a precept under his hand 
 and the Seal of the said Colirt, to the said Provost Marshal General 
 or Coroner, to summon, impannel and return, at the Sessions House, 
 in the Town of Hamilton in these Islands, a Jury of not less than 
 Twelve, nor more than Twenty-four, substantial and indifferent men, 
 (qualified according to Law to be returned for Trials of Issues in tlie 
 said Court of General Assize), to appear before the said Chief Justice, 
 at the said Sessions House at such time as in such precept shall be 
 appointed : and six days notice at the least in writing under the hand 
 of the said Provost Marshal General or Coroner, of the time at whicli 
 such Jury are required to be returned shall be given to such Owners, 
 
336 BERMUDAACTS. [1840. 
 
 Occupiers, Trustees or other persons interested in the Premises, before 
 the time of the meeting of the said Jury, by delivering such notice to 
 such party, or by leaving the same at his or her usual place of abode, 
 or with some Tenant or Occupier of the Premises intended to be valued 
 — or in case there be no such Tenant or Occupier, by affixing copies 
 of such notice upon some conspicuous part of the Premises and upon 
 each of the Gates of the Yard of Devonshire Parish Church : — And 
 the said Provost Marshal General or Coroner is, and are hereby, em- 
 powered to impannel, summon and return such niimber accordingly : 
 and out of the persons so impannelled, summoned and returned, or out 
 of such of them as shall appear upon such summons, a Jury of seven 
 men shall be drawn by the said Provost Marshal General or Coroner, 
 and sworn before the said Chief Justice — who shall be the Jury for 
 the purposes aforesaid ; and in default of appearance of a sufficient 
 number of Jurymen, the said Provost Marshal General or Coroner, 
 shall return other substantial and indifferent men, of the standers by 
 or that can be speedily procured to attend that sendee (being qualified 
 as last aforesaid) to the number of seven. And it shall be lawful for 
 all persons concerned, by themselves, theii- Counsel, Solicitors and 
 Agents to attend and be heard and to adduce evidence before the said 
 Provost Marshal General or Coroner respectivelj"^ ; and such persons 
 shall also have their lawful challenges against any of the said Jurymen 
 when they come to be sworn, such challenges to be heard and deter- 
 mined by the said Chief Justice — but such persons shall not challenge 
 the array. — And after any Verdict shall have been foimd for the sum 
 to be paid by or on behalf of the Principal Officers of Her Majesty's 
 Ordnance as aforesaid, no person or persons shall be at liberty to ques- 
 tion or enquire whether the notices hereby required to be given were 
 or were not properly and duly given, or whether any of the other 
 requisite forms were or were not properly complied with, or whether 
 the Jury by whom such Yerdict was found was or was not properly 
 summoned, impannelled and constituted, but the several matters afore- 
 said shall be inquired into and ascertained by the Officer taking such 
 Inquisition before the Yerdict shall be given. 
 
 If Officers of IV. Providcd always, and be it, &c., that if in any case the Officers 
 So^°of "^ of Ordnance shall require or be desirous of purchasing only a part of 
 purcha^sing^ any parcel of land hereinbefore described, it shall be competent to the 
 any parcel Jury, bcsidcs asscssiug the value of or compensation for such part, 
 jL-y°be- also to inquire whether the residue of the same parcel of land and its 
 fng^'o*m-°^" appurtenances will be diminished in value to the proprietor thereof by 
 pensation taMng from it such part so required — and in that case to assess and 
 
 for such 
 
 part, may award a reasonable compensation for such diminution of value— and 
 plnsatior" if tlie Officers of Ordnance shall take such part only of the same parcel 
 is°hed T^'ue °^ ^^^^ under the provisions of this Act, then the amount of compen- 
 of residue, sation SO asscsscd and awarded for such diminution of value of the 
 
 residue thereof shall be paid in like manner with the assessed value of 
 
 or compensation for the part taken. 
 
 Minutes of V. And be it, &c., that the Minutes of the said Verdicts or In- 
 wui^iap™ quisitions being first signed by the Provost Marshal General or Coro- 
 iiT the''°s'"e*cre- °°^ taking the same, and having endorsed upon or annexed thereto 
 tary's Office, respectively, a list of the Jurors by whom the same were made, and a 
 
1840.] BERMUDA ACTS. 337 
 
 Map or Plan of the Land to which the same respectively relate, shall 
 be recorded in the Secretary's Office, and the same or true Copies 
 thereof shall he allowed to be good evidence in all Courts whatsoever 
 of the sum or sums of money assessed and awarded to be paid, and of 
 the Lands or other Hereditaments to which they relate respectively. 
 
 YI. And be it, &c., that if the said Provost Marshal General or Penalties on 
 Coroner, shall make default in the premises, he shall for every such provost" 
 offence forfeit and pay the sum of Twenty pounds of current money GenSaf, 
 of Bermuda, to the party who shall be prejudiced or injured thereby, ^^"^j^ 
 to be recovered with full Costs of Suit in Her Majesty's Court of ana wit- 
 General Assize ; and if any person so summoned and returned as '"^^'"^*' 
 aforesaid upon such Jury shall not appear, or appearing shall refuse 
 to be sworn (or, being a Quaker to make affirmation), or to give a 
 Verdict, or shall in any other manner wilfully neglect his duty, con- 
 trary to the true intent and meaning of this Act, or if any person so 
 summoned as a Witness shall not appear or appearing shall refuse to 
 be Sworn, (or being a Quaker to make affirmation) or give evidence, ^ 
 
 any person so offending, having no reasonable excuse (to be judged 
 of and determined by the said Provost Marshal General or Coroner), 
 shall forfeit and pay for every such offence to the party by whom or 
 on whose account any such Jury or Witnesses shall have been sum- 
 moned the sum of Ten Pounds of current Money of Bermuda,, which 
 said last mentioned penalty and forfeitiire shall and may be levied by 
 virtue of a Warrant under the Hand and Seal of any Justice of the 
 Peace in these Islands by Distress and sale of the goods and chattels 
 of the person so offending, rendering to him on demand the overplus 
 of the Money thereby produced (if any), after such Penalty and the 
 Charges and Expenses of such Distress and Sale shall have been de- 
 ducted. And all persons who in any examination to be taken by 
 virtue of this Ax;t upon their Oaths, (or being Quakers upon their CTwfnce!'''^ 
 Affirmation), shall wilfully and corruptly give false evidence before 
 any such Jury, or Provost Marshal General, or Coroner, shall and 
 may be prosecuted for the same, and upon conviction thereof shall be 
 subject to the pains and penalties to which persons guilty of wilful and 
 corrupt perjury shall or may by Law be subject or liable. 
 
 VII. And be it, &c., that each Juryman who shall be summoned 
 and who shall appear and be ready to be sworn or affirmed on any to ju?ymen, 
 such Inquisition shall be allowed for his travelling expenses to and ]^.oTosr°' 
 from the place of meeting, and for his trouble and subsistence the sum Marshal 
 of twenty-six shillings and eight pence of current money of these andoor- 
 Islands, for each and every day's attendance and no more : and that dSbur'sed^m 
 any witness demanding the same at the time of his attendance, shall ^an^^by ' 
 receive the same allowance as is by Law allowed to Witnesses attend- officers of 
 ing the Court of General Assize in Civil cases. And that the Provost 
 Marshal General or Coroner, for summoning, returning, and impan- 
 nelling the Jury and holding every such Inquisition inclusive of all 
 necessary summons, notices and returns to be made by him, shall be 
 allowed Six Pounds of like current money, and no more ; which re- 
 spective allowances in case of dispute shall be settled and determined 
 by the said Provost Marshal General or Coroner, subject to the revi- 
 sion of the Chief Justice aforesaid ; and that all the said allowances 
 43 
 
338 
 
 BERMUDA ACTS, 
 
 [1840. 
 
 And how 
 defrayed. 
 
 sLall be disbursed and paid in the first instance by tbe Kespective 
 Officers of Ordnance in these Islands. 
 
 Vm. And be it, &c., that in any case iii which the Verdict of a 
 Jury summoned as aforesaid, shall be given for the same or a greater 
 Sum than shall have been previously offered by the Officers of Ord- 
 nance for the purchase of any of the said Lands or other Heredita- 
 ments, hereby authorized to be purchased as aforesaid, all costs, 
 charges and expenses of summoning, impanelling and returning such 
 Jury and their attendance, and of the summoning and attendance of 
 "Witnesses, and of the Inquisition and Yerdict, and of Eecording the 
 same, shall be defrayed by the said Eespective Officers of Ordnance. 
 And such costs, charges and expenses shall be settled and determined 
 by the said Provost Marshal General or Coroner, subject to the revision 
 of the said Chief Justice : But if the Yerdict of the Jnrj shall be 
 given for a less sum than shall have been previously offered by the 
 Officers of Ordnance, one moiety of the said costs and expenses shall 
 be defrayed by the party with whom the Officers of Ordnance shall 
 have such controversy, and the remainder shall be defrayed by the 
 Officers of Ordnance ; and the former moiety of such costs, charges 
 and expenses, having been ascertained and settled in manner herein 
 before mentioned — and having been paid by the Kespective Officers 
 of Ordnance, shall be deducted and retained by them out of the mo- 
 ney awarded to be paid to such party as so much money advanced to 
 and for his use — and the payment or tender of the remainder of the 
 money so awarded, shall be deemed and taken to all intents and pur- 
 poses to be a good payment or tender of the whole thereof: Provided 
 always^ that in cases in which by reason of absence from these Islands, 
 or from any other incapacity or disability as aforesaid, there shall not 
 be found any person or persons legally capacitated to treat, agree, or 
 contract with the said Principal or Respective Officers of Ordnance — 
 the whole of such costs, charges, and expenses, to be settled and 
 determined in manner aforesaid, shall be paid by the said Kespective 
 Officers of Ordnance. Provided also, that an offer by the Officers of 
 Ordnance, to pay any such sum of money as aforesaid, for the pur- 
 chase of any lands or other hereditaments to be used or taken for the 
 pui'poses of this Act to such person as shall under the provisions of 
 this Act, or of the said Act passed in the year one thousand eight 
 hundred and thirty-seven, be found entitled to receive the same, or 
 into the Registry of the Coui-t of Chancery of these Islands, or other- 
 wise in such manner as the same money shall under the provisions of 
 this Act or of the said Act passed in the year one thousand eight 
 hundred and thirty-seven be applicable to the particular case, be of 
 right payable (such offer being made in writing and signed by any 
 one or more of the said Kespective Officers of Ordnance and delivT 
 ered to some inmate of the last or usual known place of abode of 
 the person authorized to sell the said lands or other hereditaments) 
 shall be a sufficient offer to pay such purchase money for the pur- 
 poses hereinbefore mentioned, without legal tender of such purchase 
 money. 
 
 jj^^^ IX. And be it, &c., that if any money shall Be agreed or awarded 
 
 agreed or to be paid for the purchase of any of the said houses, lands, or other 
 bepald^o" hereditaments hereby authorized to be purchased, or for any interest 
 
 ProviBO, as 
 to absentees, 
 
 Proviso, that 
 an offer in 
 writing by 
 the Officers 
 of Ordnance 
 in certain 
 cases, 
 shall be 
 equivalent 
 to a tender 
 of the 
 money. 
 
1840.] BEEMUDAACTS. 33d 
 
 therein which any Tenant for life or intail, or Feoffee in Trust, Execu- „n5e? ato-° 
 tor, Administrator, Husband, Guardian, Committee, or other Trustee, ^bmty^ &c.,^ 
 Feme Covert, or any person whomsoever for or on behalf of any Wife, StJthe Reg- 
 Ward, Idiot, Lunatic, or "Cestui que Trust, — whether Infants, issue un- oSt'ot''^ 
 born, Femes Covert, or any person whose Hereditaments are limited ^^^St' 
 in strict or ofher settlement, or any person under any other disability with accora- 
 or incapacity, or unborn, or not having the absolute interest therein, isir." 
 shall be entitled unto, interested in or hereby (or by the said Act 
 passed in the year one thousand eight hundred and thirty-seven,) 
 capacitated to convey, such money shall be paid into the hands of the 
 Registrar of the Court of Chancery of these Islands. And may be 
 dealt with and disposed of, under the direction of the said Court in 
 like manner as the monies authorized by the said Act passed in the 
 year one thousand eight hundred and thirty-seven, to be paid into the 
 hands of the said Registrar are thereby made liable to be dealt with 
 and disposed of. 
 
 X. And be it, &c., that in case any party to whom any Money n thepany 
 shall be agreed or awarded to be paid for the purchase of any Houses, money'shau 
 Lands, or other Hereditaments hereby authorized to be purchased as awarfld^to' 
 aforesaid, or for any other right or interest therein, shall refuse to ac- ''^jjf'*jj,je 
 cept the same, or cannot conveniently be found, or shall be absent to accept it, 
 from these Islands, or shall refuse, neglect, or be unable to make a ^omTAc-!"* 
 title to the satisfaction of the said Respective Officers of Ordnance, " S ^totte 
 for the purposes of this Act, to the Hereditaments, Right or Interest Registry, 
 for or in respect whereof such money shall be agreed or awarded to orair'of the 
 be paid, (or if any party entitled unto or capacitated to convey such '''""*■ 
 Hereditaments, right or interest shall not be known or cannot conven- 
 iently be found, or shall be absent from these Islands), or shall refuse 
 or neglect to convey the same, or shall not be shown to the satisfaction 
 of the said Respective Officers of Ordnance to be such party, then and 
 in every such case it shall be lawful for the said Officers to order the 
 Money so agreed or awarded as aforesaid, to be paid into the hands of 
 the Registrar of the said Court of Chancery to the credit of the parties 
 interested in the said Hereditaments describing them, as far as the 
 said Officers can do so, subject to the control and disposition of the 
 said Court — which said Court, on the application of any party making 
 claim to such Money or to any part thereof by Petition, is hereby em- 
 powered in a Summary way of proceeding or otherwise, as to such 
 Court shall seem meet, to order the same to be laid out and invested 
 in any public Funds or Government or Real Securities, and to order 
 distributibn thereof, or payment of the dividends and interest thereof, 
 according to the Estate, title or Interest of the Parties making claim 
 thereunto ; and to make such other order in the premises as to the 
 said Court shall seem proper : and the Registrar who shall receive 
 such Money is hereby required to give to the said Respective Officers 
 of Ordnance, or to any party paying any Money into his hands under 
 this Act, a Receipt for such Money specifying therein for what and 
 for whose use, described as aforesaid, the same is received. 
 
 XL Provided always and be it, &c., that where any question shall poJseMimof 
 arise in reference to the provisions aforesaid, or otherwise upon this de°medena- 
 Act (or the said Act passed in the Year one thousand eight hundred tiednntuthe 
 and thirty-seven), touching the title of any party to any Hereditaments them!^ 
 
340 BERMUDA ACTS. [1840. 
 
 or to any interest in any Hereditaments or to any Money to be paid 
 to the Eegistrar of the Court of Chanceiy in pursuance of this Act — 
 the parties respectively who shall have been in possession or receipt 
 of the rents or profits of such Hereditaments at the time of purchasing 
 the same, and all Corporations and persons claiming under such par- 
 ties, or under or consistently with the possession of such parties, shall 
 be deemed to have been lawfully entitled to such Hereditaments or to 
 such Interest therein or to such money as aforesaid accoi'ding to such 
 possession, until the contrary shall be shewn to the satisfaction of the 
 said Court. 
 
 considera- XII. Providcd always, and be it, &c., that all sums of money or 
 
 to be'paid' othcr cousidcration, recompense or satisfaction to be made or paid pur- 
 
 clra'cTf o?d- suant to any such Agreement or Verdict as aforesaid, shall be paid or 
 
 °o?s?ssk>n^ tendered to the party or parties entitled to the same, or into the hands 
 
 or make use of the Kegistrar of the Court of Chancery, as herein directed, before 
 
 ofgiound. ^j^g Ofiicers of Ordnance, or any person authorized by them, shall 
 
 proceed to take possession of any House or Building comprised in, or 
 
 affected by such Agreement or Yerdict respectively, or to use the 
 
 Ground for any of the purposes of this Act. 
 
 Upon pay- XIH. And bc it, &c., that upon payment or legal tender of such 
 
 deTof°com°" Sums of Money as shall have been agreed upon between the parties, 
 pensation qj. awarded by a Jury in manner aforesaid, for the purchase of any of 
 
 money with- . ^_. «/ — -^ , _^ . ' ^ i- ^ , t'^ 
 
 in twelve the said Hoiiscs, Lands and other Hereditaments hereby authorized to 
 betagapeed be purchascd, as aforesaid, to the respective Proprietors of such He- 
 awardTd rcditamcuts, or other persons respectively interested therein and enti- 
 the lands tlcd accordiug to the provisions of this Act to receive such Money or 
 Officers of Satisfaction or compensation respectively, within Twelve Calendar 
 S"^?™? for Months next after the same shall have been so agreed upon or awarded ; 
 the Crown, qj. -^heuever any of the respective cases shall happen wherein such 
 purchase Money is herein before or by the said Act passed in the Tear 
 one thousand eight hundred and thirty-seven, authorized or directed 
 to be paid to the Eegistrar of the Court of Chancery, — ^Then upon 
 payment of the same to the said Eegistrar in manner, in such case 
 herein before or by the said last mentioned Act authorized or directed 
 — ^Thereupon such Hereditaments and the fee simple and Inheritance 
 thereof, and all the Estate, Use, Trust and Interest of all parties therein 
 — whose Estates, Eights, and Interests shall have been purchased and 
 compensated for by such payment, shall thenceforth be vested in the 
 Principal Ofiicers of Her Majesty's Ordnance, for the time being, and 
 their Successors in Ofl[ice, in trust for Her Majesty, her heirs and Suc- 
 cessors, for the Public Service as aforesaid : And the Officers of Her 
 Majesty's Ordnance shall not be bound to see to the application of 
 any such purchase Money — And such payment or tender as herein 
 before mentioned, or such Deposit with the Eegistrar, as aforesaid, 
 shall operate to bar and destroy all Dower, and all Estates Tail and 
 other Estates in Eeversion and Eemainder — and all rights, titles, lim- 
 itations and Trusts whatsoever of and in the said Hereditaments. 
 
 Compulsory XIV. And be it further enacted, that the powers by this Act 
 derthisTct granted for compelling the sale of the Houses, Buildings, pieces or 
 to cease, parccls of lauds and other hereditaments specified herein, or any of 
 them, or any part of them, or of any of them, shall cease and not be 
 
 unless the 
 compensa- 
 
1840.] BEEMUDAACTS. 341 
 
 applicable to any such hereditaments unless the amount of the value tion,4o., 
 or compensation to be paid for such hereditaments shall be agreed twelve 
 upon or awarded, as aforesaid, within Twelve Calendar Months from AoT^ein^""' 
 the time of this Act being assented to by His Excellency The Gov- ^^^j^^^j'^" 
 ernor, and shall be actually paid, or tendered to be paid, within or tendered 
 Twelve Calendar Months from the time of being so agreed upon or J^*t° 
 
 Q Tjra rrl pri months from 
 
 awaraea. being agreed 
 
 upon or 
 [The time limited by the last clause of this Act extended for 12 months by Act of awarded. 
 1841, No. 9.] 
 
 1840. No. 12. 
 
 AN ACT to amend an Act intituled " An Act for ereclAng a Puhlic 
 Building in the Town of Saint George." 
 
 [2 October, 1840.] 
 
 WHEREAS by the Act of the Legislature of these Islands, passed preamble. 
 in the year one thousand eight hundred and thirty-two — intituled, 
 "An Act for erecting a Public Building in the Town of Saint George" 
 — the Committee therein named, or a majority of them, were author- 
 ized to erect the Building therein mentioned upon the lot of Land 
 therein particularly described, which was purchased and vested in the 
 Crown, by virtue of, and for the purposes contemplated by, the said 
 Act. And whereas the erection of the said Building has not yet been 
 commenced — and it is deemed expedient that the site of the contem- 
 plated Building should be altered— and that the said lot of Land 
 should be reserved for a Public Street and thoroughfare — and be 
 vested in the Crown for the last mentioned purpose : And whereas a 
 certain parcel of Land in the said Town of Saint George, now or 
 lately occupied by one Mary Burgess, and hereinafter described, is 
 deemed an eligible site for the said building — and has been offered 
 for this purpose at the price of two hundred and fifty pounds of cur- 
 rent money of Bermuda, and it is expedient to purchase and vest 
 the same in the Crown for the purposes contemplated by the said 
 Act:-— 
 
 I. We, therefore, &c., and be it enacted, &c., that the said Lot of \^°^f^^^ 
 Land in the said Act described, situate in the said town of Saint purchased 
 George, and axljoining the Public Square, be, and remain vested in Buuding, 
 Her Majesty, Her Heirs and Successors, for ever, as and for a Public 0^0'^',"*! 
 Street and Thoroughfare, instead of being; built upon as was by the Pubiic 
 
 •JAixl-jiT-T ■ '^ thorough- 
 
 said Act authorized to be done. fare. 
 
 II. And be it, &c., that th& Committee appointed by the said committee 
 Act, or a majority of them, be, and they hereby are authorized to for'and^puV 
 contract for and purchase from the Proprietor thereof, at a price not ^gp^g^.^"']'" 
 exceeding two hundred and fifty pounds of current money aforesaid, lotofiana, 
 the parc^ of Land hereinafter described, (that is to say,) all that cer- 
 tain piece or parcel of Land (now or lately occupied by Mary Burgess) 
 situate in the said Town of Saint George, at the Eastward of the 
 
 house formerly of John Lewis the elder, deceased, bounded on the 
 
342 BERMUDA ACTS. [1840. 
 
 North by Land of William Gibbons, and there measuring fifty-five 
 feet, (or thereabouts,) on the East by a Public Street, (called Cumber- 
 land Street,) and there measuring seventy-five feet, (or thereabouts,) 
 on the South by a Public Street (called Tork Street,) and there meas- 
 uring fifty-five feet (or thereabouts,) and on the West by the residue 
 of the said Land, formerly of John Lewis deceased, now occupied by 
 the said Mary Burgess, and there measuring seventy-five feet, (or 
 thereabouts,) with the appurtenances. And the Public Treasurer is 
 hereby authorized and required to pay to the order of the said Com- 
 mittee, or a majority of them, from and out of the sum of Eight 
 Hundred Pounds in and by the said Act granted for the erection of 
 the said Building, a sum of money not exceeding two hundred and 
 fifty pounds of current money aforesaid for the purchase of the said 
 last mentioned parcel of Land, for the pm-pose of erecting the said 
 Building thereon, as hereinafter mentioned. 
 
 which, when III. And be it, &e., that when and so soon as the said purchase 
 aSd'pS'dfor, of the last mentioned parcel of Land shall be completed, and the 
 ta the Crown purchase money paid for the same to the proprietor thereof, the said 
 '"o'ses onhe ^^^^ mentioned parcel of Land shall thereupon be and become vested 
 Act of 1832. in Her Majesty, Her Heirs and Successors, for ever, for the purposes 
 contemplated in the said Act. 
 
 Committee lY. And bc it, &c., that the said Committee, or a majority of 
 
 Bnu'^ng** them, be, and they hereby are authorized and required to erect, or 
 
 thrdto'D"' cause to be erected, on the last mentioned parcel of land, a stone 
 
 sions speci- Buildiug for the purposes and containing the apartments in the said 
 
 *"*■ Act described. Provided always^ that if the said Committee, or a 
 
 majority of them, shall deem it expedient, it shall be lawful for them 
 
 to make the said Building, instead of the dimensions specified in the 
 
 said Act, of any other dimensions they may deem more eligible, not 
 
 exceeding in area fourteen hundred square feet, including the thickness 
 
 of the walls thereof, and not exceeding twenty feet from the ground 
 
 to the wall-plate. 
 
 Treasurer to Y. And bc it, &c., that the the Public Treasurer be, and he 
 
 fSher'sum* hcrcby is authoiized and required to pay to the order of the said 
 
 of £250. Committee, or a majority of them, out of any unappropriated monies 
 
 in the Public Treasury, the sum of Two hundred and fifty pounds of 
 
 current money aforesaid, in addition to the sums granted by the said 
 
 Act. 
 
 Act of 1832 YI. And be it, &c., that in all respects, except as is herein other- 
 respects, to wise provided, the said Act passed in the Year one thousand eight 
 fo"e!" "" hundred and thirty-two shall remain in full force. 
 
 [The lot of land purchased tinder section 2, of this Act, was authorked to be sold by 
 Act of 1852, No. 18. 
 
 See also 1852, No. 18, repealing this Act, except the first section thereof.] 
 
1840.] BERMUDA ACTS. 343 
 
 1840. No. 13. 
 
 AJST ACT for Braining certain Marshes in, the Parish of Pemhrohe. 
 
 [6 October, 1840.] 
 
 WHEREAS by an Act of the Legislature of these Islands passed Preamble. 
 in the Year one thousand eight hundred and thirty-seven— intituled 
 " An Act for the encouragement of th6 drainage of Marsh Lands," a 
 certain Sluice Gate and experimental Canal were authorised to be 
 made for draining one of the Marshes of these Islands under the direc- 
 tion of a certain Committee appointed by the said Act : And whereas 
 the said Sluice Gate and Canal were accordingly made and constructed 
 for the Western Marsh of Pembroke Parish, (being one of the Marshes 
 hereinafter described), which said Canal has since been extended by 
 several of the Proprietors of the said Western Marsh at their own ex- 
 pense. And Whereas a Committee of the Society called " the Ber- 
 muda Agricultural Society," has since reported to the several Branches 
 of the Legislature of the said Islands, that the experiment of Marsh 
 Drainage authorized by the said Act (so far as the same has yet been 
 carried), has been successful. And Whereas in the said Parish of 
 Pembroke are two Marshes (distinguished as the Eastern and Western 
 Marshes of the said Parish), containing (by estimation) One hundred 
 and twenty -five Acres, or thereabout — and bounded and described as 
 follows, (that is to say) : the said Eastern Marsh is bounded on the 
 North by Lands of Thomas Hall, lands adjoining the Government 
 House, and lands of Sarah Stowe, lands of the Glebe of the said 
 Parish, and other lands late of the Honorable Samuel A. Smith^ — ^on 
 the East by lands late of Elizabeth Burch — on the South by lands late 
 of the said Samuel A. Smith, by the said Glebe land, by lands of 
 Daniel Yaughn and others, by lands of the Corporation of Hamilton 
 and of Alexander Ewing— and on the West by the last mentioned 
 lands of the said Alexander Ewing ; — and the said WestShi Marsh is 
 bounded on the North by lands of William White, by lands now or 
 late of Mary P. Godfrey, by lands late of John Walker and others, 
 by the School lands, by lands of John Eve and others, and by lands 
 of Eichard Wood — on the East, by lands of Nicholas A. James — on 
 the South by the last mentioned land, and by land late of the Cor- 
 
 ? oration aforesaid, by lands of the Honorable Robert Kennedy, of Sir 
 William C. H. Burnaby, of William Joell, of the School aforesaid, by 
 land of John Bluck, and by lands late of Joseph Wood, by lands late 
 of John Walker, and by lands of the said William White — and on 
 the West by the Sea. 
 
 And Whereas a Petition hath lately been preferred to the Legisla- . 
 ture aforesaid by many of the principal Proprietors of the said Marshes 
 of Pembroke, setting forth (amongst other things) the expediency of 
 extending the said Canal to the Eastward and of raising and strength- 
 ening the Dyke, and adopting proper regulations for keeping the works 
 in repair, and praying to be enabled to effect the drainage of the said 
 Pembroke Marshes. 
 
344 
 
 BERMUDA ACTS, 
 
 [1841. 
 
 And Whereas the said Marshes for want of a proper outfal to the 
 Sea, are liable to be overflowed and much injured by "Waters — ^but 
 are capable of being drained and thereby greatly improved — ^but these 
 objects cannot be eifected without the aid and authority of the Legis- 
 lature. — 
 
 I. We, therefore, &c. 
 
 [The rest of this Act has expired, and other enactments have been substituted, as to 
 these Lands, by Act of 1851, Session 2, No. 8.] 
 
 1841. No. 2. 
 
 AN ACT for the Safe Custody of Insane Persons clia/rged with 
 
 Offences. 
 
 [28 April, 1841.] 
 
 Persons 
 tried and 
 acquitted on 
 account of 
 insanity to 
 be kept in 
 custody un- 
 til removed 
 to any 
 Asylum. 
 
 Persons in- 
 dicted and 
 found in- 
 sane, or 
 found in- 
 sane upon 
 tlieir trial, 
 or wlien 
 about to be 
 disciiarged 
 for want of 
 prosecution, 
 to be iiept in 
 custody, &c. 
 
 WHEREAS persons charged with High Treason, Murder, Felony 
 or other Offence, may have been or may be of unsound mind at the 
 time of committing the Offence wherewith they may have been or 
 shall be charged, and by reason of such insanity may be found not 
 guilty of such offence ; and it may be dangerous to permit persons so 
 acquitted to go at large : — 
 
 I. We, &c., and be it enacted, &c., that in all cases when it shall 
 be given in evidence upon the trial of any person charged with any 
 treason, murder, felony or other offence, that such person was insane 
 at the time of the commission of such offence, and such person shall 
 be acquitted, the Jury shall be required to find specially whether such 
 person was insane at the time of the commission of such offence, and 
 to declare whether such person was acquitted by them on account of 
 such insanity ; and if they shall find that such person was insane at 
 the time of committing such offence, the Court before whom such trial 
 shall be haa shall order such person to be kept in strict custody, in 
 such place and in such manner as to the Court shall seem fit, until the 
 pleasure of the Governor or other Oflicer administering the Govern- 
 ment of these Islands shall be known ; and it shall thereupon be lawful 
 for the Governor or Officer administering the Government of these 
 Islands, by and with the advice of the Council, to give such order as 
 to them shall seem fit for the removal to, and safe custody of such 
 person in any Asylum or other place which shall be provided by the 
 Colony for the reception of insane persons. 
 
 II. And be it, &c., that if any person indicted for any offence 
 shall be insane, and shall upon arraignment be found so to be, by a 
 Jury lawfully impannelled for that purpose, so that such person 
 cannot be tried upon such indictment, or if upon the trial of any 
 person so indicted, such person shall appear to the Jury charged with 
 such indictment to be insane, it shall be lawful for the Court before 
 whom such person shall be brought to be arraigned, or tried as afore- 
 said, to direct such finding to be recorded, and thereupon to order 
 
1841.] BERMUDA ACTS. 345 
 
 such person to be kept in strict custody until the pleasure of the 
 Governor or other Officer administering the Government of these 
 Islands shall be known : and if any person charged with any oifence 
 shall be brought before any Court to be discharged for want of prose- 
 cution, and such person shall appear to be insane, it shall be lawful 
 for such Court to order a Jury to be impannelled to try the sanity of 
 such person ; and if the Jury so impannelled shall find such person to 
 be insane, it shall be lawful for such Court to order such person to be 
 kept in strict custody in such place and in such manner as to such 
 Court shall seem fit, until the pleasure of the Governor or other 
 Officer administering the Government of these Islands shall be known ; 
 and in all cases of insanity so found it shall be lawful for the Governor 
 or other Officer administering the Government of these Islands, by and 
 with the advice of the Council, to give such Order as to them shall 
 seem fit, for the removal to, and safe custody of such person so found 
 to be insane, in any Asylum or other place which shall be provided 
 by the Colony for the reception of insane Persons. 
 
 III. And be it, &c., that nothing in this Act contained shall be Not to pre- 
 construed to extend to restrain or prevent any relation or friend of any Jri°ndTf an 
 insane person confined under the provisions of this Act, from taking insane per- 
 such insane person under his or her own care and protection, if he or flMd^taWng 
 she shall enter into sufficient recognizance for the peaceable behaviour p^^onu*"-* 
 or safe custody of such insane person, before two Justices of the aerwscare 
 Peace, or the Court of General Assize, or one of the Judges of the said Snc"°^ 
 Court. 
 
 IV. And be it, &c., that if \ipon examination it shall appear to if Physician 
 the Physician or Surgeon of the Gaol, or other place of confinement, of laofc°e°- 
 in which any person shall be confined as an insane person under the *„Jh con- 
 provisions of this Act, that such person is not a dangerous Lunatic or fined person 
 a dangerous Idiot, and that such person may be suffered to go at gerous, got- 
 large with safety, it shall and may be lawful for such Physician, or co"uncii'may 
 Surgeon, and he is hereby required, to give a Certificate to that effect ^^'J^^ti'on 
 signed by him, and to transmit the same forthwith to the Governor, 
 
 or other Officer administering the Government of these Islands for 
 the time being, who, by and with the advice and consent of the Coun- 
 cil, if they shall so think fit, shall order the liberation of such person 
 from custody. 
 
 V. And be it, &c., that whenever any Eelation or Friend of any j^^^^^^ „f 
 person confined under the provisions of this Act as a dangerous Lu- person con- 
 natic, or dangerous Idiot, shall petition the Governor, or Officer peuuon* 
 administering the Government of these Islands, and the Council, set- anacouncii, 
 ting forth upon Oath any circumstances indicating the sanity of such |);^^"fj*5;'' 
 person, and that such Petitioner verily believes such person so con- maybl"°" 
 fined is not a dangerous Lunatic or dangerous Idiot, and might be w?th's''afety ; 
 discharged with safety, it shall be lawful for the Governor, or Officer f^^ ^°p'- 
 administering the Government of these Islands, and Council, to require cound^may 
 the Provost Marshal General of these Islands to inquire by a Jury inquisition; 
 whether such person so confined be or be not a dangerous Lunatic, or ^o'lfnd Jhat^ 
 dangerous Idiot, and might or might not be discharged with safety ; — aned°p™rson 
 and if upon such Inquisition it shall be found that such person so con- may be de- 
 fined is not a dangerous Lunatic, or dangerous Idiot, and might be ^ith safety, 
 
 44 
 
346 
 
 BERMUDA ACTS, 
 
 [1841. 
 
 ws^iibTi^a''^ discharged with safety, the Governor, or other OflGlcer administering 
 'ion- the Government of these Islands, by and with the advice and consent 
 
 of the Council, shall order the liberation of such person accordingly : — 
 and every such Jury, shall consist of not fewer than seventeen persons 
 qualified as persons are required by Law to be qualified to serve as 
 Jurors in the Court of General Assize ; and the concurrence of at 
 least twelve of such Jury shall be requisite in every verdict to be 
 given by them ; and the expense of every such Inquisition shall be 
 provided for as other contingent charges of the Government of these 
 Islands. 
 
 Diet and 
 treatment of 
 persons so 
 confined in 
 Gaol. 
 
 VI. And be it, &c., that every insane person who shall be con- 
 fined in Gaol under the provisions of this Act, shall receive such suit- 
 able and moderate diet as the Medical Officer of the Gaol shall consider 
 most beneficial for such insane person, and in all other respects shall be 
 treated in like manner as any other person confined in Gaol under the 
 most favorable circumstances is entitled by Law to be treated, and 
 maintained at the public expense ; and the expense thereby incurred 
 shall be defrayed as other contingent charges of the Government of 
 these Islands. 
 
 Act may be VII. And be it, &c., that this Act may be amended Or altered by 
 thil SMsSn. any Act or Acts to be passed in this present Session of the Legislature. 
 
 To be in VIII. And be it, &c., that this Act shall be and continue in force 
 
 y°ea".'°'^ for two years from the passing thereof, and then shall determine and 
 expire. 
 
 [Made perpetual by Act of 1858, No. 4.] 
 
 1841. No. 3. 
 
 AN ACT to provide for the assimilation, of the Currency and Monies 
 of Account of the Bermuda Islands to the Currency and Monies 
 of Account of the United Kingdom, of Great Britain and Ire- 
 land. 
 
 [22 June, 1841.] 
 
 After com- 
 mencement 
 of this Act, 
 the Curren- 
 cy of the 
 United 
 Kingdom to 
 be the Cur- 
 rency of 
 Bermuda 
 
 WHEREAS it is expedient that the Currency of the Bermuda 
 Islands should be assimilated to the Currency of the United Kingdom 
 of Great Britain and Ireland, and that the values of the monies of 
 Account in these. Islands, and of the monies of account of the said 
 United Kingdom should in all cases whatever, be assimilated to each 
 other : — 
 
 I. We, &c., and be it enacted, &c., that on andfrom andafter the com- 
 mencement of this Act, the Currency of the United Kingdom of Great 
 Britain and Ireland shall be and become, and is hereby declared to 
 be the Currency of these Islands, and that on and from and after the 
 commencement of this Act all receipts and payments, and all gifts, 
 grants, contracts, bargains, sales, agreements and stipulations, and all 
 
1841.] BERMUDA ACTS. 347 
 
 bonds, bills, notes, drafts, acceptances, receipts, acknowledgments, andaii ^ 
 ■undertakings or securities for money, and all transactions, dealings, leMngto" 
 matters and things whatsoever, relating to money, or involving or im- J5^°°|y '° 
 plying the payment of money, or the liability to pay any monejr, i^^'^Jj.^Mo 
 which shall be had, made, done, executed and entered into in these ing to such 
 Islands, shall be had, made, done, executed, and entered into, accord- ™'''''=°'=5'- 
 ing to such OurreijCT' of the said United Kingdom so becoming the 
 Currency of these Islands, and not in any other manner than accord- 
 ing to such Currency of the said United Kingdom (except as herein- 
 after is specially provided) ; and that all such receipts, payments, gifts, 
 grants, contracts, bargains, sales, agreements, stipulations, bonds, bills, 
 notes, drafts, acceptances, acknowledgments, undertakings, securities, 
 transactions, dealings, matters and things, shall be held, deemed, taken 
 and construed to be had, made, executed, done and entered into ac- 
 cording to such Currency of the said United Kingdom, so becoming 
 the currency of these Islands, and in reference to money of the value 
 circulating in the said United Kingdom at the time of the passing of 
 this Act ; unless the contrary be proved to have been the intention of 
 the parties concerned. 
 
 II. And be it, &c., that all gifts, grants, contracts, bargains, sales, Aucontracts 
 
 ■1.1. T Ti T 1 T .11 /» T . and securi- 
 
 agreements, and stipulations, and all bonds, bills oi exchange, promis- ties for 
 sory notes, drafts, acceptances, receipts, acknowledgments, tmdertak- be°fore Se'^^ 
 ings, and securities for money, and all debts, due or to grow due, under ^"e""™ this 
 or by virtue of any recognizance, statute, judgement, award, bond, ^!'*<^°^% 
 lease, or other specialty, or by virtue of any simple contract, written after thfn, at 
 or parol, and all transactions, dealings, matters and things whatsoever, fiM'^Briush 
 relating to money, or involving or implying the payment of money, J'™^™"^' 
 or the liability to pay any money, which shall have been, or shall be £i66i8s. 4d. 
 acknowledged, confessed, awarded, executed, had, made, done or entoureen- 
 entered into, at any time before the commencement of this Act, accord- ^lidL^^' 
 ing to, or with reference to the currency of these Islands, or as money 
 shall before the commencement of this Act have been valued or named, 
 in these Islands, shall, from and after the commencement of this Act 
 be construed and carried into effect, and shall be paid, discharged and 
 satisfied, according to the amount thereof respectively in such currency 
 of the said United Kingdom so becoming the currency of these Islands, 
 as aforesaid, in manner following that is to say : that every sum of the 
 currency of these Islands then due, or thereafter to grow due or to be 
 accounted for in any way (as aforesaid,) shall be equivalent to, and 
 shall be stated as, and shall be liable to be paid, discharged, satisfied, 
 and accounted for at the rate and in the proportion of one hundred 
 pounds of the currency of the said United Kingdom for every one 
 hundred and sixty six pounds, thirteen shillings and four pence of the 
 present currency of these Islands. 
 
 III. And be it, &c., that from and after the commencement of ah Taxes 
 this Act, all taxes, and all rents and revenues payable to Her Majesty, ues^t^^t™' 
 Her Heirs and Successors, and all other public and parochial dues, t';"™'„*"'' 
 duties and revenues whatever payable in these Islands, shall cease to veried°into 
 be estimated in Bermuda currency, and shall be .converted into the ?eu<J\t"" 
 currency of the said United Kingdom, and shall be estimated, levied, ">»' ''"«■ 
 collected, received, accounted for, and paid to or by the Public 
 Treasurer or Officer under whose management such duties shall be 
 
348 BERMUDA ACTS. [1841. 
 
 collected, accounted vfor, and paid, in the currency of the said United 
 Kingdom so becoming the currency of these Islands, to be calculated 
 after the rate aforesaid, and that the Public Debts and annuities pay- 
 able by the Public, or at the Public Treasury in these Islands, and 
 also Parochial Debts, payable by Parish Officers in these Islands, 
 shall cease to be estimated in Bermuda currency, and shall be con- 
 verted into the currency of the said United Kingdom, to be calculated 
 in the manner directed by this Act, and shall be estimated, received, 
 paid, and accounted for, according to the amount thereof, in the cur- 
 rency of the said United Kingdom so becoming the currency of these 
 And all Ac- Islands, and that all Accounts, Entries, Books, Papers, Ksturns, State- 
 kept acc°ort- ments, Writings, Certificates, Eeceipts and Documents whatsoever, 
 ingiy- relating to the said Taxes, Duties, Rents or Eevenues, or to such 
 
 Public or Parochial Debts or Annuities, or to any Keceipts or pay- 
 ments whatever relating to the same, shall be made, kept, and stated 
 in the currency of the said United Kingdom to be calculated as afore-, 
 said, and in no other Currency. 
 
 ThePabiic TV. And be it, &c., that the Public Treasurer be, and he hereby 
 
 trT^teBai" is required immediately upon and after the commencement of this 
 ances in the Act to transfer in the Public Books of Accounts, all balances remain- 
 Books^ into ing and being in the Currency subsisting before the commencement of 
 this Act, converted into the currency of the said United Kingdom so 
 becoming the currency of these Islands as aforesaid. 
 
 British Cur- 
 rency. 
 
 This Act not V. And be it, &c., that nothing contained in this Act shall be 
 
 any fran^"^ coustrucd to affcct Or in any manner to take away any franchise, right, 
 
 chiae, 4c. benefit, privilege or advantage resulting from the possession of any 
 
 lands, tenements, rents, or property of the value mentioned in any 
 
 Act or Acts of the Legislature of these Islands, which may be in force 
 
 at the period of the commencement of this Act. 
 
 Nor to pre- VI. And bc it, &c., that nothing herein contained, shall prevent 
 deaUngTn any gift, grant, contract, bargain, sale or dealing for money, or any 
 IfntT "" ^^^^' ^'^^^^ draft, acceptance, receipt, or acknowledgment, for the pay- 
 ment of money, or any matter or thing relatiug to money, from being 
 made or had according to the currency of Foreign Parts. 
 
 Liabilities yU. And be it, &c., that all debts, contracts, liabilities, matters 
 
 tioi^f"aw °^' t^i^gs relating to money at any time after the commencement of 
 
 on matters' tMs Act arising by implication of law out of, or being founded upon 
 
 Act,\o°be'° any gifts, grants, contracts, bargains, sales or dealings, matters or 
 
 ilStfes things, made, done, or had prior to the commencement of this Act, 
 
 prior to the shall bc held, deemed and construed to be within the meaning of this 
 
 Act, as debts, gifts, grants, contracts, liabilities, bargains, sales or 
 
 dealings, matters or things, made or had prior to the commencement 
 
 of this Act, and shall be construed accordingly. 
 
 British Coins VIII. And bc it, &c., that on and from and after the commence- 
 here^'at'the ^^ut of tMs Act, the scveral copper, silver and gold coins of the said 
 same rates United Kingdom shall circulate and be current in these Islands, at the 
 United ° same nominal as well as real value as in the said United Kingdom ; 
 Kingdom, g^jj^ jjQ^. ^^ g^jjy. other value. 
 
1841.] BERMUDA ACTS. 349 
 
 IX. And be it, &c., that on and from and after the commence- Bouwoona 
 ment of this Act, the Spanish, Mexican and Columbian Gold Coins forSll'od. 
 called Doubloons, (weighing not less than seventeen pennyweights and ^usi'M.''"^ 
 eight grains each,) and also the Spanish, Mexican, and Columbian ea*. «"« 
 Silver Coins, called Dollars, (weighing not less than seventeen penny- vislonTat ' 
 weights eight grains each,) and the several aliquot subdivisions of ate?^"' 
 those coins, of proportionate weight, shall circulate and be current in 
 
 these Islands at and after the following rates — ^that is to say, the said 
 Doubloons at and after the rate of three pounds, four shillings each, 
 of lawful current money of the said United Kingdom, the said dollars 
 at and after the rate of four shillings and two pence each of like mo- 
 ney, and the several aliquot siibdivisions of those coins of proportionate 
 weight, at and after proportionate rates respectively. 
 
 X. And be it, &c., that nothing herein contained shall be con- Nottopre- 
 strued to prevent Her Majesty, Her Heirs and Successors from altering SSesty' 
 or varying, from time to time, the rates at which any Coin or Coins [ng'thrraVes 
 shall be current in these Islands. °' ''°'°- 
 
 XI. And be it, &c., that this Act shall commence and take Act to oom- 
 eflfect on and from and after the first day of January, in the year of janlHsla. 
 our Lord, one thousand eight hundred and forty two. 
 
 1841. No. 9. 
 
 AN ACT to extend the time for carrying into operation the Act 
 intiPuled " An Act to authorize the valuation and purchase of 
 certain Lands cmd Tenements in Devonshire Parish, for the ser- 
 vice of Her Majesty's OrdnanceP 
 
 \% July, 1841.] 
 
 WHEEEAS by the last section of the Act of the Legislature of preamble 
 these Islands, assented to on the second day of October, in the year 
 of Our Lord, one thousand eight hundred and forty, intituled, " An 
 Act to authorize the valuation and purchase of certain lands and Ten- 
 ements in Devonshire Parish for the service of Her Majesty's Ord- 
 nance," it is enacted that the powers by that Act granted for compelling 
 the sale of the Houses, Buildings, pieces or parcels of Land, and other 
 hereditaments specified therein, or any of them, or any part of them, 
 or any of them, shall cease and not be applicable to any such heredit- 
 aments, unless the amount of the value or compensation to be paid for 
 such hereditaments shall be agreed upon or awarded as therein men- 
 tioned, within twelve calendar months from the time of the said Act 
 being assented to by the Governor, and shall be actually paid, or ten- 
 dered to be paid, within twelve calendar months from the time of 
 being so agreed upon ojr awarded : — And whereas circumstances may 
 prevent such Compensation being agreed upon or awarded and paid 
 within the periods of time therein mentioned ; and it is deemed ex- 
 pedient for your Majesty's Service to extend those periods of time : — 
 
350 
 
 BERMUDA ACTS. 
 
 [1841. 
 
 Time limited 
 by the Act 
 of 1840, 'for 
 exercising 
 compulsory 
 powers of 
 sale, extend- 
 ed for 12 
 months. 
 
 I. We, &c., and be it enacted, &c., that the period of time in the 
 said Act, limited, as aforesaid, for the amount of the value or com- 
 pensation to be paid for such hereditaments to be agreed upon or 
 awarded, and also the period of time in the said Act limited, as afore- 
 said, for such amount to be paid, or tendered to be paid, be, and the 
 same hereby are extended for the space of twelve Calendar Months, 
 rsspectively, beyond the periods in the said Act limited and ex- 
 pressed. 
 
 1841. No. 11. 
 
 AN ACT to continue cmd amend the Act " In addition to the Act 
 as well for the relief of the Poor, as for the putting out Appren- 
 tices, and setting idle persons to worh." 
 
 [2 July, 1841.] 
 
 Preamble. WHEEEAS the Act iiititiiled " An Act in addition to the Act as 
 
 well for the relief of the Poor, as for the putting out Apprentices, and 
 setting idle persons to work," was passed by the Legislature of these 
 Islands, in the year one thousand eight hundred and thirty four, for a 
 limited time, and it is expedient to continue the same for a further 
 period, Avith the amendments hereinafter contained : 
 
 Act of 1^4 I. "W"e, therefore, Your Majesty's most dutiful and loyal subjects, 
 with'amend- the General Assembly of these your Majesty's Bermuda or Somers' 
 ments. Islauds, do most humbly beseech Your Maj esty that it may be enacted, 
 and be it enacted by Your Majesty's Grovernor, Council, and Assem- 
 bly, and it is hereby enacted and ordained by the authority of the 
 same, that the said Act, the title whereof is above recited, be, and the 
 same hereby is continued in force during the continuance of this Act, 
 with the amendments hereinafter contained. 
 
 No ChUd to 
 be bound by 
 
 II. Provided always, and be it enacted, that from and after the 
 
 Poor'to Hu°s' passing of this present Act, no child shall be bound or apprenticed by 
 
 bandry or tjjc Overseors of the Poor as a labourer in Husbandry or in the man- 
 manufacture p , p r^ 1 * 1 -r^ 1 •' 
 
 of Colonial uiacture ot Colonial Produce. 
 
 Produce. 
 
 No person III. And bo it, &c., that from and after the passing of this present 
 
 agJto be° Act, no pcrsou of the full age of sixteen years shall be bound or ap- 
 oSt'to'^*" prenticed under the authority of the said Act passed in the year one 
 her wn con- thousaud eight hundred and thirty four, or of the Act therein referred 
 
 to, passed in the year one thousand seven hundred and eighty seven, 
 
 except with his or her own consent. 
 
 No female to 
 be bound 
 
 age of 18. 
 
 IV. And be it, &c., that from and after the passing of this present 
 bey^onT the Act, no female shall be bound or apprenticed under the authority 
 =,„.„fis Qf either of the, said Acts, for any period beyond the age of eighteen 
 
 years. 
 
 V. And whereas, it is believed that no assignment of any Appren- 
 
 No assign- 
 
 nent to be ticc has cver been made under the provisions for that purpose con- 
 "pVenticeT taincd in the said Act, passed in eighteen hundred and thirty four ; 
 
1842.] BERMUDA ACTS. 351 
 
 but it is apprehended that such assignments, if frequently made, might l°^^l^°^ 
 lead to abuse : — Be it, &c., that from and after the passing of this master or 
 present Act, no transfer or assignment shall be made of any Appren- prenttoeewp 
 tice under any of the provisions of the said Act ; — And that upon the ^irfe!'"" 
 death of the Master or Mistress of any Apprentice, the apprenticeship 
 shall be determined, and the Indenture of Apprenticeship and cove- 
 nants therein contained shall be at an end, in like manner as they 
 would have been at the expiration of the term therein mentioned. 
 
 VI. And be it, &c., that nothing herein contained shall be deemed Nothing 
 to invalidate anything heretofore lawfully done under the said Act invauaate 
 passed in the year one thousand eight hundred and thirty four ; and undTArt°o'f 
 that that Act, with the amendments herein contained be, and continue i^s*. 
 in force for seven years from and after the passing of this present Act, Duration. 
 and thence to the end of the next Session of the Legislature there- 
 after. 
 
 [Continued to end of 1868, by Act of 185J, No. 18.] 
 
 1842. No. 3. 
 
 AN ACT for rendering a Release as effectual for the conveyance of 
 Freehold Estates as a Lease and Release hy the same Pa/rties. 
 
 [7 May, 1842.] 
 
 WHEEEAS it is expedient to dispense with the execution and preamble. 
 production of a Lease or Bargain and Sale for a year in the conveyance 
 of Freehold Estates : 
 
 I. We, &c., and be it enacted, &c., that every Deedcr Instrument ^ Release to 
 of Release of a Freehold Estate, or Deed or Instrument purporting or »>e effectual 
 intended to be a Deed or Instrument of Eelease of a Freehold Estate Leas°e'"f^r T 
 which shall be executed on, or after, the first day of January one ITemiel^^ 
 thousand eight hundred and forty-three, shall be as eifectual for the 
 purposes therein expressed, and shall take effect as a conveyance to 
 
 uses or otherwise, and shall operate in all respects, both at Law and 
 Equity, as if the releasing Party or Parties who shall have executed 
 the same had also executed in due form a Deed or Instrument of Bar- 
 gain and Sale, or Lease for a year, for giving effect to such Kelease ; 
 although no such Deed or Instrument of Bargaiii and Sale, or Lease 
 for a year, shall be executed. 
 
 II. And whereas many Deeds or Instruments of Bargain and Sale, ^^^^ uedtax 
 or Leases for a year, to give effect to Deeds or Instruments of Eelease or mention 
 of Freehold Estates heretofore exec«ted have been lost or mislaid ; be for\/e^aHn 
 it, &c., that where in or by any Deed or Instrument of Eelease of executed 
 Freehold Estates executed before the first day of January one thousand g^j'J^/^*''^f 
 eight hundred and forty-three, any Deed or Instrument of Bargain and January 
 Sale, or Lease for a year, for giving effect to such Deed or Instrument evidence of 
 of Eelease, shall be recited, or by any mention thereof in such Deed uo"„7sIlch 
 or Instrument of Eelease appear to have been made or executed, such Lease, 
 
352 BERMUDA ACTS. [1842. 
 
 recital or mention thereof shall be deemed and taken to be conclusive 
 evidence of the Deed or Instrument of Bargain and Sale, or Lease for 
 a year, so recited or mentioned, having been made and executed ; and 
 snch Deed or Instrument of Kelease shall also have the like effect as 
 if the same had been executed after the first day of January one 
 thousand eight hundred and forty-three, -whether such Deed or Instru- 
 ment of Bargain and Sale, or Lease for a year, shall or shall not have 
 been lost or mislaid, or may or may not be produced: — Promdect 
 always — ^that this Act shall not prejudice or affect any proceedings at 
 Law or in Equity pending at the time of the passing of this Act, in 
 which the validity of any Bargain and Sale, or Lease for a year, shall 
 be in question between the Party claiming under such Bargain and 
 Sale or Lease for a year, and the Party claiming adversely thereto, 
 and such Bargain and Sale, or Lease for a year, if the result of such 
 proceedings shall invalidate the same, shall not be rendered valid by 
 this Act. 
 
 Contraction jjj^ And bc it, &c, that in the construction of this Act the word 
 
 "Freehold." " Freehold," shall have not only its usual signification but shall extend 
 
 to all Lands and Hereditaments for the conveyance of which, if this 
 
 Act had not been passed, a Bargain and Sale, or Lease for a year, as 
 
 well as a Release, would have been used. 
 
 1842. No. 7. 
 
 AN ACT to extend tlie provisions of the Act intituled, " An Act to 
 authorize the Yaluation and Pv/r chase of certain Lands and 
 Tenements in Devonshire Pa/rish,for the service of Her Majesty's 
 Ordnance" to certain oilier La/nds. 
 
 [22 Jnne, 1842.] 
 
 Preamble. WBffiKEAS by the Act of the Legislature of these Islands, inti- 
 
 tuled, " An Act to authorize the Yaluation and Purchase of cei-tain 
 Lands and Tenements in Devonshire Parish, for the service of Her 
 Majesty's Ordnance," passed in the year of our Lord One thousand, 
 eight hundred and forty, certain enactments and provisions were 
 made, in order to prevent delays and difficulties which might other- 
 wise arise in the V aluation and Purchase of certain Lands therein 
 described, for the service of Tour Majesty's Ordnance; and by a cer- 
 tain other Act, passed in the year one thousand, eight hundred, and 
 forty-one, the time for carrying into operation the said Act passed in 
 ' the year one thousand, eight hundred, and forty was extended as 
 therein is expressed. 
 
 And whereas Your Majesty '^Governor and Commander-in-Chief 
 of these Islands, at the instance of the respective Officers of Your 
 Majesty's Ordnance in these Islands, has recommended to the Council 
 and Assembly, that the provisions of the said Act passed in eighteen 
 hundred and forty, and extended in eighteen hundred and forty-one, 
 as aforesaid, should be made applicable to the Lands and Tenements 
 hereinafter described : 
 
1842.] BERMUDA ACTS. 353 
 
 I. We, &c., and be it enacted, &c., that all and singular the enact- Provisions 
 ments and provisions contained in the said Act, passed in the year imlxieni- 
 one thousand, eight hundred, and forty, shall be, and be deemed, held, ^J°i°^^^' 
 and construed to be extended and applicable to the Lands and Tene- 
 ments hereinafter described ; and to the Owners, Tenants, Occupiers, 
 Trustees, and other persons interested therein, and to the Officers of 
 Ordnance, and also to the Judges, Officers, Jurors, and other Func- 
 tionaries therein mentioned, in such and the like manner with respect 
 
 to the Lands and Tenements hereinafter described,, as the said enact- 
 ments and provisions contained in the said Act, passed in the year one 
 thousand, eight hundred, and forty, are applicable to the Lands and 
 Tenements therein described ; and to the Owners, Tenants, Occupiers, 
 Trustees, and other persons interested therein, and to the Officers of 
 Ordnance, and to the Judges, Officers, Jurors, and other Functionaries 
 therein mentioned, with respect to the said Lands and Tenements de- 
 scribed in the said Act, passed in the year one thousand, eight hund- 
 red, and forty. 
 
 II. Provided always, and be it, &c., that the powers by this Act provided 
 granted, for compelling the Sale of the Houses, Buildings, Pieces or co'J^puboiy 
 Parcels of Land, and other Hereditaments specified herein, or any of g"?'"^ °' 
 them, or any part of them or any of them, shall cease and not be cease, unless 
 applicable unless the amount of the Value or Compensation to be sation'br" 
 paid for such Hereditaments shall be agreed upon or awarded, as by ^f'^^* "J'^™ 
 this Act is authorized, within Six Calendar Months from the time of andpaw 
 this Act being assented to by His Excellency the Governor, and shall Sn periods. 
 be actually paid, or tendered to be paid, within Twelve Calendar 
 months from the time of being so agreed upon or awarded. 
 
 III. And be it, &c., that the said enactments and provisions here- 
 inbefore referred to, or contemplated, shall be extended and applicable 
 to the following Lands and Tenements — (that is to say) : — 
 
 All that Tract or Parcel of Land in Devonshire Parish, lately held Parcels ot 
 by Zaccheus Cox and his children, containing, by recent admeasure- BevonSiire 
 ment thereof, nine acres, two roods, and thirteen perches, or there- Parish, 
 abouts, abutting and bounded northerly by lands heretofore held by 
 Archibald "Washington, deceased ; easterly by lands lately held by the 
 Keverend Solomon John Stowe, and by William Hall Darrell, and by 
 Josephus Darrell ; southerly by lands lately held by Eichard Darrell ; 
 and westerly by the public road, called the " Dock Eoad." 
 
 Also a Tract or Parcel of Land in Devonshire Parish, heretofore 
 held by Archibald Washington, now deceased, containing, by recent 
 admeasurement thereof, thirteen acres, three roods, and ten perches, 
 or thereabouts, abutting and bounded northerly by lands lately held 
 or claimed by John Francis Pobinson ; easterly by lands heretofore 
 held by John Harriott, deceased, and by lands lately held by the Rev- 
 erend Solomon John Stowe ; southerly by lands lately held by the 
 children of Zaccheus Cox, deceased ; and westerly by the said road, 
 called the " Dock Eoad." 
 
 Also a Tract or Parcel of Land in Devonshire Parish, heretofore 
 held by David Dill, now deceased, containing, by recent admeasure- 
 45 
 
354 BEEMUDAACTS. [1842. 
 
 ment thereof, nine acres and three perches, or thereabouts, abutting 
 and bounded northerly by the sea, and by lands heretofore held by 
 John Dill, deceased ; easterly by lands lately held or claimed by John 
 Francis Eobinson, and lands lately held by Henry William Eobinson ; 
 southerly by other lands heretofore held by the said David Dill ; and 
 westerly by lands lately held by Josephus Darrell, and lands hereto- 
 fore held by Thomas JSTewbold, deceased. 
 
 Also a Tract or Parcel of Land in Devonshire Parish, lately held 
 or claimed by John Francis Eobinson, containing, by recent admeas- 
 urement thereof, nine acres and two roods, or thereabouts, abutting 
 and bounded northerly by lands heretofore held by John Dill,_ de- 
 ceased, and others ; easterly by lands heretofore held by John Harriott, 
 deceased ; southerly by lands heretofore held by Archibald Washing- 
 ton, deceased ; and westerly by lands heretofore held by David Dill, 
 deceased. 
 
 Also a Tract or Parcel of Land in Devonshire Parish, heretofore 
 held by John Harriott, deceased, containing, by recent admeasure- 
 ment thereof, eleven acres, one rood, and nineteen perches, or there- 
 abouts, abutting and bounded northerly by a public road, leading 
 from Devonshire Parish Church towards the Dock ; easterly by lands 
 lately held by William Cox, and lands heretofore held by William 
 Watlington, deceased ; southerly by lands lately held by the Eeverend 
 Solomon John Stowe ; and westerly by lands heretofore held by Archi- 
 bald Washington, deceased, and lands lately held or claimed by John 
 Francis Eobinson. 
 
 Also a small Parcel of Land in Devonshire Parish, lately held by 
 William Cox, containing, by recent admeasurement thereof, two roods 
 and twelve perches, or thereabouts, abutting and bounded north-east- 
 erly by other lands of the said William Cox ; southerly by lands here- 
 tofore held by William Watlington, deceased ; and westerly by lands 
 heretofore held by John Harriott, deceased. 
 
 Also a Parcel of Land in Devonshire Parish, heretofore held by 
 the said William Watlington, containing, by recent admeasurement 
 thereof, three acres and two roods, or thereabouts, abutting and 
 bounded northerly and southerly by lands lately held by William 
 Cox ; easterly by other lands heretofore held by the said William 
 Watlington ; and westerly by lands heretofore held by John Harriott, 
 deceased, and lands lately held by the Eeverend Solomon John 
 Stowe.' 
 
 Also a Parcel of Land in Devonshire Parish, lately held by the 
 said William Cox, containing, by recent admeasurement thereof, three 
 acres and twenty five perches, or thereabouts, abutting and bounded 
 northerly by the said parcel of land heretofore held by William Wat- 
 lington, deceased ; easterly by other lands of the said William Cox ; 
 southerly by lands heretofore held by Francis Trimingham, deceased ; 
 and westerly by lands lately heljd by the Eeverend Solomon John 
 Stowe. 
 
 Also a Parcel of Land in Devonshire Parish, heretofore held by 
 Joseph Wood, deceased, containing, by recent admeasurement thereof. 
 
1842.] BERMUDA ACTS. 355 
 
 three acres, one rood, and twenty six perches, or thereabouts, abutting 
 and bounded northerly by the high road leading from Devonshire 
 Parish Church towards the town of Hamilton ; easterly by other 
 lands, formerly of the said Joseph Wood ; southerly by lands lately 
 held by Henry James Tucker, and by John [F.] Trimingham, de- 
 ceased, and by Mary Ann Bryan ; and westerly by lands lately held 
 by Josephus Darrell. 
 
 Also a Tract or Parcel of Land in Paget's Parish, lately held by Ana in 
 Henry James Tucker, containing, by recent admeasurement thereof, pSh^ 
 eight acres and nineteen perches, or thereabouts, abutting and bounded 
 northerly and easterly by lands heretofore held by Joseph Wood, de- 
 ceased ; southerly by other lands of the said Henry James Tucker ; 
 and westerly by lands lately held by Francis Burch Jones, and lands 
 formerly held by John [F.] Trimingham, deceased. 
 
 Also a Parcel of Land in Paget's Parish, lately held by Francis 
 Burch Jones, containing, by recent admeasurement thereof, two acres 
 and thirty two perches, or thereabouts, abutting and bounded north- 
 erly by the said lands formerly held by John [F.] Trimingham, de- 
 ceased ; easterly and southerly by lands lately held by Henry James 
 Tucker ; and westerly by other lands of the said Francis Burch Jones. 
 
 Also a Parcel of Land in Paget's Parish, formerly held by John 
 [F.] Trimingham, deceased, containing, by recent admeasurement 
 thereof, two acres, two roods, and thirty two perches, or thereabouts, 
 abutting and bounded northerly by lands formerly of Joseph Wood, 
 deceased ; easterly by lands lately held by Henry James Tucker ; 
 southerly by lands lately held by Francis Burch Jones ; and westerly 
 by lands lately held by Mary Ann Bryan. — 
 
 Also a small Parcel of Land in Paget's Parish, lately held by Mary 
 Ann Bryan, containing, by recent admeasurement thereof, one rood 
 and seven perches, or thereabouts, abutting and bounded northerly by 
 lands formerly of Joseph Wood, deceased ; easterly by lands formerly 
 of John [F.] Trimingham, deceased ; and south-westerly by other 
 lands of the said Mary Ann Bryan. 
 
 1842. No. 10. 
 
 AN ACT for vesting in the Crown a Lot of Land adjoinv)xg tlie 
 
 Sessions House in the Town of LlamAlton, and having the sa/me 
 
 suitably enclosed. 
 
 [Y July, 1842,] 
 
 WHEREAS it is deemed expedient that a certain vacant Lot of 
 Land in the Town of Hamilton, now held by the Mayor, Aldermen "*"' 
 and Common Council of the Towi^f Hamilton, measuring one hun- 
 dred and fifty feet from North to South, and three hundred feet from 
 East to West, lying between the Sessions House and the Building in 
 which the Legislative Council sit, and bounded northerly by the Lot 
 
356 
 
 BERMUDA ACTS. 
 
 [1843. 
 
 of Land on which the Sessions House stands, and Southerly, Easterly 
 and Westerly by Streets, should be purchased, and appropriated to 
 the Public Service : And Whereas a Joint Committee of the Council 
 and Assembly have reported to those two bodies that the said Mayor, 
 Aldermen and Common Council, in consideration of the said Lot of 
 Land being applied to the Public Service, and with a view to the 
 improvement of the Public Square, would only require the sum of 
 one hundred and fifty pounds for the same ; although if sold to an 
 Individual the price would be considerably more ; 
 
 L We, &c., and be it enacted, &c., that the Public Treasurer be, 
 and he hereby is authorized and required to pay to the Mayor, Alder- 
 men and Common Council of the said Town of Hamilton, out of any 
 unappropriated monies in the Public Treasury, the said sum of one 
 hundred and fifty pounds ; and upon payment of the said sum of 
 nioney, the said Mayor, Aldermen and Common Council shall grant a 
 Certificate, under their common Seal of the same being paid ; and 
 immediately thereupon the said Lot of Land, with the Appurtenances, 
 shall be vested in Tier Majesty, Her Heirs and Successors for ever, to 
 and for such uses and purposes as shall be directed and enacted from 
 time to time concerning the same by the Governor, Council and As- 
 sembly of these Islands. 
 
 A Commit- II. Aud bc it, &c., that tlie Honorable Henry Gilbert Hunt, the 
 
 the 'land t^ Honorablc Francis Albouy, and Thomas Hall, Alexander Ewing and 
 w°th°uitawe William Amelius Astwood, Esquires, or a majority of them, shall be 
 gates, &c. a Committee to cause the said Lot of Land, together with the adjoin- 
 ing Lot of Land, upon which the Sessions House stands, to be enclosed 
 with a neat and sufScient smooth stone wall, with proper gates to the 
 same, and such paths and walks in and through the said Grounds as 
 may be suitable and appropriate to the purposes to which the same 
 are applied. 
 
 Public III- And, in order to enable the said Committee to accomplish 
 
 t^o^p^'yTo ^^^ said Work, be it, &c., that the Public Treasurer be, and he hereby 
 their Older js authorizcd and required to pay to the order of them, or a majority 
 fngHoofor of them, from time to time, out of any unappropriated monies in the 
 that pur- puijiic Treasury, any Sum not exceeding in the ' whole the Sum of 
 Tliree hundred Pounds. 
 
 Public 
 Treasurer 
 to pay 
 £150 to the 
 Mayor, &c., 
 of Hamil- 
 ton; who 
 are to grant 
 a certificate 
 of such pay- 
 ment; 
 whereupon 
 a certain lot 
 of land near 
 the Sessions 
 House to be 
 Tested in the 
 Crown, 
 
 1843. No. 1. 
 
 AN ACT to facilitate the enlargement or repairs of Parsonage Houses 
 
 in Bermuda. 
 
 [2 June, 1843.] 
 
 Preamble. 
 
 WHEEEAS several of the Parsonage Houses in Bermuda are too 
 small or dilapidated for the comfortable residence of the Parochial 
 Sectors to whom they have been assigned — For remedy thereof: 
 
1843.] BERMUDA ACTS. 357 
 
 I. We, &e., and be it enacted, &c., that from and after the passing incumbent 
 of this Act it shall he lawful for any Eector or Incumbent of any Saowno"' 
 Parish. Church or two united Churches in these Islands, by and with ^°^ lonlw 
 the consent of the Governor or Officer administering the Government any sum not 
 of Bermuda, and with the consent of the Bishop of the Diocese to smto^ln- 
 which, by Her Majesty's Commission, the Ecclesiastical Jurisdiction p^aidSfw 
 of these Islands is or shall be attached, (such consent to be testified by improving 
 
 • • Ti. "11 iT\i 1 "^ 1 arson- 
 
 any writmg under their respective hands and seals), to borrow or take age House, 
 up on loan any sum of money not exceeding Two hundred Pounds ^"^g""'",^, 
 Sterling, for the purpose of enlarging, repairing or improving the Par- the Annual 
 sonage House, erected or to be erected on the Glebe Land belonging Mm^eVir 
 to such Hector or Incumbent ; and in order that due security may be oi-soutlfr" 
 given to the lender of such money for the re-payment of the principal the Treasury 
 and interest accruing on the same, it shall be lawful for the Kector or ment^T^" 
 Incumbent for the time being, by and with the consent of the Governor Ind'intmest 
 and Bishop as aforesaid, testified as aforesaid, to make liable any ''yip^'a.'-. 
 
 -, 1^ .TTPn. -I (t 1. T-f-.. "^ ments within 
 
 annual salary provided tor himseli or his successors to the Living, out 20 years. 
 of the Public Treasury of these Islands, for the re-payment of such I"™"- [^ 
 principal sum borrowed and interest, by equal half yearly instalments, yearly in- 
 within such term from the time of borrowing the same as may be amount'to" 
 within the period for which annual salaries may be provided as afore- 1| fg^'st o"'' 
 said, and as may be agreed on by the parties, — such period not exceed- the original 
 ing Twenty Years. — Provided always, that each half yearly instal- itc omte'r^ 
 ment shall amount to two and a half per centum, at the least, of the ^^'• 
 original sum borrowed, exclusive of the interest : And Provided Se money 
 always, that the Money borrowed under the provisions of this Act, '» ^ ^'^a^" 
 shall be expended on the purposes aforesaid, by and at the discretion committee 
 of a Committee to consist of the Eector and four lay members of the al'Sr'"' 
 Vestry of the Parish or Parishes requiring this aid, to be elected by 'Vestrymen. 
 the Vestry or Yestries in Yestry assembled. 
 
 H. And be it, &c., that when any Eector or Incumbent shall have '^^^^"^ frea- 
 borrowed a sum of money under the provisions of this Act, the Public S from" 
 Treasurer for the time being shall be, and he is hereby authorized and yll^ Ma- 
 required to retain from every half year's salary due and payable out g'g^tOTthe 
 of the Public Treasury to the aforesaid Eector or his successor, the instalment 
 amount of the instalment which shall accrue on the Deed of Security to" lender 
 given, and to pay it to the lender of the principal sum, on the exhi- seqlient to*" 
 bition thereof, and upon every sum so retained by the Treasurer as **/„ '^^"the' 
 aforesaid, no subsequent interest shall accrue to the lender thereof sum so re- 
 after the time of the same being retained by the Treasurer. ^^^^^^' 
 
 1843. No. 2. 
 
 AN ACT for the letter regulal/ion of the Pilotage. 
 
 [14 June, 1843.] 
 
 WHEEEAS the Act intituled " An Act for the better regulation Preambls. 
 of the Pilotage," was passed in the year of Our Lord, One thousand 
 eight hundred and forty for a limited time ; and the Act intituled " An 
 Act in addition to the Acts regulating the Pilotage," was passed in the 
 
358 BERMUDA ACTS. [1843. 
 
 Year one thousand eight hundred and forty-two, to be in force during 
 the continuance of the first mentioned Act, and the said Acts are 
 about to expire, and it is expedient to repeal the same, and to make 
 other enactments for the regulation of the Pilotage : 
 
 Acta of 1840 I. "W"e, &c., and be it enacted, &c., that the said Acts passed in 
 peaieaf '*" the years One thousand eight hundred and forty, and One thousand 
 eight hundred and forty two respectively, shall continue in force until 
 and throughout the thirtieth day of June, in this present year, One 
 thousand eight hundred and forty three, and shall from and after that 
 day be repealed, except as to matters and offences done or committed 
 before or upon that day, which shall be dealt with, and punished as if 
 the said Acts were continued in full force and operation. 
 
 Governor in II. And be it, &c., that it shall and may be lawful for the Governor 
 
 appoint*" o^ Officer administering the Government of these Islands for the time 
 
 Commission- being, by and with the advice and consent of the Council, to appoint 
 
 age. and Commission during pleasure. Three Persons to be Commissioners 
 
 of Pilotage for these Islands : and that all Vacancies which shall 
 
 happen in such Commission shall in like manner be filled up by the 
 
 Governor, or Officer administering the Government, by aaid with the 
 
 advice of the Council. 
 
 Salder-^' -'-■'■-'-■ ^^^ ^® ^*' *^^-' *^^^^ *^^^ Commander-in-Chief of Her Majes- 
 ciiieftobea ty's Ships and Vessels on this Station, while he is at Bermuda, shall 
 ev™offlcio" by Virtue of his Office, and without any Commission from the Gov- 
 ernor, also be a Commissioner of Pilotage for these Islands ; but as he 
 may frequently be absent from Bermuda, and when not so absent it 
 may not be convenient for him to attend the meetings of the Commis- 
 sioners on ordinary occasions, be it enacted that it shall not be neces- 
 sary for him to attend or to be notified to attend at any meeting of 
 the Commissioners for the examination or the licensing of any Pilot, 
 or for the hearing of any appeal respecting any complaint against any 
 Pilot. 
 
 Commission- ^^- -^^^ ^® ^^r ^'^■i ^^^^^ ^^^'^ ^^^^ Commissiouers shall appoint, 
 
 era to ap- during their pleasure a Clerk, who shall attend the meetings of the 
 
 cierkr said Commissioners and shall keep a book in which shall be written 
 
 all the official transactions and proceedings of the said Commissioners, 
 
 And iieep a S'lid who shall also keep a Register in which shall be noted the names 
 
 the"?' pro- ^^*^ places of Eesidence of all the Pilots who have been licensed by 
 
 ceedings. virtUB of the Said Act passed in the year eighteen hundred and forty, 
 
 or shall be licensed by virtue of this Act, together with the date of 
 
 the Licenses of such Pilot respectively. And which Book or Books of 
 
 entries shall and may be inspected by any person desiring to inspect 
 
 the same, and paying such Clerk a fee of one shilling for every such 
 
 inspection. 
 
 And sit at 
 
 ^* -^^^ be it, &c., that the said Commissioners shall usually 
 Samuton hold their sittings at the Town of Hamilton in the said Islands, but it 
 cTeorge. shall bc lawful for them when they shall see fit so to do, to meet and 
 
 sit and transact business, at the Town of St. George in the said 
 
 Islands. 
 
1843.] BERMUDA ACTS. 359 
 
 YI. And be it, &c., that no sucli Commissioner or Clerk shall Before act- 
 enter upon the execution of his Office until he have made the follow- Dfd'a°Sn° 
 ing Declaration before the Governor, or the Chief Justice, or one of 
 the Members of the Court of Chancery, or one of the Judges of the 
 Court of General Assize : — 
 
 I, [insert the Commissioner's or Clerk's Christian and Surnames] 
 do solemnly declare, that I will diligently, faithfully, and 
 impartially, to the best of my skill and ability, execute all 
 such matters as I shall be authorized and required to per- 
 form as Commissioner [or as Clerk of the Commissioners] 
 of Pilotage, by the Act intituled [insert the Title of this 
 Act,] without favour, aflfection, fee or reward, other than 
 such fees or rewards as are allowed by the said Act. 
 
 And that a minute of the time of making such Declaration and of the 
 names of the persons by and before whom the same shall be made, 
 shall be entered in the said Book. , 
 
 YII. And be it, &c., that any person desirous of being licensed Applicants 
 as a Pilot under this Act, shall at least five days before his examina- cenS'to dt- 
 tion deposit with the said Clerk the sum of Four Pounds, as fees for p°*" ^'=^^- 
 such examination, and to be applied in manner hereinafter directed : 
 and thereupon the said Commissioners, or any two of them, shall take 
 to their assistance some fit person who has been a Master Mariner, 
 and who is acquainted with the usual Channels for Vessels coming 
 into and departing from the several Ports in these Islands, to assist 
 them in the examination of such applicant for a License ; and also shall 
 take to their assistance in such examination some skilful licensed Ti,eu- exami- 
 Pilot, when it shall be practicable and convenient to obtain the nation. 
 attendance of such licensed Pilot, or the said Commissioners or any 
 two of them may appoint some fit person who has been a Master Mari- 
 ner, and is well acquainted with the usual Channels aforesaid, to ac- 
 company the said applicant in and through the said usual Channels, 
 and to examine him respecting the same upon the spot, and to report 
 the result of such examination to them ; and that all examinations of 
 applicants for Pilot Licenses under this Act shall be conducted openly 
 and in Public. 
 
 Vm. And be it, &c., that no such applicant for a License shall Not to ob- 
 obtain or be entitled to such License unless he shall prove to the satis- unTess'pro-'^^ 
 faction of the said Commissioners, that he is provided with a good and ^^ll "'"• ^ 
 sufficient decked Sailing Boat of not less than eighteen feet by the keel 
 and otherwise of proportionable dimensions, in a sea- worthy state, 
 subject to his orders for Pilotage Service. — And the Number of such 
 Boat shall be endorsed upon such Pilot's License by the Clerk of the 
 said Commissioners ; and when and as often as such Pilot shall change 
 his Boat, upon proving the same to the satisfaction of any one of the 
 said Commissioners, and upon such Pilot paying to the said Clerk four 
 shillings, a corresponding endorsement shall be made by such Clerk 
 upon such License, specifying the Number of the Boat to which such 
 Pilot has changed ; and every Pilot who shall cease to be provided nndtrtiktag 
 with such a Boat, and who while so unprovided with a Boat, shall ^''}°^^ig^ 
 undertake the Pilotage of any Yessel not then being in danger or dis- jjo^t. 
 
360 
 
 BERMUDA ACTS, 
 
 [1843. 
 
 Pilot depart- 
 ing these 
 Islands dis- 
 qualified un- 
 til license 
 renewed. 
 
 Applicants 
 not to be 
 licensed un- 
 less upon 
 proof of cer- 
 tain qualili- 
 catious. 
 
 Proviso 
 as to Pilots 
 licensed un- 
 der former 
 Acts. 
 
 tress, and in want of a Pilot, shall forfeit five pounds, and shall not be 
 entitled to any Pilotage for the same : and every licensed Pilot who 
 shall depart from these Islands, and remain absent therefrom for ten 
 days or longer, shall thereby be disqualified from acting as a Pilot, 
 under the License then held by him, but in cases of short absence or 
 other favourable circumstances the Commissioners or any two of them 
 may renew such license by a memorandum endorsed thereupon, 
 signed by them, without any new examination of such Pilot — and in 
 such case the Recognizance previously given by such Pilot and his 
 Sureties shall remain in force, and such Pilot shall pay to the Clerk of 
 the Commissioners five shillings, instead of the usual fees. 
 
 IX. And be it, &c., that no such applicant for a License shall 
 obtain or be entitled to such license unless he shall be twenty-one 
 years of age at least, and unless he shall prove to the satisfaction of 
 such Commissioners that such applicant has served at Sea in the 
 capacity of Master or Mate of a Vessel or Vessels for two years at 
 least, or in the capacity of Mariner on board of some square-rigged 
 Vessel or Vessels for the space of two years at least ; and that he has 
 served in some Pilot Boat usually carrying one or more licensed Pilots 
 of these Islands, or in some sailing Boat usually plying among the 
 reefs and channels of these Islands for two years at least. Provided 
 always, that any person who shall have been duly licensed as a Pilot 
 under any former Act or Acts of the Legislature of these Islands for 
 three years next preceding the first day of January in this present 
 year, and during that period of time shall not have been suspended 
 from his privileges as a Pilot, or otherwise punished for any miscon- 
 duct in the performance of his duty as a Pilot, shall, upon complying 
 with the other requisites of this Act, be entitled to receive a License 
 under this Act, although such person may not have served at Sea in 
 the capacity of a Master or Mate for two years, or of a Mariner on 
 board of some square rigged Vessel for the space of two years. 
 
 Applicants 
 to be exam- 
 ined as to 
 
 X. And be it, &c., that the said Commissioners, or any two of 
 them and the Examiners or Examiner assisting them, shall diligently 
 competency, ^nd particularly examine every applicant for a License touching his 
 competency as a Pilot, and in particular touching his knowledge of 
 the Channels, Tides, Soundings, Bearings, and Distances of the seve- 
 ral Shoals, Kocks, Bars, and points of land proper to be observed in 
 Vessels coming to and departing from the several Ports and Har- 
 bours in the'se Islands ; and also touching his skill and knowledge 
 in the sailing and management of square rigged Vessels ; and touch- 
 ing any other matters relating to the duty and conduct of a Pilot, 
 which such Commissioners and Examiners or Examiner shall think 
 proper ; and in like manner, any Master Mariner appointed by the 
 Commissioners, and accompanying any applicant for a License in and 
 through the channels as aforesaid, in going through the said Channels 
 shall examine such applicant touching the several matters in this sec- 
 tion above mentioned, and if such applicant shall be proved and 
 appear to the said Commissioners and Examiners or Examiner to be 
 of good Character and temperate habits and of sufficient ability, skill 
 and experience to act as a Pilot for these Islands, and shall give Ee- 
 And to give cognizancc before the said Commissioners or any two of them, in the 
 Surety. Penalty of Fifty Pounds, with two sufficient Sureties to be approved 
 
at public ex- 
 pense. 
 
 1843.] BERMUDA ACTS. 361 
 
 of by the said Commissioners or any two of them, according to the 
 form contained in the Schedule hereunto annexed marked {A.) and ^^^ ^^^^^^ 
 shall comply with all other the requisites of this Act, then and not with other 
 otherwise, such applicant shall be entitled to, and receive from such I^i'Juo re- 
 Commissioners or any two of them, a License under their Hands and if^^^^^ 
 Seals according to the form in the Schedule hereunto annexed marked 
 (B.) and an adequate number of Blank Forms of such Licenses shall BUnk forms 
 be pnnted upon parchment at the public expense, and aeposited witn be provided 
 the Clerk of the said Commissioners, and the Commissioners shall fur- *' ""'""' ^"^ 
 nish every Pilot Licensed under this Act with a printed copy of this 
 Act free of expense — to be issued to the Commissioners for that pur- 
 pose from the Secretary's Office : and such Eecognizance shall be 
 deposited by the clerk of the said Commissioners with the Public 
 Treasurer. — Provided alwa/ys, that when any such applicant shall Proviso as 
 comply with all other the requisites of this Act, and shall in all other ucenses^for 
 respects be qualified to receive a license, but shall be found and appear channel. 
 to the said Commissioners and Examiners or Examiner to be only of 
 sufficient skill and experience to act as a Pilot by the way of the 
 channels at the East End of these Islands, then, and in such case such 
 Pilot shall only be entitled to receive a limited license, expressed in 
 corresponding terms ; and shall only be entitled to take charge of 
 Vessels coming from Sea, and bound in either to St. George's, to Mur- 
 ray's Anchorage, to the ISTaval Yard, or to Hamilton by the way of 
 the channels at the East End of these Islands, or of Vessels going to 
 Sea from either of those places' by those channels. 
 
 XL And be it, &c., that out of the said Fees to be paid by every Fees how 
 such applicant, there be paid to the Clerk of the said Commissioners, ^p'"'""'- 
 the sum of Twenty shillings, and to theExaminer who shall assist in 
 the examination of any such applicant the sum of Twenty shillings, 
 or if such Examiner shall accompany the applicant for a License, in 
 and through the channels as aforesaid, and shall examine such appli- 
 cant there, touching his knowledge of the several matters referred to 
 in the Tenth Section of this Act, the sum of Forty shillings, and also 
 to any Licensed Pilot who at the request of the Commissioners shall 
 attend and assist at any such examination the sum of Twenty shil- 
 lings, and if no such Licensed Pilot shall attend, the sum of twenty 
 shillings shall be refunded to such applicant, and if no such Exam- 
 iner shall accompany the applicant in and through the channels as 
 aforesaid, the further sum of twenty shillings shall be refunded to 
 such applicant. 
 
 XII. And be it, &c., that the Pilots holding Licenses under the pnots ucens- 
 said Act passed in Eighteen hundred and forty, at or immediately be- icJ'onMo^ 
 fore the time herein before limited for the repeal of that Act, not then PJj^^J,*f^'^g 
 suspended or revoked, shall be entitled to the privileges and subject and upon ' 
 to the liabilities of Pilots licensed under this present Act for thirty |r™nd^com- 
 days after the commencement of this Act, and entitled to receive the ^Jj^?,^'"' 
 rates of pilotage allowed by this Act, and that any such Pilot who quuites to 
 shall give such Eecognizance with sureties as is required by this Act, renewed™'* 
 and shall comply with all other the requisites of this Act, and shall "]'_"'_'' _ 
 pay to the Clerk of the said Commissioners five shillings instead of j*?™""- 
 the usual fees, shall be entitled to have his License renewed under this 
 Act by a memorandum endorsed upon such License, signed by the 
 46 
 
 der thia Act 
 without new 
 
362 BERMUDA ACTS. [1843. 
 
 said Commissioners or any two of them, without any new examination 
 of such Pilot, and such renewed licenses shall be of the same force 
 and effect as Licenses originally granted under this Act. 
 
 No^cominia- XIII. And he it, &c., that no such Commissioner or Clerk shall 
 Clerk to be be conccmed or interested directly or indirectly in any Pilot Boat, or 
 raot Bol*t,'° in any part or portion of the earnings of any JPilot ; and no such Ex- 
 *"■ aminer or Pilot assisting at any such examination shall be concerned 
 
 or interested directly or indirectly in the earnings of the Pilot to be 
 
 by him examined. 
 
 Clerk to fur- XIY. Aud bc it, &c., that within three months after the com- 
 oj'rfcto-'*' m^ncement of this Act, the Clerk of the said Commissioners shaU 
 *^™7^*|. furnish the Collector of Her Majesty's Customs with a List in dupli- 
 lots. cate of the names and places of residence of all such persons as shall 
 
 then have been licensed as Pilots under this Act, and shall also from 
 time to time report to such Collector the Names of such other persons 
 as shall be so licensed withitt ten days after any other such License 
 being granted — in order that the names and places of residence of such 
 subsequently Licensed Pilots may be added to such Lists : and the 
 said Collector is hereby authorized and required to keep one of such 
 lists or a copy thereof hung up in some conspicuous part of the Custom 
 House at Hamilton, and the other or a copy thereof hung up in some 
 conspicuous part of the Custom House at Saint Georges' for the inspec- 
 tion of all whom it may concern. 
 
 Any licens- ^^- -^^^^ ^^ it> &c., that any such licensed Pilot who shall first 
 Itouta" ^"^ ^^®^* ^^y Vessel coming from Sea and bound into some Port or An- 
 vSsei^in^ chorage of these Islands, shall be entitled and authorized to undertake 
 TnuttedT^ the Pilotage of such Vessel, unless forbid by the Master or Command- 
 the Pilotage, gp thereof, in which case such Pilot shall be entitled to the like pilot- 
 age rates as if he had actually performed the pilotage of such Vessel, 
 ^^ and that if any person not duly licensed under this Act, or not pro- 
 unauthor-" vidcd with a Boat as herein before required, shall undertake to pilot 
 undertSg to or from Sca any Vessel not then being in danger or distress and in 
 Pilotage. want of a Pilot, he shall forfeit the sum of Three pounds, and shall 
 proTiao ^'^^ ^^ entitled to any Pilotage for the same. — Provided always that 
 no license to from and after the passing of this Act no certificate or license to qual- 
 issuedunder ify auy pcrsou to act as a Pilot shall be issued under any former Act 
 former Act. ^^ ^]jg Legislature of these Islands. — Provided also, that nothing in 
 this Act contained shall be construed to prohibit any Pilot from at- 
 to use o'f tending a Vessel in want of a Pilot in a Rowing Boat, when from the 
 Bo™^ position of the Vessel, the state of the weather, or other circumstances 
 it may be more conyenient to attend such Vessel in a Kowing Boat. — 
 Proviso as Provided also that nothing in this Act contained shall be construed 
 to Persons to proMbit any person whatever in the absence of a duly licensed 
 fote to ab- ' Pilot from undertaking the Pilotage of any Vessel in danger or dis- 
 ucense°d'pi- trcss, or to subjcct such person to any penalty for having undertaken 
 ofdiatress^' such pilotagc ; and that such person shall resign the charge of such 
 Vessel so being or having been in danger or distress to the first duly 
 licensed Pilot who shall come on board and offer his services as a 
 Pilot, and in such case the pilotage rates for such Vessel shall be 
 equally divided between them : but if such Vessel be not taken charge 
 of by a licensed pilot previous to he^ getting into a Port or anchorage, 
 
1843.] BERMUDA ACTS. 363 
 
 then, the person who shall have conducted such Vessel safely into a 
 Port or Anchorage, shall be entitled to receive full pilotage at and 
 after the rate authorised by this Act. 
 
 XVI. And bo it, &c., that it shall and may be lawful for any pilotage 
 person licensed as a Pilot under this Act to demand and receive for (Altered by 
 piloting a Vessel into the port or Anchorage to which she may be i^^.no. 28.) 
 bound, or to Sea from any port or anchorage in these Islands, as fol- 
 lows, (that is to say). 
 
 For every Vessel drawing not more than eight feet water. Forty 
 shillings of lawful money of Bermuda. 
 
 For every Vessel drawing more than eight feet and less than • 
 fourteen feet water, the further sum of five shillings for each 
 and every foot more than eight. 
 
 For every Vessel drawing fourt^n feet water, or upwards six 
 shillings for each and every foot. 
 
 And for Piloting any Vessel from one port or Anchorage to (Aitacdby 
 another in these Islands half as much as the pilotage rates ■'^"'' ^° ^-^ 
 for piloting such Vessel to Sea, would be under this Act. — 
 Provided that when any Vessel bound to Sea shall be obliged 
 by change of Wind, or other circumstances to anchor before 
 she gets to Sea, — or any vessel coming in from Sea shall be 
 obliged by such circumstances to anchor before arriving at 
 her destined, port or anchorage, not more than one entire 
 pilotage rate shall be charged for the entire pilotage service. 
 
 And for every days attendance at the request of any Master, 
 Owner, or Consignee of any Vessel bound for Sea, on such 
 Vessel before she shall break ground, the further sum of 
 eight shillings in addition to the pilotage rates. 
 
 And for every day any such licensed Pilot shall be obliged to 
 remain in quarantine in consequence of any Vessel he may 
 have attended as Pilot being placed in quarantine, the sum 
 of eight shillings per day ; such quarantine day pay to be 
 paid out of the Public Treasury of these Islands, and such 
 Pilot to be supplied with provisions, similar to what are sup- 
 plied to the Crew, while in quarantine on board of any Ves- 
 sel by the Master or Owner of such Vessel at their expense. 
 
 XVII. And be it, &c., that every licensed Pilot shall be entitled FuuPUotaBe 
 to recover and receive the full pilotage rates allowed by this Act, not- [irnotwHh- 
 withstanding any agreement made or alleged to be made by him to standing 
 perform the service at a less rate ; and that the Pilotage for conduct- teieeT" 
 ing any Vessel dismasted, crippled or otherwise injured so as to occa- 
 sion extraordinary care or trouble in piloting the same, shall be double 
 the ordinary rates : and that every licensed Pilot who shall have Rates for 
 exerted himself for the preservation of any Vessel in distress and in ^^Xed Tc. 
 want of a Pilot, shall be entitled for any extraordinary services to 
 such Sum as the Pilot and Master, Owner, or consignee of such Ves- 
 sel can agree upon ; or in case of their not, agreeing, as shall be de- 
 
364 
 
 BERMUDA ACTS. 
 
 [1843. 
 
 Proviso. 
 Proviso. 
 
 termined by the Mayor of the Town of Hamilton and any Justice of 
 the Peace associated with him, or the Mayor of the Town of St. George, 
 an(iany Justice of the Peace associated with him as in the next Sec- 
 tion of the Act is mentioned to be a reasonable reward : provided 
 always, that any demand by a Pilot for Salvage Services may be de- 
 termined as if this Act had not been passed. J^rovided also, that all 
 contracts entered into between the Master of any Yessel while in 
 danger or distress and any Pilot respecting remuneration for his 
 services and assistance shall be deemed and held to be void. 
 
 Rates to be XYIII. And be it, &c., that the pilotage rates shall be payable 
 th^Marter^ by the Master, Owners or Consignees of the Tessel, or Agents report- 
 cmsf nces' ™§' entering or clearing the Yessel at the Custom House at the Port 
 or Agents of of Hamilton, or the Port of St. George, in these Islands, who shall be 
 jointly and severally liable for the same : And that any Consignee of, 
 or Agent for, any V essel may retain in his hands out of any monies 
 by him received on account of such Vessel, or her Owners, the amount 
 of any pilotage rates which he nas paid or may be liable to pay in 
 respect of such Vessel. And the said pilotage rates and day pay may 
 be sued for and recovered, together with the costs of Suit before the 
 Mayor of the Town of Hamilton and any Justice of the Peace asso- 
 ciated with him, or before the Mayor of the Town of St. George, and 
 any Justice of the Peace associated with him, in lite manner as debts 
 exceeding Three pounds and not exceeding Six pounds may be sued 
 for and recovered, and with the like right of appeal ; and that whether 
 the person proceeded against or his goods or chattels be or be not 
 within the Parish where such Mayor and Justice or either of them 
 shall reside. 
 
 Vessels. 
 
 Vessels to 
 be Piloted 
 outwards by 
 licensed Pi- 
 lots. 
 
 Vessels be- 
 longing to 
 Her Majesty 
 or employed 
 in coasting, 
 or fishing, 
 not required 
 to take pi- 
 lots. 
 
 Pilot may 
 
 demand 
 
 payment or 
 
 security for 
 
 Vessels 
 
 outwards 
 
 bound. 
 
 XIX. And be it, &c., that it shall be the duty of the Master of 
 every Vessel going to Sea from these Islands to have his Vessel pi- 
 loted outwards by a licensed pilot, and in case any such pilot shall 
 offer his services and be refused, and the Vessel shall proceed to Sea 
 without being piloted out by a licensed Pilot, double pilotage rates 
 shall be incurred and may be recovered to his own use by such Pilot 
 so refused, and in like manner as pilotage rates are made recoverable 
 by this Act. 
 
 And be it, &c., that no Vessel belonging to Her Majesty, 
 and that no Vessel or boat employed ia the coasting or fishing busi- 
 ness shall be required to take a pilot. 
 
 XXI. And be it, &c., that it shall be lawful for any licensed Pilot 
 taking charge of any Vessel outwards bound not owned wholly or in 
 part by some Inhabitant of these Islands, to demand payment, or 
 security for payment of his pilotage rates, before such Vessel shall 
 break ground ; provid-ed always, that if such pilot shall fail in the 
 performance of his duty respecting such Vessel, any such payment 
 received by him shall be refunded, or the security given for the same 
 shall become void. 
 
 Pilots car- XXII. And be it, &c., that if any such licensed Pilot shall be 
 
 ti°be'°enu* Carried to Sea by stress of weather or otherwise, against his will, he 
 tiedtowages gijaU bs entitled to be provisioned as a Mariner, and in addition to 
 
1843.] BERMUDA ACTS. 365 
 
 his pilotage to receive Wages at the rate of forty eight shillings per ^ ^fioj,""" 
 Month in time of Peace, and at double that rate m time of War, dur- 
 ing his absence from, and until his return to Bermuda ; to be paid* by 
 the Master or Owner of such Vessel : Provided always, that any 
 such pilot while so at Sea shall, if thereunto requested, perform the 
 ordinary duty of a Mariner on board of such Vessel to the best of his 
 ability ; and that when any Vessel with a pilot on board (whether 
 inward or outward bound) shall be blown off to Sea, the charge of 
 such Vessel by such pilot shall cease. And if such pilot shall be car- 
 ried to any other Country he shall take the most prudent measures 
 for returning to Bermuda as expeditiously as may be practicable. 
 
 XXIII. And be it, &c., that the Master or Commander of every ^ve toue'ac- 
 Vessel coming into or going out of any port or Anchorage of these d?™gh/of 
 Islands shall give to the Pilot employed in piloting such Vessel, upon water. 
 his inquiring, a true account of the Draught of Water of such Vessel 
 
 and in case any Master or Commander shall not give such account he 
 shall forfeit Six pounds : And if such vessel shall be rim aground in 
 consequence of such false account, the Pilot shall not be responsible 
 for the same. 
 
 XXIV. And be it, &e., that every Pilot shall whenever there- iiTer up u- 
 unto required, after any dismissal or suspension of him by virtue of req^ril'"' 
 this or any other Act, deliver up his License to the said Commission- 
 ers or to any person by them appointed to receive the same, and that 
 
 on the death of any Pilot his Executors or Administrators, or the 
 person in whose hands the License of such deceased pilot may then 
 actually be, shall without wilful delay, transmit the same to the said 
 Commissioners, and every person making default in the premises shall 
 forfeit Six pounds. 
 
 XXV. And be it, &c., that every pilot who shall enter into any puote'ent^r- 
 partnership respecting pilotage of Vessels with any other Pilot, or j^'^fri^ereup. 
 shall participate in or be concerned or interested directly or indirectly 
 
 in the earnings of any other pilot, in the capacity of pilot shall forfeit 
 Twelve pounds for every such offence : and no demand arising out of 
 any such partnership transaction shall be recoverable : jprovided al- 
 ways, that it shall not be unlawful for any Licensed pilots, not exceed- 
 ing Three in number plying in the same Boat, to be in partnership 
 with each other. 
 
 XXVI. And for the better enforcement of proper conduct on the o™*'*"^^ 
 part of Pilots and other persons in matters relating to pilotage, Be 
 
 it, &c., that persons guilty of the following Offences shall forfeit the 
 several penalties hereby declared to be forfeited, subject to mitigation 
 according to the provisions hereinafter contained. 
 
 Every person who having had a License which shall have been puo"^,^!^ 
 revoked or suspended, shall, during the time of the suspen- revocation 
 sion or after the revocation thereof act as a pilot shall forfeit " 
 Six pounds. 
 
 Every Pilot who, while in the performance of his duty in going Not can-y- 
 « off to any Vessel, or while the Boat in which he may have ri|^"°' 
 gone off to any Vessel shall be attending such vessel or re- 
 
366 
 
 BERMUDA ACTS. 
 
 [1843. 
 
 Accepting 
 or agreeing 
 for less than 
 legal rates. 
 
 Unl awfully 
 carrying Pi- 
 lot Flag. 
 
 Pilot refus- 
 ing to go off 
 to Vessel. 
 
 Not board- 
 ing the first 
 Vessel. 
 
 Or Vessel 
 in Distress. 
 
 Not produ- 
 cing License. 
 
 Refusing to 
 conduct Ves- 
 sel to her 
 Port. 
 
 Wilfully 
 abstaining 
 from warn- 
 ing Vessel 
 in danger. 
 
 Running 
 
 Vessel 
 
 aground 
 
 turning to the Land, shall not have a flag at least three feet 
 square, half white and half red in horizontal stripes of which 
 * the uppermost shall be white flying at the Mast-head of his 
 Boat if a sailiag Boat ; or if a Eow-Boat, who shall not have 
 such flag flying at a staff of not less than Six feet in height 
 erected at the head of such Eow-boat, shall forfeit Twenty 
 shillings. 
 
 Every licensed Pilot who shall accept, or agree to accept a less 
 rate of pilotage for his services than what is allowed by this 
 Act shall forfeit Three pounds, and the amount accepted or 
 agreed to be accepted by him for Pilotage. 
 
 Every person in charge of a Boat not engaged in carrying off a 
 Pilot to a Yessel or attending upon or returning from such 
 Vessel as aforesaid which shall have such a flag as aforesaid 
 flying shall forfeit Six pounds. 
 
 Every Pilot who, when not actually engaged in his capacity of 
 Pilot shall refuse or wilfully delay to go off to, or take 
 charge of any Vessel on the coast, upon the usual Signal for 
 a Pilot being made by such Vessel, or upon being required 
 so to do by any person whomsoever, shall forfeit Twelve 
 pounds. 
 
 Every Pilot who shall not, if practicable, board the first Vessel 
 which presents herself, having the signal for a Pilot hoisted, 
 except when a Vessel in distress, having the signal for a Pilot 
 hoisted, shall be in sight, shall forfeit Six pounds. 
 
 Every Pilot who shall not, if practicable, board a Vessel in 
 distress, having a signal for a Pilot hoisted, shall forfeit Ten 
 pounds. 
 
 .Every Pilot who shall not, on boarding a Vessel, and before he 
 takes charge of her, and whenever thereunto required pro- 
 duce his License to the Master of the Vessel so that he may 
 inspect and peruse the same, shall forfeit Three pounds. 
 
 Every Pilot who shall refuse to conduct any Vessel in his charge 
 into any of the Ports, Anchorages, or Harbours in these 
 Islands to which it may be safe to conduct her, on request of 
 the Master of such Vessel or decline the piloting thereof be- 
 fore the service have been performed for which he took 
 charge of her, shall forfeit Six poimds. 
 
 Every Pilot who seeing any Vessel running into danger near any 
 of the reefs around these Islands, and being able to warn the 
 persons on board such Vessel of their danger, shall wilfully 
 abstain from doing so, shall be liable to have his License 
 suspended or revoked. 
 
 Every Pilot, or other person acting as a Pilot, who shall through 
 ignorance, negligence or carelessness, run any Vessel agrofTnd, 
 shall forfeit not less than Six pounds, and not exceeding 
 
1843.] BERMUDA ACTS. 367 
 
 Thirty pounds, and shall not be entitled to any pilotage for 
 the same, and shall be liable to have his license suspended 
 or revoked. ^ 
 
 Every Pilot, or other person acting as a Pilot, who shall through y'^g"^'^^^*''^ 
 ignorance, negligence or carelessness, desti-oy, damage, or her lading. 
 injure any Yessel, or any of the tackle or furniture thereof, 
 or any of the Goods laden therein, shall forfeit not less than 
 Six pounds, and not exceeding Thirty pounds, and shall not 
 be entitled to any pilotage for the same, and shall be liable 
 to have his License suspended or revoked. 
 
 Every Pilot, or other person acting as a Pilot, who shall through conducting 
 
 .■' ' T '^ P ••tj.it tt a Vessel into 
 
 Ignorance, negligence or carelessness, conduct or lead a V es- danger, 
 sel inta danger shall forfeit not less than Six pounds, and not 
 exceeding iSiirty pounds, and shall not be entitled to any 
 Pilotage for the same, and shall be liable to have his License 
 suspended or revoked. 
 
 Every Pilot, or other person acting as a Pilot, who shall wilfully Running 
 or through negligence or carelessness run any Yessel against against and 
 any Buoy moored in or near any of the Channels, and injure chamfi""^ 
 the same, shall forfeit a sum equal to the expense of repairing ^uoy. 
 such injury, and twenty shillings in addition thereto. 
 
 Every Pilot, or other person acting as a Pilot, who shall wilfully Bringing a 
 or through negligence or carelessness, bring any Vessel to An?hor°so 
 anchor, so as for her moorings to come foul of the moorings ^^o^"^". 
 of any other Vessel, shall forfeit Three pounds. <>"'«r. 
 
 Every Pilot, or other person acting as Pilot, who shall wilfully obstruct- 
 
 -I • T T 1 1 "/» mE passage 
 
 and improperly obstruct or attempt to thwart the passage of of vessel, 
 any Vessel, shall forfeit Six pounds. 
 
 .Every Pilot, or other person acting as a Pilot, who shall through incapaWe of 
 drunkenness be incapable of properly conducting a Vessel fh*^ugh 
 during the time he shall be in charge thereof, shall forfeit drunken- 
 Six pounds and shall not be entitled to any pilotage for the °^'^' 
 same, and shall be liable to have his license suspended or 
 revoked. 
 
 Every Pilot, or other person acting as a Pilot, who shall by any obtaining 
 wilful misrepresentation obtain or endeavour to obtain the vessffby 
 charge of a Vessel, shall forfeit Three pounds, and shall not ^Son 
 be entitled to any pilotage for the same. 
 
 Every Pilot or other person going off to any Vessel in the same soliciting 
 Pilot-boat with a Pilot, who shall solicit or endeavour to S^o"f 
 procure the agency or consignment of such Vessel for himself vessel. 
 or for any other person, or who shall (except at the request 
 of the Master of such Vessel) recommend any Agent for 
 such Vessel, or who shall accept or receive any gratuity or 
 reward for having procured or endeavoured to procure the 
 Agency or consignment of such Vessel for any other person, 
 shall forfeit Six pounds ; and also, if a Pilot, shall not be en- 
 
368 
 
 BERMUDA ACTS, 
 
 [1843. 
 
 Proviso, as 
 to VeBBels 
 Stranded. 
 
 Pilot guilty 
 of two or 
 more offen- 
 ces within 12 
 months. 
 
 titled to any pilotage for the same, and shall be liable to have 
 Ms License suspended or revoked. Provided always, tbkt 
 when any Vessel shall be actually stranded among the reefs 
 around these Islands, and it shall be prudent for the Master 
 of such Yessel to appoint an Agent before coming from his 
 Vessel to the shore, no penalty shall be incurred by recom- 
 mending an Agent to such Master. 
 
 Every Pilot who shall be adjudged guilty of two or more offences 
 against this Act within twelve successive Calendar Months, 
 for each of which offences he may not be liable to be pun- 
 ished to such extent by some other "Jpart of this Act, shall be 
 liable to have his License suspended or revok-ed. 
 
 Wilfully 
 running a 
 Vessel 
 aground or 
 into danger, 
 4c. 
 
 Felony. 
 
 XXVII. And be it, etc., that every Pilot or other person acting 
 as a Pilot, who shall wilfully run any Vessel aground, or shall wilfully 
 conduct, lead, decoy, or betray any Vessel into danger, or shall 
 wilfully destroy, damage or injure any Vessel being in danger or dis- 
 tress, or any of the tackle, or furniture thereof, shall be guilty of 
 felony : and being convicted thereof, shall be liable to be imprisoned 
 for any term not exceeding four years : and if a Pilot, he shall be de- 
 prived of his License and be deemed forever thereafter incapable of 
 actins: as a Pilot for these Islands. 
 
 Master of 
 Vessel him- 
 self acting 
 as a Pilot. 
 
 Allowing 
 any other 
 person to 
 act after li- 
 censed Pilot 
 shall offer, 
 &c. 
 
 Not assist- 
 ing Pilot to 
 board Ves- 
 sel. 
 
 Refusing or 
 giving 'false 
 account of 
 draught of 
 water. 
 
 XX V ill. And for the better enforcement of proper conduct on 
 the part of Masters of Vessels and others in relation to matters of 
 pilotage : Be it, &c., that persons guilty of the following offences shall 
 forfeit the several penalties hereby declared to be forfeited, subject to 
 mitigation, according to the provisions hereinafter contained : 
 
 Every Master of a Vessel who shall act himself as Pilot after a 
 
 licensed pilot shall have offered to take charge of such Vessel 
 
 H if bound in from Sea, or shall have taken charge if bound to 
 
 Sea, shall pay to such pilot his full pilotage, and forfeit 
 
 Three pounds. 
 
 Every Master of a Vessel who shall allow any other person to act 
 as a pilot after a licensed pilot shall have offered to do so, 
 if the Vessel be coming from Sea, or shall have taken charge 
 of the Vessel, if bound to Sea, shall pay the licensed pilot his 
 full pilotage and forfeit Three pounds. 
 
 Every Master of a Vessel bound into any Port or anchorage of 
 these Islands, and within sight of these Islands, and not 
 already supplied with a licensed pilot, who, upon the usual 
 signal being made for that purpose by a licensed pilot within 
 hail, shall not heave to or shorten sail, or take other proper 
 means to assist such pilot to come on board, shall pay to 
 such Pilot his full pilotage, and shall forfeit Three pounds. 
 
 Every Master or Owner of a Vessel bound to employ a pilot who 
 shall refuse to inform the pilot or the person acting as pilot 
 of the draught of water of such Vessel, or shall report, or be 
 
1843.] BERMUDAACTS. 369 
 
 privy to another person's reporting, a false account of such 
 draught of water, shall forfeit Six pounds. 
 
 Every Master of a Vessel, or other person liable to pay pilotage offering 
 rates, who shall offer to any pilot a greater or less sum of TanfeUr' 
 money or other emolument for pilotage than is sanctioned by "'■=»• 
 this Act (except in the case of extraordinary exertion by such 
 pilot when such further remuneration may be paid to him as 
 to such Master or other person shall seem just,) shall forfeit 
 Three pounds. 
 
 XXIX. And be it, &c., that all persons who are or shall be ap- ^'J|™'^ ^'■ 
 pointed Queen's Pilots and employed in piloting lier Majesty's Ships 
 
 from or to these Islands, shall be subject and liable to all the pro- 
 visions and penalties of this Act ; provided always, that if any of Her 
 Majesty's Ships or Yessels resorting to these Islands, shall be in want 
 of a Pilot, and any such Queen's Pilot shall then be engaged on board 
 of a Merchant Vessel, such Queen's Pilot is hereby authorised and 
 required, as soon as such Merchant Vessel shall be furnished with 
 some other licensed Pilot, to quit such Merchant Vessel, and to go on 
 board such Ship or Vessel of Her Majesty so in want of a Pilot. 
 
 XXX. And whereas for the purpose of facilitating the Pilotage Taking up 
 of Vessels through the Channels at the East end and the West end of Buoy poies 
 these Islands, a number- of poles have been placed as Buoys at those cllnneis 
 places, at the expense of the Colony, and it is expedient that the same s^„Sar°p°^es 
 should be kept imder the management and authority of the Commis- witiiout au- 
 sioners of Pilotage: Be it, &c., that any person who without the comMssion- 
 authority of the Commissioners of Pilotage, shall take up or remove °''°- 
 
 any one of the said poles, or shall place any pole similar in appearance 
 to those poles, at or near any of the said Channels, or shall place any 
 Buoy similar in appearance to the Pilotage Buoys at or near any of 
 the said Channels, shall forfeit and pay the sum of Three pounds, and 
 it shall be lawful for the Commissioners to caiise to be removed and 
 destroyed any such unauthorised Buoys or poles. 
 
 XXXI. And be it, &c., that the Commissioners of Pilotage shall Poies to be 
 cause the poles which are under their authority to be examined, quarterly. 
 cleaned, and if necessary repaired, four times in every year, and the 
 expense thereby incurred shall be provided for like other contingent 
 charges of government. 
 
 XXXn. And whei-eas Masters and persons in charge of stranded B^ts and 
 or distressed Vessels are sometimes prevented by the hurry and confu- b^e'Sa^ikid'" 
 sion prevailing in such cases from taking receipts for Goods laden in ber*™" 
 boats coming to their assistance, and it is expedient to promote regu- 
 larity, and to afford such Masters and other persons in charge of 
 Vessels facility in checking the delivery of goods and ascertaining to 
 what part of the Colony the same may be carried, be it, &c., that 
 every Sail Boat which shall either be employed in the pilotage of 
 these Islands or shall visit any Vessel stranded or in distress off the 
 coasts of these Islands, shall under the direction of the Mayors of 
 Hamilton and St. George respectively have inscribed in the inner part 
 of the Transom the letter H. for the Port of Hamilton, and the letter 
 47 
 
370 
 
 BERMUDA ACTS. 
 
 [1843. 
 
 G. for the Port of Saint George, with the number according to the 
 order of time in which application for such inscription shall be made, 
 which the said Mayors respectively are hereby authorized and required 
 to cause to be inscribed on the Boat of any person applying for the 
 same, and paying therefor four shillings ; and it shall be the duty of 
 the owner of any Boat which shall be so inscribed as aforesaid under 
 this Act, within three days after being so inscribed, or of any Boat so 
 marked and numbered under any former Act of the Legislature of 
 these Islands, within thirty days after the commencement of this Act, 
 to mart the principal Sail of such Boat, if not already so marked, in 
 the upper part of the Sail with the same letter and number as those 
 inscribed on her transom, in black letters, and'figures of not less than 
 twenty inches in length, and of proportionable width. And every 
 Owner of a Boat not marked as aforesaid, or not having her Sail 
 marked as aforesaid, which shall, after the expiration of thirty days 
 after the commencement of this Act, either be employed in the Pilot- 
 age of any Yessel to or from these Islands, or shall take on board any 
 goods from any Vessel stranded or in distress off any of the coasts of 
 these Islands shall forfeit Three pounds for each and every offence ; 
 and every person who shall have any Boat or the Sail of any Boat 
 inscribed or marked as aforesaid, except by authority of one of the 
 Mayors as aforesaid, shall forfeit Three pounds. Provided always, 
 that such Boats as have already been marked and numbered under 
 any former Act of the Legislature of these Islands, shall on certificate 
 thereof being made to the Mayors respectively (who are herebjr re- 
 quired to keep a Eegister of all Boats they shall cause to be inscribed 
 or which shall be reported to them as inscribed as aforesaid) be deemed 
 to be inscribed conformably with the requisites of this Act. 
 
 XXXIII. And be it, &c., that every person who shall aid, abet, 
 counsel or procure the commission of any offence against this Act shall 
 forfeit a penalty of the same amount or suffer the same punishment as 
 is by this Act imposed on the party committing such offence ; and 
 every offender principal or accessory shall also be liable to damages 
 at the suit of the party aggrieved, and ghall further be subject to such 
 other fines and penalties as may be from time to time provided against 
 persons so offending. 
 
 penaitiea XXXIV. And be it, &c., that all the penalties imposed by this 
 
 SirXen Act which exceed the Sum of Twelve pounds may be sued for and 
 exceeding j-ecovcrcd with full costs of Suit by action of Debt or Information in 
 Her Majesty's Court of General Assize in these Islands, and every such 
 - Action or Information shall be commenced within Six Calendar 
 Months next after such penalty has been incurred ; and the Jury giv- 
 ing the Verdict may in all cases award any sum not exceeding the 
 amount of the penalty, and not less than half the amount of the Pen- 
 alty declared to be forfeited for such offence. 
 
 XXXV. And be it, &c., that all the penalties imposed by this Act 
 which do not exceed Twelve pounds, may be sued for and recovered 
 with full costs of Suit, either before the Mayor of the Town of Ham- 
 ilton and any Justice of the Peace associated with him, or before the 
 Mayor of the Town of St. George and any Justice of the Peace asso- 
 ciated with him, in like manner as debts exceeding Three pounds and 
 
 Proviso, 
 as to Boats 
 already 
 marlced. 
 
 Accessories. 
 
 When not 
 exceeding 
 £12. 
 
1843.] BERMUDA ACTS. 371 
 
 not exceeding Six ponnds may be sued for and recovered before any 
 two Justices of the Peace, and with, the like right of appeal ; and that 
 whether the person proceeded against, or his Groods or Chattels be, or 
 be not in the Parish where such Mayor or Justice, or either of them 
 shall reside. And that every such Suit shall be commenced within 
 three Calendar Months next after such penalty has been incurred ; and 
 that the Mayor and Justice before whom any such proceedings shall be 
 had, may in any case mitigate the penalty imposed to such amount (not 
 less than half of the amount of the penalty declared to be forfeited for 
 such offence) as to them shall seem meet ; provided nemrtheless, that ,^|=° °^' 
 all lawful costs and charges incurred in prosecuting for such offence, an amount 
 whether in the Court of General Assize, or before the Mayor and ™d nof ^ 
 Justice shall be always allowed in addition to the Sum to which the ^^^^^^^^^ 
 penalty is mitigated ; and as to penalties declared by this Act to be exceeding 
 not less than an amount under Twelve Pounds, and not more than an 
 amount exceeding Twelve Pounds, if the party prosecuting in any 
 such case shall soek to enforce a penalty not exceeding Twelve Pounds, 
 it shall be lawful to sue for the same in lite manner as for penalties 
 under this Act which do not exceed Twelve Pounds, and if the party 
 prosecuting in any such case shall seek to enforce a penalty exceeding 
 Twelve Pounds it shall be lawful to sue for the same in like manner 
 as for penalties under this Act exceeding Twelve Pounds. 
 
 XXXYI. And be it, &c., that when any penalty shall be adjudged proceedings 
 against any licensed Pilot under this Act, and sufficient goods and ^^f^?^^ 
 chattels of such Pilot shall not be found to satisfy such penalty with 
 the costs of prosecution, the Clerk of the Court or the Mayor and 
 Justice awarding such penalty shall certify the same to the Public 
 Treasurer, who shall give notice thereof to the Sureties for such Pilot 
 in his Recognizance ; and if such penalty and costs be not fully paid 
 to the Treasurer within thirty days after such notice, he shall have 
 the Kecognizance proceeded upon in the said Court of General Assize, 
 in order that the penalty so awarded against such Pilot and all legal 
 costs incurred thereupon be fully paid or satisfied. 
 
 XXXYII. And be it, &c., that when any penalty shall be ad- 
 judged against any Pilot under this Act, the Court or Mayor and agatastpi- 
 Justice adjudging the same, shall transmit a certificate to the said notifled\'o 
 Commissioners specifying briefly the nature and substance of the commteBion- 
 offence and of the evidence and their proceedings thereupon ; a Copy ushed in 
 of which shall be entered in the Book to be kept by the said Commis- per''^'"'" 
 sioners ; and the said Mayor and Justice shall also direct a notice of 
 any such decision made by them to be inserted at the Public expense 
 in any Newspaper published in these Islands. 
 
 XXXVIII. And be it, &c., that the penalties and forfeitures under 
 
 this Act (except such as are herein otherwise expressly appropriated) hor'appvo- 
 shall be to Her Majesty, her Heirs and Successors, for and towards vAntei. 
 the Public Kevenue of these Islands, to be applied to and for such 
 objects as have already been or may hereafter be authorized and 
 directed by the Legislature of these Islands. 
 
 XXXIX. And be it, &c., that the Mayor of Hamilton and any 
 Justice of the Peace, and also the Mayor of St. George and any Jus- 
 
372 
 
 BERMUDA ACTS 
 
 [1843. 
 
 Pilot liceng- 
 es how re- 
 voked or 
 suapended. 
 
 Appeal. 
 
 tice of the Peace shall respectively have power and authority to sus- 
 pend any Pilot License for any time they shall think proper : and 
 also if deemed by them just and necessary to revoke and anmil any 
 License or certificate which shall have been granted under this Act 
 or any former Act of the Legislature of these Islands to any person to 
 act as a Pilot, upon proof of incompetency, drunkenness, or any vio- 
 lation of any of the provisions of this Act made punishable by suspen- 
 sion or revocation or annulling of the License : Provided always, that 
 if any Pilot or other person shall be dissatisfied with any decision of 
 a Mayor and Justice as to the suspending or not suspending, annulling 
 or not annulling any Pilot License, it shall be lawful for such Pilot or 
 other person to appeal from such decision to the said Commissioners. 
 Provided also that siTch appeal be craved and notice thereof given to 
 the opposite Party within two days from and after such decision be- 
 ing made, and that within that time Security by bond to the satisfac- 
 tion of the Mayor and Justice in the Sum of Twelve Pounds, be given 
 by the Appellant to the Mayor and Justice that such Appeal be prose- 
 cuted without any wilful or affected delay, and that if the decision of 
 the said Mayor and Justice be affirmed, the Appellant, within ten 
 days after such decision being so affirmed, will pay to the Witnesses 
 attending before the said Commissioners on such Appeal such sums 
 of money as shall be allowed them by the said Commissioners for 
 their attendance on such Appeal ; and on such notice and Security 
 being given, the said Commissioners or any two of them shall without 
 delay, on being notified of such appeal, proceed with the hearing and 
 determination of such case ; and on the hearing thereof, shall take the 
 examination of witnesses on the matter, and shall either affirm or 
 reverse such decision of the Mayor and Justice, or make such special 
 order therein as to them shall seem just and proper : and such decision 
 of the said Commissioners shall be final and conclusive, and a minute 
 thereof shall be entered by the Clerk of the said Commissioners in 
 their Book, specifying the reasons or causes therefor. And pending 
 such appeal, and until the same be finally decided the Pilot com- 
 plained of shall be disqualified from acting. as a Pilot. And on every 
 such hearing before a Mayor and Justice or before the said Commis- 
 sioners or any two of them, such Mayor and Justice or Commissioners 
 shall summon in like manner as Witnesses are summoned, and take 
 to their assistance one or more persons conversant with the usual 
 Channels for Vessels coming into or departing from these Islands and 
 with the management of square rigged Vessels, and every such person 
 shall be sworn by a Mayor or Justice or Commissioner faithfully and 
 impartially to assist the said Mayor and Justice or Commissioners in 
 the decision of the matter then pending according to the best of his 
 skill and ability. 
 
 Complaints 
 how pro- 
 ceeded 
 upon. 
 
 XL. And be it, &c., that if any complaint shall be preferred to 
 the Mayor and Justice as aforesaid, against any Licensed Pilot for 
 any misbehaviour or neglect of duty for which his License shall be 
 liable to be suspended or revoked, then they shall cause such complaint 
 to be reduced to writing and sworn to before the said Mayor and 
 Justice by the person making the same : and shall proceed to investi- 
 gate the conduct of such Pilot ; and before any Pilot shall be sus- 
 pended or deprived of his License by the Mayor and Justice for any 
 
1843.] BERMUDA. ACTS. 373 
 
 alleged misconduct lie shall be summoned by a notice in writing to 
 appear before the Mayor and Justice, specifying the nature and sub- 
 stance of the default with which he may be charged signed by the 
 Mayor, which notice shall be delivered to the said Pilot personally, or 
 be left at his usual place of abode at least two days previous to the 
 time mentioned in such notice for his appearance, to show cause, if 
 any there be, why his License should not be suspended or revoked : 
 And if such Pilot shall neglect or refuse to appear as required by the 
 said notice, or if on appearing before the said Mayor and Justice he 
 shall not show good and sufficient cause why his License should not 
 be suspended or revoked, it shall bq lawful for the said Mayor and 
 Justice either to revoke the License of the said Pilot or to suspend 
 him from acting as such for such time as they may deem proper, and 
 upon every such suspension or revocation made by any Mayor and 
 Justice they shall transmit a minute thereof specifying the reasons 
 or causes therefor to the said Commissioners to be copied into their 
 Book. 
 
 XLI. And be it, &c., that the said Commissioners and also the witnesses. 
 Mayors and Justices aforesaid respectively, shall have power and 
 authority to issue Subpoenas and compel the attendance of Witnesses 
 to testify before them in all cases which they are authorized to adju- 
 dicate under this Act, and to administer oaths to such "Witnesses ; and 
 that every person duly Subpoenaed as a Witness who shall not appear, 
 or appearing shall refuse to testify, shall forfeit for every such offence 
 (unless some reasonable cause of excuse shall be shown on his Oath or 
 the oath of some other person) such fine not exceeding Fifty pounds 
 as the said Commissioners or Mayor and Justice shall think reason- 
 able to impose, and in default of payment be liable to be committed 
 by the said Commissioners, or Mayor and Justice to the common 
 Gaol, for any time not exceeding Six Calendar Months ; And such 
 fine when collected shall be paid into the Public Treasury to be ap- 
 plied as other fines under this Act : And that if any person upon any False eti- 
 examination before any Commissioners or Mayor and Justice of the ''™''^' 
 Peace under this Act shall wilfully and corruptly give false evidence, 
 he shall be deemed guilty of perjury, and being convicted thereof 
 shall suffer the pains and penalties of perjury : And it shall be law- Allowance 
 ful for the said Commissioners to make similar allowances for the es. 
 expense of Witnesses attending before them on such appeals as are 
 allowed to Witnesses attending the Court of General Assize in civil 
 cases, to be paid by the party giving security for the same as afore- 
 said. And it shall be lawful for the said Commissioners, and also the constables 
 said Mayors and Justices respectively to employ any Constable in pi-o™sf. 
 these Islands, to serve Subpoenas, Summonses, or other process, and 
 any Constable so employed shall be entitled to receive out of the 
 Public Treasury of these Islands, the usual fees allowed by law for 
 similar services, to be provided for like other contingent charges of 
 government. 
 
 XLII. And be it, &c., that if any Suit or Action be brought or indemnity 
 prosecuted against any person for any thing done or omitted to be undeTuTto 
 done in pursuance of this Act, such Suit or Action shall be com- ^ct. 
 menced withia Six Calendar Months next after the fact committed or 
 omitted, and not otherwise, and the Defendant in such Action or Suit 
 
374 BERMUDA ACTS. [1843. 
 
 may plead generally ttat the cause of action, if any, accrued against 
 the Defendant whilst acting under the authority of this Act and may 
 give this Act and any special matter in evidence ; and if it shall ap- 
 pear that such Act was done or omitted to be done by authority or 
 in pursuance of this Act, or that such Action or Suit was brought 
 after the time limited for bringing the same, then the.Yerdict and 
 Judgment shall be for the Defendant, in which case, or if the Plain- 
 tiff shall become non Suit, or suffer a discontinuance of such Action 
 or Suit, or if upon demurrer Judgment shall be given against the 
 Plaintiff, the Defendant shall recover treble costs of Suit. 
 
 Duration of XLIII. And be it, &c., that this Act shall commence in opera- 
 tion on the first day of July in this present year and shall continue 
 in force until and throughout the thirty first day of December which 
 will be in the year of Our Lord one thousand eight hundred and 
 forty eight. 
 
 Act. 
 
 SCHEDULE A. 
 
 Be it Remembered, that on the day of 
 
 in the year ^. ^. of C. D. of 
 
 and E. F. of came before us 
 
 \]iere insert the names of the Comrmissioners\ Commissioners 
 of Pilotage under the Act intituled " An Act for the better 
 regulation of the Pilotage," and acknowledged themselves to 
 owe to our Sovereign Lady the Queen, each the sum of Fifty 
 Pounds, to be levied of their Goods and Chattels, Lands and 
 Tenements respectively, to the use of our said Lady the 
 Queen, Her Heirs and Successors, if the said A. B. shall 
 make default in the Condition hereunder written. 
 
 Whereas the above bounden A. B. hath lately applied for a Li- 
 cense to aet as a Pilot under the Act the title whereof is above recited, 
 and in order to obtain such License is required by the said Act to 
 give Recognizance with such Condition as is hereinafter contained. 
 
 Now the Condition of the above written Recognizance is such, 
 that if the said A. B. do and shall well and truly pay or cause to be 
 paid all such forfeitures, fines, and penalties as during the operation 
 of the said License he shall be adjudged to pay under the said Act, or 
 any Act in amendment or continuation thereof, then this Recognizance 
 to be void, otherwise to remain in full force and Virtue. 
 
 Taken and acknowledged before us. 
 
 to^ 
 
 ■ Commissioners. 
 
1843.] BERMUDA ACTS. 375 
 
 SCEEDULE B. 
 
 To all to whom these Presents shall come, We, tlie undersigned Com- 
 missioners gf Pilotage for the Isla/nds of Bermuda, send 
 GreetA/ng : — 
 "Whekeas a. B. hath made application to us to be licensed as a 
 Pilot and hath been examined in our presence and in the 
 presence of G. D. Master Mariner, (and Q. H. a Licensed 
 Pilot,) touching his qualifications, for a Pilot, or has been 
 accompanied by C. J), in and through the usual Channels 
 for Vessels coming into, or departing from the several 
 Ports in these Islands, (or in and through the usual Chan- 
 nels at the East end of these Islands for Vessels coming 
 into or departing from the several Ports in these Islands,) 
 and hath proved to the satisfaction of us, and of the said Ex- 
 aminer that he is of good character and temperate habits, 
 and of sufficient ability, skill and experience to act as a 
 Pilot for these Islands : 
 
 And hath also proved to our satisfaction that he is provided with 
 a good and sufficient decked sailing Boat of feet by 
 
 the keel, and of other proportionable dimensions in a sea- 
 worthy state, subject to his orders for Pilotage Service ; 
 and hath also proved to our satisfaction that he hath served 
 at sea in the capacity of Master or Mate of a Vessel or 
 Vessels for two years at least, or in the capacity of Mariner 
 on board of some square rigged Vessel or Vessels for the 
 space of two years at least ; (or, and hath also proved to 
 our satisfaction that he hath been licensed as a Pilot for 
 three yeai-s next preceding the first day of January one 
 thousand eight hundred and forty-three — and during that 
 period of time hath not been suspended from his privileges 
 as a Pilot or otherwise punished for any misconduct in the 
 performance of his duty as a Pilot,) and hath complied 
 with all other the requisites of the Act of the Legislature 
 in such case made and provided. 
 
 These are therefore in Her Majesty's name to license the said 
 A. B. to act as a Pilot for the Islands of Bermuda, and to 
 have and enjoy all lawful fees, privileges, and profits, 
 appertaining to such appointment. 
 
 Given under our Sands and Seals at Bermuda, 
 the day of 18 
 
 Comr. (Z. S.) 
 Conw. {L. S.) 
 Comr. (Z. S.) 
 E. S., ClerJo of the Commissioners. 
 
 [Endorsed.] — The within named A. B. plies in the Pilot 
 Boat No. of Hamilton (or St. George.) 
 
 K. S. 
 
 [This Act with amendments and Acts of 1848, 1854- and 1S51 continued in force to the 
 end of 1866, by Act of 1860, No. 3.] 
 
376 
 
 BEEMUDA ACTS. 
 
 [1843. 
 
 1843. No. 6. 
 
 AN ACT for Eegulating Punishments on Tread Wheels. 
 
 [20 June, 1843.] 
 
 Preamble. 
 
 Employment 
 of Offenders 
 on a Tread 
 Wheel or 
 Tread Mill 
 to be deem- 
 ed hard la- 
 bor. 
 
 Court ad- 
 judging such 
 sentence to 
 direct the 
 days and 
 number of 
 spells. 
 
 And dura- 
 tion and In- 
 tervals be- 
 tween the 
 Spells. 
 
 Proviso. 
 
 WHEREAS Tread Wheels have been erected in the Gaols in 
 Hamilton and St. George for the punishment of Offenders, and it is 
 expedient to regulate the working of Offenders on such Tread 
 Wheels : — 
 
 I. We, &e., and be it enacted, &c., that wherever by any Law 
 which now is, or hereafter shall be in force in these Islands, hard 
 labour is or shall be authorized as a punishment, and no other descrip- 
 tion of hard labour is specifically directed by such Law, employment 
 of the Offender either on a Tread Wheel or on a Tread Mill shall be 
 deemed and taken to be hard labour, and may be enforced upon such 
 Offender : — And that any Court or Justices or Justice adjudging any 
 sentence of hard labour upon a Tread Wheel or Tread Mill shall ex- 
 pressly direct the day or number of days, and the number of spells in 
 each day, and the duration of each spell, and the intervals between 
 every such spell that the Offender shall labour on such Tread Wheel 
 or Tread Mill : — Always provided, that no person shall be compelled 
 to labour longer than fifteen minutes at one spell, nor at a shorter 
 interval than forty-five minutes between every spell ; nor before Sun- 
 rise nor after Sun-set, nor between the hours of twelve o'clock at noon, 
 and two in the afternoon, as an interval for dinner, nor between the 
 hours of nine and ten o'clock in the morning, as an interval for break- 
 fast, and that the hour of one o'clock in the afternoon be the period 
 for dinner, and the hour of nine in the morning be the period for 
 breakfast, 
 
 P^S''' H. And be it, &c._, that wherever the words « Tread Mill," occur 
 
 meana?3o ^"^ ^^^7 ^^^ °^" *^® Legislature of these Islands, the same shall be un- 
 " Tread dcrstood also to mean " Tread Wheel." 
 
 Wheel." 
 
 HI. And whereas instances have occurred of Offenders sentenced 
 to hard labour on a Tread Wheel contumaciously refusing to undergo 
 such punishment, and it is therefore necessary to provide some mode 
 of compulsion in such cases : be it, &c., that in every such case the 
 Superintendent of the Tread Wheel shall be and he hereby is author- 
 ized and empowered to compel such offender to undergo such punish- 
 ment by such whipping, ,not exceeding twenty four lashes, in the 
 course of any one day, as may be requisite for the purpose ; and that 
 in all cases in which it shall be necessary the term of imprisonment 
 of such contumacious Offender shall be prolonged until the punish- 
 ment to which he or she shall have been sentenced shall have been 
 suffered : — Provided always, that when any person sentenced to such 
 hard labour shall complain to such Superintendent that he or she is 
 unable, through sickness, weakness, or other cause, to undergo such 
 punishment, such Superintendent is hereby strictly required and 
 enjoined immediately to report the same to one of the visiting Justices 
 of the Gaol, or to the Medical Attendant of the Gaol, (if there be one,) 
 
 Offender 
 contumaci- 
 ously refus- 
 ing to labor 
 may be com- 
 pelled by 
 whipping 
 not exceed- 
 ing 24 lash- 
 es in one 
 day. 
 
 (See 1844.) 
 And his 
 term of im- 
 prisonment 
 prolonged. 
 
 Proviso, 
 as to remis- 
 sion of la- 
 bour. 
 
1843.] BEEMUDAACTS. 377 
 
 so tliat tlie attendance of a Medical Practitioner be obtained, and his 
 opinion ■whetber there is a necessity for a partial or entire remission 
 of such labour; and the said Superintendent is hereby authorized 
 and required to make such remission of labour as may be certified by 
 such Medical Practitioner to be necessary; 2iXidi provided also, that ^°'^'°- 
 in all cases of a remission of such labour it shall be lawful for the 
 visiting Justices of the Gaol to direct the infliction of it, under the 
 restrictions of this Act, on some other day ; Sundays, or such other 
 day as the Offender may have been sentenced to hard labour ex- 
 cepted, if the terms of the original Sentence will admit of it, and the 
 Medical Attendant shall certify it may be safely done. 
 
 IV. And be it, &c., that the Provost Marshal General, or his law- Marshal to 
 ful Deputy, be, and he is hereby required to provide, at the Public biaSets to 
 expense, a sufficient number of blanltets for the purpose of wrapping ^H^l °' 
 up the Offenders sentenced to labour on the Tread Wheel or Tread 
 Mill in each Gaol when relieved from their spells thereon : — and the superin- 
 Superintendent is to provide, at the Public expense, and keep a Book t™keep a 
 wherein shall be regularly entered the name of every person sentenced ?i?ead wheei 
 to work upon the Tread Wheel or Mill, the date of his or her com- p™^^- 
 mitment, and the time for which sentenced and committed to labour 
 thereon, and the time or times of carrying such sentence into execu- 
 tion, or any variation therefrom, by virtue of this Act, or of a pardon, 
 and the number of stripes at any time inflicted on contumacious 
 offenders by virtue of this Act, and the hours and days when inflicted. 
 — And the Provost Marshal General, and his Deputy, and the Super- Marshal 
 intendent, shall keep and observe as well the Pules and Pegulations fntendenTto 
 herein mentioned, as also such other Eules and Pegulations as the "^fes"* 
 Court of Quarter Sessions of the Peace may from time to time make 
 in respect of such Tread Wheels or Mills, and the Prisoners sentenced 
 to labour thereon : — Always provided, that nothing in this Act con- Proviso, not 
 
 . . -1 , T n i, 1 X J- 1 J, to extend to 
 
 tained extend or be construed to extend to any person or persons convicts 
 under sentence of Transportation to the Convict Hulks stationed in {,5™''°''^* 
 these Islands, and employed at the Dock Yard or any of Her Majes- 
 ty's public works in these Islands as Convicts. 
 
 V. And be it, &c., that this Act shall be and continue in force Duration. 
 from the ninth day of July in this present year, and until and through- 
 out the thirty-first day of December, which will be in the year of our 
 Lord One Thousand Eight Hundred and Forty Eight. 
 
 [Amended by Act of 1844, No. 13 — and this Act and that of 1844 continued to the end 
 of 1862, by Act of 1852, No. 5.] 
 48 
 
378 
 
 BERMUDA ACTS, 
 
 [1843. 
 
 1843. No. 7. 
 
 AN ACT to extend the operation of the Act intituled " An Act to 
 enable the Holders of small parcels of Land within the Bermuda 
 Islands, in fee tail, to alter the same to fee simple, and directing 
 the mode of doing the same," to pa/roels of Land not exceeding 
 twenty-five Acres. 
 
 [22 June, 1843.] 
 
 Preamble. WHEEEAS the Act whereof the Title is above recited was passed 
 
 by the Legislature of these Islands in the year one thousand seven 
 hundred and eighty-nine, to enable any person seised of an Estate in 
 fee tail in any parcel of land in these Islands not exceeding five acres 
 to alter such estate from fee tail to fee simple by executing a Convey- 
 ance and recording the same in the Secretary's Office of these Islands, 
 as therein mentioned, and whereas the said Act received the Eoyal 
 Assent and has been found beneficial in its operation ; and it is deemed 
 expedient to extend the same to larger parcels of land : — 
 
 Provisions 
 for the Act 
 of 1789 ex- 
 tended to 
 any parcel 
 of land not 
 exceeding 
 25 acres. 
 
 Proviso. 
 
 Act not to 
 be in force 
 until Her 
 Majesty's 
 assent. 
 
 I. We, therefore, &c., and be it enacted, ""&c., that all and singular 
 the enactments and provisions contained in the said Act passed in the 
 year one thousand seven hundred and eighty-nine, intituled " An Act 
 to enable the holders of small parcels of land in the Bermuda Islands 
 in fee tail, to alter the same to fee simple, and directing the mode of 
 doing the same" — shall extend and apply to, and be deemed, held and 
 construed to extend and applied to any parcel of land situate in these 
 Islands not exceeding twenty-five acres of land ; and to any person or 
 persons seised of an Estate in fee tail in any such parcel of land: Pro- 
 vided always, that any Deed or Conveyance which may be executed 
 under the provisions of this Act, shall be recorded in the Secretary's 
 Office aforesaid (or deposited at the said Office for the purpose of being 
 recorded) within Six Calendar Months from the time of the execution 
 of any such Deed or Conveyance : Provided also, that this Act shall 
 not be in force until Her Majesty's Assent thereto shall be had and 
 made known in these Islands. 
 
 [Confirmed by the Queen, 13 December, 1S43.] 
 
 1843. No. 8. 
 
 AN ACT for establishing a Public Museum. 
 
 [1 July, 1843.] 
 
 Preamble. 
 
 WHEREAS a Public Museum, containing a collection of objects 
 of Natural History and Works of Art, would be beneficial to the Com- 
 munity, and it is expedient that such a Museum should be established 
 and maintained under proper regulations : 
 
1843.] BERMUDA ACTS. 379 
 
 I. We, therefore, &c., and be it enacted, &c., that in order to ^^;^«//^°^ 
 establish such a Museum it shall be lawful for the Trustees of the Ber- daVra™' 
 muda Library to place and deposit in any of the Lobbies in the Build- tT'pil'J'etn 
 ing in the Town of Hamilton, erected at the expense of the Colony for %';^p*„'^! 
 a Legislative Council Chamber and other public uses, as a temporary iio Buiaing 
 
 ^ -1.1 n ^ 1 'IJIL such objects 
 
 arrangement and until some more nt place can be proviaed, sucn of Natural 
 objects of Natural History and Works of Art, and such cases for con- ^^^^o,*""^ 
 taining the same as the said Trustees shall think fit, and as the said ^^^^^^^ 
 Trustees shall consider can be so placed and deposited Tvitl^oiit *'• 
 obstructing or incommoding any of the Public Officers in the occupa- 
 tion of the apartments allotted to them respectively in the said Build- 
 ing, or interfering with the other public uses to which the said Build- 
 ing should be applied. 
 
 II. And be it, &c., that the said Museum shall contain such '^l^^l^ 
 objects of ISTatural History and Works of Art as shall from time to time objects con- 
 be contributed thereto by donation, and accepted by the Trustees for donation or 
 the time being ; or purchased with any funds which may be bestowed p"""!*'^*- 
 by individuals or appropriated for that purpose by the Legislature of 
 
 these Islands. 
 
 in. And be it, &c., that the said Trustees shall have power and Trustees to 
 authority, from time to time, to appoint Officers and to make Kegula- cer's°ana° 
 tions for the good government, management, arrangement, preserva- {^tbns^^^ 
 tion, access to, and use of the said Museum, as to them may seem 
 meet i — And that the said Regulations, or any of them, may from time 
 to time be altered or annulled by the said Trustees. 
 
 lY. And be it, &c., that the Public Treasurer be, and he hereby Public irea- 
 is authorized and required to pay to the order of the said Trustees, out them xso""^ 
 of any unappropriated monies in the Public Treasury, any sum or s^tawe'" 
 sums not exceeding Fifty Pounds in the whole, to enable them to ob- cases for 
 tain suitable Cases for containing any objects of Natural History or object" * 
 Works of Art, which may hereafter be deposited in the said Museum. 
 
 1843. No. 13. 
 
 AN ACT in part to repeal am Act intituled, " An Act for regu- 
 lating the fronts of Streets in the Town of Hamilton." 
 
 [7 August, 1843.] 
 
 WHEREAS by an Act of the Legislature of these Islands passed Preamble, 
 in January one thousand eight hundred and twenty-nine, intituled, 
 " An Act for regulating the fronts of Streets in the Town of Hamil- 
 ton," it is, among other things, enacted, " That no person shall erect 
 any stone building within -the distance of nine feet from the Street, 
 upon any lot bounding on any of the Streets running in an Easterly 
 and Westerly direction in the said Town, nor in the front Street, ex-* 
 cept in a range with the houses already built, in front of which has 
 been left a space of nine feet as aforesaid." 
 
 And whereaSj it is expedient in part to repeal the same : 
 
380 BERMUDA ACTS. [1844. 
 
 Act of 1829 I. We, &c., and be it enacted, &e., that all and every the Enact- 
 l^ctft^ ments and Provisions in the said Act contained which relate to any 
 boancingon 1'°* or Lots bounding on any or either of the Streets of the said Town 
 street°°' "^hich run in an Easterly and Westerly direction (except the Front or 
 Southern Street of the said Town) be, and the same are hereby re- 
 pealed accordingly. 
 
 1844. No. 1. 
 
 AN ACT for Improving the Law of Evidence. 
 
 [22 June, 1844.] 
 
 Preamble. WHEEEAS the luquiry after truth in Courts of Justice is often 
 
 obstructed by Incapacities created by the present Law, and it is desir- 
 able that full Information as to the facts in issue, both in criminal 
 and Civil cases, should be laid before the persons who are appointed 
 to decide upon them, and that such persons should exercise their judg- 
 ment on the credit of the witnesses adduced, and on the truth of their 
 testimony : now therefore ; 
 
 No Witness I. "We, &c., and be it enacted, &c., that no person offered as a 
 citateTby" Witness shall hereafter be excluded, by reason of incapacity from 
 t"rest °^ '" Crime or Interest, from giving evidence either in person or by depo- 
 sition, according to the practice of the Court, on the trial of any issue 
 joined, or of any matter or question, or on any inquiry arising in any 
 suit, action, or proceeding. Civil or Criminal, in any Court, or before 
 any Judge, Jury, Sheriff, Marshal, Coroner, Magistrate, Officer or 
 Person having, by Law or by consent of Parties, authority to hear, 
 receive and examine evidence : but that every person so offered may 
 and shall be admitted to give evidence on Oath or Solemn affirmation, 
 in those cases wherein affirmation is by law receivable, notwithstanding 
 that such person may or shall have an Interest in the matter in ques- 
 tion, or in the event of the trial of any issue, matter, question or 
 injury, or of the suit, action, or proceeding in which he or she is 
 offered as a Witness, and notwithstanding that such person offered as 
 Proviso : a Witucss may have been previously convicted of any crime or offence: 
 dercompe'- Pvovided, that this Act shall not render competent any party to any 
 *'k°rt*ontiie ^^^*' actiou or proceeding individually named in the Eecord, or any 
 Record, or Lcssor of the Plaintiff, or Tenant of premises sought to be recovered 
 Tenantl^ vo. Ejcctmeut, or the Landlord or other Person in whose right any 
 or°Re"ievin. Defendant in Keplevin may make cognizance, or any person in whose 
 Proviso : not immediate and individual behalf any action may be brought or de- 
 ^mjlmli- fended, either wholly or in part or the Husband or Wife of such 
 SM° of the^ persons respectively. Provided also, that this Act shall not repeal 
 im the ' any provision in a certain Act of the Governor, Council, and Assem- 
 tr^^Ttll bly of these Islands, passed in the year one thousand eight hundred 
 riwiuf ^''°' and forty, intituled " An Act for the Amendment of the Laws with 
 Proviso: not respect to wills I " Providcd also, that this Act shall not repeal any 
 'aV^^Tvi- provision in a certain other Act of the Governor, Council and Assem- 
 sionofthe bly of thcsc Islauds, passcd in the year One thousand eight hundred 
 Regulating and fourteen, to repeal certain Acts therein mentioned, and for the 
 tiie Courts, fm-ther, better and more complete establishment and regulation of the 
 
1844.] BERMUDA ACTS. 881 
 
 Courts of Judicature within these Islands. Provided also, that in Proviso: 
 Courts of Equity any Defendant to any cause pending in any such fn^mr^ 
 Court may be examined as a Witness on the behalf of the Plaintiif, ^^^^l ^f 
 or of any Co-defendant in any such cause, saving just exceptions; witneBseain 
 and that any interest which such Defendant so to be examined may c^seT 
 have in the matters, or any of the matters in question in the cause, 
 shall not be deemed a just exception to the testimony of such Defend- 
 ant, but shall only be considered as affecting or tending to affect the 
 credit of such Defendant as a "Witness. 
 
 II. And be it, &c., that nothing in this Act shall apply to or 1^"^^"^ °.»' 
 affect any suit, action or proceeding brought or commenced before the pending, 
 passing of this Act. 
 
 III. And be it, &c., that this Act shall be, and continue in Duration, 
 force until and throughout the thirty-first day of December, which 
 
 will be in the year of our Lord, one thousand eight hundred and 
 forty -six. 
 
 [This Act together with Acta of 1846, 1853, and 1855, continued to the end of 1867 by 
 Act of 1857, No. 8. 
 
 See Acts of 1846, No. 10, of 1853, No. 3, and of 1855, No. 2.] 
 
 1844. No. 4. 
 
 AlSr ACT to continue and ainend the Act intituled " An Act for con- 
 solidating and amending the Statute Law relative to Offences 
 against the person^ 
 
 [22 June, 1844.] 
 
 WHEEEAS the Act intituled "An Act for consolidating and Preamble. 
 amending the Statute Law relative to Offences against the Person " 
 — was passed by the Governor, Council and Assembly of these Islands 
 in the year one thousand eight hundred and thirty-eight, for a limited 
 period, and it is deemed expedient to continue the same with the 
 amendments hereinafter contained, for a further period : — 
 
 I. We therefore, &c., and be it enacted, &c., that the said Act Actonsss 
 intituled " An Act for consolidating and amending the Statute Law '=°°*™"«*- 
 relative to Offences against the Person " — be, and tnQ same hereby is 
 continued in force during the continuance of this present Act. 
 
 II. And be it, &c., that every person who shall counsel, aid or Peraons aid- 
 abet the commission of any misdemeanor, punishable under the said ael„'°anora 
 Act passed in the year one thousand eight hundred and thirty-eight, ^»™.''*^''' 
 or under this present Act, shall be liable to be proceeded against and pais. 
 punished as a principal Offender. 
 
 III. And whereas it is considered that the offence of Buggery, Act of 1827 
 might be more effectually checked if it were not made a Capital thepSh- 
 Offence ; be it, &c., that the Act of the Governor, Council and Assem- ™™'J'/ 
 bly of these Islands, passed in the year one thousand eight hundred peaild7 '^*' 
 
382 BERMUDA ACTS. [1844. 
 
 and twenty-seven, intituled "An Act declaring the pnnishment of 
 Buggery " shall, from and after the passing of this Act, be repealed ; 
 except as to Oifences and other matters committed or done before the 
 passing of this present Act — which shall be dealt with and punished 
 as if this Act had not been passed. 
 
 That crime lY. And be it, &c., that every person convicted of the abominable 
 ny punish-' Crime of Buggery, committed either with mankind or with any Ani- 
 prirammt. ™^1? ^hall be guilty of Felony ; and shall be liable to be imprisoned, 
 
 with or without hard labour, in the common Gaol, for such term as 
 
 the Court shall award. 
 
 ttiCTeifjur ^- ^^^ ^® ^*' *^'^-' ^^^^ °^ ^^^ *^'^^^ ^^ ^^y person for the crime 
 
 may acquit of Buggcry, it shall be lawful for the Jury to acquit of the Felony, 
 
 ^ andTOn- and to find a verdict of guilty of attempting to commit the said Crime, 
 
 Tttempt. "'° against the person indicted, if the evidence shall warrant such finding : 
 
 - — and when such verdict shall be so found, the Court shall have power 
 
 to imprison the person so found guilty of attempting to commit the 
 
 said Crime, for any term not exceeding three years. 
 
 Mode of im- VI. And be it, &c., that when any person shall be convicted of 
 ofoSnders. any Ofi'encc punishable under this Act, for which imprisonment may 
 be awarded, it shall be lawful for the Court to sentence the Offender 
 to be imprisoned, or to be imprisoned and kept to hard labour : — and 
 also to direct that the Offender shall be kept in solitary confinement 
 for any portion or portions of such imprisonment, or of such imprison- 
 ment, with hard labour, not exceeding one Calendar month at any 
 one time, and not exceeding three Calendar months in any one year, 
 as to the Court, in its discretion, may seem meet. 
 
 Duration. YII. And be it, &c., that this Act shall be and continue in force 
 
 until and throughout the last day of December — which will be in the 
 year of our Lord one thousand eight hundred and forty-nine. 
 
 Maybe YIII. Aud bc it, (fec, that this Act may be amended, varied, 
 
 amended in altered, or repealed by any Act or Acts to be passed in this present 
 
 this Session, ri • ^ ii, T • i 1 
 
 Session oi the Legislature. 
 
 [Continued to the end of 1868, by Act of 1857, No. 13.] 
 
 1844. No. 5. 
 
 AN ACT declaring the period of the duration of the General 
 
 Assembly. 
 
 [2 July, 1844.] 
 
 WHEEEAS it is deemed expedient to define the period of the 
 duration of the General Assembly : 
 
 The Gener- I- ^6, therefore, &c., and be it enacted, &c., that this present 
 to 4ntoue^ General Assembly, and every other General Assembly that shall at 
 for seren any time hereafter be called, assembled, or held in these Islands under 
 
 Preamble. 
 
1844.] BERMUDA ACTS. 383 
 
 tlie authority of Her Majesty, Her Heirs, or Successors, shall and may fe^sB^ione'r 
 respectively have continuance for the period of seven years and no disBoived. 
 longer, to be accounted from the day on which this present General 
 Assembly hath been, or any future General Assembly shall _ be 
 appointed first to assemble and meet after any General Election, 
 unless this present or any such General Assembly hereafter to be sum- 
 moned or called, shall be sooner dissolved by the Governor, or the 
 Officer administering the Government of the said Islands for the time 
 being. 
 
 II. Provided always, and be it, &c., and declared, that nothing in llf^^''l^^^^ 
 this Act contained shall be deemed or construed to abridge or alter the preroga- 
 the Eoyal Prerogative of Her Majesty, Her Heirs, and Successors, to oTown to 
 dissolve this or any other General Assembly in these Islands ; or to i^''°^if,*^ 
 abridge or alter the power of any Governor or Officer administering 
 
 the Government of these 'Islands, for the time being, to dissolve this 
 or any other General Assembly in these Islands. 
 
 III. Provided always, and be it, &c.,that nothing in this Act con- p^ai'lc^ot 
 tained shall be deemed or construed to repeal, or alter the Act passed ifei, for 
 by the Legislature of these Islands in the year one thousand seven Assembiy^on 
 hundred and sixty-one, intituled " An Act for the continuing of Gene- fhTcrown. 
 ral Assemblys in case of the death or demise of His Majesty, His 
 
 Heirs, or Successors ; and for making valid all Acts of the Governor 
 and Council for the time to come ; and all Judgments and Proceedings 
 at Law which have already happened, or shall happen between the 
 death of any King or Queen of Great Britain and the notification 
 thereof in these Islands." 
 
 IV. And be it, &c., that this Act shall not commence in operation to operation 
 before the Poyal Assent thereto shall be had and made known in Royafas-* 
 
 these Islands. aent thereto. 
 
 [[Confirmed by the Queen, 3 February, 1845.] 
 
 1844. No. 9. 
 
 AN ACT/bj' improving the Police in and nea/r the Towns of Ha/mil- 
 ton and St. Oeorge, and for oth&r purposes. 
 
 [19 July, 1844.] 
 
 "WHEEEAS it is expedient to maintain an efficient system of Preamble. 
 Police, in and near the Towns of Hamilton and Saint George, and 
 to extend some of the provisions therefor to other parts of these 
 Islands : — 
 
 I. We, therefore, &c., and be it enacted, &c., that in order to en- Governor to 
 sure the execution of this Act, it shall and may be lawful for the S?e°Ma'gis°-" 
 Governor or Officer administering the Government of these Islands, to *'="^»- 
 issue one or more Commission or Commissions under the Great Seal 
 
384 
 
 BERMUDA ACTS, 
 
 [1844. 
 
 Their au- 
 thority. 
 
 of these Islands to such person or persons as he shall think fit, appoint- 
 ing one such person residing in the Parish of Pembroke, to be Police 
 Magistrate for the Town of Hamilton, and another such person 
 residing on the Island of Saint George, to be Police Magistrate for the 
 Town of Saint George, and every such person to or in favour of whom 
 such Commission shall be issued, shall by force and virtue thereof and 
 without any other Commission, be entitled and competent to act as a 
 Justice of the Peace within the limits prescribed by such his Commis- 
 sion, and as hereinafter defined, and shall have all such powers and 
 authorities, privileges and advantages, and be liable to all such respon- 
 sibilities and duties as any other Justice of the Peace by the laws of 
 these Islands now has or hereafter may have : Provided always, that 
 nothing herein contained shall be construed to disqualify any person 
 commissioned as a Police Magistrate as aforesaid, from being included 
 in the General Commission of the Peace for these Islands, or from 
 being a Justice of the Peace for any Parish or District within these 
 Islands: Provided also, that any person to be appointed a Police 
 Magistrate by virtue of this Act, shall, before he shall begin to execiite 
 the duties of his Office, take the following Oath before the Governor 
 or Officer administering the Government of these Islands, (that is to 
 say): — I, A. B., do swear that I will faithfully, impartially, and 
 honestly, according to the best of my skill and knowledge, execute all 
 the powers and duties of a Justice of the Peace under and by virtue of 
 an Act intituled " An Act for improving the Police in and near the 
 Towns of Hamilton and Saint George." Provided also, that any per- 
 son heretofore appointed a Police Magistrate under and by virtue of 
 the Act passed in the year one thousand eight hundred and thirty- 
 eight, " For improving the Police in and near the Towns of Hamilton 
 and St. George," or any Act in extension or amendment thereof, and 
 holding such appointment at the time of the passing of this present 
 Act shall be deemed and held to be a Police Magistrate under this 
 present Act, and invested with all the powers, authorities, privileges, 
 and advantages, responsibilities and duties of such Magistrate under 
 this Act, without being again commissioned or sworn under this Act, 
 subject nevertheless to be removed from such appointment, in like 
 manner as any Police Magistrate commissioned under this present 
 Act might be removed. 
 
 Duties of n. And be it, &c., that in addition to the general duties of a 
 
 Magistrates. Jugtice of the Pcacc it shall be the duty of every such Police Magis- 
 trate to attend at some known and convenient place within the limits 
 of the Town for which he is appoiuted for the performance of his duty 
 as a Justice of the Peace on every Monday, "Wednesday, and Friday, 
 (except Good Friday, Christmas Day, and the Queen's Birth-day), be- 
 tween the hours of ten in the morning and four in the afternoon, and 
 on other days between the same hours, when particularly required for 
 the discharge of any official duty as such Police Magistrate ; and such 
 Police Magistrate shall not be entitled to, nor receive any fees or per- 
 quisites whatever (except his Salary as hereinafter mentioned, and 
 except fees in civil cases), for any thing by him done in the capacity 
 of a Justice of the Peace, and in all eases in which such Police Magis- 
 trate shall act conjointly with any other Justice of the Peace, such 
 other Justice of the Peace shall be entitled to the same proportion of 
 
 Their Oath. 
 (See 1S47, 
 No. 14, § 5.) 
 
 Police Mag- 
 istrates ap- 
 pointed un- 
 der Act 
 of 1838, con- 
 tinued under 
 this Act, sub- 
 ' ject to remo- 
 val. 
 
 Pays of at- 
 tendance. 
 
 Not to re- 
 ceive Fees 
 except in 
 Civil cases. 
 
1844.] BERMUDA ACTS. 385 
 
 fees as he woiild. have been entitled to receive, if such Police Magis- 
 trate were entitled to receive fees : and the Governor or Officer ad- ^"''^l'^^ 
 ministering the government of these Islands shall have power to Pouce Mag- 
 remove any such Police Magistrate if he shall see occasion so to do, appoint ™ 
 and may upon any vacancy in any such appointment by death, re- °"'^™- 
 moval or otherwise, appoint some other fit person as a Police Magis- 
 trate in lieu of the person making such vacancy. 
 
 m. And be it, &c., that every such Police Magistrate shall be ^^^'"^'^^ 
 allowed a Salary of Sixty Pounds per annum, to be paid to him in (sceissg, 
 four quarterly payments up to the last days of March, June, Septem- ^°-^^> 
 ber and December, in every year during the continuance of this Act 
 by the Public Treasurer out of any unappropriated monies in the 
 Public Treasury, and the Public Treasurer is hereby authorized and 
 required to pay such Salary upon production of a Warrant from the 
 Governor or Officer administering the Government of these Islands 
 for the "time being and a certificate from such Governor or Officer 
 administering the Government of these Islands for the time being, 
 certifying such Police Magistrate to have been engaged in the perform- 
 ance of the duties of his office during the period of time expressed in 
 such certificate. 
 
 lY. And be it, &c., that for the purposes of this Act, the limits PoUoe umits 
 of the said town of Hamilton shall be deemed to extend Easterly as andst. 
 far as and inclusive of the Glebe Land to the Eastward of the said <*^°''s^- 
 Town, and Westerly as far as the land held by the Honorable Eobert 
 Kennedy, exclusive of that land, Northerly as far as the central Canal 
 through the Marsh, and Southerly to the "Waters of Hamilton Har- 
 bour, including Vessels and Craft in that Harbour ; and that the limits 
 of the said Town of Saint George shall be deemed to extend Easterly 
 as far as the land lately occupied by William Eichardson, inclusive of 
 that land, and Westerly as far as the land formerly held by William 
 P. Fleming inclusive of that land, Northerly as far as the Sea Shore, 
 and Southerly to the waters of Saint George's Harbour, including Ves- 
 sels and Craft in that Harbour. 
 
 V. And be it, &c., that it shall and may be lawful for His Excel- Governor to 
 lency the Governor or other Officer administering the government of uce°con8^a- 
 these Islands, to appoint,. during pleasure, one Head Police Constable, '''^'• 
 and one Assistant Police Constable, for each of the said Towns who 
 shall severally be sworn by the said Governor or Officer administering their oath. 
 the government, faithfully and diligently to act as Police Constables 
 under this Act, and shall have all such powers, authorities, privileges Authority. 
 and advantages, and be liable to all such responsibilities and duties 
 (save and except attendance upon the Courts of General Assize and 
 General and Quarter Sessions of the Peace, and the serving of Parish 
 notices) as any other Constable by the Laws of these Islands now has 
 or hereafter may have : aud that every such Police Constable for the And places 
 Town of Hamilton, shall reside within the limits of the said Town as en^et^'"" 
 hereinbefore defined, and every such Police Constable for the Town of 
 Saint George shall reside within the limits of that Town as herein- 
 before defined, and that no Officer of either of the Gaols shall be ap- 
 pointed a Police Constable, and that any such Governor or Officer Sa7dte°i^8 
 administering the Government may at any time suspend or dismiss "'™- 
 49 
 
386 BERMUDA ACTS. [1844. 
 
 from liis employment any such Police Constable whom he shall think 
 remiss or negligent in the discharge of his duty or unfit for the same, 
 and that when he shall be so dismissed, all powers rested m him as a 
 Constable by virtue of this Act, shall immediately cease_ and deter- 
 ProTiso. ^ mine. Provided alwmjs, that any certificate or other writmg signed 
 cerZcate by the Govemor or other Officer administering the government, certi- 
 ™°fo°f\p- fying any person therein named to have been by him appointed a 
 «'d'°^^8ai Police Constable, and to have been duly sworn before him to act as 
 or ismiaaa . p^^.^^ Coustablc, or to have been dismissed from such employment 
 shall be sufficient evidence of such person having been duly appointed 
 a Police Constable : or having been dismissed from such employment. 
 Provfao Provided also, that any person appointed a Police Constable under 
 appointed' and by virtue of the said Act, passed in the year one thousand eight 
 iS8%mt\a- hundred and thirty eight, or any Act in extension or amendment 
 "o?e'mOTaf thereof, and holding such appointment at the time of the passing of 
 o remova . ^^.^ ^^^^ ^^^^^ ^^ deemed and held to be a Police Constable under 
 this present Act, and invested with all the powers, authorities, privi- 
 leges, and advantages, responsibilities and duties of such Constable 
 without being again appointed or sworn under this Act : subject nev- 
 ertheless to be removed from such appointment in like manner as any 
 Police Constable appointed under this Act might be removed. 
 
 Duties of VI. And for the more effectual detection and punishment of offen- 
 
 ces under this Act, be it, &c., that it shall be the duty of th^ Head 
 Police Constable for each of the said Towns to be in attendance at the 
 To Attend Office of the Police Magistrate during Office hours, and also, if so 
 directed, daily and frequently in the course of every day to patrole 
 the streets, lanes, and other public places within the respective limits 
 of each of the said Towns most usually resorted to by loose, idle and 
 disorderly persons, and also the duty of both the said Police Constables 
 for each of the said Towns, if so directed in company with each other 
 twice in the course of every night, at such times, as shall be directed 
 Patrole bv the Police Magistrate to patrole the streets, lanes, and other public 
 streets. places witliiu their respective limits most usually resorted to by loose, 
 idle and disorderly persons, and it shall be the duty of every such 
 Head Constable to perform all the duties required by Law of Police 
 Constables, and it shall be the duty of every such Assistant Police 
 Sawe to" Constable to be aiding and assisting such Head Constable in the per- 
 poUc™on- formance of his duties to such an extent and in such manner as the 
 Btabiesduty, Policc Magistrates of the Town from time to time shall direct, and if 
 constabiTto it shall happen that any such Police Constable by sickness or other 
 wn?'*^^ unavoidable cause shall be prevented from performing his duty under 
 Constables this Act for any short period of time, and he shall provide a Substitute 
 temSraJ'*^ who may be approved of by the Police Magistrate, it shall be lawful 
 substitutes, for such Police Magistrate to swear in such Substitute to act in the 
 place of such Police Constable during such period, and such substi- 
 tute while so acting, shall have the same powers, authorities, privile- 
 ges and advantages (except the right to Salary,) and be liable to the 
 same responsibilities and duties as a Police Constable under this Act. 
 
 YII. And be it, &c., that the said Head Police Constables shall 
 
 Salaries'^" cach be allowcd a Salary of Fifty Pounds per annum, and the said 
 
 Assistant Police Constables shall each be allowed a salary of Pifteen 
 
 Pounds per annum, to be paid to them in four quarterly payments up 
 
 Police Con- 
 stables. 
 
 Magistrates. 
 
1844.] BERMUDA ACTS. 38T 
 
 to the last days of March, June, September and December, in every 
 year during the continuance of this Act by the Public Treasurer out 
 of any unappropriated monies in the Public Treasury, upon their pro- 
 ducing respectively to the Treasurer a Certificate from the Police 
 Magistrate of the Town for which they were appointed, certifying 
 such Police Constables respectively to have resided as required by 
 this Act, and diligently and faithfully to have performed the duties 
 prescribed to them by this Act during the period of time comprised 
 in such Certificate, and also producing to the Public Treasurer a War- 
 rant from the Governor or Officer administering the Government of 
 these Islands for such payment. Provided always, that nothing in ■*^"* ^"'' 
 this Act contained shall be construed to prevent any siicli Police Con- 
 stable from being allowed or receiving such lawful fees and perquisites 
 for any thing by him done in the capacity of Constable, as other Con- 
 stables are entitled to receive ; save and except that such Police Con- 
 stable shall not be allowed in addition to his aforesaid Salary, the 
 usual Salary paid to Parish Constables. 
 
 YIII. And be it, &e., that every Police Constable who shall be Penalty for 
 guilty of any neglect or violation of duty in his office of Police Con- duty!"' °' 
 stable shall be liable to a penalty of not more than ten Pounds, the 
 amount of which penalty on his conviction thereof before the Police 
 Magistrate may be deducted from any Salary then due to such 
 Offender, or, in the discretion of the Police Magistrate may be im- 
 prisoned for any time not more than one Calendar Month. 
 
 IX. And be it, &c., that every person openly exposing or exhibit- offences of 
 ing in any Street, road, public place or highway within the limits peraons who 
 aforesaid, any indecent exhibition, or openly and indecently exposing *J| fj'"'^' 
 his or her person, every person loitering in any of the streets, foot- deemed 
 paths, or highways, within the limits of either of the said Towns as ana disor- 
 aforesaid, and obstructing passengers by standing across the same, or tonl"^^^' 
 by using insulting language, or in any other way offending or annoy- 
 ing passengers, every person causing danger by the can-ying about 
 fire, particularly at night, every person tearing down, removing, or 
 defacing any Sign, breaking any window, breaking or otherwise in- 
 juring any door or door plate or fastening, or the wall of any house 
 yard or garden, every person putting logs, stones, or any other thing 
 in any of the streets, lanes, or highways with intent to obstruct or in- 
 commode the passengers therein, every person destroying or injuring 
 any gate, wall, or fence, every person causing a disturbance or noise 
 in any of the streets, lanes or highways, within the limits of either of 
 the said Towns as aforesaid, by screaming, swearing, or singing, being 
 drunk and impeding or incommoding the peaceable passengers in any 
 of the streets, lanes, or highways within the limits of either of the said 
 Towns as aforesaid, or in any way disturbing the peaceable inhabit- 
 ants or passengers within those limits ; every common prostitute or 
 night walker wandering in the fields, public streets or highways, 
 within those limits and not giving a satisfactory account of herself or 
 himself, every person who shall play at any game of chance on a Sun- 
 day within those limits, every person who shall be found drunk in any 
 street or public thoroughfare within those limits, and who while drunk 
 shall be guilty of any riotous or indecent behaviour, — every person 
 who in any Street or public thoroughfare as aforesaid shall use any 
 
388 
 
 BERMUDA ACTS. 
 
 [1844. 
 
 Loose, idle 
 and disor- 
 derly per- 
 sons, how 
 punishable. 
 
 Proviso. 
 May be dis- 
 charged al- 
 though 
 proved 
 guilty. 
 
 Proviso. 
 May be 
 bound over 
 to the Assi- 
 zes or Quar- 
 ter Sessions. 
 
 Constable 
 may appre- 
 hend with- 
 out warrant 
 Oifenders 
 committing 
 Oifence in 
 his view, and 
 loose, idle, 
 and disor- 
 derly pe.*- 
 sons. 
 
 Such per- 
 sons con- 
 cealed in 
 Houses of 
 ill fame, 
 Ac, how to 
 be dealt 
 with. 
 
 threatening, abusive or insulting words or behaviour with intent to 
 provoke a breach, of the j)eace, or whereby a breach of the peace may- 
 be occasioned, every person found tippling in any Grog Shop or low 
 Tavern within those limits between Sunset and Sunrise, or who shall 
 be found lying in any Street or public thoroughfare, within those 
 limits in a state of intoxication, shall be deemed a loose, idle and dis- 
 orderly person within the meaning of this Act. 
 
 X. And be it, &c., that it shall be lawful for any Justice of the 
 Peace to commit all loose, idle and disorderly persons found within 
 the limits of either of the said Towns, as hereinbefore defined, and 
 convicted before such Justice upon his own view, or by the confession 
 of such Offender, or by the Oath of one or more credible Witness or 
 Witnesses, to the Common G-aol, there to be kept, with or without 
 hard labour, for any time not exceeding ten days, or for such Justice 
 of the Peace to order any such loose, idle and disorderly person, so 
 convicted, to pay a fine not exceeding twenty-four shillings, together 
 with the Constable's fees, and in default of immediate payment there- 
 of, to commit such loose, idle and disorderly persons to the common 
 Gaol, there to be kept with or without hard labour, for any time not 
 exceeding ten days : Provided always, that it shall be in the discretion 
 of such Justice before whom any such person apprehended as a loose, 
 idle and disorderly person shall be brought, either to commit or dis- 
 charge such person, although an offence under this Act be proved 
 against the Person so charged : Provided also, that it shall be in the 
 discretion of such Justice on discharging such loose, idle, and dis- 
 orderly person, to bind him or her in a sufficient recognizance with 
 Sureties to appear before the Justices of the Court of General Assize 
 or the Justices of the Peace at their next General Quarter Sessions of 
 the Peace to answer such charge or charges as shall be alleged against 
 him or her respectively, and the case shall accordingly be heard, tried 
 and determined before such Court of General Assize, or Court of 
 Quarter Sessions. 
 
 XI. And be it, &c., that it shall and may be lawful for any such 
 Police Constable as aforesaid, to take into his custody without War- 
 rant, any person who shall commit any offence against this Act and in 
 view of such Constable, and to apprehend all loose, idle, and disorderly 
 persons whom he shall find disturbing the public peace, or whom he 
 shall have just cause to suspect of any evil design, and all persons 
 whom he shall find lying in any field, highway, yard or other place, 
 or loitering therein, and not giving a satisfactory account of them- 
 selves, and to carry such person so apprehended before a Justice of the 
 Peace, or to deliver such person into the custody of the Gaoler at the 
 nearest Gaol, in order that such person may be secured until he or she 
 can be brought before a Justice of the Peace to be dealt with accord- 
 ing to Law. 
 
 XII. And be it, &c., that it shall and may be lawful for any Justice 
 of the Peace upon information on Oath before him made, that any 
 person hereinbefore described, is a loose, idle, and disordely person, 
 and is or is reasonably suspected to be harboured or concealed in any 
 House of Ill-fame, Tavern, or Boarding House, by Warrant under his 
 hand and seal, to authorize any Constable to enter at any time during 
 
1844.] BEEMUDAACTS. 389 
 
 the day into such House, Tavern, or Boarding House as aforesaid, and 
 to apprehend and bring before him or any other Justice or Justices of 
 the Peace, eyery person found therein, and so suspected as aforesaid : 
 And if upon examining such person or persons so apprehended and 
 brought as aforesaid, it shall appear to such Justice or Justices that 
 they or any or either of them cannot give a satisfactory account of 
 themselves, it shall and may be lawful for the Justice or Justices to 
 commit him, her, or them to the common Gaol in such Town, there to 
 be dealt with in the same manner as loose, idle, and disorderly persons 
 are hereinbefore directed to be dealt with by this Act. 
 
 Xni. And be it, &c., that any person who shall assault or resist Persons as- 
 any such Police Constable, substitute, or other person acting in his reSl*"^ 
 aid, in the execution of his duty, or shall aid or incite any person so to „" ^ity how 
 assault or resist, or shall refuse to aid and assist any such Police Con- '^^^''^f^y 
 stable or substitute in the execution of his duty, shall, on conviction 
 before any Justice of the Peace, forfeit and pay a sum not exceeding 
 twenty-four shillings, and in default of payment be imprisoned for any 
 time not exceeding ten days. Provided always, that in case the or. upon in- 
 justice or Justices shall be of opinion that the assault or resistance or 
 aiding or inciting to such assault or resistance, or refusing to aid and 
 assist any such Police Constable or substitute in the execution of his 
 duty complained of, is from any circumstance a fit subject for prosecu- 
 tion by Indictment, such Justice or Justices shall abstain from any 
 adjudication thereon, and commit or bind over the party complained 
 of to appear at the Court of General Assize or Court of Quarter Ses- 
 sions of the Peace, and the case shall accordingly be heard, tried, and 
 determined before such Court of General Assize or Court of Quarter 
 Sessions. 
 
 XIV. And be it, &c., that no conviction, "Warrant, or other matter pi-oeeedings 
 made or purporting to be made by virtue of this Act, shall be quashed "SashJd" for 
 for want of form, or be removed by Certiorari or otherwise into any !'*°' °' 
 of Her Majesty's Superior Courts of Record, and no Warrant of Com- moved by 
 mitment shall be held void by reason of any defect therein, provided ^^''°™'''- 
 it be therein alledged that the party has been convicted ; and there be 
 a good and valid conviction to sustain the same. 
 
 XY. And be it, &c., that every person shall be liable to a penalty ^™J|Jf„™ 
 of not more than Twenty-four Shillings, together with costs of prose- fences. 
 cution, and in default of payment to be imprisoned for any term not 
 exceeding ten days, who, within the limits of either of the said Towns 
 as hereinbefore defined, shall commit either of the following Off'ences, 
 and be convicted thereof iu a summary manner before the Police 
 Magistrate of the Town where such offence shall have been committed, 
 or before any other Justice of the Peace — (that is to say) who without 
 the consent of the owner or occupier, shall affix any Bill or other Amxing 
 paper against or upon any building, wall, fence, gate, pale, or tree, or 
 mark any such building, wall, fence, gate, pale, or tree, with chalk, or 
 paint, or in any other way whatsoever ; or wilfully break, destroy or J'^"^^™.^ °^ 
 damage any part of any such building, wall, fence, gate, pale, or tree, or Buudings, 
 any fixture, or appendage thereto, or any shrub, or seat, in any public *°' 
 walk, park, or garden ; or who shall wantonly discharge any firearm, 
 or make any bonfire, or throw or discharge any stone or other missile, 
 
390 BERMUDAACTS. [1844. 
 
 firrarmfSr *» the damage or danger of any person ; or throw or set fire to any 
 S^wc^kr ^l^i^j *^^ other firework. 
 
 Constables XYI. And be it, &c., that it shall, be the duty of thePolice Con- 
 
 piacardr'''^ stables to remove and obliterate all placards, marks, inscriptions, 
 representations, and figures of an obscure or indecent nature, which 
 may be found upon any building, wall, fence, gate, pale, tree or fixture 
 whatever, near or adjoining to any Street or public place within the 
 limits of either of the said Towns, as hereinbefore defined : Provided 
 always, that in removing or obliterating the same, such Police Con- 
 stables shall not deface or injure such building, wall, fence, gate, pale, 
 tree or fixture, more than cannot be avoided. 
 
 ^mm^^lf^ XVII. And be it, &c., that every person who shall ride or drive 
 DiiTing. any horse, mare, gelding, mule or ass, through any of the Streets or 
 lanes of either of the said Towns of Hamilton and Saint George except 
 at a moderate rate, and shall be convicted thereof in a summary 
 manner before the Police Magistrate of the Town where such ofi'ence 
 shall have been committed, or before any other Justice of the Peace 
 shall be liable to a penalty of Six shillings for each offence, together 
 with costs of prosecution, and in default of payment, to be imprisoned 
 for any time not exceeding three days ; Always provided, that the 
 Justice taking cognizance of the ofi'ence shall have discretionary power 
 to remit the whole or any part of such penalty when circumstances 
 may have rendered the violation of this enactment justifiable or 
 excusable. 
 
 Carcases of XYIII. And bc it, &c., that every person owning any animal 
 Animals. -^vhich may happen to die within the limits of either of the said Towns 
 as hereinbefore defined, who shall fail to remove the same, or cause it 
 to be removed, or otherwise disposed of so as to prevent its becoming 
 a N^uisance to the Public, shall upon being convicted thereof before a 
 Police Magistrate or any other Justice of the Peace be liable to a 
 penalty of Six Shillings for every hours' delay in such removal, to- 
 gether with costs of prosecution, and in default of payment to be im- 
 prisoned for any term not exceeding ten days. 
 
 Penalty on XIX. And bc it, &c., that every person shall be liable to a pen- 
 
 alty of not less than four Shillings, and not more than twenty-four 
 shillings together with costs of prosecution, and in default of payment 
 to be imprisoned for any term not exceeding ten days, who within the 
 limits of either of the said Towns as hereinbefore defined, shall commit 
 either of the following Offences, and be convicted thereof in a sum- 
 mary manner before the Police Magistrate of the Town where the 
 offence shall have been committed, or before any other Justice of the 
 Slaughtering Peacc, (that is to say), who shall slaughter any .animal in any of the 
 the'streVt" streets, lanes, or public passages in either of tlie said Towns, whether 
 such animal when slaughtered be intended to be used for food or not ; 
 car'^emer's *^^ ^^^ shall Carry on, or prepare to carry on, any Carpenter's work, 
 orLaundres- or any Lauudrcss' work in any of the streets, lanes, or public passages 
 t'he streets" withlu either of the said Towns ; or who shall place and leave for any 
 Leaving time exceeding half an hour any timber, or boards, or building-stone 
 thS-e"' *''■' ^"^ ^^y °^ '^^^ streets, lanes, or public passages in either of the said 
 Towns : or who shall throw or cause or willingly permit to be thrown 
 
1844.] BERMUDA ACTS. 391 
 
 into any of the Wharfs, Docks, streets, lanes, or public passages of Throwing 
 either of the said Towns any rubbish, night soil, slop or filth, or who uTdoo^, '"" 
 shall openly bathe at any of the Docks Shores or Wharfs^ of either of ®"'^*''^' *°-' 
 the said Towns. •* 
 
 XX. And be it, &c., that all horses, mares, geldings, mules, asses, cattie tied 
 bulls, oxen, steers, cows, calves, swine, goats, and sheep which may j"°F^"J5f/' 
 be found tied with any rope or cord reaching across or into any street streets how 
 to the obstruction of passengers ; or loose and straying in any of the with* ''^^^ 
 Streets, lanes, open squares, or public grounds, or on any of the 
 wharfs in either of the said ToMms, unless under the immediate care of 
 
 some person driving or conveying them from one place to another, 
 shall be liable to be impounded, and the owner or owners thereof sub- 
 ject to a fine of two shillings for every such animal, instead of the 
 common Poundage and trespass money, to be paid to the Pound 
 keeper, prior to the delivery from the Pound of the animal impound- 
 ed, one-fourth part thereof for the use of the Pound keeper and three- 
 fourth parts thereof for the use of the person who may have impound- 
 ed the same : and the owner or owners, of every such animal, tied or 
 loose and straying as aforesaid, but not impounded, shall be liable to 
 a fine of one shilling for every such Offence, to be recovered and ap- 
 plied in aid of the Parish rates as other fines under this Act, and that 
 there shall be the like remedy for the rescue of any animal taken 
 under this Act as in other cases of rescue. 
 
 XXI. And be it, &c., that all hogs, sows, or pigs found in any of swinehow 
 the streets or lanes of either of the said Towns (unless under the im- ,^th! 
 mediate care of some person who may be conveying them from one 
 place to another), shall be liable to be taken up by any person whom- 
 soever, and by such person detained until the Owner or Owners 
 thereof shall have paid him, her, or them four shillings, for his, her, 
 
 or their trouble, for each hog, sow or pig so taken iip ; and in case the 
 Owner or Owners shall not pay the said Sum within Seven days after 
 being notified of the detention thereof, then the Animal or Animals 
 as aforesaid, shall become the propei'ty of the person who may have 
 taken up the same. 
 
 XXII. And be it, &c., that the Inhabitants or Tenants of Houses pen.iityfor 
 in the said Towns be, and they hereby are required to sweep and pot sweep- 
 clean, or cause to b^ swept or cleaned, the Streets and lanes bounding bcmnding on 
 on their respective Dwellings or Possessions every Saturday afternoon, ^^^""'s. 
 and whatever Housekeeper or other person shall not do so, after hav- 
 ing been once notified of neglect, shall for every subsequent neglect 
 forfeit and pay on conviction before a Justice of the Peace, the Sum 
 
 of One shilling. 
 
 XXIII. And be it, &c., that the Mayor, Aldermen and Common ^^^^^i^ „, 
 Council of the Town of Saint George be, and they hereby are aiithor- ^'„,fj^J"||* 
 ized and required to agree with and appoint some fit person once in repaired, 
 every year during the continuance of this Act, to hire such a number 
 
 of persons (to be approved by the Mayor) as may be necessary to 
 
392 BERMUDA ACTS. [1844. 
 
 clean and repair the Streets and lanes generally in the Town of Saint 
 George ; and that such person shall oversee such cleaning and repair- 
 ing under the direction of the Mayor or one of the Aldermen as occa- 
 sion may b%, for which service such Overseer shall be allowed a rea- 
 sonable daily pay, and it shall be a part of the duty of such Overseer 
 to take a daily list of the persons employed together with their rates 
 of "Wages, and an account of the expenses of tools and implements, 
 and at the close of the week, make a report of the amount of the same 
 to the Mayor and Aldermen, whose certificate shall be a sufficient 
 voucher for the Church "Wardens of the Parish of Saint George, and 
 they are hereby authorised and required to pay the same out of any 
 monies in their hands belonging to the said Parish, and that the 
 monies so paid shall be considered and taken to be an item of the ex- 
 penses of the said Parish to be provided for during the continuance 
 of this Act, in like manner with other Parish Charges ; Always pro- 
 vided, that the said Mayor, Aldermen, and Common Council shall 
 not draw out of the Parish monies for the purpose aforesaid, a larger 
 Sum than Eighteen Pounds in any one year. 
 
 pungin '* XXI'V. And be it, &c., that every person shall be deemed a loose, 
 Grog shops i(Jle and disorderly person, and shall be liable to a penalty of not 
 jying^in- morc than twenty-four shillings together with costs of prosecution, 
 any'pubiic"' ^-^d in default of payment to be imprisoned for any term not exceed- 
 SiD ' threat- ^^S ^^^ days — who, in any part of these Islands shall be guilty of 
 ening Ian- either of the following offences, and be convicted thereof before any 
 fn any Koad two Justiccs of the Pcacc, (that is to say) who shall be found tippling 
 ofthese'is-' ^'^ ^^7 Grog Shop Or low tavern between Sunset and Sunrise, or who 
 lands— how shall be found lying in any public road or highway in a state of intox- 
 ication, or who shall be found drunk in any public road or highway, 
 and who while drunk shall be guilty of any riotous or indecent beha- 
 viour, or who in any public road or highway shall use any threaten- 
 ing, abusive or insulting words or behaviour, with intent to provoke 
 a breach of the Peace, or whereby a breach of the Peace may be 
 occasioned. 
 
 AppUcation XXY. Aud be it, &c., that all fines and forfeitures imposed by 
 of fines. ^T^^^ ^g^ sh.2^ (cxcept herein otherwise appropriated) be paid to the 
 Church "Wardens of the Parish where the offence shall be committed, 
 to be applied in aid of the Parish rates, and no person shall by reason 
 of the application of any penalty in aid of the Parish rates, be deemed 
 an incompetent "Witness in any proceeding under this Act. 
 
 Sles'to'" 3[XYI. And be it,, &c., that it shall be the duty of the Police 
 carry into Constablcs, and they are hereby severally required to exert their best 
 tfin^cfaises cndcavours to carry into effect within their respective limits, the pro- 
 of this Act. visions in the fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, 
 twentieth, twenty-first, and twenty-second clauses of this Act con- 
 And to do taiucd, aud it shall be lawful for any Polled Constable to do any act 
 I^I^vLIt- for tlie preservation of the public peace, and good order in any place 
 the Pea°'e ^cyond the limits of the said Towns, which it would be lawful for 
 which other any othcr Constable to do, in such place under the same circum- 
 
 Constables „i„„„p„ 
 might do. otallUCD. 
 
1844.] BERMUDA ACTS. 393 
 
 XXVII. And be it, &c., that this Act shall commence in opera- Duration of 
 tion on the first day of October next, and shall continue in force for *'=•*'='• 
 and during the Term of three years from that time. 
 
 [Continued, together with Acta of 1S4'7 and 1849, to the end of 1868, by Act of 185T, 
 No. 19; 
 
 See, also. Acts of 1847, No. 14; of 1849, No. 1 ; and of 1859, No. 22.] 
 
 1844. No. H. 
 
 AN ACT to continue and amend the Acts for the regulation of the 
 
 Public Gaols. 
 
 [6 August, 1844.] 
 
 WHEEEAS the Act intituled " An Act for the regulation of the Preamble. 
 Public Gaols in these Islands," was passed by the Legislature of these 
 Islands in the year of our Lord one thousand eight hundred and thir- 
 ty-four, for a limited period of time, and since then has been contin- 
 ued for a further period ; and the Act intituled " An Act in addition 
 to the Act for the regulation of the Public Gaols," was passed by the 
 Legislature in the year one thousand eight hundred and thirty-eight, 
 for a limited period of time, and since then has been continued for a 
 further time ; and it is expedient to continue the said two Acts in 
 operation for a still further time, with the amendments hereinafter 
 expressed : 
 
 I. We, therefore, &c., and be it enacted, &c., that the said Act ^^jg „, 1834 
 passed in the year one thousand eight hundred and thirty-four, and and isss 
 the said Act passed in the year one thousand eight hundred and thir- with amend- 
 ty-eight, be and the same hereby are continued in force for and during ™^''*°' 
 the continuance of this present Act, with the amendments hereinafter 
 expressed. 
 
 II. And be it, &c., that from and after the last day of September ga,a,.iesto 
 in this present year, the Salaries allowed by the said Act passed in, be paid 
 the year one thousand eight hundred and thirty-eight, to the Chap- '""upon ' 
 lains. Surgeons, Keepers of the Gaols and Matrons, instead of being ^entinTcr- 
 paid to them at the periods therein mentioned or authorized, shall be ^"^^^^^^t""* 
 paid to them respectively by the Public Treasurer, out of any unap- from the 
 propriated monies in the Public Treasury, by four Quarterly payments, *^°^^™°'- 
 up to the last days of March, June, September, and December — in 
 
 every year during the continuance of this Act : — And that the Salaries 
 of the said Keepers and Matrons shall be paid to them respectively 
 upon producing to the Treasurer such a Certificate as is in that respect 
 mentioned in the said Act, and a Warrant for such payment from the 
 Governor or Officer administering the Government of these Islands : 
 and that from and after the said last day of September in this present 
 year the Salaries, allowed by the said Act passed in the year one 
 thousand eight hundred and Thirty-eight, to the Chaplains and Sur- 
 geons of the Gaols, shall also be paid to them Quarterly, as herein- 
 before mentioned, upon producing to the Public Treasurer a Certifi- 
 cate signed by the Chairman of the Justices assembled in the Court of 
 50 
 
394 
 
 BEEMUDA ACTS, 
 
 [1844. 
 
 Prisoners 
 punishable 
 by imprison- 
 ment with 
 hard labour, 
 instead of 
 being sen- 
 tenced to 
 hard labour, 
 may be sen- 
 tenced to be 
 fed on bread 
 and water, 
 only, not ex- 
 ceeding ten 
 days in one 
 month. 
 Proviso. 
 
 Duration. 
 
 Quarter Sessions of the Peace certifying such Chaplains and Surgeons 
 respectively to have performed the duties of their respective appoint- 
 ments during the period of time comprised in such Certificate, and a 
 Warrant for such payment from the GovernoK or Officer administering 
 the Government of these Islands : And any such Chaplain, Surgeon, 
 Gaoler or Matron performing the duty required of him or her for any 
 portion only of any such quarter of a year, as aforesaid, shall be paid 
 rateably for such portion of a quartei", upon producing a correspond- 
 ing Certificate and Warrant. 
 
 III. And be it, &c., that every person convicted of any Ofience 
 punishable by imprisonment with hard labour, instead of being sen- 
 tenced to be imprisoned with hard labour, may (if the Court or Justice 
 or Justices awarding Sentence on such person shall so think fit) be 
 imprisoned and fed on Bread and Water, only, instead of the usual 
 Gaol allowance, during any part of the period of imprisonment, not 
 exceeding ten days in any one month : Provided always, that any 
 Prisoner adjudged to be fed on Bread and Water only, shall be put 
 on tlie usual Gaol allowance for the whole or any part of the time so 
 adjudged, if the Surgeon of the Gaol shall deem it necessary for his 
 or her health. 
 
 rV. And be it, &c., that this Act and the two several Acts hereby 
 continued — shall be and continue in force until and throughout the 
 last day of December in the Year one thousand eight hundred and 
 fifty, and then to detei^mine and expire. 
 
 [Continued to the end of 1869, by Act of 1858, No. 2.] 
 
 1844. No. 13. 
 
 hJS. ACT to amend the Act for regulating Punishments on Tread 
 
 Wheels. 
 
 [8 August, 1844.] 
 
 Preamble. 
 
 No prisoner 
 to be work- 
 ed upon a 
 Tread 
 Wheel, 
 exceeding 
 nine inches 
 height of 
 step, or ex- 
 ceeding 48 
 steps a min- 
 ute. 
 
 No Female, 
 no boy or 
 prisoner not 
 sentenced to 
 labour on 
 Tread 
 
 Wheel to be 
 put on Tread 
 Wheel nor 
 any prison- 
 er to be put 
 on without 
 sanction of 
 the Medical 
 Officer. 
 
 WHEEEAS the Act intituled " An Act for regulating Punish- 
 ments on Tread Wheels," was passed by the Legislature of these Isl- 
 ands in the year of our Lord one thousand eight hundred and forty- 
 three, for a limited period : and it is deemed expedient to amend the 
 same in manner hereinafter expressed : 
 
 I. We, &c., and be it enacted, &c., that no prisoner shall be 
 worked upon any Tread Wheel in either of the two Public Gaols in 
 these Islands, on which Tread Wheel the height of the Step shall ex- 
 ceed nine inches — and that the number of Steps which a prisoner 
 shall be compelled to take shall not in any case exceed forty-eight per 
 minute. That no Female Prisoner, and no boy under fourteen years 
 of age — and no other Prisoner not sentenced to hard labour on a Tread 
 Wheel shall under any circumstances be put to labour on a Ti-ead 
 Wheel — and that no prisoner shall be put to labour on a Tread Wheel 
 without the previous sanction of the Surgeon of the Gaol, or in case of 
 his unavoidable absence of some other Medical Practitioner. 
 
1844.] BERMUDA ACTS. 395 
 
 n. And wliereas in and by the third Section of the said Act Enactment 
 passed in the Year one thousand eight hundred and forty-three, it is "Jpri^onMs 
 amonff other things enacted, that in case of any offender sentenced to oSsiyrefut 
 Hard Labour on a Tread Wheel contumaciously refusing to undergo sing to la- 
 such punishment, the Superintendant of the Tread Wheel shall be au- T?rad ° 
 thorized and empowered to compel such offender to undergo such ^led^^nd 
 punishment, by such whipping not exceeding twenty-four lashes in ^'j'i^^j'gyb 
 the course of any one day, as may be requisite for the purpose : — and stituted. 
 it is deemed expedient to repeal the said recited enactment and to 
 substitute other provisions instead thereof: be it enacted — that so 
 much of the said enactment as relates to the enforcement of punish- 
 ment on the Tread Wheel by Whipping be, and the same hereby is 
 repealed : and that in case any Offender sentenced to hard labour on 
 a Tread Wheel shall contumaciously refuse to undergo such punish- 
 ment — the Keeper of the Gaol may order such Offender to close con- 
 finement in a solitary Cell, and keep such Offender upon Bread and 
 Water only for any term not exceeding three days ; but he shall not so 
 punish any Prisoner without previous examination of the case — neither 
 shall he delegate the power of punishment to any other person, and in the 
 event of the continued misconduct of the Prisoner, the keeper shall forth- 
 with report the same to the Yisiting Justices, or to one of them for 
 the time being, and any one such Justice, or any other Justice of the 
 Peace of these Islands, shall have power to enquire upon Oath and to 
 determine concerning any such matter so reported to him or them, and 
 to order the offender to be punished by close confinement for any term 
 not exceeding one month, and to be kept on Bread and Water only for 
 any portion of that time not exceeding ten days, or in the case of Pris- 
 oners convicted of Felony by personal correction by Whipping — ^pro- 
 vided that such Whipping shall not exceed twenty-four lashes in any 
 one day — and that such Whipping shall be inflicted only in the pres- 
 ence of the Keeper of the Gaol, and the Surgeon of the Gaol, and that 
 every such punishment inflicted under this Section of this Act shall 
 be recorded in the Gaol Books. 
 
 in. And be it, &c., that this Act shall commence in operation on Duration 
 the first day of September, in this present year^ — and shall be and 
 continue in force until and throughout the thirty-first day of Decem- 
 ber, which will be in the year of our Lord, eighteen hundred and forty- 
 eight. 
 
 [Continued to the end of 1862, by Act of 1852, No. 5.] 
 
 1844. No. 14. 
 
 AH ACT to maintain a Light House. 
 
 [9 August, 1844.] 
 
 WHEEEAS it is considered that it would conduce to the Security 
 of ]S"avigation and Shipping, if a Light House were erected and main- 
 tained on the high land in the South Western part of these Islands : 
 And Your Majesty has been graciously pleased to approve of and 
 
 Preamble. 
 
396 
 
 BERMUDA ACTS, 
 
 [1844. 
 
 Naval Com- 
 mander-in- 
 Chief, and 
 CommiBsion- 
 ers of Pilot- 
 age (or if no 
 such Com- 
 misBioners, 
 others to be 
 appointed 
 by Govern- 
 or and Coun- 
 cil) to be 
 Commission- 
 ers of the 
 Light House. 
 
 Their au- 
 thority and 
 duties. 
 
 To appoint 
 a Clerk. 
 
 Clerk and 
 Keepers Sal- 
 aries to be 
 paid out of 
 the Treasu- 
 ry. 
 
 order the erection of a Light House on the high land in Southampton 
 Parish in these Islands, called Gibbs' Hill, at the expense of the 
 Mother Country, upon condition that the Legislature of these Islands 
 ■would undertake to maintain the Light : and it is expedient that pro- 
 vision should be made for maintaining such Light, and for the proper 
 regulation, management and superintendance of such Light House : 
 
 I. We, therefore, &c., and be it enacted, &c., that the Commander- 
 in-Chief of Her Majesty's Ships and Vessels on thi^ Station for the 
 time being, and the Commissioners of Pilotage for thd time being, or 
 in case at any time it shall happen that there be no Commissioners of 
 Pilotage — then, instead of such Commissioners of Pilotage — such other 
 Persons not exceeding three as the Governor or Commander-in-Chief 
 for the time being, shall, with the advice of the Council, be pleased 
 to appoint, shall be, and the same hereby are declared to be Commis- 
 sioners for the superintendance, direction, and management of the said 
 Light House to be erected upon Gibbs' Hill, and the Light therein. 
 
 II. And be it, &c., that the said Commissioners shall have au- 
 thority to appoint during their pleasure. Keepers for the said Light 
 House, and to allow them Salaries or pay not exceeding one hundred 
 Pounds in any one year, in the whole for all such Keepers payable quar- 
 terly, and also shall have authority to make Contracts for, purchase 
 and provide Oil, Candles, "Wicks, Materials, Utensils, and all such 
 other things as shall be necessary for maintaining the said Light in 
 the most beneficial and useful manner : and also to provide for the 
 necessary repairs of the said Light House and the Lanterns and appur- 
 tenances thereof, and for keeping the same at all times in good order 
 and condition, and properly and sufficiently supplied : And also to 
 make and enforce Pules and regulations for the proper and orderly 
 lighting and keeping of the said Light House, and to annul and rescind 
 or alter such rules and regulations, and any two or more of the said 
 Commissioners shall be competent to transact the business of the said 
 Commissioners. And it shall be the duty of the said Commissioners 
 to provide the Oil that may be required for the said Light by import- 
 ation, except when the same may be purchased in these Islands, of 
 equally good quality and at a cheaper rate. 
 
 in. And be it, &c., that the said Commissioners shall have au- 
 thority to appoint during their pleasure, a Clerk, who shall attend the 
 Meetings of the said Commissioners and shall keep a detailed and 
 particular account of the expenses incurred for maintaining the said 
 Light House and Light, and also shall keep a Book in which shall be 
 written all the Official transactions and proceedings of the said Com- 
 missioners : and such Clerk shall be allowed an annual Salary at the 
 rate of Twenty Pounds a Year, payable quarterly, and the Public 
 Treasurer is hereby authorized and required to pay to such Clerk, and 
 to the Keepers of the said Light House, their Salaries, out of any un- 
 appropriated monies in the Public Treasury, upon producing to him 
 a Certificate from the said Commissioners or any two of them, certify- 
 ing such Clerk or Keeper respectively to have performed the duty of 
 his Office satisfactorily for the period of time therein mentioned' — and 
 also producing a "Warrant for such payment from the Governor or 
 Officer administering the Government of these Islands for the time 
 
1844.] BERMUDA ACTS. 397 
 
 being, and any Olerk or Keeper having satisfactorily performed the 
 duty of his Office for a part only of a quarter of a year shall be en- 
 titled to receive a proportional amount of Salary for such period of 
 time upon producing a gorresponding Certificate and Warrant. 
 
 lY. And whereas it is necessary to raise monies to meet the ex- toiu. 
 pense which will be incurred in maintaining the said Light, be it, &c., 
 that there shall be paid to the Public Treasurer of these Islands, or his 
 lawful Deputy, for every Ship or Vessel, (except as hereinafter ex- 
 cepted,) coming to or arriving at any Port or place in these Islands, 
 from any Port or place not in these Islands, immediately upon such on aii ves" 
 arrival, as follows (that is to say) the sum of four pence per Ton for ?«'= aniving 
 each and every Ton of the burthen of such Ship or Yessel. J'ro- Royai Maii 
 vided always, that for any Steam Packet belonging to the Koyal Mail ftsfwhtoh* 
 Steam Packet Company, instead of the aforesaid Toll of four pence per l^ij^lYor 
 Ton, there shall be paid only the Sum of Five Pounds, for each time each time of 
 of her arrival at any Port or place in these Islands. Provided also, w"eoke'd 
 that any Ship or Yessel wrecked or stranded on any of the reefs around vesseis'be- 
 these Islands, and not arriving at any Port or Anchorage in these 2°S°^nd 
 Islands, shall not be liable to the said Toll. Provided also, that any Transports 
 Ship or Yessel belonging to Her Majesty ,'IIer Heirs, or Successors, or ships whouy 
 any Ship or Yessel actually and wholly engaged and employed as a eSSoyedta 
 Transport or Store-ship in the Service of Her Majesty, Her Heirs or h. M.seiv- 
 Successors shall not be liable to the said Toll. , '"^^ i 
 
 Y. And be it, &c., that when the said Light House shall be whenioiis 
 erected and shall be properly lighted, the said Commissioners shall mencr 
 direct a notice thereof to be signed by their Clerk, and to be published 
 in the several ]!Tewspapers published in these Islands, for three months, 
 and the Tolls payable under this Act shall begin to be payable on the 
 twentieth day from and after the day of the date of such notice, and 
 shall continue to be payable during the continuance of this Act. 
 
 YI. And be it, &c., that for the purposes of this Act, the Tonnage Tonnage, 
 of every British Ship or Yessel shall be the Tonnage set forth in the ^°^^ 
 Certificate of Eegistry of such Ship or Yessel, and the Tonnage of 
 every other Yessel shall be that set forth in her Certificate of Eegistry, 
 or if such other Yessel shall not have any Certificate of Eegistry then 
 the Tonnage of such Yessel shall be ascertained in the same manner 
 as the Tonnage of British Ships is ascertained. 
 
 YII. And be it, &c., that in case any Master or Owner or other toiis, how 
 person having the charge of any Yessel liable to the payment of any enforced. 
 Tolls under this Act, shall refuse or neglect to pay such Tolls, within 
 twenty-four hours after coming to or arriving at any Port or place in 
 these Islands — ^the Public Treasurer, or his lawful Deputy, or such 
 person as either of them shall appoint in that behalf, may seize, take 
 and carry away (notwithstanding any right of hypothecation or other 
 right whatsoever) any of the Goods, Merchandize, Guns, Tackle, Fur- 
 niture, Boats or Apparel of, or belonging to, or on board of any such 
 Yessel (leaving notice thereof on board such Yessel,) and detain the 
 same for the space of three full days then next following, unless the 
 said Tolls and all arrears thereof, due in respect of such Vessel, shall 
 in the mean time be satisfied ; and in case all such Tolls and the arrears 
 
 ascer- 
 tained. 
 
398 
 
 BERMUDA ACTS, 
 
 [1844. 
 
 thereof, shall not, before the expiration of such three days have been 
 satisfied, then the said Public Treasurer or his lawful Deputy, or such 
 person as either of them shall appoint in that behalf, may cause the 
 same Goods so seized to be sold by Public Outcry, and out of the pro- 
 ceeds of such Sale pay the amount of the Tolls or arrears thereof to 
 which such Vessel shall be liable, together with the reasonable charges 
 of the seizure, detention and sale, rendering the Master or Owner, or 
 other person having the command of such Vessel the overplus (if any) 
 on demand. 
 
 aB°Pett"'''° VIII. Provided nevertheless, and be it, &c., that besides any 
 Debte. ^ other remedy by this Act authorized for recovery of the said Tolls, 
 * it shall be lawful for the Public Treasurer, or his lawful Deputy, to 
 sue for and recover the amount of any Tolls payable under this Act 
 against any Owner, Part Owner, Master, or other person having the 
 command of any Vessel liable thereto, in like manner as Debts ex- 
 ceeding twenty-four^ shillings and not exceeding six pounds are re- 
 coverable. 
 
 Vessels not 
 to be clear- 
 ed at the 
 Custom 
 House, until 
 production 
 of Certifi- 
 cate of pay- 
 ment of 
 ToUs. 
 
 IX. And be it, &c., that no Ship or Vessel shall be permitted to 
 clear out at the Custom House from any Port or place in these Islands, 
 until the Master or other person having the command of such Vessel 
 shall produce and exhibit to the Collector or other Officer of Her 
 Majesty's Customs at such Port or place a Certificate signed by the 
 Public Treasurer or his lawful Deputy shewing that the Tolls im- 
 posed by this Act on such Ship or Vessel have been fully paid and 
 discharged. 
 
 Treasurer to X. And in Order to enable the said Commissioners to carry this 
 l^£al^^ Act into effect, be it, &c., that the Public Treasurer be, and he hereby 
 over and*'' ^^ authorized and required from time to time to pay to the order of the 
 above the said Commissioners, or any two of them, upon Warrant from the 
 Governor or Officer administering the Government of these Islands, 
 out of any monies in the Public Treasury any sums not exceeding Six 
 hundred Pounds in any one year for the purposes of this Act, over and 
 above the Salaries contemplated by this Act. 
 
 Salaries. 
 
 Commission- 
 ers to ren- 
 der Ac- 
 counts of 
 Expendi- 
 ture, 
 
 In case of 
 emergency 
 or difficulty 
 in carrying 
 Act into 
 effect, Gov- 
 ernor (with 
 advice of 
 the Council) 
 within a 
 limited pe- 
 riod to take 
 necessary 
 measures. 
 
 XI. And be it, &c., that the said Commissioners shall within 
 thirty days after the expiration of every quarter in every year render 
 to the Public Treasurer a full and particular account of the application 
 and expenditure of all monies expended or authorized to be expended 
 by them under this Act : which account shall be subject to the inspec- 
 tion and examination of either Branch of the Legislature of these 
 Islands, or of any person or persons by then! or either of them ap- 
 pointed to examine the same. 
 
 XII. And whereas emergencies and difficulties not hereinbefore 
 provided for may possibly arise in carrying into effect the intention 
 of this Act in efficiently maintaining the said Light House and Light, 
 in order as far as possible to guard against the same, be it, &c., that 
 in case of any such emergency or difficulty, it shall be lawful for the 
 Governor or Commander-in-Chief of these Islands, by and with the 
 advice of the Council, at any time within eighteen months after the 
 commencement of this Act, to take such measures as they shall deem 
 
Trea8urer*s 
 remunera- 
 
 1844.] BERMUDA ACTS. 399 
 
 necessary "wifcli respect to tlie appointment and pay of Keepers of the 
 said Light House, and with respect to the purchasing and providing 
 things necessary for maintaining the said Light in the most beneficial 
 and useful manner, and for the necessary repairs of the said Light 
 House and the Lanterns and appurtenances thereof, and for keeping 
 the same in good order and condition, and properly and sufficiently 
 supplied, lighted and maintained, and in order to enable the Governor, 
 by and with the advice aforesaid, to accomplish the said purposes, the 
 Public Treasurer shall be, and he hereby is authorized and required Ana the 
 from time to time, within the said eighteen months, to pay to the wumnthat 
 order of the Governor out of the Public Treasury any Sum or Sums P^y'°o ms 
 of money not exceeding in the whole the Sum of two hundred Pounds, order £200. 
 
 XIII. And be it, &c., that all monies arising by virtue of this toiib, how 
 Act shall be to Her Majesty, Her Heirs, and Successors, for and to- °'^^ * ' 
 wards the Public Kevenue of these Islands — to be applied and dis- 
 posed of, as ^has already been, or may hereafter be authorized and 
 directed by the Legislature of these Islands — and that the Public 
 Treasurer be, and he hereby is authorized to retain to his own use, at 
 and after the rate of five per centum, out of all monies which shall be _ 
 received by him by Yirtue of this Act, as his commission for receiv- tid- 
 ing and disbursing the same. 
 
 XIV. And be it, &c., that in case any Action or Suit shall be Defendants 
 commenced against the said Public Treasurer or his Deputy, or any mat*te'ra 
 other person, for any thing done in pursuance of this Act, the Defend- j'^^'J^*'"' 
 ant or Defendants in such Action or Suit, may plead the general maypie'ad 
 issue, and may give this Act and the special matter in evidence. bau^™"*' 
 
 XY. And be it, &c., that this Act shall continue in force until Duration, 
 and throughout the thirty-first day of December, which will be in the 
 year of our Lord, one thousand eight hundred and forty-eight, and 
 thence to the end of the next Session of the Legislature, and then 
 shall determine and expire. 
 
 [Continned, with Acta of 1846 and 1848 to the end of 1868, by Act of 1857, No. 21. 
 See also Acts of 1846, Ifo. 1, of 1848, No. 26, and of 1858, No. 17.] 
 
 1844. No. 19. 
 
 AN ACT for enforcing hard labour on Prisoners in the Pvblic Gaols, 
 liable to he so employed. 
 
 [17 August, 1W4.] 
 
 WHEEEAS at present no other description of hard labour is en- PreamWe. 
 forced in the Gaols in these Islands, except that of working the Pris- 
 oners on the Tread Wheels, and it is expedient, so far as local circum- 
 stances will admit, to enforce some other kinds of hard labour on the 
 Prisoners in the Gaol at the Town of Hamilton, who may be liable to 
 be so employed, that Gaol being better adapted to being applied to 
 such purpose than any other in the Colony : 
 
400 
 
 BERMUDA ACTS, 
 
 [1844. 
 
 Regulations 
 to be made 
 for enfor- 
 
 providing 
 materials. 
 
 I. We, therefore, &c., and be it enacted, &c., that due provision 
 shall be made in the said Gaol for the enforcement of hard labour in 
 bSS^^'and^' the ease of such Prisoners as may be sentenced thereto, and for the 
 employment of other Prisoners, and that the means of hard labour 
 shall be provided, and the materials requisite for the employment of 
 Prisoners shall be purchased under the regulations hereinafter con- 
 tained, and such other Regulations as may be made for that purpose 
 by the Justices in General or Quarter Sessions assembled as hereinafter 
 authorized. 
 
 Hours of la- 
 bour. 
 
 &c. 
 
 II. And be it, &c., that every Prisoner sentenced to hard labour 
 shall, unless prevented by sickness, be employed at hard labour in the 
 said Gaol so many hours in every day, not exceeding ten, exclusive 
 of the time allowed for Meals, as shall be directed by the Eules and 
 Eegulations to be made under this Act, except on Sundajrs, Christmas 
 Day, Good Friday, the day for the celebration of Her Majesty's Birth, 
 and on any day appointed by Public authority for Fasting or 
 Suspension Thanksgiving. Provided always, that no Prisoner shall be actually 
 for Sickness, employed at hard labour without the previous sanction of the Surgeon 
 of the Gaol, or in case of his unavoidable absence of some other Med- 
 ical Practitioner : and that when any person sentenced to hard labour 
 shall complain to the Keeper of the Gaol or the Superintendant that 
 he or she is unable through sickness, weakness or other cause to un- 
 dergo such hard labour — such Keeper or Superintendant shall imme- 
 diately report the same to the Surgeon of the Gaol so that such Sur- 
 geon may attend such Prisoner and ascertain whether there is a 
 necessity for a partial or entire remission or suspension of such labour 
 — and the Superintendant shall make such remission or suspension of 
 labor as may be certified to be necessary, and directed by the Surgeon 
 of the Gaol, or in case of his unavoidable absence, by some other 
 Medical Practitioner, and every such remission or suspension of hard 
 labour shall be recorded in the Gaol Books. 
 
 Offences by 
 Prisoners 
 how pun- 
 istied. 
 (See 1847, 
 No. IT.) 
 
 III. And be it, &c., that if any Prisoner sentenced to hard labour 
 shall attempt to escape, refuse to work, or to obey any lawful order 
 given by a Superintendant, shall be guilty of idleness or negligence in 
 work or wilful mismanagement of it, shall have in his possession any 
 Spirituous liquor or any other article prohibited by the Gaol regula- 
 tions to be introduced within the Prison Walls, shall hold any conver- 
 sation with any person except the Superintendant, or the other 
 Prisoners employed with him, so far as may be permitted by the 
 Superintendant for carrying on the work, shall be guilty of profane 
 cursing or swearing, or of any indecent behaviour or expression, or of 
 any assapilt, quarrel or abusive words to or with any other person, or 
 of any disobedience of any of the Eules of the Prison, or of any other 
 contumacious or disorderly conduct, the Keeper of the Gaol or the 
 Superintendant shall prefer a complaint to some neighbouring Justice 
 of the Peace, and the said Justice may examine any persons touching 
 any such Offence, and may determine thereupon in a summary way, 
 and may punish any such offence by ordering any Offender to close 
 confinement in the refractory or Solitary Cells and by keeping such 
 Offender upon Bread and Water only, for any term not exceeding 
 three days ; and in case any prisoner sentenced to hard labour shall 
 be guilty of any repeated or aggravated Offence such as is hereinbe- 
 
1844.] BERMUDA ACTS. 40l 
 
 fore mentioned, or against any of the Eules of the Prison, the Keeper 
 of the Prison shall forthwith report the same to the Yisiting Justices for 
 the time being, or one of them, and any one such Justice, or any other 
 Justice of these Islands, shall have power to enquire upon Oath, and 
 to determine concerning any such matter so reported to him or *hem, 
 and to order the Offender to be punished by close confinement, and to 
 be kept upon Bread and Water only, for any term not exceeding one 
 Calendar Month — or by personal correction not exceeding twenty four 
 lashes, and every punishment under this Section of this Act shall be 
 recorded in the Gaol Books by the Keeper of the Prison, and in all iHrfNo."' 
 cases in which any Prisoner shall be guilty of any such repeated or i^- § 2. 
 aggravated Offence the original term of imprisonment of such offender 
 shall be prolonged by as many days as shall be equal to the number 
 of days such Offender shall have been sentenced to close confinement 
 for such Offence. And this section of this Act shall be read over ^^e^Aa"™ 
 by the Superintendant to the Prisoners sentenced to hard labour, over to 
 under his Charge on every Monday Morning in every week, and also ^"^ °°"^' 
 to every such Prisoner when first put under charge of such Superin- 
 tendant. 
 
 lY. And be it, &c., that it shall and may be lawful for the Marshaito 
 Provost Marshal General to cause to be built and constructed or ^^'*=''^'''' 
 fitted up, within the yard of the said Gaol at Hamilton such and so 
 many sheds, awnings, and places for the employment of Prisoners at 
 hard labour, and such and so many Cells for refractory or solitary 
 prisoners, in such part or parts of the said Gaol yard, and of such 
 description, plan and dimensions, as shall be directed and approved by ♦ 
 the Chief Justice of the Court of General Assize, and to purchase and And pur- 
 provide such Tools and Implements, Utensils and Conveniences, and and'mlterf- 
 also such materials for the employment of Prisoners at hard labour as '''^• 
 shall be requisite and proper ; the expense of such Sheds, Awnings, 
 Cells, Tools and Conveniences not to exceed the sum of One hundred not exceed- 
 Pounds in the whole ; and to be provided for like other contingent "^ '^^*"'' 
 charges of Government. 
 
 Y. And be it, &c., that the Provost Marshal General from time to advertise 
 to time shall advertise for Tenders for supplying at the said Gaol or '"' '^''°*«''=- 
 within the said Gaol Yard such quantities of lime Stone in masses or 
 large pieces, and other materials for the employment of Prisoners at 
 hard labour, or the employment of Prisoners at labour not severe, as 
 shall be requisite and proper : and the lowest tender (if otherwise sat- 
 isfactory and approved by the Governor or Ofiicer administering the 
 Government) shall be accepted ; and the Provost Marshal General And make 
 shall accordingly contract with the Person making such Tender. And supp^yto^g'"' 
 every such Contractor shall give security by Bond to the Queen with ''"^ °'°°'- 
 twa sufficient Sureties, in such Sum as the Provost Marshal General 
 shall deem reasonable for the due performance of such Contract : and 
 the amount which shall become due under any such Contract shall be 
 provided for like other contingent charges of Government. Provided Not exceed- 
 always, that the amount so to be expended for the purchase of lime y°ei^^°"^ 
 stone and other materials under this Act shall not exceed the Sum of 
 Two hundred and fifty Pounds in any one year : and after any such 
 lime stone so purchased shall have been broken up into small frag- J'™°f„'°J| 
 ments by the Prisoners employed at hard labour in the said Gaol, it disposed of. 
 51 
 
402 
 
 BERMUDA ACTS, 
 
 [1844. 
 
 ProTiso : 
 if no approv- 
 ed Tender. 
 
 Proviso : 
 Road Com- 
 missioners 
 may supply 
 lime stone. 
 
 How to be 
 paid for. 
 
 Marshal to 
 appoint 
 Superinten- 
 dant. 
 
 His Salary. 
 
 To lieep Ac- 
 count of 
 Materials. 
 
 Account to 
 be deposited 
 with Treas- 
 urer quar- 
 terly before 
 payment of 
 Salary. 
 
 shall be lawful for the said Provost Marshal General to direct so much 
 of the same as shall be requisite or proper, to be used in the repara- 
 tion, or improvement of or other work in or about the said Gaol Yard 
 and Premises. And if there should be any surplus thereof the Pro- 
 vost Marshal General shall sell and dispose thereof in such manner as 
 may be directed by any regulation to be made in that behalf by the 
 Justices assembled in General or Quarter Sessions of the Peace in 
 manner hereinafter authorized and approved as hereinafter mentioned. 
 Provided always, that in case it should happen at any time that no 
 approved Tender should be made to supply lime stone for the pur- 
 poses aforesaid, it shall be lawful for the Provost Marshal General to 
 purchase lime stone for the purposes aforesaid at the Public expense, 
 imder such regulations in that behalf as shall be made and approved 
 as aforesaid. Provided also, that it shall be lawful for the lioad 
 Commissioners to supply and deliver at the said Gaol, for the purposes 
 aforesaid, any lime stone which may be raised in carrying on the 
 works upon the Public Roads, within a convenient distance from the 
 said Gaol, in such quantities and upon such terms, and at such prices 
 as shall be fixed by any Regulation in that behalf to be made and 
 approved as aforesaid. And it shall be lawful for the Public Trea- 
 surer to pay to the order of the said Commissioners upon producing a 
 Warrant for such payment from the Governor or Officer administering 
 the Government of these Islands, from time to time, out of any unap- 
 propriated monies in the Public Treasury, any sum or Sums of Money 
 for the price of such lime stone so supplied by them. 
 
 VI. And be it, &c., that it shall and may be lawful for the Pro- 
 vost Marshal General to appoint a sufficient Person to be Superintend- 
 ant of Prisoners employed at hard labour in the said Gaol at Hamilton. 
 Such Superintendant not to be the Keeper of the said Gaol. And the 
 said Provost Marshal General shall have authority to remove or dis- 
 place any such Superintendant whom he shall consider negligent or 
 remiss in the performance of his duty or unfit for the same. And 
 every Superintendant so appointed shall be allowed an annual Salary 
 of Fifty Pounds, to be paid to him by the Public Treasurer, out of 
 any unappropriated monies in thfe Public Treasury, quarterly up to 
 the last day of March, June, September, and December in every year 
 during the continuance of this Act, and proportionally for any portion 
 of a quarter for which such Superintendant shall have performed his 
 duty, upon' production of a Certificate from the said Provost Marshal 
 General certifying such Superintendant to have performed the duties 
 of his appointment during the period of time comprised in such 
 Certificate — and a Warrant for such payment from the Governor or 
 Officer administering the Government of these Islands for the time 
 being. 
 
 YII. And be it, &c., that it shall be the duty of the said Super- 
 intendant to keep an exact and particular account in writing of the 
 quantity and cost of the materials received for such hard labour, and 
 also of the quantity of such wrought materials used at or delivered or 
 issued from the said Gaol, and to whom so delivered or issued, a fair 
 copy of which account shall be made up Quarterly, and signed by the 
 said Superintendant, and deposited -with the Public Treasurer for the 
 inspection and examination of either branch of the Legislature of these 
 
1844.] BERMUDA ACTS. 403 
 
 Islands, or any person or persons by them or either of them authorized 
 
 to inspect or examine the same : And the Public Treasurer shall not 
 
 pay the said Superintendant's Salary for any quarter until the Copy 
 
 of such Account relating to that Quarter shall be deposited with him : 
 
 And it shall be the duty of the Keeper of the said Gaol to afford every Keeper of 
 
 reasonable facility and assistance in his power to the said Superintend- Hit°siperin- 
 
 ant in carrying this Act into effect, which may be consistent with the \^^^^^ 
 
 performance of his duty as Keeper of the said Gaol, and with the Gaol no. e, §3.) 
 
 Regulations. 
 
 YIII. And be it, &c., that it shall be lawful for five or more of justices in 
 the Justices of the Peace in General or Quarter Sessions assembled to ^"^^™Vm 
 make Regulations for the several purposes in this Act specified — and lations. 
 such further and additional Rules for the enforcement of hard labour 
 on Criminal prisoners — and the duties to be performed by the Officers 
 of the Gaol in relation thereto, as to them may seem expedient — pro- 
 vided that no such Rules shall be enforced until the same shall have 
 been submitted to the Chief Justice of the Court of General Assize, or 
 in case of his absence from these Islands, or incapacity from sickness, 
 to the Assistant Justices of that Court, and until such Chief Justice 
 or Assistant Justices (in case of his absence or incapacity as aforesaid) 
 shall have subscribed a Certificate or Declaration that he or they (as 
 the case may be) approve of the same. Provided also, that such Rules 
 and Regulations shall be not repugnant to the Rules and Regulations 
 contained in this or any other Act of the Legislature of these Islands. 
 And the Provost Marshal General shall, and he is hereby required, 
 upon being furnished with a Copy of such Rules .so certified, to cause 
 Copies of so much of the said Rules as relates to the treatment and 
 conduct of Prisoners confined in the said Gaol to be printed in legible 
 characters, and to be fixed in conspicuous parts of the Prison, so that 
 every Prisoner may be able to have access thereto : and all Rules and 
 Regulations made pursuant to this Act shall be binding upon the said 
 Provost Marshal General and upon all other persons. Provided also, 
 that any of the said Rules may at any time be altered or annulled by 
 the same authority that made and approved of them. 
 
 IX. And whereas persons convicted of offences are frequently chief justice 
 sentenced to imprisonment without being sentenced to hard labour ; 4° ^^,^^^^"5: 
 be it, &c., that it shall be lawful for the Chief Justice of the Court of untary em- 
 General Assize, or in case of his absence from these Islands, the As- oth^piiBon- 
 sistant Justices of that Court, to authorize by an order in wi'iting, any "'• 
 such Prisoners confined in the said Gaol, to be employed with their 
 own consent, in any description of work or labour not severe which 
 may be specified in such order : And that the Provost Marshal Gen- Marshal to 
 eral shall furnish and provide such Prisoners with proper materials ''^^"j^j^^ °'*" 
 and implements for carrying on siich work at the public expense, and 
 sell and dispose of the articles so made by such work, in such manner 
 as shall be directed in any such order, and keep an account of the cost 
 and produce of such work and materials : And shall pay to such Pri- ^^^ 
 soners, respectively on their discharge from Gaol one half of the net half of the 
 profit of such work, after deducting from the said Produce thereof the I'ich prison- 
 cost of the materials. And it shall be lawful for such Chief or Assist- "■=■ 
 aut Justices, from time to time tcJ rescind, annul or alter any such 
 order. 
 
404 
 
 BERMUDA ACTS. 
 
 [1845. 
 
 Authorizing 
 removal of 
 PriBoners. 
 
 Books to be X. And whereas it might conduce to the Moral improvement 
 re^s'em-""' and reformation of Prisoners employed at hard labour, if portions of 
 Eirdfabo'ur Suitable Books were read to them at proper times, be it enacted, that 
 ■ the Superintendant shall read over to such Prisoners assembled to- 
 gether, at such stated times as shall be authorized by the Chief Jus- 
 tice of the Court of General Assize, such Books or portions of Books, 
 as shall be authorized and approved by the said Chief Justice, and 
 the Chaplain of the said Gaol. 
 
 Marshal's XL And bc it, &c., that the Provost Marshal General shall be 
 
 tfon™""" allowed and receive such compensation for his Services in carrying 
 
 this Act into effect, as shall be deemed reasonable by the Legislature. 
 
 XII. And whereas it may become necessary in order to carry 
 into effect the intention of this Act, to remove Prisoners who may be 
 confined under Sentence in the Gaol at the Town of Saint George to 
 the said Gaol at the Town of Hamilton ; be it enacted, that whenever 
 it shall be deemed expedient by the Chief Justice or the Assistant 
 Justices of the Court of General Assize, that any Prisoner confined ia 
 the Gaol at the Town of Saint George under sentence of imprison- 
 ment with hard labour (other than Prisoners sentenced by any Court 
 Martial) should be removed from the said Gaol at Saint George to 
 the said Gaol at Hamilton, it shall be lawful for the said Chief Justice 
 or Assistant Justices by any Order in writing directed to the Provost 
 Marshal General to authorize and direct the removal of such Prisoner 
 from the said Gaol at Saint George to the said Gaol at Hamilton, and 
 the imprisonment and labour of such Prisoner, at the said Gaol at 
 Hamilton, for the residue of his term of imprisonment — in like manner 
 as if such Prisoner had been originally sentenced to be so imprisoned 
 at the said Gaol at Hamilton. 
 
 Duration of XIH. And bc it, &c., that this Act shall continue in force until 
 the Act. a^^ throughout the last day of December which will be iu the year of 
 our Lord, one thousand eight hundred and forty-five. 
 
 [Continued, together with Act of 1847, No. 11, to the end of 1865, by Act of 1858, 
 No. 6. See also Act of 184'?, No. 17.] 
 
 1845. No. 1. 
 
 AN ACT to explain and amend the Act, intituled '^ An Act for the 
 amendment of an Act entitled An Act directing what warning is 
 to he given to a Tenant at Will." 
 
 [25 June, 1845.] 
 
 Preamble. 
 
 Recites Act 
 of 1782, 
 Sec. 3. 
 
 WHEREAS by the Act of the Legislature of these Islands, passed 
 in the year of our Lord One thousand seven hundred and eighty-two, 
 the title whereof is above recited, it is among other things enacted 
 " That any Lessee of Lands not holding under an actual written agree- 
 ment or lease, being minded to yield up any premises by him or her 
 occupied, shall give six months previous notice of such intention to the 
 Lessor, or his lawful Attorney, at the expiration of which time it shall 
 
1845.] BERMUDA ACTS. 405 
 
 be lawful for such Lessee to quit tlie demised premises — and that when 
 and as often as any Lessee shall have received proper and due notice 
 from his or her Landlord to quit the demised premises, and shall not 
 render up peaceable and quiet possession of such demised premises to 
 the Lessor, at the expiration of sis months after such notice (except in 
 some written agreement between the Lessor and the Lessee, otherwise 
 particularly stipulated) it shall and may be lawful for any Justice of the 
 Peace, on due proof of the facts being clearly made, to grant a "War- 
 rant to the Constable of the Parish where the demised premises shall 
 lay, to oust and turn out of possession such Lessee, any Law, usage or 
 custom to the contrary in any wise notwithstanding." And whereas 
 although the practice under the said Act has usually but not uniformly 
 been for the Lessee to quit the premises at the expiration of Six 
 Calendar Months after giving or receiving notice, without reference to 
 the period of the year when the tenancy might expire — doubts have 
 arisen whether such practice is in conformity with the said Act, and 
 whether a Tenant under the said Act is not bound to give, and in like 
 manner entitled to receive Six months notice before the tei'mination • 
 of the year of his tenancy, and it is expedient to remove such 
 doubts : — 
 
 I. We, therefore, &c., and be it enacted, &c., that it shall be lawful lessee 
 for any Lessee of Lands not holding under an actual written agreement calendar 
 or lease containing a stipulation to the contrary, being minded to yield Jfce'oflMen- 
 up the premises by him or her occupied, to give Six Calendar months ^°^*'' ^^' 
 previous notice of such intention to the Lessor or his lawful Attorney, at the expi- 
 and at the expiration of the said Six months to quit the demised SchV 
 premises — whether the said Six months shall or shall not expire with "hethlr ex- 
 the year of the Tenancy, and in like manner that when and as often as p^^s j"'"' 
 any Lessee shall have received due notice from his or her Landlord to tenancy or 
 quit the demised premises, and shall not render up peaceable and quiet Axfi six 
 possession of such demised premises to the Lessor, at the expiration of ™eiTtag"" 
 Six Calendar"months after such notice (except in some written agree- notice to 
 ment between the Lessor and Lessee otherwise particularly stipulated) oust'e™*^ 
 and whether the said Six months shall or shall not expire with the si^*month?° 
 year of the tenancy — it shall and may be lawful for any Justice of the '^f^J'^r 
 Peace, on due proof of the facts being clearly made, to grant a War- not. 
 rant to the Constable of the Parish where the demised premises shall No7to°iu- 
 lie, tooust and turn out of possession such Lessee — any law, usage or 'eqS-e Ten- 
 custom to the contrary notwithstanding. Provided always^ that antofprem- 
 where any Lands or Tenements shall be held or taken by the year, bTthe year 
 nothing in this Act contained shall be deemed to authorize or require fore^xpira- 
 the Tenant to quit before the expiration of the first year of tenancy, uon^oi first 
 
 II. And be it, &c., that when any Tenant or Lessee shall quit any Portion of 
 premises aforesaid, or be turned out of possession thereof as aforesaid — recovera- 
 it shall be lawful for the Lessor or Landlord to recover the portion of aon'of S 
 rent for any period of time between the expiration of the last pre- y«*'- 
 ceding half year, and the time of the lessee or tenant so quitting or 
 
 being turned out of possession of the premises, in like manner, and by 
 any such ways, means or remedies, as the rent for any entire half year 
 might be recovered. 
 
 III. And be it, &c., that if any tenant or tenants for life, lives, 
 or years, or other persons coming into possession of any lands, tene- 
 
406 B E R M U D A A C T S . [1845. 
 
 Tenants meiits Or hereditaments under or by collusion with such tenants, shall 
 bSiAini wilfully hold over after the determination of their term, and after 
 dlmand'Ld demand made, and notice in writing given for delivering the posses- 
 notice.to sion thereof, by their Landlords or lessors, or persons entitled to the 
 yahie.°"'''° reversion or remainder of such lands, tenements or hereditaments, or 
 their agents — such persons so holding over shall, for the time they 
 shall so hold over, pay to the persons kept out of possession, their Exe- 
 cutors, Administrators or Assigns, at the rate of double the yearly 
 value of the lands, tenements or hereditaments, for so long time as 
 the same are detained — to be recovered by action of debt. Where- 
 unto the Defendant shall be obliged to give special bail, against the 
 recovery of which penalty there shall not be any relief in Equity. 
 
 Tenants giv- jy. And be it, &c., that if- any tenant shall give notice of his in- 
 
 Sfd^rde- tention to quit the premises holden by him at a time mentioned in 
 
 Sra a?-°^" such notice, and shall not deliver up the possession thereof accordingly, 
 
 "r*'dfibie° t^®^ ^^^^ Tenant, his Executors or Administrators shall thenceforward 
 
 Kent. . pay to the Landlord double the Eent which he should otherwise have 
 
 paid, to be levied, sued for and recovered at the same time and in the 
 
 same manner as the single rent could — and such double rent shall 
 
 continue to be paid during all the time such tenant shall continue in 
 
 possession. 
 
 Not to affect ^- Providcd always, and be it, &c., that nothing in this Act con- 
 Act of issa tained shall be deemed or construed to alter the Act passed by the 
 Legislature in the year One thousand eight hundred and thirty-eight, 
 intituled " An Act in addition to the Acts directing what "Warning is 
 to be given to a Tenant at Will." 
 
 1845. No. 2. 
 
 AN ACT to facilitate Summary Proceedings lefore Justices of the 
 
 Peace. • 
 
 [25 June, 1846.] 
 
 Preamble. WHEEEAS it IS expedient to afford facilities in the Proceedings 
 
 before Justices of the Peace, for such offences as are or shall be pun- 
 ishable on Summary conviction under any Act of the Legislature of 
 these Islands, or under any Act of Parliament which now is or here- 
 after shall be in force in these Islands : — 
 
 Modeof pro- I. We, therefore, &c., and be it enacted, &c., for the more effect- 
 
 offencS°° i^^l prosecution of all offences punishable on summary conviction, for 
 
 punishable -^hicli no particular form of proceeding hath been or shall be directed, 
 
 conyiction that whcrc auy person shall be charged on the Oath of a credible wit- 
 
 parucuta"" ness before any Justice or Justices of the Peace with any such of- 
 
 ceedtog S^° feucc, the Justicc or Justices may summon the person charged to 
 
 directed. appear at a time and place to be named in such Summons ; and if he 
 
 shall not appear accordingly, then, (upon proof of due service of the 
 
 Summons upon such person by delivering the same to him personally, 
 
 or by leaving the same at his usual place of abode,) the Justice or 
 
1845.] BERMUDA ACTS. 407 
 
 Justices may either proceed to hear and determine the case ex f arte, 
 or issue his or their warrant for apprehending such person and bring- 
 ing him before himself, themselves, or some other Justice or Justices 
 of the Peace : or the Justice or Justices before whom the charge shall 
 be made, may, (if he or they shall so think fit,) without any previous 
 summons, (unless where otherwise specially directed,) issue such War- 
 rant : and the Justice or Justices before whom the person charged 
 shall appear or be brought, shall proceed to hear and determine the 
 case. 
 
 II. And be it, &c., that from and after the passing of this Act, Form of con- 
 in all cases wherein a Conviction shall have taken place — -and no par- 
 ticular form for the liecord thereof hath been or shall be directed — 
 the Justice or Justices authorized to proceed summarily therein, and 
 before whom the Offender or Offenders shall have been convicted, 
 shall and may cause the Record of such Conviction to be drawn up in 
 the manner and form following, or in any other form of^ words to the 
 same effect, mutatis mutandis, as the case shall require : — 
 
 (that is to say : — ) 
 
 Be it Kemembeebd, that on the day of in 
 
 the year of our Lord at Parish in the 
 
 Islands of Bermuda, A. B. of Paiish, in the said 
 
 Islands, labourer, (or as the case may be,) pei-sonally came before 
 me J. P. one [or us " J. P. and L. L. two"] of Her Majesty's Justices 
 of the Peace for the said Parish, [or " Islands,"] and informed * 
 me [or '*us" &c.] that C. D. of Parish in the 
 
 said Islands, on the day of in the year aforesaid, 
 
 at Parish in the said Islands, did [here set forth the 
 
 fact for which the information is laid'] contrary to the form of 
 the Statute ["or Act"] in such case made and provided. — 
 Whereupon the said C. D. — -after being duly summoned to an- 
 swer the said charge — appeared before me [or " us " &c.] on the 
 
 day of in the year at 
 
 Parish aforesaid, and having heard the charge contained in the 
 said information — declared he was not guilty of the said Offence, 
 [or, as the case may happen to he, " did not appear before me, (or 
 us,) pursuant to the said Summons,"] [or, " did neglect or refuse 
 to make any defence against the said charge,"] Whereupon I [or 
 " we &c."] the said Justice [or " Justices"] did proceed to exam- 
 ine into the truth of the said Charge : — and on the day of 
 aforesaid, at , Parish aforesaid, one 
 credible witness to wit — E. F. of Parish in the said 
 Islands, upon his Oath deposeth and saith [if C. D. be present 
 say "in the presence of the said C. D."] that within 
 months [or, as the case m^y be] next before the said information 
 was made before me [or " us " &c.] the said Justice by the said 
 A. B. to Wit, on the day of in the year 
 the said C. D. at in the said Islands, [Ilere state the 
 evidence and as nearly as possible in the words used hy the wit- 
 ness, a/nd if more than one witness ie examined, state the evidence 
 given hy each] [or, if the Defendant confess, instead of stating 
 the denial of the Charge, and the evidence, say,~\ and the said 0. 
 
408 
 
 BEEMUDA ACTS. 
 
 [1845. 
 
 (Periods lim- 
 ited by 1848, 
 No. 20.) 
 
 D. acknowledged and voluntarily confessed the same to be true : 
 — therefore it manifestly appearing to me [or " us " &c.] that he 
 the said C. D. is guilty of the offence charged upon him in the 
 said information, I [or " we " &c.] do hereby convict him of the 
 offence aforesaid, and do declare and adjudge that he the said C. 
 J), hath forfeited the sum of for the offence aforesaid : 
 
 to be distributed [or " paid " — as the case may be] according to 
 the form of the Act [or " Statute "] in that case made and pro- 
 vided : — [If Costs be awarded add^—'-'- and also to pay to the said 
 A. B. the sum of for Costs " :]— [or, and I (or " We ") 
 
 do adjudge the said C. D. to pay the said sum of so 
 
 forfeited, and the said sum of costs immediately ; and 
 
 in default of immediate payment thereof, to be imprisoned in 
 Gaol] [or, in cases where hard labour is awarded 
 " to be imprisoned in the Gaol at and there kept 
 
 to hard labour,"] for the space of unless the said 
 
 Sum [or "Sums"] shall be sooner paid] — [or, and I (or "we") 
 order that the said Sum [or " Sums "] shall be paid by the said 
 C. D. on or before the day of and in default 
 
 thereof, that the said C. D. be imprisoned in the Gaol at 
 
 [and in cases where hard labour is awarded — add " and 
 there kept to hard labour "-7-] for the space of unless 
 
 the said Sum [or " Sums "] shall be sooner paid. 
 
 Given under my hand and Seal [or, " Our hands and Seals"] 
 the day of in the year of our Lord 
 
 Where two 
 Justices are 
 required to 
 determine 
 any com- 
 plaint, one 
 Justice may 
 receive the 
 information 
 and enforce 
 the proceed- 
 ings subse- 
 quent to ad- 
 judication. 
 
 III. And be it, &c., that in all cases where two or more Justices 
 are authorized and required to hear and determine any Complaint, 
 one Justice shall be competent to receive the original information or 
 complaint, and to issue the Summons or Warrant requiring the Par- 
 ties to appear before two or more Justices of the Peace, as the case 
 may require : — and after examination, upon Oath, into the merits of 
 the said Complaint, and the adjudication thereupon by any two such 
 Justices being made, all and every the subsequent proceedings to en- 
 force obedience thereto, or otherwise, whether respecting the penalty, 
 fine, imprisonment, costs, or other matter or thing, now enacted, or 
 hereafter to be enacted, may be enforced and done by either of the said 
 Justices, or any otlier Justice of the Peace, in such and the like man- 
 ner as if done by the same two Justices who so heard and adjudged 
 the said Complaint : — ^and where the original complaint or informa- 
 tion shall be made to any Justice or Justices of the Peace different 
 from him or them before whom the same shall be heard and deter- 
 mined, the form of Conviction shall be made conformable and accord- 
 ing to the fact. 
 
 Conviction I^- . -^^^ ^^ i*, &e., that in all cases where it appears by the 
 
 ^id*e°torde- convictiou that the Defendant had appeared and pleaded, and the 
 feet of form, mcrits have been tried, and that the Defendant has not appealed 
 against the said Conviction, where an appeal is allowed, or if ap- 
 pealed against — the Conviction has been affirmed, such conviction 
 shall not afterwards be set aside or vacated in consequence of any 
 defect of Form whatever ; but the construction shall be such a fair 
 and liberal construction as will be agreeable to the justice of the case. 
 
1845.] BERMUDA ACTS. 409 
 
 Y. And be it, &c., tliat it shall be lawful for His Excellency the may pardon 
 Governor, or Acting Governor, for the time being, to extend the Koyal fmprtainea 
 Mercy to any person imprisoned by virtue of any summary conviction J^e„°°°/P^J: 
 although such person shall be imprisoned for non-payment of money ^^^^H^^ 
 to some party other than the Grown. the crown. 
 
 YI. And be "it, &c., that nothing in this Act contained shall be Not^to affect 
 construed to alter or affect the mode of proceeding imder the Act of SnTe" "'^' 
 the Legislature passed in the year One thousand seven hundred and ^efatiTeto^' 
 seven, impowering the Justices of the Peace to hear anddetermine ^^f^^";^^ 
 any debt or difference not exceeding the sum of forty shillings — or 408. 
 any enactment in extension or amendment thereof. 
 
 YII. And be it, &c., that this Act shall be and contiaue in force Duration, 
 for three years, and thence to the end of the next Session of the Le- 
 gislature, and then to determine and expire. 
 
 [Amended by Act of 1848, No. 20; and these Acts of 1845 and 1848, continued to the 
 end of 1867, by Act of 1851, No. 14.] 
 
 1845. No. 5. 
 
 AN ACT to sim/plify the Transfer of Property. 
 
 [15 July, 184S.] 
 
 FOE simplifying the assurance of Property by Deed : — 
 
 I. We, &c., and be it enacted, &c., that the words and expressions signification 
 hereinafter mentioned which in their Ordinary signification have a ^'orS' tee- 
 more confined or a different meaning shall in this Act, except where "■ 
 
 the nature of the provision or the context of the Act shall exclude 
 
 such construction be interpreted as follows : (that is to say) — the Word 
 
 " Land " shall extend to Messuages, lands. Tenements and heredita- " Land." 
 
 ments, whether corporeal or incorporeal, and to any undivided share 
 
 thereof, and to any Estate or interest therein, and to money subject 
 
 to be invested in the purchase of land or any interest therein ; the „ 
 
 word " conveyance " shall extend to a Feoffment, Grant, Release, anc°e"^^^ 
 
 Surrender, or other assurance of Freehold Land : the word " person " "Person." 
 
 shall extend to a Corporation as well as an Individual : and every 
 
 word importing the singular number only shall extend and be applied 
 
 to several persons or things, as well as to one person or thing ; and 
 
 every word importing the masculine Gender, only, shall extend and 
 
 be applied to a female as well as a male. ' Deed with- 
 
 out livery of 
 
 II. And be it, &c., that every person may convey by any Deed, pri^jVease 
 without Livery of Seisin or any prior lease, all such freehold land as to operate as 
 he might before the passing of this Act have conveyed by Lease and RdeLe." 
 Release; and every such conveyance shall take effect as if it had No°tto°dia- 
 been made by Lease and Release : Provided always — that nothing p^^^^J^^'J 
 in this Act contained shall be deemed to dispense with the recording ingor regis- 
 or registering of Deeds or the Heads or abstracts of Deeds in such knX^e°ag?°" 
 cases as they are now required by law to be recorded or registered; D^^snow 
 nor to dispense with the acknowledgment of Deeds executed by mar- required. 
 
 52 
 
410 
 
 BERMUDA ACTS. 
 
 [1845. 
 
 ried women, before a Judge or a Coinmissioner appointed by a Judge, 
 in such eases as they are now required to be acknowledged. 
 
 Contingent 
 or executo- 
 ry Interests, 
 rights of 
 Entry, or fu- 
 ture Estates 
 may be as- 
 signed by 
 Deed. 
 
 And tlie as- 
 signee to 
 stand in 
 the place of 
 assignor. 
 
 Proviso: not 
 to authorize 
 the disposal 
 of any ex- 
 pectancy as 
 Heir, &c., 
 of a living 
 person, nor 
 under Will 
 of a living 
 person, nor 
 under Deed 
 to be after- 
 wards exe- 
 cuted. 
 Nor to en- 
 large an Es- 
 tate Tail, nor 
 assign 
 c?L08es in. 
 action. 
 
 The word 
 " Grant," 
 or " Ex- 
 change," in 
 a Deed not 
 to create 
 Warranty or 
 implied Cov- 
 enant. 
 
 No Convey- 
 ance by 
 Feoffment to 
 be voidable, 
 which would 
 be void if 
 made by Re- 
 lease or 
 Grant. 
 Nor to 
 create any 
 Estate by 
 wrong or 
 greater than 
 Uelease, &c. 
 
 No contin- 
 gent Re- 
 mainder in 
 land to be 
 hereafter 
 ci'eated. 
 
 Existing 
 contingent 
 remainders 
 not to be 
 barred by 
 merger or 
 
 III. And be it, &c., that any person may convey assign or 
 charge by any Deed, any such contingent or executory interest, Eight 
 of entry for condition broken, or other future estate, or Interest as he 
 shall be entitled to, or presumptively entitled to in any freehold or 
 leasehold land or personal property, or any part of such Interest, 
 Right or Estate respectively ; and every person to whom any such 
 Interest, Eight or Estate shall be conveyed or assigned, his Heirs, 
 Executors, Administrators or Assigns, according to the nature of the 
 Interest, Eight or Estate, shall be entitled to stand in the place of the 
 person by whom the same shall be conveyed or assigned, his Heirs, 
 Executors, Administrators, or Asssigns, and to have the same Interest, 
 Eight or Estate, or such part thereof as shall be conveyed or assigned 
 to him, and the same Actions, Suits and Eemedies for the same, as 
 the person originally entitled thereto, his Heirs, Executors or Admin- 
 istrators, would ha-v;e been entitled to, if no conveyance, assignment, 
 or other disposition thereof had been made : Provided^ that no per- 
 son shall be empowered by this Act to dispose of any expectancy 
 which he may have as Heir, or Heir of the body inheritable, or as 
 next of kin, under any Law for the distribution of the Estates of 
 Intestates of a living person, nor any Estate, Eight or Interest to 
 wliich he may become entitled under any Deed thereafter to be exe- 
 cuted, or under the Will of any living person ; and no deed shall 
 by force of this Act bar or enlarge any Estate Tail : Provided also^ 
 that no chose in action shall by this Act be made assignable at 
 Law. 
 
 IV. And be it, &c., that neither the word " Grant '' nor the 
 word " Exchange " in any Deed shall have the effect of creating 
 any Warranty, or right of re-entry, nor shall either of such words 
 have the effect of creating any covenant by implication except in cases 
 where by any Act of Parliament in force in these Islands or Act of the 
 Legislature of these Islands it is, or shall be declared that the word 
 " Grant " shall have such effect. 
 
 V. And be it, &c., that no conveyance shall be voidable only, 
 when made by Eeoffment or other assurance, where the same would 
 be absolutely void if made by Eelease or Grant ; and that no assur- 
 ance shall create any Estate by wrong, or have any other effect than 
 the same would have if it were to take effect as a Eelease, Surrender, 
 Grant, Lease, Bargain and Sale, or Covenant to stand seised (as the 
 case may be.) 
 
 VI. And be it,.&c., that after the time at which this Act shall 
 come into operation no Estate in land shall be created by way of con- 
 tingent remainder ; but every estate which before that time, would 
 have taken effect as a contingent remainder shall take effect (if in a 
 Will or Codicil) as an Executory Devise, and (if in a Deed) as an 
 Executory Estate of the same nature and having the same properties 
 as an Executory Devise ; and contingent remainders existing under 
 Deeds, Wills, or Instruments executed or made before the time when 
 this Act shall come into operation, shall not fail, or be destroyed or 
 
1845.] BERMUDA ACTS. 411 
 
 barred merely by reason of tbe destruction or merger of any preced- destruction 
 ing Estate, or its determination by any other means than the natural Est^a'te!"*"^ 
 eftliixion of the time of such preceding Estate, or some event on which 
 it was on its creation limited to determine. 
 
 VII. And be it, &e., that when any person entitled to any free- Admtaistra" 
 hold land by way of Mortgage, has or shall have departed this life, ors of Mort- 
 and his Executor or Administrator is or shall be entitled to the money conveythe 
 secured by the Mortgage, and the legal Estate in such land is or shall l^^^'oft'-'^'* 
 be vested in the Heir or Devisee of such Mortgagee, or the Heir, gaged tree- 
 Devisee or other Assign of such Heir or Devisee, and possession of 
 
 the land shall not have been taken by virtue of the Mortgage, nor 
 any Action or Suit be depending, such Executor or Administrator 
 shall have power, upon payment of the principal money and Interest 
 due to him on the said Mortgage to convey by deed or Surrender (as 
 the case may require) the legal estate which became vested in such 
 Heir or Devisee ; and such conveyance shall be as effectual as if the 
 same had been made by any such Heir or Devisee, his Heirs or As- 
 signs. 
 
 VIII. And be it, &c., that the }>ona fide payment to, and the re- Bona m^ 
 ceipt of any person to whom any money shall be payable uj)on any ^J^^l"""^. 
 express or implied Trust or for any limited purpose or of the Surviv- Tiving iort- 
 ors or Survivor of two or more Mortgagees or Holders, or the Execu- fhau'dis-' 
 tors or Administrators of such Survivor, or their or his Assigns shall payeffrom 
 effectually discharge the person paying the same from seeing to the uabmty for 
 application or being answerable for the mis-application thereof, un- tion, 4c. 
 less the contrary shall be expressly declared by the Instrument creat- 
 ing the Trust or Security. Not neces- 
 
 ° •' sary for 
 
 Deed to be 
 
 IX. And be it, &c., that it shall not be necessary in any case to indented. 
 have a Deed indented ; and that any person, not being a party to any plniesio 
 Deed, may take an immediate benefit under it in the same manner as ufe' benefit 
 he might under a Deed Poll. '"'5^''S'*5 
 
 o under Deed 
 
 Poll. 
 
 X. And be it, &c., that where the Reversion of any Land expect- „ , 
 
 -r 1T11 T- -T iT-»' Owner or 
 
 ant on a Lease, shall be merged m any remamder, or other Keversion Estate into 
 or Estate, the person entitled to the Estate into which such Reversion lion explct- 
 shall have merged, his Heirs, Executors, Administrators, Successors, fe°se "haii 
 and Assigns, shall have and enioy the like advantage remedy and havsmerg- 
 benefit, against the Lessee his Heirs, Successors, Executors, Admmis- samereme- 
 trators and Assigns, for non-payment of the Eent, or for doing of Lessfeastte 
 Waste or other forfeiture, or for not performing Conditions, Cove- reversioner 
 
 . .11 1-1. T Vv* would have 
 
 nants or Agreements contained and expressed m his Lease, Demise had. 
 or Grant [against the Lessee, Farmer or Grantee, his Heirs, Success- 
 ors, Executors, Administrators and Assigns,] as the person who would 
 for the time being have been entitled to the mesne reversion which 
 shall have merged, would or might have had and enjoyed, if such 
 Reversion had not been merged. 
 
 XL And be it, &c., that this Act shall commence and take effect ^„|. j^ ^^^_ 
 from (and immediately after) the thirty-first day of December, one f ™°^^^y 
 thousand, eight hundred and forty-five, and shall not extend to any i846. 
 Deed, Act or thing executed or done, or (except so far as regards the 
 
412 
 
 BERMUDA ACTS. 
 
 [1845. 
 
 provisions hereinbefore contained as to existing contingent remain- 
 ders) to any Estate, Eight or Interest created, before the first day of 
 January one thousand, eight hundred and forty-six. 
 
 pe°aiAcrof XII. And be it, &c., that nothing in this Act contained shall 
 qStag" ^® deemed to repeal, abridge or vary the Act of the Legislature of 
 Estates, and thcsc Islands, passed in the year one thousand, seven hundred and 
 Law aSto!" seven. For quieting Estates, and preventing law Suits. 
 
 1845. No. 6. 
 
 AN ACT to repeal an Act intituled, " An Act for the due regula- 
 tion of Weights am,d Measures" and for ascertaining amd es- 
 tablishing uniformity of Weights and Measures. 
 
 [19 July, 1845.] 
 
 Preamble, 
 
 ter 81 De- 
 cember, 
 1846. 
 
 repealed 
 here after 81 
 December, 
 1846. 
 
 WHEKEAS it is necessary for the security of Commerce and for 
 the good of the Community that Weights and Measures should be 
 just and uniform, and it is expedient to assimilate the Weights and 
 Measures authorized to be used in these Islands to those established 
 by Law in England ; 
 
 I. We therefore, &c., and be it enacted, &c., that from and after 
 the Thirty-first day of December one thousand eight hundred and 
 forty six the Act intituled " An Act for the due regulation of Weights 
 and Measures," passed by the Legislature of these Islands in the year 
 one thousand six hundred and ninety-three, be and the same hereby 
 is repealed. 
 
 statutes re- II. And be it, &c., that the several Acts of Parliament and parts 
 Geo.'!; c.'t4^ of Acts of Parliament, repealed by an Act passed the Parliament of 
 ' the United Kingdom of Great Britain and L-eland, in the fifth Year 
 of the Keign of his late Ma,iesty King George the Fourth, intituled, 
 " An Act for ascertaining and establishing uniformity of Weights and 
 Measures" — so far as the same or any part thereof, may- be in force in 
 these Islands, shall be and the same are hereby repealed from and 
 after the said thirty first day of December. 
 
 After that HI. And be it, &c., that from and after the said thirty first day of 
 
 Fawfut*'"' December, the lawful Weights and Measures to be used in these 
 Weights and Islands, shall be of the same standard, and of the same weight and 
 he?ft"be capacity respectively as is now established by law with regard to the 
 in^Bnguir lawful wcights and measures used in England. 
 
 Andaiideai- I^- -A-ud be it, &c., that from and after the said thirty first day 
 (where'no ^^^ December, all Contracts, Bargains, Sales and Dealings which shall 
 agreement bc made or had within these Islands for any work to be done, or for 
 tra?y)To°be any Goods, Wares, Merchandize or other things to be sold, delivered, 
 that stind-° ^one or agreed for by weight or measure, where no special agreement 
 ard- shall be made to the contrary, shall be deemed, taken and construed 
 
 to be made and had according to the Standard Weights and Measures 
 
 established by this Act. 
 
1845.] BERMUDA ACTS. 413 
 
 V. And be it, &c., that as soon as conveniently may be done Public Trea- 
 after tbe passing of this Act, the Public Treasurer of these Islands fmp^ort "from 
 shall import into these Islands, from London, at the Public expense, ^t°na™d 
 one set of standard Weights of Brass or other suitable metal, com- ^|j|^?J°^ 
 prising one weight of each of the following denominations avoirdu- 
 pois, (that is to say) fifty six pounds, twenty eight pounds, fourteen 
 pounds, seven pounds, four pounds, two pounds, one pound, half a 
 pound, four ounces, two ounces, one ounce, half an ounce. And also, 
 one set of Standard Measures of Brass, or other suitable metal — com- 
 prising one measure of each of the following denominations (that is to 
 say) half bushel, peck, gallon, half gallon, quart, pint, half pint, gill, 
 half gill, and also nine sets of standard measures of Pewter, compris- 
 ing one measure of each of the following denominations (that is to 
 say) quart, pint, half pint, gill, half gill, which said weights and 
 measures so to be imported are to correspond accurately in weight 
 and capacity with the standard weights and measures of similar de- 
 nominations now established by Law in England. 
 
 VI. And be it, &c., that as soon as conveniently can be done after Ana to hare 
 the importation of the said measures as aforesaid, the said Public Tubs^made 
 Treasurer shall cause fifteen Tubs to be made of "Wood, with copper ^^^^^'^^ 
 hoops, at the Public expense corresponding accurately in shape and orsana jus- 
 capacity with the said half bushel measure so imported from London "°''*' 
 
 — and shall issue the said Tubs, as follows : (that is to say) one thereof 
 to the Justices of the Peace residing in each of the nine Parishes in 
 these Islands, and three thereof to the Mayor of the Town of Hamil- 
 ton, and three thereof to the Mayor of the Town of Saint George, and 
 shall issue one set of the said Pewter measures to the said Justices of 
 each of the said Parishes — -^nd the said Brass Weights and Measures standard 
 shall be kept for custody and inspection at the Treasurer's Oifice — and Meafuralo 
 the said Tubs and Pewter Measures after being so issued to the Jus- the'^iJeasur- 
 tices as aforesaid, shall be kept for custody and inspection with such er-s office, 
 person or persons, and in such place or places, as the said Justices in and neas- 
 their respective Parishes from time to time shall appoint, and the j^ucJs'''^ 
 same shall be produced by the keeper or keepers thereof upon reason- 
 able notice at such time or times within each Parish as any person or 
 persons shall by writing under his or their hand require — the person 
 requiring such production paying the reasonable charges of the same 
 — and the said Tubs so issued to the said Mayors shall be hired to ^^j'^t^^^e" 
 such person or persons and at such moderate rates as the said Mayors Mayors to 
 in their respective Towns from time to time shall direct — the profits '"''"''^*°"'- 
 arising from such hire to go into the General Funds of the said Towns 
 respectively. 
 
 VII. . And be it, &c., that from and after the said thirty first day f^ll'^^"^^^ 
 of December, all articles sold by weight in these Islands shall be sold weight to be 
 by avoirdupois weight, except Gold, Silver, Platina, Diamonds or Avobalipois 
 other precious Stones, which may be sold by Troy weight, and drugs Iutc^SiT' 
 — which when sold by retail may be sold by Apothecarie's weight ; Piatina ana 
 and that every person who shall use any weight or measure other than stones, by 
 those authorized by this act, or some aliquot part thereof, or which i^and d™^ 
 shall be found light or deficient or otherwise unj ust, shall, on convic- Apo'tiJem''-^ 
 tion before any two Justices of the Peace for these Islands, forfeit a riee' weight. 
 sum not exceeding five pounds nor less than twenty shillings — besides 
 
414 
 
 BERMUDA ACTS, 
 
 [1845, 
 
 Penalty on 
 using other 
 Weights or 
 Measures. 
 
 Proviso. 
 
 Examiners, 
 Church 
 "Wardens or 
 Constables 
 (authorized 
 in writing 
 by a Justice) 
 may enter 
 shops, 
 &c., and 
 search for 
 Weights and 
 Measui'es, 
 and seize 
 any not ac- 
 cording to 
 Standard. 
 
 Penalty on 
 having such 
 in possession 
 or obstruct- 
 ing Examin- 
 er, 4c. 
 
 the costs of prosecution ; and every such light, deficient or unjust 
 weight or measure so used shall, on being discovered by any Examiner, 
 Church Warden or Constable, be seized, and on conviction of the per- 
 son using or possessing the same shall be forfeited : — pnvided always 
 that nothing herein contained shall prevent the sale of any articles in 
 any Vessel where such Vessel is not represented as containing any 
 amount of Imperial measure or of any fixed local or customary meas- 
 ure heretofore in use in these Islands. 
 
 VIII. And be it, &c., that from and after the said thirty-first day 
 of December it shall be lawful for any Exaininer, Church Warden or 
 Constable (authorized in writing under the hand of any Justice of the 
 Peace for these Islands), at all seasonable times to enter any Shop, 
 Store, Warehouse, Stall, Yard, Place, Ship or Vessel whatsoever, where- 
 in Goods shall be exposed or kept for sale, or shall be weighed for con- 
 veyance or carriage, and there to search for, view and examine all 
 Weights, Measures, Steelyards or other Weighing Machines, and to 
 seize any such weights or measures as shall not be according to the 
 Standard authorized by this Act, or any such Steelyard or other ' 
 Weighing Machine as shall be found incorrect or otherwise unjust, 
 and to detain the sam? to be produced before the Justices ; and the 
 person or persons in whose possession the same shall be found shall 
 on conviction before any two Justices of the Peace forfeit a Sum not 
 exceeding five Pounds, nor less than twenty shillings, together with 
 costs of prosecution, and upon such conviction the Justices shall 
 cause such deficient weights or measures, or incorrect or unjust Steel- 
 yard or weighing machine to be destroj^ed ; and any person who shall 
 neglect or refuse to produce for examination when thereto required all 
 weights, measures, steelyards, or other weighing machines, which shall 
 be in his or her possession, or shall otherwise hinder or obstruct any 
 Examiner, Church Warden, or Constable in such examination or 
 search, or other execution of his duty under this Act, shall be liable 
 to a like penalty, and if the amount of any penalty under this Act 
 awarded by the Justices, together with the costs of prosecution shall 
 not be paid immediately after the conviction, or within such period as 
 the Justices shall at the time of the conviction appoint, it shall be 
 lawful for the Justices to commit the offender to G-aol, there to be 
 imprisoned and kept to hard labour for any term not exceeding two 
 calendar months. 
 
 Justices to 
 direct 
 Church 
 Wardens to 
 search for 
 and exam- 
 ine Weights 
 and Meas- 
 ures. 
 
 IX. And in order the more efi'ectually to carry this Act into execu- 
 tion, be it, &e., that from and after the said thirty-first day of Decem- 
 ber, the Justices of the Peace in the respective Parishes shall once in 
 every Year or oftener, direct and require the Church Wardens within 
 their respective Parishes to enter into the several houses, shops, 
 stores, and other places within their respective Parishes where any 
 kind of Goods are sold by retail, and to search for, view and examine 
 the Weights and Measures, Steelyards, and other weighing Machines 
 used there, and to seize such as shall be found deficient, incorrect, or 
 unjust, and any Church Warden performing the duty required by this 
 Act for a Year, and producing a certificate thereof from the Justices 
 
 Their remu- shall bc entitled to receive twenty shillings to be provided for like 
 
 neration. Q^hcr Contingent charges of Government. 
 
1845.] BERMUDA ACTS. 415 
 
 X. And whereas the use of weights made of soft material affords no Lead or 
 facility to fraud, be it, &c., that from and after the said thirty-first day wdghts to 
 of December, no weight made of lead or pewter, or of any mixture ^^ "°^*- 
 thereof, shall be used in these Islands : Provided always, that noth- P'oviao. 
 ing herein contained shall prevent the use of lead or pewter or of any 
 mixture thereof in the manufacture of weights if they be wholly and 
 substantially cased with brass, copper, or iron, and legibly stamped 
 
 or marked " Cased," — or shall preyent the insertion of such a plug of 
 lead or pewter into Weights as shall be hona fide necessary for the 
 purpose of adjusting them, and of fixing the Stamp thereon. 
 
 XI. And be it, &c., that no person shall be prosecuted for any offencea^to^ 
 offence againt this Act unless information thereof upon oath shall be edwitu.n°" 
 given to some Justice of the Peace, within three months after the JJJJnths. 
 offence committed. 
 
 1845. No. 7. 
 
 AE" ACT in addition to an Act intituled "An Act relative to the Con- 
 viction of Offenders transported to these Islands from Great 
 JBritain and other parts of His Majesty's Dominions. 
 
 [22 July, 1845.] 
 
 5 Geo. 4, 
 84. 
 
 "WHEEEAS in and by the Act whereof the Title is above recited. Preamble. 
 which was passed in the year One thousand eight hundred and thirty, 
 it is enacted that every person now or who hereafter during the con- on^^o, '^°' 
 tinuance of this Act, shall be, within these Islands, who may have been 
 delivered, received or treated, within these Islands, as a transported 
 Convict from Grreat Britain, shall upon any prosecution against him 
 for any offence against any Statute or Statutes of the Imperial Parlia- 
 ment, or any Law extended by any Statute or Statutes of the Imperial 
 Parliament to Transports kept to labour in the Islands of Bermuda, be 
 deemed to be Offenders kept to labour in these Islands, by virtue of 
 the Act intituled " An Act for the Transportation of Offenders from ' 
 Great Britain," upon proof of his having been, or being, so delivered, 
 received or treated, although the evidence contemplated by a Statute 
 passed in the fifth year of the reign of His late Majesty King George 
 the Fourth, chapter eighty-four, section twenty-four, be not produced : 
 And whereas it is deemed expedient that the aforesaid provision of 
 the said Act passed in the year One thousand eight hundred and 
 thirty should not be confined to the case therein specially mentioned, 
 but that the same should be extended to all cases whatsoever : — 
 
 I. We, therefore, &c., and be it enacted, &c., that every person Persons 
 that now is, or who hereafter during the continuance of this Act shall Jhete''isi° 
 be within these Islands, who may have been delivered or received, or ands as 
 may be now treated, or who shall hereaft# be delivered, received or convicts to 
 treated, within these Islands, as a transported Convict from Great \l^^^J^ 
 Britain, shall upon any prosecution against him, or against any other though the 
 
416 
 
 BERMUDA ACTS. 
 
 [1845. 
 
 cMtempiat- person whomsoever, for any offence, and also for all and every other 
 
 I* by 5 Geo. intent and purpose whatsoever be deemed to be an Offender, kept to 
 
 24,%e no?"' labour in these Islands, by virtue of the Act of the Imperial Parliament 
 
 produoed. intituled "An Act for the Transportation of Offenders from Great 
 
 Britain," upon proof of his' having been, or being, so delivered, 
 
 received or treated, although the evidence contemplated by the 
 
 Statute of the Imperial Parliament, passed in the fifth year of His 
 
 late Majesty King George the Fourth, ch. 84, s. 24, be not produced. 
 
 Duration. II. And be it, &c., that this Act be, and continue in force, until 
 
 the Twenty-eighth day of April, which will be in the year of our Lord 
 One thousand eight hundred and forty-eight, and until the end of the 
 next Session of the Legislature thereafter. 
 
 [Continued by Act of 1858, No. 11, to the end of 1868.] 
 
 1845. No. 9. 
 
 A'N" ACT in addition to the " Act for improving the Administration 
 of Criminal Justice in these Islands." 
 
 [1 August, 1845.] 
 
 Persons con- 
 Ticted of 
 certain mis- 
 demeanors 
 liable to be 
 imprisoned 
 with hard 
 labour, &c. 
 
 No traverse 
 to be allow- 
 ed except 
 for good 
 cause. 
 
 I. We, &c., and be it enacted, &c., that when any person shall 
 be charged with, and convicted of any of the following offences as 
 misdemeanors, that is to say, of any attempt to commit a Felony ; of 
 any assault with intent to commit a Felony ; of any assault upon 
 any Peace Officer or Revenue Officer in the due execution of his duty, 
 or upon any person acting in aid of such Officer ; of any assault upon 
 any person with intent to resist or prevent the lawful apprehension or 
 detainer of the party so assaulting, or of any other person for any 
 offence for which he or they may be liable by law to be apprehended 
 or detained ; in any such case the Court may sentence the offender to 
 be imprisoned with or without hard labour in the common Gaol, for 
 any term not exceeding two years, and may also direct that the offen- 
 der shall be kept in solitary confinement for the whole or any portion 
 or portions of such imprisonment, or of such imprisonment with hard 
 labour, not exceeding one Calendar Month at any one time, and not 
 exceeding three Calendar Months in any one year, as to the Court in 
 its discretion shall seem meet ; and may also (if it shall so think fit) 
 fine the Offender, and require him to find Sureties for keeping the 
 Peace. 
 
 II. And be it, &c., that no person 
 
 against 
 
 whom any Bill of 
 Indictment shall be found for misdemeanor either in the Court of 
 General Assize or Oyer and Terminer— or Quarter or other Session of 
 the Peace shall be entitled to traverse the same to any subsequent 
 sitting of the Court, but the Court shall forthwith proceed to try the 
 same at the same Assizes or Sessions of any such Court as aforesaid, 
 unless upon good cause to be shewn by the Person against whom the 
 same is found, or the Prosecutor, and to be allowed by the Court for 
 the postponement of the Trial. 
 
1845.] BERMUDA ACTS. 417 
 
 III. And be it, &c., that this Act shall be and continue in force Duration, 
 until and throughout the twentieth day of August, which will be in 
 the year of our Lord, one thousand eight hundred and forty-eight and 
 then shall determine and expire. 
 
 [Continued indefinitely by Act of ISST, No. 5.] 
 
 1845. No. 10. 
 
 AN ACT to ascertain the extent of the Jurisdiction of Justices of the 
 Peace, in cases of Sa,lvage, and for other purposes connected with 
 Salvage, 
 
 [2 August, 184S.] 
 
 WHEREAS by a certain Act of Parliament passed in the 12th Preamble. 
 Tear of Her Majesty Queen Ann, ch. 18, intituled "An Act for pre- periafS 
 serving all such Ships and Goods thereof which shall happen to be "'fg^^ ^°' 
 forced on shore, or stranded upon the coasts of »this Kingdom or any 
 other of Her Majesty's Dominions," which said Act was made per- 
 petual by another Act of Parliament, passed in the 4th Year of His 
 Majesty George 1st, ch. 12, it is enacted that in the special case there- 
 in mentioned, to wit — in the case of assistance rendered to Vessels in 
 distress by or under the direction of certain Officers of the Customs 
 and other persons therein mentioned in the event of disagreement 
 touching the monies deserved by any of the persons so employed it 
 shall be lawful for the Commander of the Ship or Vessel so saved or 
 the owners of the Goods, or the Merchant interested therein, and also 
 for the said Officer of the Customs or his Deputy to nominate three of 
 the neighbouring Justices of the Peace, who shall thereupon adjust 
 the quantum of the monies or gratuities to be paid to the several per- 
 sons acting or being employed in the Salvage of such Ship, Vessel or 
 Goods, and that such adjustment shall be binding to all parties. 
 And whereas by a certain other Act of Parliament passed for an in- 
 definite period in the 26th Year of the Keign of His Majesty King 26 Geo. 2, .;. 
 George the Second, ch. 19, and of which various enactments extend ^^■ 
 to all His Majesty's Dominions, provision is also made in the case 
 therein specially set forth, vizt, the case of assistance voluntarily 
 given by persons not employed for that purpose, for the adjustment 
 of Salvage in case of disagreement about the quantum, in like manner 
 as it is to be adjusted by virtue of the aforesaid Statute in tKe 12th 
 Year of Her Majesty Queen Ann, or else in the manner in the said 
 Act of George 2d particularly prescribed, as the case may require. 
 And whereas by a certain other Act of Parliament passed in the forty- ^goeo 3 c 
 eighth Year of His late Majesty King George the Third, ch. 130, in- iso, §21' 
 tituled " An Act for preventing the various frauds and depredations 
 committed on Merchants, Shipowners, and Underwriters, by Boat- 
 men and others within the Jurisdiction of the Cinque Ports, and also 
 for remedying certain defects relative to the adjustment of Salvage, 
 under a Statute made in the 12th Year of the Peign of Her late 
 Majesty Queen Ann" it was enacted in the 21st Section thereof "that 
 all and every the means which in virtue of the aforesaid Statute of 
 53 
 
418 BERMUDA ACTS. [1845. 
 
 12th Ann subsisted and might then be by Law applied for the con- 
 clusively adjusting and for the recovering of the quantum of the mon- 
 ies or gratuities to be paid to the several persons acting or being 
 employed in the Salvage of any vessel or goods, in cases where applica- 
 tion shall have been first made pursuant to that Statute to Officers of 
 the Customs, or other the Officer or Officers therein in that behalf 
 mentioned, and assistance shall have been thereupon rendered and 
 had in pursuance of the provisions of that Statute, shall be by Law 
 applicable and available in like manner, to all intents and purposes 
 in cases where the Salvors shall have acted under and by the mere 
 employment and authority of the Commander or other Superior Offi- 
 cers, Mariners, or Owners of any Vessel in distress, altho' no such 
 application shall have been made to, nor any authority or assistance 
 derived from, any Officer of the Customs, or other the Officer in the 
 said Statute of 12th Ann in that behalf mentioned — and that upon 
 payment or tender and refusal of the quantum of monies or gratuities 
 to be paid to the several persons who shall have acted or been em- 
 ployed in such Salvage, or in case such payments or tender cannot be 
 made on security being given for the due payment thereof to the 
 Satisfaction of the Justices who shall have adjusted such quantum or 
 gratuities it shall not be lawful for any Officer of the Customs, or 
 other person or persons having the possession or custody of such Yes- 
 sel or Goods any longer to retain the possession or custody of the 
 same, or any part thereof by reason or pretence of any claim or right 
 to a Compensation or gratuity for such Salvage or for having acted or 
 And section hccu employed therein. And "Whereas it was further enacted by 
 22- the Twenty Second clause of the said Act of 4:8th Geo. 3d, That in 
 
 cases where the Salvors shall have acted without application made to, 
 and without any authority or assistance derived from any officer of 
 the Customs or other superior Officer in the said Act of 12th Ann 
 mentioned, and the Commander or other Superior Officer, Mariners 
 or Owners of such Ship or Vessel so saved as aforesaidj or the Mer- 
 chant or other person whose Goods shall be so saved, or their agents 
 as aforesaid, shall disagree with such Salvors touching the quantum 
 of the monies, or gratuities deserved by any persons so employed as 
 aforesaid, it shall be lawful for the Commander of such Ship or Ves- 
 sel so saved or the owner of the Goods, or Merchant interested therein, 
 or their Agents, and for such Salvors as aforesaid to nominate three 
 of the neighbouring Justices of the Peace to adjust the quantum of 
 the monies or gratuities to be paid to such Salvors ; and in case the 
 parties shall not agi'ee in such nomination, that then, on the applica- 
 tion of any of the Parties to any one neighbouring Justice of the 
 Peace, the Justice so applied to, shall nominate two other neighbour- 
 ing Justices of the Peace, and such three neighbouring Justices shall 
 and may thereupon, and they are hereby authorized and required to 
 adjust the quantum of ihe monies and gratuities to be paid to all and 
 each of such Salvors who shall disagree with such Master, Command- 
 ing Officer, Merchant, or Owners or their agents, as aforesaid, touch- 
 ing the quantum of monies, or the gratuity to be paid to him or them 
 respectively, for his or their having been employed and acted in such 
 Salvage as aforesaid : — And whereas the said last mentioned Act of 
 53 oeo. 8, the 48th Year of His late Majesty King George the Third having been 
 passed for a term of Seven Years was, by a subsequent Act of Parlia- 
 
1845.] BERMUDA ACTS. 419 
 
 ment passed in the Fifty-third Tear of His said Majesty continued for 
 a further term of Seven Years and thence until the end of the next 
 Session of Parliament. And "Whereas another Act of Parliament was 1-2 Geo. 4, c. 
 passed in the first and second years of His late Majesty King George '*' 
 the Fourth, chap. Y6, intituled " An Act to continue and amend cer- 
 tain Acts for preventing the various frauds and depredations com- 
 mitted on Merchants, Ship Owners, and Underwriters by Boatmen and 
 others within the Jurisdiction of the Cinque Ports ; and also for 
 remedying certain defects relative to the adjustment of Salvage under 
 a Statute made in the Twelfth Year of the Eeign of Her late Majesty 
 Queen Ann " — which after reciting the passage of the aforesaid Acts 
 of the 48th and 53rd Geo. 3d, and after reciting that it is expedient 
 that the said recited acts should he further continued except so far as 
 the same are thereby altered— proceeds to make enactments similar to 
 those contained in them, with the omission however of the enactment 
 contained in the Twenty-Second Section of the Statute of 48 Geo. 3, ^^^^^^ t„ 
 chap. 1 30 ; and whereas some doubt has therefore arisen with respect extent of 
 to the extent of the Jurisdiction of Justices of the Peace in the case risdSn^" 
 first specially provided for by the said Act of the 48th Geo. 3rd, chkp. G^o'afc. 
 130 ; and whereas most of the cases of Salvage which occur on the 180. 
 Coasts of these Islands are of the description thus by the Act last 
 mentioned specially provided for : 
 
 I. We, therefore, &c., and it is hereby enacted and declared by 48 Geo. a, c. 
 the Authority of the Same that as well the said Twenty second Sec- afan^lzto 
 tion of the aforesaid Act of the 48th Geo. 3d, ch. 130, as therein and *e in force 
 in this Act recited, as the aforesaid 21st Section thereof hereinbefore 
 recited and as continued and re-enacted as aforesaid in the aforesaid 
 Statute of 1-2 Geo. 4, ch. 76, shall be and they are hereby severally 
 declared to be in force within these Islands. 
 
 II. And whereas it is believed that instances have occurred in Persons 
 which vessels in distress on the coasts of these Islands have suffered empioye'd 
 damage from persons unnecessarily pressing on board thereof ; be it KTfny" 
 further declared that if any person or persons whatsoever, besides J^gtressmay 
 those permitted or empowered by any Master or other chief Officer of be repeued 
 any Vessel in distress or other Officer duly employed for the preserva- ^ °"'°' 
 tion of such Vessel or her Cargo or by any person acting under the 
 authority of such Master or other Officer, in cases where there may 
 
 be any such Master, Officer or Agent shall enter or endeavour to 
 enter on board any such Vessel so in distress as aforesaid, without 
 the leave or consent of the Commander or other Chief officer of the 
 said Vessel or other Officer or Agent as aforesaid, it shall be lawful 
 for such Commander or Chief Officer or other Officer as aforesaid to 
 repel by force any such person or persons as shall without havmg 
 been permitted or empowered as aforesaid, pre^s on board such Vessel 
 so in distress ; or in case any person shall molest such Commander or Penalty on 
 other Chief Officer or Agent or other officer employed for the Service the^sayilg 
 and preservation of such V essel or of the Cargo on board of or belong- °ei or^'o^J'^g 
 ing to such Vessel, or shall endeavour to impede or hinder the Saving ^ distress, 
 of any such vessel or goods, or when such goods are saved shall wil- 
 fully take out or deface the marks of such Goods, such person or per- 
 sons shall pay to the party grieved or to the Master or other Superior 
 Officer of such Vessel in his behalf, or in case there be no such Mas- 
 
420 
 
 BEEMUDA ACTS, 
 
 [1845. 
 
 Justices in 
 a^usting 
 Salvage, 
 may admin- 
 . ister Oatlis. 
 
 And to de- 
 posit copy 
 of proceed- 
 ings in the 
 Court of 
 Quarter 
 Sessions. 
 
 ter or other Officer, then to any person who shall sue for the same, 
 over and above the amount of any damage done, such Sum of money 
 not exceeding Ten pounds together with Costs of Suit as ^hall be 
 awarded by any one or more not exceeding two neighbouring Justices 
 of the Peace— or in default thereof shall by such Justice or Justices 
 be imprisoned in either of the Public Gaols of these Islands, for such 
 length of time not exceeding Twelve Calendar Months, with or with- 
 out hard labour, as shall be fixed by the discretion of such Justice or 
 Justices. 
 
 III. And be it, &c., that the said Justices acting in the adjust- 
 ment of Salvage, under or by virtue of this Act or any Act of Parlia- 
 ment in force in these Islands shall have power and authority when- 
 ever they see occasion to examine the parties or their witnesses on 
 oath, which oath they are hereby authorized to administer, and that 
 they shall make a copy of all their proceedings and of the awards 
 which they shall from time to time make, and deposit the same among 
 the Records of the Court of Quarter Sessions of the Peace of these 
 Islands for the inspection when called for of any Justices authorized 
 and employed in the adjustment of Salvage or any particular case by 
 virtue of this or any Law in force in these Islands relative to the 
 Adjustment of Salvage : — and that copies of such awards "and pro- 
 ceedings shall and may be issued by the Clerk of the Peace to any 
 person or persons desirous of obtaining the same, in the like manner 
 and on the like Fees as copies of any documents from the said Court 
 of Quarter Sessions. 
 
 lY. And be it, &c., that such Justices shall be entitled to de- 
 mand and have as their fees for their Services in adjusting Salvage 
 as aforesaid in every case of Salvage adjusted by them, the Sum of 
 forty Shillings of lawful money of Bermuda, for each and every of the 
 Justices who shall adjust such Salvage as aforesaid, such, sums to be 
 in full of all fees to the Justices and to be paid by the Party or Par- 
 ties against whom they shall be awarded by such Justices. 
 
 Y. And be it, &c., that a Copy of the award of Salvage, or 
 where the award may belong, then a concise abstract of the substance 
 thereof shall be forwarded by the Justices making the same, to be 
 published in one or more of the Newspapers published in these 
 Islands, and the Expense of such publication shall be paid by the 
 parties liable to pay the Justices' fees, as hereinbefore mentioned. 
 
 Not to YI. And be it, &c.,that nothing herein contained shall extend or 
 
 AdSfaity Ise construed to extend to, affect or abridge in any degree the Juris- 
 jurisdiction. dictlou or authority of the Court of Yice Admiralty of these Islands. 
 
 Public Act. VII. And be it, &c., 'that this Act shall be a public Act, and 
 shall be judicially taken notice of as such by all Judges, Justices and 
 others, without being specially pleaded. 
 
 Duration YIII. And be it, &c., that this Act shall be in force for and 
 
 during the term of Pive Years from and after the passing hereof. 
 
 Their fees. 
 
 Copies or 
 Abstracts of 
 Awards to 
 be pub- 
 lished. 
 
 [Continued by Act of 1859, No. 13, to the end of 18*70.] 
 
1845.] BEEMUDAACTS. 421 
 
 1845. No. 12. 
 
 AN ACT for huilding a New Gaol at or near the Town of Saint 
 
 George. 
 
 [22 August, 1845.] 
 
 WHEEEAS it is deemed expedient to build a New Gaol at or near Preamble, 
 the Town of Saint George, on such site as shall he selected and ob- 
 tained for that purpose, by your Majesty's Governor of these Islands, 
 according to a Design for such Building which has been laid before 
 the Council and Assembly by His Excellency the Governor : 
 
 I. We, therefore, &c., and be it enacted, &c., that a Gaol shall be oaoitobe 
 erected and built according to such Design, on such Site at or near the Sge'-f ' 
 Town of Saint George as shall be selected and obtained for that pur- 
 pose by His Excellency the Governor and Commander-in-Chief of 
 these Islands : and that if the land selected for such purpose shall be how the 
 private property, and the Proprietor or Proprietors thereof shall be p^cimsed, 
 willing to sell the same for the purpose aforesaid, at a price which shall paidfor,and 
 be deemed reasonable by the Governor and Council, the same shall be the crown, 
 purchased for the purpose aforesaid, and upon such Proprietor or Pro- 
 prietors making out a satisfactory title to such land, and such Proprie- 
 tor or Proprietors or the person or persons authorized to sell such 
 
 land, receiving the purchase money and executing a Certificate under 
 his, her, or their Hand and Seal, or Hands and Seals, setting forth the 
 quantity and boundaries of the said land, the payment of the purchase 
 money thereof, and that the said land had been sold and surrendered 
 to Her Majesty, Her Heirs and Successors for ever, for the purposes 
 of this Act, the said land shall immediately be and become vested in 
 Her Majesty, Her Heirs and Successors for ever, for the purposes of a 
 Gaol, and to or for no other use, intent or purpose whatsoever — and 
 thenceforth shall be and remain free and clear of and from all Estate 
 or Interest therein of such Proprietors, or of any other person claim- 
 ing by, from, or under them, or any or either of them — and such Cer- 
 tificate shall be recorded in the Secretary's Office, and a Copy of the 
 Record of such certificate shall \>e prima facie evidence thereof — and 
 it shall be lawful for the Public Treasurer to pay to such Proprietor 
 or Proprietors or person or persons authorized to sell the said Land, 
 for the same, out of any unappropriated monies in the Public 
 Treasury, under a "Warrant from the Governor or Officer Administer- 
 ing the Government of these Islands, the amount of the price of the 
 said Land deemed reasonable by the Governor and Council as afore- 
 said. 
 
 II. And be it, &c., that the Honorable Thomas Hall, and Thomas commission- 
 Burch Tucker, Englesbe Seon, Richard Minors Higgs, and William ers for hav- 
 Arthur Outerbridge, Esquires, and the Provost Marshal General, shall ".it. ° 
 
 be Commissioners for the purpose of having the said Gaol, with its 
 necessary enclosures, Walls, Outbuildings and appurtenances; erected, 
 built and completed, and any four of the said Commissioners shall be Quorum. 
 a sufficient number for transacting business ; and in case of a vacancy 
 occurring among the said Commissioners before the completion of the 
 
433 BERMUDA ACTS. [1845. 
 
 vacanciea Said work, by death, resignation or continued absence from these Isl- 
 how filled, ands— if such vacancy shall occur during the Session of the Legisla- 
 ture, and shall be made by a Member of Council, it shall be supplied 
 by the Legislative Council appointing one of their Members^ to fill 
 the same, or if it shall be made by a Member of the Assembly^ it shall 
 be supplied by the House of Assembly appointing one of their Mem- 
 bers to fill the same :— and if such vacancy shall occur during a pro- 
 rogation or dissolution of the Legislature — it shall be supplied by the 
 Governor or Officer administering the Government of these Islands, 
 by and with the advice of the Council, appointing some person to fill 
 the same as follows : — (that is to say) if the person making the vacancy 
 shall be a Member of Council, by appointing some Member of Coun- 
 cil thereto — and if the person making the vacancy shall be a Member 
 of the Assembly by appointing some Member of the House of Assem- 
 bly, or in case of a dissolution, some Member of the last House of 
 Assembly thereto. 
 
 To have H. And be it, &c., that it shall be the duty of the said Commis- 
 
 rnTnfa°teri.- sioners to cause the said Work to be done, and the materials for the 
 by S?act ^^^^ *o ^^ supplied by persons who may contract for and undertake 
 th& same respectively. — Promded always, that if it shall appear to the 
 to p™t°'cu- said Commissioners more advisable for any particular parts of the said 
 thew^A °' Work,'or of the materials, not to be executed or purchased by contract, 
 andmateri- ^^jgy g^all represent the same to the Governor and Council, and in 
 such case it shall be lawful for the said Commissioners to cause such 
 parts of the said work and materials as it shall appear to the Governor 
 and Council not advisable to have executed or purchased by contract, 
 to be executed and purchased either by hiring and employing Over- 
 seers, Workmen and Labourers for executing such work — and by pu;r- 
 ehasing such materials by private Sale, or by such other ways and 
 „ . means as shall be approved by the Governor and Council. — Provided 
 
 Proviso, as -iiinn^-'- . nK (* j» 
 
 to contracts also, that they shall not enter into any Contract lor any sum exceedmg 
 lioo!^ °^ One Hundred Pounds, unless with the approbation of the Governor 
 Proviso. ^°d Council first had and obtained. Provided also, that no contract 
 t'°b°°°'k'en s^^ll b® taken under this Act by the said Commissioners unless after 
 unless after Public ISToticG givcn. Calling for Tenders for the same. And that in 
 ttcefand"' cvcry Contract taken under tibis Act, the Contractors shall give security 
 St'sSe- ^°^ *^® *^^® performance thereof, by Bond to Her Majesty in an adequate 
 ties. amount, with two or more sufficient Sureties, to be approved by the 
 
 Governor and Council in all cases where the Contract shall exceed One 
 
 Hundred Pounds. 
 
 commisBion- IT. And bc it, &c., that the said Commissioners shall keep a 
 Minute^sT Book whereiu shall be entered Minutes of their proceedings, and shall 
 proceedings also kccp auothcr Book wherein shall be entered an exact, full, just 
 Amounts". ° and particular account of all receipts and payments made by them for 
 the purposes of this Act — which Books shall be open to the inspection 
 of either Branch of the Legislature when called for. 
 
 Ga^oTshau ^- . ^^*^ ^^ ^''^ ^'^■i ^^^^ ^^ ^^on as the said Gaol shall be built 
 
 be finished and finished ready for the reception of Prisoners, and for the other 
 ers"?com-" purposes of a Gaol, it shall be the duty of tlie said Commissioners to 
 thafto Gov- -communicate the same to the Governor or Officer administering the 
 ernor, Govemment of these Islands, and it shall be lawful for the Governor 
 
1845.] BERMUDA ACTS. 423 
 
 or Officer administering the Government of these Islands to issue a 
 Proclamation declaring the said Gaol to be ready for the reception of ^^°°J™;.^of 
 Prisoners and for the other purposes of a Gaol — and thereupon it shall 
 be lawful for the Chief Justice of the Court of General Assize, or if he 
 be absent from these Islands, or the office be then vacant, for the 
 Senior or any other Assistant Justice of the said Court, by any "War- 
 rant under his hand and seal to authorize the Provost Marshal General 
 to remove into such New Gaol any Prisoners then imprisoned in the 
 present Gaol in the Town of Saint George ; and after the issuing of br^pe^^ed* 
 such Proclamation, the said Gaol, together with the yards attached to'o the New 
 thereto, shall be deemed and held to Tae a legal Gaol, in all respects, is to bl "^ 
 and in like manner as either of the two public Gaols now existing in Le™i°Ga*oi. 
 these Islands, and the yards attached thereto ; and any person who 
 shall from time to time be liable to be imprisoned may be committed 
 to, or detained at the said Gaol, in like manner as such person might 
 lawfully be committed to, or detained at the Public Gaol now in the 
 Town of Saint George, or that now in the Town of Hamilton. 
 
 VI. And be it, &c., that when the said New Gaol shall be com- Design and 
 pleted, the Design for the same hereinbefore mentioned and the deposite°a in 
 Books relating to the Building thereof shall be deposited in the Secre- ^meT''^'^ 
 tary's Office. 
 
 YII. And whereas the present Gaol in the Town of Saint George PresentGaoi 
 was built at the expense of the Colony under an Act of the Legislature fMd*atst. 
 passed in the year One thousand seven hundred and fifty-five, be it brd^'osed 
 further enacted, that when the Gaol contemplated by this Act shall be of asshaii 
 built, and the Prisoners removed into the same, the present Gaol in the ized by Leg- 
 Town of Saint George, and the Lot of land whereupon the same is fsee'Act of 
 built, with all the appurtenances thereof, shall be disposed of in such 1^52. ^o. 
 manner as shall be authorized by any Act of the Legislature of these 
 Islands to be passed for that purpose. 
 
 YIII. And be it, &c., that there be paid by the Public Treasurer ^wm to be 
 from time to time out of any unappropriated monies in the Public Sfe'pubiio' 
 Treasury, to the order of the said Commissioners, or of any four of commence''' 
 them, under Warrant from the Governor or Officer administering the ana oarry 
 Government of these Islands, any sum or sums of money, not exceed- "^ 
 ing One thousand pounds in the whole, to enable them' to commence 
 and carry on the said work. 
 
 1845. No. 15. 
 
 AN ACT to establish the Practice to he observed by Drivers and 
 Riders on the meeting and passing of Carts and other Carriages, 
 a/nd of Horses and other Beasts of draught. 
 
 [15 September, 1845.] 
 
 "WHEEEAS the practice has generally obtained in these Islands Preamwe. 
 of the Driver of any Cart or other Carriage, and also of the Eider of 
 any horse, mule or other beast of burthen or draft, on meeting and 
 
424 
 
 BERMUDA ACTS. 
 
 [1846. 
 
 passing the Driver of any other Cart or Carriage or the rider of any 
 other horse, mule, or other beast of draught or burthen, of keeping 
 on the near or left side of the Eoad in passing, so_ as for every such 
 Driver or Eider passing a person driving or riding in an opposite 
 direction to have his right or whip hand next to the right or whip 
 hand of such opposite Driver or rider. — And whereas it is deemed 
 expedient to legalize such practice as the only practice proper to be 
 observed at all times in future : 
 
 i>gp°r°driT-' I- We, therefore, &c., and be it enacted, &c., that the aforesaid 
 rif e° to"^" recited practice be, and the same is hereby enacted and declared to be 
 keep on the the Only legal and binding practice: and the same is hereby required 
 the riad°hi to bc obscrvcd as such within these Islands at all times from and after 
 passmgoth- ^^Q passing of this Act. 
 
 falning^daml H- ■^^♦^ ^^ i^, &c., that if at any time after the passing of this Act 
 age by the anv pcrsou shall sustain any damage or iniury to his property or per- 
 anceof that SOU by reasou 01 the non-observance oi the aioresaid practice by any 
 coyer°com- othcr pcrson, such person so sustaining such damage or injury shall 
 pensation. \^q entitled to a compensation in damages to be recovered from the 
 person by whom such damage or injury was done or occasioned, be- 
 fore a Justice or Justices of the Peace under and by virtue of the 
 Act intituled " An Act impowering the Justices of the Peace to hear 
 and determine any debt or difference not exceeding the value of Forty 
 Shillings," if the amount of such damage or injury do not exceed the 
 Value of Forty Shillings of former current money of these Islands., or 
 Twenty-four Shillings of the present lawful money of these Islands, or 
 by award of a Jury in case of such damage or injury exceeding the 
 aforesaid value of Twenty-four Shillings aforesaid. 
 
 1846. No. 2. 
 
 AN ACT to prevent persons engaged in the Civil Departments of 
 Her MoQesty's Na/oal or Military Service at Bermuda quitting 
 their employment in time of danger of invasion. 
 
 [10 July, 1846.] 
 
 Preamble. 
 
 Persons en- 
 tering the 
 CivU Depart- 
 ment of H. 
 M. Naval 
 or Military 
 Service at 
 Bermuda, 
 under agree- 
 ment, to be 
 trained to 
 
 WHEEEAS it is expedient that all Artizans, Tradesmen, Boat- 
 men and other persons accepting employment in the Civil Depart- 
 ments of Her Majesty's Naval or Military Service at Bermuda, should 
 be trained to the use of Cannon and Small Arms in order that they 
 may assist in the Defence of the Dock Yard and other Posts : — and 
 it would be highly detrimental if such persons should be at liberty to 
 quit their employment in Her Majesty's Service at a moment of im- 
 pending danger or invasion from foreign Enemies : 
 
 I. We, therefore, &c., and be it enacted, &c., that no person 
 who has already entered, or shall hereafter enter, or shall be employed 
 in any of the Civil Departments of Her Majesty's Naval or Military 
 Service at Bermuda and who shall have signed an agreement in writ- 
 ing to be trained to the use of Arms, and to assist in the defence of 
 these Islands—or of the Dock Yard, or any other Post of Defence in 
 these Islands — shall be at liberty to quit or absent himself from such 
 
1846.] BERMUDAACTS. 425 
 
 employment during the time of impending danger or Invasion : — q^TiiTume 
 unless such person shall have given notice to the superior Officer at ?' danger or 
 the head of such Department in Bermuda, of his intention to quit without no- 
 such employment for such a period of time previous to quitting or *'"' 
 absenting himself therefrom as shall be expressed in such agreement ; 
 or in case no specific period of notice to quit shall be expressed in any ^ 
 
 such agreement, then, unless such person shall have given notice to 
 the superior Officer at the head of such Department in Bermuda — 
 One Calendar Month previous to quitting or absenting himself from 
 such employment — and every person guilty of any such oifence shall, 
 upon conviction thereof before any Justice of the Peace in these penaity. 
 Islands, forfeit and pay a sum of not less than twenty shillings, and 
 not more than Ten Pounds of lawful money of Bermuda together 
 with costs of prosecution ; and if the amount of any such fine together 
 with the costs shall not be paid either immediately after such convic- 
 tion, or within such period as the Justice at the time of the conviction 
 shall appoint, it shall be lawful for such Justice to commit the offen- 
 der to Gaol there to be imprisoned for any term not exceeding three 
 Calendar Months unless such fine and costs be sooner paid. 
 
 II. And be it, &c., that if any person who has already entered, ^^Fj^?^!^" 
 or shall hereafter enter, or shall be employed as aforesaid, under any without 
 such agreement as aforesaid, shall quit or absent himself from his said tice^may"be 
 employment, during a time of impending danger or invasion, without apprehend- 
 leave in writing from his superior officer, or without having given 
 
 such notice as aforesaid, it shall be lawful for any Justice of the 
 Peace in these Islands, upon satisfactory proof of the facts, to cause 
 such person to be apprehended and conveyed back to the place of his 
 employment as aforesaid ; — there to be kept and employed under his 
 superior officers, in such way as shall be in conformity with the 
 agreement signed by him as aforesaid ; and that, whether the pen- 
 alty hereinbefore mentioned shall, or shall not be sued for or enforced. 
 
 III. And in order to define what shall be deemed a time of im- |^|n°^ 
 pending danger or Invasion under this Act — be it enacted that any danger or 
 time during actual War between Her Majesty and any ITation or Aned. 
 State in Europe or America — and likewise any time from and after 
 
 any Proclamation shall have been issued by the Governor or Officer 
 administering the Government of these Islands (by and with the 
 advice and consent of theCCouncil) — declaring this Act to be in full 
 force and operation — and until the effect of such Proclamation shall 
 be revoked or suspended by some other Proclamation to be issued by 
 the Governor or officer administering the Government of these Islands; 
 shall be deemed and taken to be a time of impending danger under 
 this Act. 
 
 IV. And be it, &c.,xhat all fines and forfeitures under this Act Fineahow 
 shall be to Her Majesty, Her Heirs and Successors — for and towards ated. 
 the support of the Government of these Islands — to be disposed of in 
 
 such manner as shall be authorized by the Legislature. 
 
 Y. And be it, &c., that this Act shall be and continue in force for Duration, 
 two years from the passing thereof and to the end of the next Session 
 of the Legislature thereafter, and then to determine and expire. 
 
 [Continued indefinitely by Act of 1857, No. 11.} 
 54 
 
426 BERMUDAACTS. [1846. 
 
 1846. No. 3. 
 
 AN ACT to establish an Hospital for the reception of Insane Paupers. 
 
 [10 July, 1846.] 
 
 "WHEEEAS it is expedient to provide some Hospital or suitable 
 Preamble. ^\^qq gf j-eceptioii, upon a small and moderate scale, for the accommo- 
 dation and treatment of insane Paupers : 
 
 I. We, your Majesty's most dutiful and loyal subjects, the Geu- 
 seiJoTami*'' eral Assembly of these Your Majesty's Bermuda or Somers' Islands, 
 PMchase*f do most bumbly beseech your Majesty that it may be enacted, and be 
 iand~ind i* cuactcd by your Majesty's Governor, Council, and Assembly, and 
 buUdings, it is hereby enacted and ordained by the authority of the same, that 
 for^ns^ne"' it shall be lawful for His Excellency the Governor or.Officer adminis- 
 Paupers. tei'ing the Government of these Islands for the time being, to treat 
 with any person or persons for the purchase of any Tract or parcel of 
 land, either with or without Buildings thereon, situate in either of the 
 three central parishes in these Islands — (that is to say) in either of the 
 Parishes of Paget, Pembroke, or Devonshire — which he may select 
 and deem to be an eligible site for an Hospital or place of reception, 
 upon a small and moderate scale, for the accommodation and treat- 
 ment of insane Paupers : and if the Proprietor or Proprietors of such 
 selected land, or land with buildings thereon, shall be willing to sell 
 the same, for the purpose aforesaid, at a price which shall be deemed 
 reasonable by the Governor and Council, the same shall be purchased 
 for the purpose aforesaid : and upon such Proprietor or Proprietors, 
 or the persons authorized to sell such land or land and buildings, 
 making out a satisfactory title to the same, and receiving the purchase 
 money, and executing a Certificate under his, her, or their Hand and 
 Seal, or hands and Seals, setting forth the quantity and boundaries of 
 the said land, the payment of the purchase money thereof; and that 
 such land, or land and buildings had been sold or surrendered to Her 
 Majesty, Her Heirs and Successors for ever, for the purposes of this Act : 
 the said land, or land and buildings, with the appurtenances, shall imme- 
 tathl Crown diately be and become vested in Her Majesty, Her Heirs, and Succes- 
 for that pur- gors for ovcr, for the purposes of this Act, and to or for no other use, 
 ''°'*' intent, or purpose whatsoever : and thenceforth shall be and remain 
 
 free and clear of and from all Estate or Interest therein of such pro- 
 prietors, or of any other person claiming by, from, or under them, or 
 any or either of them : and such Certificate shall be recorded in the 
 Secretary's Office, and a Copy of the Eecord of such Certificate shall 
 he prima facie evidence thereof: and the Wife of any such proprietor 
 as aforesaid shall not afterwards be entitled to claim any Dower in 
 such lands and tenements : and if any such proprietor shall happen to 
 be a married woman, immediately upon the execution of such certifi- 
 cate by her and her husband, the said lands and tenements shall be 
 vested in Her Majesty as aforesaid, without any further acknowledg- 
 ment of such Certificate by such married woman : and upon the exe- 
 cution of such Certificate, the Public Treasurer is hereby authorized 
 f^orrafo* ^^^ required to pay to such Proprietor or Proprietors as aforesaid, or 
 theTreas- persou Or persons authorized to sell the said land, or land and build- 
 
 ury. 
 
1846.] BERMUDA ACTS. 427 
 
 ings, for tlie same, but of any unappropriated monies in the Public 
 Treasury, under a Warrant from the Governor or Officer administering 
 the Government of these Islands, the amount of the price of the said 
 land, or land and buildings thereon, deemed reasonable by the Gov- 
 ernor and Council as aforesaid. 
 
 II. Provided always, and be it further enacted, that if the land so Limitation ' 
 taken for the purposes of this Act, shall have any buildings thereon bepaTdfor 
 suitable for the purposes of this Act, the price to be paid for the same JaSd'a°nd 
 as aforesaid shall not exceed the Sum of Four hundred Pounds. But buildings— 
 if the land so taken for the purposes of this Act shall not have any qSent"add'i- 
 buildings thereon suitable for the purposes of this Act, then and in B™idings^° 
 that case, the price to be paid for the same as aforesaid shall not ex- 
 ceed the Sum of Two hundred Pounds. And whereas in case the land 
 so to be purchased as aforesaid shall not have any buildings thereon, it 
 will be necessary to erect buildings thereon suitable for the purposes 
 of this Act : or, in case the land should have buildings thereon, it may 
 be necessary to make alterations, repairs and additions thereto, to ren- 
 der the same suitable for the purposes of this Act : Be it further 
 enacted, that it shall be lawful for the Governor or Officer admin- 
 istering the Government, to cause to be erected and built or fitted 
 up, on such land to be purchased as aforesaid, eight rooms of mode- 
 rate dimensions, each suitable for the accomrtft)dation of one insane 
 person, and such other apartments, buildings, and conveniences as 
 shall be requisite and proper for the accommodation of the Keepers 
 and Matron of such Hospital, and of the insane persons, and for the 
 general purposes of such Hospital : provided always, that the expense 
 of such buildings and conveniences, (including the price of the land, 
 or land and buildings thereon, to be purchased as aforesaid) do not 
 exceed the Sum of Eight hundred Pounds in the whole. And it shall 
 be lawful for the Public Treasurer, in addition to the Sum paid 
 for such land, or land and buildings thereon, to be purchased as afore- 
 said, also to pay for the purposes of this Act, out of any unappropri- 
 ated monies in the Public Treasury, to such person or persons as shall 
 be authorized to receive the same by "Warrant from the Governor or 
 Officer administering the Government, such further Sum or Sums of 
 money, as together with the Sum so paid for the said land, or land 
 and buildings thereon, to be purchased as aforesaid, will not exceed 
 the said Sum of Eight Hundred Pounds in the whole. 
 
 1846. No. 4. 
 
 AN" ACT relating to Post Offices. 
 
 [16 July, 1846.] 
 
 WHEEEAS the Act intituled " An Act relating to Post Offices," Preamble, 
 was passed in the year one thousand eight hundred and forty-two for 
 a limited period, and was renewed and amended by an Act passed in 
 the year one thousand eight hundred and forty-four, and the said Acts 
 are about to expire ; and whereas it is expedient to make other enact- 
 ments for the regulation of Post Offices in these Islands : — 
 
428 BERMUDA ACTS. [1846, 
 
 I. We, therefore, &c., and be it enacted, &c., that 
 
 [This Section repealed by Act of 1859, No. IS, § 4.] 
 
 Poit Offices. II. And be it enacted, that each of the said Post Masters and As- 
 sistant Post Masters shall provide and keep a suitable office, those for 
 Hamilton and Saint George's situate in convenient places within the 
 respective Towns for which they shall respectively be appointed (or in 
 case of the Post Master of Hamilton within fifty feet of the First or 
 Second Street of the Town of Hamilton) and the Assistant Pos't Master 
 for Mangi-ove Bay, near the Main Koad, at or near Mangrove Bay. 
 And shall affix over the door of their respective offices, a sign marked 
 in capital letters " POST OFFICE," — and shall keep open and attend 
 the said offices respectively for the receipt, delivery and transmission 
 Office Hours, of Icttcrs from eight o'clock in the forenoon until four o'clock in the 
 Houdays- afternoon on every day except Sunday, Christmas Day, Good Friday, 
 Svai °&o ^^^ *^® ^^y °^ celebrating Her Majesty's Birthday, on which days, 
 of Mails or'' nevertheless, and also at any other hours than those hereinbefore ap- 
 pos""^ pointed, or on any other day or days, the said offices shall be open for 
 the! receipt, delivery and transmission of letters whenever the arrival 
 or departure of the English, North American or "West Indian Mails or 
 the Inland Evening Post shall render the same necessary. 
 
 Receiving III. And be it enacted, that there shall be Keceiving Houses or 
 
 (I'ef Ait of Offices to be appointed by the Post Masters under this Act (with the 
 
 for addition- sauction of the Governor) for Inland letters to be forwarded to Hamil- 
 
 ai Receiving ton, to Saint Georgc's or to Mangrove Bay by the Post as hereinafter 
 
 ouses.) mentioned, which Receiving Houses shall be situate at convenient 
 
 places near the Main Boad at each of the following places — that is to 
 
 say — at or near Somerset Bridge — at or near the "Western part oi 
 
 Southampton Parish — ^at or near Hunt's Bay in Southampton Parish — 
 
 at or near Kiddle's Bay in "Warwick Parish — at the Flatts Village — 
 
 and at or near Bailie's Bay in Hamilton Parish. 
 
 Post Master lY. And be it enacted, that if any person to be appointed Post 
 George's to Master for the said Town of Saint George by virtue of this Act, shall 
 S'from'" not also bo the Deputy or Agent of Her Majesty's Post Master General, 
 uSilr &en- ^* ^^^^^ be lawful for such Post Master for the said Town of Saint 
 erai. Gcorge, from time to time, and he is hereby required to apply for, de- 
 
 (SeenoteA.) ^^^^^ g^j^^j reccive from the Deputy Post Master General at the said 
 Town of Saint George, and it shall be the duty of the Deputy Post 
 Master General to deliver to the said Post Master for Saint George all 
 Packet and Ship Letters, parcels and newspapers received at his Office 
 and not previously delivered to the parties to whom the same may be 
 directed, which shall be addressed to any person or persons at the 
 Westward of the Public Ferry (unless the Deputy Post Master Gene- 
 ral shall be instructed to the contrary by any such person or persons) 
 and except Packet and Ship Letters, parcels and newspapers addressed 
 of" osiT'e™' ^^ persons on Ireland Island. Provided that all Sea or Packet Postage 
 due or payable on such letters, parcels and newspapers, or any of 
 them, be paid to the Deputy Post Master General upon the delivery 
 thereof as aforesaid, and all such letters, parcels and newspapers so 
 received from the Deputy Post Master General shall be immediately 
 forwarded by such Post Master acting or to be appointed under this 
 
1846.] BERMUDA ACTS. 429 
 
 Act for St. George's, to the Post Master at Hamilton iu the manner 
 hereinafter mentioned for delivery there. 
 
 V. And be it enacted, that it shall be the duty of the Post Master Tranamis- 
 at the Town of St. George to forward without delay and in the man- a. Geo°r"e's 
 ner hereinafter mentioned to the office of the Post Master at Hamilton, *° namuton. 
 all letters, parcels and newspapers received at his office and deliverable 
 by virtue of this Act, directed to any person or persons at the "West- 
 ward of the Public Ferry, except Inland letters and papers addressed 
 to persons at Somerset Island and Ireland Island, and except Packet 
 and Ship letters, and newspapers addressed to persons on Ireland 
 Island (unless the said Post Master at St. George's be instructed to the 
 contrary by any such person or persons) audit shall be the duty of the And from 
 Post Master for the Town of Hamilton to forward without delay and st George's? 
 in like manner to the Office of the Post Master for the Town of St. 
 George all letters, parcels and newspapers received at his Office and 
 deliverable by virtue of this Act, directed to any person or persons at 
 the Eastward of the said Public Ferry, unless the Post Master for 
 Hamilton be instructed to the contrary by any such person or 
 persons. 
 
 VI. And be it enacted, that it shall be the duty of the Post Mas- sealed letter 
 ter of St. George's to forward by the Daily Post in two separate Manyove 
 Sealed Mails or Letter Bags for delivery at the Post Office at Hamil- f^^^^^*^^ 
 ton, and to be thence transmitted to the Post Offices at Mangrove island, to be 
 Bay and Ireland Island respectively, all inland letters and papers, trHamiiton. 
 which at the time of dispatching such Post shall be in the Post Office 
 at St. George addressed to any person or persons at any place between 
 Mangrove Bay and Somerset Bridge, or upon Ireland Island respect- 
 ively (unless the said Post Master at St. George shall be instructed to 
 the contrary by any such person or persons) and the Post Master at j^^^ j^^^^^ 
 Hamilton shall forward such Sealed Mails or Letter Bags to the Post transmitted. 
 Offices at Mangrove Bay, and Ireland Island respectively by the first 
 daily Posts which shall go from Hamilton for Mangrove Bay and Ire- 
 land Island respectively, after the arrival thereof at Hamilton. And j^^^^^^^^^^ 
 the Post Master at Hamilton shall also forward to the Post Office at Bags from 
 St. George's, every Sealed Mail or letter Bag received by him by the Bay Si°™ 
 daily Post from Mangrove Bay or Ireland Island, and intended for igfand*to be 
 delivery at St. George's by the first daily Post which shall go from forwardedto 
 Hamilton for St. George's, after the arrival thereof at Hamilton. ' ' ^""^^^ ^' 
 
 YII. And be it enacted, that it shall be the duty of the Post Mas- DeUvery of 
 ter at Hamilton to deliver all Packet and Ship Letters and papers Postomce 
 received by him or at his Office addressed to any person or persons at ^pj^^ p^y™' 
 the Westward of the Ferry upon the application of any such person ^^^^"1 
 or persons or his Agent in that behalf, and upon payment in all cases ^°^ *^'' 
 of all Sea or Packet Postage due thereon — and for all Sea or Packet Postage to 
 Postage the Post Master at Hamilton shall be accountable to the ^^p*'"* ,. 
 Deputy of the Post Master General at the end of every month ; and ly to Deputy 
 if the same or any part thereof shall be in arrear for the Space of five oZieriu " 
 days, the Deputy Post Master General may sue for and recover all nemedy.if 
 such Postage, so due and in arrear as Debts not exceeding Three in arrear. 
 pounds are by Law made recoverable. 
 
430 
 
 BERMUDA ACTS, 
 
 [1846. 
 
 Duty of Post- 
 Masters, and 
 Assistant 
 Post-Masters 
 as to deliv- 
 ery of let- 
 ters. 
 
 Deuvery of VIII. Ai^d be it enacted, that it shall he the duty of the Post 
 postoffice, Master at the said Town of St. George, to deliver all letters and* pa- 
 st. George's, pers received by him or at his Office, addressed to any person or per- - 
 sons at the Eastward of the Ferry, upon application of any such per- 
 son or persons or his Agent in that behalf, and upon payment in all 
 cases of the Postage (if any) due thereon. 
 
 IX. And be it enacted, that the Post Masters, and Assistant Post 
 Masters aforesaid, with whom or in whose Offices respectively, any 
 Letters or papers received at the said Offices, and not required to be 
 transmitted under this Act, shall at any time be, or remain, shall 
 (from time to time) upon application at their respective Offices, de- 
 liver to the person or persons to whom the same shall respectively be 
 addressed, or to his or their agent in that behalf, all such Letters or 
 papers, upon payment of the Postage (if any) due thereon, but with- 
 out any charge for Inland Postage thereon. 
 
 X. And whereas the number of Mails arriving at these Islands by 
 Packets and Steamships is greatly increased within the last few years, 
 and it is desirable to expedite the transmission thereof — be it enacted, 
 that it shall be lawful for the Post Masters respectively, acting or to 
 be appointed under this Act, and they are hereby required from time 
 to time, as occasion may require, to contract and agree with 
 some fit person or persons residing at or near the Town of Hamilton 
 and the Town of Saint George respectively, and to be approved of by 
 the Governor or Commander in Chief, for the conveyance of all Mails 
 arriving in, or to be forwarded by any of Her Majjesty's Packets, or 
 the Steam Ships of the Eoyal Mail Steam Packet Company, between 
 the Post Offices at Saint George's and Hamilton respectively, by 
 Horse and Chaise or Mail Cart, at the.Public expense, to be provided 
 for as hereinafter mentioned ; and the said Post Masters shall, on or 
 before the twenty-third day of July in this present Year, give public 
 notice by Advertisement in one or more of the Newspapers published 
 in these Islands, that tenders will be received by them respectively 
 for conveying the said Mails for twelve calendar months certain, to 
 commence on the first day of August next ensuing ; and the lowest 
 tender (if otherwise approved by the Governor and Commander in 
 Chief,) shall be accepted and the said Post Masters respectively, shall 
 on every occasion of making or renewing any contract under this Act, 
 give previous notice thereof, and advertise for Tenders for the same in 
 one or more of the E"ewspapers published in these Islands ; and it 
 shall be lawful for the said Post Masters respectively to make sepa- 
 rate contracts for the carriage of the said Mails from St. George's to 
 Hamilton, and from Hamilton to St. George's ; and if such contract 
 should not be taken by the same person, the Contractor for conveying 
 the Mails from St. George's to Hamilton shall reside at or near the 
 Town of St. George, and the Contractor for carrying the Mails from 
 Hamilton to St. George's shall reside at or near the Town of Hamil- 
 ton ; and such Contractor or Contractors shall give security by Bond 
 to the Queen, with two sufficient sureties, in the penal sum of one 
 hundred pounds for the due performance of the Contract, and shall 
 be bound to deliver the Mails at the Post Offices at Hamilton and St. 
 George's respectively on each occasion of conveying the same within 
 two hours from the time the same were dispatched, and shall on the 
 
 Contract for 
 inland Con- 
 veyance 
 of Mails. 
 
 Post-Masters 
 to contract 
 for the same, 
 subject to 
 approval of 
 the Govern- 
 or. 
 
 (Or other- 
 wise, See 
 1859, No. 15, 
 section 21.) 
 
 Mode of 
 Convey- 
 ance. 
 
 Psot-Masters 
 to advertise 
 for Tenders, 
 £c. 
 
 (Orforl,2, 
 or 8 years, 
 by 1859, No. 
 15, 1 22.) 
 
 Separate 
 Contracts 
 for carrioge 
 of MaiJsfrom 
 St. George's 
 to Hamilton, 
 and mc6 
 versa. 
 
 Contractor 
 to give 
 security. 
 
 Time of de- 
 livery. 
 
1846.] BERMUDA ACTS. 431 
 
 arrival and departure of every such Mail, call on the way from and to carrier to 
 the said Post Offices respectively, at the Government House at Mount Goveliinent 
 Langton to deliver or receive the Government Despatches, and all '^°""'- 
 Letters or papers of His Excellency the Governor or Commander in 
 Chief, unless the transmission thereof shall he otherwise ordered by 
 the Governor or Commander in Chief. Provided always, that the Proviso-as 
 expense to be incurred for the- carrying of the said Mails shall not '">«''p«™«- 
 exceed the sum of Twelve shillings and six pence on each occasion of 
 the arrival or departure of the said Packets and Steam Ships. Pro- Proviso. 
 vided also, that ho Post Master to be appointed under this Act, shall noft'f be'in- 
 directly or indirectly participate or be interested in any contract for co"trMt^ 
 the conveyance of the Mails, or of the Daily Post, as hereinafter 
 mentioned. 
 
 XI. And be it enacted, that a Daily Post shall be despatched Daily Post 
 between Hamilton and St. George's as follows — (that is to say) HaS™n 
 the Post Master at Hamilton shall despatch a Post to Saint George's and st.^ 
 on every day (except Sunday, Christmas Day, Good Friday, and alivtee 
 the day appointed for the celebration of Her Majesty's Birth- '"^'"" 
 Day,) by Horse and Chaise or Mail Cart, (to be provided by con- ^n.'days™' 
 tract as hereinafter mentioned,) as follows — (that is to say) on '^\^^^_ 
 every Monday, "Wednesday and Friday at the hour of nine o'clock me- 
 precisely in the forenoon ; and on every Tuesday, Thursday and 
 Saturday, from the first day of April to the thirtieth day of Sep- 
 tember, (both days inclusive) ^t the hour of Four o'clock, and from 
 the First day of October to the Thirty-first day of March, (both days 
 inclusive) at the hour of Three o'clock precisely in the afternoon, and 
 shall forward by such Daily Post in a sealed Mail or Letter Bag for 
 delivery at the Post Office at St. George's, all Sea and Liland letters 
 and papers which at the time of despatching such Post shall be in the 
 Post Office at Hamilton addressed to any person or persons at the 
 Eastward of the Public Ferry (unless the said Post Master be instruct- 
 ed to the contrary by any such person or persons : And the Post Master 
 at St. George's shall also despatch a Daily Post to Hamilton, to be From st. 
 forwarded by Horse and Chaise or Mail Cart (to be provided by Con- 'llyl^^ii 
 tract as hereinafter mentioned) as follows (that is to say) on every ^°°" °', 
 Monday, Wednesday, and Friday, from the First day of April to the °^*' '"°' 
 Thirtieth day of September, at the hour of Four o'clock, and from the 
 First day of October to the thirty-first day of March, at the hour of 
 Three o'clock precisely in the afternoon, and on every Tuesday, Thurs- 
 day, and Saturday, at the hour of nine o'clock precisely in the fore- (And on 
 noon, and shall forward by such Daily Post, in a sealed Mail or Letter by issgf no. 
 Bag, for delivery at the Post Office at Hamilton, all Sea and Inland ^^'S^^- 
 letters and papers, which at the time of despatching such Post shall 
 be in the Post Office at St. George's addressed to any person or persons 
 at the Westward of the Public Ferry (unless the said Post Master shall 
 be instructed to the contrary by any such person or persons) and such 
 Contractor or Contractors for the carriage of such Letters and papers 
 by the Daily Post shall be bound to deliver the same alternately, at Time aiiow- 
 the Post Offices at St. George's and Hamilton within two hours and uve^y.'^'' 
 a half from the time such Post was despatched from the Post Offices 
 at St. Georges and Hamilton respectively, together with any Letter 
 or parcel of letters which shall be delivered to him or them respect- 
 ively at either of the Eeceiving Houses at Bailie's Bay or the Flatts, 
 
432 
 
 BERMUDA ACTS, 
 
 [1846. 
 
 at which he or they shall be bound to call on the way to and from St. 
 George's, but shall on no account receive any letter or parcel on the 
 road to or from St. George's, and no Contractor for the Daily Post 
 either between Hamilton and St. George's or between Hamilton and 
 Mangrove Bay is to be allowed, on each occasion of conveying the 
 Mails, to carry more than four persons (including the Driver) in any 
 Chaise or Mail Cart drawn by only one Horse, or more than eight 
 persons (including the Driver) in any other Chaise or Mail Cart drawn 
 by only two horses. Provided also, that no such Contractor shall be 
 allowed on each occasion of conveying the Mails therein mentioned to 
 carry more persons in any Chaise or Mail Cart^than shall be mentioned 
 in some Ticket to be affixed on a conspicuous part of such Chaise or 
 Mail Cart : and it shall be the duty of the Post Masters to inspect 
 Every Chaise or Mail Cart before the same shall be employed under 
 any of the Contracts contemplated by this Act — and to ascertain that 
 the same is substantial and fit for the purposes contemplated by this 
 Act^ — and also to fix the number of persons (including the Driver) 
 which may be carried with safety and convenience in eveiy such 
 Chaise or Mail Cart, and to require every such Contractor to affix and 
 keep affixed, on some conspicuous part of such Chaise or Mail Cart a 
 Ticket, expressing such number — and the Passengers by any such 
 Mail Qart between Hamilton and St. George's shall be liable to pay 
 ferriage as foot Passengers ; but the Carrier of the Mails, his horse and 
 chaise (or cart) shall be exempt from all ferriage at the Public Ferry, as 
 hereinafter provided. But it shall be the duty of the Ferry Keeper 
 nevertheless to use all practicable despatch in crossing the Mails and 
 to give a preference to the Mail Cart or Chaise, and those conveying 
 the same, and the person in charge of and passengers in the same, over 
 all other passengers, horses, carts or carriages that may have previously 
 arrived at the Ferry, and not actually embarked at the time of the 
 arrival of any such Mail ; and any person obstructing the crossing of 
 any Mail, or the Mail Cart or Chaise, or horse conveying the same, or 
 person in charge of the same, shall be guilty of a misdemeanour. 
 
 Xn. And be it enacted, that a Daily Post shall be despatched 
 between Hamilton and Mangrove Bay, as follows, (thai? is to say) 
 The Assistant Post Master at Mangrove Bay shall despatch a Daily 
 Post to Hamilton — to be forwarded by Horse and Chaise or Mail 
 Cart (to be provided by contract as hereinafter mentioned) as follows, 
 (that is to say) on every day except Sunday, Christmas Day, Good 
 Friday, and the day appointed for the celebration of Her Majesty's 
 
 Hours. Birth Day — at the hour of nine o'clock precisely in the forenoon, and 
 shall forward by such Daily Post in a Sealed Mail or Letter Bag, for 
 delivery at the Post Office at Hamilton, all inland letters and papers 
 which at the time of despatching such Post shall be in the Post Office 
 at Mangrove Bay addressed to any person or persons at Hamilton, or 
 to any person or persons at the Westward of the Public Ferry and at 
 
 fo'r'tranf^^ the Eastward of Southampton Parish. And the said Assistant Post • 
 Master shall also forward by such Daily Post in another Sealed Mail 
 or Letter Bag for delivery at the Post Office at Hamilton, and to be 
 thence transmitted to the Post Office at Saint George's — all inland 
 letters and papers which at the time of despatching such Post shall 
 be in the Post Office at Mangrove Bay, addressed to any person or 
 
 Carriei* to 
 call at Re- 
 ceiving 
 Houses, but 
 to receive 
 no letter, 
 &c., on tlie 
 road. 
 
 Number of 
 
 passengers 
 allowed. 
 
 Proviso. 
 Not to carry- 
 more pas- 
 sengers than 
 mentioned 
 in Ticlcet. 
 
 Chaises and 
 Mail Carts 
 to be 
 inspected. 
 
 And number 
 of passen- 
 gers fixed. 
 
 Carrier, his 
 horse and 
 chaise, ex- 
 empt from 
 ferriage. 
 
 Despatch at 
 the Ferry. 
 
 Daily Post 
 from Man- 
 grove Bay, 
 to Hamilton, 
 
 mission to 
 St. George's. 
 
1846.] BERMUDA ACTS. 438 
 
 persons at the Eastward of the Public Ferry (unless the said Assistant 
 Post Master shall be instructed to the contrary by any such person or 
 persons), and the Post Master at Hamilton shall despatch a Post to DaUy post 
 Mangrove Bay every day (except Sunday, Christmas Day_, Good Fri- ^rto^M^" 
 day, and the day appointed for the celebration of Her Majesty's Birth grove Bay. 
 Day) by Horse and Chaise or Mail Cart (to be provided by contract 
 as hereinafter mentioned) as follows (that is to say) from the first day 
 of April to the thirtieth day of September both days inclusive, at the 
 hour of Four o'clock, and from the first day of October to the thirty- 
 first day of March both days inclusive, at the hour of Three o'clock Hours. 
 precisely in the afternoon — and shall forward by such Daily Post in a 
 Sealed Mail or Letter Bag for delivery at the Post Office at Mangrove 
 Bay, all inland letters or papers which at the time of despatching 
 such Post shall be in the Post Office at Hamilton addressed to any 
 person or persons at any place between Mangrove Bay and Somerset 
 Bridge (unless the said Post Master shall be instructed to the contrary 
 by any such person or persons) and such Contractor or Contractors for 
 the carriage of such letters and papers by the said Daily Post between 
 Mangrove Bay and Hamilton, shall be bound to deliver the said sealed 
 Mails or Letter Bags alternately at the Post Offices at Mangrove Bay <n^e aiiow- 
 and Hamilton within two hours and a half from the time such Post ^^°^ ^^- 
 was despatched from the Post Offices at Mangrove Bay and Hamilton 
 respectively, together with any letters or parcels of letters which shall 
 be delivered to him or them respectively at either of the Receiving camier 
 Houses at Somerset Bridge, the "West part of Southampton, Hunt's J^^,"*?^^' 
 Bay or Kiddie's Bay, at which he or they shall be bound to call on Houses, but 
 the way to and from Mangrove Bay ; but shall on no account receive ceh-e^etters, 
 any letter or parcel on the Koad to and from Mangrove Bay. *'=^'^°'' *° 
 
 XIH. And be it enacted, that a Daily Post shall be despatched DaUy Post 
 between Hamilton and Ireland Island — as follows (that is to say) — Hamuton 
 the Post Master at Hamilton shall despatch a Daily Post to Ireland j°,"^''{,'""* 
 Island every day (except Sunday, Christmas Day, Good Friday, and Boat. ' 
 the day appointed for the celebration of Her Majesty's Birth Day) by 
 Boat to be provided by Contract as hereinafter mentioned, as follows 
 (that is to say) before Twelve o'clock in the forenoon, and shall for- 
 ward by such daily Post in a Sealed Mail or letter Bag for delivery 
 at the Post 'Office at Ireland Island, all Inland letters and papers 
 which at the time of despatching such Post shall be in the Post Of- 
 fice at Hamilton addressed to any person or persons on Ireland Island 
 (unless such Post Master shall be instructed to the contrary by any 
 such person or persons) and the Assistant Post Master at Ireland 
 Island shall also despatch a Daily Post to Hamilton, to be forwarded 
 by Boat (to be provided by Contract as hereinafter mentioned) as 
 follows (that is to say) on every day except Sunday, Christmas Day, 
 Good Friday, and the day appointed for the celebration of Her Majes- 
 ty's Birth Day — after twelve o'clock in the afternoon — and shall for- 
 ward by such Daily Post in a Sealed Mail or letter Bag for delivery 
 at the Post Office at Hamilton — all inland letters and papers which 
 at the time of despatching such Post shall be in the Post Office at 
 Ireland Island addressed to any person or persons at the Westward of 
 the Public Ferry (unless the said Assistant Post Master shall be in- 
 structed to the contrary by any such person or persons.) And shall 
 
 55 
 
434 BERMUDA ACTS. [1846. 
 
 totansS- forward in another Sealed Mail or letter bag for delivery at the Post 
 siontost. Office, at Hamilton, and thence to be transmitted to the Post Office 
 George's. ^^ g^^ George's, all inland letters and papers which at the time of des- 
 patching such Post shall be in the Post Office at Ireland Island 
 addressed to any person or persons at the Eastward of the Public 
 Ferry (unless the said Assistant Post Master shall be instructed to the 
 CTedwuh'Iii contrary by any such person or persons) — and such Contractor or 
 reasonable Contractors for the carriage of such letters and papers by the said 
 expedition, jjg^-jy p^g^g ]3etween Ireland Island and Hamilton shall be bound to 
 deliver the said sealed Mails or Letter Bags alternately at the Post 
 Offices at L-eland Island and Hamilton with all reasonable expedition 
 consistent with the state of the wind and weather. 
 
 Distribution XIY. And be it enacted, that it shall be the duty of the said Post 
 i°ttera at Masters for Hamilton and St. George's respectively, and of the As- 
 st™eo?ge's, sistant Post Masters for Mangrove 13ay and Ireland Island, respect- 
 B™^nd^ ' ^^^^7' immediately on the arrival of the said Daily Post at their re- 
 ireiand spectivc Officcs, to scud out and deliver all inland letters and papers 
 ^'*"'*' received by such Post, addressed to, or to the care of any person or 
 persons residing or having a place of business within the limits of the 
 Towns of Hamilton and St. George's respectively or upon the Island 
 of Somerset, and within the distance of a quarter of a mile from Man- 
 grove Bay, or upon Ireland Island respectively (and not applied for 
 at the Post Office at which the same shall be received,) and if the 
 person or persons to whom or to whose care such inland letter or let- 
 ters or papers shall be directed cannot readily be found, to leave such 
 Letters or papers at such place of abode or place of business of such 
 person or persons, without any charge of Postage thereon. 
 
 No ferriage XV. And be it enacted, that no Letter Carrier, or person em- 
 by Let^tei* P^oyed in carrying the Mails or Daily Post (in the Service of the Post 
 Carriers, 4c. Office) whilst engaged in such Service shall be liable to pay any fer- 
 riage for passing the Public Ferry at any hour of the day or night, 
 either for himself or for any horse or carriage, when used in Such 
 STeFtr"'' *' Service, but the Ferryman at such Ferry shall forthwith, on demand, 
 convey over any such Letter Carrier or person travelling with a Mail, 
 and the horse or carriage used in such Service, without any payment 
 Penalty. for the Same, on pain of forfeiting for every offence — Three pounds, 
 to be recovered as Debts not exceeding that amount are recoverable 
 to^Ztpeht — Provided that there be paid and allowed to the Keeper of the Pub- 
 Ferry in ueu lie Ferry during the continuance of this Act, and the time the said 
 ernage. jy^g^-jg g^Jall be convcycd as hereinbefore mentioned the annual Sum of 
 Fifteen pounds in quarterly payments, in lieu of all ferriage for the 
 Carriers, horses and Carriages employed by the said Post Offices, to 
 be paid by the Public Treasurer out of any unappropriated Monies in 
 the Public Treasury. 
 
 Contract for XVI. And in order to insure despatch and regularity in the trans- 
 beufefn" mission of Letters by the said Daily Post, be it enacted, that it shall 
 fniit'"' ^® lawful for the Post Masters acting or to be appointed under this 
 George's. Act, for Hamilton and Saint George's respectively, and they are here- 
 by required — (from time to time as occasion may require) to contract 
 and agree with one or more fit person or persons resident at or near 
 the Town of Hamilton or Town of St. George respectively, and to be 
 
Security by- 
 Contractor. 
 
 1846.] BERMUDA ACTS. 435 
 
 approved of by His Excellency the Governor or Commander in Chief, 
 for the daily conveyance of letters, parcels and newspapers between 
 the Post Offices at Hamilton and St. Georges, and vice versa, (except 
 on Sundays, Christmas Day, Good Friday and the Queen's Birth Day) 
 by Horse and Chaise or Mail Cart, and also to contract and agree ^^^ "?; 
 with one or more fit person or persons, to be approved of by His grove Bay 
 Excellency the Governor or Commander in Chief, for the daily con- t^^m^^' 
 veyance of Letters, parcels and newspapers, between the Post Offices 
 at Mangrove Bay and Hamilton, and vice versa — except on Sunday, 
 Christmas Day, Good Friday, and the Queen's Birth Day, by Horse 
 and Chaise or Mail Cart — and the said Post Masters shall, on or be- postMasters 
 fore the twenty-third day of July in this present Year, advertise in J°j*j^^'j"'4 
 one or more of the newspapers published in these Islands, for Tenders 4c. 
 for conveying the said Daily Post by horse and chaise, or Mail Cart, 
 as aforesaid for twelve calendar months certain, commencing on the 
 first day of August next, and the lowest Tender (if otherwise satisfac- ^„^^).°*^°' 
 tory, and approved by the Governor or Commander in. Chief) shall (See i869, 
 be accepted. Provided always, that the Daily expense of the car- ''"•i^-i^^) 
 riage of the said Daily Post between Hamilton and St. George's, shall 
 not exceed the sum of eight shillings, and the daily expense of the Expense. 
 carriage of the said Daily Post between Mangrove Bay and Hamilton no.^is, §8.) 
 shall not exceed six shillings and six pence, and every contractor for 
 the carriage of the said Daily Post shall give security by Bond to the 
 Queen with two sufficient sureties in the penal sum of one hxmdred 
 pounds for the due performance of the said contract, and the faithful 
 delivery at the appointed time, of all Letters, parcels and papers, en- 
 trusted to his care for delivery at either of the said Post Offices, and 
 it shall be the duty of each and every such contractor or carrier of 
 the Daily Post between Hamilton and St. Georges, to call at such of carriero to 
 the Receiving Houses at Bailie's Bay and at the Flatts on his way to ReceUtol 
 and from St. Georges for all letters deposited at such Keceiving S'^jlgg 
 Houses, on which the postage shall have been prepaid, and which No. i5.) ' 
 shall be ready to be forwarded to St. Georges or Hamilton respect- 
 ively, and to deliver the same at the Post Offices at St. Georges and 
 Hamilton respectively, to which they shall be intended to be forward- 
 ed, and it shall be tlie duty of each and every such Contractor or 
 Carrier of the Daily Post between Mangrove Bay and Hamilton, to 
 call at the Receiving Houses at Somerset Bridge — the West part of 
 Southampton — Hunts' Bay — and Eiddle's Bay. 
 
 XYII. And be it enacted, that it shall be lawful for the Post Mas- post-Masters 
 ters acting, or to be appointed under this Act, for Hamilton and St. ^^J°^^^^'^^ 
 Georges respectively, and they are hereby required, (from time to Postbe- 
 time as occasion may require) to contract and agree with one or more Irn^i'iMd 
 fit person or persons to be approved of by His Excellency the Gov- f^^J^*™'' 
 ernor or Commander in Chief for the daily coveyance of letters. Boat. 
 parcels and newspapers between the Post Office at Ireland Island and 
 Hamilton and vice versa (except on Sunday, Christmas Day, Good 
 Friday, and the day appointed for the celebration of Her Majesty's 
 Birth Day), by Boat — and the said Post Masters shall on or before the 
 twenty-third day of July in this present Year advertise in one or more 
 of the newspapers published in these Islands for Tenders for convey- 
 ing the said Daily Post by Boat as aforesaid for Twelve calendar 
 
436 
 
 BERMUDA ACTS. 
 
 [1846. 
 
 Expense. 
 (See 1859, 
 No. 15, §20 
 
 Contractors 
 to be paid 
 quarterly, 
 npon certif- 
 icate from 
 the Poat- 
 Masters. 
 
 months certain, commencing on the first day of August next, and the 
 lowest Tender (if otherwise satisfactory, and approved by the Gov- 
 ernor or Commander in Chief) shall be accepted. Provided always, 
 that the expense of the Carriage of the said Daily Post, between 
 Ireland Island and Hamilton, shall not exceed the sum of Ten Pounds 
 per annum — and any Contractor for the carriage of the said Daily 
 Post shall give security by Bond to the Queen with two sufficient 
 sureties in the penal sum of Fifty Pounds for the performance of 
 the said contract, and the faithful delivery at the appointed time of 
 all letters, parcels and papers entrusted to his care for delivery at 
 either of the said Post Offices. 
 
 XVIII. And be it enacted, that all allowances which shall become 
 due to the Contractor or Contractors for the carriage of the said Mails 
 or Daily Posts, not exceeding the rates hereinbefore mentioned for the 
 same respectively, shall be paid by the Public Treasurer (out of any 
 unappropriated monies in the Public Treasury) by quarterly payments, 
 the first thereof to be made on the first day of JSTovember next, upon 
 the production of a certificate from the said Post Masters that the 
 contract on which any such allowance shall be claimed has been 
 duly performed. 
 
 No inland XIX. And be it enacted, that no Inland Postage shall be charged 
 
 swpMttere, on any Packet or Ship Letters or newspapers arriving at these Islands, 
 fs°ee 1859 whether the same shall be delivered at the Office at which they shall 
 No.i5;§'ii, first have been received, or forwarded to the other Office by the In- 
 ^ land Post, except on making up any Mail at the Post Office in Hamil- 
 
 ton to be forwarded by any of Her Majesty's Packets, or any Steam 
 Ship or Ship of War, in which case the Post Master at Hamilton 
 shall be entitled to the Postage or allowance hereinafter provided. 
 
 XX. And be it enacted, that all Inland Postage under this Act 
 shall be prepaid at the time of posting any Letter or Letters (or any 
 parcel or package to be transmitted by the Post) at either of the said 
 Post Offices or Receiving Houses, at and after the rate of one penny 
 of lawful money of these Islands for each and every Letter not exceed- 
 ing one ounce in weight, and of the further Sum of one penny for 
 every other ounce in weight of any Letter or parcel sent by the Post, 
 not exceeding sixteen ounces in weight, beyond which weight no Let- 
 ter or parcel shall be forwarded by the Post, except Books not exceed- 
 ing the Octavo size, which may be forwarded by the said Daily Post, 
 at one penny per volume, to be paid in advance. 
 
 ri^r's^notTo ^^- -^nd be it cuacted, that no Contractor or person to be 
 receive let^ employed in the carriage of Mails, Letters, or papers under this Act 
 th"'road. °^ sliall) on any account or pretence whatever, take or receive, or allow 
 to_ be conveyed by the Chaise or Mail Cart (on its way between the 
 said Post offices) any Letter or parcel whatsoever, except such as he 
 shall have received from one of the said Post Offices, or from the Gov- 
 ernor or Commander-in-Chief as aforesaid, or from one of the Eeceiv- 
 ing Houses as hereinbefore provided ; and any such Contractor shall 
 for any such breach of duty by himself or any Carrier employed by 
 him in the carriage of the said Mails, Letters or Papers, forfeit the 
 Penalty. sum of Forty Shillings, to be recovered by either Post Master as debts 
 not exceeding three pounds are made recoverable. 
 
 All inland 
 Postage to 
 be prepaid. 
 
 At the rate 
 of Id. per 
 oz- 
 
 Parcels not 
 to exceed 
 16 oz. 
 
 Books at Id. 
 each. 
 
1846.] BERMUDA ACTS. 437 
 
 XXn. And be it enacted, that no charge of Inland Postage on Newspapers, 
 Newspapers shall hereafter be made, but that all Newspapers, shipping from^iknd 
 lists, prices current, and other printed papers on a single sheet, in Fg'l^'iljg 
 covers open at the sides, or not under seal, delivered at any Post Office no. is, §'ii, 
 in these Islands, shall be forwarded and delivered by the respective ^^^'^ 
 Post Masters in the manner hereinbefore mentioned, free from all 
 Inland Postage ; and that for each and every Magazine, Pamphlet, 
 Keview, or parcel of Patterns arriving at tliese Islands by any Ship 
 or Vessel, and passed through the said Post Offices, or any of them, 
 there shall be paid the sum of one Penny of lawful money of these 
 Islands. 
 
 XXIII. And be it enacted, that each of the Post Masters at Ham- f"^*^"^,^'^™ 
 ilton and St. George's do and shall publish, or cause to be published Lists of 
 every week in each of the newspapers published in these islands, a "JJS™*'' 
 list of all letters whatever remaining in their Offices respectively, ^?o\6^®a6:) 
 stating the names of the persons to whom such letters are directed, 
 and that the expense of such publication (if any) shall be borne by the 
 said Post Masters respectively. 
 
 XXIY.' [Repealed and other Salaries allowed by 1859, 'No. 15, 
 §32.] 
 
 XXY. And be it enacted, that the said Post Masters, and Assist- Post-Mas- 
 ant Post Masters be entitled to retain and appropriate to their own Int'p^l™'' 
 use and benefit respectively all inland Postage receivable by them sefmo?'* 
 respectively by virtue of this Act, as a further remuneration for the Receivmg 
 performance of the duties by this Act enjoined, and the persons who retaKte" 
 shall keep the said Keceiving Houses shall retain to their own use lu™niand 
 respectively, all inland postage on Letters there deposited, and which Postages. 
 shall be pre-paid on posting such Letters ; and it shall be the duty of Post-Mas- 
 each of the Post Masters acting or to be appointed under this Act to In A'cconnt 
 keep an account of all monies which he shall receive for Postage under »' P?stagc8 
 
 ii'Ai 1 j_j_T 1 ■ • T ir»T /» received, to 
 
 tins Act, sucn account to be made up m triplicate to the nrst day oi te vermea 
 June in every Year during the continuance of this Act, to be verified Mdlawte- 
 by a Declaration made and subscribed by the said Post Masters le^^ture. 
 respectively before the Public Treasurer of these Islands or his lawful 
 Deputy : one copy of such account to be laid before each branch of 
 the Legislature within ten days next after the said first day of June 
 or if the Legislature be not then in Session, within ten days after the 
 commencement of the next Session thereof. 
 
 XXYI. And be it enacted, that it shall be the duty of each of the earners of 
 Contractors or Carriers of the said Daily Posts between Hamilton and to^l-e^poruo 
 St. George's, and between Hamilton and Mangrove Bay, on each Mastera'the 
 occasion of the arrival of such Daily Post at either of the Post Offices number of 
 at Saint George's and Hamilton respectively to report in writing to and amount 
 the Post Master at Hamilton and St. George's respectively, the num- money?^^ 
 ber of passengers carried in such Chaise or Mail Cart on that occasion, 
 and the amount paid or agreed to be paid for carrying them, and such 
 Post Masters shall lay an account of the aggregate thereof annually 
 before the different Branches of the Legislature in like manner as they 
 are required to do with respect to the account of monies received by 
 them for Postages. 
 
438 
 
 BERMUDA ACTS, 
 
 [1846. 
 
 Notice of XXVII. And be it enacted, that it shall be the duty of the said 
 
 Mau., 4c. p^g^ Masters to obtain information of the day and hour appointed for 
 making up any mail, and to give notice thereof as soon as sucb inform- 
 ation shall be obtained, by written papers to be posted on some con- 
 spicuous part in front of their offices in the Towns of Hamilton and 
 St. George respectively. 
 
 XXYIII. And for the better information of the Public, be it 
 
 ^o'siSd" enacted, that it shall be the duty of the said Post Masters respectively 
 
 Sersta "' to post upon some conspicuous part of the outside of the respective 
 
 their Offices. Qffices a regular list, daily, of such letters as may remain in their 
 
 offices unapplied for. 
 
 Making up 
 Mails at 
 Hanulton. 
 
 Postage. 
 
 XXIX. And Whereas, upon making up a Mail for the United 
 Kingdom or elsewhere, by any of Her Majesty's Packets, or Ships, or 
 any vessel of the Eoyal Mail Steam Packet Company, it might afford 
 accommodation to the Public if letters were received at and deposited 
 in the Office {it the said Town of Hamilton, to be thence transmitted 
 to the Office of the Post Master appointed under the Post Master 
 General where such Mail may be made up : be it enacted, that it shall 
 be the duty of the said Post Master at Hamilton to receive into his 
 Office and forward to, and deliver at the said Office of such Post Mas- 
 ter appointed under the Post Master General, all Letters and News- 
 papers that shall be brought to him for the purpose of being sent in 
 such Mail, or which shall be sent to him from either of the said Post 
 Offices at Mangrove Bay and Ireland Island, or either of the Receiv- 
 ing Houses for the same purpose, upon a Postage of one Penny of the 
 lawful money of these Islands being paid on the delivery of every such 
 Letter at the Post Office, (single Letters-from or to Non-Commissioned 
 Officers and Privates of Her Majesty's Land and Sea Forces only ex- 
 cepted) or for which letter sent to him from either of the said Post 
 Offices or Receiving Houses, a Postage of one penny shall have been 
 prepaid on the delivery thereof at such Post Office or Receiving 
 House ; Provided, however^ that such Letters be brought and deliv- 
 ered to the said Post Master at Hamilton, not less than three hours 
 next before the time appointed for making up the said Mail at St. 
 George's ; and that if the said Post Master at Hamilton shall neglect 
 to transmit in due time to the said Office where the said Mail is made 
 up, any letters so deposited in, or transmitted to and delivered at his 
 Office as aforesaid, for the purpose of being forwarded in such Mail as 
 aforesaid, he shall be liable to a penalty of Forty shillings to the per- 
 son aggrieved, to be recovered before the Mayor of the Town of Ham- 
 ilton by Warrant directed to any Constable or Constables within these 
 Islands. 
 
 Salaries how XXX. And bc it cuacted, that the Public Treasurer be, and he 
 payable. hereby is authorized and required to pay the several salaries contem- 
 plated by this Act, to be paid out of the Public Treasury, out of any 
 unappropriated monies in the Public Treasury, upon production of 
 a Warrant from the Governor or Officer administering the Government 
 of these Islands for the time being, and a Certificate from such Governor 
 or Officer administering the Government certifying the Post Master 
 or Assistant Post Master therein named to have been engaged in the 
 
 Proviso. 
 As to time 
 of posting 
 them. 
 
 Penalty for 
 not trans- 
 mitting. 
 
1846.] BERMUDA ACTS. 439 
 
 performance of his duty for the period of time therein mentioned — 
 and to pay' the other sums of money contemplated by this Act to be Ana other 
 paid out of the Public Treasury as aforesaid upon the production of ™°'^' 
 the Certificates respecting the same in this present Act mentioned, 
 and a Warrant for payment of such sums of money from the said 
 Governor or Officer administering the Government. 
 
 XXXI. And be it enacted, that upon complaint and proof being ^^^j^^ "^ 
 made before the Mayor of the Town of Saint George, or' before the ters, andAs- 
 Mayor of Hamilton, or any Justice of the Peace, for the Parishes of St. Ma8t"ra^°for 
 George or Pembroke, of any neglect or delay in the delivery, as is by ^^f^^"' °^ 
 this Act directed, of any Letter or Packet from cither of the said Post 
 Offices to any person or persons within these Islands, to whom the 
 same may be directed, or of any other neglect of duty or default by 
 either of the said Post Masters or Assistant Post Masters, such Post 
 Master or Assistant Post Master, upon conviction thereof, shall forfeit 
 and pay to the person aggrieved the sura of Forty Shillings for every 
 such neglect or default, to be levied by a Warrant from.the Mayor or 
 Justice of the Peace taking cognizance of the offence, directed to any 
 Constables in these Islands. 
 
 XXXn. And be it enacted, that this Act shall commence in ^J^*""""' 
 operation on the first of August in this present year, and shall continue 
 in force until the last day of July inclusive, in the year one thousand 
 eight hundred and forty-nine, and then to determine and expire. 
 Provided, nevertheless, that if previously to the expiration thereof rro-nso. 
 there be Post Offices established in these Islands under provisions at 
 variance with the provisions of this Act, by virtue, of the authority of 
 Your Majesty's Post Master General, the operation of such provisions 
 of this Act shall thenceforth immediately cease and determine, any 
 thing herein to the contrary notwithstanding. Provided also, that it ProTiso. 
 shall be lawful for Post Masters and Assistant Post Masters to be ap- 
 pointed — and Contracts to be advertised for, taken and made, and 
 securities to be given according to the provisions contemplated by this 
 Act, and for the purposes of this Act, at any time after the passing of 
 this Act, either before or after the first day of August in this present 
 year. 
 
 [Continued to the end of 1870, with amendments, by the Act of 1859, No. 15. 
 
 See also Act of 1860, No. 14.] S 
 
 [NoTB A. — The appointment of the Deputy Post Master General ceased after the Act of 
 1858, No. 13, provided that the fuU salary to the Post Master at St. George's should be paid 
 out of the Colonial Treasury. See also 1859, No. 15, § 3, 4, 5.] 
 
 1846. No. 5. 
 
 AN ACT for the Regulation of an Hospital for Insane Pawpers. 
 
 [16 July, 1846.] 
 
 WSEEEAS it is contemplated to provide an Hospital upon a Preamwa. 
 email scale for the reception of Insane Paupers, either by purchasing, 
 or building the same at the public expense : and it is expedient to 
 make some regulations for the support and government thereof; 
 
440 
 
 BERMUDA ACTS. 
 
 [1846. 
 
 Appoint- 
 ment of 
 
 Their Sala- 
 ries. 
 
 (See 1868, 
 No. 6, § 2.) 
 
 Their Duties. 
 
 I. We, therefore, &c., and be it enacted, &c., that as soon as 
 Kecpe"! Ma- such Hospital shall be provided and ready for the reception of Officers 
 
 and Patients, it shall be lawful for His Excellency the Governor to 
 appoint, during pleasure, some fit and able man to be the Keeper 
 thereof, and some other fit and able man to be the Assistant Keeper 
 thereof: and some fit and able woman to be the Matron thereof, the 
 Wife of the Keeper to be preferred. Ajid that such Keeper shall be 
 allowed an Annual Salary of one hundred pounds — such Assistant 
 Keeper an Annual Salary of Sixty pounds — and such Matron an An- 
 nual Salary of Thirty pounds : — and in case such Assistant Keeper 
 shall be a married man, and the Governor shall think fit to appoint 
 his wife to be Assistant Matron, it shall be lawful for him to make 
 such appointment — and in that case such Assistant Matron shall be 
 allowed an Annual Salary of Twenty pounds. 
 
 II. And be it, &c., that the Keeper, Assistant Keeper and Mat- 
 ron, and Assistant Matron, if any, shall reside at the said Hospital, and 
 shall respectively occupy such apartments as shall be assigned for 
 their accommodation by the Governor and Council, and that it shall 
 be the duty of the Keeper, Assistant Keeper, Matron, and Assistant 
 Matron (if any) to conform to such rules and regulations in the treat- 
 ment and management of the patients in the said Hospital, as shall 
 from time to time be prescribed for that purpose by the Governor and 
 Council — and the Keeper shall keep a Journal in which he shall re- 
 cord the admission and discharge of every patient, and all other 
 occurrences of importance within the Hospital, in such manner as 
 shall be directed by the regulations to be made under this Act, and 
 upon the death of any patient, the Keeper shall give notice thereof 
 forthwith to the nearest relative of the deceased where practicable — 
 and also shall give notice thereof to the Coroner, in order that the 
 Coroner may hold an Inquisition thereupon, which he is hereby re- 
 quired to do. 
 
 III. And be it, &c., that the Keeper shall purchase such articles 
 of Clothing and Bedding, for the use of the patients, and such furni- 
 ture, utensils, and necessary articles for the treatment, management, 
 service or accommodation of the patients, and for the ordinary repair 
 of the buildings, as shall be directed by any order or regulation to be 
 made by the Governor and Council ; the expense thereof to be pro- 
 vided for like other contingent charges of Government. 
 
 TV. And be it, &c., that the patients shall be allowed such mod- 
 erate and sufficient diet as shall be prescribed by the Kegulations to 
 be made m the manner directed by this Act — provided that whenever 
 the Medical Superintendant shall consider it necessary, in particu- 
 lar cases, to encrease or vary such usual diet, the patient shall be 
 allowed such extraordinary articles of diet, as shall be directed by the 
 Medical Superintendant : and an entry of such extraordinary allow- 
 ance shall be made in the Keeper's Journal, and signed by the Medi- 
 cal Superintendant. And the dieting of the patients shall be provided 
 either by the Keeper, or by a Contractor, or other person as shall be 
 prescribed by the Eegulations in that behalf to be made by the Gov- 
 ernor and Council— and the expense of such dieting (not exceeding 
 the rate of twelve pence per diem for ordinary diet) shall be provided 
 for like other contingent charges of Government. 
 
 Keeper to 
 purchase 
 necessaries. 
 
 How paid 
 for. 
 
 Diet of Pa- 
 tients. 
 
 How paid 
 for. 
 
1846.] BERMUDA ACTS. 441 
 
 Y. And be it, &c., that as soon as sucb. Hospital shall he ready Meaicai 
 for the reception of patients, it shall be lawful for His Excellency the S,'how™*' 
 Governor to appoint during pleasure, some fit and proper person to appointed, 
 be the Medical Superintendant thereof — and such Medical Superin- hu salary 
 tendant shall be allowed an annual Salary of Fifty pounds. And he aidDuUes. 
 is required to visit the said Hospital, and to see every patient therein 
 at least three times in every week, and oftener if necessary, and within 
 ten days after the end of June and December in every Year, to make 
 a Eeport to the Governor and Council of the condition of the Hospital 
 and the state of the patients therein ; and of such observations thereon 
 as shall appear to him proper to be brought to the notice of the Gov- 
 ernor and Council,— and he shall keep an Occurrence Book in which 
 he shall enter the date of the admission and discharge or death of 
 every patient in the Hospital, and such particulars of his case as he 
 shall be informed of, and as shall appear to him material to be regis- 
 tered ; and the date of every attendance in the performance of his 
 duty, with any observations which may occur to him in the execution 
 thereof — and such Occurrence Book shall be kept at the Hospital, but 
 shall be laid before the Governor and Council, for their inspection at 
 least once in every six months, and at all other times, when it shall be 
 required by them. And it shall also be the duty of such Medical 
 Superintendant to enquire into the manner in which the patients are 
 fed, clothed, treated and managed : and in extraordinary cases to re- 
 port the same immediately to the Governor and Council — and it shall 
 also be the duty of the said Medical Superintendant to keep a Regis- 
 try of admissions, a Kegistry of discharges and deaths, and a Medical 
 Journal in such form as shall be directed by the Governor and Coun- 
 cil. And the Salary allowed to such Medical Superintendant shall be 
 in full for all Medical and Surgical attendance and operations, medi- 
 cines and other articles required for the patients, such as are usually 
 supplied by medical practitioners in these Islands to their patients. Temporary 
 And if at any time, from any temporary cause of short duration, the deputy. 
 Medical Superintendant shall be prevented from attending the said 
 Hospital, it shall be lawful for him to depute some other Medical 
 Practitioner in these Islands, of the Degree of a Doctor of Medicine 
 to attend in his stead, whose attendance shall be noted' in the Register 
 accordingly. 
 
 VI. And be it, &c., that no person shall be admitted as a patient pg^ugntshow 
 into the said Hospital without an order from the Governor and Coun- admitted. 
 cil — according to the form and Stating the particulars in the Schedule no!\oV' 
 A. annexed to this Act, or so many of such particulars as shall be 
 made known to the Governor and Council — and no such order shall 
 be given by the Governor and Council, until it shall be ascertained to 
 their satisfaction that such patient is a lunatic, or an insane person, or 
 an idiot, or & person of unsound mind, and a proper person to be con- 
 fined, and a pauper — nor until it shall be ascertained to their satisfac- 
 tion in which Parish of these Islands, such person was last settled. 
 Provided always, that if any person not being a pauper shall be dis- 
 covered and apprehended under circumstances denoting a derange- ^^"aTiSs-*' 
 ment of mind and a purpose of committing some crime, for which if |°° "/^^^g 
 committed, such person would be liable to be Indicted, it shall be insane per- 
 lawful for the Governor and Council, upon being satisfied that such °°°^' 
 56 
 
442 BEEMUDAACTS. [1846. 
 
 person is a dangerous lunatic or dangerous idiot to order sucli person 
 to be conveyed to such Hospital and there to he kept in strict cus- 
 tody, until such person shall be discharged bythe order of the Gov- 
 ernor and Council, or until further order shall be made by the Gov- 
 ernor and Council respecting such person. 
 
 Patients, ^H- And be it, &c., that no person admitted as a patient in the 
 
 chrr^id' ^^^^ Hospital (whether pauper or not) shall be discharged therefrom 
 without an order from the Governor and Council, and that nothing 
 in this Act contained shall be construed to extend to restrain or pre- 
 vent any relation or friend of any insane person, or idiot in the said 
 Hospital obtaining the discharge of such insane person or Idiot, and 
 taking such insane person or Idiot under his or her own care and pro- 
 tection, if he or she shall enter into sufficient recognizance for the 
 peaceable behaviour and safe custody and proper treatment of such 
 insane person or Idiot, before such Member of the Council as the Gov- 
 ernor and Council shall think fit to appoint for that purpose. And 
 that if it shall appear to the Medical Superintendant of the said Hos- 
 pital that any patient therein may with propriety be discharged there- 
 from, he shall report the same to the Governor and Council— who 
 after enquiry into the case, if they shall so think fit, shall order the 
 discharge of such patient. 
 
 Settlement VIII. And bc it, &c., that before any insane pei'son or Idiot shall 
 
 of pan- be admitted as a patient into such Hospital, the Governor and Coun- 
 tobeTs^ceJ- cil shall enquire into and ascertain by the best evidence or informa- 
 tained. ^jqjj ^Jj^j; gg^jj ]jg obtained, the place of the last legal settlement and 
 the pecuniary circumstances of such person, and if it shall not appear 
 that he or she is possessed of sufficient property which can be applied 
 to his or her maintenance, shall order the Overseers of the Parish 
 se^eVs to° p"y whcrc they shall adjudge him or her to be lawfully settled to pay on 
 Memtov behalf of such Parish, to the Public Treasurer of these Islands the 
 8an7 au- Sum of Six pcncc for each and every day such insane person or Idiot 
 pel- patient, shall bc kept in such Hospital, under the provisions of this Act, such 
 payment to be made on or before the last day of March in every Year, 
 as the sa,me shall accrue, and notice of such order shall be forthwith 
 given to such Overseers, and notice of the day of the admission and 
 discharge of every such insane person or idiot shall be given to 
 the Public Treasurer by the Keeper of the said Hospital, within seven 
 days after the admission or discharge respectively of every such per- 
 son ; and if such payment shall be in arrear for ten days after the time 
 embie!°°^' wheu it ought to have been made, the same shall be recovered upon 
 complaint of the Public Treasurer by distress and sale of the goods of 
 the Overseers neglecting to pay the same, or of any of them, by War- 
 rant under the Hands and Seals of any two Justices of the Peace of 
 these Islands, whether resident in the Parish where suqh Oversefers 
 , shall be resident or not. But if it shall appear upon enquirv that 
 
 Property of it tti« i t^^ ^ ■*■ t^*' 
 
 insane pa- such insanc person or Idiot is possessed of property, such property 
 foTthek"' ° shall be liable for his or her support, and the proceeds of such prop- 
 erty, or so much thereof as shall be necessary at the rate aforesaid, to 
 provide for the maintenance and support of such Insane person or Idio't 
 while kept in the said Hospital, shall be paid to the Public Treasurer 
 from time to time; and in case of the death of any such Insane per- 
 son or Idiot, and any such payment which ought to be made to the 
 Public Treasurer being in arrear, the same shall constitute a charge 
 
 How recOT- 
 
 mainten 
 ance. 
 
1846.] BERMUDA ACTS. 443 
 
 against tlie Estate of siich Insane person or Idiot, to be paid next in 
 order after the funeral charges of such Insane person or Idiot. Pro- pioviso, as 
 vided always^ that if the Overseers of the Parish in which the Gov- erS"of*' 
 ernor and Council shall adjudge any Insane person or Idiot to be i^^jtion of 
 settled as aforesaid, shall be dissatisfied with any such adjudication, ""^ ™™ ' 
 such Overseers may petition the Governor and Council to reconsider 
 such adjudication, and upon notice being given to the Overseers of 
 any other Parish upon whose rates the burden of maintaining such 
 poor Insane person or Idiot might fall, if such adjudication should Be 
 rescinded or altered, it shall bo lawful for the Governor and Council 
 to reconsider such adjudication in a summary way, and to make such 
 determination thereon as they shall think proper — and every such 
 determination shall be final and conclusive as to the purposes of this 
 Act. 
 
 IX. And be it, &c., that it shall be lawful for the Governor and Governor 
 Council from time to time to make such Eules and Eegulations for ?o°ma°kl'"'" 
 the government and inspection of the said Hospital and the duties to ^^^1^°'^' 
 be performed by the officers thereof — and for the dieting, clothing, emment of 
 treatment and management of the patients therein and for occasional ta?.'^"''" 
 admission of their friends and relations, as to them shall seem expe- 
 dient : and such Eules and Eegulations shall be printed — and copies 
 thereof shall be kept in the said Hospital, and furnished to the Officers to be prSt- 
 thereof and to the Judges of the Court of Chancery, and Court of wbu'teci!'^" 
 General Assize, and to the Justices of the Peace of these Islands — 
 
 and such Eules and Eegulations shall be binding upon the Officers of 
 the said Hospital and upon all other persons ; Provided always, that 
 such Eules and Eegulations be not repugnant to this Act. 
 
 X. And be it, &c., that if any Medical Superintendant or other Penalty for 
 Officer, Servant or other person employed in or about the said Hospi- Patient^® 
 tal, shall in any way abuse or ill-treat any patient confined therein, 
 
 or shall wilfully neglect any such patient, he or she shall be deemed 
 guilty of a misdemeanour and it shall be lawful for the Governor to 
 direct her Majesty's Attorney General for these Islands, to prosecute 
 on the part of the Crown any person who shall have been concerned 
 in the neglect or ill-treatment of any patient or person confined in the 
 said Hospital. 
 
 XL And be it, &c., that the several Salaries allowed by this salaries to 
 Act, shall be paid by the Public Treasurer, out of any unappro- qua^te'riy. 
 priated monies in the Public Treasury, by four quarterly payments in 
 every Year up to the last days- of March, June, September and De- 
 cember respectively, upon producing a Warrant for such payment 
 from the Governor or Officer administering the Government of these 
 Islands. Provided always^ that any Medical Superintendant, Keeper, proviso. 
 Assistant Keeper, Matron or Assistant Matron, performing his or her 
 duty for a portion only of a quarter of a Year, may be paid rateably 
 for such portion upon producing a corresponding Warrant. 
 
 XII. And be it, &c., that the Governor and Members of Council inspectors 
 shall be Inspectors of the said Hospital ex-officio : and that it shall be Sdappo'int- 
 lawful for the Governor or Officer administering the Government of '*• 
 these Islands, by and with the advice of the Council, to appoint one 
 
444 BERMUDAACTS. [1846. 
 
 or more, not exceeding three fit and proper persons also to act as 
 Their duties Inspectors of' the Said Hospital. — And that one or more of the said 
 powers. jQgpg(.^Qj,g gjj^y^ twice or oftener in each Year, on such day or days, 
 and at such hours of the day, and for such length of time as they 
 shall think fit, visit the said Hospital, and shall inquire whether the 
 provisions of the Law have been carried out in the management of 
 the said Hospital, and also as to the regularity of the admissions 
 and discharges of patients therein and therefrom ; and whether any 
 system of coercion is in practice therein, and the result thereof ; and 
 as to the condition as well mental as bodily of the patients when first 
 received ; and also as to the Dietary of the patients ; and shall also 
 make such other Inquiries as to the said Hospital and the patients 
 therein, as to such Inspectors shall seem meet, and every attendance 
 of the said Inspectors or either of them shall be noted in the Keeper's 
 Journal, and such Journal and also the Kegister of the Medical Su- 
 perintendant shall be submitted" for their inspection at every such 
 visit, — and shall be signed by them in proof of the same having been 
 inspected by them. 
 
 Duration. XIII. And be it, &c., that this act shall be and continue in force 
 
 for three years, and to the end of the next Session of the Legislature 
 thereafter and then to determine and expire. 
 
 SCHEDULE A. 
 
 The Governor (or Officer administering the Government) and 
 Council, having called to their assistance G. H., a Physician (or Sur- 
 geon, as the case may be), not being the Medical Superintendant of 
 the Hospital for Insane Paupers, and having caused A. B., a Pauper, 
 to be examined personally by 1. 1, and K. E., two persons for that 
 purpose especially appointed, and being satisfied that the said A. B. 
 is a Lunatic (or an Insane Person, or an Idiot, or a person of unsound 
 mind,) and a proper person to be confined, do hereby direct the Keeper 
 of the said Hospital to receive the said A. B. as a patient into the said 
 Hospital. 
 
 X. Y., Cleric of tlie CouncU. 
 
 STATEMENT. 
 
 ISTame of Patient and Christian Name at full length. 
 
 Sex and Age. 
 
 Married, Single, or Widowed. 
 
 Condition of life, and previous occupation (if any). 
 
 Parish of last settlement. 
 
 Eeligious persuasion, so far as known. 
 
 Length of time Insane. 
 
 Whether first attack. 
 
1846.] BERMUDA ACTS. 445 
 
 Affe, if known, on first Attack. 
 "Whether subject to Epilepsy: 
 Whether Suicidal, or dangerous to others. 
 Previous places of Confinement. 
 
 [Continued to the end of 1869, by Act of 1858, No. 5.] 
 
 [See also Acts of 1849, No. 11 ; 1852, No. 20 ; and 1858, No. 5.] 
 
 1846. No. 6. 
 
 AN ACT for preventing injuries or Annoyances upon the Public 
 
 Roads. 
 
 [23 July, 1846.] 
 
 "WHEREAS it is expedient to prevent as much as possible certain Preamble. 
 injuries or annoyances being committed upon the Public Koads in 
 these Islands : 
 
 I. "We, therefore, &c., and be it enacted, &c., that if any person Damage to 
 shall wilfully pull down or damage any Bridge, Wall, Fence, Post, ^^' 
 Rail or other Building or erection, made or put up by order of the Fence's, &c. 
 Commissioners of the Roads in either District of these Islands, or re- 
 paired, or reparable by them ; or shall haul or draw, or cause to be jjauung 
 hauled or drawn, upon any part of any public road in these Islands Timber, &c. 
 any Timber, Stone or other thing, otherwise than upon Wheeled 
 Carriages, or shall suffer any Timber, Stone, or other thing which 
 shall be carried principally or in part upon Wheeled Carriages, to 
 drag or trail upon such Road to the prejudice thereof; or shall use 
 any tip stick, joggle, or other instrument -or thing for the purpose of pgin„t;p. 
 retarding the descent of any Cart or other Carriage down any Plill, in Bticka, ac, 
 such manner as to destroy, injure, or disturb the surface of any such jury of 'the 
 public road ; or shall in or upon any such public road, or by the side ^"^45° 
 or sides thereof, or in any exposed situation near thereto, kill, slaugh- orsiaughter- 
 ter, singe, scald, burn, dress or cut up any beast, swine, calf, lamb or ^^ '^thcre! 
 other cattle, or if any person driving any Horse or other Beast on any 
 such public road, carrying any timber or boards, iron bar or rod, or allowing 
 basket or pannier, or any other matter or thing, shall place such tim- J^*"'^*^'^' 
 ber or board, bar or rod, basket or pannier, matter or thing, so that so as to ob- 
 the same or any of them, or any part thereof shall project more than lengers.^' 
 thirty inches from the side of such Horse or other Beast, or so as in 
 any manner to obstruct or impede the passage of any person, or any 
 horse, beast or carriage travelling along such road ; or, if any black- 
 smith, or other person occupying a Blacksmith's Shop, situate near Blacksmith's 
 any such public road, and having a window or door fronting the said shop. 
 road, shall not, by good and close shutters every Evening after it be- 
 comes twilight, bar and prevent the light from such Shop shining into 
 or upon the said road ; or if any person shall make or assist in making B„nares, 
 any fire or fires commonly called bonfires, or shall set fire to or wan- ?'^*''J|J''''' 
 tonly let off or throw any squib, rocket, serpent or other firework Games 
 whatsoever, within eighty feet of the centre of any such public road ;-*''^"™- 
 or play at foot ball, tennis, fives, cricket, or any other game or games 
 
446 
 
 BERMUDA ACTS. 
 
 [1846. 
 
 Leaving 
 Waggons, 
 &c., on 
 roads. 
 
 Or laying 
 timber, 
 stone, &c., 
 on road. 
 
 Suffering 
 filtli to run 
 into road. 
 
 Or leaving 
 Cart Drags 
 there. 
 
 Or wilfully 
 preventing 
 passengers. 
 
 Making 
 
 unenclosed 
 
 Saw-pits, 
 
 Obstructing 
 carriages 
 or passen- 
 gers. 
 
 Riding on 
 Carts with- 
 out reins. 
 
 Or negli- 
 gently dam- 
 aging any 
 person or 
 thing. 
 
 Or neglect- 
 ing any 
 Cart, &c. 
 
 Or not 
 keeping on 
 the near 
 side of road. 
 
 Or driving 
 furiously to 
 endanger 
 passengers. 
 
 Penalty, 
 
 upon any such road, or on the side or sides thereof to the annoyance 
 of anypassenger or passengers ; or if any person shall leave any "Wag- 
 gon, Wain, Dray, Cart or other carriage whatsoever, upon any such 
 road, or on the side or sides thereof, without any proper person in the 
 sole custody or care thereof, longer than may be necessary to load or 
 unload the same, except in cases of accident, and in cases of accident 
 for a longer time than may he necessary to remove the same : or shall 
 not place such Waggon, Wain, Dray, Cart or other carriage, during 
 the time of loading or unloading the same or of taking refreshment, 
 as near to one side of the road as conveniently may be, either with or 
 without any horse or beast of draught harnessed or yoked thereto ; or 
 shall lay any timber, stone, hay, straw, dung, manure, soil, ashes, 
 rubbish, or other matter or thing whatsoever, upon any such road, or 
 on the side or sides thereof, to the prejudice of such road, or to the 
 prejudice, annoyance, interruption, or personal danger of any per- 
 son or persons travelling thereon ; or shall suffer any water, filth, 
 dirt or other offensive matter or thing whatsoever to run or flow 
 into or upon any such road from any house, building, erection, 
 lands or premises adjacent thereto : or, if any person shall after 
 having blocked or stopped any Cart, Waggon, Dray or other carriage 
 in going up a hill or rising ground, cause or suffer to be or remain on 
 any such road, the stone or other thing with which such Cart, Wag- 
 gon, Dray or other Carriage shall have been blocked or stopped ; or, 
 if any person or persons shall in any manner wilfully prevent any 
 other person or persons from passing him or her, or any Cart, Waggon, 
 Dray or other Carriage under his, her or their care upon any such 
 road ; or, if any person shall dig, make or use any pit or pits for saw- 
 ing of timber or wood within thirty feet of the centre of any such 
 road, unless where enclosed by a fence from such road ; or, shall by 
 negligence or misbehaviour, prevent, hinder, obstruct or interrupt the 
 free passage of any Carriage, or of any of Her Majesty's subjects, on 
 any such road ; or, if the Driver of any Waggon, Wain, Dray, Cart or 
 other Carriage, shall ride upon any such Carriage, or upon any horse 
 or horses or other beast drawing the same, on any such public road, ^ 
 not having some other person on foot (or on horseback) to guide the 
 same (such Carriages and Carts as are driven with reins, and are con- 
 ducted by some person holding the reins of all the horses drawing 
 the same excepted) ; or if the Driver of any Waggon, Dray, Cart or 
 Carriage whatever on any part of any such public road shall by neg- 
 ligence or wilful misbehaviour cause any hurt or damage to any per- 
 son, horse or cattle ; or to any Goods conveyed in any Carriage passing 
 or being upon any such road ; or, shall negligently or wilfully be at 
 such distance from such Waggon, Dray, Cart or Carriage, or in such 
 a situation whilst it shall be passing upon .any such road, that lie 
 cannot have the direction of the horses or cattle drawing the same ; or 
 when meeting any other Cart or other Carriage, or horse, mule, or 
 other beast of burthen, shall not keep his Waggon, Dray, Cart or Car- 
 riage, or horses, mules or other beasts of burthen, on the left or near 
 side of the road ; or if any person whatever riding any horse or beast, 
 or driving any sort of Carriage on any such road, shall ride or drive 
 the same furiously so as to endanger the life or limb of anypassenger; 
 every person so offending, in any of the cases aforesaid, and being con- 
 victed of any such offence, either^ by his own confession, the view of a 
 
1846.] BERMUDA ACTS. 447 
 
 Justice, or by the testimony of one or more credible ■witnesses, before 
 any Justice of the Peace of these Islands shall, (in addition to any civil 
 action to which he may make himself liable) for every such offence 
 forfeit any sum not less than ten shillings, and not exceeding forty 
 shillings besides costs of prosecution — and shall, in default of payment, 
 either immediately or within such period as shall be ordered by such 
 Justice of the Peace, be committed to G-aol (either with or without 
 hard labour) at the discretion of the Justice of the Peace, for any term 
 not exceeding three calendar months, unless such forfeiture and costs 
 be sooner paid. 
 
 II. And be it, &c., that every such offender in any such case, °a™b|''a 
 shall and may by virtue of this Act either be apprehended by any preLnded. 
 person who shall see such offence committed, and conveyed before 
 
 any Justice of the Peace to be dealt with according to Law — or may 
 be summoned and proceeded against as hereinafter mentioned. 
 
 III. And be it, &c., that it shall be lawful for any Justice of the Justice to 
 Peace of these Islands to whom complaint shall be made of any offence penaitLs 
 against this Act, to summon the party complained against before him, »™>™='"iy 
 and on such summons to hear and determine the matter of such com- 
 plaint, and on proof of the offence, to convict the offender and to ad- 
 judge him to pay the penalty or forfeiture incurred, with costs of pros- 
 ecution, and to proceed to recover the same, although no information 
 
 in writing shall have been exhibited or taken by or before such Justice ; 
 and all such proceedings by summons without information, shall be as 
 good, valid and effectual, to all intents and purposes, as if an informa- 
 tion in writing was exhibited — and it shall be lawful for any such Jus- 
 tice, when he shall see fit so to do, after any such conviction, either to 
 issue a Warrant under his hand and seal to levy the amount of any such 
 penalty or forfeiture and costs of prosecution as aforesaid, by distress 
 and sale of the goods and chattels of the party or parties offending — 
 or to commit the party or parties offending to Gaol — as hereinbefore 
 provided : and the monies arising from all such fines, forfeitures and penalties 
 penalties, when paid or levied, shall be paid into the Public Treasury ''^"^te^d''™' 
 of these Islands — to the use of Her Majesty Her Heirs and Successors, 
 for and towards the support of the Government of these Islands — as 
 shall from time to time be directed by the Legislature of these 
 Islands. 
 
 TV. And be it, &c., that no other Roads, except such as have wiiat Roads 
 heretofore been or shall hereafter be made or repaired at the expense e°dPuwi™ 
 of the Public of these Islands, or at the expense of some Parish in ^^^^^■^' 
 these Islands, and except the Streets in the respective Towns of Hamil- Act. 
 ton and Saint George s, shall be deemed to be Public Roads, within 
 the meaning and for the purposes of this Act. 
 
 V. And be it, &c., that this Act shall be and continue in force Duration, 
 until and throughout the thirty-first day of December which will be in 
 the Tear of our Lord one thousand eight hundred and forty-nine, and 
 then to determine and expire. 
 
 [Made perpetual by Act of IBS'?, No. 16.] 
 
448 
 
 BERMUDA A CTS. 
 
 [1846. 
 
 1846. No. 7. 
 
 AN ACT to provide some further AccommodaUon, and 8al<wy for 
 the Keepers of the Light House. 
 
 [23 July, 1846.] 
 
 Preamble. 
 
 WHEEEAS it is deemed expedient to provide some further accom- 
 modation and Salary for the Keepers of the Light House, which has 
 been erected and lighted as contemplated by the Act of the Legisla- 
 ture of these Islands, passed in the year one thousand eight hundred 
 and forty-four, entitled, "An Act to maintain a Light House," — and 
 Whereas Eose Dempster Eraser (in right of his Wife Lavinia Flora 
 Eraser) now holds a small parcel of land, containing about five Acres 
 and three Eoods, lying in Southampton Parish, adjoining the land on 
 which the said Lighthouse has been erected — and bounded Northerly 
 by lands formerly held or claimed by Benjamin Hinson, deceased — 
 and lands lately held or claimed by Hezekiah Nelson Frith ; Westerly 
 by lands lately held or claimed by Catherine Cowen ; and the lands 
 held by or in trust for the Crown (on whicli the said Light House has 
 been erected,) Easterly by lands formerly held by Benjamin Hinson, 
 deceased, and South Easterly by the Cross Eoad lately made by the 
 Commissioners of the Eoads, and leading from the North side Main 
 Eoad to the South side longitudinal Eoad : (which Cross Eoad sep- 
 arates the land intended to be hereby vested in the Crown from other 
 lands held or claimed by the said Eose Dempster Eraser in right of 
 his said Wife.) And whereas the said Eose Dempster Eraser, and 
 Lavinia Flora Eraser, are willing to sell the said land for the purpose 
 hereinafter mentioned for the Sum of Sixty Pounds, and it is deemed 
 expedient to purchase the same for that purpose : — 
 
 I. We, therefore, &e., and be it enacted, &c., that upon the said 
 Eose Dempster Eraser and Lavinia Flora Eraser receiving the said 
 Sum of Sixty Pounds, out of the Public Treasury of these Islands, and 
 executing a Certificate under their Hands and Seals, acknowledging 
 the payment of the said Sum of Sixty Pounds, and setting forth that 
 the said parcel of land containing about five Acres and three roods 
 (more or less) had been sold and surrendered to Her Majesty, her 
 Heirs and Successors for ever, for the purposes of this Act, the said 
 parcel of land containing about five Acres and three Eoods (more or 
 less) shall immediately be and become vested in Her Majesty, her 
 Heirs and Successors for ever, for the purposes of this Act, and to or 
 for no other use, intent or purpose whatsoever, and thenceforth shall 
 remain free and clear of and from all Estate or Interest therein of the 
 said Eose Dempster Eraser, and Lavinia Flora Eraser, or either of 
 them, or of any person claiming by from or under them, or either of 
 them, and such Certificate shall be recorded in the Secretary's Office, 
 and a copy of the Eecord of such Certificate shall 'be prima facie evi- 
 Pubiic Trea- dcncc thereof, and it shall be lawful for the Public Treasurer to pay 
 £M for°th*^ the said Sum of Sixty Pounds to the said Eose Dempster Eraser for 
 eaid Land, the Said parcel of land, out of any unappropriated monies in the Pub- 
 
 Land held 
 
 by R. D. I'ra- 
 ser and 
 Wife to be 
 purchased 
 under this 
 Act. 
 
 And Tested 
 in the 
 Crown. 
 
1846.] BERMUDA ACTS. 449 
 
 lie Treasury, under a "Warrant for such payment from the Governor 
 or OflBcer administering the Government of these Islands. 
 
 II. And whereas it is deemed expedient to erect upon the said ^f^l?° f^^ 
 land so to be purchased as aforesaid, a Cottage of small dimensions one of the 
 for the use of one of the Keepers of the said Light House — be it, &c., uImhomc. 
 that the Public Treasurer be, and he hereby is authorized and required 
 
 to pay to the order of the Commissioners of the said Light House or 
 any two of them, out of any unappropriated monies in the Public Ana Puwio 
 Treasury, under a Warrant or "Warrants from the Governor or Officer Jo'p^Ta" 
 administering the Government of these Islands, any Sum or Sums of ^^^hig' ^^ 
 Money not exceeding the Sum of One hundred Pounds in the whole — £ioo tor the 
 in order to enable them to have a Cottage of small dimensions erected °'""^' 
 as aforesaid on the said parcel of land. 
 
 III. And whereas by the said Act passed in the year One thou- 
 rand eight hundred and forty four — the Commissioners of the said 
 Light House are authorized to appoint during their pleasure Keepers 
 for the said Light House, and to allow them Salaries or pay not ex- 
 ceeding One hundred Pounds, in any one year, in the whole for all 
 such Keepers — and it is deemed expedient to encrease the amount so 
 provided as aforesaid for the Salaries or pay of the Keepers — be it 
 farther enacted, that from and after the passing of this Act, and until 
 the end of the next Session of the Legislature, after the thirty first day 
 of December, which will be in the year of our Lord, one thousand, 
 eight hundred and forty eight — the said Commissioners shall have increased 
 authority to allow to the Keepers of the said Light House, Salaries or salaries to 
 pay not exceeding the Sum of Two Hundred Pounds in any one year. Light House. 
 in the whole, for all such Keepers, instead of the aforesaid Sum of 
 
 One hundred Pounds, to be paid and provided in like manner as is 
 mentioned in the said Act, with regard, to the Sum of One hundred 
 Pounds therein specified. 
 
 [The Salaries under this Act are continued to the end of 1868, by Act of IBS'!, No. 21.] 
 
 1846. No. 8. 
 
 AN ACT to authorize the Commissioners of the Roads for the East- 
 ern District to alter the line of Road between the Town of Saint 
 George and the Publio Ferry. 
 
 [23 July, 1846.] 
 
 "WHEREAS some parts of the Eoad from the Town of Saint preamble. 
 George to the Public Ferry are found to be difficult and inconvenient, 
 and whereas it appears by a Report of the Commissioners of the 
 Roads for the Eastern District, that an advantageous alteration in the 
 course of the said Road may be made, according to a Survey and Plan 
 which has been submitted to this House : 
 
 I. We, therefore, &c., and be it enacted, &c., that the Commission- commission- 
 ers of the Roads aforesaid for the Eastern District, or a majority of Roads may 
 them, be authorized and empowered, and they are hereby authorized of'Road""' 
 67 
 
450 BERMUDA ACTS. [1846. 
 
 and empowered to alter the course of the said Eoad in conformity 
 with the Plan aforesaid, or as nearly so as they shall deem practicable 
 width of and desirable — provided that the width of that part of the Koad to 
 new Road. ^^ ^^^j^ opened shall not exceed twenty feet, nor be less than six- 
 teen feet. 
 
 Powers of II. And be it, &c., that the said Commissioners, or a majority 
 
 STder""' of them be, and they are hereby authorized and empowered to take 
 this Act. ^p g^g^L Land as may be required for such new line of Koad, and that 
 a valuation thereof shall be made and recompence be obtained by the 
 Proprietors thereof in the mode prescribed ^in the eleventh clause of 
 an Act passed on the twenty-second day of December, in the year of 
 our Lord, one thousand eight hundred and fourteen — entitled " An 
 Act in part to repeal, and to amend the Eoad Act, passed the seven- 
 teenth of September, in the year One thousand eight hundred and 
 thirteen." 
 
 Expense III. And be it, &c., that the Public Treasurer be, and he hereby 
 
 how defray- jg authorized and required to pay, from time to time — out of any un- 
 . appropriated monies in the Public Treasury to the order of the said 
 Commissioners, or a majority of them, under "Warrant from the Got- 
 ernor or Officer administering the Government of these Islands, the 
 Sum of Two Hundred Pounds, to enable them to commence and carry 
 on the said alteration in the Eoad. 
 
 i„jj„y to lY. And be it, &c., that in case it shall be alleged that the Pro- 
 
 priTate perties through or near which such new line of Eoad shall pass will 
 beesti- be iujurcd or diminished in value by the said alterations of the Eoad, 
 paid^fo/out such injury or diminution of value (if any) shall be judged of and 
 of Treasury, determined by the same Jury who shall be called upon to value the 
 land for the said Eoad, and that their Estimate of such injury or 
 diminution of value, shall in like manner be given to the Commis- 
 sioners of the Eoads for the Eastern District, to be by them certified 
 and delivered to the Owner or Owners of the Property, who, upon 
 presenting the same to the Public Treasurer, shall be entitled to receive 
 the amount from the said Public Treasurer, who is hereby authorized 
 and required to pay the same, under Warrant from the Governor or 
 Officer administering the Government — in addition to the estimated 
 value of the land itself taken for the said new line of Eoad. Always 
 Proviso, provided that if it shall appear to the said Jury that the said Proper- 
 ties will be, in other parts or places, benefitted by such alteration of 
 the Eoad — such benefit shall be considered in deduction of the amount 
 estimated for injury. 
 
1846.] BERMUDA ACTS. 451 
 
 1846. No. 9. 
 
 AN ACT to vest certain La/nds in the Parish of Saint George in the 
 Pricipal Officers of Her Majesty's Ordnance. 
 
 [29 July, 1846.] 
 
 WHEREAS the Lands and small Island hereinafter described are Preamble, 
 included in the Plan adopted for the "Works for the defence of these 
 Islands : and your Majesty's .Governor has communicated to the 
 Council and Assembly Maps of the said Lands and small Island, and 
 has recommended that an Act should be passed for vesting the same 
 in the Principal Officers of your Majesty's Ordnance, for the Public 
 Service — making such reservations as should be necessary at the 
 Ferry for the public communications : — 
 
 I. We, therefore, &c., and be it enacted, &c., that the small Par- ^^°^^'°''^ 
 eel of Land near the Town of Saint George, heretofore used with the the Princi- 
 grounds annexed to the Government House at the Town of Saint of aM.°ord- 
 George, and hereinafter described, (that is to say,) bounded on its °*s^aii ''"ar- 
 Northern, Eastern and Southern sides by lands formerly held by Ma- oeiotiand 
 rianna Augusta Cockburn, and now or lately held by the Officers of o°f st 
 Her Majesty's Ordnance, and on its Western side by the road to the ^^°^se- 
 Eastward of the Government House, which leads in a Northerly direc- 
 tion from the Town of Saint George towards Saint Catharine's Point 
 
 — which parcel of Land measures on its Northern side about forty-two 
 feet, on its Eastern side about thirty-six feet, on its Southern side about 
 fifty feet, and on its Western side about thirty-eight feet. 
 
 II. And also all that Tract or Parcel of Land at the Western end 2nd Tract 
 of the Island of Saint George, formerly occupied by the Keeper of the weatem ^a 
 Public Eerry, and bounded Easterly by Lands lately held or occupied Georges isi- 
 by John Till, his Heirs or Assigns — and Northerly, Westerly and *"'*• 
 Southerly by the Sea. 
 
 III. And also all that small Island at the Ferry, near to the last srasmaii 
 described parcel of land, and now connected therewith by a Bridge — the''pOTr. 
 with all the appurtenances thereof — saving and excepting forty feet 
 
 from the circumference of the said Island — to be measured from high 
 water mark — as a reserve for the public use, and also the Stables and 
 Shed, and the Ground upon which they are erected, be, and the same 
 hereby are vested in the Principal Officers of Her Majesty's Ordnance 
 in Great Britain, for the time being, and their Successors in the said 
 Office, in trust for Her Majesty, her Heirs and Successors, for the intrustfor 
 Ordnance Department of Iler Majesty's Service, or for such other fy^&t^^ 
 public service or services as Her Majesty, her Heirs or Successors 
 shall, from time to time, by any Order in Council, be pleased to 
 direct. 
 
 Reserving 
 
 TV. And whereas the Public Highway and thoroughfare, to and *°^^"''"'= 
 from the Town of St. George passes through the above described tract certain" 
 of Land at the Western end of the Island of Saint George, and over FisiSf' 
 the small Island above described, and there are several landing places *«■ 
 
452 
 
 BERMUDA acts; 
 
 [1846. 
 
 for Passengers crossing the Public Ferry, on that tract of Land and 
 small Island ; and the Inhabitants of these Islands have heretofore 
 enjoyed an undisturbed right of fishing in the Inlets and Bays in and 
 about the said tract of Land and small Island, and of landing on the 
 Shores thereof for the purpose of fishing — ^be it further enacted that 
 nothing in this Act contained shall be deemed or construed to im- 
 pair, diminish or abridge any right of using the said highway, and 
 thoroughfare, landing places and fisheries, but that the same shall 
 be, and remain, and shall continue to be enjoyed in as full and ample 
 manner, to all intents and purposes, as if this Act had not been 
 passed. 
 
 1846. No. 10. 
 
 AN ACT to continue and amend the Act intituled " An Act for 
 improving the Law of Evidence." 
 
 [14 August, 1846.] 
 
 WHEEEAS the Act intituled " An Act for improving the Law of 
 
 Preamble. ,^ ^ , ^ i»i r t -\ ' ^ 
 
 xLvidence, was passed by the Legislature oi these Islands m the year 
 of our Lord One thousand eight hundred and forty-four, for a limited 
 period of time : and it is deemed expedient to continue the same in 
 operation with the additions hereinafter expressed : 
 
 Mnttau^' ■"■• ^®' therefore, &c., and be it enacted, &c., that the said Act, 
 during this the title whereof is above recited be, and the same hereby is continued 
 ^°'' in force during the continuance of this present Act. 
 
 II. And whereas it is provided by many Statutes of the Imperial 
 Parliament and Acts of the' Legislature of these Islands — that various 
 Certificates, oflicial and public documents, and certified copies of docu- 
 ments, entries in Eegisters and other Books shall be receivable in 
 evidence of certain particulars in Courts of Justice, provided they be 
 respectively authenticated in the manner prescribed by such Statutes 
 and Acts ; and whereas the beneficial effect of these provisions has 
 been found by experience to be greatly diminished by the diflSculty of 
 proving that the said documents are genuine ; and it is expedient to 
 facilitate the admission in evidence of such and the like documents — 
 be it therefore further enacted, that whenever by any Statute of the 
 Imperial Parliament or Act of the Legislature of these Islands, now 
 in force or hereafter to be in force, any Certificate, official or public 
 document, or any certified copy of any document, entry in any Eegis- 
 ter or other Book, or of any other proceeding shall be receivable in 
 ^^ evidence of any particular, in any Court of Justice, or before any legal 
 oragnltoe, tribunal, or in any Judicial proceeding, the same shall respectively be 
 admitted in evidence ; provided they respectively purport to be sealed 
 or impressed with a Stamp or sealed and signed, or signed alone as 
 required, or impressed with a Stamp and signed, as directed by the 
 respective Statutes and Acts made or to be hereafter made, without 
 any proof of the Seal or Stamp, where a Seal or Stamp is necessary, 
 
 Certain Doc 
 ument3 re- 
 ceivable 
 without 
 
 4c., of per- 
 son signing 
 
1846.] BERMUDA ACTS. 453 
 
 or of the Signature, or of tlie official character of the person appearing 
 to have signed the same, and without any further proof thereof, in 
 every case in which the original record could have been received in 
 evidence. 
 
 III. And he it, &c., that all Courts, Judges, Justices, Masters in courts,&e 
 Chancery, Commissioners judicially acting, and other Judicial Offi- ciaiMuSdf 
 cers, shall henceforth take judicial notice of the Signature of any of ot^qultyor 
 the Equity or Common Law Judges of the superior Courts at West- ^°^°J ^g 
 minster or in these Islands, provided such signature be attached or &c. 
 appended to any Decree, Order, Certificate, or other judicial or official 
 document. 
 
 IV. Provided always, and be it, &c., that if any person shall forge proviso t— 
 the Seal, Stamp or Signature of any such certificate, official or public Efg'sTaif"'^' 
 document, qr of any certified copy of any document. Entry in any ^^f^^^.\^ ' 
 Kegister or other Book, or other proceeding as aforesaid — or shall documents 
 tender in evidence any such certificate, official or public document, or leiony"' 
 any certified copy of any document, entry in any Kegister or other 
 
 Book, or of any other proceeding, with a false or Counterfeit Seal, 
 Stamp, or Signature thereto, knowing the same to be false or Counter- 
 feit — or if any person shall forge the signature of any such Judge as 
 aforesaid to any Order, Decree, certificate, or other Judicial or official 
 document — or shall tender in evidence any Order, Decree, Certificate 
 or other judicial or official document, with a false or counterfeit Signa- 
 ture of any such Judge as aforesaid thereto, knowing the same to be 
 false or counterfeit — every such person shall be guilty of Felony, and 
 shall upon conviction be liable to imprisonment for any term not more 
 than three, nor less than one year, with or without hard labour. 
 Provided also, that whenever any such document as before mentioned proyiso. 
 shall have been received in evidence by virtue of this Act, the Court, 
 Judge, Commissioner or other person officiating judicially, who shall 
 have admitted the same, shall, on the request of any party against 
 whom the same is so received, be authorized, at its or at his own dis- 
 cretion, to direct that the same shall be impounded, and be kept in the 
 custody of some Officer of the Court or other proper person, until fur- 
 ther Order touching the same shall be given, either by such Court, or 
 the Court to which such Master or other Officer belonged, or by the 
 persons or person who constituted such Court, or by some one of the 
 Judges of the Court of Chancery or Court of General Assize in these 
 Islands, on application being made for that purpose. 
 
 Y. And be it, &c., that this Act shall be, and continue in force. Duration of 
 until and throughout the thirty-first day of December, which will be JlJ^tifsi' 
 in the year of our Lord One thousand eight Inmdred and forty-eight, dso"--. ^^■) 
 and then shall determine and expire. 
 
 [Continued to the end of 186Y, by Act of 1857, No. 8.] ; 
 
454 BERMUDA ACTS. [1846. 
 
 1846. No. II. 
 
 AN ACT to amend the Act intituled " An Act relative to the Convic- 
 tion of Offenders transported to these Islands from Great Britain 
 and other parts of His Majesty's Dominions." 
 
 [14 August, 1846.] 
 
 Preamble. "WHEEEAS by the Act intitutled " An Act relative to the con- 
 
 viction of Offenders transported to these Islands from Great Britain 
 and other parts of His Majesty's Dominions" — which was passed by 
 the Legislature of these Islands in the year of our Lord one thousand 
 eight hundred and thirty — and has since then been continued in ope- 
 ration — it is (among other things) enacted that if at any time any 
 Convict, who has been or may be transported to these Islands after 
 the passing of the said Act, shall be discharged from any such Con- 
 vict Establishment as therein mentioned, and shall be found at large 
 within these Islands it shall be lawful for any one or more Justices of 
 the Peace and he and they are hereby required, upon due proof thereof, 
 by Warrant directed to any Constable or Constables to remove and 
 convey, or cause to be removed and conveyed, such Convict to the 
 Convict Ship or Establishment from which such Convict may have 
 been discharged, there to be kept until he or she can be sent to the 
 place from whence he or she may have been transported, or to which 
 he or she may be liable to be returned : — and that it shall be the duty 
 of the Overseer or other Officer in charge of any such Convict Ship 
 or Establishment to receive such Convict and to keep him or her 
 until he or she can be so returned as aforesaid : — and it is expedient 
 to extend the foregoing Enactment to the case of Convicts escaping 
 as well as that of Convicts discharged from any such Convict Ship or 
 Establishment, and to make the other amendments to the said Act 
 hereinafter expressed : 
 
 Convicts dis- I. Wc, therefore, &c., and be it enacted, &c., that if at any time 
 
 ese^ftag"' from and after the passing of this Act — any Convict who has been or 
 
 auar°™to ^^ ^® transported to these Islands — shall either be discharged or 
 
 be takei shall escape from any Convict Ship, Hulk or Establishment, and shall 
 
 Convict shfp be found at large within these Islands, it shall be lawful for any one 
 
 have'ieft?^ Or morc of Her Majesty's Justices of the Peace, and he and they are 
 
 hereby required, upon due proof thereof, by any "Warrant directed to 
 
 any Constable or Constables, to remove and convey, or cause to be 
 
 removed and conveyed, such Convict to the Convict Ship, Hulk or 
 
 Establishment from which such Convict shall have been discharged or 
 
 shall have escaped, there to be kept until such Convict can be sent to 
 
 And there the placc from whence such Convict may have been transported, or to 
 
 Bent'to^the which such Convict may be liable to be returned : — and that it shall 
 
 whence ^® *^® ^^^^ ^^ ^^ Oversccr or other Officer in charge of any such 
 
 transported, Convict Ship, Hulk Or Establishment to receive such Convict and to 
 
 keep him or her until he or she can be so returned as aforesaid. 
 
 &c. 
 
 When term 
 
 When term a i i • D l 
 
 tftionTa"" ■'■ ^*' ' * whenever the term of Transportation of 
 
 expired any Convict transported to these Islands shall have expired, and such 
 
1846.] BERMUDA ACTS 455 
 
 Convict, either under the provisions of the said Act passed in the year 
 one thousand eight hundred and thirty or of this present Act, shall 
 be kept or detained at or on board of any Convict Ship, Hulk or convicta de- 
 Establishinent, awaiting a conveyance to be sent to England, or to any Jhi" l^rto" 
 other place to vrhich such Convict shall be liable to be returned or *^j^^^* '" 
 sent, it shall be lawful for the Overseer or other Officer in charge of overseers, 
 such Convict Ship, Hiilk or Establishment, and his inferior Officers, 
 and all other persons acting in his or their aid, to use such and the 
 like ways .and means for the safe custody and detention of such Con- 
 vict at and on board of such Convict Ship, Hulk or Establishment, 
 and for enforcing subordination and obedience from such Convict, and 
 for preventing such Convict from infringing or disturbing the good 
 order of such Convict Ship, Hulk or Establishment, and for punishing 
 such Convict for infringing or disturbing the good order of such Con- 
 vict Ship, Hulk or Establishment — as might lawfully have been used 
 by such Overseer or other Officers or other person or persons acting 
 in his or their aid — in the like cases and for similar conduct of such 
 Convict before the term of transportation of such Convict had ex- 
 pired : — Provided always, that nothing in this Act contained shall fo' bTem-""' 
 be deemed to authorize the employment of any Convict at hard labour P'°^°,*^'' 
 in these Islands after the period of his transportation shall have ex- 
 pired, or to authorize any Convict whose period of transportation 
 shall have expired being pimished by whipping for any offen'ce against 
 this Act. 
 
 in. And be it, &c., that every Constable and other person acting constables, 
 under the authority of any Justice of the Peace in these Islands, either Ac't'ofisao, 
 under the Act passed in the year eighteen hundred and thirty, or ?„ 'e^eite'' 
 under this Act, in apprehending or conveying back to any such Con- J?""™''*" 
 vict Ship, Hulk or Establishment as aforesaid, any such Convict who 
 shall have been discharged or shall have escaped, as aforesaid, shall 
 be entitled to receive a reasonable remuneration, according to the cir- 
 cumstances of the case, to be provided for like other contingent Charges 
 of Government. 
 
 IV. And be it, &c., that this Act shall be and continue in force Duration, 
 until the twenty-eighth day of April — which will be in the year 
 of our Lord one thousand eight hundred and forty-eight, and until 
 the end of the next Session of the Legislature thereafter, and then to 
 determine and expire. 
 
 [Continued to the end of 1868, by Act of 18B8, No. 11.] 
 
 1846. No. 15. 
 
 AE ACT for regulating the Public Ferry. 
 
 [2T August, 1846.] 
 
 WHEEEAS the present Lease of the Ferry between the Island of Preamble. 
 Saint George and Coney Island, under the Act passed in the Year one 
 thousand Eight hundred and forty-three is about to expire, and it is 
 expedient to make some other regulations respecting the said Ferry : 
 
456 BERMUDA ACTS. [1846: 
 
 Actsofi78s I. We, therefore, &c., and be it enacted, &c., that the Act of 
 ^pel^ed the Legislature of these Islands passed in the Year one thousand seven 
 tSn7i hundred and eighty-three, intituled " An Act for fixing and ascer- 
 thisAct. taining the rates of Ferriage between the Westernmost part of the 
 Island of Saint George, and the Island commonly called Coney Island, 
 now joined to the main land by a Causeway, and for the disposing of 
 the profits arising therefrom," and also the Act passed in the Tear one 
 thousand seven hundred and eighty-four " in addition to and amend- 
 ment of" the last mentioned Act, be, and the same hereby are sus- 
 pended for and during the operation of this Act. 
 
 Treasurer to n. And belt, &e., that in order to fill up the situation of Keeper 
 ry by con^" of the Said Public Ferry to the satisfaction of the Public, it shall be 
 teto'io°di"' lawful for the Public Treasurer to offer for sale by Contract, the 
 «™«.^Bub- Xeeping of the said Public Ferry, with all the emoluments, fares and 
 provai of perquisites arising therefrom, subject to the conditions hereinafter 
 coS?"^ " enacted and to advertise in one or more of the newsa,pers published 
 in the Colony for Tenders for the same to be sent in on or before the 
 fifteenth day of September next, such tenders to be laid before the 
 Governor and Council, and the highest tender if otherwise approved 
 by the Governor in Council, shall be accepted : But whereas it may 
 so happen that no person may tender for the said Feriy, or such Ten- 
 der if made may not be approved of by the Governor and Council, 
 and by reason thereof there may be no person to hold the situation of 
 Ferry Keeper, be it further enacted — That in either of such cases it 
 shall be the duty of the said Public Treasurer to have other adver- 
 tisements inserted in one or more of the newspapers published in 
 these Islands offering the sale by Contract of the said Ferry and its 
 appurtenances as hereinbefore directed — giving reasonable notice of 
 such sale — and so from time to time until such sale subject to the 
 And in the approval as aforcsaid Can be made: and in the meantime and until 
 S^appokTta such salc and the occupancy of the said Ferry by such Purchaser, to 
 kl^°the° appoint some fit person to discharge the duty of the said Ferry, ac- 
 perry. cordiug to the prescriptions of this Act. Provided always, that the 
 Contractor^ Coutractor so appointed shall give security by Bond to the Queen, 
 ji^give eecu j^jj^^ggj^ -j^ ^^ penal sum of one hundred pounds, and two sufficient 
 sureties to be in like manner approved, in the penal sum of Fifty 
 pounds each, for the due performance and discharge of the duties of 
 Amount of the Said situation. Provided fv/rther, that the amount of such approved 
 deduot°ed'' tender shall be deducted by the Public Treasurer in four equal sums, 
 oTSie Fer7y froD^ ^^ foi^^ Si's* Quarterly payments of the annual salary to be paid 
 Keeper. to the Contractor as Keeper of the said Public Ferry, as hereinafter 
 enacted, and that such Keeper of the Ferry shall be bound to reside and 
 Salary of the dwell at the Said Ferry, and shall be allowed an annual Salary of one 
 Keeper. hundred and fifty pounds, to be paid to him, out of any unappropriated 
 No"i7.f' monies in the Public Treasury, in four equal quarterly payments, up 
 to the last days of March, June, September and December respect- 
 ively, in every Year, upon producing to the Public Treasurer a War- 
 wanant°° ^^"* ®^^^ payment from the Governor or Officer administering the 
 and'rend'er- Govcmment, and also a quarterly account of all sums received by the 
 t?fiyac-" said Ferry Keeper and his Servants for ferryage and fares at the said 
 cejtefor"" ^^'■^7) ^'^^ account tobe proved before the Public Treasurer by the 
 ferryage. . Declaration of the said Ferry Keeper, according to the best of hig 
 
1846.] BERMUDA ACTS. 457 
 
 knowledge and belief. And if such Ferry Keeper shall wilfully make 
 
 a false Declaration therein, he shall, upon conviction thereof, be liable 
 
 to all the pains and penalties of perjury. Provided always, that any proviso. 
 
 Ferry Keeper, performing the duty of that OfSce, for a portion only 
 
 of any quarter, shall be entitled to be paid rateably for such portion fjj"^]'?' 
 
 of a quarter, upon producing a corresponding certiiicate and account, to be exciu- 
 
 Provided also, that the salary hereby allowed shall be exclusive of unde'/the"' 
 
 any Salary allowed or to be allowed to the Ferry Keeper under the ^°||^ °'^°* 
 
 Act relating to Post Offices. 
 
 III. And be it, &c., that the said Ferry Keeper shall be author- '^l'^'°\ 
 ized to demand and receive the following rates of Fares : — (that is to (s'eeil^,' 
 say) for every man, woman or child, for each time of passing the said ^°' "'^ 
 Ferry, one halfpenny ; — for every Horse, Mare, Gelding, Colt, Mule, 
 
 Ass, Ox, Bull or Cow, two pence for each time of passing the said 
 Ferry ; — for every Calf, Sheep, Goat or Hog and for every wheel bar- 
 row, for each time of passing the said Ferry, one penny ; — for every 
 Cart, two pence ; and for every Carriage (except Wheel barrows) four 
 pence, for each time of passing the said Ferry. "Which said Fares 
 shall be doubled for passing the said Ferry at night, after eight o'clock 
 between the first day of October and thirty-first day of March (both 
 days inclusive) and after nine o'clock, between the first day of April 
 and the thirtieth day of September (both days inclusive). And it 
 shall be lawful for the said Ferry Keeper, to demand payment of such 
 fares before admitting any Passenger, Beast, or Carriage into the 
 Ferry Boat — and when any Beast or Carriage shall at any time be left And for ta- 
 by any person in charge of the Ferry Keeper to be Kept in the Public onfeaste ^° 
 Stables or Carriage House at the said Ferry, such Ferry Keeper shall """ 
 be entitled to receive for his care thereof three pence per day, and 
 three pence per night, for so long a time as the same shall remain 
 under his charge at the said Ferry. 
 
 IV. And be it, &c., and declared, that during the continuance of Ferry 
 this Act, it shall be the duty of the said Ferry Keeper (when thereunto pas?pLsen- 
 required) to pass all passengers with their Baggage, Goods, and Chat- f^'> ''^'''^• 
 tels, and all such Carts, Carriages and Animals, as aforesaid across the 
 
 said Ferry, — and always to have in attendance at the said Ferry four And to have 
 fit and able bodied men, at the least, to perform the duties of the said a° ce'tour 
 Ferry. Provided always, that nothing in this Act contained shall be ™™ at least. 
 deemed to authorize the dispensing with the attendance of such addi- ^^d addi- 
 tional number of fit men, as may be at any time necessary for the safe ^^en'neces- 
 and convenient passing of passengers or Carriages across the said sary. 
 Ferry, — Provided also, ih2,t it shall be the duty of the said Ferry to paint and 
 Keeper to paint and whitewash or colour the Ferry House, Carriage S,''e'Sy'' 
 House, and Stables at the said Ferry, and their appurtenances, inside ^""^f^^^. 
 and outside, at his own expense, once in every Tear at the least, and to fore re'oeiv- 
 produce satisfactory proof thereof to the Public Treasurer, on or before "erilia™ 
 the first day of October in every Year : and the quarter's Salary up 
 -to the last day of September in every Year, shall not be paid, until 
 such proof be produced. And it shall also be the duty of the Ferry to pass the 
 Keeper to pass across the said Ferry free of charge (when required f^^t' tnd"' 
 within the usual hours) the Fort Adjutant and his Horse, and all non- f^^^^^^°^_ 
 commissioned Officers, and private Soldiers, when travelling upon 
 duty ; and it shall also be the duty of the Ferry Keeper to keep the 
 58 
 
 and Car- 
 riages. 
 
458 
 
 BEEMUDA ACTS, 
 
 [1846. 
 
 To keep cer- 
 tain public 
 Rooms fit 
 for travel- 
 lers. 
 
 To keep the 
 StableB and 
 Carriage 
 House Id a 
 fit state. 
 Proviso, as 
 to damage 
 by Hurri- 
 cane, &c. 
 
 Not to be 
 licensed to 
 
 Ferry Boats 
 to be ap- 
 praised, and 
 Perry Keep- 
 er to give se- 
 curity for 
 the value, 
 subject to 
 deductions. 
 
 Public Eoom in the north west part of the Ferry House and the cham- 
 ber adjoining thereto, in a state fit for affording temporary accommo- 
 dation at all times to persons who may meet with detention at the 
 Ferry, and to keep the Public Stable and Carriage House at the said 
 Ferry and the approaches thereto in a state fit for the purposes for 
 which they were intended. Provided always, that nothing herein 
 contained shall be construed to require the said Ferry Keeper to repair 
 any damage occasioned to any of the said Buildings by Hurricane or 
 other extraordinary accident. 
 
 ixuiio UB Y. And be it, &c., that it shall be unlawful for any license to be 
 
 seiiuquOTs granted to the Ferry Keeper, or to any other person to retail or sell 
 there. any spirituous Liquors, Wine, Beer or Porter at the said Ferry Hojisg. 
 
 VI. And whereas two Boats for passing Horses and CarriageB 
 across the said Ferry have been provided at the Public expense, be it 
 further enacted, that within twenty days after every appointment of a 
 Ferry Keeper, under this Act, the Public Treasurer shall cause the 
 said Boats to be appraised by three indifferent persons noniinated by 
 him, and that within ten days after such appraisement, the said Ferry 
 Keeper shall either deposit with or give Bond with sufl[icient Sureties 
 to the Public Treasurer in the Sum of Two hundred Pounds upon 
 Condition to account for and pay to the Public Treasurer, at the ter- 
 mination of his holding of the said Ferry, whether by death, resigna- 
 tion, removal or otherwise, the amount of the aforesaid appraisement 
 deducting therefrom the amount (if any) which the said Boats, in case 
 of their being delivered up by the said Ferry Keeper at the terniina- 
 tion of his holding of the said Ferry, shall be appraised at, by three 
 indifferent persons to be nominated by the Public Treasurer. 
 
 YII. And be it, &c., that any Keeper of the said Ferry failing in 
 the performance of any of the duties required of him by this Act, 
 shall be subject to be proceeded against in a summary way before any 
 two neighbouring Justices of the Peace, on the complaint of any 
 person whomsoever — and upon conviction of any such offence shall 
 and may be fined by such Justices in any Sum not less than twelve 
 Shillings nor exceeding three Pounds to the use of Her Majesty, Her 
 Heirs and Successors, besides the costs of prosecution : which Justices 
 shall certify the substance of such conviction to the Public Treasurer 
 for the time being — and it shall be the duty of the Public Treasurer 
 upon receiving certificates of three such convictions against any one 
 Ferry Keeper, forthwith to siispend and remove such Ferry Keeper 
 from his said employment, and the Public Treasurer is hereby author- 
 ized and required to proceed in the form and manner hereinbefore 
 enacted to obtain a suitable person to be Keeper of the said Public . 
 Ferry. And until such time, as some other person to be appointed as 
 aforesaid shall have entered on the duties of the Ferry Keeper, it shall 
 continue to be the duty of such Convicted Ferry Keeper to discharge 
 the duties thereof: and no conviction so as aforesaid made by any 
 Justices of the Peace shall be liable to be quashed for want of form 
 merely. 
 
 Vni. And to prevent any inconvenience to the Public from a 
 wilful keej)ing possession of the said Ferry, Ferry Houses, Boats and 
 
 Penalty on 
 Ferry-Keep- 
 er failing to 
 perform any 
 part of bis 
 Duty. 
 
 Convictions 
 to be certi- 
 fied to tbe 
 Treasurer, 
 and Ferry 
 Keeper 
 removed on 
 three Con- 
 victions. 
 
 And another 
 Keeper to be 
 appointed, 
 and duty 
 performed 
 in meantime 
 by the con- 
 victed Perry 
 Keeper. 
 
1846.] BERMUDA ACTS. 459 
 
 Appurtenances, after any new appointment of a Keeper thereof: Be After any 
 it further enacted, that the Public Treasurer be, and he hereby is au- p"„StSr 
 thorized and required, after any new appointment of a Ferry Keeper "^^^'^snl 
 under this Act, if the said Ferry, Ferry Houses, Boats and appnrte- wnt of pos- 
 nances, or any^ part thereof, shall be wilfully kept possession of by *'°"°°' 
 any former Ferry Keeper, or person let into possession thereof 
 by him, upon affidavit of the facts made before the said Treasurer, to 
 issue a "Writ, under his Hand and Seal, in the nature of a Writ of 
 Possession, directed to the Provost Marshal General of these Islands, 
 requiring him to eject the said former Ferry Keeper, or person let 
 into possession of the premises by such former Ferry Keeper, and 
 deliver possession thereof to such newly appointed Ferry Keeper, and 
 also to levy such costs, as are authorized in similar cases by the Act 
 iixing the rates of Fees, which costs are to be endorsed upon the said 
 "Writ, and the said Writ may be in the form following, or as near 
 thereto as may be consistent with the circumstances of the case (that 
 is to say) : 
 
 ViCTOEiA, by the Grace of God, of the "United Kingdom of Great ^™ °' 
 Britain and Ireland, Queen, Defender of the Faith, &c., &c., 
 &c. 
 
 To our Provost Marshal General of our Islands of Bermuda, or 
 his Deputy, Greeting : 
 
 Whereas A. B. lately keeper of the Ferry, commonly called the 
 Public Ferry, has been convicted three several times of neglect or 
 breach of duty as such Ferry Keeper, and Certificates of those Con- 
 victions have been returned by the Justices before whom they were 
 made, to the Public Treasurer of our said Islands : and the said A. B. 
 having been suspended from his appointment as Keeper of the said 
 Ferry — C. D. has been appointed Keeper of the said Ferry instead of 
 the said A. B., nevertheless the said A. B., or some person let into 
 possession thereof by him, still wilfully retains possession of the said 
 Ferry, Ferry Houses, Boats and appurtenances or some part thereof, 
 contrary to the Act in such case made and provided — as has been 
 proved on oath to our said Public Treasurer. — Therefore, we command 
 You, that without delay. You cause the said C. D. to have possession 
 of the said Ferry, Ferry Houses, Boats and appurtenances — and that 
 You levy the Sum of for the costs (hereon endorsed) out 
 
 of the Goods and Chattels, Lands and Tenements or other Real Estate 
 of the said A. B. and pay the same to the parties to whom the same 
 have been incurred — and in what manner You shall have executed 
 this our Writ make appear to our Public Treasurer without delay. 
 
 Witness our Public Treasurer of our said Islands 
 
 the day of in the Year of our 
 
 Lord 18 
 
 IX. And be it further enacted, that this Act shall commence in D^auon of 
 operation on the first day of October next, and shall continue in force ^ct. 
 until and throughout the thirty-first day of December, which will be in 
 the Year of our Lord one thousand eight hundred and forty Eight. 
 
 [Continued to the end of 1865, by Act of 1859, No. 10. 
 See also Acta of 1848, No. 17, and 1852, No. 10.] 
 
460 
 
 BERMUDA ACTS, 
 
 [1847. 
 
 1847. No. 11. 
 
 AN AOT for attaching the Money, Goods, Chattels, and Debts of 
 
 absent Debtors, 
 
 [3 August, 184Y.] 
 
 Preamble. 
 
 Parties after 
 entering Ac- 
 tion, filing 
 Affidavit, 
 with Ac- 
 count, and 
 giving Secu- 
 rity, may 
 obtain Writ 
 of Attach- 
 ment. 
 
 Form of 
 Writ, 
 
 "WHEEEAS persons having just Cause of Action at Law against 
 other persons absent from these Islands, are not able during such 
 absence to commence and prosecute their Actions, and thereby may 
 incur loss ; and to remedy such evil it has been found expedient from 
 an early period of the Settlement of these Islands to authorize and 
 regulate a method of attaching the Money, Goods and Chattels with- 
 in these Islands belonging to such Absentees : 
 
 I. "We, therefore, &c., and be it enacted, &c., that from and after 
 the passing of this Act, any Person having just cause of Action at 
 Law, exceeding the Sum of Six Pounds, against any other Person or 
 Persons then absent from these Islands, having entered his or her 
 Action in the Secretary's Office, in the manner heretofore accustomed, 
 and filed in the Office of the Prothonotary of the Court of General 
 Assize an affidavit of such Cause of Action, together with an account 
 in detail of the particulars of his or her demand, with the credits (if 
 any) by him or her admitted, and given sufficient Security by the joint 
 and several Bond of two Persons (of whom the Plaintiff may be one), 
 to the said Prothonotary in the Penalty of Two hundred Pounds, 
 conditioned for duly prosecuting such Action and for paying to the 
 Defendant and Garnishee or Garnishees, such damages, costs, and 
 sum or sums of money as may be awarded to them by the said Court, 
 shall then be entitled to sue out and obtain from the said Court a "Writ 
 of Attachment in the form following, to wit : 
 
 Beemttda, alias ) 
 
 SOMEES' ISLAJSTDS. ) 
 
 ViCTOKiA (or as the case may be), by the Grace of God, of the 
 United Kingdom of Great Britain and Ireland, Queen, 
 Defender of the Faith, &c., 
 
 To our Provost Marshal General of our said Islands, or his lawful 
 Deputy (or when the Marshal is interested, to the Coroner), 
 
 Greeting : 
 
 We command You to attach the Money, Goods and Chattels of, 
 and Debts due to G. D. in the hands of E. F. and G. or any or either 
 of them, in an Action of Trespass on the case on promises (or as it 
 may be), in bur Court of General Assize in our said Islands, at the 
 suit of A. B. against the said C. D., and we further command Tou to 
 return this "Writ, and make known what You shall do under the same, 
 to our Justices of our said Court, on the last Monday in 
 next. 
 
 Witness, the Honourable 
 
 Justice of our said Court, the 
 
 in the Year of our Lord 
 eight hundred and 
 
 day of 
 one thousand 
 
1847.] BERMUDA ACTS. 461 
 
 And such "Writ may be made returnable on the next or any sub- now retum- 
 sequent General Eeturn Day — and may be tested on any Day in or Sed."* 
 out of Term. And it shall be lawful for the Plaintiif or his Attorney Names of 
 
 several, and 
 
 addi- 
 
 to include in one such Writ the names of as many Garnishees as he „, 
 
 may think proper ; and after any such Writ may be issued, and at any *'™»'. War- 
 time before the return thereof, to require the Officer holding it to in- be inserted 
 sert the names of any additional Garnishees who, he may be informed, '° °°* ^"'' 
 have any money or effects of the Defendant, or are indebted to the No°Ittach- 
 Defendant. Provided always, that no proceedings under this Act "n™ 'acuJn" 
 shall be maintainable in any Action of Trespass vi et armis, or in any of irespaBs, 
 Action of Trespass on the case, save and except action of Trover, or verfSrCase 
 Action of Trespass on the case founded on matter of Contract. • °° ^'"''''*'='- 
 
 II. And be it, &c., that the Officer by whom such Writ is to be Mode of 
 served, shall serve the same upon the Garnishee or Garnishees therein ^jft"^ 
 named by shewing such Writ to such Garnishee or Garnishees, and 
 requiring him, her, or them to pay to such Officer any Debt due from 
 any Garnishee to any such Defendant, and to deliver to such Officer 
 all Money, Goods, Chattels of any such Defendant in the hands, pos- 
 session or power of any such Garnishee ; and shall exhibit unto 
 every such Garnishee a copy of the Interrogatories contained in the 
 Schedule A to this Act annexed, and require every such Garnishee 
 immediately to answer such Interrogatories upon oath or affirmation, 
 to be administered by the Provost Marshal General, or any one of Her 
 Majesty's Justices of the Peace in these Islands, (which oath or affir- 
 mation they are hereby severally authorized and required to adminis- 
 ter when thereunto requested) such answers to be reduced into 
 writing and signed by the Garnishee making the same ; and to be re- 
 turned, together with the said Writ, into the said Court of General 
 Assize ; and in case any Goods shall be found in the possession of any 
 Garnishee supposed to be the property of any such Defendant, but 
 denied so to be by such Garnishee — it shall be lawful for the Officer 
 serving the Writ, on the request of the Plaintiff or his Agent, to seize 
 the said Goods and detain the same for two days, and if within that 
 time surety shall be given on behalf of the Plaintiff to the Officer 
 serving the Writ, by the joint and several Bond of two sufficient per- 
 sons in double the amount of the .value of the Goods so seized (such 
 value to be ascertained by the said Officer in a summary way) then it 
 shall be lawful for the said Officer to hold the said Goods to abide the 
 further order of the Court : otherwise to deliver up the same to any 
 such Garnishee. 
 
 m. And be it, &c., that if any person served with any such Writ f™j,'|'^^^^ 
 of Attachment, as aforesaid, shall refuse to make and sign such answer, wnt, and 
 as is hereinbefore required, to the said Interrogatories, or shall refuse comply^ ° 
 either to pay and deliver to the Officer serving such Writ the money mayTe'Tm- 
 and other personal effects of any such Defendant, then being in any prisoned. 
 such Garnishee's possession or power, or due from any such Garnishee 
 to any such Defendant, or to give good security for so paying and de- 
 livering the same within twenty days, or shall refuse to give good 
 security by Bond of two sufficient persons to such Officer for such 
 Garnishee's personal appearance at the hearing of the cause at the 
 Assizes next after the return of the Writ, to answer such further Inter- 
 rogatories, and otherwise to do and receive as the Court may order, 
 
463 
 
 BERMUDA ACTS, 
 
 [1847. 
 
 Proviso. 
 G-arnishee 
 may pay 
 the demand 
 and be dis- 
 charged. 
 
 Proviso. 
 Garnishee 
 allowed fur- 
 ther time, 
 on giving se- 
 curity on 
 Debts ex- 
 ceeding £50, 
 
 Proviso : 
 Nor liable to 
 pay a Debt 
 attached 
 sooner than 
 20 days after 
 the time of 
 payment, if 
 not attach- 
 ed, 
 
 Poviso : 
 If a Vessel 
 be attached, 
 it may be re- 
 leased upon 
 security. 
 
 When the 
 cause is to 
 be tried. 
 
 Upon proof 
 of the Plain- 
 tiff 's de- 
 mand, Judg- 
 ment may 
 be entered 
 for the Debt 
 and Costs, 
 
 And the 
 Goods and 
 money at- 
 tached, ap- 
 plied under 
 Execution, 
 to satisfy 
 the Judg- 
 ment, 
 
 Garnishee 
 to attend 
 the Trial, or 
 before Cora- 
 missionei^s, 
 to answer 
 respecting 
 Debt or 
 Goods of 
 Defendant, 
 
 then, and in any or either of such cases, such person so refusing shall 
 be forthwith by such Officer conveyed to one of Her Majesty's Gaols 
 in these Islands, there to remain without bail or mainprize, until such 
 person shall have complied with all the requisites of this Act. Pro- 
 vided always, that if any person served with any such "Writ, as aforesaid, 
 shall pay unto the Officer serving the same the amount for which the 
 same shall have been issued, together with the costs taxable thereupon^ 
 such Garnishee shall be thereby discharged from all further proceed- 
 ings under the said "Writ. Provided also, that where the Debt due 
 from any such Garnishee to any such Defendant attached to answer 
 the Plaintiff, exceeds the sum of Fifty Pounds, such Garnishee shall 
 be allowed to give sufficient security for payment thereof in six calen- 
 dar months, instead of twenty days as above mentioned. Provided 
 also, that no person shall be liable to pay any Debt attached under 
 this Act at any time sooner than twenty days after such Debt would 
 have been payable if not attached — and when such Debt shall be pay- 
 able at a time more distant than six calendar months, the security for 
 payment thereof shall be taken accordingly. Provided also, that if 
 any Ship or Vessel shall be attached under this Act, it shall be lawful 
 for the Chief Justice, or any Assistant Justice, of the said Court, if he 
 shall think fit so to do, to release such Ship or "Vessel with its appur- 
 tenances from such Attachment, upon good security being given for 
 payment of the value thereof, or of so much of the value thereof, to 
 the Plaintiff, as shall be sufficient to satisfy any "Writ of Execution 
 which shall be issued on the said Attachment Suit. And such value 
 shall be ascertained by appraisement or otherwise, as such Chief or 
 Assistant Justice shall order. 
 
 IV. And be it, &c., that every Cause upon such "Writ of Attach- 
 ment, as aforesaid, shall be heard, tried, and determined at the said 
 Court of General Assize in the same Term in which the "Writ shall 
 be returnable, if six calendar months shall then have elapsed since 
 the departure of the Defendant from these Islands, as hereinafter men- 
 tioned ; unless postponed at the request of any Garnishee, for some 
 sufficient reason to be allowed by the Court ; or unless tried at a Special 
 Court as hereinafter provided : And that upon every such trial at 
 the Assizes, or at any special or other Court, upon proof of the Plain- 
 tiff's demand, judgment may be entered for the Plaintiff against the 
 Defendant for the amount found by the Jury, together with costs of 
 Suit, in like manner as in Ordinary Cases where Defendant has been 
 served with process and makes default in appearance ; and upott such 
 judgment the Goods and Chattels attached and received by the Officer 
 serving the "Writ, may be sold under Execution, and the proceeds 
 thereof together with the money received by the Officer, or so much 
 thereof as may be sufficient, applied in satisfaction of such Judg- 
 ment. 
 
 "V. And be it, &c., that upon every such Trial, either at the 
 Assizes or at any special Court, every Garnishee shall be bound to 
 attend at the trial (or in ease of age, infirmity or sickness disabling 
 him from attending such Trial, then before a Commissioner to be ap- 
 pointed by the Court) to answer upon Oath (or affirmation if a Quaker) 
 such Questions as the Court may deem proper for ascertaining the 
 amount of such Garnishee's Debt to the Defendant and of Defendant's 
 property in Garnishee's hands, possession or power, at the time of 
 
1847.] BERMUDA ACTS. 46S 
 
 serving sucli "Writ, or which, being in Garnishee's hands previous 
 thereto, had been paid, discounted or transferred to any ot];ier person 
 for the pxirpose of evading such Attachment : And if upon such And if in- 
 Trial, any Garnishee shall be found by the Jury to be indebted to, or or p'os'less- 
 to have in his or her hands, possession or power, any Money or EiFects jjf^ */i', 
 of the Defendant, or to have paid, discounted or transferred to any Defendant, 
 other Person any such Money or effects for the purpose of evading the amount 
 such Attachment, then judgment to the amount of the value thereof *•'«'■«'''■ 
 may pass against such Garnishee ; and such Garnishee, his Goods and 
 Chattels, Lands and Tenements, shall be liable to be proceeded against 
 for the amount of such value, and of such costs as shall be taxed 
 thereon by the said Court, in like manner as persons in general 
 are liable to be proceeded against in judgments against them for their 
 own proper debts, — and in case any Garnishee shall be about to depart Garnishee 
 from these Islands before such Trial, and shall Petition the Chief or fbrold, 
 Assistant Justices of the Court for that purpose, and such Garnishee "jj^t'j^^a- 
 shall give surety to the Plaintiff by the joint and several Bond of two ance at 
 sufficient persons in double the amount of the sum sued for, eondi- pensed with, 
 tioned for paying to the said Plaintiff such amount as the Garnishee gecSityf 
 may be adjudged to pay with Costs,^it shall be lawful for the Chief l^^^^^j^ 
 Justice, or in case of his absence from these Islands, or inability to before a 
 attend, or being interested in the matter, or in case the Office be vacant, ''"''^^' 
 for any Assistant Justice of the said Court, if such Chief or Assistant 
 Justice shall think fit so to do, to take the oral examination of such 
 Garnishee at Chambers, upon oath or affirmation as aforesaid, in the 
 presence of the Plaintiff or his Counsel, or upon four Days notice to 
 the Plaintiff or his Attorney of such examination, and thereupon to 
 dispence with the attendance of such Garnishee on such Trial, — and 
 such examination so taken shall be as valid and effectual evidence in 
 case such Garnishee be then absent from\these Islands, or not known 
 to the Plaintiff to be within these Islands — as if such Garnishee had 
 appeared upon the Trial, and sworn or affirmed to the matter therein 
 contained, viva voce in open Court,'— and the Judge who takes such 
 examination shall deliver the same to the Prothonotary to be filed 
 with the Pleadings in the Cause — and such Judge shall certify upon 
 such deposition the parties attending, and the proof upon oath of due 
 service of notice if any party made default : and perjury in such 
 deposition shall be punishable as wilful and corrupt perjury in Courts 
 of Eecord is punishable. 
 
 VI. And be it, &c., that if the Defendant shall be indebted to the Garnishee 
 Garnishee, such Garnishee shall be entitled to retain and keep in his S^Debt"" 
 or her hands so much of Defendant's money, Goods or Chattels as will se"? and^e 
 satisfy such Debt : and that in ascertaining the amount of any Debt aiioVed set 
 due from the Garnishee to the Defendant, mutual demands shall be ° ' 
 allowed and set off : and that in any action which may be brought tnow^itlr 
 after any such Attachment, by any such Defendant against any such p*J^™*^ 
 Garnishee, such Garnishee shall be allowed for all such Sums of tachment, 
 Money, Goods and Chattels as he or she may have paid or delivered foDe^d- 
 under any such "Writ of attachment, in like manner as if the same had *"'• 
 been paid or delivered to such Defendant himself : and that where Ana not ua- 
 the Debt due from any such Garnishee to the Defendant in the attach- Debt°sr^ 
 ment suit arises or is secured by any Bill of Exchange, Promissory negwiabie 
 
464 
 
 BERMUDA ACTS, 
 
 [1847. 
 
 Instrument, 
 until proof 
 that it had 
 not been 
 negotiated 
 by Defend- 
 ant pre- 
 viously. 
 
 If Plaintiff 
 dispute the 
 amount of 
 Assets in 
 Garnishee's 
 hands, and 
 it appear on 
 the Trial, 
 that Grar- 
 nishee had 
 fully dis- 
 closed and 
 offered to 
 pay the As- 
 seta, Gar- 
 nishee to 
 recover 
 Costs. 
 
 Garnishee 
 making de- 
 fault in at- 
 tending the 
 Trial, Ac, 
 to be liable 
 to Satisfy 
 the demand 
 and Costs. 
 
 Defendant 
 or Gar- 
 nishee un- 
 justly ag- 
 grieved, 
 may recover 
 reasonable 
 compensa- 
 tion with 
 Costs. 
 
 Before Exe- 
 cution is- 
 sued in any 
 Attachment 
 Suit, secu- 
 rity to be 
 given for 
 such Com- 
 pensation. 
 
 Security 
 Bonds as- 
 signable to 
 the party 
 grieved. 
 
 note or negociable Instrument made or endorsed by such Garnishee, 
 such Garnishee shall not be liable to pay the Debt so attached in his 
 hands until satisfactory proof be given that such Bill, Note or I^ego- 
 ciable instrument had not been negociated by Defendant for a valuable 
 consideration previously to such attachment. 
 
 VII. And be it, &c., that if on the Trial the Plaintiff shall dispute 
 the amount of any Garnishee's Debt to the Defendant, or of the De- 
 fendant's money, Goods, Chattels or Effects in the Garnishee's hands, 
 possession or power, or of the Defendant's Debt to the Garnishee, and 
 it shall appear on the Trial that the Garnishee had, before the trial 
 fully disclosed and offered to pay and deliver' to the Plaintiff, or the 
 Officer Serving the Writ, all such Debt, Money, Goods, Chattels and 
 Effects, as he was liable to pay or deliver, then and in such case the 
 Garnishee shall recover costs to be taxed, levied, and enforced as in 
 ordinary cases of Defendants recovering Cost. 
 
 YIII. And be it, &c., that if any Garnishee shall make default 
 in attending any such trial as aforesaid, or shall attend such trial but 
 refuse to answer any such question as aforesaid, put to him by author- 
 ity of the Court, such Garnishee shall be adjudged, deemed and taken 
 to have in his or her hands sufficient money of the Defendant to satisfy 
 the Plaintiff's demand and costs in such action, and judgment to the 
 amount thereof may pass against such Garnishee and be enforced 
 accordingly. 
 
 IX. And be it, &c., that in case any Defendant or Garnishee shall 
 be unjustly aggrieved in any such Attachment suit, it shall be lawful 
 for him or her, or his or her Executors or Administrators, at any time 
 within two Tears next after judgment obtained in such attachment 
 suit to commence an action, for money had and received to his use 
 against the Plaintiff in such Attachment Suit, his or her Executors or 
 Administrators ; and if such Plaintiff, his Executors or Administrators 
 be not then found in these Islands, service of process upon such Plain- 
 tiff's Sureties, their Executors or Administrators shall be deemed good 
 service ; and if it shall be proved in such action for money had and 
 received, that the Defendant or Garnishee in the Attachment Suit 
 was unjustly aggrieved, Judgment shall pass in such Action for money 
 had and received, against the Plaintiff in the Attachment Suit, his or 
 her Executors or Administrators for such an amount as shall reason- 
 ably compensate such grievance, with costs of suit : and before, execu- 
 tion shall be issued in any Attachment as aforesaid. Security by the 
 
 i'oint and several Bond of two sufficient persons shall be given to the 
 i^rothonotary of the said Court by, or on- behalf of the party suing 
 out such Execution in double the sum sued for, to pay the Defendant 
 or Defendants, the Garnishee or Garnishees, or their or any of their 
 Executors or Administrators, all such Sums of Money as may be ad- 
 judged for compensation, as aforesaid, with costs of suit. 
 
 X. And be it, &c., that if any Bond given as Security under this 
 Act, shall be forfeited, the same may be assigned to the party ag- 
 grieved, his or her Executors or Administrators, and by him, her or 
 them, put in suit and enforced in his, her or their own names. 
 
1847.] BERMUDA ACTS. 465 
 
 XI. And be it, &c., that if iu any case in whicli a Writ of Attach- within spec- 
 ment shall have been served on any Garnishee, such Garnishee shall Mdif'the''' 
 be desirous of having the cause tried or the question as between the 1'^%^^^"" 
 Defendant and such Garnishee tried before the expiration of Six Cal- niBi.eemay 
 endar months from the time of the departure of the Defendant from special sit- 
 these Islands — it shall be lawful for the Oliief Justice, or in case of cofrtfo?* 
 his absence from these Islands, inability to attend, or being interested the Mai 
 in the matter, or in case the office be vacant, for any two Assist- cause, or of 
 ant Justices of the Court of General Assize, if such Chief or Assistant b'ltwTen"'''' 
 Justices shall see fit so to do, to authorize the trial of such cause, or of ^^^^^^^ 
 the question between the Defendant and such Garnishee, either at the 
 then next ensuing Court of General Assize, or to authorize and order 
 a special Sitting of the said Court for such or either of such purposes, 
 and to order such Writ to be returned either to such next ensuing 
 Court or at such special Court, as the case may be — and in case of 
 such Special Court to require the attendance thereat of a Jury to be 
 summoned from the neiglibourhood : and such cause or such question 
 may be tried at such Special Court and proceeded in as in the ordinary Proviso. 
 Court of General Assize, — Provided, however, that no execution shall tion to^hsue 
 issue in any case whatever, whether in the ordinary or Special Court, ^ontha'af- 
 until the expiration of Six Calendar Months from the departure of ter Defend- 
 any such Defendant, unless by the special authority of the Court or parture, nn- 
 Judge or Judges at Chambers, when it shall appear expedient, and So?^to!' 
 not inconsistent with the interest of any party or parties concerned ; pay of ju- 
 and the pay of the Jurors and Constables attending such special Court constrbiea 
 shall be borne by the Garnishee applying for the same : and before at special 
 any order shall be made for holding such special Court as aforesaid, bome by 
 such Garnishee shall either deposit with the Prothonotary the sum of ^KtrJe- 
 Fifty Pounds, or give security by the joint and several Bond of two posit money 
 sufficient persons, for payment of the same at the time of holding such nty for the 
 Court. ^ ' ^ ■' 
 
 XII. And be it, &c., that the Money, Goods, Chattels and Effects f^^^^"'^'^'" 
 of any Defendant in the hands of such Defendant's Wife, Attorney, of°De*end- 
 Trustee, Consignee, Factor, Clerk, or other Servant or Agent may be luor^y'^' 
 attached by virtue of this Act. attached.''^ 
 
 Xm. And be it further enacted. [This Section repealed and 
 another substituted by 1859, No. 12, § 1.] 
 
 XIY. And be it, &c., that in every such Attachment Suit it shall 
 be competent for the Garnishee, if he sees fit so to do, to cause an mayTuthor- 
 appearance to be entered for, and the suit to be defended in the name ance'and' 
 of the defendant; and in such cases the manner of proceeding shall defence for 
 be similar to that observed in ordinary cases of contested suits. 
 
 XY. And be it, &c., that either the Plaintiff or Defendant, his 
 or their Attorney or Attornies, or the Garnishee may appeal from the "^^il^^i^^ 
 judgment of the said Court of General Assize unto the Court of Errors, or sar- 
 and shall and may prosecute and carry on such appeal in manner and applai to*^ 
 form, and under the like limitations and restrictions as are allowed in ^^^°° 
 other cases of Appeal from the said Court of General Assize to the said 
 Court of Errors. 
 
 XYI. And be it further enacted. [Repealed. See 1854, No. 
 
 4, § 2.] 
 
 59 
 
466 
 
 BERMUDA ACTS. 
 
 [1847. 
 
 Trial, &c., 
 to proceed, 
 although 
 Defendant 
 should ar- 
 rive, or this 
 Act expire. 
 
 Temporary 
 Acts of 1834 
 and 1886, 
 repealed. 
 
 Duration. 
 
 XVII. And be it, &c., that if after the service of any Writ of 
 Attachment the Defendant or Defendants shall arrive within these 
 Islands or this Act shall Expire before Judgment given in such At- 
 tachment Suit, nevertheless it shall be lawful for the trial to i)roceed 
 and Judgment to be given, and Execution issued and enforced in such 
 Suit in the same manner and form as if the Defendant had not arrived 
 or this Act had not expired. 
 
 XYIII. And be it, &c., that the Act intituled " An Act for at- 
 taching the Money, Groods, Chattels, and Debts of Absent Debtors," 
 which was passed by the Legislature of these Islands in the Year of 
 our Lord one thousand, Eight hundred and thirty four, for a limited 
 period of time, and was further continued by another Act, passed in 
 the Year of our Lord one thousand Eight hundred and thirty six be, 
 and the same hereby is repealed : except as to suits commenced before 
 the passing of this present Act, which may be proceeded in to judg- 
 ment and execution, as if the said Act passed in Eighteen hundred 
 and thirty four were continued in force. 
 
 XIX. And be it, &c., that this present Act shall be and continue in 
 force for Seven Years from the passing thereof, and thence to the end of 
 the next Session of the Legislature, and then to determine and expire. 
 
 SCHEDULE A. 
 
 Interrogatories to be answered hy the Oarnishee in an Attachment 
 Suit, hetween A. B. Plaintiff, and G. D. Defendant. 
 
 1. — Had Yon, at the time of the Service of the Writ in this Suit 
 any, and if any, what Money, Goods, Chattels, or Effects, of the 
 above named Defendant or Defendants, in Your Hands, possession or 
 power ? 
 
 2. — Have Yon within six months next before the service of the 
 Writ, in this Suit, had any, and if any, what Money, Goods, Chattels 
 or Effects of the said Defendant or Defendants, in Your Hands, Pos- 
 session or power, and how, and to whom, and when, and by whose 
 direction, have You disposed thereof? 
 
 3. — Were You at the time of the service of the Writ in this Suit, 
 indebted to the said Defendant or Defendants in any, and what 
 amount, upon any and what account ? 
 
 4. — Have You within six months^next before the service of the Writ 
 in this Suit, been indebted to the said Defendants, and if so, to what 
 amount, and how, and to whom, and when, and by whose direction 
 have You paid, transferred, discounted or reduced such Debt ? 
 
 5. — Have You paid or delivered any Money, Goods, or Effects, 
 transferred, discounted, or reduced any Debt, with the view, or for the 
 purpose of preventing the same from being attached in any Suit 
 against the Defendant or Defendants, if so, state particularly what 
 You have so paid or delivered, transferred, discounted or reduced, and 
 to whom and when and by whose direction ? 
 
 [Continued to the end of 1864, by Act of 1854, No. 4. — Amended by that Act, and by 
 Act of 1859, No. 12.] 
 
1847.] BERMUDA ACTS. 467 
 
 1847. No. 12. 
 
 AN ACT to render trcms^ported Convicts liable to additional terms of 
 Labour at the Convict Establishments at these Islands in cases of 
 Conviction of Offences for which they may be liable to Transj)or- 
 tation from the said Islands. 
 
 [10 Angust, 1847.] 
 
 "WHEEEAS by an Act of the Imperial Parliament passed in the Preamble. 
 Sixth year of the Eeign of His late Majesty King George the Fourth, 
 intituled " An Act for Punishing Offences committed by Transports 
 kept to Labour in the Colonies, and better regulating the powers of 
 Justices" of the Peace in New South Wales," it is, amongst other things, 
 enacted that every offence committed by any male offender kept to 
 labour in any part of His Majesty's Dominions out of England, under 
 and by virtue of the provisions of an Act intituled " An Act for the 
 transportation of Offenders from Great Britain" — whether such offence 
 shall be Treason, Felony or Misdemeanour, by the Law of England, 
 shall be an offence of the same quality, degree and denomination, and 
 shall be attended with the same punishment and consequences where- 
 soever such offences shall be committed by such male Offender while 
 so kept to labour as aforesaid, as if the same were committed Avithin 
 England. — And whereas some of such Offences are punishable by 
 Transportation — and whereas it is conceived that such offences may 
 be more effectually checked if a discretion be vested in the Courts of 
 the Colony to siibject such Offenders to additional terms of labour at 
 the Convict Establishments at these Islands : 
 
 I. We, therefore, &c., and be it enacted, etc., that in every case ^^^^^°l^_ 
 in which any offence shall be committed within these Islands by any mittedby 
 such male Offender transported to these Islands by virtue of the afore- er transport- 
 said Act intituled " An Act for the Transportation of Offenders from ^nd pun- 
 Great Britain," to which the punishment of Transportation shall orishaweby 
 may be annexed by any Act of the Imperial Parliament now or here- tion.The'* 
 after to be passed, it shall and may be lawful for the Court in these fenTen^e"^ 
 Islands taking cognizance of the offence, to sentence such offender *ij^°*^™^|"" 
 either to be transported according to the provisions of the Act or Acts transported 
 of the Imperial Parliament applying to his offence, or instead thereof tailed or ^ 
 to sentence such Offender to be detained or kept to labour, at any boSlVtL 
 Establishment within these Islands for Convicts transported from ''™?^^'^^; 
 Great Britain, for any term or period of time for which such Offender here', for 
 might have been transported from these Islands by virtue of any such tem'tl't^"^ 
 -Act of the Imperial Parliament; such additional term of labour to ^'^"Jj^^ 
 commence from and after the determination of the Term to which he been trans- 
 might have been previously sentenced or subject — and that such p""''^''- 
 Offender so sentenced to such additional term of Labour shall, at any 
 sucli Convict Establishment, be considered, dealt with and treated in 
 every respect whatsoever, in the same manner to all intents and pur- 
 poses as when in custody or at such Establishment by virtue or in con- 
 sequence of any former sentence passed on him. 
 
468 
 
 BERMUDA ACTS. 
 
 [1847. 
 
 1847. No. X4. 
 
 AN ACT to continue and amend the Act " For improving the Police 
 in and near the Towns of Hamilton and St. Oem'ge, and for 
 other purposes.''^ 
 
 ■^ [18 August, 1847.] 
 
 Penalty on 
 casting 
 Carcases of 
 Animals into 
 the Har- 
 bours, or 
 Euffering 
 them to 
 drift about. 
 
 Preamble. "WHEKEAS the Act intituled " An Act for improving the Police 
 
 in and near the Towns of Hamilton and Saint George and for other 
 purposes" — was passed by the Legislature of these Islands in the Year 
 of our Lord one thousand Eight hundred and forty four, for a limited 
 period, and it is expedient to continue the same for a further period 
 with the amendments hereinafter contained : 
 
 MDt^uei*' ^- ^^' therefore, &c., and be it enacted, &c., that the said Act, 
 the title whereof is above recited, be, and the same hereby is contin- 
 ued in force during the continuance of this present Act — with the 
 amendments hereinafter contained. 
 
 II. And be it, &c., that every person who shall cast or sink, or 
 cause to be cast or sunk, the Carcase or any part of the carcase of any 
 dead animal into the Harbour of Hamilton, or the Harbour of Saint 
 George, or shall suffer the Carcase or any part of the Carcase of any 
 dead animal which at the time of its death (and whether cast into the 
 Sea either dead or alive) was belonging to or under the charge of such 
 person, to drift about the Harbour of Hamilton or the Btarbour of 
 Saint George, and shall be convicted of any such offence, before a 
 Police Magistrate or any other Justice of the Peace, shall forfeit and 
 pay for every such offence a penalty of not exceeding Forty Shillings 
 besides costs of prosecution, to be recovered and applied in like man- 
 ner with other penalties under the said Act, the title whereof is above 
 recited ; and in default of payment every such offender shall be im- 
 prisoned for any term not exceeding twenty days : and that for the 
 purposes of this Clause of this Act the Harbour of Hamilton shall be 
 deemed to include all the Sea to the Eastward of Port's Island, and 
 extending ISTortherly the Southern Shores of Pembroke Parish and 
 Southerly to the Northern Shores of Paget's Parish and Warwick 
 Parish : and the Harbour of Saint George shall be deemed to include 
 all the Sea, from the Eastern extremity of Saint David's Island to the 
 "Western extremity of Saint George's Island, extending northerly as 
 far north as the northernmost shores of Saint George's Island, and 
 southerly as far south as the Castle Island. 
 
 III. And be it, &c., that every person who while bathing in a 
 Public place in any part of these Islands, shall be guilty of indecent 
 exposure of his or her person — shall on conviction thereof before any 
 two Justices of the Peace, be liable to a penalty of not more than 
 twenty four shillings, together with costs of Prosecution, and in de- 
 fault of payment to be imprisoned for any term not exceeding ten 
 days. 
 
 Provost IV. And be it, &c., that the Provost Marshal General shall not 
 
 General bc allowcd any Fee for receiving any prisoner into custody and com- 
 nottohave fitting the samc to Gaol, who shall be committed to Gaol by any 
 
 Limits of 
 the Har- 
 bours. 
 
 Penalty on 
 indecent ex- 
 posure of 
 the person 
 while bath- 
 ing. 
 
1847.] BERMUDA ACTS. 469 
 
 Police Magistrate or Justice or Justices of the Peace for any offence on«s'fo?'^' 
 against this Act or the said Act passed in the Tear one thousand Eight Pouce of- 
 
 ijij^j.i> fences. 
 
 hundred and forty tour. 
 
 Y. And be it, &c., that in case of any Police Magistrate being Police Mag- 
 appointed after the passing of this Act, instead of the oath appointed oa'th?'° 
 by the said Act passed in one thousand eight hundred and forty four 
 to be taken by Police Magistrates — the Oath to be taken shall be as 
 follows : (that is to say)— I, A. P., do swear that I will faithfully, im- 
 
 {)artially and honestly, according to the best of my skill and know- 
 edge, execute all the powers and duties of a Justice of the Peace 
 under and by virtue of the Act intituled " An Act for improving 
 the Police in and near the Towns of Hamilton and Saint George, and 
 for other purposes," and of any Act or Acts in amendment thereof. 
 
 VI. And be it, &c., that the fines and forfeitures imposed by the Fines, in- 
 said Act passed in the Tear one thousand eight hundred and forty jng^pued" 
 four, or the present Act, (except such as may be imposed imder the „{ thePar- 
 twenty fourth section of the said Act passed in one thousand eight ishes.tobe 
 hundred and forty four), instead of being applied as in that Act is puwio" " 
 mentioned, shall, when recovered, be paid into the Public Treasury of '^''«''™'y- 
 these Islands, to be applied towards the support of the Government of 
 
 these Islands in such manner as already has been or hereafter may be 
 authorized by the Legislature, and that offenders summarily convicted Andoifend- 
 before a Police Magistrate of any offence under the said Act passed Ma^t?afe's 
 in one thousand eight hundred and forty four, or the present Act, are^S'to 
 shall be liable to be sentenced to pay the Magistrate's Fees ; such fees !>« p^'d '°"> 
 when recovered, to be paid into the Treasury, to be applied in like '^^'^'^' 
 manner as penalties which may be recovered. 
 
 VII. Whereas adjoining the Streets in the said Towns of Hamil- ofifences 
 ton and Saint George there are many open Galleries and Areas or in th™op^n 
 Spaces reserved for Galleries and for approaches to the neighbouring ^reaYad-"'^ 
 houses; and it is expedient that loose, idle and disorderly persons, joining the 
 loitering or committing nuisances therein, should be liable to be pun- made pun- 
 ished in like manner as if they had committed similar offences in the c^mitted'' 
 Street, be it enacted that every person who in any open Gallery, Area in the street. 
 or Space reserved for a Gallery or for approaches to any House, and ad- 
 joining to any Street, Lane or Public Thoroughfare, within the limits 
 
 of either of the said Towns, shall do or commit any act which if done 
 or committed in any Street, Highway or Public Thoroughfare within 
 those limits would have been an offence punishable under the ISTinth 
 Section of the said Act passed in one thousand Eight hundred and 
 forty-four, upon conviction thereof, shall be deemed a loose, idle, and 
 disorderly person within the meaning of this Act. 
 
 VIII. And be it, &c., that this Act may be amended, altered or This Act 
 repealed by any Act to be passed in this present Session of the Legis- amended, 
 
 IntnrP &c. in this 
 
 IdlUre. Session. 
 
 IX. And be it, &c., that this present Act shall be construed to And to be 
 be one Act with the said Act passed in the Tear one thousand Eight p°°f„7^*j*' 
 hundred and forty-four, and that all the provisions of that Act (except otisu. 
 
 so far as herein otherwise provided) shall extend to this Act, and to 
 
470 
 
 BERMUDA ACTS. 
 
 [1847. 
 
 Duration, 
 
 all tliin2;s done in execution of this Act, and that the said A^t passed 
 in the Year one thousand eight hundred and forty-four, with the 
 amendments herein contained, shall be and continue in force until and 
 throughout the first day of October, which will be in the Year of our 
 Lord one thousand eight hundred and forty-nine. 
 
 [Continued to end of 1868, by Act of 1851, No. 19.] 
 
 1847. No. 15. - 
 
 AN ACT for abolishing Certain Fees on Shipping, and tJie Crews 
 and Passengers therein, and for making a provision in lieu 
 thereof to His Excellency Charles Elliot, Esquire, Governor and 
 Commander in Chief, and to the Honourable Robert Kennedij, 
 Secretary of these Islands. 
 
 [1 September, 1847.] 
 
 Preamble, 
 reciting Act 
 of 1694. 
 
 Fees to the 
 G-overnor 
 and Secre- 
 tary, under 
 tliat Act, 
 and for en- 
 tering Ves- 
 Bels, &c., 
 abolislied. 
 
 WHEREAS by an Act of the Governor, Council and Assembly 
 of these Islands, passed in the Year of our Lord one thousand six hun- 
 dred and ninety four, intituled " An Act for settling the Governor's 
 and all his Officers' fees," certain fees therein mentioned are allowed' 
 to the Governor and the Secretary of these Islands, with relation to 
 the departure of Yessels from these Islands, and the Passengers and 
 Crew therein : and whereas for a long course of Years, in the time of 
 the present and of preceeding Governors and Secretaries, it has been 
 usual for the Owners or Masters of Vessels, and Passengers therein, 
 on their departure from these Islands, and clearing from the Secre- 
 tary's Office, to pay certain fees for the use of the Governor and Sec- 
 retary for the time being, of larger amount than those settled on them 
 by the said Act, passed in the Year one thousand six hundred and 
 ninety four ; which fees so usually paid, amount on an average of 
 three Years, to the annual sums of one hundred and twenty-four 
 pounds, sixteen shillings and seven pence for the Governor — and one 
 hundred and fifty nine pounds, two shillings for the Secretary. And 
 Whereas it is deemed expedient to abolish the said fees under the said 
 Act — and to make such other provision for the present Governor and 
 Secretary, during their tenure of office respectively, as is hereinafter 
 expressed : 
 
 I. We, therefoi-e, &c., and be it enacted, &c., that from and after 
 the commencement of this Act, no fees whatever shall be payable to 
 the Governor of these Islands, or to the Secretary of these Islands, for 
 a Sea Brief, Let Pass, Plantation Bond, or Permit to the Forts, for any 
 Yessel about to depart from these Islands, nor for a Ticket for any 
 Passenger in, or Crew of, any such Yessel, but that all such fees, under 
 the said Act of the Legislature, and all fees to the Governor and Secre- 
 tary for or in respect of the entering, clearing and reporting of any 
 Yessel arriving at or departing from these Islands (other than such 
 fees as are authorized by this present Act) shall be and the same hereby 
 are wholly repealed and abolished. 
 
1847.] BERMUDA ACTS. 471 
 
 II. And be it, &c., that from and after the commencement of this Fees on vcs- 
 Act, and during the tinie that His Excellency Charles Elliot, Esquire, presenf* 
 the present Governor and Commander-in-Chief of these Islands shall Governor, 
 continue to be such Governor and Commander-in-Chief, there shall be 
 
 paid to him the following fees : that is to say — for every Vessel about 
 to depart from these Islands, which shall clear outwards- from the 
 Office of the Public Treasurer or the Custom House, the sum of four- 
 teen shillings of lawful money of Bermiida — and for every Vessel 
 which shall report outwards from the Office of the Public Treasurer, 
 or the Custom House, the sum of seven shillings of like money. 
 
 III. And be it further enacted, that from and after the commence- Ana to the 
 ment of this Act, and during the time that the Honourable Eobert Kry. 
 Kennedy, the present Secretary of these Islands, shall continue to be 
 
 such Secretary, there be paid to him the following fees : that is 
 to say, for every Vessel about to depart from these Islands, which 
 shall clear outwards from the Office of the Public Treasurer, or the 
 Custom House, the Sum of Sixteen Shillings, of lawful money of Ber- 
 muda, and for every Vessel which shall report outwards from the 
 Office of the Public Treasurer, or the Custom House, the Sum of Eight 
 Shillings of like money. 
 
 IV. And be it further enacted, that the fees hereinbefore men- Howpaya- 
 tioned to be paid to the present Governor and Secretary respectively, ooverabfe. 
 during their tenure of Office, shall be paid to the Public Treasurer or 
 
 his lawful Deputy, for the use of the said Governor and Secretary 
 respectively, by the Master, Owner, or Consignee of every Vessel 
 about to depart from these Islands, and rejjorting outwards or clearing 
 either from the Treasurer's Office, or from the Custom House, at the 
 time of so reporting outwards or clearing ; and it shall be the duty of 
 the Public Treasurer, or his lawful Deputy, to receive and collect such 
 fees, and to pay over the same to the said Governor and Secretary : 
 and in default of payment thereof by the Master, Owner or Consignee 
 of any Vessel liable to pay the same, it shall be lawful for the said 
 Treasurer or his lawful Deputy to sue for and recover the same, with 
 costs, from any such Master, Owner, Part Owner, or Consignee, before 
 any Justice of the Peace in any Parish in these Islands, (whether the 
 Defendant be resident in such Parish or not) in like manner as Debts 
 not exceeding Three Pounds are recoverable, and with the like right 
 of Appeal : or in default of payment of any such fees, the said Treas- 
 urer or his lawful Deputy, or such person as either of them shall ap- 
 point in that behalf, may seize, take and carry away (notwithstanding 
 any right of hypothecation or other right whatsoever) any of the 
 Goods, Merchandize, Guns, tackle, furniture. Boats, or apparel of, or 
 belonging to, or on board of any Vessel, in respect of which such fees 
 shall have become due, (leaving notice of the seizure of the same on 
 board of such Vessel), and detain the same for the space of three full 
 days then next following, unless the said fees due in respect of such 
 Vessel shall in the mean time be satisfied : and in case such fees shall 
 not, before the expiration of such three days have been satisfied, then 
 the said Treasurer or his lawful Deputy, or such person as either of 
 them shall appoint in that behalf, may cause the same Goods so seized 
 to be sold by Public Outcry, and out of the proceeds of such sale, pay 
 
472 
 
 BERMUDA ACTS. 
 
 [1847. 
 
 Treasurer's 
 remunera- 
 tion. 
 
 Until this 
 Act comes 
 into opera- 
 tion, Fees 
 under 1694 
 may be de- 
 manded. 
 
 Plantation 
 Bonds and 
 Passengers' 
 tickets, dis- 
 continued. 
 (See 1844, 
 No. 18.) 
 
 Appoint- 
 ment of Dep- 
 uty Secreta- 
 ry at St. 
 George's to 
 cease. 
 
 the amount of the said fees . due in respect of such Vessel, together 
 with the reasonable Charges of the seizure, detention and sale,"render- 
 ing to the Master, Owner, or other person having the conimand of 
 such Vessel, the overplus (if any) on demand. And the said Treas- 
 urer shall be entitled to receive as his remuneration for collecting such 
 fees payable by the Masters, Owners and Consignees of Vessels, and 
 keeping the account of and paying over the same, an allowance at and 
 after the rate of five per centum on the amount thereof, to be paid to 
 him out of the Public Treasury of these Islands. 
 
 V. And be it, &c., that notwithstanding any thing in this present 
 Act contained, it shall be lawful for the said Governor and Secretary to 
 demand, receive and recover from the Masters, Owners or Consignees 
 of any Vessels which shall have reported outwards or cleared as afore- 
 said since the first day of February, one thousand eight hundred and 
 forty-seven, up to the time when this Act shall come into operation, 
 any fees which the said Governor or Secretary may lawfully be en- 
 titled to receive from them under the said Act passed in the Year one 
 thousand six hundred and ninety-four. 
 
 VI. And be it, &c., that from and after the commencement of this 
 Act, the practice of giving Plantation Bonds at the Secretary's Office 
 on the departure of Merchant Vessels from these Islands, and of taking 
 out Tickets from that Office, for the Passengers and Crews of such 
 Vessels — and of issuing Fort Passes for Vessels, and of entering, 
 clearing or reporting Vessels at the Secretary's Oiiice on their arrival 
 at, or departure from these Islands, be discontinued, and be no longer 
 required. 
 
 VII. And whereas by An Act of the Governor, Council and 
 Assembly passed in the Year one thousand eight hundred and nine- 
 teen, intituled " An Act to provide for the Establishment of Branches 
 of certain Public Offices at the Town of Saint George," the Public 
 Treasurer of these Islands and certain other Public Officers concerned 
 in or with the entering and clearing of Vessels, and the receiving any 
 Colonial Duties, were authoi-ized to appoint Deputies respectively for 
 the said Port of Saint George, for the transaction of their official 
 business, relating to the entering, clearing and reporting of Vessels 
 trading there, and the collection of Colonial Duties, and payment of 
 Drawbacks, arising on Merchandize imported or exjported in such 
 Vessels, and the annual Sum of Two hundred pounds of the then cur- 
 rent money of Bermuda (equivalent to the Sum of one hundred and 
 twenty pounds of the present lawful money of Bermuda) was authorized 
 to be paid out of the Public Treasury to such Deputies, in the manner 
 in the said Act particularly expressed, of which annual Sum of one hun- 
 dred and twenty pounds — the sum of Sixty pounds is now paid to the 
 Deputy of the Secretary ; and it is considered that after this present 
 Act shall come into_operation, it will be unnecessary to continue the 
 Establishment of a Deputy of the Secretary, at the said Town of 
 Saint George — be it further enacted, that from and immediately after 
 this present Act shall commence and come into operation, the appoint- 
 ment of Deputy Secretary at the said Town of Saint George under the 
 said Act of one thousand eight hundred and nineteen, shall cease and 
 be discontinued ; and the payment of the annual allowance of Sixty 
 
1847.] BERMUDA ACTS. 473 
 
 Pounds put of the Public Treasury to the Deputy Secretary at the 
 said Town of Saint George, shall also cease and be discontinued ; and 
 instead of the said sum of one hundred and twenty pounds a Year 
 now paid out of the Public Treasury, under the said Act of one thou- 
 sand eight liundred and nineteen, only the Sum of Sixty Pounds a 
 Year be thereafter paid. 
 
 YIII. And Whereas by An Act of the Governor, Council and Masters of 
 Assembly of these Islands, intituled " An Act to prevent Masters of Jvel'ona at 
 Yessels from discharging and leaving on shore any Sick or disabled ^"jeld'of' 
 Seaman," passed in the Year one thousand eight hundred and twenty- seoretar/s 
 nine, for a limited period, and continued by An Act passed in the Year Act°of i829. 
 one thousand eight hundred and forty-two, until the tenth day of May 
 which will be in the Year one thousand eight hundred and forty-nine, 
 the Masters of Certain Yessels therein mentioned are required, at the 
 time of the entering or reporting the same, to give Security, at the Se-. 
 cretary's Office by Bond, with one sufficient security, as in the said Act 
 is mentioned : be it further enacted, that from and immediately after 
 this Act shall commence and come into operation, and during the con- 
 tinuance of the said Act of one thousand eight hundred and twenty -nine, 
 the Masters of such Yessels as in the said Act are mentioned, instead 
 of giving such Security as aforesaid, at the Secretary's Office, shall 
 give the same at the Treasurer's Office, and the Treasurer or his Deputy 
 is hereby required to take such Bond ; and shall be allowed for the 
 same the same fee allowed by that Act to the Secretary for the 
 same. 
 
 IX. And be it, &c., that this present Act shall not commence .in Suspending 
 operation, until Her Majesty's Royal Assent thereto shall be had and °*'^^' 
 made known in these Islands. 
 
 [Confirmed by the Crown, 30 October, iSil,] 
 
 1847. No. 16. 
 
 AN ACT to Hepeal certain Duties of Customs. 
 
 [16 September, 1847.] 
 
 WHEREAS by an Act passed in the Session of the Imperial Par- Preamble, 
 liament holden in the eighth and ninth years of the Reign of Her 
 present Majesty entitled "An Act to regulate the Trade of British ^^*j^g'*'''='- 
 Possessions abroad," certain duties of Customs set forth in a certain 
 Table in the said Act contained, are imposed upon the Importation 
 into any of the British Possessions in America, or into the Island of 
 Mauritius of the several articles therein mentioned, not being the 
 
 frowth, produce or manufacture of the United Kingdom, or of the 
 Sritish Possessions therein enumerated, and a certain duty of Ten 
 Pounds for every One Hundred Pounds of the value thereof, is im- 
 posed on the Importation thereinto of certain Sugar refined in Bond 
 in the United Kingdom — And whereas by a certain other Act of the 
 Imperial Parliament passed in the ninth and tenth years of Her present 
 60 
 
474 
 
 BERMUDA ACTS, 
 
 [1847. 
 
 9 & 10 Vict. 
 ch. 94. 
 
 When this 
 Act is to 
 come into 
 operation. 
 
 Suties of 
 Customs 
 under 8 £ 9 
 Vict. ch. 94 
 repealed. 
 
 Proviso, 
 
 Not to ope- 
 rate until 
 the Royal 
 Assent be 
 signified, 4c. 
 
 Majesty's Eeign, entitled " An Act to enable the Legislatures of certain 
 British Possessions to reduce or repeal certain Duties of Customs" — 
 reciting amongst other things as is hereinbefore recited, it was enacted 
 that if, and whenever the Legislature or other proper Legislative 
 authority of any of the said British Possessions in America or the 
 Mauritius, should make or pass any Act or Ordinance, Acts or Ordi- 
 nances, reducing or repealing all or any of the said Duties of Customs, 
 so imposed as aforesaid by the said first recited Act, upon any articles 
 imported into such Possession, and if Her Majesty, by and with the 
 advice of her Privy Council, should assent to such Act or Ordinance, 
 Acts or Ordinances, such Duties of Customs should upon the Procla- 
 mation of such Assent in the Colony or at any time thereafter which 
 might be fixed by such Act or Ordinance be so reduced or repealed in 
 such Possession, as if such reduction or repeal had been effected by an 
 Act or Acts of the Imperial Legislature, any thing in any Act to the 
 contrary thereof notwithstanding. And whereas it is expedient to 
 repeal all the said Duties of Customs so imposed as aforesaid, so far as 
 respects the importation into these Islands of any article chargeable 
 therewith from the time hereinafter mentioned : 
 
 I. "We, therefore, &c., and be it enacted, &c., that on, from and 
 after the sixth day of July, which will be in the year of our Lord One 
 thousand eight hundred and forty-eight — or in case Her Majesty's 
 assent to this Act shall not then have been signified, as hereinafter 
 mentioned, then, upon any day thereafter to be named in the Procla- 
 mation signifying such assent, this Act shall come into and be in 
 operation. 
 
 II. And be it, &c., that on, from, and after the day on which this 
 Act shall come into operation, all and singular the said Duties of Cus- 
 toms so imposed by the said first herein recited Act, so far as respects 
 the levying and collection thereof, upon and from any article pre- 
 viously chargeable therewith imported or brought into these Islands, 
 shall be and the same are hereby respectively repealed — and there- 
 after no Duties of Customs under the said Act shall be levied or col- 
 lected upon or from any of the articles therein mentioned and thereby 
 made chargeable with duty as aforesaid, imported or brought into 
 these Islands. Provided always, that the Pepeal of the said Duties, 
 or any of them, shall not be construed to revive any Duty or Duties 
 of Customs upon the said articles or imj of them imposed by any 
 Act or Acts of the Imperial Parliament passed previously to the said 
 recited Act of the Eighth and Ninth years of Her Majesty's Eeign. 
 
 III. And be it, &c., that nothing herein contained, shall be of 
 any force or effect, until Her Majesty, by and with the advice of Her 
 Privy Council shall have assented hereto, and such assent shall have 
 been signified by Proclamation in the Gazettes of these Islands, nor 
 until a day to be in such Proclamation fixed for the commencement 
 thereof. 
 
 [Confirmed by the Grown, 15 April, 1848,] 
 
1847.] BERMUDA ACTS. 475 
 
 1847. No. 17. 
 
 AN ACT io Continue and amend tlie Act intituled " An Act for en- 
 forcing hard Lahour on Prisoners in the Public Oaols, liable to be 
 
 so employed." 
 
 [16 September, 184T.] 
 
 WHEREAS the Act intituled " An Act for enforcing hard labour preamble. 
 on Prisoners in the Public Gaols liable to be so employed," was passed 
 by the Legislature of these Islands, in the year of our Lord One thou- 
 sand eight hundred and forty-four, for a limited period — and was con- 
 tinued for a further period, with certain amendments by another Act 
 of the Legislature passed in the year of our Lord One thousand eight 
 hundred and forty-five — and is about to expire, and it is deemed ex- 
 pedient that the same should be continued for a further period with 
 the amendments hereinafter contained : — 
 
 L We, therefore, &c., and be it enacted, &c., that the said Act Actof i844, 
 passed in the year One thousand eight hundred and forty-four be, and '=™'ta"«'i- 
 the same hereby is continued in force during the continuance of this 
 present Act, with the amendments hereinafter expressed. 
 
 II. Provided always, and be it, &e., that that part of the third Part of sa 
 section of the said Act which directs that in all cases in which any fepeaied"^"' 
 Prisoner shall be guilty of any such repeated or aggravated offence as 
 
 is thereia mentioned— the original term of imprisonment of such 
 offender shall be prolonged by as many days as shall be equal to the 
 number of days such Oifender shall have been sentenced to close con- 
 finement for such offence be, and the same hereby is repealed. 
 
 III. And be it, &c., that from and after the passing of this Act, provost 
 it shall be lawful for the Provost Marshal General to purchase any Marshal 
 
 -r* n i«i T .TCI p 1 • 1 A General to 
 
 Lime btone which may be required for the purposes oi the said Act purchase 
 passed in the year One thousand eight hundred and forty -four, either either under 
 under the regulations contemplated by the said Act — or from time to £^ns°of'Act 
 time as the same may be required — from individuals willing to supply fl-^^^?'^ 
 the same in quantities not exceeding two Tons at a time — at such ana give 
 price or prices as shall be sanctioned by the Yisiting Justices of the for the^prioe 
 Gaol, and to give to the persons so supplying Lime Stone, either under Jf^e jreas- 
 the regulations contemplated by the said Act of One thousand eight iry- 
 hundred and forty-four, or under this Act, a certificate specifying the 
 quantity and price of the Lime Stone so supplied ; and the Public 
 Treasurer shall be, and he hereby is authorized and required to pay 
 out of any unappropriated monies in the Public Treasury, to the per- 
 son or persons in favour of whom any such certificate shall be granted, 
 the sum of money therein mentioned — upon production of such certi- 
 ficate with a warrant for the payment thereof from the Governor or 
 OiBcer administering the government of these Islands for the time 
 being. 
 
 IV. And be it, &c., that it shall and may be lawful for the Pro- proyost 
 vost Marshal General to cause to be built and constructed and fitted ^*^|^*Jjj, 
 up, within the yard of the Gaol at Hamilton, such one or more frames have sawing 
 
476 :eERMUDAACTS. [1847. 
 
 Frames for sawiiig Timber as shall be directed and approved by the Chief 
 Imli^e '" Justice of the Court of General Assize, and to purchase such Saws, 
 umbe?for Other tools and implements as may be required for the employment in 
 h*'^h' '""^ sawing timber of Male prisoners sentenced to hard labour under the 
 same shall rules and regulations contained and prescribed in the said Act passed 
 andS^/" in the year One thousand eight hundred and forty-four, and also to 
 posed of. purchase such quantities of Cedar, or other Timber for the employ- 
 ment of Male Prisoners at hard labour as aforesaid — as shall be requi- 
 site and proper under such rules and regulations as shall be made in 
 the manner authorized by the said Act ; the price of such Timber to 
 be ascertained and to be paid for in like manner as is hereinbefore 
 provided in respect to the price of Lime Stone ; and that such timber, 
 after being sawn, shall be sold and disposed of in such manner as may 
 be directed by any regulation to be made in that behalf by the Jus- 
 tices assembled in General or Quarter Sessions of the Peace. Pro- 
 cSs^f'iim- vided always, that the sura to be expended for the purchase of Cedar 
 Mce°d£2oo or other Timber, under this Act shall not exceed the Sum of Two 
 a year. huudrcd Pounds in any one year in addition to what may be expended 
 Proviso. for other materials for labour in the said Gaol. Prcmided always, 
 ^idmder that iu any Sale by Auction of any Timber or other materials under 
 upset price, tjjg provisious of this Act, no such materials shall be sold under an 
 upset price to Ire fixed by the Visiting Justices of the Gaol, from time 
 to time. 
 
 Proceeds of ^- -A-ud bc it, &c., that the nett pi'oceeds of any materials sold by 
 
 Sale of Ma- the Provost Marshal General under the provisions of this Act shall 
 
 paid into tiie bo paid ovcr by him to the Public Treasurer as soon as may be prac- 
 
 Treasury. tj(3j^][)ie ^ftcr the Same being received by the Provost Marshal General ; 
 
 and shall be received and held by the Public Treasurer to be applied 
 
 in support of the Government of these Islands as shall from time to 
 
 time be authorized by the Legislatiire of these Islands. 
 
 Provost ^I- And be it, &c., that if any person ha\T[ng Timber to be sawed 
 
 Marshal . — -^tio may be desirous to avail himself of the convenience of the 
 may receive sawiug establishment now in operation at the said Gaol at the Town 
 Gaouo'be'^^ of Hamilton — it shall and may be lawful for the Provost Marshal 
 SvidnliJS' General to receive any such Timber within the Yard of the said Gaol, 
 certain and placc the same in charge of the Superintendent of Prisoners em- 
 paid into the ployed at hard labour, and the said Superintendent shall keep a strict 
 Treasury, accouut of Timber so received, and have the same sawed agreeably to 
 the instruction of the Person delivering such Timber at the said Gaol 
 — and the Provost Marshal General is authorized and required to 
 charge and receive for the sawing of such Timber at and after the 
 following rates, (that is to say) . 
 
 For every One Hundred Feet — Superficial Measure — of Mahoga- 
 ny — Eight Shillings. 
 
 For every One Hundred Feet — Superficial Measure — of Oak 
 Cedar, and Pitch Pine — Six Shillings. 
 
 For every One Hundred Feet — Supemcial Measure — of White 
 Pine and Spruce — Five Shillings. 
 
 And the Provost Marshal General, shall pay over what money he 
 shall so receive except as hereinafter mentioned — to the Public Treas- 
 urer in like manner as be is required to pay the proceeds of Materials 
 
1847.] BERMUDA ACT ^. 477" 
 
 sold. Provided always, that it shall not be required of the Provost Proviso. 
 Marshal General to have any boards sawed into laths under this Clause 
 of this Act. Provided also, that it shall be lawful for the Provost Pa^of iaw- 
 Marshal General to deduct out of any money he shall so receive for ^°«,'°°°''y 
 sawing, one Sixth part thereof; and at the discharge from Gaol of any priBoMra on 
 Prisoner so employed to pay to such Prisoner such sixth-part of the ^^Zg^' 
 money received for work performed by him, or in case of two Prison- 
 ers working together, to divide between them such reserved sixth-part 
 of the said money. Provided also, that any refuse Wood which may proviso. 
 accumulate from the Sawing of Timber procured at the public ex- ^1^1^.°°^ 
 pense shall be advertised and sold as Firewood, by the Provost Mar- p»s«'J "'■ 
 shal General, and the proceeds thereof paid by him into the Public 
 Treasury. 
 
 VII. And whereas a new Gaol is now in the coui'se of being when the 
 erected at the Town of Saint George, and it is expedient when the gt.'george^s 
 same shall be fit for the reception of Prisoners, and Prisoners shall be sh'aii be at 
 received therein, that provision be made to enforce hard labour on the ers, provis- 
 Prisoners in that Gaol who may be liable to be so employed, be it 'j^ade for en- 
 enacted that as soon as the said Gaol shall be fit for the reception of ^^^^^f *"""* 
 Prisoners, and Prisoners shall be received therein, provision shall be there. 
 made in the said Gaol for the enforcement of hard labour there in the 
 case of such Prisoners as may be sentenced thereto, and the means of 
 hard labour shall be provided, and the materials requisite for the 
 employment of Prisoners shall be purchased under the regulations 
 hereinafter contained, and such other regulations as may be made for 
 that purpose by the Justices in General or Quarter Sessions assembled 
 as hereinafter authorized. 
 
 YIII. And be it, &c., that as soon as Prisoners shall be received AndProvoat 
 in the said Gaol at Saint George's, it shall be lawful for the Provost genSaito 
 Marshal General to appoint a sufficient person to be Superintendent appoint 
 of Prisoners employed at hard labour in the said Gaol at Saint George's, em of"hard 
 such Superintendent not to be the Keeper of the said Gaol. And the {her^ 
 Provost Marshal General shall have authority to remove or displace 
 any such Superintendent whom he shall consider negligent or remiss 
 in the performance of his duty or unfit for the same : and every Su- 
 perintendent so appointed shall be allowed an annual Salary of fifty gis salary. 
 Pounds to be paid to him by the Public Treasurer, out of any unap- 
 propriated monies in the Public Treasury, quarterly, up to the last 
 days of March, June, Sptember, and December, in every year during 
 the continuance of this Act; and proportionally for any portion of a 
 quarter for which such Superintendent shall have performed his duty, 
 upon production of a certificate from the said Provost Marshal Gene- 
 ral certifying such Superintendent to have performed the duties of his 
 appointment during the period of time comprised in such certificate, 
 and a Warrant for such payment from the Governor or Officer ad- 
 ministering the Government of these Islands for the time being. And Gaoler to 
 it shall be the duty of the Keeper of the said Gaol to afford every |j,per5itend- 
 reasonable facility and assistance in his power to the said Superin- (gj'giggg 
 tendent in the execution of his duty, which may be consistent with no.\ § a.) 
 the. performance of his own duty as Keeper of the said Gaol and with 
 the Gaol regulations. 
 
478 
 
 tfEEMUDA ACTS, 
 
 [1847. 
 
 Provost 
 Marshal 
 General 
 to have 
 Sheds, &c., 
 built and 
 tools pur- 
 chased for 
 hard labour 
 there. 
 
 Limits of 
 Gaol Yard. 
 
 Prisoners 
 sentenced to 
 hard labour 
 there, to be 
 employed in 
 Quarrying 
 Stone, &c. 
 
 .IX. And be it, &c., that as soon as Prisoners shall he received 
 in the said Gaol at Saint George's, it shall be lawful for the Provost 
 Marshal General to cause to be built and constructed or fitted up with- 
 in the yard of the said Gaol at Saint George's, a secure board fence or 
 enclosure and such and so many Sheds, Awnings and Places for the 
 employment of Prisoners at hard labour as shall be directed and ap- 
 proved by the Chief Justice of the Court of General Assize ; and to 
 purchase and provide such Tools and Implements, utensils and con- 
 veniences for the employment of Prisoners at hard labour as shall be 
 requisite and proper, the expense thereof to be provided for like other 
 contingent charges of Government ; and for the purposes of this Act, 
 all the ground which has been purchased and vested in the Crown 
 nnder the Act passed in the year, one thousand eight hundred and forty- 
 five, intituled "An Act for building a new Gaol at or near the Town 
 of Saint George," shall be deemed to be comprised within the yard of 
 the said Gaol. 
 
 X. And be it, &c., that it shall be lawful for Prisoners sen- 
 tenced to hard labour and committed to the said Gaol at Saint George's 
 to be employed at hard labour in quarrying, working, transporting and 
 building up Stone within the said Gaol yard, and that the Regulations 
 contained in the second, third and tenth sections of the said Act passed 
 in the year one thousand eight hundred and forty -four, with the amend- 
 ment thereto hereinbefore contained with reference to Prisoners in the 
 Gaol at Hamilton sentenced to hard labour, shall be deemed and held 
 to be applicable to Prisoners in the said Gaol at Saint George sentenced 
 to hard labour. 
 
 Justices in 
 Sessions to 
 make regu- 
 lations. 
 
 Proviflo. 
 Subject to 
 approba- 
 tion of the 
 Judges. 
 
 Proviso. 
 And not re- 
 pugnant to 
 Law. 
 
 Regulations 
 to be 
 
 printed, and 
 binding on' 
 the Marshal 
 and others. 
 
 And may be 
 altered. 
 
 XI. And be it, &c., that it shall be lawful for Five or more of the 
 Justices of the Peace in General or Quarter Sessions assembled, to 
 make regulations for the several purposes in this Act specified and such 
 further and additional Pules for the enforcement of hard labour on 
 Criminal Prisoners at the said Gaol at St. George's, and the duties to 
 be performed by the Ofiicers of the Gaol in relation thereto, as to them 
 may seem expedient. Provided that no such Rules shall be enforced 
 until the same shall have been submitted to the Chief Justice of the 
 Court of General Assize, or in case of his absence from these Islands, 
 or incapacity from sickness, to the Assistant Justices of that Court, 
 and until such Chief Justice or Assistant Justices (in case of his absence 
 or incapacity as aforesaid) shall have subscribed a certificate that he 
 or they (as the case may be) approve of the same. Provided also that 
 such Rules or Regulations shall be not repugnant to the Rules and 
 Regulations contained in this or any other Act of the Legislature 
 of these Islands. And the Provost Marshal General shall and he is 
 hereby required, upon being furnished with a copy of such Rules so 
 certified to cause copies of so much of the said Rules as relates to the 
 treatment and conduct of Prisoners confined in the said Gaol at Saint 
 George's to be printed in legible characters, and to be fixed in con- 
 spicuous parts of the Prison so that every Prisoner may be able to have 
 access thereto : and all Rules and Regulations made pursuant to this 
 Act shall be binding upon the said Provost Marshal General and upon 
 all other Persons. Provided also that any of the said Rules may at 
 time be altered or annulled by the same authority that made and 
 approved of them. 
 
1847.] BERMUDA ACT'S. 479 
 
 XII., And be it, &c., that the Pi'ovost Marshal General shall be Provost 
 allowed and receive such compensation for his services in carrying Genlrars 
 this Act into effect, as shall be deemed reasonable by the Legisla- u™p™**" 
 tare. 
 
 XIII. And be it, &c., that it shall be the duty of the said Super- ^^ ^^5^,.^,^^. 
 intendent to keep an exact and particular account in writing of the em to keep 
 quantity and description of Stone quarried by Prisoners at the said work'and' 
 Gaol, and how and in what manner the same shall be applied or dis- ^g|"t^" 
 posed of, a fair copy of which account shall be made up Quarterly Treasurer. 
 and signed by the said Superintendent and deposited with the Public 
 Treasurer for the inspection and examination of either Branch of the 
 Legislature of these Islands, or any person or persons by them or either 
 
 of them authorized to inspect or examine the same, and the Public 
 Treasurer shall not pay the said Superintendent's Salary for any quarter 
 vmtil the copy of such account relating to that quarter shall be deposited 
 with him. 
 
 XIV. And be it, &c., that it shall be lawful for the Stone so to be 
 quarried and wrought at the said Gaol at St. George's, and the broken gtone how 
 Stone and offal which may arise or be made therefrom — to be used in disposed of. 
 and about the building and completing any of the necessary Enclosures, 
 Walls, outbuildings or appurtenances contemplated to be made, erected, 
 
 built or completed by the Act of the Legislature passed in the year 
 One thousand eight hundred and forty-five, for building the aforesaid 
 new Gaol. And in case there should happen to be any such wrought 
 Stone, or offal over and above what shall be requisite and proper to 
 be used in building and completing any of the necessary works con- 
 templated to be made at the said Gaol, or the yard attached thereto it 
 shall be lawful for the Provost Marshal General to sell and dispose of 
 such surplus in such manner as may be directed by any Regulations 
 to be made in that behalf by the Justices, and approved in manner 
 aforesaid. 
 
 XY. And whereas it may become necessary in order to carry into 
 effect the intention of this Act to remove Prisoners who may be con- 
 fined under sentence in the Gaol at Hamilton to the said Gaol at Saint ml^^Sfre- 
 George's — -be it enacted, that whenever it shall be deemed expedient S°"?t'^ ™ 
 by the Chief Justice or the Assistant Justices of the Court of General Gaoi to st. 
 Assize, that any Prisoner confined in the Gaol at the Town of Hamil- GaoiP' 
 ton under sentence of imprisonment with hard labour (other than Pris- ^o"2oTi5-) 
 soners sentenced by any Court Martial) should be removed from that 
 Gaol, to the said new Gaol at Saint George's — it shall be lawful for 
 the said Chief Justice or Assistant Justices, by any order in writing 
 directed to the Provost Marshal General to authorize and direct the 
 removal of such Prisoner from the said Gaol at Hamilton to the said 
 new Gaol at St. George's, and the imprisonment and labour of such 
 Prisoner at the said Gaol at Saint George's, for the residue of his term 
 of imprisonment, in like manner as if such Prisoner had been orig- 
 inally sentenced to be so imprisoned at the said Gaol at Saint 
 George's. 
 
 XYI. And be it, &c., that this Act shall be and continue in force Duration. 
 until and throughout the last day of December which will be in the 
 year of our Lord One thousand eight hundred and forty-nine, and then 
 to determine and expire. 
 
 [Contmued to end of 1865 by Act of 1858, No. 6, -with amendmenta.] 
 
480 
 
 BERMUDA ACTS. 
 
 [1847. 
 
 1847. No. 18, 
 
 AN ACT for the Confirmation of certain Marriages in these Islands, 
 
 [16 September, 184'7.] 
 
 Preamble. 
 
 MaiTiages 
 heretofore 
 solemnized 
 by Presby- 
 terian and 
 other Minifl- 
 tera to be of 
 the same ef- 
 fect as if sol- 
 emnized by 
 Clergymen 
 of the 
 Church of 
 Engla^nd. 
 Proviso. 
 Not to affect 
 marriages 
 declared in- 
 valid, nor 
 where either 
 party shall 
 have law- 
 fully inter- 
 married 
 with some 
 other p Or- 
 son, nor any 
 marriage 
 respecting 
 which any 
 Suit is de- 
 pending. 
 
 Proviso. 
 Not to affect 
 Acts done 
 before the 
 passing 
 hereof. 
 
 "WHEREAS for upwards of a Century past a Congregation of 
 Presbyterians has existed in these Islands, and for upwards of Thirty 
 Years past a Congregation of Wesleyan Methodists has also existed in 
 these Islands, and many Marriages have been had and celebrated in 
 these Islands by the Ministers of those Congregations and by other 
 Protestant Dissenting Ministers or Teachers, or those who at the time 
 of such Marriages liad been such, between Persons being of the 
 same or different Religious persuasions ; and it is expedient for pre- 
 venting all doubts as to the validity of such Marriages to confirm 
 such Marriages : 
 
 I. "We, therefore, &c., and be it enacted, tfec, that all Marriages 
 heretofore had and celebrated in the Islands of Bermuda by any Pres- 
 byterian or other Christian Ministers or Teachers or those who at the 
 time of such Marriages had been such, shall be and be adjudged and 
 taken to have been and be of the same force and effect in Law as if 
 such Marriages had been had and solemnized by Clergymen of the 
 Church of England, or of the United Church of England and Ireland, 
 and of no other force or effect whatsoever. 
 
 II. Provided always and be it, &c., that nothing in this Act con- 
 tained shall extend or be construed to extend to or affect any Mar- 
 riage declared invalid by any Court of competent Jurisdiction before 
 the passing of this Act ; nor any Marriage where either of the parties 
 shall at any time afterwards during the life of the other party and 
 before the passing of this Act have lawfully intermarried with any 
 other person, nor any Marriage respecting which any Civil Suit or 
 Criminal prosecution shall be depending at the time of the passing of 
 this Act. 
 
 III. Provided further and be it, &c., that nothing in this Act 
 contained shall extend or be construed to extend to or affect any Act 
 done before the passing of this Act under the authority of any Court, 
 or in the administration of any Personal Estate or Effects, or the exe- 
 cution of any Will or Testament, or the performance of any trust. 
 
1847.] BERMUDA ACT^. 481 
 
 1847. No. 19. 
 
 AN ACT Bespecting Marriage Licences. 
 
 [16 September, 184'?.] 
 
 WHEREAS it is deemed expedient to make some provisions to preamble. 
 guard against the possibility of Marriage Licences being improperly- 
 obtained : — 
 
 I. "We, tberefore, &c., and be it enacted, &c., that from and after ^o Carriage 
 the passing of this Act no Marriage shall be solemnized in these Islands, of «■ Mil"" to 
 by Licence, where either of the Parties, not being a "Widower or nLd by Li- 
 widow, shall be under the age of twenty-one years, unless the consent out tL^Jm- 
 of the Father of such of the parties so under age (if then living) be 5f°' °\ 
 
 n 11 T'T 'p 1 1 (> 1 r^ 1- /~\ T f 1 Parent or 
 
 first had or obtained ; or it dead, oi the (iuardian or (xuardians oi the Guardian. 
 person of the party so under age, lawfully appointed, or one of them ; 
 and in case there shall be no such Guardian or Guardians^ then of the 
 Mother of such party, if unmarried ; and if there shall be no Mother 
 unmarried, then of the Guardian or Guardians appointed by the Court 
 of Chancery, if any, or one of them : and every person whose consent 
 to a Marriage by Licence is required, as aforesaid, shall be authorized 
 to enter a Caveat in the Secretary's Office, against the issue of any 
 Licence. 
 
 n. Provided always, and be it, &c., that if the father or fathers 
 of the parties to be'married, or one of them, so under the age as afore- certain aisa- 
 said, shall be non compos mentis, or the Guardian or Guardians, Parent,°or 
 mother or mothers of any of them, whose consent is made necessary as eo^ernor' 
 aforesaid to the marriage of such party or parties, shall be non compos "> couneu 
 mentis, or in parts beyond the Seas, or shall unreasonably, or from l^e Mar- " 
 undue motives, refuse or withhold his, her or their consent to a proper "*^°' 
 Marriage ; then, it shall be lawful for any person desirous of marrying, 
 in any of the before mentioned cases, to apply by Petition to the 
 Governor in Council, who is hereby empowered to proceed upon such 
 Petition in a summary way : and in case the Marriage proposed, shall, 
 upon examination, appear to him to be proper, the said Governor in 
 Council shall declare, by order in writing, that such Marriage is 
 proper, and may be solemnized forthwith : and any Marriage duly 
 solemnized in pursuance, or under the authority or direction of such 
 order, shall be as good, valid and effectual to all intents and purposes 
 whatsoever as if such consent as aforesaid had been duly given 
 thereto. 
 
 in. Provided always, and be it, &c., that before any Licence Before Li- 
 for Marriage shall be granted, one of the parties intending Marriage ^anted°'°^ 
 shall appear personally before the Secretary of the Colony, or his law- ^^^eoath 
 ful Deputy, and shall make oath, or shall make his or her solemn affir- ".■■ deciara- 
 mation or declaration instead of taking an oath, (which oath, affirma- nompe^df-'' 
 tion or declaration the said Secretary and his Deputy are hereby "ase'lfSS-" 
 severally authorised to administer, take and receive) that he or she ""nM'"""" 
 61 
 
482 BERMUDA ACTS. [1847. 
 
 believeth that there is not any lawful impediment of kindred or 
 alliance, or other lawful hindrance to the said Marriage : and that the 
 said parties are both of the full age of twenty-one years : or where 
 either of the parties shall be under the age of twenty-one years, that 
 the consent of the person or persons, whose consent to such Marriage 
 is required by Law, has been obtained thereto : or that there is no 
 person having authority to give such consent ; or, that such party is a 
 Widower or "Widow (as the case may be.) 
 
 Caveat may lY. And be it, &c., that any person upon the payment of Five 
 alatostfeBue Shillings, may enter a Caveat in the Secretary's Office, against the 
 of Licence, grant of a Licence for the Marrjage of any person named therein : and 
 if any such Caveat be entered, such Caveat being duly signed by or 
 on behalf of the person who enters the same, together with his or her 
 place of residence, and the ground of objection on which his or her 
 Caveat is founded, no Licence shall issue or be granted, until the 
 Governor in Council shall have examined into the matter of the Caveat, 
 and be satisfied that it ought not to obstruct the grant of the Licence 
 for the said Marriage, or until the Caveat be withdrawn by the party 
 who entered the same. 
 
 Persons en- Y. And bc it, &c., that every person who shall enter a Caveat in 
 io™oavJa°t the Secretary's Office against the grant of any Marriage Licence, on 
 Damlges. grouuds wMch the Governor in Council shall declare to be frivolous, 
 and that they ought not to obstruct the grant of the Licence, shall be 
 liable for the costs of the Proceedings, and for Damages to be re- 
 covered in a special action upon the case, by either of the parties 
 against whose Marriage such Caveat sh ill have been entered ; and a 
 copy of the Minute of Council, under the signature of the Clerk of the 
 Council, containing such Declaration, shall , be evidence that the 
 Governor in Council has declared such Caveat to be entered on frivo- 
 lous grounds, and that they ought not to obstruct the grant of the 
 After Mar- Liceucc — and after the solemnization of any Marriage by Licence, it 
 L^lnce^ no shall uot be necessary, in further support of such Marriage, or in any 
 fent of p™"' Action, Suit or Proceeding where the same may come into question, 
 neoesfwy *° S^^® ^^J proof of the couscnt of any person, whose consent there- 
 unto is required by Law — nor shall any evidence be received to prove 
 the contrary. 
 
 Penalties of VI. And bc it, &c., that every person who shall knowingly and 
 M^^oatiTor wilfuUy make any false Oath, Affirmation or Declaration, or sign any 
 certificate, falge Certificate required by this Act for the purpose of procuring any 
 Marriage, shall suffer the penalties of Perjury. 
 
 Signification ^^^- -^^^ ^^ i*' <^c., that the word " Governor," in this Act, shall 
 °4remor " ^® taken to mean the Governor or other Office for the time being 
 overnor. administering the Government of these Islands. 
 
1847.] BERMUDA ACTS 483 
 
 1847. No. 20. 
 
 Alf ACT to provide for the 8olemm,ization cmd Segisim/ of certain 
 
 Marriages. 
 
 [16 September, 184Y.] 
 
 "WHEEEAS it is expedient to provide for the Solemnization of preamble. 
 Marriages in these Islands by Presbyterian and other Christian Min- 
 isters and Teachers, not being the Incumbents or officiating Ministers 
 of the Parish Churches in these Islands, nor Ministers of the United 
 Church of England and Ireland : 
 
 I. We, therefore, &c., and be it enacted, &c., that from and after AnyChris- 
 the commencement of this Act, it shall and may be lawful for any ie^m&j'^' 
 Minister of the Christian Keligion ordained or otherwise set apart to gaoM^f 
 the Ministry of the Christian Keligion, and acknowledged as such by Marriage. 
 any known Sect or Society of Christians in the United Kingdom of 
 Great Britain and Ireland, according to the usage of the persuasion 
 to which such Minister shall belong, to publish within these Islands 
 Banns of Marriage between persons desirous of being joined together 
 in Matrimony ; such pubKcation of Banns to be made in an audible 
 manner some time during Public Divine Service, on a Sunday in the 
 face of the Congregation before whom such Minister shall officiate, in 
 the Church, Chapel, or Meeting House of the Congregation to which 
 one or both of the Parties to be married shall belong, or shall usually 
 attend : and shall contain the Christian name or names, and Surname, 
 and place of abode of each of the said parties ; and shall be so pub- 
 lished by some such Minister, for three Sundays preceding the solem- 
 nization of the Marriage, during the Morning Service, if there be 
 Service in the Morning ; or if there shall be no Morning Service, then, 
 during the Evening Service ; and if the said Parties shall be of difier- 
 ent persuasions, or shall belong to different Congregations, the Banns 
 shall be published in like manner before each of the Congregations to 
 which the said Parties may respectively belong. And in cases when And give 
 the Banns shall have been published as aforesaid in different places, t'^fot'^^ 
 the Officiating Minister at each of such places shall on request for that 
 purpose made by both or either of the parties whose name shall have 
 been published as aforesaid, give to the party requiring the same, a 
 certificate of the Banns having been duly published as aforesaid in 
 the place of which he is an officiating Minister : and on the produc- 
 tion of such Certificate to the Officiating Minister of the other place 
 where the Banns were published, or on the production of Certificates 
 from both of such Ministers as aforesaid to any other such Minister as 
 aforesaid of the Congregation to which one of the parties shall belong, 
 it shall be lawful for such Minister of either of the places where the 
 Banns were published, on receiving such Certificate from such Minis- 
 ter of the other place where the said Banns were published, or for 
 such other Minister as aforesaid to whom the Certificates of the Min- 
 isters of both of the places where the said Banns were published, shall 
 be delivered on receipt of such Certificate or Certificates (as the case n^eMa™' 
 may be) to solemnize Matrimony between the said Parties according mony. 
 
484 
 
 BERMUDA ACTS, 
 
 [1847. 
 
 Proviso. 
 
 Proviso. 
 
 Proviso. 
 
 Penalty for 
 refusing to 
 ^ve Certifi- 
 cate of pub- 
 UcatioQ of 
 Banns. 
 
 to sucli form and ceremony, as shall be in use, or be adopted by the 
 persuasion to which the Minister solemnizing such Marriage shall be- 
 long. Provided, that such Marriage be solemni4«d in the presence of 
 two or more credible Witnesses besides the Minister who shall sol- 
 emnize the same. Provided also, that whenever the form and cere- 
 mony used shall be other than that of the United Church of England 
 and Ireland, each of the parties to be married shall in some part of 
 the ceremony, and in the presence of such Witnesses, make the fol- 
 lowing declaration : — " I do solemnly declare that I know not of any 
 lawful impediment why I, A. JB., may not be joined in Matrimony to 
 C. B. here present." And each of the said Parties shall say to the 
 other — "I call upon these persons here present to witness, that I, 
 A. B., do take thee, C. P., to be my lawful Wedded Wife (or Hus- 
 band.)" Provided also that there be no lawful impediment to the 
 Marriage of such parties. 
 
 II. And be it, &c., that it shall be the duty of every Minister as 
 aforesaid who shall have published Banns o'f M!arriage under the pro- 
 visions of this Act, upon request for that purpose made by both or 
 either of the parties whose Banns such Minister shall have published 
 to grant a Certificate thereof, and any Minister refusing or neglecting 
 to do so, upon request for that purpose being made as aforesaid, shall 
 for every such refusal or neglect forfeit and pay to the party or parties 
 demanding such Certificate the Sum of Twenty Pounds, to be recov- 
 ered in an Action of Debt in the Court of General Assize. 
 
 Minister to 
 receive no- 
 tice before 
 publishing 
 Banns. 
 
 And not to 
 solemnize 
 Marriage 
 three 
 
 Months af- 
 ter publica- 
 tion of 
 Banns. 
 
 Minister sol- 
 emnising 
 Marriage of 
 Minors af- 
 ter due pub- 
 lication of 
 Banns not 
 liable un- 
 less Mar- 
 riage be for- 
 bidden. 
 
 in. And be it, &c., that no such Minister as aforesaid shall be 
 obliged to publish Banns between any persons whomsoever, unless 
 the persons to be married, or some person on their behalf, shall two 
 days at the least, before the time required for the first publication of 
 such Banns, respectively deliver, or cause to be delivered to such 
 Minister a notice in writing of their true Christian name or names 
 and Surnames, and a description of their place or respective places of 
 abode, and of the time during which they have dwelt in such place 
 or places ; and that it shall not be lawful for any Minister as aforesaid 
 to solemnize any Marriage after three Calendar Months from the last 
 publication of Banns of such Marriage : And in all cases when three 
 Calendar Months shall have so elapsed, without the Marriage having 
 been solemnized, the publication of such Banns shall be void ; and 
 before the said parties can be married by Banns under the provisions 
 of this Act, it shall be necessary to re-publish Banns anew in manner 
 and form aforesaid, as if no Banns had ever been published between 
 them. 
 
 lY. And be it, &c., that no such Minister as aforesaid who shall 
 solemnize any Marriage after due publication of Banns as aforesaid, 
 or after receiving such Certificate as aforesaid, between any persons, 
 both or one of whom (not being a Widow or Widower) shall at the 
 time of such Marriage be under the age of twenty-one years, shall be 
 answerable or responsible or liable to any pain, penalty or proceeding 
 for having solemnized such Marriage, without the consent of the 
 Parents or Guardians, or of any other person whose consent is re- 
 quired by Law, unless such Parent or Guardian, or other person, or 
 one of them shall forbid the Marriage and give notice thereof to such 
 
1847.] BERMUDA ACTS. 485 
 
 Minister before he lias solemnized tlie same, and in case such Marriage h Marriage 
 shall be forbidden as aforesaid, and such notice thereof shall be given deD°Bams 
 as aforesaid, the publication of Banns for such Marriage shall be *° ** '"'^^■ 
 absolutely void. 
 
 Y. And be it, &c., that the Society of Friends, commonly called J^^^'J^^"'' 
 Quakers, and also persons professing the Jewish Religion, may con- solemnize 
 tract and solemnize Marriage in these Islands, according to the usages co?dii?|to*°" 
 of the said Society, and of the said persons respectively : and every J^age°s-'if 
 such Marriage shall be deemed good in law. Provided, that the ^3*5^^5"''° 
 parties to such Marriage be both of the said Society, or both persons Quakers or 
 professing the Jewish Keligion respectively. Provided also, that a LioenoTbe 
 licence for the solemnization of such Marriage be previously obtained "'>'»'"«''■ 
 from the Governor in manner hereinafter authorized. 
 
 VI. And be it, &c., that in all cases, when any parties intending Governor 
 Marriage shall desire to have the ceremony of such Marriage solemn- ^li^nwtov 
 ized under the provisions of this Act, without the publication of ti°„n"of Mar- 
 Banns, and shall apply to the Grovernor for a Licence for such purpose, rfage in any 
 it shall and may be lawful for the Grovernor, upon request of such partiMmay 
 parties, or either of them, to cause such Licence so to be worded as to ty'^y'iSS?- 
 authorize the Marriage, in respect of which such License is applied "^ff'^f,. 
 for, to be solemnized in any place where such parties or either of them could hare 
 shall require, and by any Minister by whom such Marriage could nS'afte"" 
 have been solemnized, under the Provisions of this Act, if Banns Qu°J|;:^"r 
 thereof had been published as aforesaid ; or in the case of Quakers or Jews. 
 Jews according to the usages of those persons respectively. Provided, pro™o. 
 that every such Marriage be solemnized in the presence of two or 
 more credible Witnesses, besides the Minister, who (in cases of Mar- 
 riage solemnized by Ministers) shall solemnize the same. Provided Proviso. 
 also, that the parties in some part of the ceremony, and in the pres- 
 ence of such Witnesses, make the Declaration and use the form of 
 words hereinbefore provided in the case of Marriage after the publi- 
 cation of Banns. Provided also, that there be no lawful impediment Proviso. 
 to the Marriage of such parties. 
 
 Vn. And be it, &c., that from and after the passing of this Act, no Marriage 
 no Marriage shall be solemnized in these Islands, under the provisions "'be'^Sem- 
 of this Act, by Licence, where either of the parties not being a nized by Li- 
 Widower or Widow, shall be under the age of twenty-one years, unless le™ with"" 
 the consent of the Father of such of the parties so under age (if then parfn°'o?' 
 living) be first had or obtained ; or if dead, of the Guardian or Guard- Guardian. 
 ians of the person of the party so under age, lawfully appointed or 
 one of them ; and in case there shall be no such Guardian or Guard- 
 ians, then of the Mother of such party, if unmarried ; and if there 
 shall be no Mother unmarried, then of the Guardian or Guardians 
 appointed by the Court of Chancery, if any, or one of them : and 
 every person whose consent to a Marriage under this Act, by Licence, 
 is required as aforesaid, shall be authorized to enter a Caveat in the 
 Secretary's Office, against the issue of any Licence under this Act, 
 and shall be also authorized to forbid the publication of Banns under 
 this Act. 
 
 Yni. Provided always, and be it, &c., that if the Father or 
 Fathers of the parties to be married, or one of them, so under age as 
 
486 BERMUDA ACTS. [1847. 
 
 In case of aforesaid, shall be non compos mentis, or the Guardian or Guardians, 
 bmueTo'f''"'' Mother or Mothers of any ot them, whose consent is made necessary as 
 Gulrdian, aforesaid to the Marriage of such party or parties, shall be non compos 
 GoTernor'in mentis, or in parts beyond the seas, or shall unreasonably or from undue 
 auSTorizr^^ motiyes, refuse or withhold his, her, or their consent to a proper Mar- 
 Marriage. ji^ge ; then, it shall be lawful for any person desirous of marrying 
 under the provisions of this Act, in any of the beforementioned cases, 
 to apply by Petition to the Governor in Council, who is hereby em- 
 powered to proceed upon such Petition in a summary way; and in 
 case the Marriage proposed shall, upon examination, appear to him to 
 be proper, the said Governor in Council shall declare by order in 
 writing that such Marriage is proper, and may be solemnized forth- 
 with : And any Marriage duly solemnized in pursuance, or under the 
 authority or direction of such order, shall be as good, valid and effec- 
 tual, to all intents and purposes whatsoever, as if such consent as afore- 
 said had been duly given thereto. 
 
 Before LI- I^- Providcd always, and be it, &c., that before any Licence for 
 
 CTaSted*'"^ Marriage under the provisions of this Act shall be granted, one of the 
 party to parties intending Marriage shall appear personally before the Secre- 
 OT*Dtc°ara- tary of the Colony, or his lawful Deputy, and shall make Oath, or 
 no topem-'^ shall make his or her solemn affirmation or declaration, instead of 
 ment— and taking an Oath' (which Oath, affirmation or declaration the said Secre- 
 minors of tary and his Deputy are hereby severally authorized to administer, 
 consent, Ac. ^^q^ ^-^^ rcccive) that he or she believeth that there is not any lawful 
 impediment of kindred or alliance, or other lawful hindrance to the 
 said Marriage : and that the said parties are both of the full age of 
 twenty-one years ; or where either of the parties shall be under the age 
 of twenty-one years, that the consent of the person or persons, whose 
 consent to such Marriage is required by Law, has been obtained 
 thereto : or, that there is no person having authority to give such con- 
 sent ; or that such party is a Widower or Widow (as the case may be) : 
 And the Secretary shall be entitled to receive from the Party applying 
 for any Licence under the provisions of this Act, the same Fees as are 
 payable for other Marriage Licences granted by the Governor not 
 issued under the provisions of this Act. 
 
 Caveat may ^- -^"^^ t)e it, &c., that any person upon the payment of five 
 a^atasfteue shillings may enter a Caveat in the Secretary's Office against the grant 
 of Licence, of a Licence for the Marriage, under the provisions of this Act, of any 
 person named therein : and if any such Caveat be entered, such Caveat 
 being duly signed by or on behalf of the person who enters the same, 
 together with his or her place of residence, and the ground of objection 
 on which his or her Caveat is founded, no Licence shall issue or be 
 granted, until the Governor in Council shall have examined into the 
 matter of the Caveat, and be satisfied that it ought not to obstruct the 
 grant of the Licence for the said Marriage, or until the Caveat be 
 withdrawn by the party who entered the same. 
 
 XL And be it, &c., that every person who shall enter a Caveat 
 feri^g^rfvo'- under the provisions of this Act in the Secretary's Office against the 
 liSe f«*' grant of any Licence, on grounds which the Governor in Council shall 
 •'"'*"""■ declare to be frivolous, and that they ought not to obstruct the grant 
 
1847.] BERMUDA ACTS. 487 
 
 of tlie Licence, shall be liable for the costs of the proceedings, and for 
 Damages to be recovered in a special Action upon the case, by either 
 of the parties against whose Marriage such Caveat shall have been 
 entered : and a copy of the Minute of Council, under the signature of 
 the Clerk of the Council, containing such Declaration, shall be evi- 
 dence that the Governor in Council has declared such Caveat to be 
 entered on frivolous grounds, and that they ought not to obstruct the 
 grant of the Licence. 
 
 XII. And be it, &c., that every person who shall knowingly and Penalties of 
 wilfully make any false Oath, Affirmation or Declaration, or sign any Mseoatror 
 false notice or Certificate required by this Act, for the purpose of pro- oeiUflcate. 
 curing any Marriage, shall su:ffer the penalties of Perjury. 
 
 XIII. And be it, &c., that after the solemnization of any Marriage After soiem- 
 under or by virtue of this Act, and which has been registered as here- Keg'stry of* 
 inafter directed, it shall not be necessary in further support of such ^^^^^^^^^^ 
 Marriage, or in any Action, Suit or Proceeding where the same may ry to prove 
 come into question, to give any proof of the actual dwelling of the ung ot par-' 
 parties married or either of them before the Marriage ; or that they or *'*'• *"• 
 either of them belonged to the Congregation of the Minister who 
 solemnized such Marriage, or of the consent of any person whose con- 
 sent thereto is required by law ; or that the Banns were published, or 
 
 that the Marriage was solemnized in the place where, and by a 
 person by whom the same ought to have been published and solem- 
 nized, respectively : nor shall any evidence be received to prove the 
 contrary. 
 
 XrV. And be it, &c., that every person who shall knowingly wufuiiy soi- 
 and wilfully solemnize any Marriage by virtue of this Act, unless after jSSge 
 due publication of Banns, or under Licence to be granted as hereinbe- ^'n™'„r"° 
 fore mentioned, shall be guilty of felony — and being convicted thereof ^'"""e— 
 shall be liable to be imprisoned, with or without hard labour, for any ° °''^' 
 term not exceeding two years. 
 
 XV- And in order to procure the evidence of Marriage under AiiMar- 
 the provisions of this Act, and to make the proof thereof certain and aSl^^e'd 
 easy, and for the direction of such Ministers as aforesaid and others in i° the pres- 
 the registration thereof: be it, &c., that all Marriages under the pro- nes^es, ana' 
 visions of this Act shall be solemnized in the presence of two or more "^'scrfb^ 
 credible "Witnesses besides the Minister who, (in cases of Marriages ^''™- 
 solemnized by Ministers) shall solemnize the same : and that immediate- 
 ly after the solemnization of every such Marriage, an entry thereof shall 
 be made in a Marriage Register Book to be kept for that purpose by 
 some such Minister as aforesaid, or by some proper Officer, in some 
 safe custody, for the place or the Congregation in which Marriages 
 may be solemnized ; and every page of every such Begister Book shall 
 be numbered progressively from the beginning to the end, beginning 
 with number one ; and every place of entry shall also be numbered 
 progressively from the beginning to the end of the Book, beginning 
 with number one ; and every entry shall be divided from the following 
 entry by a straight black line ; and in every such entry it shall be ex- 
 pressed that the Marriage was had byJBanns or Licence ; or in the case 
 of Marriages of Quakers or Jews, that it was had according to the 
 
488 BERMUDA ACTS. [1847. 
 
 usages of those persons respectively — and if both or either of the par- 
 ties married by Licence be under age, and not a "Widow or "Widower, 
 that it was had with the consent of the parents or Guardians, or other 
 person or persons having lawful authority to withhold consent to the 
 Marriage ; or after such order of the Governor in Council as aforesaid ; 
 and (in cases of Marriages solemnized by Ministers) it shall be signed 
 by the Minister with his proper addition, and in all cases, shall be 
 signed by the parties married ; and shall be attested by such two "Wit- 
 nesses ; and every such entry ^ all be in the form or to the effect of 
 the specimen contained in the Schedule (A.) hereunto annexed — and 
 of such entry, at the same time, before the parties depart, shall then 
 BupUcate and there be made, on a separate piece of paper, parchment or vellum, 
 beSide M°d ^ duplicate original Eegister, in which the same matter shall be entered 
 'rufe^se'cr^- ^^^ sigucd, aud attested by the same parties, in manner and to the 
 tary, under effcct of the Specimen contained in the Schedule {B.) hereunto annex- 
 penaity. ^^ . ^jjjg|j gg^|^ duplicate Original Register shall be left in the hands 
 of the Minister by whom the Marriage was solemnized ; or in cases of 
 the Marriages according to the usages of the Quakers or Jews, of the 
 Registering Officer of the Society or Congregation of Quakers, or 
 Synagogue of Jews, (as the case may be) to be by him within seven 
 days from the date thereof transmitted to the Secretary of the Colony ; 
 and every such Minister, Registering Officer of Quakers, or Officer of 
 a Synagogue, who shall neglect to transmit any such duplicate original 
 Register as aforesaid, within the period of time aforesaid shall forfeit 
 and pay to Her Majesty her Heirs and Successors the Sum of Twenty 
 Pounds for every such offence, besides cost of prosecution — such pen- 
 alty to be paid into the Public Treasury, and applied for and towards 
 And pre- the support of the government of these Islands. And every such 
 offl'ce and '^ duplicate original Register shall be filed and safely preserved by such 
 thf Mar"'" Secretary in his office, and shall be accurately copied into a strong and " 
 S Bo^kf '" <ipi'9'bly bound Book to be provided by him, to be called the "Mar- 
 riage Register Book," the cost of providing which shall be defrayed 
 like other contingent charges of Government ; and every page of such 
 Book shall be numbered progressively from the beginning to the end, 
 beginning with number one ; and every place of entry therein shall 
 also be numbered progressively from the beginning to the end of 
 the Book, beginning with number one; and every entry shall be 
 divided from the following entry by a straight, black line; and for 
 indeSau" ™°^® '^^^^ reference an Alphabetical Index shall be made by the Seere- 
 bemade.* tary to the said Book ; and the Secretary shall be entitled to receive 
 One Shilling for registering every Marriage therein, to be provided for 
 Re^teJ ^^^"^^ other contingent charges of Government ; and every such original 
 Duplicate Register, and also every copy thereof, certified under the hand of the 
 Be^^sterand j^inigter, Registering Officer of Quakers, or Officer of the Synagogue 
 ofThe B?gb- ^^<^' ^^^ *^® *i°^® ^^i°g s^a,ll have the lawful custody of the original, 
 i7the mT/ *° ^^ ^ ^^^^ '^'^^^ ' ^^^ every such duplicate original Register and also 
 riage^Kegis- cvcry copy thereof, and every copy of the Registry thereof in the Mar- 
 llevideVce "age Register Book in the Secretary's Office, certified under the hand 
 of the facts, of the Secretary of the Colony, or his lawful Deputy, to be a true copy 
 — shall, respectively, be good evidence of the facts therein recorded, in 
 pursuance of this Act, in and before all Courts and proceedings what- 
 ever, in which it shall be necessary to give evidence of the Marriage 
 to which the same shall relate. 
 
1847.] BERMUDA ACTS. 489 
 
 XVI. And in order to ensure accuracy and uniformity in the reg- f^"^^^^^^^" 
 istering of Marriages solemnized under the, provisions of this Act, be pSed™ 
 it enacted that the Secretary of the Colony, from time to time, shall pSe'""' 
 cause to be printed a sufficient number of Blanks of Forms of .duplicate K«giBters. 
 original Registers, according to the effect of the Schedule (B.) hereunto 
 annexed ; the expense of which shall be provided for like other contin- 
 gent charges of Q-overnment ; and from time to time shall issue a 
 moderate and sufficient number of such blank forms, gratis, to ,any 
 Christian Minister or Registering Officer of any Society or Congrega- 
 tion of Quakers, or Officer of any Jewish Synagogue resident in these 
 Islands, who shall apply for the same. 
 
 XVII. And belt, &c., that it shall be lawful for all persons, at all Registers 
 reasonable times in the day, except on Sundays and lawful holidays, ^ectedand 
 to search the original Eegister Book, and also the file of du;pli«ate ""p''^**''- 
 original Registers in the Secretary's Office, and the Marriage Eegister 
 
 Book there, in the presence of the person for the time being having the 
 care of the same ; and to have true copies of any Entries in either of 
 the said Books, or of the said duplicate original Registers certified 
 under the hand of the person having the custody of the original, or 
 duplicate original or Register Book as aforesaid, which true copies the 
 said Secretary or his Deputy, or Minister or Registering Officer as 
 aforesaid are hereby respectively required to make, examine and certify 
 under their hands respectively, and such Secretary, Minister or other 
 persQii having the custody of such original or duplicate Register or 
 Register Book shall be entitled to demand and receive the following 
 fees (that is to say) for every search in the said Book or on the said files ^««»- 
 for any number of particular entries One Shilling ; for every such certi- 
 fied copy as aforesaid — One Shilling. 
 
 XVm. And be it, &c., that if any person shall unlawfully Erasing, de- 
 and wilfully erase, obliterate, injure or destroy, or cause to be erased, ^JjE^""^ 
 obliterated, injured, or destroyed, any such Original Register Book, or Registers, or 
 any part thereof, or any such Duplicate Original Register or Marriage certifeates!' 
 Register Book, or any entry or part of any entry in any such Book or 
 Register, or shall willfully forge, alter, or shall falsely make or coun- 
 terfeit, or cause, procure, or permit to be forged, altered, falsely made 
 or counterfeited any part of any such Register Book, or any entry 
 therein or any certified Copy of any such entry : or shall wilfully in- 
 sert or cause to be inserted, in any Register Book, or certified Copy 
 thereof or of any part thereof, any false entry of any Marriage, or shall 
 knowingly and wilfully give, issue, deliver or utter any false certifi- 
 cate, or any such forged, false or altered copy as aforesaid ; every such 
 person shall be guilty of Felony, and being convicted thereof shall be reiony. 
 liable to be imprisoned, either with or without hard labour, for any 
 term not exceeding two years. 
 
 XIX. Provided always, and be it, &c., that no person charged ce^^ji^ 
 with the duty of registering any Marriage under this Act, who shall rors'ma/be 
 discover any errors to have been committed in the form or substance °°'"'''"'^''- 
 of any such entry, either by himself or any Predecessor in his Office, 
 shall be therefore liable to any of the penalties aforesaid, if within one 
 Calendar Month next after the discovery of any such errors, in the 
 presence of the parties married, or in the case of the death or absence 
 
490 BERMUDA ACTS. [1847. 
 
 of sucli parties, then in the presence of any neighbouring Justice of 
 the Peace, and of two other credible "Witnesses who shall respectively 
 attest the same, he shall correct the erroneous entry according to the 
 truth of the case by entry in the margin without any alteration of the 
 original entry, and shall sign the marginal entry and add thereunto 
 the day of the month and year when such correction shall be made — 
 and in every case shall make the like alteration in the certified copy 
 of the Kegister Book to be made by him ; or in case such certified 
 copy shall nave been already made he shall make and deliver in like 
 manner a certified copy of the original erroneous entry, and of the 
 marginal correction therein made. 
 
 heSo re- ^^- ■^'^^ ^^ ^*> <^°-7 1^^* nothing in this Act contained shall 
 quire cier- \,q deemed or construed to authorize or require any Clergyman of the 
 chimjh°of " Church of England, or of the United Church of England and Ireland, 
 foifmSze" or any Incumbent or Ofiiciating Minister of any of the Parish Churches 
 ^ub^h'* °^ ^^ these Islands, to solemnize Marriage, or to publish Banns of Mar- 
 Banns other- riage otherwise than they would have been authorized and required 
 before.*" to do if this Act had not been passed. 
 
 Nortoatfect XXI. Aud bc it, &c., that nothing in this Act contained shall be 
 eri" "to**"^' deemed or construed to affect the right of the Governor of these Islands 
 MDM^as *^ grant Marriage Licences in such cases and in such manner as he 
 before. now may lawfully grant the same. 
 
 «o^of°word XXn. And be it, &c., that the word " Governor " in this Act shall 
 "GoTer^o"!" be taken to mean the Governor or other Ofiicer for the time being 
 administering the Government of these Islands. 
 
1847.] 
 
 BERMUDA ACTS. 
 
 491 
 
 00 
 CO 
 
 
 p^ 
 
 
 
 f^ 
 
 
 
 H 
 
 
 
 CO 
 
 
 
 h-l 
 
 
 -^ 
 
 ^5 
 
 
 fe^ 
 
 [^ 
 
 
 g 
 
 M 
 
 
 f^ 
 
 
 
 s 
 
 )-A 
 
 
 S 
 
 < 
 
 
 ^ 
 
 ^ 
 
 
 
 1— ( 
 
 03 
 
 
 zi> 
 
 
 
 1— 1 
 
 33 
 
 
 M 
 
 m 
 
 
 O 
 
 .a 
 
 13 
 i 
 
 1— H 
 O 
 
 CQ 
 02 
 
 11. 
 
 O 
 
 
 George Oiiambers, tlie Father. 
 
 
 ii 
 
 13 
 
 cq 
 1 
 
 
 
 1 a 
 ° e 
 
 'Z s 
 
 <Btn 
 
 a 
 
 is: 
 
 a 
 
 1 
 
 1 
 o 
 
 1 
 
 O 
 
 
 If 
 
 P 
 
 
 
 
 
 "3 
 6 
 
 
 
 1 
 
 6 
 
 J 
 
 1 
 
 
 
 be 
 
 d 
 
 
 a 
 11 
 
 1 
 
 .3 
 1 
 
 1 
 
 >3 
 
 
 1 
 
 
 
 
 i - 
 
 
 
 1848 
 
 S 
 
 K 
 
 ri2 
 
 a 
 
 pq 
 
 03 
 
 a 
 
 
 
 o 
 
 
 
 c3 
 
 
 
 «t-i 
 
 
 ^-s 
 
 <» 
 
 •S 
 
 
 o 
 
 ^ 
 
 ^ 
 
 
 ^6 
 
 60 
 
 
 
 ■73 
 
 o 
 o 
 o 
 
 p! 
 
 
 CS 
 
 O 
 
 ^ 
 
 TS 
 
 w 
 
 
 
 g 
 
 <D 
 
 1=1 
 
 
 ^ 
 
 s 
 
 fl 
 
 
 (D 
 
 o 
 
 ^ 
 
 tf 
 
 IB 
 
 O 
 
 rja 
 
 ^ 
 
 n3 
 
 o 
 
 -4^ 
 
 13 
 
 S 
 
 OJ 
 
 Ph 
 
 .a 
 
 s 
 
 cS 
 
 p 
 
 'O 
 
 .J3 
 
 O 
 
 i 
 
 CD 
 
 rt 
 
 ^ 
 
 02 
 
 03 
 
 02 
 
 
 t>j 
 
 CO 
 
 
 (D 
 
 oj 
 
 rJ:3 
 
 ^ 
 
 ^ 
 
 
 <D 
 
 
 d 
 
 ^ 
 
 
 CQ 
 
 
 
 ;-t 
 
 a> 
 
 •.'-1 
 
 c3 
 
 :S 
 
 J3 
 
 3 
 
 ^ 
 
 ^ 
 
 •.^3 
 
 tS 
 
 
 03 
 
 0) 
 
 p=i 
 
 P^ 
 
 s 
 
 H 
 
 o 
 
 CS 
 
 
 F^ 
 
 ^ 
 
493 
 
 BERMUDA ACTS, 
 
 [1847. 
 
 ft; 
 
 H 
 
 I— I 
 
 O 
 1-:; 
 
 <1 
 
 ft] 
 
 |Zi 
 
 1 
 
 l-H 
 
 1— I 
 P^ 
 
 ^ 
 
 o 
 
 1^2 
 
 
 
 w 
 
 
 H 
 
 
 <t1 
 
 
 O 
 
 
 l-H 
 
 
 h^l 
 
 
 PM 
 
 
 P 
 
 
 P 
 
 i 
 
 
 i 
 
 
 
 g§ 
 
 
 1 
 
 
 
 rS 
 
 
 Ps 
 
 
 
 EUD 
 
 
 <D 
 
 
 
 S-9 
 
 
 ■S 
 
 
 
 S '^ 
 
 
 
 
 
 S 0> 
 
 
 
 
 
 r o 
 
 
 ^ 
 
 
 
 ^'S 
 
 
 i 
 
 
 
 "S ■=■ 
 
 
 ,d 
 
 
 
 §6 
 
 
 o 
 
 
 
 
 
 g> 
 
 
 
 ^1 
 
 
 O 
 CD 
 
 
 
 S 
 
 
 tf 
 
 
 
 h 
 
 
 
 
 
 o 
 
 n 
 
 
 
 
 a ® 
 
 a 
 
 
 
 
 §1 
 
 >^ 
 
 
 
 
 w§ 
 
 M 
 
 
 
 
 sa 
 
 S 
 
 
 
 
 % 
 
 ■"1 
 
 
 
 
 -d 
 
 
 
 
 
 
 a 
 
 
 
 
 as 
 
 K2 
 
 « 
 
 g 
 
 1 
 
 
 
 in F-i 
 
 
 
 
 
 'S^ 
 
 1 
 
 §> 
 
 
 
 ^ 
 
 o 
 
 o 
 
 
 
 
 J3 
 
 o 
 
 
 
 ^ 
 
 H 
 
 o 
 
 
 
 © 
 
 — • — 
 
 — k_ 
 
 
 
 a 
 
 :i 
 
 a 
 
 
 
 © w> 
 
 « 
 
 ^ 
 
 
 
 l-S 
 
 PM 
 
 Ph 
 
 
 
 -1 
 
 <w 
 
 O-l 
 
 
 
 si^ 
 
 o 
 
 O 
 
 
 
 « ff. 
 
 o 
 
 
 
 
 g| 
 
 s 
 
 g 
 
 
 
 'or^ 
 
 o 
 
 o 
 
 
 
 1*3 
 
 H 
 
 w 
 
 
 
 « 
 
 
 
 
 
 » 
 
 d 
 
 d 
 
 
 
 t, s 
 
 tH 
 
 
 
 
 S.S 
 
 5 
 
 
 
 
 J<l n 
 
 1=) 
 
 
 
 
 II 
 
 1 
 
 
 
 
 PM 
 
 '-' 
 
 
 
 
 pi 
 
 r^ 
 
 fJ 
 
 
 
 ^ 
 
 o 
 
 o 
 
 
 
 S 
 
 '3 
 
 -w 
 
 n 
 
 
 
 1 
 
 
 1- 
 
 
 
 
 d 
 
 
 
 
 
 bo 
 
 ^' 
 
 
 
 8. 
 
 < 
 
 o 
 
 
 
 
 
 ■«l 
 
 1 
 
 S 
 
 
 
 i 
 
 d 
 
 1 
 
 
 
 « g3 
 
 
 a 
 
 
 
 ►aoa 
 
 i 
 
 
 
 
 -CJ 
 
 H 
 
 l>t 
 
 
 
 p] 
 
 fl 
 
 o 
 
 
 
 oS 
 
 >? 
 
 5 
 
 
 
 •T3 
 
 
 
 
 
 .2 
 
 t^ 
 
 
 
 
 i 
 
 Im 
 
 
 
 
 ^ 
 
 gs 
 
 
 
 
 a 
 
 v?'^ 
 
 
 
 
 s 
 
 m 
 
 
 
 
 ^ 
 
 ^^ 
 
 
 
 
 ^ 
 
 1 <-! 
 
 1 
 
 
 
 !2i 
 
 1 
 
 
 
 
 ^ 
 
 
 
 
 
 r^ 
 
 ^> 
 
 
 
 
 
 •4-^ 
 
 
 
 
 
 
 
 
 
 n 
 
 "^ 
 
 
 
 
 !=l 
 
 P^ 
 
 
 
 
 csi 
 
 ^ 
 
 
 
 
 ;-! 
 
 cJ 
 
 .-— '—— ^ 
 
 
 
 
 c8 
 
 ci^ 
 
 
 
 
 s 
 
 ^N 
 
 
 
 .a 
 
 Ph 
 
 
 O 
 
 § 
 
 
 y— N 
 
 
 
 03 
 
 ft:i 
 
 -(^ 
 
 
 
 ■*J 
 
 
 
 
 
 .3 
 
 2 
 
 
 
 
 =« £ 
 
 g 
 
 O 
 
 _d 
 
 
 ■^ a 
 
 a) 
 
 &0 
 
 n 
 
 o 
 
 
 3 =^ 
 
 - O 3 
 
 o 
 -♦^ 
 
 1 
 
 1 
 
 u 
 
 t3 
 
 g 
 
 
 HdhI 
 
 -4J 
 
 M 
 
 
 0- 
 
 (B 
 
 § 
 
 
 
 S 
 
 a 
 
 CD 
 
 
 
 a> 
 
 !>j 
 
 
 -*J 
 
 
 ^ 
 
 ri2 
 
 -tJ 
 
 
 
 •s 
 
 ^ 
 
 <I> 
 
 
 
 
 <D 
 
 
 o 
 
 
 r^ 
 
 -M 
 
 s 
 
 1 — 1 
 
 
 -^ 
 
 "So 
 
 -g 
 
 1) 
 
 
 o 
 
 ,i3 
 
 ^ 
 
 
 "E 
 
 P5 
 
 
 
 
 i 
 
 r— 1 
 
 .9 
 
 3 
 
 eS 
 
 
 O 
 
 a 
 
 .g 
 
 1^ 
 
 
 □Q 
 
 s 
 
 <D 
 1 
 
 
 C8 
 
 o 
 
 2 
 
 S 
 
 a> 
 
 
 
 
 1 
 
 ,n 
 
 
 h 
 
 
 ^ 
 
 +J 
 
 
 ^ 
 
 ^ 
 
 C3 
 
 03 
 
 
 ^ 
 
 ^ 
 
 © 
 
 t! 
 
 
 to 
 
 Pi 
 
 ~a 
 
 0) 
 
 
 ^ 
 
 "a 
 
 c3 
 
 ^ 
 
 c4 
 
 
 
 ;^ 
 
 
1847-8.] BERMUDA ACTS. 493 
 
 1847. No. 21. 
 
 AN ACT to prevent the Cruel omd improper treatment of Cattle. 
 
 [2 October, 184Y.] 
 
 WHEEEAS it is reasonable and just to prevent the cruel and P'?™bie. 
 improper treatment of Horses and other Cattle used for the benefit or 
 convenience of Man, which abuse or ill treatment of Horses especially 
 sometimes consists in overloading them, in using or working them 
 when in a miserably low condition, or when manifestly incapacitated 
 for service by age, lameness or wounds : 
 
 I. "We, therefore, &c., and be it enacted, &c., that if any person penalty on 
 shall wantonly and cruelly beat, abuse or ill'treat, in any of the ways ment'or* 
 above mentioned or otherwise, any Horse, Mare, Gelding, Mule, Ass, ^*"'°- 
 Ox, Cow, Heifer, Steer, Sheep, Goat, Hog or other Cattle, such per- 
 son being convicted thereof before a Justice of the Peace, on his or 
 
 her own confession, or on the evidence of one or more credible Wit- 
 nesses, shall incur a Fine to Her Majesty of any Sum not exceeding 
 Five Pounds, and not less than Ten shillings, and if such Fine, to- 
 gether with costs, (if ordered) shall not be paid, either immediately 
 after conviction or within such time as the Justice shall appoint, the 
 Justice may commit the Offender to one of Her Majesty's Gaols, there 
 to be imprisoned, with or without hard labour as lie shall think fit, 
 for any term not exceeding three calendar months, unless such fine 
 and costs be sooner paid ; Provided however, that no person shall be .^.^^ ^^ 
 liable to be punished under this Act unless the prosecution for the prosecation. 
 offence be commenced within fifteen days after the same be committed. 
 
 II. And be it, &e., that this Act shall be and continue in force, Duration. 
 for and during the term of five Years from the time of the passing 
 thereof, and then determine and expire. 
 
 [Made perpetual, with a clause requiring Constables to carry it into effect, by Act of 
 1860, No. 1.] 
 
 1848. No. 7. 
 
 AN ACT to continue and amiend the Aot providing for the payment 
 of Witnesses in Criminal Cases. 
 
 [10 June, 1848.] 
 
 "WHEEEAS the Act of the Legislature of these Islands, intituled p^^^^^^i^ 
 " An Act to provide for payment of "Witnesses attending the Courts 
 of General Assize, or Quarter or General Sessions of the Peace, in 
 Criminal Cases " — was passed in the year of our Lord one thousand 
 eight hundred and thirty-six, for a limited time, and was continued in 
 force for a further period of time by an Act passed in the year one thou- 
 sand eight hundred and thirty-seven, and was amended by another Act 
 
494 
 
 BERMUDA ACTS, 
 
 [1848. 
 
 Act of 1886, 
 continued 
 with amend- 
 ments. 
 
 passed in the year one thousand eight hundred and thirty-eight ; and 
 the said Acts passed in the years one thousand eight hundred and 
 thirty-six and one thousand eight hundred and thirty-eight have been 
 continued in force for a further period of time by another Act passed 
 in the year one thousand eight hundred a;nd forty-one, and it is expe- 
 dient to continue the said Act passed in the year one thousand eight 
 hundred and thirty-six in force for a further period of time, with the 
 amendments hereinafter contained : — 
 
 I. "We, therefore, &c., and be it enacted, &c., that the said Act 
 passed in the year one thousand eight hundred and thirty-six, the title 
 whereof is above recited, be continued in force for and during the 
 continuance of this present Act, with the amendments hereinafter 
 contained. 
 
 Any person 
 collusively 
 summoned 
 or bound 
 over as a 
 Witness to 
 be refused 
 payment. 
 
 II. And be it, 
 
 &c., that when 
 
 Kates of al- 
 lowance to 
 Witnesses. 
 
 any person summoned or bound 
 over to attend as a Witness in any Criminal Case, in either of the 
 above mentioned Courts, shall demand payment for attendance therein 
 under the said Act passed in the year one thousand eight hundred 
 and thirty-six, or this present Act, and it shall appear to such Court 
 that such Witness attended either by collusion with the party at 
 whose instance he was summoned or bound over, or by procuring 
 himself to be summoned or bound over for the sake of obtaining such 
 allowance, then and in such case it shall be lawful for the Judge or 
 Justices of such Court to refuse granting any Certificate for the pay- 
 ment of such Witness. 
 
 in. And be it, &c., instead of the rates of allowance to Witnesses 
 of tbe former Current Money of these Islands expressed in the said 
 Act of one thousand eight hundred and thirty-six, that from and after 
 the passing of this present Act, upon the production to the Public 
 Treasurer of any such Certificate as in the said Act is mentioned, he 
 shall be, and he hereby is authorized and required to pay out of the 
 Public Treasury of these Islands as follows, (that is to say,) to each 
 and every Witness residing in the Parish of Saint George the sum of 
 three shillings and six pence, to each and every Witness residing in 
 either of the Parishes of Sandys or Southampton, the sum of three 
 shillings, to each and every Witness residing in either of the Parishes 
 of Hamilton, Smith or Warwick, the sum of two shillings and six 
 pence, and to each and every Witness residing in either of the Parishes 
 of Paget, Devonshire or Pembroke, the sum of two shillings, of the 
 present lawful money of these Islands for every day such Witness 
 shall appear by such Certificate to have attended as a Witness in any 
 Criminal Case in either of the said Courts. 
 
 rV. And be it, &c., that this Act shall continue in force until and 
 
 o7i8K '"'' throughout the last day of December, which will be in the year of 
 Our Lord one thousand eight hundred and fifty-three, and then to 
 determine and expire. 
 
 Act to be in 
 
 [Continued to the end of 1862, by Act of 1882, No. 4.] 
 
1848.] BERMUDA ACTS. 495 
 
 1848. No. 8. 
 
 I 
 
 AN ACT to reveal the Act intituled " An Act for raising a Publick 
 Revenue for the support of the Government of these His Majes- 
 ty's Isla/nds,^^ and to repeal the Act intituled '■'■An Act to amend 
 the Act intilmled ' An Act for raising a Publich Revenue for the 
 support of the Government of these His Majesty's Islands.'' " 
 
 [16 June, 1848.] 
 
 "WHEEEAS by tlie Act passed by the Legislature of these Islands Preamble. 
 in the year of Our Lord one thousand six hundred and ninety-eight, 
 intituled "An Act for raising a Publick Revenue for the support, of 
 the Government of these His Majesty's Islands" — it is enacted that 
 all Liquors, Wine, Cyder, Beer, Ale or Mum, imported or landed in 
 these Islands by any Stranger or Strangers, the Owners thereof not 
 being Inhabitants here, shall pay certain rates or Duties therein men- 
 tioned — But if the Owner or Importer of such Liquors, Wine, Cyder, 
 Beer, Ale or Mum, as aforesaid, be an Inhabitant of these Islands, 
 that he or they shall pay certain lower rates or Duties for the same 
 therein mentioned : — and whereas by a certain other Act passed by 
 the Legislature of these Islands in the year of Our Lord one thousand 
 eight hundred and forty-two, intituled " An Act to amend the Act 
 intituled " An Act for raising a Publick Pevenue for the support of 
 the Grovernment of these His Majesty's Islands " — it is enacted that 
 instead of the rates and Duties payable imder the said first recited 
 Act on any kind of Liquor imported or landed in these Islands by 
 Persons or Strangers not Inhabitants here, or of which the Owners 
 are not Inhabitants of these Islands, there shall be paid and payable 
 only such and the same rates and Duties as are payable on the same 
 kind of Liquor when imported by or belonging to any Inhabitant of 
 these Islands : — and whereas it is expedient to repeal the said recited 
 Acts : 
 
 I. We, therefore, &c., and be it enacted, &c., that the aforesaid Actgofi698, 
 recited Acts be, and the same hereby are repealed. ^p^eaiea. 
 
 II. And be it further enacted, that this Act shall not commence g^^ 
 in operation until the Eoyal Assent sliall be had thereto and made clause. 
 known in these Islands. 
 
 [Confirmed by the Crown, 9 March, 1850.] 
 
496 BERMUDA ACTS. [1848. 
 
 1848. No. 9. 
 
 AN" ACT to regulate the Importation of BooTcs, and to protect the 
 
 Brit%sh Author. 
 
 [16 June, 1848.] 
 
 Preamble. WHEEEAS Under the Provisions of the Act of the Imperial 
 
 Parliament made and passed in the Tenth and Eleventh years of Her 
 Majesty's Keign, intituled " An, Act to amend the Law relating to the 
 protection in the Colonies of Works entitled to protection in the 
 United Kingdom" — it is expedient to legislate on the Law of Copy- 
 right : — 
 
 All Books I. "We, therefore, &c., and be it enacted, &c., that from and after 
 
 po'rted'duty the time when this Act shall go into into operation, it shall be lawful 
 
 ?epr'inte°of ' ^'^ import all Books of whatsoever nature or kind, and from whatso- 
 
 protected ever Couutry the same shall be imported, save and except the Eeprints 
 
 ucaUoM."*"' of any Book or Books first composed, written or published in Great 
 
 Britain or Ireland, and protected at the time of such Importation by 
 
 the Laws of Copyright passed by the Imperial Parliament now in 
 
 force, and as hereinafter provided ; and that the said Books, save and 
 
 except the Beprints as aforesaid, shall be admitted into these Islands 
 
 duty free. 
 
 Ad valorem II. And belt, &c., that on the importation from any Foreign 
 per'cent^ M Couutry of any Beprint of any Book or Beview, bound or in covers, 
 the importa- of whatsoevcr nature or kind the same may be, first composed, writ- 
 foreign™ ten or published in the United Kingdom of Great Britain and Ireland, 
 of Mp'to'ts 8'ii<l protected at the time of such importation by the Acts of the 
 Britoh"""* Imperial Parliament to enforce the Law of Copy right, there shall be 
 Books. paid an ad valorem duty on the value of such Reprints of Fifteen per 
 Proviso as Ccntum : — Provided always, that such duty shall not be paid on 
 to extracts. J^ewspapcrs or other periodicals, containing Extracts only from such 
 Duty how Books or Beviews as aforesaid : and the said duty shall be paid into 
 nutted'to" the Public Treasury of these Islands, and, after making the deduction 
 London. thcrcfrom hereinafter provided for, shall be remitted by the Governor 
 of these Islands to the Commissioners of Customs at London, with a 
 detailed account thereof, at least once a year, in order that the said 
 Nett Duty may be duly paid over to the Begistered Proprietors of the 
 Re^rtotTof Copy right of such Books or Beviews respectively : — Provided also, 
 Bo*2kVo1?i *^^* before the Reprint of any Book or Beview be made liable to such 
 uabie. ad valorem duty as aforesaid, the said Book or Beview shall have 
 been duly registered according to the provisions of the Act of the 
 Imperial Parliament made in the Fifth and Sixth years of Her Ma- 
 jesty's Eeign intituled " An Act to amend the Law of Copy right ":— 
 Proviso. Provided also, that in order to provide a Fund for remunerating the 
 5 per Cent. Officers who shall coUcct and keep the account of such ad valorem 
 ducted out duty as aforesaid, there be deducted and retained in the Public Trea- 
 ?Sue"tTng tt ^^^y ^^ *^^^^ Islands, out of the duty so collected and paid in there as 
 ' aforesaid, five per centum on the amount of such duty. 
 
 III. And be it, &c., that after this Act shall go into operation it 
 shall not be lawful for any person to import or bring, or cause to be 
 
1848.] BEEMUDAACTS. 497 
 
 imported or brought into these Islands for use, sale or hire any Re- 
 print referred to in |,the foregoing clause of this Act, and therein and 
 thereby made liable to duty, contrary to the true intent and meaning 
 of this Act, or knowingly to sell, publish, or expose for sale, or let to 
 hire, or have in his or her possession for use, sale or hire, any such 
 Keprint ; and every such Eeprint so imported or brought, sold, pub- Penalty on 
 lished or exposed to sale, shall be forfeited and sold ; one half of the port?"^ wi'i- 
 proceeds thereof to be applied to the use of the Officer of Eevenue S-^Aa^g^ 
 seizing the same, and the other half to the registered Proprietor of the J"'' ^^^^ *"'''' 
 Copy right of the Book from which such reprint is made : — and fur- 
 ther, every person so offending, being duly convicted thereof before 
 any two Justices of the Peace in these Islands, shall for every such 
 offence forfeit the sum of five pounds, and double the value of every 
 Copy of such Keprint which he or she shall so import, or cause to be 
 imported into these Islands ; or shall knowingly sell, publish or expose 
 to sale, or let to hire, or shall have in his possession for use, sale or 
 hire, contrary to the true intent and meaning of this Act — two pounds how 
 thereof to the use of such Officer of Kevenue, and the remainder of °'^^ ° ' 
 such Penalty to be paid into the Public Treasury and remitted for the 
 use of the Proprietor of the Copy right, in the same manner as in the 
 second clause of this Act is provided. 
 
 IV. And be it, &c., that at the time of the Entry of any Reprint Reprints 
 of any Book or Review, it shall be lawful for the Officer passing such Sldfordu- 
 Reprint to stamp the same: — and the Public Treasurer of these tyto^e 
 Islands shall furnish, at the public expense, to the several Officers ^*™p°'^' 
 who may req^uire the same, the form of Stamps necessary for such 
 Service. 
 
 V. And be it, &c., that for the purpose of computing the Duty vaiue of 
 payable on any Reprints imported as aforesaid, the value thereof shall how™cer- 
 be ascertained by the Declaration in writing made and subscribed, '^'°^'*" 
 before the Public Treasurer or other proper Officer receiving the 
 Entry of such Reprints, by the Importer of such Reprints or his 
 known Agent, specifying the Invoice price thereof, and that he verily 
 believes such Invoice price was the true value thereof at the place 
 
 from whence the said Reprints were imported ; and such Invoice price 
 shall be deemed to be the value of the said Reprints upon which the 
 Duties imposed by this Act shall be charged and paid : Provided 
 always, that if it shall appear to the Public Treasurer, or other proper 
 Officer, that such Reprints have been invoiced below the real and true 
 value thereof at the place from whence the same were imported, or if 
 the Invoice price is not known, the said Reprints shall in such case be 
 examined by two competent persons to be nominated and appointed 
 by the Public Treasurer ; and such persons shall declare in writing, 
 before the Public Treasurer, or other proper Officer, what is the true 
 and real value of such Reprints in these Islands : and the value so de- 
 clared shall be deemed to be the true and real value of such Reprints, 
 and upon which the duties imposed by this Act shall be charged and 
 paid. 
 
 VI. And be it, &c., that this Act shall not go into operation until suspending 
 Her Majesty's Assent thereto shall be had and made known in these °'°'"^^- 
 Islands. 
 
 [Confirmed by the Crown, 13 February, 1849.] 
 63 
 
498 
 
 BERMUDA ACTS, 
 
 [1848. 
 
 1848. No. 10. 
 
 AN ACT to provide for the collection of the Revenue. 
 
 [4 July, 1848.] 
 
 Ship and 
 Cargo to be 
 reported on 
 arrival. 
 
 WHEEEAS the Act passed by the Legislature of these Islands in 
 the year of Our Lord one thousand eight hundred and forty-seven, in- 
 tituled " An Act to repeal certain duties of Customs," has been assented 
 to by Your Majesty, and it is expedient to make some provisions for 
 the more effectual collection of the revenue which may arise from 
 Duties to be levied under any Act of the Legislature of these Islands : 
 
 I. "Wei therefore, &c., and be it enacted, &c., that the master of 
 every ship arriving at these Islands, whether laden or in ballast, shall 
 come directly and before Bulk be broken to the Office of the Eeceiver 
 General, and there make, subscribe, declare to, and deliver a report 
 in writing to the Eeceiver General or other proper Officer of theEev- 
 enue of these Islands of the arrival and voyage of such Ship, stating 
 her name, country, and tonnage, and if British the Port of Eegistry, 
 the name and country of the Master, the country of the Owners, the 
 number of the crew, and how many are of the country of such Ship, 
 and whether she be laden or in ballast, and if laden, the marks num- 
 bers, and contents of every package and parcel of goods on board, and 
 where the same was laden, and where and to whom consigned, and 
 where any and what goods, if any, had been unladen during the 
 voyage, as far as any such particulars can be known to him ; and the 
 Master shall further answer all such questions concerning the Ship and 
 cargo, and the crew, and the voyage as shall be demanded of him by 
 such Officer ; and if any goods be unladen from any Ship before such 
 
 false report. Ecport be made, or if the Master fail to make such Eeport, or make 
 an untrue report, or do not truly answer the questions demanded of 
 him, he shall forfeit the sum of one hundred pounds, and if any goods 
 be not reported, such goods shall be forfeited. 
 
 II. And be it, &c., that the Master of every Ship bound from 
 these Islands shall before such Ship depart make, subscribe, declare 
 to and deliver to the Eeceiver General, or other proper Officer, an 
 Entry outwards under his Hand of the destination of such Ship, stat- 
 ing her name, country, and tonnage, and if British, the Port of Eeg- 
 istry, the name and country of the Master, the country of the Owners, 
 the number of the crew, and how many are of the country of such 
 Ship; and if any Ship shall depart before such entry be made, 
 the Master of such Ship shall forfeit the sum of fifty pounds ; and be- 
 fore such Ship depart, the Master shall bring and deliver to the 
 
 Content Eccciver General or other proper Officer a content in writing under 
 ofthecargo. i^jg Hand, of the goods laden, and the names of the respective Ship- 
 pers and consignees of the goods, with the marks and numbers of the 
 packages or parcels of the same, and shall make and subscribe a decla- 
 ration to the truth of such content as far as any of such particulars can 
 be known to him : and the Master of every Ship bound from these 
 Islands, whether in ballast or laden, shall before departure come be- 
 
 Penalty for 
 
 Entry out- 
 wards of 
 Ship and 
 Cargo. 
 
 Particulars 
 of Entry. 
 
 Penalty. 
 
1848.] BERMUDA ACTS. 499 
 
 fore the Receiver General, or other proper Officer, and answer all such 
 questions concerning the Ship and cargo, if any, and the crew, and the 
 voyage, as shall be demanded of him by such Officer ; and thereupon clearance 
 the Eeceiver Greneral or other proper officer, if such Ship be laden, shall ^oylfe!"" 
 make out and give to the Master a certificate of the clearance of such 
 Ship for her intended voyage, containing an account of the total 
 quantities of the several sorts of goods laden therein, or a certificate 
 of her clearance in ballast, as the case may be ; and if the Ship shall 
 depart without such clearance, or if the Master shall deliver a false Penalty, 
 content, or shall not truly answer the questions demanded of him, he 
 shall forfeit the sum of one hundred pounds. 
 
 No Goods to 
 
 m. And be it, &c., that no goods shall be stated in such certifi- as thep" - 
 cate of clearance of any Ship from these Islands, to be the produce of f^e^e isi- 
 these Islands, unless such goods shall have been expressly 'stated so to anas, unless 
 
 T^ • ,i_ , , I °n .I i. d 50 Stated in 
 
 be m tne entry outwards ot the same. Entry out- 
 
 wards. 
 
 lY. And be it, &c., that no goods shall be laden or waterborne Entry of 
 
 to be laden on board any Ship, or unladen from any Ship in these fadc^n,'" ^^ 
 
 Islands, until due entry shall have been made of such goods, and war- or unladen. 
 
 rant granted for the lading or unlading of the same ; and that no Regulations 
 
 goods shall be so laden or unladen except in the presence or with the inwardsand 
 
 permission in writing of the proper Officer ; and that all goods laden 
 
 or waterborne or unladen contrary to the regulations of this Act shall pe„aity. 
 
 be forfeited. 
 
 Y. And be it, &c,, that the person entering any Goods shall sub- pajticu,„g 
 scribe, declare to and deliver to the Receiver General or other proper of Entry of 
 Officer, a Bill of the entry thereof, fairly written in words at length, wards and 
 containing the name of the Exporter or Importer, and of the ship, and °""''"''^»- 
 of the master, and of the place to or from which bound, and of the 
 place within these Islands where the goods are to be laden or unladen, 
 and the particulars of the quality and quantity of the goods, and the 
 packages containing the same, and the marks and numbers on the 
 packages, and shall also deliver at the same time a duplicate of such 
 Bill, m which all sums and numbers may be expressed in figures ; and 
 the particulars to be contained in such bill of entry shall be written 
 and arranged in such form and manner as the Receiver General or 
 other Principal Officer of Revenue at the Port shall require, and such 
 person shall at the same time pay down all duties due upon the goods, 
 which are payable immediately, and give security for all duties paya- 
 ble at any future time — and the Receiver General or other proper 
 Officer shall thereupon grant his warrant for the lading or unlading Duties to be 
 of such goods, and the duties upon all goods imported shall be deemed fmporta-"" 
 to be payable immediately upon the importation thereof, unless other- ''O"- 
 wise expressly provided by some Act. 
 
 YI. And whereas a certain degree of uniformity in the form of ^°™ J' ^°; 
 bills of entry will not only be productive of dispatch to merchants in pucate.see 
 the entering of goods, and the paying of duties thereon, but will also s^^J^"'^^'^ 
 afford facility in the arranging and checking the accounts of the i85ijSes|. 2, 
 Revenue, be it enacted that it shall be lawful for the Receiver General 
 or other proper Officer, to require every person entering any goods, to 
 make such bill of entry in the form of the Schedule A, hereto annexed, 
 
500 
 
 BERMUDA ACTS, 
 
 [1848. 
 
 Regulations 
 for Mail 
 Steam 
 Packets. 
 
 exhibiting the marks, description, quantity, value, rate of duty, and 
 amount of duty of, or upon such goods, in distinct columns, and classi- 
 fying such goods so as to separate such as are liable to specific duties, 
 from such as are liable to an ad valorem duty, and from such as are 
 duty free : or in such other form as such Eeceiver General or other 
 proper Officer shall deem applicable to the particular case, and may 
 require. 
 
 yn. And whereas a number of steam packets carrying passengers 
 and Her Majesty's mails now arrive at, and after a very short stay 
 depart from these Islands, and it is expedient to afford_ them every 
 facility and dispatch which may be practicable and consistent with a 
 due protection of the Eevenue — Be it enacted that it shall be lawful 
 for the masters of every such steam packet either to comply with the 
 regulations imposed by this Act upon the masters of ships in general, 
 or, instead thereof, to make entry of his ship and her cargo, either with 
 the Eeceiver General or the Assistant Eeceiver General, or any officer 
 of the Eevenue of these Islands, who shall be stationed at Ireland 
 Island, or elsewhere in these Islands, where such steam packet may 
 discharge or receive on board any goods, and any goods laden in any 
 such steam packet may be transhipped from one such steam packet to 
 another, without any payment of duty thereon, and without entering 
 the same at the office of the Eeceiver General or the Assistant Eeceiver 
 General, and that every person who shall land in these Islands any 
 dutiable goods from any such steam packet, shall be bound to make 
 due entry thereof either with the Eeceiver General or the Assistant 
 Eeceiver General, and pay duty thereon, within forty-eight hours after 
 the landing thereof, and in default thereof, shall forfeit and; pay the 
 sum of fifty pounds, and all such goods so landed, without due entry 
 and payment of the duty thereon as aforesaid, shall be forfeited. 
 
 Entryin- YIII. And bc it cnactcd, that if the Importer of any goods shall 
 
 Bm of sT ht ™^^^ ^^^ subscribe a declaration before the Eeceiver General or other 
 ' proper Officer that he cannot, for want of full information, make a 
 perfect entry thereof, it shall be lawful for the Eeceiver General or 
 other proper Officer to receive an entry by Bill of Sight for the pack- 
 ages or parcels of such goods by the best description which can be 
 given ; and to grant a warrant thereupon, in order that the same may 
 be landed and secured to the satisfaction of the Eeceiver General or 
 other proper Officer, and at the expense of the Importer, and may be 
 seen and examined by such Importer in the presence of the proper 
 Within three officers ; and within three days after the goods shall have been so 
 feTEnky. landed, the Importer shall make a perfect entry thereof, and pay down 
 all duties due thereon which are payable immediately, and give security 
 for all duties payable at any future time — and in default of such entry, 
 such goods shall be taken to the Queen's "Warehouse ; and if the Im- 
 porter shall not, within one month after such landing, make perfect 
 entry of such goods, and pay the duties due thereon, together with the 
 charges of removal and warehouse rent, such goods shall be sold for 
 the payment thereof, and the overplus (if any) shall be paid to the 
 proprietor of the goods, or any other person authorised to receive the 
 same. 
 
' ExclusiTe" 
 
 1848.] BERMUDA ACTS. 501 
 
 IX. And be it, &c., that in all cases where the duties to be col- Goods sub- 
 lected or payable under this Act upon the importation of articles into miore^ 
 these Islands, are charged not according to the weight, tale, guage or ""'y- 
 measure, but according to the value thereof, such value shall be as- "^^^^^^^^ 
 certained by the declaration made and subscribed before the Eeceiver 
 General, or other proper Officer, by the Importer of such articles, or 
 his known agent, specifying the kind of articles, packages, and invoice 
 price thereof, inclusive of cost of packages but exclusive of other „ ^^^^^^. 
 charges, and that such invoice price was the true' cost thereof at the byi849, 
 place from whence the same were imported inclusive of cost of pack- ''°' ^^' 
 ages but exclusive of other charges, and the duty shall be charged 
 and paid upon such invoice price. Provided always, that if it shall 
 appear to the Eeceiver General, or other proper Officer, that such 
 articles have been invoiced below the real and true value thereof 
 at the place from whence the same were imported, or if the invoice- 
 price be not known or cannot be ascertained, the value of the same in 
 these Islands shall be determined by two merchants to be appointed for 
 that purpose by the Eeceiver General, or other proper Officer, and the 
 duties shall be charged and paid thereon. 
 
 X. And be it, &c., that if the Importer of such articles shall refuse if importer 
 to pay the duties thereon, it shall and may be lawful for the Eeceiver It^tl^n- 
 General, or other proper Officer, and he is hereby required to take and ^^*^?°g'„i(, 
 secure the same, with the casks or other package thereof, and to cause ™^^ 
 
 the same to be publicly sold within the space of twenty days at the 
 most after such refusal made, and at such time and place as such 
 Officer shall, by four or more days public notice, appoint for that pur- 
 pose, which articles shall be sold to the best bidder : and the money 
 arising from the sale thereof shall be applied in the first place in pay- 
 ment of the said duties, together with the charges that shall have been 
 occasioned by the said sale, and the overplus, if any, shall be paid to 
 such Importer or Proprietor, or any other person authorised to receive 
 the same. 
 
 XI. And be it, &c., that every Importer of any goods shall, within n Goods be 
 twenty days after the arrival of the importing ship, make due entry ^t\™'|5°* 
 inwards of such goods ; and in default of such entry, it shall be lawful aays, omcer 
 for the Officer of the Eevenue to convey such goods to the Queen's S!°°"^ 
 Warehouse; and if the duties upon such goods be not paid within Audit the 
 thirty days after such twenty days shall have expired, together with Duties be 
 all charges of removal and warehouse rent, the same shall be sold, and witwn'so 
 the produce thereof shall be applied, first to the payment of freight Ss^Say""' 
 and charges, next of Duties, and the overplus, if any, shall be paid to ''"°'*- 
 the proprietor of the goods, or any other person authorised to receive 
 
 the same. 
 
 XII. And be it, &c., that no goods shall be imported into these Goods im- 
 Islands, as being imported from the United Kingdom or from any ^°^^^f 
 other British Possession, (if any advantage attach to such distinction) unuedKing- 
 unless such Goods appear upon the cockets, or other proper documents i'sh'pos'^ses"'" 
 for the same, to have been duly cleared outwards at the Port of ex- |p°|^"^' 
 portation in the United Kingdom, or in such other British Possession, on cookets. 
 nor unless the ground upon which such advantage be claimed be stated 
 
 in such Cocket or Document. 
 
502 BERMUDA ACTS. [1848. 
 
 Goods XIII. And be it, &c., that no goods shall, upon importation into 
 
 deemed of these Isknds, be deemed to be of the growth, production or mannfac- 
 &'c ?f The' *^^® °^ *^^ United Kingdom, or of any British Possession in America, 
 u?'k° 4c.° or the Mauritius respectively, unless imported from the United' King' 
 
 dom, or from some British Possession in America, or the Mauritius, 
 
 respectively. 
 
 Entry not XIY. And be it, &c., that no entry, nor any "Waj*rant for the land- 
 
 Goodsnot ™g of any goods, or for the taking of any goods out of any "Ware- 
 properiy de- housc shaiU be deemed valid, unless the particulars of the goods and 
 packages in such entry shall correspond vrith the particulars of the 
 goods and packages purporting to be the same in the Eeport of the 
 Ship, or in the certificate or other document, where any is required 
 by which the importation or entry of such goods is authorized ; nor 
 unless the goods shall have been properly described in such entry, by 
 the denominations and with the characters and circumstances accord- 
 ing to which such goods are charged with duty or may be imported ; 
 and any goods taken or delivered out of any ship or out of any Ware- 
 house by virtue of any entry or warrant not corresponding or agreeing 
 in all such respects, or not properly describing the same, shall be 
 deemed to be goods landed or taken without due Entry thereof, and 
 shall be forfeited. 
 
 Warehouses XY. And wlicrcas it is expedient to make regulations for the ap- 
 pointcd'at pointing of proper Warehouses at the Ports of Hamilton and Saint 
 andst'°° George and for the lodging and securing of goods therein; — be it 
 George. therefore enacted that it shall be lawful for the Grovernor, by and with 
 the advice of the Council, by notice in writing under his Hand to ap- 
 point, from time to time, such Warehouses at the said Ports respect- 
 tively, as shall be approved of by His Excellency, by and with the 
 advice of the Council, for the free warehousing and securing of goods 
 therein for the purposes of this Act, and also in such notice to declare 
 what sorts of goods may be so warehoused, and also by like notice to 
 revoke or alter any such appointment or declaration. And every such 
 notice shall be published at the public expense, for three successive 
 weeks in all the newspapers then published in these Islands. 
 
 Goods may XYI. And be it, &c., that it shall be lawful for the Importer of 
 hoS'irith- any such goods to warehouse the same in the warehouses so appointed 
 If-D^t^o^^ without payment of any duty on the first entry thereof, subject never- 
 first Entry, thclcss to the Tulcs, regulations, restrictions and conditions hereinafter 
 contained. 
 
 stowage of XYII. And be it, &c., that all goods so warehoused shall be stowed 
 
 warthJ^se. in such parts or divisions of the Warehouse, and in such manner as the 
 
 Locking and Eeccivcr General or other proper Oflicer shall direct ; and that the 
 
 w™ihrase W^'i'ehouse shall be locked and secured in such manner and shall be 
 
 are ouse. ^pgjjg^j j^j^^j visitcd at such times, and in the presence of such Officers, 
 
 and under such rules and regulations, as the Receiver General or other 
 
 proper Officer shall direct ; and that all such goods shall, after being 
 
 Good's'^ l^ii^fid upon importation, be carried to the Warehouse, or shall, after 
 
 andf?om being takcu out of the Warchousc for exportation, or for Stores, be 
 
 Ware-House, carried to be shipped under such rules and regulations as the Eeceiver 
 
 General shall direct. 
 
1848.] B.EEMUDA ACTS. 503 
 
 XVni. And be it, &c., that, upon the entry of any goods to be Bond upon 
 warehoused, the Importer of such goods, instead of paying down the 00018 to be 
 duties due thereon, shall give Bond with two sufficient sureties to be wa^housed. 
 approved of by the Keceiver General, or other proper Officer, in treble 
 the duties payable on such Goods, with condition for the safe deposit- 
 ing of such goods in the "Warehouse mentioned in such entry, and for 
 the payment of all duties due upon such goods, or for the exportation 
 thereof, or Shipment thereof as Stores, according to the first account 
 taken of such goods upon the landing of the same ; and with further 
 condition that no part thereof shall be taken out of such "Warehouse, 
 until cleared from thence upon due entry and payment of duty, or 
 upon due entry for exportation, or for shipment as Stores ; and with 
 further condition, that the whole of such goods shall be so cleared 
 from such "Warehouse, and the duties upon any deficiency of the quan- 
 tity, according to such first account, shall be paid within two years 
 from the date of the first entry thereof, and if after such Bond shall 
 have been given, the goods or any part thereof shall be sold or dis- 
 posed of, so that the original Bonder shall be no longer interested in 
 or have any control over the same, it shall be lawful for the Keceiver 
 General or other proper Officer to admit fresh Security to be given, by 
 the Bond of the new Proprietor or other person having control over may^vf 
 such goods, with his sufficient Sureties, and to cancel the Bond given fresh Bona, 
 by the original Bonder of such goods, or to exonerate him to the extent 
 of the fresh Security so given. 
 
 XIX. And be it, &c., that if any goods which have been entered to ^°°^^ °»' 
 be warehoused shall not be duly carried into and deposited in the "Ware- boweAtoi- 
 house, or shall afterwards be taken out of the "Warehouse without due *^"°*' 
 Entry and Clearance, or having been entered and cleared for exporta- 
 tion, or for shipment as stores, from the "Warehouse, shall not be duly 
 carried and shipped, or shall afterwards be re-landed, except with the 
 permission of the Keceiver General or other proper Officer, such goods 
 
 shall be forfeited. 
 
 XX. And be it, &c., that upon the entry and landing of any goods Account of 
 to be warehoused, the proper officer of the Colonial Kevenue shall take E,ken'on *"* 
 a particular account of the same, and shall mark the contents on each '*°'''"s- 
 package, and shall enter the same in a book to be kept for that pur- 
 pose ; and no goods which have been so warehoused shall be taken or no Goods to 
 delivered from the "Warehouse, except upon due entry and under the ^thou™ ""^ 
 care of the proper officers for exportation, or for Stores, or upon due ^°^'^- 
 entry and payment of duty for home use; and an account shall be (AstoEvap- 
 made out of the quantity upon which the duties have been paid and spirftTand 
 of the quantity exported and of the quantity (to be then ascertained) Jsm^n^^i! 
 of the goods still remaining in the "Warehouse, as the case may be, issa'.No.id.) 
 deducting from the whole, the quantity contained in any whole pack- 
 ages (if any) which may have been abandoned for Duties, and if upon Deficiency 
 such account there shall, in either case, dppear to be any deficiency of tain|/°ana 
 the original quantity, the duty payable upon the amount of such defi- duty paid 
 ciency shall then be paid. 
 
 XXI. And be it, &c., that it shall be lawful for the Keceiver ^^p^^' 
 General, under such regulations as he shall see fit, to permit moderate Sen.* 
 
504 
 
 BERMUDA ACTS. 
 
 [1848. 
 
 Goods may 
 sorted and 
 repacked. 
 
 Duty paya- 
 ble on origi- 
 nal quantity. 
 
 Whole pack- 
 ages may be 
 abandoned. 
 
 samples to be taken of any goods so warehoused, without entry and 
 without payment of duty except as the same shall eventually become 
 payable, as on a deficiency of the original quantity. 
 
 XXII. And be it, &c., that it shall be lawful for the Keceiver 
 General, under such regulations as he shall see fit, to permit the Pro- 
 prietor or other person having control over the goods so warehoused, 
 to sort, separate, and pack, and repack any such goods, and to make 
 such lawful alterations therein, , or arrangements and assortments 
 thereof, as may be necessary for the preservation of such goods, or in 
 order to the sale, shipment, or legal disposal ^pf the same, and also_ to 
 permit any parts of such goods so separated to be destroyed, but with- 
 out prejudice to the claim for duty upon the whole original quantity 
 of such goods : Provided always that it shall be lawful for any person 
 to abandon any whole packages to the officers of the Eevenue, for the 
 duties without being liable to any duty upon the same. 
 
 Bond on 
 
 Entry out- 
 wards for 
 Exportation. 
 
 Goods to be XXIII. And be it, &c., that all goods which have been so ware- 
 
 within two housed shall be duly cleared either for exportation or for home con- 
 
 elte"de™by sumptiou, witMu two ycars from the day of first entry for the ware- 
 
 i853,No.i6.) housing thereof ; and if any such goods be not so cleared, it shall be 
 
 lawful for the Receiver General to cause the same to be sold and the 
 
 produce shall be applied, first to the payment of the duties, next of 
 
 warehouse rent and other charges, and the overplus, (if any), shall be 
 
 paid to the Proprietor. 
 
 XXIV. And be it, &e., that upon the entry outwards of any goods 
 to be exported from the Warehouse, the person entering the same shall 
 give security by bond in treble the duties of Importation on the quan- 
 tity of such goods, or if such goods are prohibited to be imported for 
 home use, in double the value of such goods, with two sufficient sure- 
 ties, to be approved by the Receiver General or other proper Officer, 
 that the same shall be landed at the place for which they be entered 
 outwards, or be otherwise accounted for to the satisfaction of the Re- 
 ceiver General. 
 
 XXV. And be it, &c., that it shall be lawful for the Officers of 
 the Colonial Revenue of these Islands, and for all other Officers who 
 shall be duly appointed or engaged in the collection and securing of 
 the Revenue of these Islands, to board any ship arriving at these 
 Islands and freely to stay on board until all the goods laden therein 
 shall have been duly delivered from the same : and such officers shall 
 have free access to every part of the ship, with power to fasten down 
 hatches and to mark any goods before landing, and to lock up, seal, 
 mark, or otherwise secure any goods on board such ship, and if any 
 place or any box or chest be locked, and the keys be witheld, such 
 officer, with the sanction of the Receiver General or other principal 
 Officer of Revenue of the Port, may open or cause to be opened any 
 such place, box, or chest in the best manner in his power ; and if any 
 goods be found concealed on board any such ship they shall be for- 
 feited ; and if any such officer shall place any lock, mark or seal upon 
 any goods on board, and such lock mark or seal be wilfully opened 
 altered or broken before due delivery of such goods, or if any such 
 goods be secretly conveyed away, or if the Hatches after having been 
 
 Officers may 
 board Ships. 
 
 Penalty. 
 
1848.] BERMUDA ACTS. 505 
 
 fastened down by the Officer, be opened, the master of such ship shall 
 forfeit one hundred pounds. 
 
 XXYI. [Eepealed by 1853, No. 10.] 
 
 XXVn. And be it, &c., that all goods and all ships, vessels, and ^""''^'J'^; 
 boats, and all carriages, and all cattle liable to forfeiture under this bie'tofoV. * 
 or any act relating to the Kevenue of these Islands, shall and may be l^i'sYLT^ 
 seized and secured by any Officer of the Revenue or by any person 
 employed for that purpose, by or with the concurrence of the Receiver 
 General or other Principal Officer of the Port ; and every person who Penalty on 
 shall in any way hinder oppose molest or obstruct any officer of the oa'c'era!'"^ 
 Revenue, or any person so employed as aforesaid in the exercise of his 
 Office, or any person acting in his aid or assistance shall, for every 
 such offence forfeit the sum of two hundred pounds. 
 
 ^XVIII. And be it, &c., that if any officer of the Revenue shall Penalties on 
 make any collusive seizure, or deliver up or make any agreement to ""^'Xer 
 deliver up, or not to seize any vessel, boat, or goods liable to forfeiture Bribery^ &c. 
 under this or any Act relating to the Revenue ; or shall take any 
 bribe, gratuity, recompense, or reward, for the neglect or non-perform- 
 ance of his duty, every such officer shall forfeit for every such offence 
 the sum of five hundred pounds and be rendered incapable of serving 
 Her Majesty in any Office whatever; and every person who shall 
 give or offer, or promise to give, or procure to be given any bribe, 
 recompense, or reward to, or shall make any collusive agreement with 
 any such Officer, to induce him in any way to neglect his duty, or to 
 do conceal or connive at anything whereby the Provisions of this or 
 any other Act relating to the Revenue of these Islands may be evaded, 
 shall forfeit the sum of two hundred pounds. 
 
 XXIX. [Repealed by 1853, ISTo. 10.] 
 
 XXX. And be it, &c., that all vessels, boats, goods, and other seued 
 things, which shall have been, or shall hereafter be seized as forfeited **°°,''?' ", 
 
 t 1 * 1 A 1 ' n-r-> /»! -TIT unclaimed, 
 
 under this or any other Act relatmg to the Revenue ot these Islands, to be deem- 
 shall be deemed and taken to be condemned, and may be dealt with demned. 
 in the manner directed by Law in respect to vessels, boats, goods, and 
 other things seized and condemned for breach of any such Act, unless 
 the person from whom such vessels, boats, goods, and other things, 
 shall have been seized, or the Owner of them, or some person author- 
 ized by him, shall within one calendar month from the day of seizing 
 the same, give notice in writing to the Receiver General that he claims 
 the goods or other things, or intends to claim them. 
 
 XXXI. And be it, &c., that all vessels, boats, goods, and other ^^^^ ^^^ 
 things whatsoever, which shall have been seized and condemned for demned how 
 breach of this or any other Act relating to the Revenue of these ^''p°==* °f- 
 Islands, shall be disposed of as soon as conveniently may be after the 
 condemnation thereof in the following manner : (that is to say), all 
 
 goods of a description admissable to duty shall be sold by public 
 auction to the best bidder at a price not less than the duty upon the 
 importation of the like sort of goods ; and in case such goods will not 
 fetch the duty, shall be put up for sale for exportation, and in case 
 64 
 
506 
 
 BERMUDA ACTS. 
 
 [1848. 
 
 they do not sell for exportation, then the said goods shall be destroyed, 
 — and all prohibited goods shall be put up for sale for exportation 
 to the best bidder, and in case they do not sell, then shall be 
 destroyed. 
 
 l^^Lf""' XXXII. And be it, &c., that under the authority of a Writ of 
 Assistance, granted by the Court of General Assize or by the Chief 
 Justice, or in case of his absence/rom Bei^nuda, the Senior Assistant 
 Justice of that Court at Chambers (which Court and Chief and Senior 
 Assistant Justice are hereby authorized and required to grant such 
 Writ of Assistance, upon application made to such Court, or Chief, or 
 Assistant Justice for that purpose by the Receiver General or other 
 proper Officer), it shall be lawful for the Receiver General or any Offi- 
 cer of the Colonial Revenue, taking with him a Peace Officer, to enter 
 any building or other place in the day time, and to search for and 
 seize and secure any goods liable to forfeiture under this or any o^er 
 Act relating to the Revenue of these Islands ; and in case of necesMty 
 to break open any doors, and any chests or other packages for that 
 purpose ; and such Writ of Assistance when issued shall be deemed to 
 be in force during the whole of the Reign in which the same shall 
 have been granted, and for twelve months from the conclusion of such 
 Reign. 
 
 XXXIII. And be it, &c., that if any person shall by force or violence 
 resist, oppose, molest, hinder, or obstruct the Receiver General or any 
 Officer of the Revenue in the exercise of his Office, or any person 
 acting in his or their aid or assistance, such person being thereof con- 
 victed, shall be adjudged a felon and shall be liable to be imprisoned 
 with or without hard labour for such term as the Court shall think 
 fit. 
 
 Obstructing 
 Officers by 
 force. 
 
 Baa may XXXIV. And be it, &c., that if any goods, or any ship or vessel 
 
 GofS^or'" shall be seized as forfeited under this or any Act of the Revenue of 
 Ships seized, thesc Islauds and detained, it shall be lawful for the Judge or Judges 
 of any Court having jurisdiction to try and determine such seizure, to 
 order the delivery thereof on security by bond with two sufficient 
 sureties to answer double the value of the same in case of condemna- 
 tion, and such Bond shall be taken to the use of Her Majesty in the 
 name of the Receiver General ; and such Bond shall be delivered to 
 and kept in the custody of the Receiver General, and in case the goods 
 or the ship or vessel shall be condemned the value thereof shall be paid 
 into the hands of the Receiver General who shall thereupon cancel 
 such Bond. And the Judge or Judges of any Court before whom 
 any goods so seized shall be prosecuted may if such Judge or Judges 
 see fit, order the sale thereof, or of any part thereof, pending such 
 prosecution on application by the Prosecutor or any claimant. 
 
 And Sale 
 thereof may 
 be ordered. 
 
 iwndji to lie 
 on the claim- 
 ant. 
 
 XXXV. And be it, &c., that if any goods shall be seized for non- 
 payment of duties, or any other cause of forfeiture, and any dis- 
 pute shall arise whether the duties have been paid for the same, or the 
 same have been lawfully imported or lawfully laden or exported, the 
 proof shaU lie on the Owner or Claimer of such goods and not on the. 
 Officer who shall seize or stop the same. 
 
1848.] BERMUDA ACTS. 507 
 
 XXXVI. And be it, &c., that no claim to anything seized under ciaimto the 
 this or any other Act relating to the Eevenue of these Islands and re- tSbf inae 
 turned into any. of Her Majesty's Courts for adjudication, shall be ^^^,7"''° 
 admitted, unless such claim be entered in the name of the owner, with 
 
 his residence and occupation, nor unless oath to the property in such 
 thing be made by the owner, or by his attorney or agent by whom 
 such claim shall be entered to the best of his knowledge and belief ; 
 and every person making a false oath thereto shall be deemed guilty 
 of a misdemeanor, and shall be liable to the pains and penalties to 
 which persons are liable for a misdemeanor. 
 
 XXXVII. And be it, &c., that no person shall be admitted to_ enter No^<jiato8 
 a claim to anything seized in pursuance of this or any Act relating to without 
 the Eevenue of these Islands, and prosecuted, until sufficient Security security. 
 shall have been given in the Court where such seizure is prosecuted in 
 
 a penalty not exceeding Sixty pounds to answer and pay the costs 
 occasioned by such claim ; and in default of giving such Security, such 
 things shall be adjudged to be forfeited, and shall be condemned. 
 
 XXXVIII. And be it, &c., that no "Writ shall be sued out against. Notice o; 
 nor a copy of any process served upon any Officer of the Eevenue of orn'oS™' 
 these Islands, or other person acting in his aid, for anything done in 
 
 the exercise of his Office, until one calendar month after notice in 
 writing shall have been delivered to him, or left at his usual place of 
 abode, by the Attorney or Agent of the Party who intends to sue out 
 such writ or process, in which notice shall be clearly and explicitly 
 contained the cause of the action, the name and place of abode of the 
 person who is to bring such action, and the name of the Attorney or 
 Agent ; and no evidence of the cause of such action shall be produced, 
 except of such as shall be contained in such notice ; and no ver- 
 dict shall be given for the plaintiff unless he shall prove on the trial 
 that such notice was given ; and in default of such proof, the 
 Defendant shall recover in such action a verdict and costs. 
 
 XXXIX. And be it, &c., that every such action shall be brought Action to be 
 •within three calendar months after the cause thereof, and the Defend- withi?s 
 ant may plead the general issue and give the special matter in evidence, months. 
 and if the plaintiff shall become non-suited, or shall discontinue the 
 action, or if upon a verdict or demurrer, judgment shall be given 
 against the Plaintiff — the Defendant shall recover treble costs and 
 
 have such remedy for the same as any Defendant can have in other 
 cases when costs are given by Law. 
 
 XL. And be it, &c., that in case any information or suit shall be j^^ 
 brought to trial on account of any seizure made under this or any Act certify prob- 
 relating to the Eevenue of these Islands, and a verdict shall be found of seizure!' 
 for the Claimant thereof and the Judge or Court before whom the 
 Cause shall have been tried, shall certify on the Eeeord that there was 
 probable cause of seizurcj the Claimant shall not be entitled to any 
 costs of suit, nor shall the person who made such seizure be liable to 
 any Action, Indictment, or other suit or prosecution on account of 
 such seizure ; and if any action or indictment or other suit or prosecu- 
 tiofl shall be brought to trial against any person on account of such 
 
508 
 
 BERMUDA ACTS, 
 
 [1848. 
 
 Officer may 
 
 tender 
 
 amends. 
 
 seizure wlierein a verdict shall be given against the Defendant, the 
 Plaintiff besides the thing seized or the value thereof, shall not be en- 
 titled to more than two pence damages, nor to any costs of suit, nor 
 shall the Defendant in such prosecution be fined more than one 
 shilling. 
 
 XLI. And be it, &c., that it shall be lawful for such Officer, 
 within one calendar month after such notice, to tender amends to the 
 Party complaining or his Agent, and to plead such tender in Bar to 
 any action, together with other pleas ; and if the Jury shall find the 
 amends sufficient, they shall give a verdict for the Defendant ; and in 
 such case, or in case the Plaintiff shall become^ nonsuited, or shall dis- 
 continue his action, or Judgment shall be given for the Defendant 
 upon Demurrer, then such Defendant shall be entitled to the like 
 costs as he would have been entitled to in case he had pleaded the 
 General Issue only ; Provided always that it shall be lawful for such 
 Defendant by leave of the Court where such action shall be brought, 
 at any time before issue joined, to pay money into Court as in other 
 actions. 
 
 XLII. And be it, &c., that in any. such action, if the Judge or 
 Court before whom such action shall be tried, shall certify upon the 
 Eecord, that the Defendant or Defendants in such action acted upon 
 probable cause then the Plaintiff in such action shall not be entitled 
 to more than two pence damages nor to any costs of suit. 
 
 XLIII. And be it, &c., that all Penalties and forfeitures recovered 
 under this or any other Act relating to the Revenue of these Islands, 
 shall be paid into the hands of the Receiver General, and shall be 
 divided, paid, and applied as follows : (that is to say) after deducting 
 the charges of prosecution from the produce thereof, one half of the 
 net produce shall be paid into the hands of the Peceiver General of 
 these Islands, to the use of Her Majesty, Her heirs, and Successors, 
 for and towards the support of the Government of these Islands, in 
 aid of the general revenue of these Islands, and to be applied as has 
 already been, or may hereafter be, authorized or directed by the 
 Legislature of these Islands and the other half thereof to the person 
 who shall seize, inform and sue for the same. 
 
 Derelict XLIV. And be it, &c., that all goods, derelict, jetsam, flotsam, 
 
 /e°t'to™ke and wreck, brought or coming into these Islands, shall at all times 
 duties. \yQ subject to the same duties as goods of the like kind imported into 
 these Islands are subject to. 
 
 XLY. And be it, &c., that whenever the terms or expressions 
 following shall occur in this or any other Act of the Legislature of 
 these Islands, relating to the Eevenue of these Islands, unless it be 
 otherwise specially provided, or there be something in the subject or 
 context repugnant to such construction, such terms or expressions 
 shall be construed respectively as hereinafter directed (that is to say), 
 the term " Ship_ " to mean Ship or Vessel generally — the term " Mas- 
 ter " of any Snip to mean the Person having charge or command of 
 any such Ship — the term " Owner " of any Ship or of any Goods to 
 mean one Owner, if there be only one Owner, or any or all the O^n- 
 
 Proviso. 
 
 No costs re- 
 covered, if 
 probable 
 cause be 
 certified. 
 
 Application 
 of Penalties 
 and Forfeit- 
 ures. 
 
 Certain 
 terms in this 
 and other 
 Revenue 
 Acts — how 
 construed. 
 
1848.] BERMUDA ACTS. 509 
 
 ers if there be more than one — the term " Goods " to mean all kinds 
 of Goods, wares, and merchandize — the term "Her Majesty" to mean 
 Her Majesty, her Heirs and Successors : — that whenever mention is 
 made of any Public Officer, the Officer mentioned shall be deemed to 
 be such Officer for the time being — that the term " Warehouse " shall 
 be construed to mean any place, whether House, Shed, Yard, Timber 
 Pond, or other place in which goods entered to be warehoused upon 
 Importation may be lodged, kept, and secured without payment of 
 duty, or although prohibited to be imported for use in these Islands 
 — that the term " Queen's "Warehouse " shall be construed to mean 
 any place provided for lodging goods therein for security of the Rev- 
 enue — and that wherever any such Act of the Legislature hath used 
 or shall use words importing the singular number or the masculine 
 gender only, yet the Act shall be understood to include several mat- 
 ters as well as one matter, and several persons as well as one person, 
 and Females as well as Males — unless it be otherwise specially pro- 
 vided, or there be something in the subject or context repugnant to 
 such construction. 
 
 XLYI. And be it, &c., that this Act shall commence in opera- Duration, 
 tion on the sixth day of July in this present year one thousand eight 
 hundred and forty-eight — and shall continue in force until and 
 throughout the last day of December, one thousand eight hundred 
 and fifty three, and no longer. 
 
 XLVH. And be it, &c., that this Act may be altered or amended 
 by any other Act to be passed in the present Session of the Legisla- 
 ture. 
 
510 
 
 BERMUDA ACTS. 
 
 [1848. 
 
 SCHEDULE A. 
 FOEM OF BILL OF ENTKY. 
 
 Port of Hamilton, Bermuda, 6th July, 1848. 
 
 Imported in the British Brigantine Falcon, Pitt, Master, from New 
 York, the following articles : 
 
 Marks. 
 
 Wine 
 
 Do 
 
 Do 
 
 Cordials .. 
 Brandy . . , 
 Whiskey , 
 
 Gin 
 
 knni 
 
 Description. 
 
 1 Pipe Madeira, 100 Gals. Imp. 
 1 Qr. Cask Mai-seilles, 25 Gals. . 
 
 Two Cases Claret, 8} Gals 
 
 One Do. ( 'herry Brandy, 2 Gals. 
 
 One Hghd., 60 Gals 
 
 Two Or. Casks, 60 Gals 
 
 Two Demijohns, 10 Gals 
 
 Ten Pnchns., 860 Gals 
 
 Unrefined Sngar 
 Do. do. 
 
 Molasses 
 
 OiifFee 
 
 Ginger 
 
 Wheat Floar... 
 Rye do. ... 
 
 Com Meal 
 
 Oat do 
 
 Bread 
 
 Corn 
 
 Beef 
 
 Bntter 
 
 Cheese 
 
 Cottons 
 
 Hardware 
 
 Baistns 
 
 Drags 
 
 Hose 
 
 Oxen 
 
 Sheep 
 
 Lmnher „. .. 
 
 Quantity. 
 
 £ 
 
 Ti^B™" Y-^f^^^-^- 
 
 Five Pnchns.. 425 Gals. Impl. 
 
 Ten Bags, 1,050 lbs 
 
 Ojie Box 
 
 Ten Bis 
 
 Five do 
 
 Two do 
 
 One do 
 
 One do 
 
 Two Bags (4 Bnshl.) 
 
 One Barrel, 200 lbs 
 
 Five Kegs, 180 lbs 
 
 Three Boxes, 89 
 
 One Bale 
 
 One Cask 
 
 Five Boxes 
 
 One do 
 
 One ,.... 
 
 Five 
 
 Ten 
 
 Two thousand feet 
 
 Wheat Flour 
 
 Potatoes .... 
 
 Turnips 
 
 Oranges 
 
 Five hundred barrels, for the 
 
 use H. M. Troops. 
 
 Twenty barrels 
 
 Five do 
 
 One Thousand 
 
 600 
 12 
 
 Bate of Duty. 
 
 at per GaL 
 
 at per Ct 
 
 •Free. 
 
 AmH of Duty. 
 
 I, do declare the foregoing to be a true and 
 
 correct Entry of the Goods imported by (me, or by) Messieurs 
 
 in the above mentioned vessel, and of the Quantity, 
 Yalue, and other particulars of such Goods. 
 
 (The Particulars of this Schedule to be entered according to the 
 fact.) 
 
 [Continued to the end of 1861, by Act of 1860, No. 10. Amended by Acts of 1849, 
 No. 13; 18B1, Session 2, No. 1 ; 1862, No. 16 ; 1863, No. 10.] 
 
1848.] BERM,UDA ACTS. 511 
 
 1848. No. 13. 
 
 AN ACT to contirme and a/mend the Act intituled " An Act to estab- 
 lish certain Megulations for the performance of Quarantine." 
 
 [11 July, 1848.] 
 
 "WHEEEAS the Act intituled "An Act to establish certain Regu- P^ambi.. 
 lations for the performance of Quarantine," was passed by the Legis- 
 lature of these Islands in the year of Our Lord One thousand eight 
 hundred and thirty-six, for a limited period of time, and since then # 
 has been continued in force by Acts respectively passed in the year 
 One thousand eight hundred and thirty-nine, and One thousand eight 
 hundred and forty-three, and it is expedient still further to continue 
 the same in force, with the amendment hereinafter contained : — 
 
 I. We, therefore, &c., and be it enacted, &c., that the said Act, ^^^t^uefto 
 the title whereof is above recited, passed in the year One thousand end of iss^ 
 eight hundred and thirty-six, with the amendment hereinafter con- ments™°° " 
 tained, be, and the same hereby is continued in force until and 
 throughout the last day of December, which will be in the year of Our 
 
 Lord One thousand eight hundred and fifty-three, and then to deter- 
 mine and expire. 
 
 II. And whereas a considerable number of Steam Yessels em- otherRe '" 
 ployed in the transmission of Mails now arrive at these Islands, and lationsbeine 
 it may become expedient, the better to guard against the introduction Seam'pack- 
 of disease, to make from time to time additional Eegulations as re- ""• 
 gards such Yessels, their Crews, Passengers and Cargoes, and any in- 
 tercourse with them ; and whereas also the strict enforcement of exist- 
 ing Enactments for that purpose may at times materially obstruct the 
 Service in which such Vessels are employed, while it may not be 
 necessary for the protection of the Community, be it further enacted, 
 
 that it shall and may be lawful for the Governor or Commander-in- 
 Chief, for the time being, by and with the advice and consent of Her 
 Majesty's Council, from time to time to make such additional regula- 
 tions relative to such Yessels, their Passengers, Crews and Cargoes, 
 and any intercourse with them, as may not be repugnant to the said 
 Act, and as may seem expedient to effectuate its object: — such 
 additional Regulations to be in force from and after the same shall be 
 made known by Proclamation, in one or more of the Newspapers of 
 these Islands, by His Excellency the Governor or Commander-in-Chief 
 for the time being ; and also for the said Governor or Commander-in- 
 Chief in Council, or by himself on any pressing occasion, to exempt 
 any such Yessel, her Crew, Passengers or Cargo, and any other per- 
 sons going to or coming from any such Yessel from the provisions or 
 restrictions of the said Act whenever the strict enforcement of any 
 such provisions or restrictions may be likely materially to obstruct the 
 Service in which any such Yessel is engaged, and when such enforce- 
 ment may in the particular case appear to be unnecessary for the pro- 
 tection of the Community from the introduction of Disease. 
 
 [Continued to the end of 1869, by Act of 1868, No. 1.] 
 
512 
 
 BEEMUDA ACTS. 
 
 [1848. 
 
 1848. No. 17. 
 
 AN ACT to continue and amend the Act for regulating the Public 
 
 Ferry. 
 
 [29 July, 1848.] 
 
 Preamble. 
 
 Act of 1846 
 continued. 
 
 OoDtracts to 
 be taken in 
 future for 
 keeping the 
 Perry, for 
 terms of two 
 years. 
 
 and if there 
 be no ap- 
 proved ten- 
 der for con- 
 tract, the 
 Receiver 
 General to 
 appoint a 
 Perry 
 Keeper. 
 
 WHEEEAS the Act of the Legislature of these Islands intituled 
 " An Act for regulating the Public Ferry " was passed- in the year 
 One thousand eight hundred and forty-six, for a limited period, and it 
 ^ expedient to continue the same for a further period with the amend- 
 ments hereinafter contained : — 
 
 I. We, therefore, &c., and be it enacted, &c., that the said Act 
 passed in One thousand eight hundred and forty-six, with the follow- 
 ing amendments, be continued in force for and during the continu- 
 ance of this Act. 
 
 II. And be it, &c., that in order, after the conclusion of the exist- 
 ing Contract, to fill up the situation of Keeper of the said Ferry to the 
 satisfaction of the Public, it shall be lawful for the Keeeiver General, 
 at any time after the passing of this Act, to offer for Sale by Contract 
 the Keeping of the said Ferry with all the Emoluments Fares and 
 Perquisites arising therefrom, subject to the conditions expressed in 
 the said Act passed in One thousand eight hundred and forty-six and 
 in this Act : such Contract to commence in operation on the first day 
 of January next, and to continue in force for the term of two years : 
 and in like manner it shall be lawful for the Eeceiver General, from 
 time to time during the continuance of this Act when and as often as 
 any Contract for keeping the said Ferry shall expire or be terminated, 
 to offer for Sale by Contract the Keeping of the said Ferry with the 
 emoluments, fares and perquisites thereof, subject to the said condi- 
 tions, for a similar term of two years : and in any such case it shall 
 be the duty of the Eeceiver General to have advertisements inserted 
 in one or more of the Newspapers published in these Islands for Tend- 
 ers for such Contract, giving reasonable notice of such Sale by Con- 
 tract, such Tenders to be laid before the Governor and Council, and 
 the highest tender if otherwise approved of by the Governor and 
 Council shall be accepted : — and in case no person shall tender for the 
 said Ferry, or such tender, if made, shall not be approved by the 
 Governor and Council, and by reason thereof there shall be no per- 
 son contracting to hold the Situation of Ferry Keeper, then, and in 
 either of the two cases last mentioned, it shall be the duty of the 
 Eeceiver General to advertise again as aforesaid offering the Sale by 
 Contract of the said Ferry and its appurtenances as hereinbefore 
 directed, for a similar term as aforesaid, giving reasonable notice of 
 such Sale, and so on from time to time until such Sale, subject to ap- 
 proval as aforesaid, can be made ; and in the mean time and until 
 such Sale and the occupancy of the Ferry by such a Purchaser, to 
 appoint some fit person to discharge the duty of the said Ferry, ac- 
 cording to the prescriptions of the said Act passed in One thousand 
 eight hundred and forty-six, and of this Act. Provided always, that 
 the amount to be tendered by any such Contractor shall be an annual 
 
1848.] BERMUDA ACTS. 513 
 
 sum, and shall be deducted in four equal portions from the four quar- cSnlJ-Mt^r 
 terly payments of the annual Salary to be paid out of the Public '» 'en^«'' ^ 
 Treasury to the Contractor as Keeper of the said Ferry : Provided '"'°"'' ™'"' 
 also, that the annual Salary to be allowed out of the Public Treasury Proviso.- 
 to the Keeper of the said Ferry, whether a Purchaser by contract or ^^''sahiT''' 
 appointed by theEeceiver General as aforesaid, after the first day of tobe£iooa 
 January next, shall be One hundred pounds a year, instead of the ^'''"^' 
 Salary of One hundred and fifty pounds mentioned in the said Act 
 passed in One thousand eight hundred and forty-six. 
 
 m. And be it, &c., that instead of the Fares mentioned in the ^^"'■ 
 said Act passed in One thousand eight hundred and forty-six, for 
 passing the said Ferry, from and after the passing of this Act the fol- 
 lowing rates of Fares shall be payable, that is to say, for every man, 
 woman, or child, for each time of passing the said Ferry one half- 
 penny ; for every horse, mare, gelding, colt, mule, ass, ox, bull or 
 cow, three pence for each time of passing the said Ferry ; for every 
 calf, sheep, goat or hog, and for every wheel-barrow, for each time of 
 passing the Ferry one penny ; for every cart three pence ; and for 
 every carriage (except wheel-barrows) six pence for each time of pass- 
 ing the said Ferry ; which said Fares shall be doubled for passing the 
 said Ferry at night — after the hours mentioned in the said Act. i^un™olhe 
 
 Ferry here- 
 
 IV. And be it, &c., that all the matters and things directed by '"c'teatobe 
 the said Act passed in One thousand eight hundred and forty-six to done by the 
 be done and performed by the Public Treasurer shall hereafter be Treasurer, 
 done and performed by the Eeceiver General. Ste^plr-*" 
 
 formed by 
 
 V. And be it, &c., that this Act shall commence in operation on olnemi!'"'^ 
 the first day of January next, and continue in force until and through- Duration, 
 out the last day of December which will be in the year of our Lord 
 
 One thousand eight hundred and fifty-two. 
 
 [Continued to end of 1865, by Act of 1869, No. 10.] 
 
 1848. No. 18. 
 
 AN ACT to continue and amend the Acts relating to Apprentices. 
 
 [5 August, 1848.] 
 
 "WHEEEAS the Act intituled " An Act in addition to the Act as . 
 well for the relief of the Poor, as for the putting out Apprentices and 
 setting idle persons to work " — was passed by the Legislature of these 
 Islands in the year of Our Lord One thousand eight hundred and 
 thirty-four, for a limited time ; and the Act intituled " An Act to con- 
 tinue and amend the Act in addition to the Act as well for the relief 
 of the Poor, as for the putting out Apprentices and setting idle per- 
 sons to work " — was passed by the Legislature in the year One thou- 
 sand eight hundred and forty-one, for a limited time; and it is 
 expedient to continue the said Acts in force, with the amendments 
 hereinafter contained : 
 65 
 
514 
 
 BERMUDA ACTS. 
 
 [1848. 
 
 by the 
 appeal 
 
 Acts of 1834, I. "We, therefore, &c., and be it enacted, &c., that the said Acts 
 finSi w°th respectively passed in the year One thousand eight hundred and thirty- 
 ™nt*" four— and the year One thousand eight hundred and forty-one— the 
 Titles whereof are above recited— be, and the same hereby are contin- 
 ued in force during the continuance of this present Act with the amend- 
 ments hereinafter contained. 
 
 Appeals to II. And whereas in various cases expressed in the said Act passed 
 
 Session"'" in One thousand eight hundred and thirty-four— an Appeal is allowed 
 au™ed m ^J ^^^ Said Act from the determination order or warrant of a Justice 
 giving cer- or Justices of the Peace to the General Quarter Sessions of the Peace, 
 thMeTf.Tnd but the terms on which such Appeals are allowed are not in all re- 
 aSdlwde''^ spects Uniform, and parties are thereby liable to be exposed to incon- 
 venience, and it is expedient to establish one uniform mode of Appeal 
 for all cases in which an Appeal is allowed under the said Act, be it 
 enacted that in all cases in which an Appeal is allowed to any person 
 by the said Act from the determination order or warrant of any Jus- 
 tice or Justices of the Peace to the next General Quarter Sessions of 
 the Peace — such Appeal shall only be allowed in case such person 
 within seven days after the making of such determination order or 
 warrant give six days notice in writing of his intention to bring such 
 Appeal, and of the cause and matter thereof to the Justice or Justices 
 of the Peace by whom sucli determination order or warrant was made 
 — and to the Party concerned — and enter into a Kecognizance with 
 sufficient sureties in the penalty of Ten Pounds, within three days 
 after such notice, before some Justice of the Peace, conditioned to try 
 such Appeal at, and abide the Order or Judgment of, and pay such 
 Costs as shall be awarded by the Justices at such Quarter Sessions ; 
 which said Justices at their said Sessions upon due proof of such no- 
 tice being given and of entering into such Recognizance as aforesaid, 
 shall and are hereby directed to proceed to hear and determine the 
 causes and matters of all such Appeals, and shall give such relief and 
 costs to the parties appealing or appealed against, as they in their dis- 
 ^"^PJ^Jtl"^' cretion shall judge proper and reasonable ; provided that such Costs 
 noteKeed- in hq case exceed the Sum of Three Pounds over and above the Fees 
 co^urtfee*!' to the Court and the Clerk of the Court and compensation to Wit- 
 nesses for their attendance, according to the scale of compensation 
 allowed to Witnesses for attending that Court in Criminal Cases, and 
 Such judg- their judgments and orders therein shall be final and conclusive to all 
 flnai,no°(7«r- parties conccrned, and no Writ of Certiora/ri or other Process shall 
 uarari. iggue or be issuable to remove any proceeding whatever had in pursu- 
 ance of this Act into any of the Courts of Kecord in these Islands ; 
 and any Costs awarded by the Justices at the said Quarter Sessions 
 may be enforced either under the said Pecognizance or by Distress 
 and Sale of the Goods and Chattels of the Party awarded to pay the 
 same or of his Sureties, under a Warrant from any two of the Justices 
 of the said Quarter Sessions. 
 
 Justices de- 
 termining 
 the appeal 
 
 Coats how 
 enforced. 
 
 Examination ^^- ^^^ ^® ^^' '^^•' ^^^^^ '^^ upou the hearing of any such Appeal 
 of Witness at the Quartcr Sessions of the Peace it shall happen that any person 
 the^ustice^ who shall havc been examined before the Justice or Justices of the 
 mthe^"*'^ Peace on the original hearing of the matter — shall be then dead or 
 peal, if such absent from thesc Islauds — the examination of such person taken on 
 
1848.] BERMUDA ACTS.. 515 
 
 siicli original hearing may be read in evidence, subject to all just ex- J^^l^'lH. 
 ceptions, and subject to sucb exceptions shall be of the same force and sent from 
 effect as if such person had attended at such Quarter Sessions and given 
 such evidence viva voce. 
 
 ly. And be it, &c., that this Act shall be and continue in force Duration, 
 until and throughout the thirty-first day of December, vehich will be 
 in the year of Our Lord One thousand eight hundred and fifty-eight, 
 and then to determine and expire. 
 
 [Continued to end of 1868, by Act of 185Y, UTo. 18.] 
 
 1848. No. 19. 
 
 AN ACT to continue and amend the Acts for simplifying the mode of 
 proceeding in the Court of Greneral Assize. 
 
 [11 August, 1848.] 
 
 "yniEEEAS the Act intituled " An Act to simplify and amend Preamble, 
 the mode of proceeding in the Court of General Assize" was passed by 
 the Legislature of these Islands in the year of Our Lord One thousand 
 eight hundred and thirty-one for a limited period of time — and the 
 Act intituled " An Act in addition to the Act to simplify and amend 
 the mode of proceeding in the Court of General Assize," was passed 
 in the year 1834 for a limited period — and the Act intituled " An Act 
 to continue and amend the Act intituled ' An Act to simplify and 
 amend the mode of proceeding in the Court of General Assize,' and 
 one other Act intituled ' An Act in addition to the Act to simplify 
 and amend the mode of proceeding in the Court of General Assize,' 
 was passed in the year 1839 for a limited period — ^and it is expedient 
 to continue the said Acts with the amendments hereinafter con- 
 tained : 
 
 I. We, therefore, &c., and be it enacted, &c., that the three Acts f^°'i^^' 
 respectively passed in the years 1831, 1834 and 1839, the titles whereof i889contin- 
 are above recited, be, and the same hereby are continued. "m"^'*' 
 
 « 
 
 II. And whereas by the tenth Section of the said Act passed in Preamble, 
 the year 1831 it is enacted that Conveyances and Deeds, Letters of 
 Attorney and other Powers in writing made in places out of these 
 Islands, the execution of which shall be proved by one or more of the 
 subscribing "Witnesses by affidavit sworn before the Officers and per- 
 sons therein mentioned, and attested as therein mentioned, shall be 
 deemed to be as sufficiently proved, as if the same "Witness or "Wit- 
 nesses were personally present and sworn to the matters in such affi- 
 davit contained, vi/oa voce, in open Court — and in the United Kingdom 
 
 of Great Britain and Ireland and in some other parts of Her Majesty's 
 Dominions, Laws have been passed for substituting Declarations in 
 writing for Oaths in certain cases — and for prohibiting extra-judicial 
 Oaths being taken, — Be it enacted — that Conveyances and Deeds, 
 
516 BERMUDA ACTS. [1848. 
 
 abrold"may I^ettcrs of Attomej and other Powers in writing, made in places out 
 
 be proved of these Islands — the execution of which has been or shall be proved 
 
 tion^taitead by one or more of the subscribing witnesses by declaration in writing 
 
 of affidavit, juade and declared to before any of the Officers or Persons mentioned 
 
 ia the said Section of the said Act of 1831, and attested as therein 
 
 mentioned, shall be deemed, adjudged and taken to be as sufficiently 
 
 proved as if the same had been proved by affidavit sworn as therein 
 
 mentioned. 
 
 Deeds made; III. And whcreas it may sometimes happen that Persons resident 
 
 may be*liu- in the East Indies may be so remote from any of the Judicial or other 
 
 S« aNo- Officers in the aforesaid tenth section of the Act of 1831 mentioned, 
 
 orYefo^e^a' *^^* ^* ^^J ^® ^^^J difficult if uot impracticable for any subscribing 
 
 Justice of witness to attend upon any such Officer to make declaration as by this 
 
 there°o*n° Act is authoriiied — be it enacted, that in such case such declaration 
 
 hInd'writtaV ™-^y be made before any Notary Public and attested by him, and be 
 
 of the party. Jield to be Sufficient probate of any Instrument of Writing in the said 
 
 section mentioned, or that in such case a declaration in Writing made 
 
 before any Justice of the Peace in India, by any such person resident 
 
 as aforesaid, and signed by such person, that he or she executed any 
 
 such Instrument of "Writing as is in the said tenth Section of the Act 
 
 aforesaid contemplated — and proof made of the hand writing of such 
 
 person before the Chief Justice, or any Assistant Justice of the Court 
 
 of General Assize of these Islands by the affidavit of any one or more 
 
 persons who may for that purpose be specially nominated in such 
 
 Instrument of writing by the person executing the same, or of two or 
 
 more persons, whether nominated therein or not, shall be held to be 
 
 sufficient Proof of any such Instrument. 
 
 Preamble. lY. And whcrcas by the eleventh Section of the said Act passed in 
 
 the year 1831 — it is enacted that Probates of "Wills in the usual form, 
 or original "Wills with the Probates thereof, or any Official Copies of 
 such "Wills and Probates under the Seal of the Prerogative Court of 
 Canterbury, or under the Seal of any other Court or Officer authorized 
 to grant probate of "Wills in her Majesty's Dominions, shall be allowed 
 and taken prima facie as good proof of such WiUs in all Courts of 
 Law and Equity, as well in cases relating to Heal as to Personal Estate, 
 and that Enactment has been found to be beneficial and it is expedient 
 to extend it to Probates of "Wills granted in some places beyond Her 
 wiir ro °ed ^^j^sty's Domiuions — ^Be it enacted that Probates of "Wills granted in 
 in the'wMt any of the Islands in the West Indies, or in any part of the United 
 inds^o'/the States of America, under the Seal of the Court or Officer authorized 
 states'of ^^ grant Probate of Wills in those places respectively, or original Wills 
 America, with the Probates thereof under such Seal, or any Official Copies of 
 Copies*"'*' such Will and Probates, under the Seal of any such Court or Officer 
 Sbiepw- ii"- tlie West Indies or in the United States of America, shall be al- 
 ■mafaou. lowcd and taken prima fade as good proof of such Wills in all 
 Courts of Law and Equity in these Islands, as well in causes relating 
 to Keal as to Personal Estate, and such Probates with the Originals 
 or Copies of the Wills thereto annexed shall be recorded in the 
 Secretary's Office in these Islands — and Copies attested by tEe Secre- 
 tary — or his Lawful Deputy — shall be admitted in Evidence as the 
 Original Probates in all Courts of Law and Equity : Saving always 
 the right of all and every Person to invalidate, disprove or set aside 
 
1848.] BERMUDA ACTS. 517 
 
 the same Wills by lawful or equitable causes as though this Act had 
 not been made. 
 
 V. And be it, &c., that all Wills with the Probates thereof or copies of 
 any Official Copies of Wills and Probates heretofore granted in Her Sticated 
 Majesty's Dominions under the Seal of the Island, Colony or Prov- seai"f "Toy 
 ince, where such Original Wills have been proved and are deposited British coi- 
 
 . and recorded, shall be and be adjudged and taken to have been and hiepHma 
 be of the same force and effect in Law as if such Official Copies of ■^''*' 
 Wills and Probates thereof had been granted under the Seal of any 
 Court or Officer authorized to grant Probate of Wills in Her Majesty's 
 Dominions : and'shall be allowed and taken prima facie as good proof 
 of such Wills in all Courts of Law and Equity, as well in causes re- 
 lating to Keal as to Personal Estate : — and such Probates with the 
 Originals or the Copies of the Wills thereto annexed shall be recorded 
 in the Secretary's Office of these Islands : Saving always, the right of 
 all and every person to invalidate, disprove or set aside the same 
 Wills by lawful or equitable causes as though this Act had never been 
 made. 
 
 VI. And be it, &c., that any Official Copies of Wills and Pro- £fof''Vmr 
 bates certified under the Seal of any Island, Colony or Province in andpro- 
 Her Majesty's Dominions where such Wills shall have been proved thesea?or 
 and recorded, shall be of the same force and effect in Law as if such „" a'e''s'S 
 Official Copies of Wills and Probates had been granted and certified effect as if 
 under the Seal of any Court or Officer in such Island, Colony or 0° any court 
 Province. "' ^"''^''• 
 
 Vn. And whereas by the Act passed the 22d day of December, Preamble. 
 1814 — ^for the purpose of repealing an Act for establishing and regu- 
 lating the Courts of Judicature passed in the year 1791, and various 
 other Acts whose titles are therein recited — " and for the further better 
 and more complete establishment and regulation of the Courts of 
 Judicature within these Islands " — in the Second Clause thereof, the 
 same powers and authorities are given to the Chief Justice and Assist- 
 ant Justices of the said Court that are held and exercised and enjoyed 
 by the Chief Justice and Puisne Judges of the Courts of King's 
 Bench and Common Pleas in England to all intents and purposes 
 whatsoever. — And whereas it has been thought questionable whether ^^^y o^^ As- 
 under the provisions of the said Act it is competent for any single ^;"'*°' J"^- 
 Assistant Justice to make an adjournment of the said Court even for joumtbe 
 the purpose of continuing the Session thereof: — Be it enacted and de- ''°"''' 
 clared that it is and shall be always competent to any one Assistant 
 Justice of the said Court to adjourn the said Court on all occasions in 
 which any adjournment shall be necessary to continue the Session of 
 such Court. 
 
 VIII. And to prevent any doubts in future as respects the word Absence or 
 " absence," as applicable to the Chief Justice, be it enacted that it the cuef 
 shall always be the duty of such Chief Justice, when in the Colony or court.V""' 
 Islands, to attend the said Court for the discharge of his duties, except ^''*' '"'^^■ 
 when prevented by the illness of himself or the extreme illness of some 
 member of his family, or when he is interested as a party in some 
 
518 
 
 BERMUDA ACTS, 
 
 [1848. 
 
 cause or matter in the said Court, or when he has acted as Counsel in 
 some matter to be decided in such Court. 
 
 IX. And be it, &c., that to prevent any doubts in future as respects 
 a -cir^i-ri " oKcon/^o " r,r flip words " iinable to attend." — the said 
 
 word " absence," or the words " unable to attend," — the said 
 
 Absence of 
 
 the Assistant tlie 
 
 whai'cL'^. General Court, in the 21st clause of the Act of 1814, as applicable 
 to the Assistant Justice or Justices, it is hereby declared that 
 the word " absence," shall be understood to mean " absence from 
 these Islands," and the words " unable to attend,"— shall be under- 
 stood to mean " from illness of the said Assistant Justice or Jus- 
 tices, or the extreme illness of some member of their respective 
 families." 
 
 Allowance 
 to the 
 Assistant 
 Justices for 
 attending 
 Court. 
 
 X. And be it, &c., that the sum of Twenty Shillings be allowed 
 to every Assistant Justice for each and every day's attendance in such 
 Capacity at the Court of General Assize — to be paid by the Receiver 
 General on the production of a Certificate from the Chief Justice or 
 Presiding Judge. 
 
 1848. No. 20. 
 
 AN ACT to continue and amend the Act intituled " An Act to facil- 
 itate Summary Proceedings iefore Justices of the Peace." 
 
 [19 August, 1848.] 
 
 Act of 1845 
 continued. 
 
 limitation 
 of periods of 
 imprison- 
 ment on 
 Summary 
 Convictions. 
 (See Larce- 
 ny Act of 
 1839, No. 10, 
 §61.) 
 
 "WHEEEAS the Act intituled " An Act to facilitate Summary 
 Proceedings before Justices of the Peace " — was passed by the Legis- 
 lature of these Islands in the year of Our Lord One thousand eight 
 hundred and forty-five for a limited period of time, and it is expedient 
 to continue the same in force with the amendment hereinafter con- 
 tained : — 
 
 I. We, therefore, &c., and be it enacted, &c., that the said Act 
 —the title whereof is above recited be, and the same hereby is con- 
 tinued in force during the continuance of this Act. 
 
 II. And be it, &c., that in every case of a summary conviction 
 under any Act of the Legislature, in which any offender shall be im- 
 prisoned in default of payment of any fine or pecuniary penalty on a 
 Summary conviction, and the periods of such imprisonment shall not 
 be defined in such Act — such Offender shall be liable to be imprisoned 
 for the respective periods of time hereinafter expressed — and no longer : 
 • — that is to say : — where the amount of the Penalty imposed, together 
 with the Costs, (if any,) shall not exceed Three Pounds, for any period 
 of time not exceeding two Calendar Months : — when the amount of 
 the Penalty imposed, together with the Costs, (if any) shall exceed 
 Three Pounds, but shall not exceed Six Pounds, for any period of time 
 not exceeding four Calendar Months ; — and where the amount of the 
 Penalty imposed, together with the Costs, (if any) shall exceed Six 
 Pounds, for any period of time not exceeding Six Calendar Months : 
 
1848.] BERMUDA ACTS. " 519 
 
 sucli Imprisonment in all cases to be determinable upon payment of 
 the Penalty together with the Costs. 
 
 in. And be it, &c., that this present Act shall continue in force p^j.^^^^^ 
 until and throughout the last day of December in the year One thou- 
 sand eight hundred and fifty-eight, and then to determine and expire. 
 
 [Continued to end of 186Y, by Act of 185Y, No. U.] 
 
 1848. No. 22. 
 
 AN ACT Relating to Merchant Seamen in Bermuda Vessels. 
 
 [23 August, 1848.] 
 
 "WHEREAS it is expedient to make some Regulations concerning Preambi*. 
 Seamen employed on board of Merchant Yessels registered in, or be- 
 longing to these Islands, whether within the precincts of this Colony, 
 or trading at or proceeding to any other place : — 
 
 I. "We, therefore, &c., and be it enacted, &c., that it shall not be Masters of 
 lawful for any Master of any Ship registered in or belonging to these Bermuda 
 Islands, proceeding to any place out of this Colony, to carry to Sea to Miry" 
 any Seaman as one of his Crew or Complement (apprentices excepted) gSan"'^ 
 unless the Master of such Ship shall have iirst made and entered into ^^^''^'eY-'' 
 an agreement in writing with such Seaman, specifying what wages ment sped- 
 such Seaman is to be paid, the quantity of Provisions he is to receive, voyageflc!' 
 the Capacity in which he is to act or serve, and the nature of the Voy- 
 age in which the Ship is to be employed, so that such Seaman may 
 
 have some means of judging of the period for which he is likely to be 
 engaged ; and that such agreement shall be properly dated, and shall 
 be signed by such Master in the first instance, and by the Seamen 
 respectively at tlie Port or Place where they shall be shipped ; and 
 that the Signature of each of the parties thereto shall be duly attested 
 by one "Witness at the least ; and that the Master shall cause the agree- 
 ment to be read over and explained to every such Seaman in the 
 presence of such "Witness, before such Seaman shall execute the same. 
 
 II. And be it, &e., that in the case of any Ships registered in or Form of 
 belonging to these Islands, and proceeding to any place out of this ■^s"'""™'- 
 Colony, (except as hereinafter provided) the agreement shall be in the 
 
 form set forth in Schedule (A.) to this Act annexed, and shall contain 
 the several particulars therein mentioned or required. 
 
 III. And be it, &e., that if any Master or Owner of any such Ship 
 
 shall carry out to Sea any Seaman (apprentices excepted) without not'making 
 having first entered into the required agreement with such Seaman he oS"ead- 
 shall forfeit and pay the Sum of Ten Pounds for or in respect of every g"|"an 
 such Seaman ; and if any Master or Owner shall neglect to cause such 
 agreement to be read over and explained to such Seaman before the 
 signing or execution thereof by such Seaman, the said Master or 
 Owner shall for each neglect forfeit and pay the Sum of Five Pounds, 
 for every such Seaman. 
 
520 
 
 BEEMUDA ACTS. 
 
 [1848. 
 
 Nor bound 
 to produce 
 the Agree- 
 ment. 
 
 Seaman not TV. And be it, &c., that no Seaman of any sncli Sliip by reason 
 uent&o!!by of any agreement shall forfeit his lien upon the Ship, nor be depriyed 
 Agreement, ^f ^-j^j remedy for the recovery of his Wages to which he would other- 
 wise be entitled against any person or persons whatever ; and no 
 agreement contrary to or inconsistent with this Act, nor any clause, 
 contract or engagement, whereby any Seaman shall consent or prom- 
 ise to forego, or give up any right or claim to Wages in the case of 
 freight earned by a Ship subsequently lost, or any right or claim to 
 Salvage or reward for Salvage Services, or such proportion of Salvage 
 or reward for Salvage Services as shall or may be due to him by de- 
 cree or award, or otherwise, shall be valid or binding on such Seaman ; 
 and no Seaman shall, in any case, be required to produce such Agree- 
 ment, or to give notice for the production thereof ; but in ease the 
 agreement shall not be produced and proved, he shall be at liberty to 
 prove the contents or purport thereof, or to establish his claim by 
 other evidence according to the nature of the case. 
 
 Seaman re- Y. And be it, &c., that in case a Seaman belonging to any Ship 
 Jota°hta°ship, registered in or belonging to these Islands whether before the com- 
 may*b"ap-^' meucement, or during the progress of any Voyage, (either within 
 prehended. thcsc Islands or abroad, shall at any time neglect or refuse to join the 
 Ship on board of which he shall have engaged to serve, or shall refuse 
 to proceed to sea in such ship, or shall absent himself therefrom with- 
 out leave, or shall desert, it shall be lawful for any Justice of the 
 Peace in these Islands, near to the place where such Ship shall hap- 
 pen to be, or where such Seaman shall be found, and such Justice is 
 hereby required upon complaint made upon Oath by the Master, Mate 
 or Owner, or his Agent, to issue his Warrant, and cause such Seaman 
 to be apprehended and brought before him ; and in case such Seaman 
 shall not give a reason to the satisfaction of such Justice for his ne- 
 glect, refusal, or absence, as the case may be, or in case of Desertion, 
 it shall be lawful for any such Justice, upon due proof of such neglect, 
 refusal, absence or desertion, to commit such Seaman to prison, there 
 to be imprisoned with or without hard labour at the discretion of such 
 Justice, for a period not exceeding thirty days ; or, it shall be lawful 
 for the said Justice, if he shall so think fit, at the request of the Mas- 
 ter, Mate, or Owner, or his Agent, instead of committing such Sea- 
 man, to cause him to be conveyed on board the said Ship, or to be 
 delivered to the Master, Mate or Owner, or his A^ent, for the pur- 
 pose of being so conveyed, and proceeding on the V oyage ; and also 
 to award to the Master or Owner such Costs incurred m the appre- 
 hension of the Seaman as to such Justice shall seem reasonable, not 
 exceeding in any ease the sum of Forty shillings — which shall be 
 chargeable against and may be deducted from the Wages of such 
 Seaman. 
 
 VI. And be it, &c., that if any Seaman, belonging to any Ship 
 registered in or belonging to these Islands, during the time or period 
 specified for his Service, shall wilfully and without leave absent him- 
 self from the Ship, or otherwise from his duty, he shall (in all cases 
 not of desertion, or not treated as such by the Master) forfeit out of 
 his wages the amount of two days pay, and for every twenty-four 
 hours of such absence the amount of six days pay, or, at the option of 
 the Master, the amount of such expenses as shall have been necessarily 
 
 Penalty 
 thereon. 
 
1848.] BERMUDA ACTS. 521 
 
 incurred in Mring a substitute, and in case any Seaman wliile he shall 
 belong to the Ship, and whether in Bermuda or abroad, shall without 
 sufficient cause neglect or refuse to perform such his duty as shall be 
 reasonably required of him by the Master or other person in command 
 of the Ship, he shall be subject to a like forfeiture in respect of every 
 such Offence, and of every twenty-four hours continuance thereof ; and 
 in case any such Seaman after the Ship's arrival at her Port of Deliv- 
 ery, and before her cargo shall be discharged, shall quit the Ship with- 
 out a previous discharge or leave from the Master he shall forfeit one 
 month's pay out of his Wages : Provided always, that no such for- Proviso, 
 feiture shall be incurred unless the fact of the Seaman's absence, neg- Sty to be 
 lect or refusal shall be duly entered in the Ship's Log-book, the truth ^ogBo^ok 
 of which entry it shall be incumbent on the Owner or Master, in all 
 cases of dispute, to substantiate by the evidence of the Mate or some 
 other credible Witness. 
 
 VII. And be it, &c., that in all cases where the Seaman shall have computa- 
 contracted for Wages by the Voyage, or by the run, or by the share aity on wa- 
 and not by the month or other stated period of time, the amount of voyag^e,"4c. 
 forfeitures to be incurred by Seamen under this Act shall be ascer- 
 tained in manner following : (that is to say) if the whole time spent 
 
 in the Voyage agreed upon shall exceed One Calendar Month, the for- 
 feiture of one month's pay expressed in this Act shall be accounted 
 and taken to be a forfeiture of a sum of money bearing the same pro- 
 portion to the whole wages or share, as a Calendar Month shall bear 
 to the whole time spent in the Voyage ; and in like manner a for- 
 feiture of six days pay, or less, shall be accounted and taken to be a 
 forfeiture of a sum of money bearing the same proportion to the whole 
 Wages or Share, as the six days or other period shall bear to the 
 whole time spent in the Voyage ; and if the whole time spent in the Voy- 
 age shall not exceed the period for which the pay is to be forfeited, 
 the forfeiture shall be accounted and taken to be a forfeiture of the 
 whole Wages or Share ; and the Master or Owner is hereby authorised 
 to deduct the amount of all forfeitures out of the Wages or Share of 
 any Seaman incurring the same. 
 
 VIII. And be it, &e., that any Seaman or other person belonging Forfeiture 
 to any Ship registered in or belonging to these Islands, who shall t°o"n.'*"' 
 desert the Ship to which he shall belong, shall forfeit to the Owner 
 thereof, all his Clothes and effects which he may leave on board, and 
 
 he shall also forfeit all Wages and emoluments to which he might 
 otherwise be entitled : and in case of any Seaman deserting abroad 
 he shall likewise forfeit all Wages and emoluments whatever which 
 shall be or become due or be agreed to be paid to him from or by the 
 Owner or Master of any other Ship registered in or belonging to Ber- 
 muda, in the service whereof such Seaman may have engaged for the 
 Voyage back to Bermuda : and that all Wages and portions of Wages 
 and emoluments which shall in any case whatever become forfeited how ap- 
 for desertion shall be applied, in the first instance, in or towards the " '^ ' 
 reimbursement of the expenses occasioned by such desertion to the 
 Owner or Master of the ship from which the Seaman shall have 
 deserted, and the remainder shall be paid into the Public Treasury of 
 these Islands — to be applied as has been or hereafter may be author- 
 ised by the Legislature of these Islands ; provided always, that every Proviso. 
 66 
 
522 
 
 BERMUDA ACTS. 
 
 [1848. 
 
 Absence 
 when 
 deemed 
 desertion. 
 
 Deserter 
 liable for 
 wages of 
 substitute. 
 
 desertion be entered in the Log-Book at the time, and certified by the 
 signatures of the Master and the Mate, or the Master and one other 
 credible "Witness ; and that the absence of a Seaman from his ship, 
 for any time within twenty-four hours immediately preceding the sail- 
 ing of the Ship from any Port, whether before the commencement or 
 during the progress of any Voyage, wilfully and knowingly, without 
 permission, or the wilful absence of a Seaman from his Ship at or for 
 any time without permission, and under circumstances showing an in- 
 tention to abandon the same, and not return thereto, shall be deemed 
 a desertion of and from the same ship ; and in case any Seaman shall 
 desert in parts beyond the seas, and the Master of the ship shall en- 
 gage a substitute at a higher rate of "Wages than that stipulated in the 
 agreement to be paid to the Seaman so deserting, the Owner or Master 
 shall be entitled to recover from the deserter, by Summary proceeding 
 in the same manner as penalties are by this Act made recoverable (so 
 far as the same can be applied) any excess of "Wages, or portion there- 
 of, which such Owner or Master shall pay to such substitute beyond 
 the amount which would have been payable to the deserter in case he 
 had duly performed his Service pursuant to his agreement : Provided 
 alwwys, that no Seaman shall be imprisoned longer than three Calen- 
 dar Months for any such excess of "Wages. 
 
 IX. And be it, &e., that if any person shall wilfully harbour or 
 secrete any Seaman or Apprentice who shall have deserted from any 
 Ship registered in or belonging to these Islands, knowing or having rea- 
 son to believe such Seaman or Apprentice to he a deserter, every per- 
 son so offending shall for every such Seaman or Apprentice so har- 
 boured or secreted forfeit and pay the sum of Ten Pounds, and no 
 debt exceeding in amount five shillings incurred by any Seaman after 
 he shall have engaged to serve, shall be recoverable until the Service 
 agreed for shall be concluded : nor shall it be lawful for any Keeper 
 of a Public House, or of a Lodging House for Seamen, to detain any 
 chest, tools, or clothing of a Seaman for any debt alleged to have been 
 contracted by him ; and in case of such detention of the chest, tools, 
 or clothing of a Seaman, it shall be lawful for any Justice of the Peace 
 upon complaint upon Oath to be made by such Seaman, or on his be- 
 half to enquire into the matter upon Oath in a summary way ; and if 
 it shall appear to such Justice that the alleged claim is fraudulent, or 
 that the debt was not fairly incurred to the full amount of the claim 
 — by Warrant under his hand and Seal, to cause such effects to be 
 seized and delivered over to such Seaman ; and the person so detain- 
 ing the same shall forfeit and pay a sum not exceeding five Pounds, 
 with costs, at the discretion of such Justice. 
 
 Period for X. And bc it, &c., that the Master or Owner of every Ship regis- 
 
 wa"r' °' tered in or belonging to these Islands shall and is hereby required to 
 pay to every Seaman his "Wages, at the latest, within three days after 
 the cargo shall have been delivered, or within seven days after the 
 Seaman's discharge, whichever shall first happen ; and in all cases the 
 Seaman shall, at the time of his discharge, be entitled to be paid on 
 account a Sum equal to one-fourth part of the balance due to him ; 
 and in case the Master or Owner shall neglect or refuse to make pay- 
 ment in manner aforesaid, he shall for every such neglect or refusal 
 forfeit and pay to the Seaman the amount of two days pay (to be 
 
 Proviso. 
 
 Penalty on 
 harbouring 
 deserter. 
 
 Petty debts 
 incurred by 
 Seamen not 
 recoverable 
 until conclu- 
 sion of serv- 
 ice. 
 
 Publicans 
 not to de- 
 tain chest, 
 &c. 
 
 Penalty. 
 
1848.] BERMUDA ACTS. 523 
 
 recovered as Wages) for each day, not exceeding ten days, during 
 which, payment shall without sufficient cause be delayed beyond the 
 respective periods aforesaid : provided always that nothing in this Proviso, 
 clause contained shall extend to the case of ships employed in the 
 Southern Whale Fishery, or on Voyages for which Seamen by the 
 terms of their agreement, are wholly compensated by shares in the 
 profits of the adventure. 
 
 XI. And be it, &c., that if three days after the termination of "^^l'™^"" 
 the stipulated Service, or if three days after a Seaman shall have been ment of 
 discharged, he shall be desirous of proceeding on another Voyage, and be ordered, 
 in order thereto, or for any other sufficient reason, shall require imme- 
 diate payment of any amount of Wages not exceeding Twenty Pounds 
 
 due to him, it shall be lawful for any Justice of the Peace in these 
 Islands, where or near to the port or place where such Service shall 
 have terminated or such Seaman shall have been discharged, or the 
 party or parties liable shall be or reside, on application from such 
 Seaman, and on satisfactory proof that he would be prevented from 
 employment, or incur serious loss or incovenience by delay, to sum- 
 mon such party or parties before him, and if it shall appear to the 
 satisfaction of such Justice that there is no reasonable cause for delay, 
 to order payment to be made forthwith, and in default of immediate 
 compliance with such order such party or parties shall forfeit and pay 
 to such Seaman, in addition to his Wages the sum of Five Pounds, 
 besides costs. 
 
 XII. And be it, &c., that in all cases of Wages not exceeding ^*||^"" 
 Twenty Pounds which shall be due and payable to any Seaman for £20 to be re- 
 service on board of any Ship registered in or belonging to these before^jl^- 
 Islands, it shall be lawful for any two Justices of the Peace in these '''=^^- 
 Islands, where or near to the place where the Ship shall have ended 
 
 her Voyage, or discharged her cargo, or the party or either of the par- 
 ties upon whom the claim is made shall be or reside, upon complaint 
 on Oath made to such Justices by such Seaman, or on his behalf, to 
 summon such party or parties before them to answer such complaint ; 
 and upon the appearance of such party or parties, or in default there- 
 of, on due proof of him or them having been so summoned, such Jus- 
 tices are hereby empowered to examine the parties, and their respect- 
 ive Witness (if any) upon Oath, touching the complaint, and the 
 amount of Wages due, and to inspect any agreement, or copy thereof, 
 if produced, and make such order for payment of the said Wages, not 
 exceeding Twenty Pounds, with the costs incurred by the Seaman in 
 prosecuting such claim as shall to such Justices appear reasonable and 
 just ; and in ease such order shall not be obeyed within two days next 
 after the making thereof, it shall be lawful for such Justices to issue 
 their Warrant to levy the amount of the Wages awarded to be due, 
 by distress and Sale of the Goods and Chattels of the party on whom 
 such order for payment shall be made, rendering to such party the 
 overplus (if any shall remain of the produce of the Sale) after deduct- 
 ing thereout all the costs and charges incurred upon the complaint,, 
 distress and levy ; or to cause the amount of the said Wages costs and 
 charges to be levied on the Ship in respect of the service on board 
 
No Suit for 
 
 524 BERMUDA ACTS. [1848. 
 
 which the Wages are claimed, or on the boats, tackle and apparel 
 thereof ; and the award and decision of such Justices as aforesaid, 
 shall be final and conclusive. 
 
 XIII. And be it, &c., that no Suit or proceeding for the recovery 
 TxcfediF' °^ Wages shall, unless they exceed Twenty Pounds be instituted 
 £20hi ^ against any Ship registered in or belonging to these Islands, or the 
 iTmhly Master or Owner thereof in the Court of Vice Admiralty in these 
 exctpun' Islands, or in the Court of General Assize in these Islands— unless the 
 certain spe- Owuer of the Ship shall be bankrupt or insolvent, or the' Ship shall 
 cified cases. ^^ yjj^gj. arrest or sold by the authority of the Court of Vice Admi- 
 ralty, or unless any Justice of the Peace acting under the authority 
 of this Act shall refer the ease to be adjudged by such Court of Vice 
 Admiralty — or unless neither the Owner nor Master shall be or re- 
 side in these Islands. 
 
 Common XIV. And whereas by an Act of the Legislature of these Islands 
 
 pShawe." passed in the year One thousand eight hundred and thirty-six, inti- 
 tuled " An Act for the Summary punishment of Common Assaults 
 and Batteries " — a summary jurisdiction is provided for the punish- 
 ment of persons guilty of Conimon Assaults and Batteries — and 
 whereas it is expedient that a Summary mode of proceeding should 
 likewise be provided for the punishment of similar offences committed 
 on board Ships registered in or belonging to these Islands — Be it 
 therefore enacted that in the case of any assault or battery committed 
 on board any Ship registered in or belonging to these Islands, on the 
 High Seas or in any part of the World, it shall be lawful for any two 
 Justices of the Peace in these Islands residing at or near any port or 
 place in these Islands at which the said Ship may arrive, upon com- 
 plaint of the party aggrieved, to hear and determine any such com- 
 plaint, and to proceed and make such adjudication thereon (except 
 as to the amount of fine) as by the said Act any two Justices are em- 
 powered to do in the cases of assaults and batteries in these Islands ; 
 and such Justices shall be authorised to impose any fine not exceed- 
 ing five Pounds, instead of the amount limited by the said Act — and 
 the fine or forfeiture to be imposed in any such case shall be payable 
 Proviso. into the Public Treasury of these Islands — Provided always that such 
 complaint shall be made and prosecuted within three months after 
 such alleged assault or battery — or within one month after the arrival 
 of such Ship at these Islands — or within one month after the respect- 
 ive parties shall be within these Islands. 
 
 Penalties XV. And be it, &c., that all penalties and forfeitures imposed 
 
 recovered by tMs Act, and for the recovery whereof no specific mode is herein- 
 and appued. before provided, shall and may be recovered with Costs, at the Suit 
 of any person, by information and Summary Proceeding before any 
 Justice or Justices of the Peace in these Islands, where or near to the 
 place where the offence shall be committed, or the Offender shall be ; 
 and in case of a Summary Conviction under this Act, and the sum 
 imposed as a penalty by the Justice or Justices shall not be paid, 
 either immediately after the conviction or within such period as the 
 Justice or Justices shall appoint it shall be lawful for the convicting 
 Justice or Justices to commit the offender to Gaol, there to be impris- 
 oned, either with or without hard labour, as the Justice or Justices 
 
1848.] BERMUDA ACTS. 525 
 
 stall direct, for any term not exceeding three Calendar months — the 
 commitment to be determinable upon payment of the amount and 
 Costs — and all penalties and forfeitures mentioned in this Act for 
 which no specific application is hereinbefore provided shall, when 
 recovered, be paid and applied as follows ; (that is to say,) so much 
 thereof as the Justice or Justices shall determine, but not exceeding 
 one moiety, shall be paid to the informer or person upon whose dis- 
 covery or information the same shall be recovered, and the residue 
 shall be paid into the Public Treasury of these Islands — for and to- 
 wards the support of the Government of these Islands — Provided Proviso for 
 always that it shall be lawful for the Justice or Justices before whom penames!'"' 
 any proceedings shall be instituted for the recovery of any pecuniary 
 penalty under this Act, to mitigate or reduce such penalty as to such 
 Justices shall appear reasonable ; but no such penalty shall be re- costs 
 duced to less than one-third of its original amount ; and it shall be coSpuin- 
 lawful in the discretion of the said Justice or Justices hearing the *""• 
 complaint, to order such Costs against the infofming or complaining 
 party failing to prove the charge as the said Justice or Justices may 
 deem fit : such Costs to be recoverable in the same manner as penal- 
 ties under this Act and to be paid as such Justice or Justices shall 
 direct, — Provided also, that all proceedings so to be instituted shall Pioviao. 
 be commenced within two Calendar months after the return of the 
 Offender and the complaining party to these Islands. 
 
 XVI. And to avoid doubts in the construction of this Act — be it DeflniUon of 
 enacted, that every person having the charge or command of any Ship 
 registered in or belonging to these Islands shall for the purposes of 
 
 this Act be deemed and taken to be the Master of such Ship ; and "Master." 
 that every person (apprentices excepted) employed or engaged to 
 serve in any capacity on board the same shall be deemed and taken 
 to be a Seaman — within the meaning of this Act ; and the term "Seaman." 
 "Ship" shall be deemed to comprehend every description of Vessel, "sup." 
 navigating to places out of these I|Jands ; and the term "Owner" " owner.- 
 shall be deemed to comprehend all the several persons, if more than 
 one to whom the Ship shall belong. 
 
 XVII. And be it, &c., that this Act maybe amended or repealed Act may be 
 by any Act to be passed "during the present Session of the Legisla- TSesdon. 
 ture. 
 
 XVni. And be it, &c., that this Act shall commence in opera- Duration, 
 tion on the first day of October in this present Year, and shall con- 
 tinue in force until and throughout the last day of December, which 
 will be in the year of Our Lord, One thousand eight hundred and 
 fifty-three, and then to determine and expire. 
 
 [Continued to end of 1862, by Act of 18S2, No. 11. . Amended by Act of 1849, No. 6.] 
 
536 
 
 BEEMUDA ACTS. 
 
 [1848. 
 
 
 3^.g 
 
 
 ^^ 
 
 .g 
 
 2"s 
 
 a 
 
 
 f-H ^ 
 
 " la o e '^ 
 
 a § o 
 
 J OS O uu 
 
 ' oj Sh na += ]T», 
 ! rt (B m o rO ty 
 
 ^ m ^ S * - 
 
 g a t-^ S5 
 
 OS© -. OJ 
 
 •^^ ^^ >:>»j 
 
 p- -d o O H aj rj 
 
 "-"olll^il 
 I!&!oSa§HS 
 
 bn 
 
 >> 
 
 ^ 
 
 
 ' a. 
 
 '^ £ 
 
 1^. 
 
 
 -0 I— i qj 1-. 
 
 pj 03 S p ^ 
 
 1*^ ej □ 03 w n «J 
 
 ®L° 3 §1^ S 5 » 
 
 ■=■ S "^-g StS 
 
 ar^TB * a S ».2 
 ^ S ".2-3 o S^l 
 
 
 m 
 
 <a o 
 
 .9 a> 
 
 
 I" 
 
 
 >. 
 
 ^ 
 
 "s !2i 
 
 ■§ 
 
 Ph 
 
 -a 
 
 "3 
 
 Ph 
 
 ^ 5| 
 2 m!- 
 
 1^ 2 M « 
 
 © 43 -^ 
 
 '2 tio 
 
 ^::: Ja^ 
 
 a 2 I 
 
 © E3 03 
 ra 2 
 
 aS i=i"H 5? o 
 
 ■oS 9 ° ° t>, 
 
 8 mS g o=3 
 
 ^132 >.% ? 
 ^ S .^ i S 
 
 - >>§ t.a'i 
 
 © t, g P;f3 a 
 
 g o " © tiO rf 
 
 .3 (► Jii © © 
 
 9 a 
 
 
 
 a 
 
 
 
 In. 
 
 pii 
 
 
 
 
 
 
 Quantity of 
 provision 
 per day. 
 
 
 
 ^4. 
 
 II 
 
 
 
 §■3 8 
 
 
 
 1^ 
 
 
 
 E°S 
 
 
 
 8. 
 
 < 
 
 
 
 1 
 
 
 
 1 
 
 "s 
 
 a 
 s 
 
 Id 
 a 
 
 e3 
 
 1 
 
 P4 
 
 
 
 
 a- 
 
 1=1 
 o 
 
 
 
 n 
 
 
 
 
 
 
 
 Jg-O 
 
 o 
 13 
 
 s§ 
 
 13 
 
 is 
 
 5S 
 
 58 
 
 "^ 
 
 Hi 
 
 "i 
 
 « 
 
 
 
 
 
 >. 
 
 ^aS 
 
 "3 
 
 O ed O 
 
 
 §i^ 
 
 S 
 
 
 C3 
 
 
 €^9 
 
 ■f 
 
 
 
 
 1 
 
 r-J 0, ^ 
 
 
 g»o 
 
 •as, 
 
 
 
 S ° 5 
 
 "■!• 
 
 I=>>^ 
 
 
 S^ 
 
 
 
 
 •fl^^ 
 
 CJS 
 
 
 .s^a 
 
 
 Jli 
 
 I.S^ 
 
 f.%. 
 
 S^'S 
 
 wa 
 
 isS-^ 
 
 * s. 
 
1848.] BERMUDA ACTS. 5^7 
 
 1848. No. 23. 
 
 AN ACT to continue and amend the Act intii/uled " An Act for 
 the tetter Regulation of the Pilotage", 
 
 [26 August, 1848.] 
 
 WHEREAS the Act intituled " An Act for the better Eegulation Preamble. 
 of the Pilotage " — was passed by the Legislature of these Islands in 
 the Year of Our Lord One Thousand Eight Hundred and Forty-three — 
 for a limited period of time — and was amended by another Act passed 
 in the Year of our Lord One Thousand Eight Hundred and Forty-four, 
 and it is expedient to continue the same for a further period of time 
 with the amendments hereinafter contained : — 
 
 I. We, therefore, &c., and be it enacted, &c., that the said Act Actof i843 
 passed in the Year of our Lord One Thousand Eight Hundred and ^°h'Z'*nd- 
 Forty-three, the Title whereof is above recited, be, and the same hereby ™™'=- 
 is continued in force during the continuance of this present Act — with 
 the amendments hereinafter contained. 
 
 H. And be it, &c., that within three months after the passing of puotcom- 
 this Act the Clerk of the Commissioners of Pilotage shall furnish to cS°to mi- 
 the Receiver General, and also to the Assistant Receiver General, a "fpiJ^^ 
 List of the names and places of residence of all such Persons as shall to Receiver 
 then have been licenced as Pilots under the said Act passed in the Assb'tant 
 Year One Thousand Eight Hundred and Forty-three or the present oeni.'to'^be 
 Act ; and shall also from time to time report to such Receiver General JjJ'g^f "^""^ 
 and Assistant Receiver General the names of such other persons as 
 shall be licenced as Pilots, within ten days after any such Licences 
 being granted, in order that the Names and Places of Residence of such 
 subsequently licenced Pilots may be added to such Lists ; and the said 
 Receiver General and Assistant Receiver General respectively, are 
 hereby authorized and required to keep one of such Lists, or a copy 
 thereof, hung up in some conspicuous part of their respective Offices 
 at Hamilton and St. George's for the inspection of all whom it may 
 concern. 
 
 HI. And be it, &c., that no person who hath not already ob- jj„pgrg„„ 
 tained a Licence as a Pilot shall be entitled to obtain a Licence as a ^°^^^^\^ ^ 
 Pilot after the first day of January in the Year of Our Lord One puot after 
 Thousand Eight Hundred and Fifty, unless such person can read. isso w'ho 
 
 cannot read. 
 
 lY. And be it, &c., that upon and from arid after the first day of J^^^^^^ 
 October in this present year One Thousand Eight Hundred and puotage. 
 Forty-eight, and during the continuance of this Act, the rates of 
 Pilotage, instead of the rates mentioned in the said Acts passed in 
 the years One Thousand Eight Hundred and Forty-three and One 
 Thousand Eight Hundred and Forty-four shall be as follows : (that is 
 to say :) — 
 
528 
 
 BERMUDA ACTS. 
 
 [1848. 
 
 Pilotage Inwaeds — 
 
 Inwards. For everj Sailing Vessel drawing not more than eight j^feet water — 
 
 Fifty Shillings. 
 For every Sailing Vessel drawing more than eight feet water and less 
 
 than fourteen — the further Bum of Six Shillings for each and 
 
 every foot more than eight. 
 For every Sailing Vessel drawing fourteen feet water or upwards — 
 
 Seven Shillings for each and every foot. 
 
 Pilotage Outwaeds' — 
 
 For every Sailing Vessel drawing not more than eight feet water — 
 
 Thirty Shillings. 
 For every Sailing Vessel drawing more than eight feet water and less 
 
 than fourteen — the further sum of Four Shillings for each and 
 
 every foot more than eight. 
 For every Sailing Vessel drawing fourteen feet water or upwards — 
 
 Five Shillings for each and every foot. 
 For Piloting any Vessel from one Port or Anchorage to another in 
 
 these Islands — half as much as the Pilotage rates for Piloting 
 
 such Vessel from Sea would be under this Act. 
 
 Outwards. 
 
 Coasting. 
 (Altered by 
 1860, No. 3.) 
 
 Provided that when any Vessel bound to Sea shall be obliged by 
 change of wind or other circumstance to anchor before she gets to Sea 
 — or any Vessel coming in from Sea shall be obliged by such circum- 
 stances to anchor before arriving at her destined Port or Anchorage — 
 not more than one entire Pilotage rate shall be charged for the entire 
 
 Day Pay. Pilotage Service ; and that the day pay shall be the same as author- 
 ized by the said Act passed in the year One Thousand Eight Hundred 
 and Forty-three, and that the Pilotage for conducting any Vessel dis- 
 
 Sis temllt naasted, crippled or otherwise injured so as to occasion extraordinary 
 
 ed, 4c. care or trouble in Piloting the same — instead of double the ordinary 
 Pilotage- — shall be such as the Pilot and Master, Owner or Consignee 
 of such Vessel can agree upon ; or in case of their not agreeing, as 
 shall be determined by the Mayor and any Justice associated with 
 him in the manner in the Eighteenth Section of the said Act passed 
 in the year One Thousand Eight Hundred and Forty-three is pro- 
 vided ; and that upon and after the said first day of October One 
 Thousand Eight Hundred and Forty-eight, and during the continuance 
 of this Act, the rates of Pilotage on Vessels propelled by Steam shall 
 
 steam ves- *'°^7 ^^ fivc-sixths of the ratcs in this Act fixed for the Pilotage of 
 
 seis. Sailing Vessels. 
 
 Duration. ^- -^^^ ^^ ^% &c., that this present Act shall continue in force 
 
 until and throughout the last day of December which will be in the 
 year of Our Lord One Thousand Eight Hundred and Fifty-five, and 
 then to determine and expire. 
 
 [Continued to end of 1866, by Act of 1860, No. 3. 
 1854, No. 15.] 
 
 Amended by that Act and by Act of 
 
i848.] BERMUDA ACTS. 529 
 
 1848. No. 24. 
 
 AN ACT to continue and amend the Act for imposing a Tax 
 
 upon Doqs. 
 
 [2 September, 1848.] 
 
 WHEEEAS the Act intituled " An Act for imposing a Tax upon preamble. 
 Dogs " — was passed by the Legislature of these Islands in the year 
 of Our Lord One thousand eight hundred and thirty-one — for a lim- 
 ited period of time — and since then has been repeatedly continued — ■ 
 and it is expedient to continue the same in force with the amendment 
 hereinafter contained : 
 
 I. We, therefore, &c., and be it enacted, &c., that the said Act Aotof issi 
 passed in the year One thousand eight hundred and thirty-one, the -=»°"°i^''- 
 Title whereof is above recited, be, and the same hereby is continued 
 
 in force during the continuance of this present Act — with the amend- 
 ment hereinafter expressed. 
 
 II. And be it, &c., that in default of payment of the said Tax in ^^^^^^^ 
 the said Act mentioned or of destroying the Dog respecting which such levied under 
 Tax accrues within the Seven days in the said Act mentioned, the Con- ^om'^any 
 stable shall be authorized and empowered under a "Warrant from any 1"^^^^°^^ 
 Justice of the Peace to levy the said Tax and Costs by distress and 
 
 sale of the Goods and Chattels of the Owner or Possessor of such Dog 
 neglecting to pay for or destroy such Dog as therein required, and 
 that no such Sale shall take place before the expiration of three days 
 after such levy. 
 
 III. And be it, &c., that this Act shall be in force until and 
 throughout the last day of December — which will be in the year of t°rcexovhe 
 Our Lord One thousand eight hundred and fifty-three. endof isss. 
 
 [Continued by Act of 1852, No. 2.] 
 
 1848. No. 26. 
 
 AN ACT to continue and amend the Act to maintain a Light House, 
 and the Act to provide some further Accommodation and Salary 
 for the Keepers of the Light House. 
 
 [8 September, 1848.] 
 
 WHEEEAS the Act intituled " an Act to maintain a Light House " preamble. 
 — was passed by the Legislature of these Islands in the Year of Our 
 Lord one thousand eight hundred and forty-four — ^for a limited period 
 of time — and the Act intituled " an Act to provide some further accom- 
 modation and Salary for the Keepers of the Light House " — was passed 
 by the Legislature of these Islands in the year one thousand eight 
 hundred and forty-six — for a limited period of time — and it is expedi- 
 ent to continue the said Acts in force for a further period — and to 
 amend the same in the manner hereinafter expressed : 
 67 
 
530 
 
 BERMUDA ACTS. 
 
 [1848. 
 
 Acts of 1844 
 and 1846, 
 oontinued. 
 
 Inspector of 
 Machinery 
 to be ap- 
 pointed. 
 
 His Duty 
 and Salary. 
 
 Tolls to be 
 received by 
 the Receiver 
 General and 
 Assistant 
 Receiver 
 General. 
 
 Duty pre- 
 8cribed~by 
 Act of 1844 
 to Treas- 
 urer, to be 
 performed 
 by Receiver 
 General. 
 
 His com- 
 pensation. 
 
 No Ship to 
 clear out- 
 wards at 
 Rec. Gen's 
 office, until 
 Tolls be 
 paid. 
 
 Tolls on 
 Mail Steam 
 Packets. 
 
 I. "We, therefore, &c., and be it enacted, &c., that the said Acts 
 passed in the year one thousand eight hundred and forty-four, and in 
 the year one thousand eight hundred and forty-six respectively, the 
 titles whereof are above recited, be, and the same hereby are contin- 
 ued in force with the amendments hereinafter expressed during the 
 continuance of this present Act. 
 
 II. And whereas the Machinery connected with the said Light at 
 Gibb's Hill is of a complicated construction, and it is desirable that 
 the same should be frequently inspected by some person of competent 
 skill to detect and point out any defects therein, be it enacted that it 
 shall be lawful for the Governor to appoint during pleasure some fit 
 person of competent skill to inspect the machinery of the said Light 
 House and Light, and to superintend such repairs of the machinery as 
 he may judge necessary ; and that such inspector shall be bound to 
 inspect the said Light House and machinery at least once a month, or 
 as much oftener as may be requisite, or as he may be required by the 
 Commissioners of the said Light House, or a majority of them ; and 
 to make a quarterly Report to the Commissioners on the state of the 
 Machinery ; and shall be entitled to receive out of the Public Treasury 
 of these Islands a Salary of thirty pounds a year, payable quarterly, 
 upon production of a warrant from the Governor, and a certificate 
 from the Commissioners of the said Light House, or any two of them, 
 of such inspector having satisfactorily performed his duty ; and that 
 such salary may be computed from the thirty-first day of March last 
 past, when some arrangement was made for the inspection of the said 
 machinery. 
 
 III. And be it, &c., that the Tolls under the said Act passed in 
 the year one thousand eight hundred and forty-four — or the present 
 Act — on any vessel coming to or arriving at the Port of Saint George 
 may be received and recovered by the Assistant Keceiver General at 
 that Port, and the Tolls on all other vessels coming to or arriving at 
 these Islands may be received and recovered by the Receiver General 
 of these Islands — in the manner prescribed by the said Act passed in 
 the year one thousand eight hundred and forty-four, and that all other 
 matters and things contemplated by the said Act passed in One thou- 
 sand eight hundred and forty-four to be done and performed by the 
 Public Treasurer may be done and performed by the Receiver General 
 of these Islands — whose Salary shall be deemed to comprehend a com- 
 pensation for his services under this Act instead of the per centage 
 allowed to the Treasurer by the said Act passed in One thousand eight 
 hundred and forty-foui'. 
 
 IV. And be it, &c., that no ship or vessel shall be permitted to 
 clear outwards at the Office of the Receiver General or Assistant Re- 
 ceiver General of these Islands until the Master or other person having 
 the command of such vessel, or some other person on his behalf, shall 
 have paid the Tolls payable on such Ship or Vessel under the said 
 Act passed in the year one thousand eight hundred and forty-four and 
 this present Act. 
 
 V. And be it, &c., that for all Steam Packets carrying Her Ma- 
 jesty's Mails, instead of the Toll of four pence per ton or of the Toll of 
 
1849.] BERMUDA ACTS. 531 
 
 five potmds mentioned in the said Act passed in one thousand eight 
 hundred and forty-four, there shall be paid only the following Tolls, — 
 that is to say, — for every such Steam Packet exceeding Six hundred 
 Tons the sum of three pounds, and for every such Steam Packet not 
 exceeding six hundred tons the sum of one pound four shillings, for 
 each time of her arrival at any Port or Place in these Islands. 
 
 VI. And be it enacted, that all Ships and Vessels freighted or To^ison 
 engaged as Store Ships for Government, and terminating their charter °'^ """■ 
 at these Islands, shall be subject to the said Toll of four pence per Ton, 
 except when wholly engaged in the service of Her Majesty, both on 
 arrival of the said Ship at these Islands and on her ulterior voyage from 
 
 these Islands, and shall give satisfactory proof of such ulterior desti- 
 nation to the Eeceiver General or Assistant Eeceiver General within 
 twenty-four hoiirs after her arrival. 
 
 VII. And whereas by the Second clause of the said Act of one oufor 
 thousand eight hundred and forty-four tlie Commissioners of the Light to?e S""^' 
 House were required to provide Oil for the said Light House, but the ^^^^ descrip- 
 quality of that article is not specified, and it is highly important that sperm on, 
 oil used for Light House purposes should be of the best quality, be it u^ea^in 
 enacted that the oil imported or purchased for the use of the Light Britain. 
 House in this Island shall be procured of the best descrijjtion of 
 sperm oil, and such in quality as is used in Light Houses in Great 
 Britain. 
 
 VIII. And be it enacted, that this Act shall be and continue in Duration. 
 force until and throughout the thirty-first day of December whicli 
 
 will be in the year of Our Lord one thousand eight hundred and fifty- 
 eight. 
 
 [Continued to end of 1868 by Act of 186'7, No. 21.] 
 
 1849. No. 3. 
 
 AN ACT to continue rind amend certain Acts relating to the Public 
 
 Oaols. 
 
 [15 June, 1849.] 
 
 "WHEEEAS the Act intituled "An Act for the regulation of the pi-eambie. 
 Public Gaols in these Islands " — was passed by the Legislature of 
 these Islands in the year of our Lord One thousand eight hundred 
 and thirty-four — for a limited period of time — and since then has been 
 continued for further periods of time — and the Act intituled " An Act 
 in addition to the Act for the Regulation of the Public Gaols " — was 
 passed by the Legislature in the year One thousand eight hundred 
 and thirty-eight — ^for a limited period of time and since then has been 
 continued for further periods of time — and the Act intituled " An Act 
 to continue and amend the Acts for the regulation of the Public 
 Gaols "—was passed by the Legislature in the year One thousand 
 eight hundred and forty-four — for a limited period of time — and it is 
 
532 
 
 BERMUDA ACTS. 
 
 [1849. 
 
 Acts of 
 1884, 1888 
 and 1841 
 continued 
 to the end 
 of 1859. 
 
 Penalty on 
 assaulting 
 Officers of 
 tlie Gaols. 
 
 expedient to contimie the said several Acts in force for a further time, 
 with the amendment hereinafter contained : — 
 
 I. "We, therefore, &c., and be it enacted, &c., that the said sev- 
 eral Acts, the Titles whereof are above recited, respectively passed in 
 the years One thousand eight hundred and thirty-four, One thousand 
 eight hundred and thirty-eight, and one thousand eight hundred and 
 forty-four, with the amendment hereinafter contained, be and the 
 same hereby are continued in force until and throughout the last day 
 of December which will be in the year of our Lord One thousand 
 eight hundred and fifty-nine — and then to determine and expire. 
 
 II. And be it, &c., that every person who shall assault or vio- 
 lently resist any Officer of either of the Public Gaols in these Islands 
 in the execution of his duty — or who shall aid or incite any person so 
 to assault or resist any such Officer— shall for every such Offence, on 
 conviction thereof by the evidence of one or more witnesses, or upon 
 his or her own confession, before two Justices of the Peace, be liable 
 to a penalty of not more than Five Pounds, together with Costs of 
 Prosecution, to be levied, if not forthwith paid, by Distress and Sale 
 of the Goods and Chattels of the Offender ; or, in the discretion of 
 the Justices before whom he or she shall be convicted, may be impris- 
 oned, with or without hard labour, for any time not more than one 
 calendar month : — or if the Offender be already under sentence of 
 imprisonment, then such Offender, for every such Offence, shall be 
 imprisoned, with or without hard labour, for any time not more than 
 six calendar months, in addition to so much of the term for which he 
 or she was originally sentenced as may then be unexpired. 
 
 [Continued to end of 1869, by Act of 1858, No. 2.] 
 
 1849. No. 4. 
 
 AN ACT to continue and amend the Act '■^ For supply vng some 
 defects in the Laws relatvve to Suits hefore Justices of the Peace 
 and Parish RatesP 
 
 [15 June, 1849.] 
 
 Preamble. 
 
 "WHEEEAS the Act intituled "An Act for supplying some defects 
 in the Laws relative to Suits before Justices of the Peace and Parish 
 Kates " — was passed by the Legislature of these Islands in the year of 
 our Lord One thousand eight hundred and thirty-two — for a limited 
 period of time — and it is expedient to continue the same in force, with 
 the amendment hereinafter contained : — ■ 
 
 I. We, therefore, &c., and be it enacted, &c., that the said Act, 
 madepl?^ ^^ Title whcrcof is above recited, be continued in force- indefinitely, 
 petuai. with the amendments hereinafter contained. 
 
 Appeal -'■-'-• -^"'^ ^® ^*' ^^"> *^^^^ ^'^ "^^^^ '^^ ^^y Appeal being craved from 
 
 treated as any such Judgment of any Justice or Justices of the Peace, as in the 
 ft th" Writ first Section of the said Act is mentioned, if the Appellant shall not 
 
1849.] BERMUDA ACTS. 533 
 
 sue out a Writ of Error and have the same served upon the Justice or out°iritwn^ 
 Justices within thirty days after such Judgment, it shall be lawful for so days. 
 the Appellee, if he shall think fit so to do, to treat such Appeal as aban- 
 doned, to sue out Execution from the Justice or Justices, and to proceed 
 thereon as if no such Appeal had been craved. 
 
 m. And whereas the Act passed in the year One thousand seven Preambi.. 
 hundred and seven, and referred to in the Preamble of the said Act 
 passed in the year One thousand eight hundred and thirty-two, con- 
 tains an Enactment prohibiting any Action for such Debts as are 
 thereby authorized to be commenced and prosecuted before Justices 
 of the Peace, from being commenced or prosecuted in any of the 
 Superior Courts in these Islands, and the Acts passed in the years 
 One thousand eight hundred and fourteen — and One thousand eight 
 hundred and thirty-one, also referred to in the Preamble of the said 
 Act passed in the year One thousand eight hundred and thirty-two, 
 encreasing the amount for which Actions of Debt may be commenced 
 and prosecuted before Justices of the Peace — do not contain any 
 Enactment expressly prohibiting Actions for such encreased amounts 
 being commenced or prosecuted in the Superior Courts of Record in 
 these Islands, and it is expedient to remove all doubts upon this 
 matter : — 
 
 Be it declared and enacted, that from henceforth no Action or Suit Debts which 
 shall be commenced or prosecuted in the Court of General Assize, ^ei\oibe- 
 (otherwise than by way of Appeal by Writ of Error from some Judg- '"'« J- ^■ 
 ment of a Justice or Justices of the Peace,) for any Debt which might suedfo/m 
 have been sued for or recovered before any Justice or Justices of the comt'.'"^ 
 Peace — under the Provisions of the said Act passed in the year One 
 thousand seven hundred and seven — or any other Act in amendment 
 or extension thereof. 
 
 [See Acts of 1850, No. 10, § 15 ; and 1852, No. 12, § 1, 3.] 
 
 1849. No. 6. 
 
 AN ACT in addition to the Act " relating to Merchant Seamen in 
 
 Bermuda Vessels. 
 
 [14 July, 1849.] 
 
 WHEEEAS the Act intituled "An Act relating to Merchant Preamble. 
 Seamen in Bermuda Vessels " — was passed by the Legislature of these 
 Islands in the year of our Lord One thousand eight hundred and 
 forty-eight, and it is deemed expedient to make some additions 
 thereto : 
 
 I. We, therefore, &c., and be it enacted, &c., that nothing con- Entry of 
 tained in the said Act passed in the year One thousand eight hundred f|^*Na?y°'° 
 and forty-eight, or any Agreement under that Act, shall prevent any not to be 
 Seamen or Person belonging to any Ship or Vessel registered in or be- sertoL 
 longing to these Islands, — whether within the precincts of this Colony, 
 or elsewhere, — from entering or being received into the Naval Service 
 
534 
 
 BERMUDA ACTS. 
 
 [1849. 
 
 Upon such 
 Entry to re- 
 ceive his 
 Clothes, &c. 
 and wages. 
 
 No person 
 prosecuted 
 under Act 
 of Parlia- 
 ment to be 
 afterwards 
 prosecuted, 
 for the same 
 matter, un- 
 der the Ber- 
 muda Act. 
 
 This Act to 
 be construed 
 as part of 
 the Act of 
 1848— and 
 in force to 
 endonaSB. 
 
 of Her Majesty ; nor stall any sucli Entry be deemed a desertion from 
 the Ship or Vessel ; nor shall such Seaman or other Person thereby 
 incur any penalty or forfeiture whatever, either of "Wages, Clothes or 
 Effects, or other matter or thing : and no Master or Owner shall 
 insert or introduce, or permit to be inserted or introduced, into any 
 Articles or Agreement, any Clause, Engagement or Stipulation where- 
 by any Seaman or other person shall or may incur any forfeiture, or 
 be exposed to any loss in case he shall enter into her Majesty's ]!^aval 
 Service ; and if inserted, the Clause, Engagement or Stipulation shall 
 be void, and the Offender shall thereby incur a penalty of twenty 
 pounds. 
 
 II. And be it, &c., that when any Seaman shall quit any such 
 Ship or Vessel as aforesaid, in order to enter into Her Majesty's ISTaval 
 Service, and shall thereupon be actually received into such Service, 
 not having previously committed any Act amounting to, and treated 
 by the Master as desertion, he shall be entitled immediately upon such 
 entry to have his Register Ticket (if any) and all his Clothes and Ef- 
 fects on board such Ship or Vessel delivered to him, and to receive 
 from the Master the proportionate amount of his wages up to the 
 period of such entry, to be paid either in money or by a Bill on the 
 Owner ; all which [Register Ticket, (if any,) Clothes, Effects, Money 
 or Bill, such Master is hereby required to deliver and pay to him ac- 
 cordingl}', under a penalty of twenty pounds for any refusal or neglect, 
 to be recovered with full costs of suit by such Seaman ; but in case 
 the Master shall have no means of ascertaining the Balance, he shall 
 make out and deliver to such Seaman a Certificate of the period of his 
 service and the rate of wages he is entitled to, producing at the same 
 time to the Commanding or other OflBcer of Her Majesty's Vessel the 
 agreement with the Seaman, and every such Master, upon the delivery 
 of such Eegister Ticket,, (if any,) Clothes and Effects and the Settle- 
 ment of such Wages in manner herein mentioned, shall receive from 
 the Officer in Command of the Vessel into which the Seaman shall 
 have entered, a Certificate of such Entry, endorsed on the Agreement, 
 and signed by the said Officer, which such Officer is hereby required 
 to give. 
 
 in. And be it declared and enacted, that no person who shall 
 have beenprosecuted or proceeded against under any Enactment of 
 the Imperial Parliament relating to Merchant Seamen, shall be liable 
 afterwards to be prosecuted or proceeded against, for the same matter, 
 under the said Act of the Legislature of these Islands passed in the 
 year One thousand eight hundred and forty-eight. 
 
 IV. And be it, &c., that this present Act shall be deemed and 
 taken to be a part of the said Act passed in the year One thousand 
 eight hundred and forty-eight, and shall be and continue in force until 
 and throughout the last day of December, which will be in the year of 
 our Lord One thousand eight hundred and fifty-three, and then to de- 
 termine and expire. 
 
 [Continued to end of 1862, by Act of 1852, ITo, 11.] 
 
1849.] BERMUDA ACTS. 535 
 
 1849. No. 7. » 
 
 AN ACT to continue and amend the Acts for improving the Police. 
 
 [18 July, 1849.] 
 
 WHEEEAS the Act intituled " An Act for improving the Police Preamble. 
 in and near the Towns of Hamilton and Saint George, and for other 
 purposes " — was passed by the Legislature of these Islands in the year 
 of our Lord One thousand eight hundred and forty-four, for a limited 
 period of time ; and the Act intituled " An Act to continue and amend 
 the Act for improving the Police in and near the Towns of Hamilton 
 and Saint George, and for other purposes " — was passed by the Legis- 
 lature in the year One thousand eight hundred and forty-seven, for a 
 limited period of time ; and it is expedient to continue the said Acts 
 in force for a further time, with the amendments hereinafter con- 
 tained : — 
 
 I. We, therefore, »fcc., and be it enacted, &c., that the said Acts, Actson844 
 respectively passed in the years One thousand eight hundred and cont?imedto 
 forty -four, and One thousand eight hundred and forty-seven, the Titles j^™*"' 
 whereof are above recited, be, and the same hereby are continued in 
 force, with the amendments hereinafter contained, until and through- 
 out the last day of December, which will be in the year of our Lord 
 One thousand eight hundred and fifty-four, and then to determine and 
 expire. 
 
 n. And be it, &c., that every Person shall be deemed a loose, penalty on 
 idle and disorderly person, and shall be liable to a Penalty of not"™?"""-.^ 
 more than twenty -four shillings, together with Costs of Prosecution, Buiting lan- 
 and in default of payment to be imprisoned for any time not exceed- wM^oniy 
 ing ten days, who in any part of these Islands shall be guilty of either ^e*?™."^ 
 of the following Offences and be convicted thereof before any two 
 Justices of the Peace, (that is to say,) who, in or near any Public 
 highway, shall obstruct or annoy any Passenger in such highway by 
 using any obscene or insulting language, or who, during the Night 
 time, shall wantonly discharge any fire-arm to the disturbance of the 
 Public Peace, or to the damage or danger of any Person. 
 
 in. And be it, &c., that it shall be the Duty of the Police Con- constables 
 stables, and they are hereby severally required to exert their best certaS'^'^ 
 Endeavours to carry into effect within their respective limits the Pro- enactments, 
 visions contained in the Second Section of the said Act passed in the 
 year One thousand eight hundred and forty-seven. 
 
 [Continued to end of 1868 by Act of 185'7, No. 19.] 
 
536 
 
 BERMUDA ACTS, 
 
 [1849. 
 
 1849. No. 9. 
 
 AN ACT to declare the Signification of certain Eaypression^ fre- 
 quently occurring in Acts of the Legislature. 
 
 [8 August, 1849.] 
 
 Declaring 
 the significa- 
 tion in Acts 
 of the Legis- 
 lature of the 
 words — 
 
 " Her Maj- 
 esty." 
 
 "Governor.' 
 
 " Ofacer." 
 
 Words im- 
 porting sin- 
 gular num- 
 ber or mas- 
 culine gen- 
 der. 
 
 " Land." 
 
 " Ship." 
 " Master." 
 
 " Seaman." 
 
 "WHEREAS in order to avoid prolixity and tautology in the lan- 
 guage of the Acts of the Legislature it is expedient to declare that 
 certain words and expressions frequently occurring therein shall, un- 
 less it be otherwise specially provided, or there be something in the 
 Subject or Context repugnant to such construction, be construed to 
 have a general and comprehensive signification : 
 
 I. "We, therefore, &c., and be it enacted, &c., that in every Act 
 of the Legislature passed during the present Session or hereafter to be 
 passed, unless it be otherwise specially provided in such Act, or there 
 be something in' the Subject or Context repugnant to such construc- 
 tion, the words, expressions and terms hereinafter mentioned shall be 
 understood, deemed and construed to bear the signification hereinafter 
 expressed concerning them respectively : (that is to say :) The words 
 " Her Majesty," to mean Her Majesty the Queen, her Heirs and Suc- 
 cessors ; the word " Governor," to mean the G-overnor or other Officer 
 Administering the Government of these Islands for the time being : — 
 that whenever mention is made of any Public Officer, the Officer men- 
 tioned shall be deemed to be such Officer for the time being ; that 
 words importing the singular number, or the masculine gender only, 
 shall be understood to include several matters as well as one matter, 
 and several persons as well as one person, and females as well as 
 males, and Bodies Corporate as well as Individuals : — that the word 
 " Land," shall be understood to comprehend Messuages, Lands, Tene- 
 ments and Hereditaments, whether Corporeal or Incorporeal, and any 
 undivided share thereof, and any Estate or Interest therein : — ^that the 
 word " Ship," shall be understood to comprehend every description of 
 Sea-going v essel ; the word " Master," used with reference to a Ship, 
 shall be understood to signify the Master or other person having 
 charge of such Ship : — the word " Seaman," shall be understood to 
 comprehend every pei'son employed or engaged to serve in any ca- 
 pacity under that of the Master, on board of any Sea-going Ship. 
 
 1849. No. 10. 
 
 AN ACT for Settling an Annuity on George Forster MaMm'y. 
 
 [21 August, 1849.] 
 
 Preamble. 
 
 WHEEEAS George Forster Mallory, the late Clerk of Her Majes- 
 ty's Legislative and Privy Council in these Islands, has discharged for 
 thirty-nine years and upwards the duties of that Office with diligence 
 and fidelity and to the satisfaction of the Council ; but from loss of 
 
1849.] BERMUDA ACTS. 537 
 
 sight and inflrm health has been obliged to resign his appointment, 
 and it is expedient to make some provision for him : 
 
 I. We, therefore, &c., and be it enacted, &c., that the Receiver Annuity set- 
 General be, and he hereby is authorized and required to pay, out of Maiio?y. ' 
 any unappropriated monies in the Public Treasury, under warrant 
 
 from the Governor or other Officer administering the Government of 
 these Islands for the time being, unto the Order of the said George 
 Forster Mallory, the annual Sum of Sixty Pounds during his life. 
 
 II. And be it, &c., that the said Annuity be computed from the Payable 
 twenty-third day of February last, when the said George Forster "^"^■'■'"'y- 
 Mallory resigned his said Office, and that on the thirtieth day of 
 September next after the passing of this Act, a proportionate part, or 
 
 such amount as shall then fall due of the said Annuity be paid, and 
 that from and after that period the said Annuity be paid in four even 
 and equal quarterly payments, on the last days of December, March, 
 June and September, respectively, in every year, for and during the 
 life of the said George Forster Mallory, and any portion of a Quarter 
 which may accrue during his life time, after the last quarter day in 
 his life time to his legal Eepresentatives. 
 
 1849. No. 13. 
 
 AN ACT to amend the Act intituled " An Act to provide for the Col- 
 lection of the Revenue^ 
 
 [22 September, 1849.] 
 
 WHEREAS it is deemed expedient to amend the Act passed by preamble. 
 the Legislature of these Islands in the year One thousand eight hun- 
 dred and forty-eight, intituled " An Act to provide for the Collection 
 of the Revenue" : — 
 
 I. We, therefore, &c., and be it enacted, &c., that from and after packages 
 the passing of this Act, no Importer of any Articles, the Duties upon exempted 
 which are charged according to the value thereof, shall be required to valorem 
 include the cost of the packages in the Invoice price of such articles ^'^*^' 
 chargeable with such Duties ; and that so much of the said Act (the 
 
 title whereof is above recited) as requires the cost of the packages to 
 be included in the value of such dutiable articles, be and the same is 
 hereby repealed. 
 
 II. And whereas some additional provision is deemed necessary importers 
 for the more satisfactory examination and check of the Accounts of '""^i^' ?"- 
 
 -T-» 1. •T'lA 1 T T Ti • P'lcate Bills 
 
 the Revenue than is contained m the Act above adverted to ; He it of Entry. 
 enacted, that it shall be the duty of the Receiver General and the As- 
 sistant Receiver General to require every Importer of Goods, or his 
 known Agent, to produce at the time of entering such Goods two Bills 
 of Entry, which shall be alike in every respect and which shall express 
 the amount of duty payable upon the Goods therein mentioned ; one 
 68 
 
538 
 
 BERMUDA ACTS. 
 
 [1849. 
 
 To be pre- 
 served for 
 reference. 
 
 Revenue 
 Officers to 
 keep Im- 
 port Books. 
 
 of which Bills of Entry to be retained by the Eeeeiver General or the 
 Assistant Eeeeiver General, and the other of such Bills of Entry to be 
 furnished to the Kevenue Officer at the Port of Hamilton or St. 
 Georges or at Ireland Island (as the case may be) as his Permit for 
 landing such Goods : the Revenue Officer at Ireland Island returning 
 the Bills of Entry received by him, when done with, unto the respective 
 Kevenue Officers at the Ports of Hamilton and Saint Georges, (as the 
 case may be). And it shall be the duty of the Kevenue Officers at the 
 said Ports of Hamilton and St. Georges respectively, to preserve for 
 reference all Bills of Entry which shall come into their possession ; 
 and to keep a Book (to be supplied at the Public expense) similar in 
 form and size to the " Import Book" kept by the Keceiver General, in 
 which they shall regularly enter, under appropriate heads, the name 
 of the Ship in which the Goods have been imported, the name of the 
 Importer of such Goods, and the amount of duty paid thereon, as seve- 
 rally set forth in such Bills of Entry ; and the Books so kept by the 
 said Kevenue Officers respectively, shall, if called for, be laid before 
 the Governor, Council and Assembly or either of them, or before any 
 Committee of either Branch of the Legislature, as well during the re- 
 cess as the sitting thereof, whenever such Committee shall be engaged 
 in examining and checking the Accounts of the Public Kevenue kept 
 by the Keceiver General and Assistant Keceiver General of these 
 Islands. 
 
 Desks to be HI. And be it, &e., that the Keceiver General and the Assistant 
 
 the Revenue Keccivcr General shall be required to have put up in some convenient 
 
 Officers. place within their respective Offices, a Desk furnished with a Lock 
 
 and Key and other requisites for the accommodation of the Kevenue 
 
 Officers at the Ports of Hamilton and St. Georges respectively, the 
 
 cost of which to be defrayed at the Public expense. Provided 
 
 Proviso. always, that nothing in this Act contained shall be construed to 
 
 require the Offices of the Keceiver General or of the Assistant 
 
 Keceiver General to be kept open at other hours than those prescribed 
 
 by Law for the attendance of those Officers at their respective 
 
 Offices. 
 
 Tabular lY. And be it, &c., that it shall be the duty of the Keceiver 
 
 to^e^ept' General and the Assistant Keceiver General at the expiration of every 
 i4pOTts°Md Quarter, to enter in a Book to be kept for that purpose, a tabular 
 Exports. Statement of the principal articles of Imports and Exports, distinguish- 
 ing the kind, quantity, value and amount of duty of such principal 
 articles respectively, the same to be kept for Public reference. 
 
 Duration. V. And be it, &c., that this Act shall commence in operation on 
 
 the first day of October in the present year and continue in force until 
 and throughout the last day of December, One Thousand Eight 
 Hundred and Fifty-three, and no longer. 
 
 [Continued to end of 1861, by Act of 1860, No. 10.] 
 
1849.] BERMUDA ACTS. 539 
 
 1849. No. 16. 
 
 AN ACT Settling Sala/ries on the Clerh of the Council and the Clerk 
 of the House of Assembly. 
 
 [26 September, 1849.] 
 
 "WHEREAS the Compensation heretofore allowed to the Clerk of preamble, 
 the Legislative and Privy Council, and to the Clerk of the House of 
 Assembly out of the Public Treasury, has consisted only of fees and 
 perquisites : and it is deemed expedient for the Public Service to allow 
 to those Officers hereafter, instead of such fees and perquisites. Sala- 
 ries computed upon an average of their emoluments for the seven 
 years now last past : 
 
 I. "We, therefore, &c., and be it enacted, &c., that there be allowed f,*'^^n\he'" 
 out of the Public Treasury of these Islands to the Clerk of the Legis- cierkofthe 
 lative and Privy Council a Salary of One Hundred and Ten Pounds Jhe^cieA 
 per annum ; and to the Clerk of the House of Assembly a Salary of tije Aaeem- 
 One Hundred and Twenty-five Pounds per annum ; such Salaries to 
 be paid to them respectively, upon Warrants from the Governor, out 
 of any unappropriated monies in the Public Treasury, by four quar- 
 terly payments up to the last days of March, June, September and 
 December in every year during the continuance of this Act ; and pro- 
 portionally for any part of a quarter for which the service shall have 
 been performed. 
 
 n. And be it, &c., that the aforesaid Salary of the Clerk of the Tobein 
 Council shall be coniputed from the sixth day of March now last past leTspiyibie 
 (at which time the present Clerk of the Council was appointed to that ^J "■* ^"''" 
 office) — and that the aforesaid Salary of the Clerk of the House of 
 Assembly shall be computed from the sixth day of May last (up to 
 which period his account against the Public has been already paid). 
 And that the said Salaries shall be deemed and taken to be in full 
 discharge of all claims of these two officers respectively upon the 
 public, for any fees or emoluments whatever, due or payable to them 
 respectively out of the Public Treasury, for the periods of time to NouTais- 
 which such Salaries shall relate. Provided always, that such Salary g^e^^^f the 
 to the Clerk of the Council shall not be deemed to disqualify that court of 
 Officer from demanding and receiving any fees lawfully accruing to from?e-^ 
 him as Clerk or Eegistrar of the Court of Chancery, which may be pa^bfe'by 
 payable to him by private Individuals. mdmduais. 
 
 III. And be it, &c., that this Act shall be and continue in force 
 until and throughout the last day of December which will be in the 
 year of our Lord, One thousand eight hundred and fifty-two, and then 
 to determine and expire. 
 
 [Continued to end of ISST, by Act of 1852, No. 6, and to end of 1862, by Act of 1857, 
 No. 3.] 
 
 Duration. 
 
540 
 
 BERMUDA ACTS. 
 
 [1849-50. 
 
 1849. No. 17. 
 
 AN ACT to continue and amend the Act for the regulation of an 
 Hospital for Insane Pawpers. 
 
 [27 September, 1849,] 
 
 Preamble. 
 
 Act of 1846 
 continued to 
 end of 1859. 
 
 Proviso. 
 
 Governor 
 and Council 
 may con- 
 tinue to ex- 
 ercise cer- 
 tain pofreis 
 under Act 
 of 1831. 
 
 WHEEEAS the Act intituled " An Act for the regulation of an 
 Hospital for Insane Paupers " was passed by the Legislature of these 
 Islands in the year of our Lord, One thousand, eight hundred and 
 forty-six, for a limited period of time ; and it is expedient to continue 
 the same in force for a further time with the Proviso hereinafter men- 
 tioned : — 
 
 I. We, therefore, &e., and be it enacted, &c., that- the said Act 
 the title whereof is above recited be, and the same hereby is continued 
 in force until and throughout the last day of December, which will be 
 in the year of our Lord, One thousand, eight hundred and fifty-nine, 
 and then to determine and expire : with the following Proviso, how- 
 ever, that is to say — Provided — that it shall and may be lawful, and 
 it is hereby declared to be lawful for the Governor and Council to 
 continue to exercise the power in them vested in and by the First and 
 Second Sections of the Act entitled " An Act for the safe custody of 
 Insane Persons charged with offences," passed in the Year of our 
 Lord, one thousand eight hundred and forty-one, anything in the Act 
 hereby continued, to the contrary thereof, in anywise notwithstand- 
 ing. 
 
 [Contiimed to end of 1869, by Act of 1858, No. S.] 
 
 1850. No. 2. 
 
 AN ACT to continue a/nd amend the Acts for increasing the number 
 of Clergymen within these Islands. 
 
 [15 February, 1850.] 
 
 Preamble. WHEEEAS the Act intituled " An Act for increasing the number 
 
 of Clergymen within these Islands," was passed by the Legislature of 
 these Islands in the year of Our Lord One thousand eight hundred 
 and twenty, for a limited period of time : and the Act intituled " An 
 Act in addition to and alteration of the Act intituled ' An Act for in- 
 creasing the number of Clergymen within these Islands,' " was passed 
 by the Legislature of these Islands in the year of Our Lord One thou- 
 sand eight hundred and twenty-seven, to be in force during the con- 
 tinuance of the said Act passed in the year One thousand eight hun- 
 dred and twenty, and it is expedient to continue the said Acts in force 
 during the continuance of this present Act : — 
 
 Acts of 1820 I. We, therefore, &c., and be it enacted, &c., that the said Acts 
 toSId. respectively passed in the years One thousand eight hundred and 
 
1850.] BERMUDA ACTS. 541 
 
 twenty and one thousand eight hundred and twenty-seven, the titles 
 whereof are above recited be, and the same hereby are continued in 
 force for and during the continuance of this present Act. 
 
 II. And be it, &c., that no monies shall be paid out of the Public Paymente to 
 Treasury of these Islands, under the provisions of this Act, or of either wamnt! 
 of the Acts lifireby continued in operation, without a warrant for such 
 payment from the Governor. 
 
 III. And be it, &c., that this Act shall be and continue in force Duration, 
 for and during the term of Fifteen years from the passing thereof and 
 fl^rther until and throughout the thirty-first day of December then 
 
 next ensuing, and then to determine and expire. 
 
 1850. No. 4. 
 
 AS ACT to Repeal the Act for regulating Liquor Shorn and Taverns, 
 and to substitute other Regulations therefor. 
 
 [1 March, 1850.] 
 
 "WHEEEAS it has been found necessary to impose restrictions on preamble, 
 the Sale, by Ketail, of Spirituous Liquors and also of Wine, Malt 
 Liquor and Cider : and it is deemed expedient to repeal the Act of the 
 Legislature passed in the year One Thousand, Eight Hundred and 
 Eorty-Eight, intituled " An Act for regulating Liquor Shops and Tav- 
 erns," — and to substitute other enactments instead thereof: 
 
 I. "We, therefore, &c., and be it enacted, &c., that the said Act the ^ct of i848 
 title whereof is above recited be, and the same hereby is continued in ''^^^^f-^l^^ 
 force until the expiration of Six Days next after Easter Sunday in tain day. 
 this present year and then to determine and expire : except as to offen- Proviso as 
 ces committed before the expiration of the said six days, which shall o^l'n^Ji"'" 
 be dealt with and punished as if the said Act of One Thousand 
 Eight Hundred and Forty-Eight were continued in full force and ope- 
 ration. 
 
 II. And be it, &c., that any person who after the expiration of six penalty on 
 days after Easter Sunday now next ensuing, shall sell or in any way q„'J?°\y 
 dispose of, by way of Sale, Barter or Traffic, any quantity of Spiritu- ^^j^jj^^^*" 
 ous Liquor, or of any mixture thereof, less than twenty -five gallons 
 
 of any one kind, to be delivered at one and the same time, or any 
 quantity of "Wine, Malt Liquor or Cider, less than a bottle commonly 
 called a quart bottle, without a Licence obtained, as hereinafter di- 
 rected, shall forfeit and pay the sum of Ten Pounds for each offence, 
 together with costs of prosecution. Provided always, that any person p„vuo as 
 who has contracted, or may hereafter contract with the Eespective »" canteens. 
 Officers of Her Majesty's Ordnance, or other persons duly authorized 
 in that behalf, to keep a Canteen for any of the Troops in Garrison in 
 these Islands, shall not be deemed to incur any of the penalties of this 
 Act by issuing Spirituous Liquor, "Wine, Malt Liquor, or Cider, to 
 any Non-Commissioned Officer or Private Soldier at the House where 
 such Canteen shall be kept. 
 
542 
 
 BERMUDA ACTS. 
 
 [1850. 
 
 Licences 
 
 To whom 
 grantable. 
 
 Partly Re- 
 pealed by 
 1852, No. 15, 
 «3. 
 
 III. And be it, &c., that all Licences under this Act shall be 
 wi^aSSaiiy granted by the Justices of the Peace, resident in any Parish, or a 
 in week af- majority of them, assembled for that purpose, within the first week 
 
 after Easter Sunday in the year One Thousand Eight Hundred and 
 Fifty, and within the first week after Easter Sunday, in each succeed- 
 ing year during the continuance of this Act, and at no other period. 
 
 IV. And be it, &c., that it shall be lawful for the Justices of the 
 Peace resident in any Parish, or a majority of them to grant to any 
 person of good character (not being a Minor, a Woman under Cover- 
 ture, Constable, or other Officer for executing the legal process of a 
 Court of Justice), and possessed of and assessed for Property at the 
 last Parish Assessment in such Parish or some other Parishtin these 
 Islands, at or not less than Sixty Pounds, a Licence for the Sale of 
 Spirituous Liquor, Wine, Malt Liquor and Cider, by Retail, according 
 to the Form in Schedule A. hereunto annexed ; upon every such per- 
 son paying to the Church Wardens of the Parish where the House or 
 
 Licence Prcmises so to be Licenced shall be situated, the Sum of Ten Pounds, 
 ""d^m'r^' ^'^'^ producing a Certificate from the Church Wardens, that the said 
 sum has been paid, and paying to tlie Justices Twenty Shillings for 
 their Fee, and also upon every such person entering into a Recogni- 
 zance with two substantial Freeholders as Sureties (not being' Church 
 Wardens, Constables, or Persons Licenced to sell Spirituous Liquors 
 by Retail) in the sum of Fifty Pounds each, with a Condition accord- 
 proTiso i'^g t° ^^^ Form in Schedule B. hereunto annexed. Provided always, 
 that in case one of the Church Wardens of any Parish be himself the 
 holder of a Licence, then that the payment and Certificate by this Act 
 required be made to and given by the other of such Church Wardens; 
 but in case both Church Wardens be such holders then such payment 
 and Certificate be made to and given .by one or two of the Vestrymen 
 of such Parish, not Licenced, ta be appointed by a Justice of the 
 Peace in such Parish, for that purpose. 
 
 V. And be it, &c., that the Justices of the Peace resident in the 
 several Parishes and Townships of these Islands, or a majority of them 
 be, and they are hereby required to give or cause to be given due 
 notice to the Parishioners of their respective Parishes (six days at the 
 least) of the day or days on which, and the place where they will be 
 ready to grant Licences by virtue of this Act ; at which time and 
 place the Church Wardens are hereby required to attend to receive 
 the amount to be paid for obtaining a Licence and to grant the neces- 
 sary Certificate. 
 
 VI. And be it, &c., that the Church Wardens of the several Par- 
 ishes in these Islands, be, and they are hereby authorized and required 
 to receive the Sum payable as aforesaid for Licences from each person 
 applying for a Licence as aforesaid, and to grant to such applicant a 
 Certificate of the said money being so paid, and to hold the said money 
 for Parochial purposes subject to the order of the Vestry or Assessors 
 of their Parish, the said Church Wardens taking for themselves out of 
 the money so received by them, two and a half per centum for their 
 services therein. 
 
 Vn. And be it, &c., that the Justices of the Peace in the several 
 Parishes throughout these Islands, who shall grant any Licence under 
 
 Justices lo 
 give notice 
 of granting 
 Licences. 
 
 Licence 
 money how 
 received 
 and held. 
 
1850.] BERMUDA ACTS. 543 
 
 tbis Act, shall respectively make returns to the Eeceiver General and 2erl'° 
 to the Yestries of their Parishes, within Ten Days after the issuing of ^^rtbuia™ 
 such Licences of th^ names of the Persons obtaining such Licences, of Licences. 
 the description of every Licence so obtained, and the names_ of the 
 Parishes in which such Licenced Houses or Premises shall be situated. 
 
 YIII. And be it, &c., that if any Person Licenced as aforesaid P|^^«^f^°° 
 shall keep open his Eetail Liquor Shop, between Sunset and Sunrise ; LioTncIa" 
 or, shall sell, deliver, or allow to be delivered any Spirituous Liquor, p^"'"""^- 
 "Wine, Malt Liquor, or Cider, or any mixture of either of them, to any 
 Person between Sunset and Sunrise; or shall sell, deliver, or allow to 
 be delivered any Spirituous Liquor, Wine, Malt Liquor, or Cider ,_ or 
 any mixture of either of them, to any person on the Lord's Day, Christ- 
 mas Day, or Good Friday ; or shall sell, deliver, or allow to be deliv- 
 ered any Spirituous Liquor, Wine, Malt Liquor, or Cider, orany mix- 
 ture of either of them, to any person in a state of intoxication, or to 
 any person under the age of Sixteen Years ; or shall suffer any rioting, 
 gambling, or disorderly conduct in or about the Licenced Premises ; 
 or shall suffer any dancing, fiddling, or other music in or about the 
 Licenced Premises, (except dancing and music merely of a domestic 
 nature) or shall, at any time fail to preserve decenej'^, moderation and so- 
 briety, in and about the Licenced Premises: every such person so offend- 
 ing shall forfeit and pay for every such offence a sum of not less than 
 Two Pounds and not exceeding Six Pounds, to be sued for and recov- 
 ered together with costs of prosecution as hereinafter provided : and 
 if any person Licenced as aforesaid, shall be guilty of any such offence 
 and being convicted thereof as aforesaid, shall afterwards fee guilty ot 
 any of the said offences, and shall be convicted thereof as aforesaid, 
 every such offender in addition to any such penalty as aforesaid, shall 
 forfeit his Licence — and such Licence shall cease and be void from the Forfeiture of 
 time of such second or subsequent conviction : and shall be delivered licence. 
 up to the Justices accordingly — and such Justices shall cause notice to 
 be published in the Newspapers at the Public expense of the forfeiture 
 of such Licence. 
 
 IX. Provided always, and be it, &c., that any Person Licenced Proviso as 
 as aforesaid and keeping a Tavern or Ordinary for the reception of Taver™"'^ 
 Travellers and other Guests in the Town of Saint George, or the Town ^^eepers. 
 of Hamilton, certified as hereinafter mentioned, shall not be deemed 
 to have incurred any of the aforesaid penalties by reason of keeping 
 open such Tavern between Sunset and Sunrise, or by reason of selling 
 or delivering any moderate quantities of Spirituous Liquor, Wine, 
 Malt Liquor or Cider or any mixture of either of them at such Tavern 
 between Sunset and Sunrise, or on the Lord's Day, Christmas Day or 
 Good Friday, to any Traveller or other Guest obtaining necessary re- 
 freshment there other than liquor. Provided also, that no person proviso as 
 shall be deemed to keep a Licenced Tavern as aforesaid, unless such cg^l^^'^Jj", 
 Person at the time of applying for such Licence shall satisfy the Jus- 
 tices that the House which such Licence is applied for is suitable for 
 the accommodation of decent and respectable Travellers and other 
 Guests, nor unless such Licence at the time of granting the same shall 
 be subscribed by the Justices granting the same with a Certificate Number of 
 to that effect — and not more than three such Tavern Licences shall ^ "ncia, 
 
544 BERMUDA ACTS. [1850. 
 
 be granted in Saint George's Parish, nor more than three in Pembroke 
 Parish. 
 
 Justices may X. And be it, &e., that it shall be lawful for any Justice of the 
 inclS"^^' Peace when any riot or tumult shall occur, or be expected to occur, to 
 tumult. order or direct any person Licenced under this Act to sell Spirituous 
 Liquors, and keeping a House or Shop for that purpose in or near the 
 place where such riot or tumult shall occur, or be expected to occur, 
 to close such House or Shop at any time the Justice shall order or 
 direct, and every such person who shall keep open such House or Shop 
 at or after any time or hour when such Justice shall have ordered or 
 directed the same to be closed, shall be taken and deemed to have 
 suffered disorder about his premises. 
 
 Licence XL And be it, &c., that in every case in which the Parishioners 
 
 rp°p°ropri™ of any Parish in these Islands, may heretofore in pursuance of any 
 proTCi°Dt former Act have determined on the enlargement, alteration or 
 of ciiurciics. improvement of their Parish Church, or the erection of a New 
 Church, or after the passing of this Act, at a meeting duly convened 
 after Public Notice for that purpose, shall have determined by vote, 
 by a majority consisting of at least two-thirds of the Parishioners 
 then present who may be entitled to vote on the enlargement, alter- 
 ation, or improvement of their Parish Church, or upon the erection 
 of a New Church, and such vote shall be entered on the Parish 
 Kecords, then the Vestry or Assessors of such Parish shall be and 
 they are hereby authorised and empowered to order and direct the 
 applicatiotf of any money received by the Church Wardens or Vestry- 
 men of such Parish by virtue of this or any former Act relating to 
 Liquor Shops to the purpose of defraying the cost of such enlargement, 
 alteration, or improvement of their Parish Church, or in aid of the 
 erection of a New Parish Church. 
 
 • i 
 
 No suit Xn. And be it, &c.. That no person or persons whatsoever shall be 
 
 'mtlTplky entitled unto, or maintain any action, cause or snit, for, or recover 
 debt for either in Law or Equity, any sum or sums of money, debt or demand 
 whatsoever, for or on account of any Spirituous Liquor, either distilled 
 or fermented, sold after the passing of this Act, unless such debt shall 
 have been actually and ionajide contracted at one time to the amount 
 of Four Shillings or upwards : nor shall any particular article or item 
 in any Account, or demand for distilled or fermented Spirituous Liquor 
 be allowed or maintained, where the Liquor delivered at one time and 
 mentioned in such article or item, shall not amount to the full value 
 of Four Shillings at the least, and that without fraud or covin, and 
 where no part of the liquor so sold or delivered, shall have been 
 returned or agreed to be returned directly or indirectly. 
 
 Justices, Xni. And be it, &c.. That it shall be lawful for any Justice of 
 
 chSwa'r- the Peace, Vestryman, Church "Warden, or Constable to enter a,ny 
 dens or House or Place Licenced under this Act for the sale of Spirituous 
 
 Constables i-r>j.M . i i tti-i it 
 
 may enter Liquors Dy lictail, at any time whenever there shall be a reasonable 
 
 Houses on causc for suspcctiug any violation of any provision of this Act at such 
 
 offence!" °^ Liccnccd Housc or Place ; and if any person at any such House or 
 
 Place on demand of entrance by any Justice, Vestryman, Church 
 
 Warden, or Constable shall oppose or obstruct such entrance, or delay 
 
1850.] BERMUDA. ACTS. 545 
 
 to admit such Justice, Vestryman, Church Warden, or Constable into 
 the Licenced House or Premises, such Person shall incur a penalty of 
 Six Pounds for the first ofi'ence, and for the second offence shall incur 
 a similar penalty of Six Poundsand forfeit his Licence. 
 
 XIV. And be it, &c., That it shall be the duty of the Church ^h";^^^. 
 Wardens, not Licenced to sell Spirituous Liquors under this Act, and and consta- 
 Constables in their respective Parishes, to prevent, as far as possible, fo?ce th™ 
 any infringement of this Act, and to inform against any person they ■*°'- 
 may kno^wf to have violated the same in their respective Parishes. 
 
 XV. And be it, &c.. That all Fines, Forfeitures and Penalties penalties 
 imposed by this Act not exceeding Ten Pounds, be sued for, recovered enfbrceji. 
 and enforced by one or more Justices of the Peace, under the pro- 
 visions of the Act intituled " An Act to facilitate Summary Proceed- 
 ings before Justices of the Peace," or otherwise, and that all Fines, 
 Forfeitures and Penalties exceeding Ten Pounds shall be recoverable 
 
 in the Court of General Assize, by bill, plaint, or information, wherein 
 no essoin, protection or wager of law shall be allowed ; and that in 
 case a Licenced person shall incur one or more penalties, which his 
 Property shall be insufficient to satisfy, the same may be recovered 
 from his Sureties, or either of them, to the extent of the Eecognizance ; ^jnes to go 
 and that all Fines and Penalties recovered under this Act, shall be to *° informer. 
 the Informer, and that any Informer may be admitted as a Witness informers 
 notwithstanding that such Informer may be interested in the Penalty "une^ses. 
 in the event of the Offender being convicted. 
 
 XVI. And be it, &c.. That this Act shall be and continue in force Duration of 
 until the expiration of Six Days next after Easter Sunday, in the year ^^^''^■ 
 One Thousand, Eight Hundred and Fifty-Three, and then to deter- 
 mine and expire. 
 
 XVII. And be it, &c., that this Act may be amended or repealed May be 
 by any Act to be passed in this present Session of the Legislature. S^smb^oh. 
 
 SCHEDULE A. 
 
 PARISH, 
 BEEMUDA. 
 
 } 
 
 By the Worshipful 
 
 of Her Majesty's Justices of the Peace. 
 
 These are to Licence you, A. B., to utter and sell Spirituous 
 Liquors in the House in the Parish (or Town) 
 
 of in the Islands of Bermuda, from the day of 
 
 the date hereof until the expiration of Six days next after Easter Sun- 
 day thence next ensuing and no longer ; and you are at all times to 
 preserve decency, moderation and sobriety ; and in all respects to con- 
 form to the prescriptions of the Act intituled " An Act to repeal the 
 Act for regulating Liquor Shops and Taverns and to substitute other 
 Eegulations therefor." 
 
 Dated this day of 185 
 
 69 
 
546 BERMUDA ACTS. [1850. 
 
 SCHEDULE B. 
 
 The Condition of the above Recognizance is sucli that if 
 the above bounden A. B., during the time of his continuing to retail 
 Spirituous Liquors within the Parish (or Town) of ; pursuant 
 
 to a Licence granted to him, to be in force from the _ day of 
 
 in this present year until the expiration of Six days next 
 after Easter Sunday, now next ensuing, — shall at all times preserve 
 decency, moderation and sobriety, and in all other respects conform to 
 the prescriptions of the Act intituled " An Act to repeal the Act for 
 regulating Liquor Shops and Taverns, and to substitute other regula- 
 tions therefor," then this Eecognizance to be void, otherwise to remain 
 in full force and virtue. 
 
 [Continued and amended by Act of 1862, No. 15 ; and continned to end of Easter week, 
 1862, by Act of IBS'?, No. 2.] 
 
 1850. No. 5. 
 
 AN ACT Granting an Annual Sum in aid of the support of the 
 Wesleya/n Ministers in these Islands. 
 
 [7 March, 1850.] 
 
 Preamble. "WHEKEAS a Considerable number of the Inhabitants of these 
 
 Islands are in connexion with the Wesleyan Methodist Society in 
 England ; and a Petition has been presented to the Legislature pray- 
 ing for aid in the support of their Ministers in these Islands, and it is 
 deemed expedient to grant some aid accordingly : — 
 
 Annual sum L We, therefore, &c., and be it enacted, &c., that there be paid 
 
 of £1M to 
 be paid to 
 
 _^ to the Superintendent Minister for the time being of the said Wesleyan 
 
 the^'esiey- Mcthodist Socicty, resident in these Islands, or, if there be only one 
 dStukiister Minister of the said Society resident in these Islands, then to such one 
 Treas'tt^! Minister, in aid of the support of the Ministers or Minister of the said 
 Society, for the time being, resident in these Islands, and appointed 
 by the Conference of the Wesleyan Methodist Society in England, to 
 labor in these Islands, the Annual Sum of One Hundred and Twenty 
 Pounds of lawful money of these Islands, out of any unappropriated 
 monies in the Public Treasury of these Islands, to be paid in Four 
 equal Quarterly Payments up to the First Days of January, April, 
 July and October, in every Year during the continuance of this Act, 
 upon producing to the Receiver General for the time being, a Certifi- 
 cate of one or more Ministers of the said Society having resided within 
 these Islands, and having been engaged in the performance of the 
 duties of a Missionary of the said Society within these Isl9,nds (under 
 the appointment of the said Conference) for the period of time em- 
 braced in such Certificate to be signed by the Circuit Stewards of the 
 said Wesleyan Methodist Society, who shall be in these Islands at 
 the date thereof, and that an entry in the Book or Books usually kept 
 
1850.] BERMUDA ACTS. 547 
 
 by the said Society for the purpose of recording the proceedings of 
 the said "Wesleyan Methodist Society in these Islands, shall be suffi- 
 cient evidence to the Eeceiver General to ascertain who are the 
 Circuit Stewards of the said Society in these Islands for the time 
 being. 
 
 No pay- 
 
 II. And be it, &c., that no Monies shall be paid out of the Public ™^5^'°iJ|f. 
 Treasury of these Islands, under the provisions of this Act, without a out Govem- 
 Warrant for such payment from the Governor. rant. 
 
 III. And be it, &c., that this Act shall be and continue in force Duration, 
 for and during the term of Five Years from the passing thereof and 
 further until and throughout the thirty-First day of December then 
 
 next ensuing — and then to determine and expire. 
 
 [Continued to end of 1865, by Act of 1859, No. 19.] ' 
 
 1860. No. 8. 
 
 AlN act to Authorize the Erection of a Causeway hetween the Island 
 of Saint George and the Main Island of the Islands of Ber- 
 muda. 
 
 [9 July, 1850.] 
 
 "WHEEEAS the Passage commonly called the " Ferry Passage " 
 between the Island of Saint George and Coney Island, which last 
 mentioned Island is connected by means of Bridges with the Main 
 Island of the Bermuda Islands, is unsafe, inconvenient and sometimes 
 cannot be crossed, and oftentimes Travellers and others are greatly 
 hindered and delayed at the said Ferry for want of speedy transport- 
 ation over the same ; and it having been deemed desirable for the 
 accommodation of the Public that a more safe, convenient, certain 
 and expeditious mode of communication between the said Main Island 
 and the said Island of Saint George should be substituted therefor, a 
 Causeway with connecting Bridges between the said Island of Saint 
 George and the said Main Island has been projected or proposed as a 
 remedy for the same, and Maps or Plans or Designs of such Work 
 and an Estimate of the probable Expense of the said Work, amount- 
 ing to Two Thousand Four Hundred and Sixteen Pounds, Seventeen 
 Shillings and Five-pence, having been made under the sanction and 
 by the direction of the Legislature of these Islands, — His Excellency 
 The Governor and Commander-in-Chief of these Islands did lately 
 transmit to the Council and Assembly of the said Islands of Bermuda, 
 Copies of the said Maps or Plans or Designs and Estimate, together 
 with a Copy of a Despatch from the Secretary of State for the Colo- 
 nies, conveying the approval of Her Majesty's Government of the 
 same Work and its consent for the employment of Transported Con- 
 victs thereon, at the rate of Six-pence a Day for every such Convict 
 so employed. — And whereas it is deemed advisable and expedient that 
 the said Work should be undertaken, commenced and completed with 
 all practicable dispatch, and for the accomplishment thereof, it will 
 
 Preamble. 
 
548 
 
 BERMUDA ACTS, 
 
 [1850. 
 
 be necessary to purchase sncli Lands on the said Island of Saint 
 George, on Long-Bird Island and on the said Main Island as will be 
 required for making Eoads for facilitating the approaches to and pas- 
 sage over the said Causeway and Bridges, and in order that such 
 Causeway and Bridges may be built and erected and the expense 
 thereof defrayed, and it being considered advisable to put the same 
 Work under the entire control, management and direction of the 
 Governor and Commander-in-Chief of these Islands : 
 
 I. We, therefore, &c., and be it enacted, &c., that it shall be 
 lawful for the Governor and Commander-in-Chief of these Islands, 
 and he is hereby fully empowered and authorized to build or erect or 
 cause to be built or erected between the said Island of Saint George 
 and the said Main Island of the said Bermuda Islands, a Causeway 
 with connecting Bridges in the direction, according to the Line and 
 Course and according to the Lines of the Roads — (except the Line 
 laid down in the said Map of the Eoad in Hamilton Parish, which 
 Line shall be altered and shall be made in a more Northern direction 
 and lead through the most level Ground between the Western extrem- 
 ity of the Causeway and the Cross Road commonly called the Cripple- 
 Gate Road, and terminatingin its junction with the said Cross Road 
 and near to the New Stone Building of Mr. Stephen Wilkinson which 
 is West of the said Cross Road)^ — in the manner and of the dimensions 
 in the said Copies of Maps or Plans or Designs or Estimate thereof 
 described, laid down, mentioned and specified. 
 
 A space of II. And to the intent that the navigation of the Reach may not 
 
 ibe°ie"at *° be prcjudiccd or obstructed — ^be it further enacted, &c., that there 
 the Reach. gi^^H be left betwccu the Northern extremity of that part of the 
 Causeway which is or shall be built or erected on the said Reach and 
 in connection with Long-Bird Island, and the intended Pier in con- 
 nection with the Shore of Saint George's, a space or distance of One 
 Hundred Yards. 
 
 The Govern- 
 or to cause 
 to be erect- 
 ed a Cause- 
 way in the 
 line, manner 
 & dimen- 
 sions speci- 
 fied in cer- 
 tain Plans ; 
 except as to 
 one line of 
 Koad. 
 
 Oompensa- 
 tion to the 
 Proprietor 
 of Lands 
 on Long- 
 Bird Island. 
 
 HI. And whereas it being expedient to make provision for the 
 compensation of the Proprietors of the Lands upon Long-Bird Island 
 required to be taken up for the purposes of this Act : — and James 
 Musson, Esquire, the present Proprietor of the Western division of 
 that Island has expressed his willingness to transfer to the Public any 
 portion of his said Lands at the rate of Ten Pounds per Acre : — Be it 
 enacted, that it shall be lawful for His Excellency The Governor to 
 cause to be marked out by metes and bounds such Lands on the said 
 Western division of Long-Bird Island as shall appear to His Excel- 
 lency proper to be taken up for the Public Service in connexion with 
 the Causeway contemplated by this Act — and to cause such lands to 
 be Surveyed and Mapped, at the Public expense, by the Surveyor- 
 General of Lands — and a Copy of the Map thereof to be deposited in 
 the Secretary's Office — and thereupon the Receiver General shall be 
 authorized to pay, out of any unappropriated Monies in the Public 
 Treasury, under the Governor's Warrant — to the said James Musson, 
 his Heirs or Assigns, such a Sum of Money as the said Land, so taken 
 up, shall Amount to, at the rate of Ten Pounds per .A.cre : — and the 
 Receiver General shall take a Receipt for the said Money so paid by 
 him, in Duplicate— and cause one of such Duplicate Receipts to be 
 
1850.] BERMUDA ACTS. 549 
 
 Filed in the Secretary's Office and to be Eegistered in the said Office, 
 among_ the Eecords of the Grants of Crown Lands, and thereupon Lands to be 
 the said Lands so taken np and paid for, shall be vested in Her thicrown. 
 Majesty, Her Heirs, and Successors, to and for the uses and purposes 
 contemplated by this Act, and to and for no other use or purpose 
 whatsoever. 
 
 lY. And be it, &c., that it shall be lawful for such Lands as Lands for 
 shall be deemed necessary and proper by His Excellency the Governor be uLn 
 to be taken up in Hamilton Parish and on Saint George's Island — for aSii™awL 
 the purposes of making Koads to communicate with the Causeway under aiiec- 
 contemplated to be constructed under the provisions of this Act — to commis- 
 be surveyed, taken up, valued, and paid for under direction of the ='°°'=™- 
 Commissioners of the Eoads for the Eastern District — ^ia like mariner 
 as other Lands in that District may, by Law, be surveyed, taken up, 
 valued, and paid for. 
 
 Y. And to the end that the same Copies of the same Plots, Plans copies ot 
 or Designs in this Act hereinbefore mentioned might be had recourse &c.ftoTe' 
 to by the Public — ^be it further enacted, that the same or authenticated ?f|°^"|f^. 
 Copies thereof shall be deposited in the Secretary's Office of these i-y's office. 
 Islands. 
 
 YI. And be it, &c.,that the expense of such Work so authorized Expense of 
 to be undertaken, commenced and completed shall not exceed the Sum f^t Yo°ex- 
 of Two Thousand, Five Hundred Pounds in the whole, to be paid <=««'i ^^soo ; 
 from time to time — not exceeding Nine Hundred Pounds in any one than £9oo to 
 Year to be computed from the passing of this Act — and it shall be any one" 
 lawful for the Eeceiver General to pay for the purposes of this Act, J"'^''- 
 out of any unappropriated Monies in the Public Treasury, the same 
 to such Person or Persons as shall be authorized to receive the same 
 by Warrant from the Governor and Commander-in-Chief of these 
 Islands. 
 
 _.^-_ » 1 1 . D • Work to be 
 
 VH. And be it, &c., that in case at any time after the commence- uedTthe 
 ment of the Work contemplated by this Act, the Transported Convicts Transportid 
 employed thereon should be withdrawn or reduced to a number in- w°th™awn! 
 sufficient to carry on the Work — or, in case the rate of Pay required toan^tosuffi- 
 /rom the Colony should exceed Six-pence per Day for each of such «i™tnum- 
 Convicts ; then, and in either of such cases, the Work carried on under coion°iIi'pay 
 this Act shall immediately cease and be discontinued. ceed'ed!"' 
 
 a-day. 
 
 Accounts of 
 
 YIII. And be it, &c., that during the operations contemplated by 
 this Act, withm ihirty Days after the commencement of every Ses- expenditure 
 sion of the Legislature there shall be laid before the House of Assem- o" tfewm* 
 bly, an Account of all Monies paid out of the Public Treasury for the Utorl''''^ 
 purposes of this Act, and of the application and expenditure thereof. Assembly. 
 in detail and shewing the particulars thereof ; or shewing the partic- 
 ulars of such Payments and Expenditures since the period of any such 
 former Accounts so laid before the House of Assembly — and there 
 shall also be laid before the House of Assembly a Plan shewing par- 
 ticularly the progress made in the Work up to that period. 
 
550 BERMUDA ACTS. [1850. 
 
 1850. No. 9. 
 
 AN ACT to allot certain Apartments in the Pvblie BvAldimg at 
 Hamilton heretofore used for the Custom Mouse, to the pu/rposes 
 of the Public Library and Museum. 
 
 [29 July, 1850.] 
 
 Preamble. WHEEEAS Under the provisions of an Act of the Legislature 
 
 passed on the Mnth Day of July, in the Year of our Lord One Thou- 
 sand Eight Hundred and Thirty-one, for erecting a Building in the 
 Town of Hamilton for certain Public purposes, and^ subsequent Acts 
 in addition to and amendment thereof, a Building has been erected in 
 the said Town, and certain Apartments therein, (that is to say) Two 
 E,ooms at the Western end on the Ground Floor thereof, have been 
 allotted for the purposes of the Custom House, as may more particu- 
 larly appear by the Plan of the said Building and of the allotment of 
 the Apartments therein, filed in the Secretary's Office under the pro- 
 visions of the said Act : — and the said Act prohibits the application of 
 any Apartment in the said Building to any other purpose than what 
 it should be allotted for in such Plan, unless with the express sanction 
 of the Legislature first had and obtained : — and whereas since the 
 passing of the said Act in the Tear One Thousand Eight Hundred 
 and Thirty-one, in consequence of the Kfepeal of certain Acts of the 
 Imperial Parliament relating to the Trade of the British Possessions 
 abroad and the Laws of Navigation, the Establishment of the Officers 
 of Your Majesty's Customs in these Islands has been considerably re- 
 duced : — and by certain Acts of the Legislature of these Islands passed 
 respectively in the Years One Thousand Eight Hundred and Thirty- 
 nine and One Thousand Eight Hundred and Forty-three, a Public 
 Library and Public Museum have been established in these Islands : — 
 and it is deemed expedient to provide other accommodation for the 
 purposes of the Custom House, and to apply the Apartments in the 
 said Public Building at present allotted for the Custom House to the 
 purposes of the said Library and Museum : 
 
 Governor to I. We, therefore, &c., and be it enacted, &c., that it shall and 
 ^Is'to hL- ™^y ^s lawful for His Excellency The Governor to Pent any Koom 
 dai'bMine^s °^ Apartments in the Town of Hamilton, for the transaction of the 
 o'Ahe cus-. Official Business of the Officers of Her Majesty's Customs and Navi- 
 toHM offl- gation Laws, which the Governor may consider suitable and sufficient 
 for that purpose, at an Annual Pent not exceeding Thirty Pounds a 
 Year : and to cause such Pent, to be paid under the Governor's War- 
 rant, in Quarterly Payments, from time to time as the same shall 
 accrue, out of the Public Treasury of these Islands : — and the Ee- 
 ceiver General is hereby authorised and required to pay the same 
 accordingly. 
 
 SSciftoL ■'""'■■ ■^^'^ ^® ^*' *^^"' *^^* ^® ^°*^'^ ^® ^^^ Premises so Eented by the 
 to'yarate™ Govcmor shall be deemed by him to be fit and ready for the reception 
 Apirtm?nts' of the Officers of the Customs and Navigation Laws, and the same 
 -which are giiall be notified to them, it shall be lawful for those Officers to vacate 
 
1850.] BERMUDAACTS. 551 
 
 and quit the Apartments in the said Public Building now used by tobeappro- 
 them ; and to use and occupy the said Rented Premises for the pur- th^Library 
 poses of their Official duty : and upon the said Apartments in the andMusemn. 
 Public Building being so vacated they shall be deemed to be appro- 
 priated and allotted for the purposes of the said Library and Museum 
 — and shall and may be used accordingly. 
 
 III. And be it, &c., that it shall be lawful for the Governor to Desks and 
 cause to be removed from the Apartments in the said Public Building be^'emoved 
 heretofore used for the Custom House, to any Apartment which may '^"^'J^^^l"'- 
 be provided under this Act for the Official accommodation of the Offi- ments. 
 cers of Customs and Navigation Laws, and put up there for their use, 
 any of the Desks, Tables, Fixtures, and conveniences heretofore put 
 up at the expense of the Colony in those Apartments in the Public 
 Building : — and that any expense attending such removal and putting 
 up of the same, shall be provided for like other contingent charges of 
 Government. 
 
 1850. No. 10. 
 
 AlSr ACT to Consolidate and Amend the Laws relative to Civil 
 Suits iefore Justices of the Peace. 
 
 [7 August, 1850.] 
 
 WHEEEAS it is expedient that several of the Laws or Enactments preamble, 
 now in force in these Islands, relative to Civil Suits before Justices of 
 the Peace should be repealed ; and their provisions amended and con- 
 solidated into one Act : — 
 
 I. We, therefore, <^c., and be it enacted, &c., that the several Acts Acts of 
 and parts of Acts, of the Legislature of these Islands, hereinafter men- i^gj; 
 tioned : (that is to say)— The Act passed in the Year One Thousand ^™. 
 Seven Hundred and Seven, intituled " An Act impowering the Justi- i^i^Iss 
 ces of the Peace to hear and determine any Debt or difference not ex- i88i;§3i,32, 
 ceeding the Sum of Forty Shillings :" The Act passed in the Year ^^^^ J'f;^, 
 One Thousand Seven Hundred and Sixty-one, intituled " An Act to ^^^H^'^^ ' 
 direct and empower the Courts of Common Law in these Islands, and 
 also any Justice or Justices who are by Law empowered to determine 
 Debts not exceeding Forty Shillings, in all Actions where mutual 
 Dealings and Credits are between the Plaintiff and Defendant, to set 
 off and discount each Party's Demand against the other, And to give 
 Judgment for the Balance only :" — The Act passed on the Sixth Day 
 of May, in the Year One Thousand Seven Hundred and Eighty, inti- 
 tuled "An Act to authorize and empower the Justice or Justices of the 
 Peace in these Islands to hear and determine Suits, Trespasses and 
 Differences, subsisting between the Inhabitants of distant Parishes, in 
 certain cases ; and also to remove some difficulties in the collection of 
 the Tax by Law imposed on Timber Trees ; and also the Salary of His 
 Excellency the Governor :" — The Act passed in the Year One Thou- 
 sand Seven Hundred and Eighty-four, for an addition to the said Act 
 passed in the Year One Thousand Seven Hundred and Eighty :— The 
 
552 BEEMUDAACTS. [1850. 
 
 Fifth Section of the Act passed on the Twenty-second Day of Decem- 
 ber, in the Year One Thousand Eight Hundred and Fourteen, for 
 Repealing certain Acts therein mentioned, and for the Regulation of 
 the Courts of Judicature : — so much of the Act passed in the Year One 
 Thousand Eight Hundred and Twenty-seven, intituled " An Act pro- 
 viding an allowance for the maintenance of Persons Imprisoned for 
 Debt " — as relates to Prisoners committed under any "Warrant of Exe- 
 cution from any Justice or Justices of the Peace, for any Debt or 
 Damages : — The Thirty-iirst, Thirty-second, and Thirty-third Sections 
 of the Act passed in the Year One Thousand Eight Hundred and 
 Thirty-one, intituled "An Act to simplify and amend the mode of pro- 
 ceeding in the Court of General Assize :" — ^The First and Second Sec- 
 tions of the Act passed in the Year One Thousand Eight Hundred and 
 Thirty-two, intituled " An Act for supplying some defects in the Laws, 
 relative to Suits before Justices of the Peace and Parish Rates :" — • 
 and the Second Section of the Act passed in the Year One Thousand 
 Eight Hunc^red and Thirty-nine, to continue and amend the above 
 mentioned Act passed in the Year One Thousand Eight Hundred and 
 Thirty-one — and to continue and amend one other Act passed in the 
 Year One Thousand Eight Hundred and Thirty-four : — shall (so far as 
 the same now are in force) continue and be in force until and through- 
 out the last day of September, in this present Year of Our Lord, 
 One Thousand Eight Hundred and Fifty, and from and after that 
 Day, shall be and the same hereby are Repealed — except as to Suits 
 before Justices of the Peace commenced before that Day, which may 
 be proceeded with in like manner as if this present Act had not been 
 passed. 
 
 Trespasses H. And be it, &c., that all manner of Trespasses and other 
 
 tog IS!"nd matters not exceeding the amount of Forty Shillings of the former cur- 
 Debts not rent Money of these Islands, or Twenty-four Shillings of the present 
 £10 detenn- lawful Moucy of thcsc Islands — and all manner of Debts not exceeding 
 raaSy bT ^^^ valuc of Ten Pounds of the present lawful Money of these Islands 
 thfpeMe' . ■ — ®^^^^ *^^ ™^y ^^ heard, adjudged and determined by any Justice 
 of the Peace resident in the Parish where the Defendant shall dwell 
 or reside or shall carry on his Business, such Justice taking to his 
 assistance one or more other Justice or Justices of the Peace : except 
 in such matters of Debt as may not be disputed, or shall be confessed, 
 or shall go by default — ^in which cases, one Justice shall be sufficient : 
 and that all Trespasses and other matters not exceeding Twelve Shil- 
 lings of like lawful Money — and all Debts not exceeding Three Pounds 
 of like lawful Money shall be heard, adjudged and determined by a 
 Justice of the Peace resident in the Parish where the Defendant shall 
 dwell or reside, or shall carry on his Business, which said Justice or 
 Justices is and are hereby empowered to grant a "Warrant to summon 
 the person complained of, thereby requiring him to make satisfaction 
 or answer the complaint : and in case of the non-appearance of the 
 Defendant after timely personal warning by a Constable, or notice left 
 at his Dwelling House or usual place of Business, of which Affidavit 
 shall be made by such Constable, and the matter being sufficiently 
 proved by one or more "Witnesses, or for want of such, (in matters of 
 Debt) by the Oath of the Plaintiff; that then and in such case Judg- 
 ment shall be awarded against such Defendant by the said Justice or 
 
1850.] BERMUDA ACTS. 553 
 
 Justices : and after Judgment given in any of the said cases, and 
 satisfaction not being made accordingly, within Ten Days next ensu- (immediate 
 ing, the Justice or Justices may and shall grant a Warrant of Distress intlrMS 
 directed to the Constable to Levy the said Debt, Damages and Charges wsl'koT 
 upon the Defendant's Goods and Chattels, who by virtue thereof shall i"-) ' 
 expose the same to Public Sale within eight days, returning the over- 
 plus (if any) to the Defendant ; and for want of such Distress to take 
 the Defendant's Body into Custody and to convey the same to one of 
 Her Majesty's Gaols in these Islands : and the Provost Marshal Gene- 
 ral is hereby empowered from time to time, on a Certificate of want 
 of Distress appearing on the back of the Warrant, to receive such 
 person accordingly, there to remain till he satisfy the said Debt, Dam- 
 ages and Charges — or be discharged by due course of Law. 
 
 in. And be it, &c., that in case Judgment shall be given against Defendant 
 the Plaintiff in any such Suit, the Defendant shall be entitled to costs"""^" 
 recover his legal costs of Defence, and to have the like process of 
 Execution for them, as any Plaintiff might have for his Debt and 
 Costs. 
 
 IV. And be it, &<;. [See 1852, No. 12.] 
 
 V. Provided always, and be it enacted, that nothing herein con- Justices of 
 tained shall be construed to give to the Justice or Justices of the Mttiftake 
 Peace cognizance of any Action in which the Title to any Corporeal ot^^i^^ 
 or Incorporeal Hereditaments shall be in question, or in which the involving 
 validity of any Devise, Bequest or Limitation under any Will or vaUd'it"of° 
 Settlement may be disputed. f/ "«™^' 
 
 VI. And be it, &c., that in any case of a joint Debt cognizable joint Debts 
 by a Justice or Justices of the Peace under this Act, due from Two t™'J™„ 
 or more Persons residing in different Parishes in these Islands — the Persons'S'ay 
 same may be Sued for and recovered in either of the said Parishes in t th^PM-"^ 
 like manner as if both or all of the Defendants resided in the same dtiie?"° 
 
 Parish. resides. 
 
 VII. And be it, &c., that where any Plaintiff shall have any Joint Debts 
 Demand recoverable under this Act against two or more Persons '^Jered"' 
 jointly answerable, it shall be sufficient if any one or more of such ^oreo" thi 
 persons being in these Islands be served with process as hereinbefore "e^ons in-° 
 provided : and Judgment may be obtained and Execution issued ^*'^*' 
 against the Person or Persons so served — ^notwithstanding that others 
 jointly liable may not have been served or sued, or may not be within 
 
 these Islands : and every such Person against whom judgment shall 
 have been obtained under this Act, arid who shall have satisfied such 
 Judgment, shall be entitled to demand and recover under this Act 
 contribution from any other Person jointly liable with him. 
 
 VIII. And be it, &c., that all Debts not exceeding Ten Pounds ^^^'^a""'' 
 arising upon the Balance of Accounts which have exceeded that £Mlru£g 
 Amount, may_ be sued for and Eecovered before One or Two Justices lloelt^Ao- 
 of the Peace in like manner as other Debts not exceeding ten Pounds : ceeSnV that 
 Provided always, that the Sum sued for has been acknowedged to be Amount, re- 
 ajust Debt by the Party Sued: and that such acknowledgment be ulckn"^ 
 
 70 
 
554 
 
 BERMUDA ACTS, 
 
 [1850. 
 
 edged by 
 the Defend- 
 ant in writ- 
 ing — or 
 proved by 
 Two Wit- 
 nesses. 
 
 Justices 
 to record 
 their jiro- 
 cee dings. 
 
 Penalty, 
 
 Where the 
 Justice shall 
 be a Party, 
 the matter 
 shall be de- 
 termined by 
 neighboring 
 Justices* 
 
 proved by "Writing signed by the Party Sued — or in case there be no 
 such acknowledgment then before Two Justices by the testimony of 
 Two or more disinterested Witnesses. 
 
 IX. And be it, &c., that the Justices shall keep a Kecord of aU 
 their proceedings under this Act, under the Penalty of Five Pounds, 
 one-half to the Church Wardens of the Parish where the neglect shall 
 occur, in aid of the Parish Kates, and the other^ half to such person 
 as shall sue for the same. 
 
 X. And be it, &c., that where the Justice himself shall be a Par- 
 ty, the matter shall be heard and determined by One or Two neigh- 
 bouring Justices of the Peace, as hereinbefore in the like cases 
 authorized. 
 
 Allowance 
 to Constable 
 serving pro- 
 cess in dis- 
 tant Parlsb, 
 and to Com- 
 plainant 
 from dis- 
 tant Parish. 
 
 Mutual 
 Debts may 
 be set off. 
 
 Insolvent 
 
 Prisoners — 
 thar allow- 
 ance and 
 .discbarge. 
 
 XI. And be it, &c. [See 1852, No. 12.] 
 
 XII. And be it, &c., that whenever any Justice of the Peace shall 
 deem it necessary for the furtherance of Justice, and in performance 
 of the duties required by this Act, to send a Constable into any neigh- 
 bouring or distant Parish (which such Justice of the Peace is hereby 
 declared to be authorised to do when and as often as to him it shall 
 seem meet) — it shall and may be lawful for such Justice of the Peace 
 to tax and allow such Constable for the service of each and every 
 Summons, "Warrant, Execution, or other process, such Sum not ex- 
 ceeding Twelve Shillings as such Justice shall deem a full compensa- 
 tion for such service ; and also to tax for any Person making a Com- 
 plaint from a distant Parish, siich allowance not exceeding Six Shil- 
 lings a Day for the time that may be expended in travelling to and 
 from the Parish in which such* Complainant or Plaintiff may reside to 
 the said Justice, as shall be a full compensation for such loss of time : 
 and in case of refusal or delay of Payment that it be in the power of 
 such Justice to Levy the said Costs by Sale of the Goods and Chattels 
 of the Person refusing or delaying to pay the same. 
 
 XIII. And be it, &c., that in Suits under this Act mutual Debts 
 and Demands between Plaintiffs and Defendants may be set off and 
 allowed one against the other : and that any Defendant may set up 
 by way of Defence and Claim and have the benefit of any Legal 
 Tender, or any Statute of Limitations. 
 
 XIV. And be it, &c., that any Person committed by any Justice 
 or Justices of the Peace, under this Act, in Execution for any Debt 
 or Damages, upon making the Oath prescribed by the Act passed in 
 the Year One Thousand, Eight Hundred and Twenty-seven — intituled 
 " An Act providing for the maintenance of Persons imprisoned for 
 Debt,"^ — -shall be entitled to the allowance of One Shilling per Day 
 mentioned in that Act, or to be discharged from custody in manner 
 therein mentioned, and in case any Prisoner so committed shall make 
 it appear to the satisfaction of any Two Justices of the Peace that he 
 or she is unable to pay the Debt or Damages for which he or she 
 stands charged in Execution and is in custody, and that by virtue of 
 such Execution he or she hath been confined upwards of One Calendar 
 Month, then the said Two Justices are hereby authorised and required 
 
1850.] BERMUDA ACTS. 555 
 
 to discharge sucli Prisoner by order under their Hands and Seals, and 
 such Prisoner shall be discharged accordingly : Provided always that Proviso, 
 the Plaintiff shall be at liberty after the discharge of any such Prisoner 
 in manner aforesaid, to issue Execution founded on the Judgment 
 against such Prisoner — to Levy the Debt, Damages and Costs remain- 
 ing unpaid, out of the Goods and Chattels which may at any time 
 afterwards belong to such Prisoner. 
 
 XV. And be it, &c., that in any Suit under this Act, it shall be Appeaia to 
 lawful for either the Plaintiff or the Defendant to appeal by Writ of olnS'"' 
 Error from the Judgment given by the Justice or Justices of the ^^''^^■ 
 Peace to the Court of General Assize : Provided always, that such Proviso. 
 Appeal be craved in open Court immediately after Judgment given : 
 that within Ten Days after such Judgment, the Party Appellant (if 
 adjudged by the Justice or Justices of the Peace to pay the Costs of 
 the Suit before the Justice or Justices) do pay the same or give Se- 
 curity for the same being paid if the Judgment be affirmed, and that 
 within the said Ten Days the Party Appellant give Security to the 
 Appellee by Bond to the satisfaction of the Justice or Justices in 
 double the Sum for which Judgment was had and the further Sum of 
 Twenty Pounds with condition that the Appellant will Sue out a 
 "Writ of Error in such Appeal within Thirty Days after such Judg- 
 ment and will prosecute such Appeal in the Court of General Assize 
 without any wilful or affected delay : and with further condition that 
 in case such Judgment be affirnaed, the Appellant within Thirty Days 
 after such affirmance, will pay the Appellee the Debt or Damages and 
 Costs of Suit in the said Court of General Assize — and also the Costs 
 of Suit before the Justice or Justices of the Peace if the Appellant 
 had been adjudged to pay the Costs of Suit before the said Justice or 
 Justices, and if the same had not been already paid : Provided also — Proviso, 
 that if the Apellant in any such Appeal case shall not Sue out a "Writ no.^^^IHb, 
 of Error, and have the same served upon the Justice or Justices of the ""• ^^-^ 
 Peace within Thirty Days after Judgment given, it shall be lawful 
 for the Appellee, if he shall think fit so to do, to treat such Appeal as 
 abandoned, and to Sue out Execution from the Justice or Justices, 
 and proceed thereon as if no such Appeal had been craved — Pro- Proviso. 
 vided also : that in all cases of Appeal under this Act, from the Judg- 
 ment of any Justice or Justices of the Peace to the Court of General 
 Assize — all Costs recovered in the Court of General Assize may be 
 Levied and enforced under Execution issued from that Court. 
 
 XYI. And be it, &c., that in any Suit before any Justice or Jus- no UrUo- 
 tices of the Peace under this Act in which the Party might Appeal aiiowe°d.''° 
 by "Writ of Error as aforesaid, no C&riiora/ri shall be allowed. 
 
 X"VII. And be it, &c., that the Counsellors, Solicitors, Attorneys practiuon- 
 and other Officers of the Court of Chancery, the Court of General cSs^of thf ' 
 Assize, and all other Courts in these Islands, shall be liable to be Sued oy^e su- 
 and proceeded against before Justices of the Peace for all Debts not courts not 
 exceeding Ten Pounds — and all other matters of a Civil nature in like p^^vUeged 
 manner as other Persons may be SilBd and proceeded against in such j™" *^j'g? 
 cases, notwithstanding any claim of Privilege by reason of their being tijis Act. 
 such Counsellors, Attorneys, Solicitors or Officers as aforesaid : — Pro- 
 vided always, that all such Counsellors, Attorneys, Solicitors and P"™"- 
 
556 
 
 BERMUDA ACTS. 
 
 [1850. 
 
 other Officers shall be privileged and excused from attending before 
 . the said Justices of the Peace in Civil matters on all days when any 
 of the Superior Courts of Law or Equity in the said Islands shall be 
 actually sitting. 
 
 Pariah Rates XVIII. And be it, &c., That Parish Eates not exceeding Three 
 "efore"ji^u- Pounds may be Sued for and Eecovered before One Justice of the 
 Parish ""^ Peace, and those exceeding Three Pounds before Two or more Justices 
 where made, of the Pcace residing in the Parish where such Bate may be made, 
 under the provisions of this Act, although the Person liable to pay the 
 same may reside in some other Parish in these Islands. 
 
 Penalties 
 formerly 
 recoverable 
 imder Re- 
 pealed Acts 
 maybe 
 recovered 
 under this 
 Act. 
 
 XIX. And whereas several of the Laws of these Islands direct 
 that certain Debts and Penalties may be Sued for and Recovered in 
 the manner prescribed for the recovery of Small Debts by the above- 
 mentioned Act passed in the Year One Thousand Seven Hundred and 
 Seven, and hereby Eepealed, or some of the Acts in amendment or 
 extension thereof — ^be it enacted. That all such Debts and Penalties 
 may be sued for and Eecovered under the provisions of this Act : and 
 with the same right of Appeal hereinbefore provided. 
 
 Proceedings XX. And be it, &c., That no "Warrant, Order, Judgment or other 
 qSls'hed^or Proceeding hereafter made by any Justice or Justices concerning 
 
 want of 
 form. 
 
 any of the matters aforesaid shall be quashed or vacated for want of 
 
 Actions for 
 anything 
 done under 
 this Act to 
 be com- 
 menced 
 within six 
 months : 
 Notice of 
 Action to be 
 given; 
 Tender of 
 amends 
 allowed. 
 
 form. 
 
 XXI. And for the protection of Persons acting in the execution 
 of this Act — be it enacted. That all Actions and Prosecutions to be 
 hereafter commenced against any Person for anything done in pur- 
 suance of this Act shall be commenced within Six Calendar Months 
 after the fact committed and not afterwards or otherwise : and notice 
 in writing of such Action and of the cause thereof shall be given to 
 the Defendant One Calendar Month at least before the commencement 
 of the Action ; and no Plaintiff shall recover in any such Action if 
 Tender of sufficient amends shall have been made before such Action 
 brought ; or if after such Action brought a sufficient Sum of Money 
 shall have been paid into Court, with Costs, by or on behalf of the 
 Defendant. 
 
 Commence- 
 
 ^ XXII. And be it, &c.. That this Act shall commence in operation 
 
 mentof Act. ou the FiTst Day of October in this present Year of our Lord One 
 Thousand Eight Hundred and Fifty. 
 
 [Amended by Acts of 1852, No. 12, and 1854, No. 10.] 
 
1850.] BERMUDA ACTS. 557 
 
 1850. No. 11. 
 
 AN ACT to require EleoUons of Members of the Assenibly to he held 
 elsewhere than at the Parish Churches. 
 
 [10 August, I860.] 
 
 "WHEREAS by an Act of the Legislature of these Islands passed Preamble, 
 in the Year of our Lord One Thousand Seven Hundred and Eighty- 
 nine, intituled " An Act for Regulating the Election of Members to 
 serve in the General Assembly ; fixing the Qualification of Candidates 
 and Electors ; and assimilating the practice of the Somers Islands in 
 those points, as nearly as circumstances and situation will allow, to 
 that of the Parent State" — it is among other things enacted — That the 
 Returning Officers in the several Parishes in these Islands should pro- 
 ceed to Election at the most Public and usual place within the Parish, 
 and where the same had most usually been for Forty Years last past, — 
 and since the said enactment it has been usual for the Returning 
 Officers to proceed to hold such Elections in the Parish of Saint 
 George, at the Building in the Town of Saint George, formerly used 
 as a Court and Sessions House, and in each of the other Parishes at 
 the Parish Church, — and from a change of circumstances in these 
 Islands, the same necessity does not now exist as formerly for holding 
 such Elections at the Parish Churches, — and it is desirable to require 
 Elections to be held elsewhere : — 
 
 I. "We, therefore, &c., and be it enacted, &c.. That from and after Elections in 
 the passing of this Act, upon every such Election as aforesaid in the plSshto^be 
 Parish of Pembroke, the Returning Officer or Officers shall proceed court^House 
 to hold such Election at the Court and Sessions House in the Town of and in the 
 Hamilton ; — and, in the rest of the Parishes in these Islands (other "she" 
 than the Parishes of Saint George and Pembroke) at some House not ^^o'rge)^ 
 being the Parish Church, nor any Tavern, or place for the sale of ^°^^gjf°* 
 Liquor, but situated within the Parish for which such Election is to be the Parish 
 held, conveniently for the attendance of Yoters, and which may be a Tavein.""^ 
 obtained with the consent of the Proprietors, Trustees, or Occupant 
 thereof; either gratuitously, or at thej[expense of the Parish, as herein- 
 after provided. 
 
 II. And be it, &c., That when any House belonging to one or 
 
 more private Individuals shall be used for the purpose of any such ^^J^'^lt"^ 
 Election being held thereat, it shall be lawful for the Yestry of the private 
 Parish to authorise payment being made for such use thereof to the tharpur-""^ 
 Proprietor or Tenant thereof, of such moderate sum, out of any Parish ^a'de and 
 Monies, as the Yestry may deem just and reasonable, and to Assess Assessedfor. 
 for such sum in like manner as for other Parish charges. 
 
558 BEEMUDAACTS. [1850. 
 
 H^urning III. Provided always, and be it, &c.. That it shall be lawful for the 
 
 consent of Returning Officer or Officers at any such Election, with the consent 
 may^dji^ of all the Candidates, to adjourn any such Election from the place 
 'lacM™ where it was begun to any other convenient place within the Parish : 
 provisi.— Provided also, that nothing in this Act contained shall be deemed or 
 tppiy°tV° construed to apply to any Election in the Parish of Saint George. 
 
 Elections in , 
 
 St. Georges. 
 
BERMUDA ACTS OF ASSEMBLY. 
 
 1851. No. 2. 
 
 AN ACT /or the Suppression of volwntary and extra-judicial Oaths 
 
 and Affidavits. 
 
 [13 June, 1851.] 
 
 WHEEEAS a practice has prevailed of administering and receir- Preamble. 
 ing Oaths and Affidavits voluntarily taken and made before Justices 
 of the Peace, in Matters not the subject of any Judicial Inquiry, nor in 
 any wise pending, or at issue, before the Justice of the Peace by 
 •whom such Oaths and Affidavits have been administered or received : 
 and whereas doubts have arisen whether or not such Proceeding is il- 
 legal : for the more effectual Suppression of such practice and removing 
 such doubts : 
 
 I. "We, &c., and be it enacted, &c., that it shall not be lawful for justices ot 
 any Justice of the Peace to administer, or cause or allow to be admin- n'Jft to aT- 
 istered, or to receive, or cause or allow to be received, any Oath, Affi- Q^^g"j„ 
 davit, or Solemn Affirmation, touching any Matter whereof such Justice matters of 
 hath not jurisdiction or cognizance by some Act of Parliament, or by hayeVot'^ 
 some Act of the Legislature of these Islands, in force at the time being, jurisdiction. 
 Provided always, That nothing herein contained shall be construed to Proviso. 
 extend to any Oath, Affidavit, or Solemn Affirmation before any Jus- 
 tice, in any Matter or Thing touching the preservation of the Peace, 
 
 or the prosecution, trial, or punishment of Offences, or touching any 
 proceedings before the Legislative Council or the House of Assembly in 
 these Islands, or any Committee thereof, respectively, nor to any pro- 
 ceedings before any Court of Justice in these Islands, nor to any Oath, 
 Affidavit, or Affirmation which may be required by the Laws of the 
 United Kingdom, or any part thereof, or of any British Colony, Settle- 
 ment, Possession, or Dominion, or of any Foreign Country, to give 
 validity to Instruments of Writing, designed to be used in the United 
 Kingdom, or any part thereof, or in such British Colonies, Settlements, 
 Possessions, or Dominions, or Foreign Countries, respectively. 
 
 II. And be it, &c., that this Act shall be and continue in force 
 until and throughout the last day of December, which will be in the i'"™"""- 
 year of Our Lord, One Thousand Eight Hundred and Fifty-eight, and 
 
 then to determine and expire. , 
 
 [Continued indefinitely by Act of 1857, Ko. 9.] 
 71 
 
560 
 
 BERMUDA ACTS, 
 
 [1851. 
 
 Sess. 11.-1851. No. 1. 
 
 AN ACT further to Amend the " Act to Provide for the Collection 
 
 of the Revenue.''^ 
 
 [2 July, 1851.] 
 
 Preamble. 
 
 WHEEEAS by the Eighteenth Section of the Act of the Legisla- 
 ture of these Islands, passed in the Year One Thousand Eight Hund- 
 red and Forty-Eight, intituled " An Act to Provide for the Collection 
 of the Revenue," it is among other things provided, that the payment 
 of Duties upon all Goods deposited in the Warehouse shall be accord- 
 ing to the first account taken of such Goods, upon the landing of the 
 same; and v^hereas the said Provision operates very prejudicially 
 against the Importers of Hum and other Spirits by reason of the loss 
 to which such Goods are liable from Evaporation and Leakage ; and 
 it is expedient to alter the said Section in so far as it affects Hum and 
 other Spirits in Bond : 
 
 Allowances 
 to be made 
 
 I. We, therefore, &c., and be it enacted, &c., that from and after 
 for"eTapoia- the passiug of this Act, it shall be lawful for the Eeceiver General, or 
 Spirits. other proper Officer of the Pevenue, to make Allowances for Evapo- 
 ration and Leakage to the Importers of Rum and other Spirits, which 
 shall have been Warehoused upon the landing of the same, at and after 
 the following rates — (that is to say :) 
 
 For every Puncheon of Rum — for every Six Months that the same 
 shall be in the Warehouse — One and One-half Gallon. 
 
 For every Hogshead of Rum — for every Six months that the same 
 shall be in the Warehouse — ^Three-fourths of a Gallon. 
 
 For every Pipe of Brandy or Gin — for every Six Months that the same 
 shall be in the Warehouse — One Gallon. 
 
 For every Hogshead of Brandy or Gin — for every Six Months that the 
 same shall be in the Warehouse — One-half of a Gallon. 
 
 And the said Allowances for Evaporation and Leakage shall be de- 
 ducted from the quantity or guage of such Rum or other Spirits first 
 ascertained at the time the same was deposited in the Warehouse, 
 whenever such Rum and other Spirits shall be taken out of the Ware- 
 house; and the Duties shall be paid on the quantity which shall ap- 
 pear after such Allowances shall have been deducted, — anything con- 
 tained in the Eighteenth or any other Section of the said Act " To 
 Provide for the Collection of the Revenue " to the contrary notwith- 
 standing. Provided always, That in no case shall any Allowance be 
 made, as above mentioned in respect to Evaporation or Leakage if such 
 Rum or other Spirits be taken out of the Warehouse at any time within 
 Six Months from the date of the Warehousing of the same ; — nor shall 
 such Rum and other Spirits be entitled to the Allowances aforesaid for 
 a greater period than Two Years. 
 
 II. And whereas it frequently happens that Bills of Entry are pre- 
 sented at the Public Treasury by the Importers of Goods or their 
 
 Proviso. 
 
1851.] BERMUDA ACTS. 561 
 
 Agents, in which the aggregate value of the several Articles de- Bnt?yfospe- 
 scribed therein is alone inserted, and not the respective values of the «"? ™'"8 '° 
 same as prescribed in the Schedule of the said Act " To provide for the ding to pre- 
 Oollection of the Revenue," and it is deemed necessary to provide '"■'m*'^ 
 against the reception of such defective Bills of Entry : Be it enacted. 
 That if any Bills of Entry shall be presented to the Eeceiver General, 
 or the Assistant Receiver General, in which are described several Ar- 
 ticles of Import, but opposite to which the aggregate value of the same 
 is alone inserted, it shall be the duty of the Receiver General, or the 
 Assistant Receiver General, to return such Bills of Entry to the Party 
 presenting the same, and to require him to produce other Bills of 
 Entry which shall particularly specify the respective values of the 
 Goods Imported, agreeably to the form in the said Schedule of the 
 said Act " To Provide for the Collection of the Revenue," and no ^ 
 other. 
 
 III. And be it, &c., that whenever it shall be found necessary to Alterations 
 alter or amend any Bill of Entry which may have been passed at the n'J,ufl'edto''° 
 Public Treasury, in consequence of some error discovered tlierein, it the Revenue 
 shall be the duty of the Receiver General, and the Assistant Receiver 
 General, upon any such alteration or amendment being made to ap- 
 prise the Revenue Officers of the Ports of Hamilton and St. George 
 respectively of the same, to enable such Revenue Officers to make a 
 corresponding correction in the Copies of such Bills of Entry in their 
 possession. 
 
 IV. And be it, &c., that all Bills of Entry and Duplicates thereof, buib ot Bn- 
 passed at the Public Treasury, from and after the First Day of July ^.'^Jbe^ed 
 in this present year, shall be numbered consecutively as they are passed, conseou- 
 commencing with Number One, at the beginning of every Quarter, and '™^' 
 posted accordingly, without reference to the time of Arrival or Entry 
 
 of any particular Ship or Vessel in which the Goods described in such 
 Bills of Entry were Imported. 
 
 V. And be it, &c., that this Act shall be and continue in force Duration, 
 until and throughout the last day of December, One Thousand Eight 
 Hundred and Fifty-Three. 
 
 [Continued to the end of 1861— (with Acts of 1848, 1849, 1852 and 1853)— by Act of 
 1860, No. 10.] 
 
 Sess. II.— 1851. No. 3. 
 
 AN ACT for the further Amendment of the Law and advancement of 
 
 Justice. 
 
 [18 August, 1851.] 
 
 WHEREAS much Expense may be incurred and delay or failure 
 of Justice take place at Trials, by reason of variances between 
 Writings produced in Evidence and the recital or setting forth 
 thereof upon the Record, Writ or Document on which the Trials is 
 had, in matters not material to the merits of the case : and such 
 
 Preamble. 
 
562 
 
 BERMUDA ACTS. 
 
 [1851. 
 
 Variances 
 between 
 matters in 
 
 Eecord, Writ or Document cannot always be amended : for remedy 
 thereof : — 
 
 I. "We, &c., and be it enacted, &c., that it shall and may be law- 
 ful for the Court of General Assize at the Trial of any cause, if such 
 E'lS* Court shall see fit to do so, to cause the Eecord, Writ or Document op 
 thereof on which any Trial may be depending before such Court, in any Civil 
 IVlmeS Action, or in any Indictment or information for any Misdemeanor 
 at tue Trial, ^j^en any variance shall appear between any matter in Writing or in 
 Print produced in Evidence and the recital or setting forth thereof 
 upon the Record, Writ or Document whereon the Trial is pending, to 
 be forthwith amended in such particular by some Officer of the Court, 
 ■> on payment of such Costs (if any) to the other Party, as such Court 
 shall think reasonable : and thereupon the Trial shall proceed as if no 
 such variance had appeared : and the order for the Amendment shall 
 be endorsed on some part of the Eecord, Writ or Document, or entered 
 in the Minute Book of the proceedings of the Court ; and thereupon 
 the Papers, EoUs and other Eecords of the Court shall be amended 
 accordingly. 
 
 Variances 
 between the 
 proof and 
 the recital 
 on record, 
 of any con- 
 tract, cus- 
 tom, name, 
 &c., not ma- 
 terial to the 
 merits, may 
 be forthwith 
 amended. 
 
 • II. And whereas much Expense may be incurred, and delay or 
 failure of Justice take place at Trials, by reason of variances as to 
 some particular or particulars between the proof and the Eecord, or 
 setting forth on the Record or Document on which the Trial is had of 
 Contracts, Customs, Prescriptions, Names, and other matters or cir- 
 cumstances not material to the merits of the case, and by the mis- 
 statement of which the opposite Party cannot have been prejudiced, 
 and the same cannot be amended at the Trial : Be it enacted that it 
 shall be lawful for the said Court of General Assize, if such Court shall 
 see fit so to do, to cause the Record, Writ or Document on which any 
 Trial may be pending before any such Court in any Civil Action, or in 
 any information in the nature of a Quo Warranto, or proceedings on 
 a Mandamus, when any variance shall appear between the proof and 
 the recital or setting forth on the Record, Writ or Document on which 
 the Trial is proceeding, of any Contract, Custom, Prescription, Name, 
 or other matter, in any particular or particulars in the Judgment of 
 such Court not material to the merits of the case, and by which the 
 opposite Party cannot have been prejudiced in the conduct of his 
 Action, Prosecution or Defence, to be forthwith amended by some 
 Officer of the Court or otherwise, both in the part of the Pleadings 
 where such variance occurs, and in every other part of the Pleadings 
 which it may become necessary to amend, on such terms as to payment 
 of Costs to the other Party, or postponing the Trial to be had before 
 the same or another Jury, or both payment of Costs and postponement, 
 as such Court shall think reasonable : and in case such variance shall 
 be in some particular or particulars in the judgment of such Court not 
 material to the merits of the case, but such as that the opposite Party 
 may have been prejudiced thereby in the conduct of his Action, Prose- 
 cution or Defence, then such Court shall have power to cause the same 
 to be amended upon payment of Costs to the other Party, (and with- 
 drawing the Record or postponing the Trial as aforesaid) as such Court 
 shall think reasonable : and after any such amendment the Trial shall 
 proceed (in case the same shall be proceeded with) in the same manner 
 
1851.J BERMUDA ACTS. 563 
 
 in all respects, both with respect to the liability of "Witnesses to be In- 
 dicted for Perjury, and otherwise, as if no such variance had appeared : 
 and the order for the amendment shall be endorsed on some part of 
 the Kecord, or entered in the Minute Book of the proceedings of the 
 Court : and thereupon such Papers, Rolls, and other Records of the 
 Court as it may be necessary to amend, shall be amended according- 
 ly : Provided that it shall be lawful for any Party who is dissatis- 
 fied with the decision of such Court respecting the allowance of any Proviso. 
 such amendment, to apply to the Court for a new Trial upon that 
 ground : and in case the Court shall think such amendment impi-oper, 
 a new Trial shall be granted accordingly, on such terms as the Court 
 shall think fit, or the Court shall make such other order as to them 
 shall seem meet. 
 
 III. And be it, &c., that the said Court shall and may if they or, instead 
 shall think fit, in all such cases of variance, instead of causing the Ke- me™oourt 
 cord. Writ or Document to be amended as aforesaid, direct the Jury Se'jury to 
 to find the fact or facts according to the Evidence, -and thereupon such find the^^^ 
 finding shall be stated on such Eecord, Writ or Document: and not- ding to the 
 withstanding the finding on the issue joined, the said Court shall, if *'"''*°°*- 
 they think the said variance immaterial to the merits of the case, and 
 the mis-statement such as could not have prejudiced the opposite Party 
 in the conduct of the Action or Defence, give Judgment according to 
 the very right and justice of the case. 
 
 Sess. II.— 1851. No. 4. 
 
 AN ACT to provide for the Quarterly Auditing and payment of 
 the Claims of certain Pvhlio Creditors. 
 
 [13 August, 1851.] 
 
 WHEEEAS considerable benefit has accrued to the Public Ser- Preamble. 
 vice by the operation of the Act of the Legislature of these Islands, 
 passed in the Tear One Thousand Eight Hundred and Forty-nine, for 
 a limited period, intituled " An Act to Provide for the Quarterly Pay- 
 ment of the Claims of certain Public Creditors : " and the said Act 
 being about to expire, it is expedient to renew the several provisions 
 contained therein, with such Amendments as are deemed requisite to 
 be made thereto : 
 
 I. We, therefore, &c., and be it enacted, &c., that it shall be Demands 
 lawful for His Excellency the G-overnor within Ten days previously pSiret 
 to the expiration of each Quarter, ending respectively with the Months oaifed"^!^ 
 of March, June, September, and December, in every Tear, to direct advertise- 
 an Advertisement to be inserted once in such of the Newspapers of Sriy'.'""" 
 these Islands as have heretofore published similar Notices, calling 
 upon all Persons having Demands against the Public Treasury for 
 Services which are authorized by Law and have heretofore been paid 
 by the Public in virtue of such Legal authority, to render the same to 
 the Clerk of the Council on or before the Eighth day of the Month 
 next succeeding the expiration of such Quarter, made up to the last 
 
564 BERMUDA ACTS. [1851. • 
 
 Day of the Quarter: and all such Accounts received up to that date 
 by the Clerk of the Council shall be laid before the Committee of the 
 General Assembly to be appointed as hereinafter mentioned. 
 
 Committee H. And be it, &c., that it shall be the duty of the said Committee 
 
 toMdS'th''^ of the General Assembly to meet at some convenient time between 
 
 accounts the Eighth and Thirteenth Days of the Month next succeeding the 
 
 thembefore cxpiration of cvery Quarter and receive all such Accounts and to 
 
 of The'coun- carefully audit the same ; and, if found correct, to pass every such 
 
 "»• Account for payment, by certifying on the back thereof that the same 
 
 is correct : and all such Accounts so passe(| and certified shall be laid 
 
 by the said Committee of the General Assembly before a Committee 
 
 of the Legislative Council (to be appointed as hereinafter mentioned) 
 
 for their inspection and concurrence, whose duty it shall be to meet 
 
 for that purpose at some convenient time between the Eighth and 
 
 Sixteenth Days of the Month next succeeding the expiration of every 
 
 Proviso. Quarter : Provided always, that in no case shall any Account be 
 
 passed and certified by the Committee of the General Assembly which 
 
 shall contain any charges other than such as are authorized by Law 
 
 and have heretofore been paid by the Public in virtue of such Legal' 
 
 Proviso. authority: P (/aided further, that the payment of any Account or 
 
 Demand against the Public Treasury not authorized to be paid under 
 
 tlie provisions of this Act may be provided for in like manner as if 
 
 this Act had not been passed. 
 
 List of the III. And be it, &c., that as soon as all such Accounts shall have 
 
 oonculredin becu ins})ected by the Committee of the Legislative Council, the same 
 for^uovern- °'' ^^^ thereof as siiall be concuri'ed in by said Committee, shall be 
 or, Receiver returned to the Committee of the General Assembly, whose duty 
 Assembly." shall be to prepare a List in Triplicate, of all such Accounts, and, 
 after the same shall be duly signed by the Committees of the General 
 Assembly and Legislative Council respectively — one such List shall 
 be forwarded by the said Committee of the General Assembly to His 
 Excellency the Governor — one to the Receiver General — and the third 
 sliall be laid before the General Assembly at its next sitting with any 
 Eeport which such Committee of the General Assembly may deem 
 necessary. And the original Accounts, passed and certified as above, 
 Where filed, shall be placed in the possession of the Clerk of the General Assem- 
 bly, to be by him carefully filed away among similar Papers of the 
 Assembly. 
 
 Committees ^' -^-nd be it, &c.,. that a Committee of the Legislative Council 
 of Council shall be appointed for the purposes of this Act by that Body, and shall 
 biy.howap- coutinue to exercise the powers granted by this Act, until a new Com- 
 mid'e'*'*"* mittee of that Body shall be appointed by the Council in their place, 
 known. and so on from time to time ; and in like manner, that a Committee 
 of the General Assembly, not exceeding Five Members, any Three of 
 whom to be a Quorum, shall be appointed by the Assembly for the 
 purposes of this Act, and shall continue to exercise the powers 
 granted by this Act, (whether the Assembly shall or shall not be dis- 
 solved in the mean time) until a new Committee of the Assembly 
 shall be appointed by the Assembly in their place, and so on from 
 time to time. And the General Assembly and the Legislative Coun- 
 cil shall each inform the other, from time to time, by Message, of the 
 
1851.] BERMUDA ACTS. 565 
 
 appointment of their respective Committees, for the purposes of this 
 Act, and of the names of the Members respectively composing the 
 same. 
 
 V. And be it, &c., that at the foot of the Advertisement directed Their meet- 
 by the first Section of this Act to be published, the following words 'a°dT«tLed. 
 shall be added : " The Committee of the General Assembly are 
 hereby required to meet between the Eighth and Thirteenth Days of 
 the ensuing Month, and the Committee ot the Legislative Council are 
 also hereby required to meet between the Eighth and Sixteenth Days 
 of the ensuing Month to Audit and pass such Accounts." 
 
 YI. And be it, &c., that the Eeceiver General shall be, and he ^fp^HJ"*" 
 hereby is authorized and required to pay out of any unappropriated up m war- 
 Monies in the Public Treasury, unto the Public Creditors whose ''*'"■ 
 ITames shall be set forth in tlie List of Accounts furnished to him by 
 the Committee of the General Assembly, as hereinbefore mentioned, 
 the amounts wliich shall be written opposite to their Names respect- 
 ively, upon the production of a Warrant from the Governor for such 
 Payment. 
 
 YIL And be it, &c., that this Act sliall be and continue in force jj^^tion, 
 until and tiiroughout the Thirty-First Day of December, which will 
 be in the Tear of our Lord, One Thousand, Eight Hundred and Fifty- 
 Four. 
 
 [Continued to end of 1870, by Act of 1859, No. 2.] 
 
 II.— 1851. No. 5. 
 
 AlSr ACT io confirm, a certain Ordinance of the Mayor, Aldermen, 
 and ComiTion Council of the Town of Hamilton concerning 
 Streets in the Town of Hamilton. 
 
 [23 August, 1851.] 
 
 "WHEEEAS the Mayor, Aldermen, and Common Council of the Preamble. 
 Town of Hamilton did, on the Fourth Day of August, in this present 
 Year, pass a certain Ordinance, intituled " An Ordinance concerning 
 Streets in the Town of Hamilton." 
 
 And whereas the said Ordinance hath been submitted to the Legis- 
 lature for the purpose of being confirmed, and it is deemed expedient 
 that the same should be confirmed and continued in force for a limited 
 period of time : 
 
 L "We, therefore, &c., and be it enacted, &c., that the said Or- confirming 
 dinance hereunto annexed, the title whereof is above recited, be and "('"355° '"^ 
 continue in force, until and throughout the Thirty-first day of Decem- Hamilton 
 her, which will be in the year of our Lord, One Thousand Eight Hun- concemi°ng 
 dred and Fifty-six, and then to determine and expire. ^'"°"' 
 
 Passed the Assembly this 15th Day of August, 1851. 
 
566 BERMUDA ACTS. 
 
 By Order of the House, 
 
 ALEXE. EWESTG, Speaker. 
 
 [1851. 
 
 Concurred in by the Legislatire Council this 22d Day of August, 
 1851, 
 
 THOMAS BUTTEEFIELD, President. 
 
 Assented to this 23d Day of August, 1851, 
 
 CHAELES ELLIOT, Governor. 
 
 AN OEDINANCE Concerning Streets m the Town of Eamilton. 
 
 Casting Rub- 
 bish, &c., in 
 Street. 
 
 Penalty. 
 
 Penalty. 
 
 Proviso. 
 
 Starting Cart 
 loads In 
 street. 
 
 Penalty. 
 
 We, the Matoe, Aldermen, and Common Council, of the Town of 
 Hamilton in the Islands of Bermuda, do hereby ordain : 
 
 I. First. — That any Person who shall cast, place, or lay, or cause 
 to be cast, placed, or laid, in any Street, Lane, or Alley, or in any 
 Public Square, or Public place within the limits of the Town of Ham- 
 ilton, any Earth, Sand, Stone, Soil, Dirt, Ashes, Cinders, Dross, Filth, 
 or Eubbish, of any kind, or any Wood, Timber, Board, Stone, or other 
 Material, whether manufactured or not, shall forfeit and pay a penalty 
 of not less than four shillings, and not more than twenty-four shillings 
 for every such offence, and the occupant of any House from which 
 any such Rubbish shall be cast or brought, and the owner of any such 
 Wood or other Material shall be liable to a similar penalty, and to a 
 further penalty of one shilling, for each and every day any such Eub- 
 bish or Material shall remain unremoved from any such Lane or 
 Alley, Public Square, or Public place after being notified by the 
 Inspector of the Town to remove the same. Provided always, that 
 Merchandize and Ballast deposited on any Wharf for the purpose of 
 being Laden on Board of, or Unladen from any Yessel, in conformity 
 with any regulations which shall then be in force relating to Yessels 
 and Wharfs, shall not be deemed to have incurred any penalty. Pro- 
 vided also, that no Person employed with the sanction of the Eoad 
 Commissioners, or of any other Person duly authorized to Superintend 
 any Public Work, or of the Mayor, Aldermen, and Common Council 
 of the said Town in Making, Eepairing, or Improving any Eoad, 
 Street, or Public place, in the said Town shall incur any Penalty 
 under this Ordinance, by carrying on the work on which he shall b^ 
 so employed. 
 
 II. Second. — That any person who shall unload from any Cart, 
 Waggon, or other Vehicle, in any Street, Lane, Alley, Public Square, 
 or Public place, within the limits aforesaid, any such Articles as is 
 specified in the foregoing Section of this Ordinance, by dumping or 
 starting the same in any such Street, Lane, or Alley, Public Square, 
 or Public place, as aforesaid, shall forfeit and pay a Penalty of not 
 less than one shilling, nor more than four shillings for every such 
 offence. 
 
1851.] BERMUDA ACTS. 567 
 
 III. Third. — That any Owner, or Part Owner, Builder, or Joint ]^""SjJto 
 Builder of any House, or other Building which sliall be Erecting or removed. 
 [Repairing within the limits aforesaid, shall cause all the Rubbish of 
 every kind occasioned by such work, which may accumulate in the 
 Street, or be cast into the Street, and all the Ground, Earth, Soil, Stone, 
 Sand, Gravel, and Clay, which may be dug from the Cellar or Yard, 
 or Area, or Vault thereof, and cast into the Street, to be removed out 
 of the said Street within one month after the same shall fall, be put.or 
 cast there ; and in default thereof, shall forfeit and pay a Penalty of Penalty. 
 not less than twenty shillings, nor more than forty shillings for every 
 such offence ; and also be liable to pay the expense of having the same 
 removed by the Inspector of the Town, which such Inspector is hereby 
 authorized to cause to be done. 
 
 IV. Fourth. — That every Entrance or flight of Steps descending Ceiiar and 
 from the Street into any Cellar or Basement Story of any House or ftepaTo'he 
 other Building, within the limits aforesaid, shall be enclosed with a ™<!io=«*- 
 strong and substantial Palling of not less than three feet in height, and 
 
 in default thereof, any Owner, Part Owner or Occupier of the said 
 House or Building, shall forfeit and pay a Penalty of not less than one penalty. 
 shilling, nor more than two shillings for each and every day such Rail- 
 ing shall be omitted to be kept up. 
 
 V. Fifth. — That during the month of July, August, September, summer 
 and October in every year, during the continuance of this Ordinance, auowel! 
 persons may set up and continue Awnings in the Streets (which are 
 
 not ISss than Fifty feet in width) before their Houses, Stores, or other 
 Buildings. Provided, that no such Awning shall be more than nine proviso, 
 feet wide ; and that the Posts for such Awnings be not placed more 
 than nine feet distant from the walls of such House, and do not exceed 
 six inches square, with a Cross Railing at top not exceeding four 
 inches thick and six inches deep to support such Awnings ; and be not 
 less than eight feet, nor more than ten feet in height above the Street, 
 and that no portion or part of any Cloth or Canvas used as such Awn- 
 ing, shall hang loosely down from the same over the Street. Provided proviso. 
 also, that all such Posts, Rails, and Awnings, be removed before the 
 first day of November, in every year, and that it shall be the duty of 
 the Inspector of the Town to order and direct any Awning, or Awning 
 Post, or Rail, erected or continued in or over any Street within the 
 limits aforesaid, contrary to, or not in conformity with this Ordinance, 
 to be forthwith removed ; and any person who shall have put up the 
 same, or any Occupant of any House who shall fail to comply forth- 
 with with any such order or direction with respect to any Awning, or 
 any Awning Post or Rail, put up by him, or attached to, or adjoining 
 such House, shall forfeit and pay a penalty of not less than twenty penalty, 
 shillings, nor more than two pounds, and a penalty of four shillings 
 for every day during which, or during part of which the same shall be 
 continued after such order or notice. 
 
 VI. Sixth. — That any person who shall Dig, Excavate, Quarry, Excavating 
 or cut into any Street, Lane, Alley, Public Square, or Public place 1^°' 
 within the limits aforesaid, or into any lot of land belonging to the 6'°"°<'- 
 Mayor, Aldermen, and Common Council of the said Town within the 
 
 said limits, without the permission in writing, signed by the Mayor of 
 73 
 
568 
 
 BERMUDA ACTS. 
 
 [1851. 
 
 Penalty. 
 
 Planting, or 
 Cutting 
 trees in 
 Street, 
 
 the said Town, first had and obtained, shall forfeit and pay a penalty 
 of not less than twenty shillings, nor more than five pounds for every 
 such offence, and every repetition of such offence on any subsequent, 
 or other day, shall be deemed and considered a separate offence. 
 
 VII. Seventh. — That any person who shall plant, or cause to be 
 planted, any tree, shrub, or shoot, in any Street, Lane, or Alley, within 
 the limits aforesaid, or in any Public Square, or Public place, -belong- 
 ing to the said Mayor, Aldermen, and Common Council, within those 
 limits, •without permission in writing, signed by the Mayor, first had 
 and obtained, or who shall cut, break, bark, root up, pull up, damage, 
 or destroy any tree, shrub, or plant, standing, or growing in any such 
 Street, Lane, Alley, Public Square, or Public place, without such 
 permission as aforesaid, shall forfeit and pay a penalty of hot less 
 than four shillings, nor more than ten shillings, for every such 
 offence. 
 
 Leaving 
 Hay, Pitch, 
 Ac, in Street 
 at night. 
 
 VIII. Eighth. — That any Owner, Part Owner, Consignee, or other 
 person in charge of any Hay, Pitch, Tar, Turpentine, or Eosin, or any 
 Owner, Part Owner, Lessee, or Occupier of any House or Building, 
 who shall cause, procure, permit, or suffer any Hay, Pitch, Tar, Tur- 
 pentine, or Kosin, to be kept, or left at any time during the night time 
 ^ in any Street, Lane, or Alley, within the limits aforesaid, or in any 
 Ajea, Gallery, Space reserved for a Gallery, or open place, adjoining 
 
 Penalty. to any such Street, Lane, or Alley, shall forfeit and pay a penalty of 
 six pence for each and every Bale, Barrel, or other Package of such 
 Hay, Pitch, Tar, Turpentine, or Bosin, so kept or left, and fo? each 
 and every night, or part of a night, the same shall be so kept or left. 
 
 Proviso. Provided always^ that in case of emergency, with permission in 
 writing, from the Mayor first had and obtained, and under the inspec- 
 tion a W atchman throughout the night, any such Article as aforesaid 
 may be kept or left in any such Gallery, Space, or open place, as 
 aforesaid, for one night only, without incurring the penalty aforesaid. 
 
 Inspector IX. Ninth. — ^That it shall be the duty of the Inspector of the said 
 
 the'iRe^- Town to SCO to the Eegulations contained in this Ordinance being 
 tions. carried into effect. 
 
 X. Tenth. — That all fines, forfeitures, and penalties arising under 
 this Ordinance may be sued for, and recovered, with costs of Suit 
 before the Police Magistrate of the said Town, or any other Justice of 
 the Peace, (such other Justice of the Peace not being a Mayor, Alder- 
 man, or Common Councilman of the said Town) either in like manner 
 as debts not exceeding three pounds are recoverable, and with the 
 like right of appeal : or may be enforced, sued for, and dealt with in 
 like manner as penalties upon summary convictions may be enforced, 
 sued for, and dealt with, under the Act " for improving the Police in 
 and near the Towns of Hamilton and St. George, and for other pur- 
 poses ; " and that one-half of all such fines, forfeitures, and penalties, 
 when recovered, shall go to the Inspector of the said Town for the 
 time being, together with the expenses incurred by him, and the other 
 half to the Mayor, Aldermen, and Common Council of the said Town 
 in aid of their funds for improving and repairing Streets in the said 
 Tovra ; and that the said Inspector may be admitted as a Witness in 
 
 Fines, &c,, 
 how recov- 
 ered and 
 applied. 
 
1851.] BERMUDA ACTS. 569 
 
 any such suit notwithstanding he may b6 interested in the penalty in 
 the event of the OjBfender being ConTicted. 
 
 XL Eleventh. — ^That nothing in this Ordinance contained, shall Not to de- 
 he deemed to deprive any Party, aggrieved by any of the offences tSIlg- ' 
 aforesaid, of any remedy to which he would have been entitled had KT"*' "^ 
 this Ordinance not been passed. remedy. 
 
 XII. Twelfth. — ^That this Ordinance be, and continue in force Duration, 
 until and throughout the last day of December which will be in the 
 year of our Lord One Thousand and Eight Hundred and Fifty Six. 
 
 Passed the Corporation of the Town of Hamilton, this Fourth Day 
 of August, One Thousand, and Eight Hundred and Fifty-One. 
 
 HENET JAMES TUCKEK, Mayor. 
 
 JOS. J. OUTEEBKIDGE, ) 
 THOMAS HALL, [Aldermen. 
 
 WILLIAM B. PEEOT, ) 
 
 SAMUEL NASH, ) 
 
 THOMAS NEWBOLD, [ Common Couneil. 
 
 B. H. YOUNG, ) 
 
 [Contmued to the end of 1866, by Act of 1855, No. 10.] 
 
 Sess. II.— 1851. No. 6. 
 
 AN ACT to confirm a certain Ordinance of the Mayor, Aldermen, 
 and Common Council of the Town of Hamilton relating to Ves- 
 sels and Wharfs at the Port of Hamilton. 
 
 [23 August, 1851.] 
 
 WHEEEAS the Mayor, Aldermen, and Common Council of the preamble. 
 Town of Hamilton did, on the Fourth Day of August, in this present 
 Year, One Thousand Eight Hundred and Fifty-one, pass an Ordinance, 
 intituled " An Ordinance relating to Yessels and Whai'fs at th6 Port 
 of Hamilton." 
 
 And whereas the said Ordinance hath been submitted to the Legis- 
 lature for the purpose of being confirmed, and it is deemed expedient 
 that the same should be confirmed and continued in force for a limited 
 period of time : 
 
 I. We, therefore, &c., and be it enacted, &c., that the said Ordin- coniirming 
 ance hereunto annexed, the title whereof is above recited, be and con- igg^th"*"' 
 tinue in force, until and throughout the Thirty-first day of December, §^»™'^'°°^ 
 which will be in the year of our Lord, One Thousand Eight Plundred relating to 
 and Fifty-six, and then to determine and expire. ' wS.^"* 
 
570 
 
 BERMUDA ACTS. 
 
 [1851. 
 
 Passed the Assembly tliis-19tli Day of August, 1851. 
 
 By Order of the House, 
 
 ALEXE. EWBTG, Stealer. 
 
 Concurred in by the Legislative Council this 22d Day of August, 
 1851, 
 
 THOMAS BUTTEEFIELD, President. 
 
 Assented to this 23d Day of August, 1851, 
 
 CHAELES ELLIOT, Governor. 
 
 AN OEDINANCE Relating to Vessels and Wharfs at the Fort of 
 
 Hamilton. 
 
 Vessels at 
 the Shore — 
 how moored. 
 
 Penalty. 
 
 Hindering 
 Vessels lad- 
 ing or un- 
 lading. 
 
 Penalty. 
 
 Vessels im- 
 properly 
 moored or 
 placed. 
 
 We, the Matoe, Aldermen, and Common Council, of the Town of 
 Hamilton in the Islands of Bermuda, do hereby ordain : 
 
 I. First. — ^That every Yessel lyingat the Shore, or at any Wharf 
 within the limits of the Township of Hamilton shall be moored with 
 her Head and Stern in such direction, and in other respects in such 
 manner as shall be pointed out by the Wharfinger of the said Town ; 
 and also with sufficient anchors and cables ; and in default thereof, in 
 any respect, tlie Master or other Person in charge of, or any Owner, 
 or Part Owner of any such Vessel shall forfeit and pay a penalty of 
 not less than ten shillings, and not more than two pounds for every 
 such offence and shall also be liable to pay the expense of having such 
 Vessel so moored by the Wharfinger, which the Wharfinger is hereby 
 authorized to cause to be done. 
 
 H. Second. — That every Master or other Person, in charge of, or 
 any Owner, or Part Owner of any Vessel, not actually engaged in 
 discharging, or taking on board Cargo or Ballast, but lying at any 
 Wharf, or place of Landing, within the limits aforesaid, to the hinder- 
 ance of any other Vessel ready to take in, or discharge her Cargo or 
 Ballast, who shall refuse or unreasonably delay to give way or place 
 to, or for such other Vessel, ready to take in or discharge her Cargo or 
 Ballast, upon being required so to do by the Wharfinger, shall forfeit 
 and pay a penalty of not less than ten shillings, and not more than 
 two pounds for every such offence ; and shall also be liable to pay 
 the expense of having such Vessel removed and remoored by the 
 Wharfinger, which the Wharfinger is hereby authorized to cause to 
 be done. 
 
 HI. Third. — ^That every Master, or other Person in charge of, or 
 any Owner, or Part Owner, of any Vessel which shall be wilfully, 
 insufficiently, or negligently Moored, or Placed, so as to endanger the 
 safety, or to obstruct the accommodation of any other vessel lying at, 
 or going to or from any Wharf or place of Landing, within the limits 
 aforesaid, or so as to be likely to injure or damage any Wharf or 
 Place of Landing, within the limits aforesaid ; and who shall not 
 
1851.] BERMUDA ACTS. 571 
 
 forthwith take effectual means to prevent such probable danger, ob- 
 struction, injury, or damage, after notice thereof given him by the 
 Wharfinger, shall forfeit and pay a penalty of not less than two p*"*"?- 
 pounds, nor more than five pounds for every such offence ; and shall 
 also be liable to pay the expense of having his Yessel Moored by the 
 "Wharfinger in such way as the Wharfinger shall deem proper, which 
 the Wharfinger is hereby authorized to cause to be done, at any time 
 after the expiration of twenty-four hours after such notice given. 
 
 lY. Fourth. — That the Landing Places within the limits aforesaid. Landing 
 opposite to Queen Street, to Burnaby Street, and to Lot Number One Lp^ouar.' 
 Hundred and Fifty of the Front Street, shall be kept open and clear 
 for the free access and passage of Boats and Craft at the Water side, 
 for the space of twenty feet at each of those Landing places respect- 
 ively, as marked by Posts to be set up for that purpose ; and in case 
 of such free access and passage being obstructed by the Hull, Spars, 
 Eigging, Ropes, or moorings of any V essel, and such obstruction not 
 being immediately removed after notice thereof given by the Wharf- 
 inger, to the Master or Person in charge of, Owner, or part Owner, of 
 any such Yessel, such Master or Person in charge. Owner or Part 
 Owner, shall forfeit and pay a Penalty of not less than Ten Shillings, Penalty. 
 nor more than Two Pounds, for every such offence ; and shall also be 
 liable to pay the expense of such obstruction being removed by the 
 Wharfinger, which the Wharfinger is hereby authorized to cause to 
 be done. Provided always, that with respect to the said Landing ProTiao. 
 place opposite to Lot Number One Hundred and Fifty, near which 
 the Public Crane is erected, Yessels may be allowed to lie there while 
 actually engaged in Discharging, or Loading any Cargo without in- 
 curring the Penalty aforesaid, and no longer. 
 
 Y. Fifth. — ^That every Person who shall wantonly cut loose, cast loosing 
 off, set adrift, or remove any Buoy, attached to the Anchor or Moor- ^"°^'' 
 ings of any Yessel within the Harbor of Hamilton, shall forfeit and 
 pay a penalty of not less than One Pound, nor more than Five Penalty. 
 Pounds. 
 
 YL Sixth. — That every Master or other Person in charge of, shore-fasts. 
 Owner or part Owner of any Yessel in the Port of Hamilton, and at 
 a distance of more than twenty yards from the shore, having a Pope 
 or Hawser fast at the shore of the Town of Hamilton, except for the 
 purpose of hauling in immediately to the shore, or of assisting such 
 Yessel to get under weigh, shall forfeit and pay a Penalty of not less p™''"^- 
 than Ten Shillings, nor more than Two Pounds for every such offence. 
 
 YII. Seventh. — That every Master, or other Person in charge of, Kopesfrom 
 Owner, or part Owner of any Yessel in the Port of Hamilton, having Tessei.'" 
 a Eope or Hawser fast to any other Yessel, except for the purpose of 
 immediately Warping or getting under Weigh, or except for the pur- 
 pose of Towing the same, shall forfeit and pay a Penalty of not less Penalty. 
 than Twenty Shillings, nor more than Two Pounds; and any Person 
 interrupted by such Kope or Hawser, may cut or cast loose the same. 
 Provided ahoays, that this Regulation be not deemed to prohibit any P'otUo. 
 two Yessels being Moored to each other at a distance of not more than 
 Twenty-five feet from each other for the purpose of Transhipping any 
 Cargo from one to the other. Provided also, that if any Boat veered ^^^i^o- 
 
572 
 
 BERMUDA ACTS 
 
 [1851. 
 
 MoTing Rub- 
 bish injuri- 
 ously to the 
 Harbour. 
 
 Penalty. 
 
 Lights in 
 Vessels at 
 Night. 
 
 Penalty- 
 
 Heating 
 Pitch, 4c-. 
 
 Penalty. 
 
 Penalty. 
 Proviso. 
 
 Pines, &o., 
 how recov- 
 ered and 
 applied; 
 
 astern of any Tessel lying in the said Port, shall not be hauled up 
 from time to time, so as not to obstruct other Vessels in passing, and 
 sxich Boat shall be run down, or run into, while so veered astern, the 
 Owner of such Boat, or the Master of the Yessel to which she may 
 belong, shall not be entitled to recover any Damages or Compensation 
 from the Master or Owner of the Vessel running her down, or run- 
 ning into her by reason thereof. 
 
 Vin. Eighth. — That every Master or other Person in charge of, 
 or Owner, or part Owner of any Vessel or Boat, and any Carman, or 
 other Person employed in Lading or Unlading, Ballasting, or Unbal- 
 lasting any Vessel or Boat into or from which shall be Laden or 
 Unladen any Ballast, Stone, Gravel, Earth, Sand, Soil, Filth, orEub- 
 bisb, of any kind, within the limits of the Port of Hamilton, in any 
 manner likely to be injurious to the Harbour of Hamilton^ or who 
 shall not cause the same, immediately after being Unladen and Landed 
 to be removed to a sufficient distance from the Sea shore ; or otherwise 
 secured to the. satisfaction of the Wharfinger, so as effectually to pre- 
 vent any risk of injury therefrom to the Harbour, shall forteit -and 
 pay a Penalty of not less than Ten Shillings, and not more than Five 
 Pounds for every such offence. 
 
 IX. Ninth. — That it shall not be lawful to have any Fire on Board 
 of any Vessel in the Port of Hamilton later at night than Ten o'clock, 
 except a light in a Lanthorn in the Cabin of such Vessel, when there 
 required by the Master, Mate, or Ship Keeper in charge of such Ves- 
 sel, or by any Cabin Passengers occupying such Cabin ; and in case 
 of any infringement of this Kegulation, the Master or other Person 
 in charge of, or any Owner, or part Owner of any such Vessel, shall 
 forfeit and pay a Penalty of not less than Ten Shillings, nor more 
 than Twenty Shillings for every such offence. 
 
 X. Tentli. — ^That any Master of a Vessel, or other Person Heating 
 or Boiling Pitch, Tar, Turpentine, Grease or any other inflammable 
 matter, or causing the same to be Heated or Boiled within the limits 
 of the said Township, or of the said Port, at a less distance than 
 Twenty feet from his Vessel, or from any other Vessel, or from any 
 Pile of Boards, Shingles, Staves or other Lumber, shall forfeit and pay 
 a Penalty of not less than Ten Shillings, nor more than Two Pounds 
 for every such offence ; and any Person Heating, or Boiling, or caus- 
 ing to be Heated or Boiled, any such inflammable matter within the 
 limits aforesaid, in case such inflammable matter shall take fire in 
 consequence of any negligence, shall forfeit and pay a penalty of 
 Twenty Shillings. Provided always, that this Eegulation be not 
 deemed to prohibit the use of such gentle Fires in Boats, Craft, or 
 Floating Stages, as have been used for continuing the Heat of Pitch, 
 or other Stun while the same is being payed on any Vessel. 
 
 XL Eleventh. — That all Fines, Forfeitures, and Penalties arising 
 under this Ordinance, may be sued for and recovered, with costs of 
 suit, before the Police Magistrate of the Town of Hamilton, or any 
 other Justice of the Peace, such other Justice of the Peace not being 
 a Mayor, Alderman or Common Councilman of the said Town, either, 
 in like manner as debts not exceeding Three Pounds are recoverable, 
 
1851.J BERMUDA ACTS. 573 
 
 and with the like right of Appeal, or may he enforced, sued for, and 
 dealt with in like manner as Penalties upon summary Convictions may 
 he enforced, sued for, and dealt with, under the Act for improving 
 " the Police in and near the Towns of Hamilton and Saint George, 
 and for other purposes ;" and that one half of all such Fines, Forfeit- 
 ures and Penalties, when recovered, shall go to the Wharfinger of the 
 said Town for the time being, together with the expenses incurred by 
 him : and the other half to the Mayor, Aldermen, and Common Coun- 
 cil of the said Town, in aid of their funds for Repairing the Wharfs 
 in the said Town : and that the Wharfinger may be admitted as a 
 Witness, in any such Suit, notwithstanding he may be interested in 
 the Penalty in the event of the offender being convicted. 
 
 XII. Twelfth.— That nothing in this Ordinance contained, shall prite°partie, 
 be deemed to deprive any party, aggrieved by any of the offences ^I^^^J^^,"^ 
 aforesaid, of any remedy to which he would have been entitled had ecy. 
 
 this Ordinance not been passed. 
 
 XIII. Thirteenth. — That this Ordinance be and continue in force Duration. 
 until and throughout the last day of December which will be in the 
 
 year of our Lord One Thousand and Eight Hundred and Fifty Six. 
 
 Passed the Corporation of the Town of Hamilton, this Fourth Day 
 of August, One Thousand, and Eight Hundred and Fifty-Qne. 
 
 HENKY JAMES TUCEIE, Mayor. 
 
 JOS. J. OUTERBEIDGE, ) 
 THOMAS HALL, [Aldermen. 
 
 WILLIAM B. PEEOT, ) 
 
 SAMUEL NASH, ) ^ 
 
 THOMAS NEWBOLD, ' ^"'^^^'^ 
 
 B. H. YOUNG-, ) 
 
 [Continued to end of 1865, by Act of 1855, No. 9.] 
 
 Council. 
 
 Sess. II.— 1851. No. 7. 
 
 AN ACT making Regulations for Suppressing and Preventing Fires 
 in the Town of Mamilton. 
 
 [16 September, 1861.] 
 
 WHEREAS the Mayor, Aldermen, and Common Council of the preamble. 
 Town of Hamilton, have Imported a Fire Engine for the said Town, 
 and require Regulations to be made for securing the use of it in case 
 of Fires : — 
 
 I. We, therefore, &c., and be it enacted, &c., that the Mayor, jj^e wards 
 Aldermen, and Common Council of the said Town, shall enrol in a ^"^^^jj^^j^^ 
 Book to be kept by them for that purpose, the names of all the Male Engine Mei 
 
574 
 
 BERMUDA ACTS, 
 
 [1851. 
 
 Men bow Inhabitants of the said Town not younger than Sixteen years, nor 
 appointed, older than Fifty, and out of such number so enrolled, shall as soon as 
 conveniently may be, after the passing of this Act, and thereafter, 
 annually in the Month of January during the continuance of this Act, 
 appoint Three Persons to be Fire Wards, and Four Persons to be Fire 
 Constables for the said Town, and who shall when thereunto required 
 by the Mayor, make and subscribe "a Declaration before the Mayor, 
 for the faithful discharge of the duties required of them under this 
 Act; and if any Fire Ward or Fire Constable so appointed, shall neg- 
 lect to make such Declaration within a reasonable time after being 
 notified of his appointment, or having made such Declaration, shall 
 neglect his duty, he shall forfeit a sum not exceeding Forty Shillings; 
 always provided however, that on any reappointment of such Fire 
 Wards or Fire Constables, it shall not be necessary for the Person so 
 reappointed to renew such Declaration : and such Fire Wards or Fire 
 Constables shall have a suitable Staff assigned them, as a Badge of Office 
 at the expense of the said Town ; and tlie said Mayor, Aldermen, and 
 Common Council, shall also appoint Eight Persons to be Engine Men, 
 and Twenty Persons to be Fire Men, and One Person to be the 
 Keeper of the Engine and the Fire Implements in and for the said 
 Town : always provided, that it shall be lawful for any person ap- 
 pointed to any one of the situations in this Act specified, to act by any 
 Substitute that may be approved by such Mayor, Aldermen, and 
 Common Council. 
 
 n. And be it, &c., that the Mayor, Aldermen, and Common 
 Council of the Town of Hamilton, shall provide at the expense of 
 the said Town, as many Fire Caps as they shall judge necessary — 
 Two Ladders with Hooks, one of which Ladders shall be at least 
 Twenty-five feet in length, and the other at least Sixteen feet in length, 
 one Fire Hook, Two Axes, One Saw, One Hundred Water Buckets, 
 Twelve of which to be made of Leather, and Twelve large Bags, as 
 Fire Implements, and shall deposit them in the most convenient place 
 of the Town of Hamilton, under the care and charge of the Engine 
 Keeper. 
 
 in. And be it, &c., that upon the breaking out of a Fire in the 
 said Town, the Fire Wards taking their Badges with them shall forth- 
 with repair to the spot, and there take charge of the Fire Constables, 
 Engine Men, and Fire Men, and with their assistance use their utmost 
 endeavors to extinguish and prevent the spreading of the Fire and 
 to preserve and secure the Property of the Inhabitants ; and if neces; 
 sary for that purpose, shall command the assistance of the Inhabitants 
 therein, as well as of the Town generally; and in removing prop- 
 erty out of any Building actually on Fire, or in danger thereof, shall 
 appoint Guards to secure and take care of the same ; and further, 
 shall command assistance to suppress Tumults and Disorders — and for 
 any disobedience of their orders, the Offender shall be liable to a 
 Penalty not exceeding Forty Shillings, and if he shall not pay the 
 same with Costs, he shall be Imprisoned for a period not exceeding Ten 
 days. 
 
 Duties of ^ rV. And be it, &c., that the Fire Constables, taking their Badges 
 
 bi^B, °°^ *" with them, shall upon the breaking out of a Fire, attend upon the Fire 
 
 May act by 
 substitute. 
 
 Implements 
 to be provi- 
 ded. 
 
 Duties and 
 powers of 
 Fire Wards. 
 
1851.] BERMUDA ACTS. 575 
 
 "Wards, and act under their direction in subduing the Fire, keeping 
 Order, and preventing Thefts ; and any Fire Constable neglecting to 
 attend or act, as herein required, shall forfeit a sum not exceeding 
 Forty Shillings. 
 
 V. And be it, &c., that the Engine Men shall meet under the di- andEngino- 
 rection of a Fire Ward, not less than Four times a year, as the Fire "™' 
 "Wards shall direct, for the purpose of examining and working the 
 Engine, and seeing that it be kept in good order together with the 
 Apparatus belonging to it, and all the Fire Implements, provided for 
 use in case of danger ; and upon an alarm of Fire, they shall repair 
 forthwith with their Engine, to the place where the fire shall have 
 been discovered, and work the same under the direction of the Fire 
 "Wards, and in case of necessity any one of such Engine Men shSU have 
 the power of a Fire Ward to command necessary assistance in taking 
 the 'Engine to a Fire ; and any Person refusing to obey his orders 
 therein, shall be liable to the same fine as herein imposed for disobey- 
 ing a Fire Ward, upon the breaking out of a Fire. 
 
 YI. And be it, &c., that the Fire Men shall upon an alarm ofandKre- 
 Fire at once repair to the place of Deposit of the Fire Implements and °'^°' 
 bring the same to the place where the Fire shall have been discovered, 
 and shall there diligently use the same, under the direction of the Fire 
 Wards, in such way as may be deemed most useful for extinguishing 
 the Fire ; and in case of necessity any one of such Fire Men shall have 
 the power of a Fire Ward to command assistance in taking the Fire 
 Implements to any Fire, and any Person refusing to obey his orders 
 therein, shall be liable to the same Fine as herein imposed for disobey- 
 ing a Fire Ward upon the breaking out of a Fire. 
 
 YII. And be it, &c., that it shall be the duty of the Engine Keeper and Engine- 
 to keep the Engine, the Apparatus belonging to it, and me Fire Im- k«^p"' 
 plements clean and in good working order and condition ; and when- 
 ever any or either of them shall require to be renewed or repaired, to 
 report the same to the Fire Wards, whose duty it shall be, to In- 
 spect such injury or decay, and to lay a statement thereof, before the 
 Mayor, Aldermen, and Common Council of the Town of Hamilton. — 
 And upon the breaking out of a Fire, to see that the Engine be deliv- 
 ered to the Engine Men, and the Fire Implements to the Fire Men, 
 with the least possible delay ; to go with them to the Fire, to use his 
 utmost exertions, under the authority of the Fire Wards for suppress- 
 ing it, and to the utmost of his power, that the Engine and Fire Im- 
 plements be taken care of. 
 
 VIII. And be it, &c., that no Person shall at a Fire, break open penalty on 
 any Building, or order others to do so, "unless orders therefor have been *''g*''^"f,j 
 first given by the Owner of the Building, or by not less than two Fire mga, without 
 Wards, or by one Fire Ward, with any Justice of the Peace, then ™"^°"'y- 
 present, and any Person violating this provision, shall for every ofi"ence 
 forfeit a Sum not exceeding Five Pounds. 
 
 IX. And be it, &c., that it shall be the duty of the Fire Wards i^llemtSfs 
 to see that the Engine and Fire Implements be returned to their place ft°Jand°°" 
 of Deposit, as soon after the Fire as possible, and if thereafter any one used. 
 
 73 
 
576 
 
 BERMUDA ACTS. 
 
 [1851. 
 
 Pay of En- 
 gine Keeper 
 and Engine 
 Men. 
 
 or more of them shall be found in the possession of any Person not 
 authorized to have them, he shall forfeit a Sum not exceeding Forty 
 Shillings, and any such Person who shall use suchlmplements, ex- 
 cept at a Fire, or on any alarm thereof, or under the direction of a Fire 
 Ward, or Engine and Implements Keeper, as herein directed, shall 
 forfeit a like Sum ; and any Engine Man, or Engine Keeper, or any 
 Fire Man, who shall refuse to obey the orders of a Fire Ward for re- 
 turning the same or any of them, to their place of Deposit, shall for- 
 feit a like Sum. 
 
 X. And be it, &c., that the Mayor, Aldermen, and Common 
 Council of the said Town shall pay to the Keeper of the Engine and 
 Implements for the services required of him under this Act, any Sum 
 not exceeding Twelve Pounds per year ; and to each of the Engine 
 Men, any Sum not exceeding Eight Shillings per day for his services 
 in examining and working the Engine, and seeing that the Engine, the 
 Apparatus belonging to it, and the Fire Implements are all kept in 
 good order, as provided for in the fifth Section of this Act. 
 
 XI. And be it, &c., that if any person shall wilfully destroy or 
 injure any Public Well or Pump, or any Engine or Fire Implement 
 within the limits of the Town of Hamilton, he shall forfeit Five Pounds, 
 and in default of payment may be imprisoned for not more than thirty 
 days. 
 
 XII. And whereas the Sweeping of Chimneys in the Town of 
 Hamilton will tend to prevent Fires therein, be it enacted that the 
 Mayor, Aldermen, and Common Council of the said Town may Nom- 
 inate and Licence one or more Chimney Sweepers for the Town of 
 Hamilton, and if any person shall act in that capacity without being 
 so Licenced, he may on a Summary Conviction thereof, be imprisoned 
 for a period not exceeding one month. 
 
 Corporation' XIII. And bc it, &c., that the Mayor, Aldermen, and Common 
 to make reg- Couucil of the Town of Hamilton shall have power and aiithority to 
 fo?8WMp?ng make such Regulations respecting the times of sweeping Chimneys, 
 ciiimneyB. g^jj^ ^q g^ ^t^q ^mn. to be paid to Chimney Sweepers for doing so, as 
 they shall judge right ; and if a Fire shall happen in any Building 
 from any Chimney of the said Building having taken Fire by reason 
 of the same not having been properly swept, so as to create alarm, or 
 to endanger any neighbouring Building, and the Occupants of the 
 Building where the Fire occurs cannot make it appear that such Chim- 
 ney has been swept by a Licenced Sweeper, they shall forfeit Ten 
 Penalty. ShiUiugs, to be recovered in the name of the Mayor, Aldermen, and 
 Common Council, and any Member of the Corporation of Hamilton 
 who shall be aware of the offence, and shall not prosecute for the Pen- 
 alty within Seven days thereafter, shall forfeit five Pounds. 
 
 vacanc of ^^- -^"^^ be it, &c.. That in case of a Vacancy occurring by 
 Fire w7rds. Death, continued Sickness, or Absence from the Colony, of any Fire- 
 bies, 4°°!'^" Ward, Fire Constable, Fire Man, Engine Man, or Engine Keeper, or 
 how' filled, in case any one of such Officers shall attain the age of Fifty years, the 
 Mayor, Aldermen, and Common Council shall appoint another Person 
 
 Penalty on 
 Injuring 
 Wells, 
 Pumps, En- 
 gine, &c. 
 
 Chimney 
 Sweepers to 
 be licenced. 
 
1851.] BERMUDA ACTS. 577 
 
 in his stead for the residue of the year, out of the number of persons 
 enrolled for that purpose under the authority of this Act. 
 
 XV. And be it, &e., That the Clerk of the Vestry of the Parish f„'°,ff ™df 
 of Pembroke shall furnish annually to the Treasurer of the Corporation by oorpora- 
 of Hamilton, on being requested by him to do so, and on receiving »? eh'^m'^ 
 Four Shillings for the same, a certified and detailed statement of the K«ep=''. *■=• 
 value of all the Keal and Personal Property in the said Town, as 
 valued for the last Parish Assessment preceding such application — 
 upon which valuation of Property the Mayor, Aldermen, and Common 
 Council of the Town of Hamilton are hereby authorized and required 
 to assess annually during the continuance of this Act, all Persons 
 owning Property in the said Town, for any Sum not exceeding Forty 
 Pounds, in the same manner as Parish Expenses are Assessed for ; and 
 to apply the same towards the payment of the Engine and Imple- 
 ments Keeper, and the Engine Men as herein authorized, and in case 
 of refusal of payment by any Person or Persons so Assessed, the 
 same shall be sued for and recovered by the Treasurer of the said 
 Mayor, Aldermen and Common Council, before the Police Magistrate 
 for the said Town, or any other Justice of the Peace, in like manner as 
 Parish Eates are recoverable, and with the like right of Appeal. 
 
 XVI. And be it, &c., That by way of Compensation to the Fire Fire wards, 
 "Wards, Fire Constables, and Fire Men, for the duties enjoined on f^-jroSm* 
 them by this Act, they shall severally be exempt while in OflBce from assessment, 
 any Assessment authorized by the Fifteenth Section of this Act : and ten years 
 also from any of the said duties after ten years of Service in any one ^^tother 
 or more of the said Capacities by himself or by Substitute. service. 
 
 XVH. And be it, &c., That it shall be the Dutjr of the Fire Firewards, 
 Wards and the Fire Constables of the Town of Hamilton, and the *°-t'^„f" 
 Members respectively, of the Corporation of the said Town, to prevent frmgement 
 as far as possible any Infringement o? Violation of this Act. 
 
 XVIII. And be it, &c., That all Fines, Forfeitures, and Penalties, Fines, 4c., 
 arising ^nder this Act, may be sued for and recovered with Costs of er^i^and 
 Suit, before the Police Magistrate of the Town of Hamilton, or any appucatie. 
 other Justice of the Peace, such other Justice of the Peace not being 
 
 a Mayor, Alderman, or Common Councilman of the said Town, as 
 Debts not exceeding Three Pounds are recoverable, and with the like 
 right of Appeal, or may be enforced, sued for, and dealt with in like 
 manner as Penalties upon Summary Convictions may be enforced, 
 sued for, and dealt with, under the Act " for improving the Police in 
 and near the Towns of Hamilton and St. George, and for other pur- 
 poses"— and that all such Fines, Forfeitures, and Penalties, when re- 
 covered, shall go to the Mayor, Aldermen, and Common Council of 
 the said Town, in aid of their Funds for keeping the Fire Engine and 
 Fire Implements in good order. 
 
 XIX. And be it, &c.. That this Act be and continue in force ^^^^^^^^^ 
 until the last day of December in the year One thousand eight hundred 
 
 and Fifty-Three. 
 
 [Continued to the end of 1870, by Act of 1859, No. 5.] 
 
578 BERMUDA ACTS. [1851. 
 
 Sess. II.— 1851. No. 8. 
 
 AN ACT to Facilitate the Draining of certain Marshes in the 
 Parish of Pembroke. 
 
 [29 September, 1851.] 
 
 Preamble. WHEEEAS certain Acts of the Legislature of these Islands — 
 
 that is to say : " An Act for the encouragement of the Drainage of 
 Marsh Lands ;" and " An Act for Draining certain Marshes in the 
 Parish of Pembroke," — were respectively passed in the years One 
 Thousand Eight Hundred and Thirty-seven, and One Thousand Eight 
 Hundred and Eorty, for limited periods of time ; and whereas the last 
 mentioned Act, which contained Regulations for keeping in Repair 
 the works thereby authorized to be constructed, has expired ; and a 
 Petition from the Owners of the said Pembroke Marshes has been 
 presented to the Legislature, praying that certain parts of the said Act 
 passed in the year One Thousand Eight Hundred and Forty, may be 
 renewed, it is deemed expedient to accede to the request of the Peti- 
 tioners : — 
 
 Commission- L We, therefore, &c., and be it enacted, &c., that it shall be law- 
 lilctel M for the Proprietors of the two Marshes situated in the Parish of 
 Pembroke, distinguished as the Eastern and Western Marshes, and 
 fully described in the said Act, passed in the year One Thousand Eight 
 Hundred and Forty, (or a majority of such Proprietors whose interest 
 therein shall not be less than two- thirds of the said Marshes,) at a meet- 
 ing to be held in the Town of Hamilton, on some certain day within 
 Three Calendar Months after this Act shall commence in operation, 
 and thereafter in the month of January in every succeeding year, (to 
 be notified by advertisement in one or more of the Newspapers pub- 
 lished in these Islands) to elect (lay themselves or by Proxy, as herein- 
 after mentioned) five of the said Proprietors, two of whom shall be 
 Proprietors of part of the Eastern Marsh, to act as Commissioners 
 for carrying into efifect the purposes of this Act, any three oT whom 
 shall be competent to execute the same. And the said Persons so 
 elected, shall be Commissioners for one year and until others shall be 
 chosen in their stead. 
 
 Votes of ma- II. And be it, &c., that at any such election of Commissioners and 
 pSrato"" at any other meeting of the Proprietors of the said Marshes, the 
 be binding. Yotes of a majority thereof, then present, or represented by proxy as 
 hereinafter mentioned, and competent to vote as is hereinafter men- 
 tioned, shall bind the whole for the purposes of this Act. Provided 
 ProTiso. always, that not less than five of the said Proprietors, of whom not 
 less than two shall be Proprietors of part of the said Eastern 
 Marsh, shall constitute a meeting, and that no such meeting shall 
 be valid unless six days previous notice thereof, be given by 
 advertisement in one or more of the Newspapers published in these 
 Islands. 
 
 Qoaiiflcation ^- "^^^ ^^ ^*' ^^-i *^^* ^^ Proprietor of the said Marshes own- 
 of Voters, ing Icss than half of an acre thereof (either in his own right or enti- 
 
1851.J BERMUDA ACTS. 579 
 
 tied to the rents and profits thereof to his own use) shall be entitled 
 to vote at any meeting of the said Proprietors — but any Proprietor who may 
 competent to vote as aforesaid, who may be absent from these Islands, proxy.^ 
 or otherwise unable to attend such meeting, may vote by proxy ap- 
 pointed by writing under his hand — and every female Proprietor, al- 
 though able to attend such meeting, may vote by proxy appointed by 
 writing under her hand. Provided always, if there be more than one proviso. 
 Proprietor of any one parcel of the said Marsh Lands that only one of 
 such Proprietors shall be entitled to vote at any such meeting, unless 
 the share of each Joint Proprietor of such parcel shall be at least half 
 of an acre of Land. 
 
 IV. And whereas the expense of a regular Survey of the said Former esU- 
 Marshes would be disproportionate to that of the improvements con- quantities of 
 templated by this Act : Be it enacted, that the Estimate of the respec- us°d*'°''° 
 tive quantities of the several parcels of the said Marsh Lands which 
 
 was made, in virtue of the power given by the Fourth Section of the 
 said Act, passed in the year One Thousand Eight Hundred and Forty 
 and approved of by the Proprietors, shall be deemed and taken as the 
 Estimate for ascertaining and determining the proportion of expense to 
 be borne by the respective Proprietors of the said Marsh Lands, for 
 any of the purposes of this Act, and the same shall be entered in a 
 Book to be kept for the purpose, and be signed or certified by the said 
 Commissioners. 
 
 V. And be it, &c., that the said Commissioners, or any three or commission- 
 more of them, shall once in every quarter of a year from and after the Drain^*°' 
 commencement of this Act, and at any other time or times, (as they oftjefs"""' 
 shall see cause,) meet in the said Parish of Pembroke, and at any such 
 meeting (or at any adjourned meeting,) shall have power and author- 
 ity to make orders and give directions for the work of draining the 
 
 said Pembroke Marshes and for the maintenance and reparation of 
 the "Works already erected or hereafter to be made and erected for 
 draining the said Marshes — and also to appoint a Secretary and 
 Treasurer and a Collector, and other proper OfScers, for the making, 
 superintending, and taking care of such "Works and collecting the 
 assessments which shall be made for draining the said Marshes and 
 maintaining the said "Works ; and from time to time to remove and 
 displace any such Officer, and appoint another person in his stead, as 
 occasion may require. 
 
 VI. And be it, &c., that it shall be lawful for the said Commis- ^f'^'™^e" 
 sioners, or any three or more of them, at any such meeting or meet- 
 ings to be held as hereinbefore directed, to assess and charge the 
 several Owners or Occupiers of the said two Pembroke Marshes for 
 
 such works as concern or are necessary for the drainage of both the 
 said Marshes, or of either of the said Marshes separately, with an 
 equal and proportionable Acre Tax (and in the like proportion for 
 any parcel of land less than an acre) in any sum or sums of money 
 not exceeding three shillings an acre, in every year, during the con- 
 tinuance of this Act, and for keeping the said "Works in proper order, 
 condition and repair, and to limit and appoint such certain days for 
 the payment of such assessment to the Collector thereof for the time 
 being, as the said Commissioners shall think proper. 
 
580 
 
 BERMUDA ACTS. 
 
 [1851. 
 
 AndicTied. VII. And be it, &c., that if any person so assessed as aforesaid, 
 shall refuse or neglect to pay the assessment charged upon him, within 
 the space of twenty days next after the respective time or times of 
 payment, to be appointed by the said Commissioners or any three of 
 them (public notice of such time or times of payment having been 
 given by advertisement in one or more of the Newspapers published 
 in these Islands) it shall be lawful for the Collector of such assessment 
 or for any other person by virtue of any Warrant or Precept under 
 the hand and seal of any one of Her Majesty's Justices of the Peace 
 for the said Islands, resident in the Parish of Pembroke, to levy such 
 assessment upon any goods and chattels of the Owner of such land, 
 which shall be found upon the land and premises so assessed, and the 
 goods and chattels so distrained, to keep for the space of four days (at 
 the cost and charges of the Owner thereof,) and if the Owner shall 
 not within the space of four days pay the said assessment, then the 
 goods and chattels so distrained shall be appraised by two or more 
 of the Inhabitants of the said Parish of Pembroke, and sold by the 
 said Collector for payment of the said assessment ; and the overplus 
 (if any) of the proceeds of the said goods and chattels (after satisfying 
 the said assessment) shall be returned to the Owner thereof, upon 
 demand : and the several and respective Tenants of all and singular 
 the said Pembroke Marsh Lands, or of any parcel thereof, which shall 
 be so assessed by virtue of this Act, are hereby authorized and required 
 to pay such sum or sums of money as shall be so assessed upon such 
 lands, and to deduct the same out of the rent which they are liable to 
 pay for such Marsh Land. And every Tenant paying such assessment 
 shall be acquitted and discharged for so much as the said assessment 
 shall amount unto, as if the same had been actually paid to the person 
 or persons to whom his rent would otherwise have been due and pay- 
 
 proviso, able. Provided always^ that in case no goods or chattels be found on 
 the Lands so assessed to satisfy the assessment, then any other goods 
 or chattels in the possession of such Owner shall in like manner be 
 
 Proviso. liable for such assessment. Provided also, that in case any of the 
 Owners of the said Pembroke Marshes shall be absolutely unable, by 
 reason of poverty or straitened circumstances, to pay tlie Acre Tax, 
 for which such Owner shall be assessed and chai'ged, and the Com- 
 missioners, or a majority of them shall be fully satisfied that such 
 inability proceeds from the cause herein mentioned, it shall be in their 
 discretion to relieve such Owner from the payment of the said Acre 
 Tax. 
 
 VIII. And whereas, a large portion of the said Eastern Marsh 
 consists of the Government Land near Mount Langton : Be it enacted, 
 that the Receiver General be, and he hereby is authorised and re- 
 quired to pay once in every year in which such assessment as afore- 
 said shall be levied during the continuance of this Act, the sum of 
 Four Pounds, unto the Collector of the Acre Tax aforesaid, which 
 Sum shall be deemed and taken to be the amount of assessment for 
 which such Land would be annually liable under this Act. 
 
 Proprietors IX. And bc it, &c., that it shall be lawful for the Proprietor of 
 may^make'' any lot or parccl of the said Marsh Lands, situate in the rear of any 
 waterways other lot or parccl thereof, which shall adjoin the central Canal, to 
 ca"ai! '° make and cut (at his own cost and expense) a water way or canal of 
 
 £ltobe 
 paid in lieu 
 of Assess- 
 ment on 
 Govern- 
 ment 
 Grounds. 
 
1851.] BERMUDA ACTS. 581 
 
 proper and sufficient width leading to the said central Canal, through 
 such front lot or parcel of land and Canal as near to the division or 
 boundary line of such parcel of land adjoining the said central Canal, 
 as may be convenient and practicable ; and in case of disagreement 
 between the Proprietors of any such parcels of land respecting such 
 water way, the Commissioners of the said Marshes, or any three or 
 more of them, shall have power and authority to order and direct the 
 same to be made as to them shall seem proper. 
 
 X. And be it, &c., That the Sluice-Gate and Sea Canal, with their siuice-Gate, 
 Dams, Mounds, and Causeway, and the experimental Canal made and causeway 
 erected under the authority of the said Act, " for the encouragement of be to^ge^n-'" 
 the drainage of Marsh Lands," — and also the Central Canal, already eraiuse, 
 made, and the Tunnel or Passage under the Poad, shall be, and remain 
 
 at all times hereafter, for the use and benefit of all the Proprietors of 
 the said Pembroke Marshes, in the draining of their respective parcels 
 of the said Marshes. 
 
 XI. And to the end that it may clearly appear what Monies are Accounts 
 raised from time to time by virtue of this Act, and how the same *° *'" ''^p'- 
 have been applied : Be it enacted. That the said Commissioners of the 
 
 said Marshes shall keep or cause to be kept a Book in which all 
 Assessments to be made under this Act shall be fairly entered ; and 
 also a Book of all Peceipts and disbursements, and relating to all 
 Monies received or disbursed by virtue of this Act, and that no Ac- 
 count shall be passed or allowed unless the same shall be made up and 
 kept in such Books respectively as aforesaid, and that once in every 
 Year (on a certain day to be appointed by Public Advertisement as 
 aforesaid) an Account of receipts and disbursements, shall be made up 
 and rendered to the said Commissioners, of any three of them, by the 
 Treasurer and Collector under this Act, who are hereby required to 
 attend upon the said Commissioners with proper Accounts of their 
 receipts and disbursements, and all Touchers for the same, and upon 
 consideration and examination thereof the said Commissioners, or any 
 three of them, are hereby empowered to allow and pass the said Ac- 
 counts, or such part thereof as they shall see just and reasonable ; and 
 such Accounts, or such part thereof , as shall be allowed by the said 
 Commissioners, or any three of them, under their hands, shall be fairly 
 entered in the Book to be kept for that purpose as aforesaid, — which 
 Book shall remain with the Secretary of the said Commissioners, and 
 may at any time be inspected by any Proprietor of any part of either 
 of the said Pembroke Marshes, at seasonable hours, without any fee or 
 reward. 
 
 XII. And be it, &c., That if any Person shall wilfully or ma- penalty on 
 liciously destroy, or in any wise injure any Sluice-gate, Dyke or other injuring the 
 work already erected or made, or which shall at any time hereafter be 
 erected or made, or shall in any way obstruct or damage the Central 
 Canal, or the Sea Canal, or any of the division drains, or other works, 
 
 for draining or improving the said Marshes, or shall open or other- 
 wise interfere with the Sluice-gate or Gates, so as to admit the sea- 
 water into the said Pembroke Marshes or either of them, or into the 
 Central Canal, and shall be thereof lawfully convicted before any one 
 or more Justice or Justices of the Peace for these Islands — every such 
 
582 
 
 BERMUDA ACTS. 
 
 [1852. 
 
 Proviso. 
 
 Person so Convicted, shall forfeit and pay for every such offence, such 
 sum of money, not exceeding Ten Pounds, as shall appear to such 
 Justice or Justices, a reasonable compensation for the damage or injury 
 sustained, with the Costs of the Proceedings, to be levied by distress 
 and sale of the goods and chattels of every such offender, by Warrant 
 under the hand and seal of any one or more of the said Justices — and 
 to be employed and laid out by the said Commissioners, or any three 
 of them, in repairing the damage committed as aforesaid, and in 
 carrying on the draining of the said Pembroke Marshes, and for want 
 of a suflBeient distress such Offender shall under the Warrant of any 
 such Justice or Justices be imprisoned for any time not exceeding 
 three Calendar Months, at the discretion of the said Justice or Justices. 
 Provided always, that nothing herein contained shall prevent any 
 Owner or Occupier of the said Marsh Lands from opening, closing, 
 or altering any cut or drain, or carrying on any other work on his 
 own land, not injurious to any other Owner or Occupier of the said 
 Lands. 
 
 Xni. Saving always, to the Queen's Most Excellent Majesty, Her 
 Heirs and Successors, and to all Bodies Politic and Corporate, and 
 their Successors, and to all and every other Person and Persons not 
 mentioned in this Act as Proprietors of the said Pembroke Marsh 
 Lands all such Estates, Rights and Interests as tliey, every or any of 
 them, could or might have had and enjoyed in case this Act had not 
 been made. 
 
 ndin XIY. Provided always, that this Act shall not be in force until 
 
 operaUon of Her Majcsty's Assent shall have been had thereto, and made known 
 
 "■^ ^'=*- within these Islands — and that this Act shall then be, and continue in 
 
 Duration forcc Until and throughout the last day of December, which will be in 
 
 the year One Thousand Eight Hundred and Fifty-eight. 
 
 [Confirmed by the Crown, 26 December, 1851. 
 Continued to the end of 1868, by Act of 1857, Ko. 20.] 
 
 Saving 
 Bights of 
 the Crown, 
 Ac. 
 
 1852. No. 9. 
 
 AN ACT for Further Imjoroving the Admvnist/ration of Criminal 
 
 Justice. 
 
 [29 June, 1852.] 
 
 Preamble. 
 
 WHEREAS in many cases the taking Bail for the appearance of 
 Persons charged with Felony, may be safely admitted without endan- 
 gering the appearance of such Persons to take their trial in due 
 course of law, and it is therefore expedient in such cases to amend 
 and extend the provisions in that respect of An Act passed in the 
 year of Our Lord One Thousand Eight Hundred and Thirty-six, inti- 
 tuled "An Act for improving the Administration of Criminal Justice 
 in these Islands." 
 
 I. We, therefore, &c., and be it enacted, &c., that it shall be 
 lawful for any two Justices of the Peace, if they shall think fit (of 
 
1852.] BERMUDA ACTS. 583 
 
 whom one or the other shall have signed the Warrant of Commitment) two jusucea 
 to admit any Person or Persons charged with Felony, or against whom persons™"' 
 any "Warrant of Commitment for Felony is signed, to Bail, in the w'!* felony 
 manner and according to the provisions directed by the said recited '" ^a" in 
 Act, in such Sum or Sums of Money, and with such Surety or Sure- caLs." 
 ties as they shall think fit : And notwithstanding such Person or 
 Persons shall have confessed the matter laid to his or their charge, or 
 notwithstanding such Justices shall not think that such charge is 
 groundless, or shall think that the circumstances are such as to raise a 
 presumption of Guilt. 
 
 II. Whereas Offenders sometimes escape Conviction on their Trials Preamble, 
 by reason of the technical strictness of Criminal Proceedings in matters 
 not material to the merits of the case : and whereas such technical 
 strictness may safely be relaxed in many instances, so as to insure the 
 Punishment of the Guilty without depriving the accused of any just 
 means of defence : And whereas a failure of justice sometimes takes 
 place on the trial of Persons charged with Felony and Misdemeanour 
 by reason of variances between the statement in the Indictment on 
 which the Trial is had, and the proof of Names, Dates, Matters and 
 Circumstances therein mentioned, not material to the merits of the case, 
 and by the mis-statement whereof the Person on trial cannot have been 
 prejudiced in his defence : — 
 
 Be it, &e., that whenever on the Trial of any Indictment for any The court 
 Felony or Misdemeanour, there shall appear to be any variance between "rta^vari- 
 the statement in such Indictment and the evidence offered in proof materi°r\o 
 thereof, in the name of any Island, City, Town, Parish, Township, or the merits. 
 Place, mentioned or described in any such Indictment or in the name 
 or description of any Person or Persons or Body Politic or Corporate 
 therein stated or alleged to be the Owner or Owners of any Property, 
 real or personal, which shall form the subject of any Offence charged 
 therein, or in the name or description of any Person or Persons, Body 
 Politic, or Corporate therein, stated or alleged to be injured or damaged, 
 or intended to be injured or damaged by the Commission of such 
 Offence, or in the Christian name or Surname, or both Christian name 
 and Surname, or other description whatsoever of any Person or Persons 
 whomsoever therein named or described, or in the name or description 
 of any Matter or Thing whatsoever therein named or described, or in 
 the Ownership of any Property named or described therein, it shall 
 and may be lawful for the Court before which the Trial shall be had, 
 if it shall consider such variance not material to the merits of the case, 
 and that the Defendant cannot be prejudiced thereby in his defence 
 on such merits, to order such Indictment to be amended, according to ■^^p^^^'^^y 
 the proof, by some Officer of the Court or other Person, both in that withorPost- 
 part of the Indictment where such variance occurs and in every other Sb^cfore 
 part of the Indictment, which it may become necessary to amend, on "^'|,t\^^""' 
 such terms as to Postponing the trial to be had before the same or jury. 
 another Jury, as such Court shall think reasonable : And after any 
 such amendment the Trial shall proceed whenever the same shall bo 
 proceeded with, in the same manner in all respects, and witli the same 
 consequences both with respect to the liability of Witnesses to be in- 
 dicted for Perjury and otherwise, as if no such variance had occurred : 
 And the order for the amendment shall bo endorsed on some part of 
 74 
 
584 BERMUDA ACTS. [1852. 
 
 the Kecord, or entered in the Minute Book of the Proceedings of the 
 Court : And thereupon such Papers, KoUs and other Kecords of the 
 Court as it may be necessary to amend shall be amended accordingly: 
 
 Proviso. Provided that in all such cases where the Trial shall -be so Postponed 
 as aforesaid it shall be lawful for such Court to respite the Kecogniz- 
 ances of the Prosecutor and Witnesses, and of the Defendant and his 
 Surety or Sureties (if any) accordingly, in which case the Prosecutor 
 and Witnesses shall be bound to attend to prosecute and give evidence, 
 respectively, and the Defendant shall be bound to attend to be Tried, 
 at the time and place to which such Trial shall be Postponed, without 
 entering into any fresh Kecognizances for that purpose, in such and the 
 same manner as if they were originally bound by their Keeognizanees 
 to appear and Prosecute or give Evidence at the time and place to 
 
 Proviso. which such Trial shall have been so Postponed : Provided cdso, that 
 where any such trial shall be to be had before another Jury, the Crown 
 and the Defendant shall respectively be entitled to the same Chal- 
 lenges as they were respectively entitled to before the first Jury was 
 sworn. 
 
 Verdicts and HI. And bc it, &c., that every Verdict and Judgment which shall 
 ■""hT^w ^® given after the making of any amendment under the provisions of 
 amend- this Act shall be of the same force and effect in all respects as if the 
 ments. Indictmcut had originally been in the same form in which it was after 
 such amendment was made. 
 
 Records to ^' -^^<i he it, &c., that if it shall become ncccssary at any time 
 
 be drawn up for any purpose whatsoever to draw up a formal Record in any case 
 tStag'tiie"" where any amendment shall have been made under the provisions of 
 m"nt.*" *^i^ -^^^^ ^^^^ record shall be drawn up in the form in which the In- 
 dictment was after such amendment was made, without taking any 
 notice of the fact of such amendment having been made. 
 
 inind-ct- ^' "^°^ ^® ^*'' *^^'' *^^* '^^ ^^^ Indictment for Murder or Man- 
 
 mentsfor slaughter it shall not be necessary to set forth the manner in which, 
 Mansi^u^* Or ^^^ moans by which, the death of the deceased was caused, but it 
 rasLr'to"'"" ^^^ ^® sufficient in every Indictment for Murder to charge that the 
 set forth Defendant did Feloniously, Wilfully and of his Malice aforethought 
 deTth! °' KiU and Murder the deceased ; and it shall be sufficient in every In- 
 dictment for Manslaughter to charge that the Defendant did feloni- 
 ously kill and slay the deceased. 
 
 Form of in- ^I- ^"^^ ^c it, &c., that iu auy Indictment for Forging, Uttering, 
 
 ftr p^rg^ Stealing, Embezzling, Destroying, or Concealing — or for Obtaining 
 
 uttering, ' by false pretences, any Instrument, it shall be sufficient to describe 
 
 Embezltog, such Instrument by any name or designation by which the same may 
 
 i^e^^'^' t)e usually known, or by the purport thereof, without setting out any 
 
 ments by Copy or facsimile thereof, or otherwise describing the same or the 
 
 I3.1S6 pr6" -1 , ■) n " 
 
 tences. value thercoi. 
 
 And engrav- ^^E- -^Q<i ^^ i*) «^c., that iu any Indictment for engraving or 
 mfnte'rti' making the whole or any part of any Instrument, Matter or Thing 
 whatsoever, or for using or having the unlawful possession of any 
 Plate or other Material upon which the whole or any part of any In- 
 strument, Matter or Thing whatsoever shall have been engraved or 
 
1852.] BERMUDA ACTS. 585 
 
 made, or for having the unlawful possession of any Paper upon which 
 the whole or any part of any Instrument, Matter, or Thing whatsoever 
 shall have been made or printed, it shall be sufficient to describe such 
 Instrument, Matter, or Thing by any name or designation by which 
 the same may be usually known, without setting out any Copy or 
 facsimile of the whole or any part of such Instrument, Matter or 
 Thing. 
 
 VIII. • And be it, &c., that in all other cases wherever it shall be Ana in other 
 necessary to make any averment in any Indictment as to any Instru- 
 ment, whether the same consists wholly or in part of writing, print or 
 figures, it shall be sufficient to describe such Instrument by any name 
 
 or designation by which the same may be usually known, or by the 
 purport thereof, without setting out any Copy or facsimile of the 
 whole or any part thereof. 
 
 IX. And be it, &c., that it shall be sufficient in any Indictment s„flicientin 
 for Forging, Uttering, Offering, Disposing of, or Putting Off any In- '=«^'*^'^^ g^,, 
 strument whatsoever, or for obtaining or attempting to obtain any prop- lege intent 
 erty by false pretences, to allege that the Defendant did the act with g°enerauy? 
 intent to defraud, without alleging the intent of the Defendant to be 
 
 to defraud any particular person ; and on the Trial of any of the 
 offences in this section mentioned it shall not be necessary to prove an 
 intent on the part of the Defendant to defraud any particular person ; 
 but it shall be sufficient to prove that the Defendant did the act charged 
 with an intent to defraud. 
 
 X. And Whereas Offenders sometimes escape conviction by rea- offenders in- 
 son that such persons ought to have been charged with attempting to reiony or 
 commit offences, and not with the actual commission thereof: For ^^^^^^'^\ 
 remedy thereof, be it enacted, that if, on the Trial of any person charged convicted 
 with any Felony or Misdemeanour it shall appear to the Jury upon ished'Sr 
 the Evidence that the Defendant did not complete the Offence charged, ae™me"^ 
 but that he was Guilty only of an attempt to commit the same ; such 
 person shall not by reason thereof be entitled to be acquitted, but the 
 
 Jury shall be at liberty to return as their Verdict, that the Defendant 
 is not Guilty of the Felony or Misdemeanour charged, but is Guilty of 
 an attempt to commit the same, and thereupon such person shall be 
 liable to be punished in the same manner as if he had been Convicted 
 upon an Indictment for attempting to commit the particular Felony 
 or Misdemeanour charged in the said Indictment : And no Person so 
 Tried as herein lastly mentioned shall be liable to be afterwards Pros- 
 ecuted for an attempt to commit the Felony or Misdemeanour for which 
 he was so Ti'ied. 
 
 XI. And be it,.&c., that if upon the Trial of any Person upon any 
 
 On Trial for 
 
 Indictment for Kobbery, it shall appear to the Jury upon the Evi- Robbery 
 deuce, that the Defendant did not commit the crime of Kobbery, but con^ctof 
 that he did commit an assault with intent to Rob, the Defendant shall ^S'to™"" 
 not by reason thereof be entitled to be acquitted, but the Jury shall '"'•• 
 be at liberty to return as their Verdict that the Defendant is Guilty 
 of an assault with intent to Hob ; and thereupon such Defendant shall 
 be liable to be punished in the same manner as if he had been con- 
 victed upon an Indictment for Feloniously assaulting with intent to 
 
586 
 
 BERMUDA ACTS. 
 
 [1852. 
 
 Persons 
 tried for mis- 
 demeanour, 
 not to be ac- 
 quitted, if it 
 amount to 
 felony, and 
 Court so di- 
 rect. 
 
 Clerks, etc., 
 indicted for 
 Embezzle- 
 ment, not to 
 be acquitted, 
 if it amount 
 to larceny — 
 and mc6 
 versa. 
 
 Eob : And no person so Tried as is herein lastly mentioned shaU be 
 liable to be afterwards Prosecuted for an assault witb. intent to com- 
 mit the Kobbery for whicb he was so Tried. 
 
 XII. And be it, &c., That if upon the Trial of any Person for any 
 Misdemeanour, it shall appear that the facts given in Evidence amount 
 in law to a Felony, such Person shall not by reason thereof be en- 
 titled to be acquitted of such Misdemeanour ; and no Person Tried 
 for such Misdemeanour shall be liable to be afterwards Prosecuted for 
 Felony on the same facts, unless the Court before which such Trial 
 may be had shall think fit in its discretion to discharge the Jury from 
 giving any Yerdict upon such Trial, and to direct such Person to be 
 Indicted for Felony ; in which case such Person may be dealt with in 
 all respects as if he had not been put upon his Trial for such Mis- 
 demeanour. 
 
 XIII. And be it, &c., That if upon the Trial of any Person in- 
 dicted for Embezzlement as a Clerk, Servant or Person employed for 
 the purpose or in the capacity of a Clerk, or Servant, it shall be 
 proved that he took the Property in question in any such manner as to 
 amount in Law to Larceny ; he shall not by reason thereof be entitled 
 to be acquitted ; but the Jury shall be at liberty to return as their 
 Yerdict, that such Person is not guilty of Embezzlement, but is guilty 
 of simple Larceny, or of Larceny as a Clerk, Servant or Person em- 
 ployed for the purpose or in the capacity of a Clerk or Servant, as the 
 case may be, and thereupon such person shall be liable to be punished 
 in the same manner as if he had been Convicted upon an Indictment 
 for such Larceny ; and if upon the Trial of any Person Indicted for 
 Larceny it shall be proved that he took the Property in question in 
 any such manner as to amount in Law to Embezzlement, he shall not 
 by reason thereof be entitled to be acquitted ; but the Jury shaU be 
 at liberty to return as their Yerdict that such Person is not guilty of 
 Larceny but is guilty of Embezzlement, and thereupon such Person 
 shall be liable to be punished in the same manner as if he had been 
 convicted upon an Indictment for sach Embezzlement ; and no Person 
 so Tried for Embezzlement, or Larceny as aforesaid shall be liable to 
 be afterwards Prosecuted for Larceny or Embezzlement upon the 
 same facts. 
 
 Upon indict- XIY. And bc it, &c., That if upon the Trial of two or more Per- 
 SintTy're- ^^^^ ludictcd for jointly receiving any Property, it shall be proved 
 ceiTing, that ouc or more of such Persons separately received any part of such 
 be'conJicted Property, it shall be lawful for the Jury to Convict upon such Indict- 
 fyKcSiriSg! ment such of the said Persons as shall be proved to have received any 
 part of such Property. 
 
 Baparate ac- 
 cessaries 
 may be in- 
 cluded in 
 one indict- 
 ment. 
 
 XY. And "Whereas it frequently happens that the Principal in a 
 Felony is not in custody or amenable to Justice, although several 
 Accessaries to such Felony or Keceivers at different times of Stolen 
 Property the subject of such Felony, may be in custody or amenable 
 to Justice : For the Prevention of several Trials, be it enacted— that 
 any number of such Accessaries or Keeeivers may be charged with 
 substantive Felonies in the same Indictment notwithstanding the 
 
1852.] BERMUDAACTS. 587 
 
 Principal Felon shall not be included in the same Indictment, or shall 
 not be in custody or amenable to Justice. 
 
 XYI. And be it, &e., That it shall be lawful to insert several Thi-ee Lar- 
 Counts in the same Indictment against the same Person for any num- SelnciS 
 ber of distinct acts of Stealing, not exceeding three, which may have 4" "j^^gS;' 
 been committed by him against the same Person within the space of 
 Six Calendar Months from the first to the last of such acts, and to 
 proceed thereon for all or any of them. 
 
 XVII. And be it, &c.. That if upon the Trial of any Indictment 
 for Larceny it shall appear that the Property alleged in such Indict- aiotment for 
 ment to have been Stolen at one time was taken at different times, "fTeverar^' 
 the Pfosecutor shall not by reason thereof be required to elect upon ceS'bV*'^ 
 which taking he will proceed unless it shall appear that there were proved, 
 more than three takings, or that more than the space of Six Calendar not bound 
 Months elapsed between the first and the last of such takings ; and in cept^n oei- 
 either of such last mentioned cases, the Prosecutor shall be required tain cases. 
 to elect to proceed for such number of takings not exceeding three, as 
 appear to have taken place within the period of Six Calendar Months 
 from the first to the last of such takings. 
 
 XYIII. And be it, &e.. That in every Indictment in which it 
 shall be necessary to make any averment as to any Money or any Bank Notes 
 Note of the Bank of England or any other Bank, it shall be sufficient Sel tt 
 to describe such Money or Bank Note simply as Money, without ™»°ey- 
 specifying any particular Coin or Bank Note ; and such allegation, so 
 far as regards the description of the Property, shall be sustained by 
 proof of any amount of Coin or of any Bank Note, although the par- 
 ticular species of Coin of which such amount was composed, or the par- 
 ticular nature of the Bank Note shall not be proved ; and in cases of 
 Embezzlement and obtaining Money or Bank Notes by false pretences 
 by proof that the Offender Embezzled or obtained any piece of Coin, 
 or any Bank Note, or any portion of the value thereof, although such 
 piece of Coin or Bank Note may have been delivered to him in order 
 that some part of the value thereof should be returned to the party 
 delivering the same, or to any other Person, and such part shall have 
 been returned accordingly. 
 
 XIX. And be it, &c.. That it shall and may be lawful for the Judges may 
 Judges or Judge of any of the Superior Courts of Common Law or sonTgSity 
 Equity in these Islands, or for any of Her Majesty's Justices or Com- beteithem 
 missioners of Assize, Oyer and Terminer or Gaol Delivery, or for any *<> be prose- 
 . Justices of the Peace holding any General or Quarter Sessions of the 
 Peace in these Islands, in case it shall appear to him or them that any 
 person has been Guilty of wilful and corrupt Perjury in any Evidence 
 given, or in any Affidavit, Deposition, Examination, Answer or other 
 Proceeding made or taken before him or them, to direct such Person 
 to be prosecuted for such Perjury, in case there shall appear to him or 
 them a reasonable cause for such Prosecution, and to commit such ^"^ commit 
 Person so directed to be Prosecuted until the next Assizes or Session 
 of the Court of General Assize for the Trial of Jury Causes unless And bind 
 such Person shall enter into a Eecognizance with two sufficient Sure- "^J"" 
 ties conditioned for the appearance of such Person at such next Assizes 
 or Session of the Court of General Assize, and that he will then sur- 
 
588 
 
 BERMUDA ACTS. 
 
 [1852, 
 
 simplifying 
 Indictments 
 for perjury 
 and Dtlier 
 offences. 
 
 render and take his Trial, and not depart the Court without leave, and 
 to require any Person he or they may think fit to enter into a Recog- 
 nizance conditioned to Prosecute or give Evidence against'such Person 
 so directed to be Prosecuted as aforesaid. 
 
 XX. And be it, &c., That in every Indictment for Perjury, or for 
 unlawfully, wilfully, falsely, fraudulently, deceitfully, maliciously or 
 corruptly, taking, making, signing or subscribing any Oath, Affirma- 
 tion, Declaration, Affidavit, Deposition, Bill, Answer, Notice, Certifi- 
 cate or other Writing, it shall be sufficient to set forth the substance of 
 the oifence charged upon the Defendant, and by what Court or before 
 whom the Oath, Affirmation, Declaration, Affidavit, JDeposition, Bill, 
 Answer, Notice, Certificate or other "Writing, was taken, made,^igned 
 or subscribed without setting forth the Bill, Answer, Information, 
 Indictment, Declaration, or any part of any Proceeding either in Law 
 or in Equity, and without setting forth the Commission or Authority 
 of the Court or Person before whom such Offence was committed. 
 
 And Indict- XXI. And be it, &c., That in every Indictment for subornation 
 subornation of Pcrjury, or for corrupt bargaining or contracting with any Person 
 etl"'^'^^' to commit wilful and corrupt Perjury, or for inciting, causing or pro- 
 curing any Person unlawfully, wilfully, falsely, fraudulently, deceit- 
 fully, maliciously or corruptly to take, make, sign or subscribe any 
 Oath, Affirmation, Declaration, Affidavit, Dej)osition, Bill, Answer, 
 Notice, Certificate or other Writing, it shall be sufficient wherever 
 such Perjury or other Offence aforesaid shall have been actually com- 
 mitted to allege the Offence of the Person who actually committed 
 such Perjury or other Offence in the manner hereinbefore mentioned, 
 and there to allege that the Defendant unlawfully, wilfully and cor- 
 ruptly did cause and procure the said Person the said Offence, in 
 manner and form aforesaid, to do and commit : And wherever such 
 Perjury, or other Offence aforesaid, shall noi have been actually com- 
 mitted, it shall be sufficient to set forth the substance of the Offence 
 charged upon the Defendant, without setting forth or averring any of 
 the Matters or Things hereinbefore rendered unnecessary to be set 
 forth or averred in the case of wilful and corrupt Perjury. 
 
 XXII. And be it, &c.. That a Certificate containing the substance 
 and effect only (omitting the formal part) of the Indictment and Trial 
 for any Felony or Misdemeanour purporting to be signed by the Clerk 
 of the Court, or other Officer having the custody of the Eecords of 
 the Court where such Indictment was tried, or by the Deputy of such 
 Clerk or other Officer (for which Certificate a fee of Six Shillings and 
 Eight Pence and no more shall be demanded and taken) shall upon 
 the Trial of any Indictment for Perjury or Subornation of Perjury be 
 sufficient Evidence of the Trial of such Indictment for Felony or Mis- 
 demeanour, without proof of the Signature or Official Character of the 
 Person appearing to have signed the same. 
 
 XXIII. And be it, &c.. That it shall not be necessary to state 
 any Venue in the body of an Indictment, but the Islands or other 
 
 STertaT"'"' Jurisdictiou named in the margin thereof shall be taken to be the 
 Venue for all the facts stated in the body of such Indictment : Pro- 
 vided that in cases where local description is or hereafter shall be re- 
 
 Upon Indict- 
 ment for 
 perjury, etc., 
 Certificate 
 of the 
 
 former Trial 
 sufficient. 
 
 Marg:inal 
 Venue sufli- 
 
1852.] BERMUDA ACTS. 580 
 
 quired, such local description shall be given in the body of the Indict- 
 ment. ~ 
 
 XXIV. And be it, &c., That no Indictment for any Offence shall certain ae- 
 be held insufficient for want of the averment of any matter unneces- vwatein-" 
 sary to be proved, nor for the omission of the words " as appears by d'^'^ienta. 
 the Eccord," or of the words " with force and arms" — or of the words 
 " against the Peace"- — nor for the insertion of the words " against the 
 form of the Statute" — or of the words " against the form of the Act 
 of the Governor, Council and Assembly^' — instead of the words 
 " against the form of the Statutes" — or the words " against the form 
 of the Acts of the Governor, Council and Assembly," or vice versa, or 
 the insertion of the Words " against the form of the Statute" — instead 
 of the words " against the form of the Act of the Governor, Council 
 and Assembly," or vice versa ; nor for that any Person mentioned in 
 the Indictment is designated by a name of Office or other descriptive 
 appellation instead of his proper name ; nor for omitting to state the 
 time at which the Offence was committed in any case vrhere the time 
 is not of the essence of the Offence, nor for stating the time imperfectly, 
 nor for stating the Offence to have been committed on a day subse- 
 quent to the finding of the Indictment, or on an impossible day, or on 
 a day that never happened, nor for want of a proper or perfect Venue, 
 nor for want of a proper or formal conclusion, nor for want of or im- 
 perfection in the addition of any Defendant, nor for want of the state- 
 ment of the value or price of any Matter or Thing, or the amount of 
 Damage, Injury or Spoil, in any case where the Value or Price, or 
 the amount of Damage, Injury or Spoil is not of the essence of the 
 Offence. 
 
 XXV. And be it, &c.. That every objection to any Indictment Formal ob- 
 for any formal defect apparent on the face thereof, shall be taken by indi°taen't3 
 Demurrer or motion to quash such Indictment, before the Jury shall to be taken 
 be sworn and not afterwards ; and every Court before which any such Jury sworn. 
 Objection shall be taken for any formal defect may, if it be thought 
 necessary, cause the Indictment to be forthwith amended in such par- 
 ticular by some Officer of the Court, or other Person, and thereupon 
 
 the Ti'ial shall proceed as if no such defect had appeared. 
 
 XXVI. And be it, &c.. That no Person Prosecuted shall be traverses 
 entitled to Traverse or Postpone the Trial of any Indictment found not to be 
 against him at any Session of the Peace, Session of Oyer and Terminer, cepTta ce'r-" 
 Session of Gaol Delivery, or Session of General Assize. — Provided '"'" °*"''- 
 always, that if the Court upon the application of the Person so In- 
 dicted or otherwise, shall be of opinion that he ought to be allowed a 
 further time, either to prepare for his Defence or otherwise, such 
 
 Court may adjourn the Trial of such Person to the next subsequent 
 Session upon such terms as to Bail or otherwise as to such Court shall 
 seem meet, and may respite the Recognizances of the Prosecutor and 
 Witnesses accordingly ; in which case the Prosecutor and witnesses 
 shall be bound to attend to Prosecute and give Evidence at such 
 subsequent Session without entering into any fresh Eecognizance for 
 that purpose. 
 
 XXVII. And be it, &c.. That in any Plea of Aui/re fois Convict pj^^ „, 
 or Autrefois Acquit it shall be sufficient for any Defendant to state ^-^ire/oie 
 
590 
 
 BERMUDA ACTS. 
 
 [1852. 
 
 A^6%7 t^i^* be has been lawfully Convicted or Acquitted (as the case may 
 AoQwit. be) of the said Offence charged in the Indictment. 
 
 S'^iith XXYIII. And be it, &c., That whenever any Person shall be 
 
 hard labour, Convictcd of any one of the Offences following, as an Indictable Mis- 
 Misdlmt'an- demcanour ; (that is to say) any Cheat or Fraud punishable at Com- 
 ours. Taon Law ; any Conspiracy to Cheat or Defraud, or to extort Money 
 
 or Goods, or falsely to accuse of any Crime, or to Obstruct, Prevent, 
 Pervert or Defeat the course of Public Justice ; any Escape or Pescue 
 from lawful custody on a Criminal Charge ; any Public and Indecent 
 exposure of the Person ; any Indecent Assault ; or any Assault occa- 
 sioning actual bodily harm ; any attempt to have carnal knowledge 
 of a Girl under twelve years ol age ; any public selling, or exposing 
 for Public Sale, or to public view, of any obscene Book, Print, Picture 
 or other indecent exhibition; it shall be lawful for. the Court to sen- 
 tence the Offender to be Imprisoned for any term warranted by Law, 
 and also to be kept to hard labour during the whole or any part of 
 such term of Imprisonment. 
 
 Interpreta- 
 tion of 
 terms. 
 
 Duration of 
 Act. 
 
 XXIX. And be it, &e.. That in the construction of this Act, the word 
 " Indictment " shall be understood to include " Information," " Inqui- 
 sition," and "Presentment" as well as Indictment, and also any 
 " Plea " " Replication," or other Pleading ; and the terms " finding 
 of the Indictment " shall be understood to include " the taking of an 
 Inquisition," " the exhibiting of an Information," and " the making a 
 Presentment ; " and the word '^Property " shall be understood to in- 
 clude Goods, Chattels, Money, Yaluable Securities, and every other 
 Matter or Thing, whether Real or Personal, upon or with respect to 
 which any Offence may be committed. 
 
 XXX. And be it, &c., That this Act shall continue in force until 
 and throughout the last day of December, which will .be in the year 
 of Our Lord, One Thousand Eight Hundred and Fifty-seven. 
 
 [Continued indefinitely by Act of 1857, No. 5.] 
 
 1852. No. 10. 
 
 AN ACT to Co7itinue and amend the Acts for regulating the Public 
 
 Ferry. 
 
 [3 July, 1852.] 
 
 Preamble. WHEREAS the Act intituled " An Act for Regulating the Public 
 
 Ferry " was passed by the Legislature of these Islands in the year of 
 Our Lord, One Thousand Eight Hundred and Forty-six for a limited 
 period of time : And the Act intituled " An Act to continue and 
 amend the Act for regulating the Public Ferry " — was passed by 
 the Legislature of these Islands in the year of Our Lord One Thou- 
 sand Eight Hundred and Forty-eight for a further period of time^ 
 and it is deemed expedient to continue the said Acts for a further 
 period : 
 
1852.] BERMUDA ACTS. 591 
 
 I. We, therefore, &c., and be it enacted, &c., that the said Acts Actsofisie 
 the titles whereof are above recited be, and the same hereby are con- conttaea.' 
 tinned in force, for and during the continuance of this present Act, 
 with the amendments hereinafter contained. Boafs°anT^ 
 
 n. And be it declared and enacted, that the Ferry Boats and aSnoTto 
 Warps and other Appurtenances provided at the Public expense shall undS'exe- 
 in no case be liable to be taken in Execution at the Suit of any private ™"?j°t 
 party against the Keeper of the Ferry. Jf^ry Keep- 
 
 Ill. And whereas no particular provision having heretofore been Ferry-waips 
 made by any of the Acts regulating the Ferry, for supplying the Warps su^puea." 
 required for assisting in working the Ferry Boats across the Ferry, 
 such Warps have heretofore been purchased from time to time and 
 paid for out of the Public Treasury under Legislative Yotes, and such 
 practice is in some respects objectionable : for remedy thereof. Be it 
 enacted that immediately after the passing of this Act, the Receiver 
 General shall advertise in one of the Ifewspapers published in these 
 Islands for Tenders for supplying by Contract such Warps as shall be 
 required for the service of the Public Ferry for two years from the date 
 of such advertisement — and at the expiration of that period shall ad- 
 vertise for similar Tenders for a like period : And so on from time to 
 time during the continuance of this Act, and the tender most advan- 
 tageous for the Public shall be accepted, and the Contractor shall give 
 security for the due performance thereof — and whenever any new Warp 
 shall hereafter be necessary for working the Ferry Boats across the 
 Ferry, the Keeper of the Ferry shall make application for the same to 
 the Receiver General and shall make Affidavit or Declaration in writ- 
 ing before the Receiver General stating that to the best of his judg- 
 ment a new Warp is required at the said Ferry for the safe and proper 
 working of the Ferry Boats : and thereupon the Receiver General shall 
 direct the Contractor to supply and deliver such Warp at the Ferry, 
 the expense of transporting the same to the Ferry to be borne by the 
 Contractor ; and upon due delivery thereof at the Ferry the Contractor 
 shall be entitled to be paid for the same out of any unappropriated 
 monies in the Public Treasury — under a Warrant from the Governor ; 
 and ten per centum on the cost of every such Warp shall be charged 
 by the Receiver General against the Keeper of the Ferry and deducted 
 out of the next subsequent payment to be made to the Keeper of the 
 Ferry out of the Public Treasury — and upon every such new Warp 
 being delivered at the Ferry the Receiver General shall ascertain 
 whether the old Warp be still required for the service of the Ferry, and 
 if it be not so required, the Keeper of the Ferry shall transport and 
 convey the old Warp to such Person in the Town of St. George as the 
 Receiver General shall authorise to receive and sell the same and such 
 old Warp shall thereupon be sold by Public Auction by such Person, 
 and ten per centum of the nett proceeds thereof shall be paid by the 
 Receiver General to the said Keeper of the Ferry, and the residue of 
 the nett proceeds thereof, paid into the Public Treasury, in aid of the 
 General Revenue of these Islands. 
 
 lY. And be it, &c., that this present Act shall be and continue Duration. 
 in force until and throughout the last day of December, which will be 
 in the year of Our Lord, One Thousand Eight Hundred and Fifty-six, 
 and then to determine and expire. 
 
 [Continued to the end of 186B, by Act of 1889, No. 10.] 
 75 
 
592 BERMUDA ACTS. [1853. 
 
 1852. No. 12. 
 
 AN ACT to amend the Act intituled " An Act to consolidate and 
 
 amh&nd the Laws re'latk>& to (JvoH Smts before Justices of the 
 
 Peaoe,'" 
 
 [3 July, 1852.] 
 
 Preamble. WHEREAS the Act intituled " An Act to consolidate and amend 
 
 the Laws relative to Civil Suits before Justices of the Peace " was 
 passed by the Legislature of these Islands in the year of Our Lord, 
 One Thousand Eight Hundred and Fifty — and it is expedient to 
 amend the same in some respects : 
 
 Debtgnot I. "We, therefore, &c., and be it enacted, &c., That the Fourth 
 
 ll^ndte^es- Section of the said Act shall be and the same hereby is repealed, and 
 paMes, &c., instead thereof, be it enacted, that hereafter no Action or Suit shall 
 ing £1 4s. be commenced or Prosecuted in the Court of General Assize or in any 
 for^oniy ife- Other Court of Record in these Islands superior to that of the Justices 
 o°f"the"°"°'^ of the Peace (otherwise than by way of Appeal by "Writ of Error from 
 Peace. somc Judgment of a Justice or Justices of the Peace) for any Debt 
 not exceeding Six Pounds : or for any Trespass or other Matter not 
 exceeding Twenty-four Shillings : but that in all cases of Debt ex- 
 ceeding Six Pounds, and of Trespass or other Matter exceeding 
 Twenty-four Shillings, any such Superior Court shall continue to have 
 jurisdiction in like manner as if the said Act passed in the year One 
 Thousand Eight Hundred and Fifty and this present Act had not 
 been passed. 
 
 If there be ^- "^"^^ ^^ ^*' "^'^•' *^^* *^® Eleventh Section of the said Act shall 
 
 no Justice bc and the same hereby is repealed, and instead thereof be it enacted 
 
 re"dSigtS°° that in case it shall happen in any Parish within these Islands either 
 
 or the^ti- that there shall be no Justice of the Peace residing therein, or that 
 
 th'r"b'"°^ the Justice or Justices of the Peace residing therein, shall be dis- 
 
 disabied qualified by interest or disabled by illness from hearing and determin- 
 
 n™"hbSS?-^' ing any Suit for any Trespass or Debt which might be heard and 
 
 tS^cr""'' determined under this Act, that then and in every such case it shall 
 
 be lawful for and the duty of any Justice or Justices of the Peace 
 
 residing in any other neighbouring Parish or Parishes in these Islands 
 
 upon application for that purpose made to such Justice or Justices to 
 
 hear and determine such Suit in the same manner as any Justice or 
 
 Justices residing in the Parish where the same may have arisen might 
 
 have done under this Act. 
 
 The success- HI. And whcreas sufficient provision is not made by the said 
 
 Ipp^eS'ir ^°t passed in the year One Thousand Eight Hundred and Fifty for 
 
 recover the rccovcry of costs of Appeal — for remedy thereof, be it enacted, 
 
 peal. ° *' that in all cases of Appeal hereafter made under the said Act, or this 
 
 present Act, from the decision of any Justice or Justices of the Peace 
 
 to the Court of General Assize, the party succeeding in the Court of 
 
 General Assize shall recover Costs in the said Court of General Assize : 
 
 and the same may be levied and forced under Execution issued from 
 
 the said Court of General Assize. 
 
1852.] BERMUDA ACTS. 593 
 
 lY. And be it, &c., that this present Act shall commence in commcncc- 
 operation on the first day of August in this present year of Our Lord, Act ° 
 One Thousand Eight Hundred and Fifty-two. 
 
 1852. No. 15. 
 
 AN ACT to continue and wmend the Act intituled " An Act to repeal 
 the Act for regulatvng lAquor Shops and Ta/oerns, and to Substi- 
 tute other regulations therefor." 
 
 [10 July, 1852.] 
 
 WHEEEAS the Act intituled " An Act to repeal the Act for reg- P'-eambie. 
 ulating Liquor Shops and Taverns, and to suhstitute other regulations 
 therefor" — was passed by the Legislature of these Islands in the Year 
 of our Lord one thousand eight hundred and fifty for a limited period 
 of time : and it is expedient to continue the same in force with the 
 amendments hereinafter contained for a further period : 
 
 I. We, therefore, &c., and be it enacted, &c., that the said Act, Act of isso 
 the title whereof is above recited, be, and the same hereby is contin- '"'°"''"*''- 
 ued in force during the continuance of this present Act with the 
 amendments hereinafter contained. 
 
 II. And be it, &c., that that all Fines, Forfeitures and Penalties p«°»^''^= 
 not exceeding Ten Pounds imposed by the said recited Act, or this erawe and 
 present Act, together with Costs of Suit, may be sued for, recovered ''pp""'- 
 and enforced, either under the provisions of the Act intituled " An 
 
 Act to facilitate Summary Proceedings before Justices of the Peace " 
 — or of the Act intituled " An Act to consolidate and amend the Laws 
 relative to Civil Suits before Justices of the Peace," or otherwise : 
 And that hereafter one Moiety of all Fines and Penalties recovered 
 under the said recited Act, or this present Act, shall be paid into the 
 Public Treasury, and the other Moiety shall be to the Informer, and 
 that any Informer may be admitted as a witness, notwithstanding that 
 such Informer may be interested in the Penalty in the event of the 
 Offender being convicted. 
 
 III. And be it, &c., that hereafter the Applicants for Licenses Lioenceenot 
 under the said recited Act shall not be required to be possessed of and beTssMsed 
 assessed for Property of the value of Sixty Pounds, as prescribed by ert/!™''" 
 the Fourth Section of the said recited Act. 
 
 IV. And be it, &c., that this Act shall be and continue in force Duration, 
 until the expiration of six days next after Easter Sunday in the Year 
 
 one thousand eight hundred and fifty-seven, and then to determine 
 and expire. 
 
 [Continued to six days after Easter, 1862, by Act of ISSt, No. 2.] 
 
594 
 
 BERMUDA ACTS. 
 
 [1852. 
 
 1852. No. 16. 
 
 AN ACT to continue cmd amtend the Acts for the Collection of the 
 
 Revenue. 
 
 [14 July, 1852.] 
 
 Preamble. WHEEEAS tte Act intituled " An Act to provide for the Collec- 
 
 tion of the Revenue" was passed by the Legislature of these Islands in 
 the Tear of our Lord One Thousand EightTlundred and Forty-Eight, 
 for a limited period of time — and the Act intituled " Aji Act to amend 
 the Act intituled ' An Act to provide for the collection of the Revenue,' " 
 was passed by the Legislature in the Year One Thousand Eight Hun- 
 dred and Forty-nine, for the same period, and the Act intituled " An 
 Act further to amend the Act to provide for the Collection of the 
 Revenue," was passed by the Legislature in the Year One Thousand 
 Eight Hundred and Fifty-one, for the same period : — and it is deemed 
 expedient to continue the said Acts in force for a further period of 
 time, with the amendments hereinafter contained : 
 
 Acts of 1848, L We, therefore, &c., and be it enacted, &c.. That the three 
 1851 Mn- several Acts, the titles whereof are above recited, be and the same 
 tinued. hereby are continued in force for and during the continuance of this 
 present Act. 
 
 H. And be it, &c. [This Section repealed 1853, No. 10, § 6.] 
 
 in. And Whereas by the Twenty-third Section of the said Act 
 passed in the year One Thousand Eight Hundred and Forty-Eight, 
 Goods warehoused are required to be duly cleared for Exportation or 
 for Home Consumption within Two Years from the day of First Entry 
 for the Warehousing thereof, — Be it enacted, that it shall be lawful 
 for the Receiver General to grant further time for any such goods to 
 remain Warehoused, if he shall think fit so to do : and in every such 
 case an account shall be made out of the quantity upon which the 
 duties have been paid, and of the quantity exported, and of the quan- 
 tity (to be then ascertained) of the Goods still remaining in the Ware- 
 house, as the case may be — deducting from the whole the quantity 
 contained in any whole packages (if any) which may have been aban- 
 doned for the duties : and if upon such account there shall in either 
 case appear to be any deficiency of the original quantity, — ^the Duty 
 payable upon the amount of such deficiency shall then be paid. 
 
 lY. And Whereas a set of Scales and Weights has been heretofore 
 imported and placed on the Wharf in the Town of Hamilton at the 
 Public expense for the Weighing of Dutiable Goods — and the same 
 are not now required for the Public Service — be it enacted, that the 
 Receiver General be and he hereby is authorised and required to ad- 
 vertise the same for Sale for the term of Two years, commencing on 
 the first day of September next, and to sell the same accordingly by 
 Public Auction, at a yearly rent payable at the termination of each 
 year — and a<^ the expiration of the said term of years, shall sell the 
 
 Further time 
 may be 
 granted for 
 Warehous- 
 ing Goods 
 on certain 
 terms. 
 
 Public 
 Scales to be 
 rented. 
 
1852.] BERMUDA ACTS, 595 
 
 same for a similar term of years in like manner, and so on from time 
 to time during the continuance of this Act — and the Purchaser thereof 
 shall sign and deposit with the Eeceiver General an Inventory of the 
 same at the commencement of his term, and shall be bound to keep 
 the same in as good repair as when he received the same — and the 
 Keceiver General shall cause any repairs which are now necessary to 
 be put thereto before the first Sale thereof, the expense of such repairs 
 to be provided for like other contingent charges of Government. 
 
 Y. And be it, &c.. That this Act shall be deemed and taken to Duration, 
 be a part of the said Act passed in One Thousand Eight Hundred and 
 Forty-Eight, and shall continue in force until and throughout the last 
 day of December, which will be in the year of our Lord One Thousand 
 Eight Hundred and Fifty-eight, and no longer. 
 
 [Continued to the end of 1861, by Act of 1860, No. 10.] 
 
 1852. No. 18. 
 
 AN ACT to Repeal the Act intituled "An Act for Erecting a Public 
 Building in the Town of Saint George" and also to Repeal in 
 •part a certain other Act intituled " An Act to amend an Act 
 intituled an Act for erecting a Public Building in the Town of 
 Saint Oeorge" and for other Purposes. 
 
 \\1 July, 1852.] 
 
 WHEEEAS the Act intituled " An Act for erecting a Public 
 Building in the Town of Saint George " was passed by the Legislature Preamble. 
 of these Islands in the year One Thousand Eight Hundred and Thirty- 
 two — and another Act in amendment thereof, was passed by the Legis- 
 lature in the year One Thousand Eight Hundred and Forty — and no 
 Building has been yet erected by virtue of the said Acts, and it is 
 deemed expedient to repeal the same, except as hereinafter provided : 
 
 I. We, therefore, &c., and be it enacted, &c., that the said Act Acts of isaa 
 the Title whereof is above recited, and the said recited Act in amend- (e^e^^sec- 
 ment thereof, be and the same are hereby repealed, except as herein- *'°°,g^''^" 
 after provided. Provided ahuays, and be it enacted, thatjnothing in 
 
 this Act contained shall be deemed to repeal the first Section of the 
 said Act passed in the year One Thousand Eight Hundred and Forty, 
 vesting the Lot of Land therein described in Her Majesty, Her Heirs 
 and Successors for ever, as and for a Public Street and thorough- 
 fare. 
 
 II. And be it, &c., that it shall and may be lawful for His Excel- Lot of Land 
 lency the Governor to cause to be sold by Public Auction, pursuant ^^^^^^^^ 
 to Notice for that purpose to be given in the several IsTewspapers pub- imo to be 
 lished in these Islands, the Lot of Land described in the Second Section 
 
 of the said Act passed in the year One Thousand Eight Hundred 
 
 and Forty, (except as hereinafter provided) and therein described, as 
 
 then or lately occupied by Mary Burgess, and that the Purchaser or ^ 
 
 Purchasers thereof shall within Thirty days after such sale, pay the 
 
596 
 
 BERMUDA ACTS. 
 
 [1852. 
 
 Proviso, re- 
 serving a 
 portion 
 thereof to 
 enlarge the 
 Street. 
 
 Building 
 stone 
 thereon to 
 be sold. 
 
 Preamble — ' 
 reciting 
 Gaol Act of 
 1845. 
 
 Former 
 Gaol and 
 Land 
 
 whereon it 
 stands ves- 
 ted in the 
 Crown for 
 •public Offi- 
 ces. 
 
 amount of the purchase money into the Piiblie Treasury of these Islands, 
 to be disposed of by the Legislature in like manner with other Public 
 moneys, and thereupon the Receiver General shall give unto such Pur- 
 chaser or Purchiasers, a Certificate under his hand and seal certifying 
 such purchase money to have been so paid, which Certificate shall be 
 recorded in the Secretary's Office, whereupon the said Lot of Land 
 described in the Second Section of the said Act passed in the year 
 One Thousand Eight Hundred and Forty, with the appurtenances 
 thereof shall be and become absolutely vested in such Purchaser or 
 Purchasers, his, her, or their Heirs and Assigns for ever, freed and dis- 
 charged of and from all former title therein of Her Majesty, Her Heirs 
 or Successors under the said Act passed in tte year One Thousand Eight 
 Hundred and Forty. — Provided always, and before any such disposi- 
 tion be made of the said Lot of Land, that four feet of the same, run- 
 ning along its Southern and Eastern lines or boundaries, the former on 
 Tork Street so called, and the latter on a Public Alley leading in a 
 [Northern and a Southern direction, be reserved for and left in addition 
 to the Public Street called York Street and the said Alley, for the pur- 
 pose of widening and improving the main Western Entrance leading 
 into the said Town, and also the said Alley — and that the four feet of 
 the said Lot on its Southern and Eastern lines hereinbefore described 
 shall be and remain vested in Her Majesty, Her Heirs and Successors 
 for ever in addition to the said Street and Alley, as and for a Public 
 Street and Alley. 
 
 m. And whereas there is a quantity of Building Stone, belonging 
 to the Colony, now lying upon the said last mentioned Lot of Land, 
 which has been raised on the said Lot at the expense of the Colony, 
 by the direction of the Commissioners appointed by the said Acts, or 
 one of them, and it is deemed expedient that the same should be sold, 
 and the proceeds thereof paid into the Public Treasury, — ^Beit enacted, 
 that it shall and may be lawful for His Excellency the Governor to 
 cause the same to be sold by Public Auction and the proceeds thereof 
 to be paid into the Public Treasury, to be disposed of by the Legisla- 
 ture in like manner with other public monies. 
 
 IV. And whereas by the Seventh Section of an Act passed in the 
 year One Thousand Eight Hundred and Forty-five, intituled "An Act 
 for Building a new Gaol at or near, the Town of St. George," it is 
 enacted, that when the Building therein contemplated, shall have been 
 erected and occupied for the purposes aforesaid, that thereupon the 
 said Gaol in the Town of St. George, and the Lot of Land whereupon 
 the same is built, with all the appurtenances thereof, should be dis- 
 posed of in such manner as may be authorised by any Act of the 
 Legislature to be passed for that purpose, — and whereas it is not 
 deemed expedient to erect a Building in the said Town of St. George 
 for Public Offices as provided for by the Act hereinbefore recited, but 
 instead thereof, to convert and make suitable the aforesaid Gaol and 
 Premises, to answer the purpose of Public Offices in the said Town of 
 St. George, — Be it further enacted, that the said Building, situated in 
 the said Town of St. George and heretofore used and occupied as a 
 Public Gaol and the Lot of Land on which the said Building stands, 
 be and the same is hereby vested in Her Majesty, Her Heirs and Sue- 
 
1852.] BERMUDA ACTS. 597 
 
 cessors for ever, as and for Public Offices, for the use of the Assistant 
 Beceiver General, the Eevenue Officer, and for the Branch of Her Ma- 
 jesty's Customs, and for an Office Keeper's Boom, at the said Port of 
 St. George and for no other purposes. 
 
 V. And whereas it is deemed desirable that the necessary altera- committee 
 tions and improvements to the said former Gaol at St. George's should pointeTto 
 be forthwith entered on and completed, with the least possible delay, — make aitera- 
 Be it enacted, that a Joint Committee of the Legislative Council and therein, 
 the Assembly shall be hereafter appointed for the purpose of causing 
 
 the same to be carried into effect. 
 
 VI. And be it, &c., that for defraying the expenses and charges 
 
 of effecting the said alterations and improvements to the said former GeneniTto 
 Gaol at St. George, the Beceiver General be, and he hereby is author- g^YSnu- 
 ized and required to pay to the order of the said Committee or a ma- tee to oom- 
 jority of them, under a warrant from His Excellency the Governor from work, 
 time to time, such sums of money, not exceeding in the whole, Three 
 Hundred and Seventy Pounds, to enable them to commence and com- 
 plete the said work. 
 
 VII. And be it, &c., that the said Committee be, and they are committtee ■ 
 hereby authorized to cause the said alterations and improvements to teraUoM to' 
 be entered upon and completed by contract or otherwise as shall ap- conTrlct, or 
 pear to them most advantageous for the Public interest, and the said otherwise, 
 Committee shall keep a Book wherein they shall cause to be entered Bookofpra- 
 minutes of their proceedings, and of all receipts and payments made °^^'*"S8. 
 by them, for the inspection of either branch of the Legislature when 
 required. 
 
 VIII. And be it,&c., that nothing in this Act contained shall be Not to pre- 
 deemed to preclude the Tread Wheel now erected in the aforesaid Gaol wheei beSig 
 Yard and the shed over the same being removed to the yard of the NeTfiML" 
 new Gaol at the said Town of St. George. 
 
 1852. No. 19. 
 
 AN ACT to Improve the Tnode of Procedure in the Co^i-rt of Chan- 
 cery in certaim, respects. 
 
 [17 July, 1852.] 
 
 WHEBEAS the usual mode of examination of "Witnesses in the preamble. 
 Court of Chancery is in some respects inconvenient : 
 
 I. We, therefore. Tour Majesty's most dutiful and Loyal Subjects, court may 
 the General Assembly of these Your Majesty's Bermuda or Somers' "^^f'e*^. 
 Islands, do most humbly beseech Your Majesty that it may be enacted, nation of 
 and be it enacted by your Majesty's Governor, Council, and Assembly, ^"°^^'^'- 
 and it is hereby enacted and ordained by the authority of the same. 
 That it shall be lawful for the said Court, when it shall see fit so to 
 do in any cause depending in the said Court, to order the oral exam- 
 ination of any Witness, upon Oath, before any one or more of the 
 
598 
 
 BERMUDA ACTS, 
 
 [1852, 
 
 Proviso — 
 Dot to be 
 imperative 
 upon the 
 Court to or- 
 der such 
 examina- 
 tion. 
 
 Preamble. 
 
 Writ of ex- 
 ecution may 
 be issued 
 for enfor- 
 cing pay- 
 ment of 
 money un- 
 der Decree. 
 
 Members of the said Court or any one or more Commissioners within 
 the Islands of Bermuda in the presence of the Plaintiff and Defendant 
 or their Counsel, or in the presence of either of them or his or her 
 Counsel, when the other party shall make default in attendance after 
 six days notice of such examination to such party, his or her Counsel 
 or Solicitor : and such dejjosition so taken shall be as valid and effec- 
 tual evidence as if the same had been taken upon Interrogatories in 
 the usual method : And the Members of Court or Commissioners 
 who take such Depositions shall immediately deliver the same, sealed 
 up and endorsed, to the Kegistrar of the Court and shall certify upon 
 such Deposition the parties attending and the proof upon Oath of due 
 service of notice if either party make default : And Witnesses may 
 be required by Subpoena to attend to be examined orally as aforesaid, 
 in like manner as they may be required to attend' to give evidence 
 upon Interrogatories — and shall incur the like penalties for non- 
 attendance. And Perjury in such Deposition shall be punishable as 
 wilful and corrupt Perjury in Courts of Record in England is punish- 
 able — and the solemn affirmation of any of the people called Quakers 
 may be taken and certified in like manner and shall be admissible in 
 evidence— and if any person shall be guilty of falsely and wilfully 
 affirming any Matter or Thing in such affirmation which, if the same 
 had been sworn, would have amounted to wilful and corrupt Perjury, 
 every person so offending and being thereof lawfully convicted shall 
 incur the penalties and forfeitures incurred by wilful Perjury in Courts 
 of Record in England. Provided always — that nothing herein con- 
 tained shall render it imperative upon the said Court to order the 
 Oral examination of any Witness in manner aforesaid : but whenever 
 from any circumstance it shall appear to the said Court that the ends 
 of justice may be more fully attained by the examination of any Wit- 
 ness in the mode heretofore usual and accustomed in the said Court, 
 it shall be lawful for the said Court to decline ordering such oral 
 examination as aforesaid. 
 
 II. And whereas the ordinary method of enforcing the payment 
 of money under the usual process of the said Court is in some respects 
 tedious and defective : be it enacted that whenever the said Court shall 
 decree or order a sum of iponey to be paid by any party to another 
 party — it shall be lawful for the party to whom the money is payable, 
 to take out a writ of Execution under the Great Seal of the said 
 Islands and bearing teste in the name of the Governor or Officer ad- 
 ministering the Government of these Islands for the time being, re- 
 turnable on the Monday next after the expiration of three Calendar 
 months from the teste thereof — signed by the Secretary or his lawful 
 Deputy in the form following : 
 
 .Bermuda, aUas \ 
 SoMEEs' Islands. ) 
 
 YICTORIA, (or as it may be) by the Grace 
 
 (Seal) of God, of the United Kingdom 
 
 Place of Governor's Signature. of Great Britain and Irdand, 
 
 Queen, Defender of the Faith. 
 
 To Our Provost Marshal General of our said Islands, Greeting : 
 
 Whereas by a Decree (or Order as it may be,) of our Court of 
 
1852.] BERMUDAACTS. 599 
 
 Chancery in our said Islands made on the day of 
 
 in the year of Our Lord — it was ordered that C. D. 
 
 should pay the sum of of lawful money of our said Islands 
 
 to A. B. — and the same remains unpaid : We therefore command you 
 that out of the Goods and Chattels, Lands, Tenements and Eeal Estate 
 of the said C. D., you levy and take the said sum of 
 together with such further sums as shall be necessary for defraying 
 the cost of this "Writ, Marshal's Poundage and all other legal Costs 
 and Charges accrued and accruing for satisfaction of the said sum of 
 money so ordered to be paid : and finding no such Goods or Chattels, 
 Lands, Tenements or other Eeal Estate of the said C. D. sufficient to 
 satisfy the same, then we command you to take into your cixstody the 
 body of the said C. T>. and him safely to keep in your custody in our 
 said Islands until the said sum of money, with all such Poundage, 
 legal Costs and Charges be fully paid and satisfied.- — And how you 
 shall have executed this our writ, you are to make known to us in our 
 said Court on Monday the day of now next 
 
 ensuing. 
 
 Provided always that where the Decree or Order is for or against May be 
 several parties, or for or against Executors or Administrators, or where ler'certain 
 the Writ of Execution is an alias or pluries Writ (which it is hereby cii-cumstan- 
 declared lawful to issue) it may be varied accordingly. 
 
 in. And be it enacted. That it shall be lawful for the Provost Provost 
 Marshal General under the said Writ to proceed to levy upon and sell General, un- 
 the Goods and Chattels, Lands, Tenements and other Eeal Estate of ^rit may 
 the party against whom such Writ is issued, in like manner as he '^7f ^""l 
 might have proceeded under Writs of Execution issued from the Court and Lands 
 of General Assize, under the Act passed in the year One thousand taifeThJ 
 Eight Hundred and Thirty-one " to Simplify and amend the mode of P"son in 
 
 o i/ X 1/ execution. 
 
 proceeding in the Court of General Assize " — ^^and if sufficient Prop- 
 erty be not found to satisfy the Writ, may proceed to take into cus- 
 tody and hold the Body of the Party against whom it is issued accord- 
 ing to the exigency of the Writ. And the Marshal shall be entitled ^.^^ ^^^^ 
 to similar fees for executing the said Writ as he would be entitled to 
 for executing Writs of Execution issued from the Court of Genera;l 
 Assize. Provided al/ways that nothing herein contained shall be ^^^^-^^ 
 deemed to render it imperative upon any party to enforce the pay- Not to be 
 ment of any money decreed or ordered to be paid to him, by the oTpavty'to 
 mode hereby authorised, but such party may, if he think fit, sue out Sirmo'de'! 
 any other process which he might have used if this Act had not been 
 passed. 
 
 lY. And be it enacted, that this Act shall be, and continue in Duration. 
 force until and throughout the last day of December which will be . 
 in the year of our Lord One Thousand Eight Hundred and Fifty- 
 seven. 
 
 [Continued indefinitely by Act of 1857, No. 4.] 
 76 
 
590 
 
 BERMUDA ACTS. 
 
 [1852. 
 
 Autrefois 
 Acquit 
 
 Imprison- 
 ment with 
 hard labour, 
 for certain 
 Misdemean- 
 ours. 
 
 that he has been lawfully Convicted or Acquitted (as the case may 
 he) of the said Offence charged in the Indictment. 
 
 XXVin. And be it, &c., That whenever any Person shall be 
 Convicted of any one of the Offences following, as an Indictable Mis- 
 demeanour ; (that is to say) any Cheat or Fraud punishable at Com- 
 mon Law ; any Conspiracy to Cheat or Defraud, or to extort Money 
 or Goods, or falsely to accuse of any Crime, or to Obstruct, Prevent, 
 Pervert or Defeat the course of Public Justice ; any Escape or Kescue 
 from lawful custody on a Criminal Charge ; any Public and Indecent 
 exposure of the Person ; any Indecent Assault ; or any Assault occa- 
 sioning actual bodily harm ; any attempt to have carnal knowledge 
 of a Girl under twelve years of age ; any public selling, or exposing 
 for Public Sale, or to public view, of any obscene Book, Print, Picture 
 or other indecent exhibition; it shall be lawful for, the Court to sen- 
 tence the Offender to be Imprisoned for any term waiTanted by Law, 
 and also to be kept to hard labour during the whole or any part of 
 such term of Imprisonment. 
 
 XXIX. And be it, &c.. That in the construction of this Act, the word 
 " Indictment " shall be understood to include " Information," " Inqui- 
 sition," and "Presentment" as well as Indictment, and also any 
 "Plea" " Eeplication," or other Pleading; and the terms "finding 
 of the Indictment " shall be understood to include " the taking of an 
 Inquisition," "the exhibiting of an Information," and " the making a 
 Presentment ; " and the word "Troperty " shall be understood to in- 
 clude Goods, Chattels, Money, Valuable Securities, and every other 
 Matter or Thing, whether Real or Personal, upon or with respect to 
 which any Offence may be committed. 
 
 Duration of XXX. And bc it, &c.. That this Act shall continue in force until 
 
 ■*■='• and throughout the last day of December, which will .be in the year 
 
 of Our Lord, One Thousand Eight Hundred and Fifty-seven. 
 
 ? [Continued indefinitely by Act of 1651, No. 6.] 
 
 Interpreta- 
 tion of 
 terms. 
 
 1852. No. 10. 
 
 AN ACT to Contimie and amend the Acts for regulating the Public 
 
 '■Ferry. 
 
 [3 July, 1852.] 
 
 Preamble. 
 
 WHEREAS the Act intituled " An Act for Regulating the Public 
 Ferry " was passed by the Legislature of these Islands in the year of 
 Oar Lord, One Thousand Eight Hundred and Forty-six for a limited 
 period of time : And the Act intituled " Aji Act to continue and 
 amend the Act for regulating the Public Ferry " — was passed by 
 the Legislature of these Islands in the year of Our Lord One Thou- 
 sand Eight Hundred and Forty-eight for a further period of time— 
 and it is deemed expedient to continue the said Acts for a further 
 period : 
 
1852.] BERMUDA ACTS. 591 
 
 I. We, therefore, &c., and be it enacted, &c., that the said Acts Act9ofi846 
 the titles whereof are above recited be, and the same hereby are con- tmamei: 
 tinued in force, for and during the continuance of this present Act, 
 
 with the amendments hereinafter contained. BSa"a°a^T^ 
 
 II. And be it declared and enacted, that the Ferry Boats and an?esnouo 
 Warps and other Appurtenances provided at the Public expense shall ^la^rtxe- 
 in no case be liable to be taken in Execution at the Suit of any private °""?,°t 
 party against the Keeper of the Ferry. Jerry Keep- 
 Ill. And whereas no particular provision having heretofore been rerry-warps 
 
 made by any of the Acts regulating the Ferry, for supplying the Warps su^pued.'^ 
 required for assisting in working the Ferry Boats across the Ferry, 
 such Warps have heretofore been purchased from time to time and 
 paid for out of the Public Treasury under Legislative Yotes, and such 
 practice is in some respects objectionable : for remedy thereof. Be it 
 enacted that immediately after the passing of this Act, the Receiver 
 General shall advertise in one of the ISTewspapers published in these 
 Islands for Tenders for supplying by Contract such Warps as shall be 
 required for the service of the Public Ferry for two years from the date 
 of such advertisement — and at the expiration of that period shall ad- 
 vertise for similar Tenders for a like period : And so on from time to 
 time during the continuance of this Act, and the tender most advan- 
 tageous for the Public shall be accepted, and the Contractor shall give 
 security for the due performance thereof — and whenever any new Warp 
 shall hereafter be necessary for working the Ferry Boats across the 
 Ferry, the Keeper of the Ferry shall make application for the same to 
 the Keceiver General and shall make Affidavit or Declaration in writ- 
 ing before the Receiver General stating that to the best of his judg- 
 ment a new Warp is required at the said Ferry for the safe and proper 
 working of the Ferry Boats : and thereupon the Receiver General shall 
 direct the Contractor to supply and deliver such Warp at the Ferry, 
 the expense of transporting the same to the Ferry to be borne by the 
 Contractor ; and upon due delivery thereof at the Ferry the Contractor 
 shall be entitled to be paid for the same out of any unappropriated 
 monies in the Public Treasury — under a Warrant from the Governor ; 
 and ten per centum on the cost of every such Warp shall be charged 
 by the Receiver General against the Keeper of the Ferry and deducted 
 out of the next subsequent payment to be made to the Keeper of the 
 Ferry out of the Public Treasury — and upon every such new Warp 
 being delivered at the Ferry the Receiver General shall ascertain 
 whether the old Warp be still required for the service of the Ferry, and 
 if it be not so required, the Keeper of the Ferry shall transport and 
 convey the old Warp to such Person in the Town of St. George as the 
 Receiver General shall authorise to receive and sell the same and such 
 old Warp shall thereupon be sold by Public Auction by such Person, 
 and ten per centum of the nett proceeds thereof shall be paid by the 
 Receiver General to the said Keeper of the Ferry, and the residue of 
 the nett proceeds thereof, paid into the Public Treasury, in aid of the 
 General Revenue of these Islands. 
 
 lY. And be it, &c., that this present Act shall be and continue Duration, 
 in force until and throughout the last day of December, which will be 
 in the year of Our Lord, One Thousand Eight Hundred and Fifty-six, 
 and then to determine and expire. 
 
 [Continued to the end of 1866, by Act of 1889, No. 10.] 
 75 
 
592 BERMUDA ACTS. [1852. 
 
 1852. No. 12. 
 
 AN" ACT to amend the Act intituled " An^ Act to consolidate amd 
 
 amend the Laws rdatwe to Cvoil Swits 'before Justices of the 
 
 Peace" 
 
 [3 July, 1852.] 
 
 Preamble. WjEEREAS the Act intituled " An Act to consolidate and amend 
 
 the Laws relative to Civil Suits before Justices of the Peace " vras 
 passed by the Legislature of these Islands' in the year of Our Lord, 
 One Thousand Eight Hundred and Fifty — and it is expedient to 
 amend the same in some respects : 
 
 Debts not I. "We, therefore, «fec., and be it enacted, &c.. That the Fourth 
 
 £6°and^res- Scctiou of the Said Act shall be and the same hereby is repealed, and 
 SofexoMd iiistead thereof, be it enacted, that hereafter no Action or Suit shall 
 ing £1 4s. be commenced or Prosecuted in the Court of General Assize or in any 
 for'^on^ife- other Court of Eecord in these Islands superior to that of the Justices 
 onhe""'°^^ of the Peace (otherwise than by way of Appeal by Writ of Error from 
 Peace. somc Judgment of a Justice or Justices of the Peace) for any Debt 
 not exceeding Six Pounds : or for any Trespass or other Matter not 
 exceeding Twenty-four Shillings : but that in all cases of Debt ex- 
 ceeding Six Pounds, and of Trespass or other Matter exceeding 
 Twenty-four Shillings, any such Superior Court shall continue to have 
 jurisdiction in like manner as if the said Act passed in the year One 
 "Thousand Eight Hundred and Fifty and this present Act had not 
 been passed. 
 
 If there be ^^- '^^'^ ^® ^*' ^^■'> ^^^^ *^® Eleventh Section of the said Act shall 
 
 no Justice be and the same hereby is repealed, and instead thereof be it enacted 
 
 residtogto"^ that in casc it shall happen in any Parish within these Islands either 
 
 OTthe^^ti- t^^t there shall be no Justice of the Peace residing therein, or that 
 
 ces residing the Justice or Justices of the Peace residing therein, shall be dis- 
 
 dillbied qualified by interest or disabled by illness from hearing and determin- 
 
 ne™hb?u?-^' ing any Suit for any Trespass or Debt which might be heard and 
 
 tS\or"°^* determined under this Act, that then and in every such case it shall 
 
 be lawful for and the duty of any Justice or Justices of the Peace 
 
 residing in any other neighbouring Parish or Parishes in these Islands 
 
 upon application for that purpose made to such Justice or Justices to 
 
 hear and determine such Suit in the same manner as any Justice or 
 
 Justices residing in the Parish where the same may have arisen might 
 
 have done under this Act. 
 
 The success- Hi. And whcrcas sufficient provision is not made by the said 
 
 Ipp^et^s't? Act passed in the year One Thousand Eight Hundred and Fifty for 
 
 reoojM the recovery of costs of Appeal — for remedy thereof, be it enacted, 
 
 peal. " ''^ that in all cases of Appeal hereafter made under the said Act, or this 
 
 present Act, from the decision of any Justice or Justices of the Peace 
 
 to the Court of General Assize, the party succeeding in the Court of 
 
 General Assize shall recover Costs in the said Court of General Assize : 
 
 and the same may be levied and forced under Execution issued from 
 
 the said Court of General Assize. 
 
1852.] BERMUDA ACTS. 593 
 
 IV. And be it, &c., that this present Act shall commence in commence- 
 operation on the first day of August in this present year of Our Lord, a™ " 
 One Thousand Eight Hundred and Fifty-two. 
 
 1852. No. 15. 
 
 AN ACT to continue and a/mend the Act intituled " An Act to repeal 
 the Act for regulatiMg Liquor S/wjps and Ta/verns, and to Substi- 
 tute other regulations tTier^or." 
 
 [10 July, 1852.] 
 
 WHEEEAS the Act intituled " An Act to repeal the Act for reg- Pieambie. 
 ulating Liquor Shops and Taverns, and to substitute other regulations 
 therefor" — was passed by the Legislature of these Islands in the Year 
 of our Lord one thousand eight hundred and fifty for a limited period 
 of time : and it is expedient to continue the same in force with the 
 amendments hereinafter contained for a further period : 
 
 I. "We, therefore, &c., and be it enacted, &c., that the said Act, Act otisso 
 the title whereof is above recited, be, and the same hereby is contin- ""'°"°»«''- 
 ued in force during the continuance of this present Act with the 
 amendments hereinafter contained. 
 
 II. And be it, &c., that that all Fines, Forfeitures and Penalties Penalties 
 not exceeding Ten Pounds imposed by the said recited Act, or this e^^ie^Md 
 present Act, together with Costs of Suit, may be sued for, recovered "pp"''^- 
 and enforced, either under the provisions of the Act intituled " An 
 
 Act to facilitate Summary Proceedings before Justices of the Peace " 
 — or of the Act intituled " An Act to consolidate and amend the Laws 
 relative to Civil Suits before Justices of the Peace," or otherwise : 
 And that hereafter one Moiety of all Fines and Penalties recovered 
 under the said recited Act, or this present Act, shall be paid into the 
 Public Treasury, and the other Moiety shall be to the Informer, and 
 that any Informer may be admitted as a witness, notwithstanding that 
 such Informer may be interested in the Penalty in the event of the 
 Offender being convicted. 
 
 III. And be it, &c., that hereafter the Applicants for Licenses Licenceenot 
 under the said recited Act shall not be required to be possessed of and re''aises*aed 
 assessed for Property of the value of Sixty Pounds, as prescribed by ^°l^'°''' 
 the Fourth Section of the said recited Act. 
 
 lY. And be it, &c., that this Act shall be and continue in force Duration. 
 until the expiration of six days next after Easter Sunday in the Year 
 one thousand eight hundred and fifty-seven, and then to determine 
 and expire. 
 
 [Continued to six days after Easter, 1862, by Act of 1851, No. 2,] 
 
594 
 
 BERMUDA ACTS. 
 
 [1852. 
 
 1852. No. 16. 
 
 AN ACT to continue and amend the Acts for the Collection of the 
 
 Revenue. 
 
 [14 July, 1852.] 
 
 Preamble. WHEKEAS the Act intituled " An Act to provide for the Collec- 
 
 tion of the Revenue" was passed by the Legislature of these Islands in 
 the Year of our Lord One Thousand Eight Hiindred and Forty-Eight, 
 for a limited period of time — and the Act intituled "An Act to amend 
 the Act intituled ' An Act to provide for the collection of the Kevenue,' " 
 was passed by the Legislature in the Year One Thousand Eight Hun- 
 dred and Forty-nine, for the same period, and the Act intituled " An 
 Act further to amend the Act to provide for the Collection of the 
 Revenue," was passed by the Legislature in the Year One Thousand 
 Eight Hundred and Fifty-one, for the same period : — and it is deemed 
 expedient to continue the said Acts in force for a further period of 
 time, with the amendments hereinafter contained : 
 
 Acts of 1848, L We, therefore, &c., and be it enacted, &c., That the three 
 1861 cm- several Acts, the titles whereof are above recited, be and the same 
 tiDued. hereby are continued in force for and during the continuance of this 
 present Act. 
 
 H. And be it, &e. [This Section repealed 1853, No. 10, § 6.] 
 
 III. And Whereas by the Twenty-third Section of the said Act 
 passed in the year One Thousand Eight Hundred and Forty-Eight, 
 Goods warehoused are required to be duly cleared for Exportation or 
 for Home Consumption within Two Years from the day of First Entry 
 for the Warehousing thereof, — ^Be it enacted, that it shall be lawful 
 for the Receiver General to grant further time for any such goods to 
 remain Warehoused, if he shall think fit so to do : and in every such 
 case an account shall be made out of the quantity upon which the 
 duties have been paid, and of the quantity exported, and of the quan- 
 tity (to be then ascertained) of the Goods still remaining in the Ware- 
 house, as the case may be — deducting from the whole the quantity 
 contained in any whole packages (if any) which may have been aban- 
 doned for the duties : and if upon such account there shall in either 
 case appear to be any deficiency of the original quantity, — the Duty 
 payable upon the amount of such deficiency shall then be paid. 
 
 IV. And Whereas a set of Scales and Weights has been heretofore 
 imported and placed on the Wharf in the Town of Hamilton at the 
 Public expense for the Weighing of Dutiable Goods — and the same 
 are not now required for the Public Service — be it enacted, that the 
 Receiver General be and he hereby is authorised and required to ad- 
 vertise the same for Sale for the term of Two years, commencing on 
 the first day of September next, and to sell the same accordingly by 
 Public Auction, at a yearly rent payable at the termination of each 
 year — and ?d the expiration of the said term of years, shall sell the 
 
 Further time 
 may be 
 granted for 
 Warehous- 
 ing Goods 
 on certain 
 terms. 
 
 Public 
 Scales to be 
 rented. 
 
1852.] BERMUDA ACTS. 595 
 
 same for a similar term of years in like manner, and so on from time 
 to time during the continuance of this Act — and the Purchaser thereof 
 shall sign and deposit with the Receiver General an Inventory of the 
 same at the commencement of his term, and shall he bound to keep 
 the same in as good repair as when he received the same — and the 
 Eeceiver General shall cause any repairs which are now necessary to 
 be put thereto before the first Sale thereof, the expense of such repairs 
 to be provided for like other contingent charges of Government. 
 
 V. And be it, &c.. That this Act shall be deemed and taken to Duration, 
 be a part of the said Act passed in One Thousand Eight Hundred and 
 Forty-Eight, and shall continue in force until and throughout the last 
 day of December, which will be in the year of our Lord One Thousand 
 Eight Hundred and Fifty-eight, and no longer. 
 
 [Continued to the end of 1861, by Act of 1860, No. 10.] 
 
 1852. No. 18. 
 
 A'N ACT to Sepeal the Act intituled "An Act for Erecting a Public 
 Building im, the Town of Saint George" and also to Sepeal in 
 part a certain other Act intituled " An Act to amend an Act 
 intituled an Act for erecting a Public Building in the Town of 
 Saint George" and for other Purposes. 
 
 [17 July, 1852.] 
 
 WHEEEAS the Act intituled " An Act for erecting a Public 
 Building in the Town of Saint George " was passed by the Legislature Preamble, 
 of these Islands in the year One Thousand Eight Hundred and Thirty- 
 two — and another Act in amendment thereof, was passed by the Legis- 
 lature in the year One Thousand Eight Hundred and Forty — and no 
 Building has been yet erected by virtue of the said Acts, and it is 
 deemed expedient to repeal the same, except as hereinafter provided : 
 
 I. "We, therefore, &c., and be it enacted, &c., that the said Act Acta of 1832 
 the Title whereof is above recited, and the said recited Act in amend- (eMe^^sec- 
 ment thereof, be and the same are hereby repealed, except as herein- «on i)re- 
 after provided. Provided always, and be it enacted, thatjnothing in 
 
 this Act contained shall be deemed to repeal the first Section of the 
 said Act passed in the year One Thousand Eight Hundred and Forty, 
 vesting the Lot of Land therein described in Her Majesty, Her Heirs 
 and Successors for ever, as and for a Public Street and thorough- 
 fare. 
 
 II. And be it, &e., that it shall and may be lawful for His Excel- tot of Land 
 lency the Governor to cause to be sold by Public Auction, pursuant p^^* Aofof 
 to Notice for that purpose to be given in the several Newspapers pub- i84o to be 
 lished in these Islands, the Lot of Land described in the Second Section 
 
 of the said Act passed in the year One Thousand Eight Hundred 
 
 and Forty, (except as hereinafter provided) and therein described, as 
 
 then or lately occupied by Mary Burgess, and that the Purchaser or ^ 
 
 Purchasers thereof shall within Thirty days after such sale, pay the 
 
596 
 
 BERMUDA ACTS. 
 
 [1852. 
 
 Proviso, re- 
 serving a 
 portion 
 thereof to 
 enlarge tlie 
 Street. 
 
 Building 
 stone 
 thereon to 
 be sold. 
 
 Preamble — ■ 
 reciting 
 Gaol Act of 
 1845. 
 
 Former 
 Gaol and 
 Land 
 whereon it 
 stands ves- 
 ted in the 
 Crown for 
 'PubUo Offi- 
 ces. 
 
 amount of the purcliase money into the Public Treasury of these Islands, 
 to be disposed of by the Legislature in like manner with other Public 
 moneys, and thereupon the Receiver General shall give unto such Pur- 
 chaser or Purchasers, a Certificate under his hand and seal certifying 
 such purchase money to have been so paid, vsrhich Certificate shall be 
 recorded in the Secretary's Of&ce, whereupon the said Lot of Land 
 described in the Second Section of the said Act passed in the year 
 One Thousand Eight Hundred and Forty, with the appurtenances 
 thereof shall be and become absolutely vested in such Purchaser or 
 Purchasers, his, her, or their Heirs and Assigns for ever, freed and dis- 
 charged of and from all former title therein of Her Majesty, Her Heirs 
 or Successors under the said Act passed in the year One Thousand Eight 
 Hundred and Forty. — Provided always, and before any such disposi- 
 tion be made of the said Lot of Land, that four feet of the same, run- 
 ning along its Southern and Eastern lines or boundaries, the former on 
 York Street so called, and the latter on a Public Alley leading in a 
 ISTorthern and a Southern direction, be reserved for and left in addition 
 to the Public Street called York Street and the said Alley, for the pur- 
 pose of widening and improving the main Western Entrance leading 
 into the said Town, and also the said Alley — and that the four feet of 
 the said Lot on its Southern and Eastern lines hereinbefore described 
 shall be and remain vested in Her Majesty, Her Heirs and Successors 
 for ever in addition to the said Street and Alley, as and for a Public 
 Street and Alley. 
 
 HI. And whereas there is a quantity of Building Stone, belonging 
 to the Colony, now lying upon the said last mentioned Lot of Land, 
 which has been raised on the said Lot at the expense of the Colony, 
 by the direction of the Commissioners appointed by the said Acts, or 
 one of them, and it is deemed expedient that the same should be sold, 
 and the proceeds thereof paid into the Public Treasury, — ^Be it enacted, 
 that it shall and may be lawful for His Excellency the Governor to 
 caiise the same to be sold by Public Auction and the proceeds thereof 
 to be paid into the Public Treasury, to be disposed of by the Legisla- 
 ture in like manner with other public monies. 
 
 IV. And whereas by the Seventh Section of an Act passed in the 
 year One Thousand Eight Hundred and Forty-five, intituled "An Act 
 for Building a new Gaol at or near the Town of St. George," it is 
 enacted, that when the Building therein contemplated, shall have been 
 erected and occupied for the purposes aforesaid, that thereupon the 
 said Gaolin the Town of St. George, and the Lot of Land whereupon 
 the same is built, with all the appurtenances thereof, should be dis- 
 posed of in such manner as may be authorised by any Act of the 
 Legislature to be passed for that purpose, — and whereas it is not 
 deemed expedient to erect a Building in the said Town of St. George 
 for Public Offices as provided for by the Act hereinbefore recited, but 
 instead thereof, to convert and make suitable the aforesaid Gaol and 
 Premises, to answer the purpose of Public Offices in the said Town of 
 St. George, — Be it further enacted, that the said Building, situated in 
 the said Town of St. George and heretofore used and occupied as a 
 Public Gaol and the Lot of Land on which the said Building stands, 
 be and the same is hereby vested in Her Majesty, Her Heirs and Sue- 
 
1852.] BERMUDA ACTS. 597 
 
 cessors for ever, as and for Public Offices, for the use of the Assistant 
 Receiver General, the Revenue Officer, and for the Branch of Her Ma- 
 jesty's Customs, and for an Office Keeper's Room, at the said Port of 
 St. George and for no other purposes. 
 
 V. And whereas it is deemed desirable that the necessary altera- committee 
 tions and improvements to the said former Gaol at St. George's should p°tateTto 
 be forthwith entered on and completed, with the least possible delay, — y*^,* ''"*''*■ 
 Be it enacted, that a Joint Committee of the Legislative Council and therein. 
 the Assembly shall be hereafter appointed for the purpose of causing 
 the same to be carried into effect. 
 
 YI. And be it, &c., that for defraying the expenses and charges 
 of effecting the said alterations and improvements to the said former Generarto 
 Gaol at St. George, the Receiver General be, and he hereby is author- SJfSnu- 
 ized and req^uired to pay to the order of the said Committee or a ma- '^j^j'^°j™™" 
 jority of them, under a warrant from His Excellency the Governor from work, 
 time to time, such sums of money, not exceeding in the whole, Three 
 Hundred and Seventy Pounds, to enable them to commence and com- 
 plete the said work. 
 
 VII. And be it, &c., that the said Committee be, and they are committtee • 
 hereby authorized to cause the said alterations and improvements to terauons to 
 be entered upon and completed by contract or otherwise as shall ap- conTract, or 
 pear to them most advantageous for the Public interest, and the said otherwise, 
 Committee shall keep a Book wherein they shall cause to be entered Bookotpro.- 
 minutes of their proceedings, and of all receipts and payments made "'^''"'S'- 
 by them, for the inspection of either branch of the Legislature when 
 required. 
 
 VIII. And be it, &c., that nothing in this Act contained shall be Not to pre- 
 deemed to preclude the Tread Wheel now erected in the aforesaid Gaol wheei^bdn''g 
 Yard and the shed over the same being removed to the yard of the NeToMi? 
 new Gaol at the said Town of St. George. 
 
 1852. No. 19. 
 
 AN ACT to Improve the mode of Procedure in the Coii/rt of Chan- 
 cery in certaim respects. 
 
 [11 July, 1852.] 
 
 WHEREAS the usual mode of examination of Witnesses in the preamble. 
 Court of Chancery is in some respects inconvenient : 
 
 I. We, therefore, Your Majesty's most dutiful and Loyal Subjects, court may 
 the General Assembly of these Your Majesty's Bermuda or Somers' °J*f''g^''a^^. 
 Islands, do most humbly beseech Your Majesty that it may be enacted, nation of 
 and be it enacted by your Majesty's Governor, Council, and Assembly, '''°^^'*'- 
 and it is hereby enacted and ordained by the authority of the same, 
 That it shall be lawful for the said Court, when it shall see fit so to 
 do in any cause depending in the said Court, to order the oral exam- 
 ination of any Witness, upon Oath, before any one or more of the 
 
598 
 
 BERMUDA ACTS, 
 
 [1852. 
 
 Proviso — 
 not to be 
 imperative 
 upon the 
 Court to or- 
 der such 
 examina- 
 tion. 
 
 Preamble. 
 
 Writ of ex- 
 ecation may 
 be issued 
 for enfor- 
 cing pay- 
 ment of 
 money un- 
 der Decree. 
 
 Members of the said Court or any one or more Commissioners within 
 the Islands of Bermuda in the presence of the Plaintiff and Defendant 
 or their Counsel, or in the presence of either of them or his or her 
 Counsel, when the other party shall make default in attendance after 
 six days notice of such examination to such party, his or her Counsel 
 or Solicitor : and such deposition so taken shall be as valid and effec- 
 tual evidence as if the same had been taken upon Interrogatories in 
 the usual method : And the Members of Court or Commissioners 
 who take such Depositions shall immediately deliver the same, sealed 
 up and endorsed, to the Registrar of the Court and shall certify upon 
 such Deposition the parties attending and the proof upon Oath of due 
 service of notice if either party make default : And "Witnesses may 
 be required by Subpoena to attend to be examined orally as aforesaid, 
 in like manner as they may be required to attend to give evidence 
 upon Interrogatories — and shall incur the like penalties for non- 
 attendance. And Perjury in such Deposition shall be punishable as 
 wilful and corrupt Perjury in Courts of Record in England is punish- 
 able — and the solemn affirmation of any of the people called Quakers 
 may be taken and certified in like manner and shall be admissible in 
 evidence — and if any person shall be guilty of falsely and wilfully 
 affirming any Matter or Thing in such affirmation which, if the same 
 had been sworn, would have amounted to wilful and corrupt Perjury, 
 every person so offending and being thereof lawfully convicted shall 
 incur the penalties and forfeitures incurred by wilful Perjury in Courts 
 of Record in England. Provided always — that nothing herein con- 
 tained shall render it imperative upon the said Court to order the 
 Oral examination of any Witness in manner aforesaid : but whenever 
 from any circumstance it shall appear to the said Court that the ends 
 of justice may be more fully attained by the examination of any "Wit- 
 ness in the mode heretofore usual and accustomed in the said Court, 
 it shall be lawful for the said Court to decline ordering such oral 
 examination as aforesaid. 
 
 II. And whereas the ordinary method of enforcing the payment 
 of money under the usual process of the said Court is in some respects 
 tedious and defective : be it enacted that whenever the said Court shall 
 decree or order a sum of iponey to be paid by any party to another 
 party — it shall be lawful for the party to whom the money is payable, 
 to take out a writ of Execution under the Great Seal of the said 
 Islands and bearing teste in the name of the Governor or Officer ad- 
 ministering the Government of these Islands for the time being, re- 
 turnable on the Monday next after the expiration of three Calendar 
 months from the teste thereof — signed by the Secretary or his lawful 
 Deputy in the form following : 
 
 .Beemuda, alias \ 
 SoMEEs' Islands, j 
 
 VICTORIA, (or as it may be) by the Grace 
 
 (Seal) of God, of the United Kingdom 
 
 Place of Governor's Signature. of Great Britain and Ireland, 
 
 Queen, Defender of the Faith. 
 
 To Our Provost Marshal General of our said Islands, Greeting : 
 
 "Whereas by a Decree (or Order as it may be,) of our Court of 
 
1852.] BERMUDA ACTS. 59^ 
 
 Chancery in our said Islands made on the day of 
 
 in the year of Our Lord — it was ordered that C. D. 
 
 should pay the sum of of lawful money of our said Islands 
 
 to A. B. — and the same remains unpaid : We therefore command you 
 that out of the Goods and Chattels, Lands, Tenements and Eeal Estate 
 of the said C. D., you levy and take the said sum of 
 together with such further sums as shall be necessary for defraying 
 the cost of this Writ, Marshal's Poundage and all other legal Costs 
 and Charges accrued and accruing for satisfaction of the said sura of 
 money so ordered to he paid : and finding no such Goods or Chattels, 
 Lands, Tenements or other Heal Estate ot the said C. D. sufficient to 
 satisfy the same, then we command you to take into your custody the 
 body of the said C. T). and him safely to keep in your custody in our 
 said Islands until the said sum of money, with all such Poundage, 
 legal Costs and Charges be fully paid and satisfied. — And how you 
 shall have executed this our wi'it, you are to make known to us in our 
 said Court on Monday the day of now next 
 
 ensuing. 
 
 Provided always that where the Decree or Order is for or against May be 
 several parties, or for or against Executors or Administrators, or where der'certai'n 
 the Writ of Execution is an alias or pluries Writ (which it is hereby circumstan- 
 declared lawful to issue) it may be varied accordingly. 
 
 m. And be, it enacted. That it shall be lawful for the Provost Provost 
 Marshal General under the said Writ to proceed to levy upon and sell oc^nerai, un- 
 the Goods and Chattels, Lands, Tenements and other Eeal Estate of ^ritmay 
 the party against whom such Writ is issued, in like manner as he levy ana 
 might have proceeded under Writs of Execution issued from the Court and Lands 
 of General Assize, under the Act passed in the year One thousand uife'the 
 Eight Hundred and Thirty-one " to Simplify and amend the mode of P"son in 
 
 T • t r\ (^ r~\ nA»*(i !•/» rv»» -t-» execution. 
 
 proceeding m the Court oi General Assize — ^^and it sumcient Prop- 
 erty be not found to satisfy the Writ, may proceed to take into cus- 
 tody and hold the Body of the Party against whom it is issued accord- 
 ing to the exigency of the Writ. And the Marshal shall be entitled 
 to similar fees for executing the said Writ as he would be entitled to 
 for executing Writs of Execution issued from the Court of General 
 Assize. Provided always that nothing herein contained shall be p,.„.,i5„ 
 deemed to render it imperative upon any party to enforce the pay- Not to iJe 
 ment of any money decreed or ordered to be paid to him, by the ©""partyTo 
 mode hereby authorised, but such party may, if he think fit, sue out \l°^ 
 any other process which he might have used if this Act had not been 
 passed. 
 
 ceedin 
 mode. 
 
 IV. And be it enacted, that this Act shall be, and continue in Duration. 
 force until and throughout the last day of December which will be • 
 in the year of our Lord One Thousand Eight Hundred and Fifty- 
 seven. 
 
 [Continued indefinitely by Act of 1857, No. 4.] 
 76 
 
600 
 
 BERMUDA ACTS. 
 
 [1852. 
 
 1852. No. 20. 
 
 AN ACT in Addition to the Act for the regulation of an Hospital for 
 
 Insane Pampers. 
 
 [23 July, 1852.] 
 
 Preamble. 
 
 Committals 
 of Patients 
 now in the 
 HoBpltal 
 who were 
 removed 
 there from 
 Gaol, not to 
 be ques- 
 tioned 
 merely by 
 reason of 
 form of 
 Act of 1846 
 not having 
 been ob- 
 served. 
 Payments 
 for their 
 mainte- 
 nance as 
 valid as if 
 that form 
 had been ob- 
 served. 
 
 Preamble. 
 
 After emer- 
 gent com- 
 mittal of 
 dangerous 
 Insane per- 
 sons certain 
 
 WHEEEAS instances have occurred of Committals to the Hospital 
 for Insane Paupers of Persons from the Public Gaols who had been 
 committed to such Gaols as insane, in consequence of Verdicts of 
 Juries under the provisions of the Act intituled " An Act for the safe 
 custody of insane persons charged with offences," passed in the year 
 One Thousand Eight Hundred and Forty-one — upon it having been 
 previously ascertained that the Medical Superintendents of the Gaols, 
 under whose care they had been in such Gaols, were unable to certify 
 their recovery from a state of insanity : it not having been deemed 
 necessary in such cases to institute further enquiry as to their Sanity 
 in the mode indicated by the Sixth Section of the Act intituled " An 
 Act for the Kegulation of an Hospital for Insane Paupers," passed in 
 the year One iSiousand Eight Hundred and Forty-Six : And whereas 
 sufficient provision is made in the said last mentioned Act for the dis- 
 charge of all Patients in case of their recovery : 
 
 I. "We, therefore, &c., and be it enacted, &c., That no such Com- 
 mittal of any such Person heretofore removed from Gaol to the said 
 Hospital who may be now detained in the said Hospital shall be called 
 in question merely by reason of the mode or form indicated by the 
 Sixth Section of the said Act of One Thousand Eight Hundred and 
 Forty-Six, not having been observed : and that all payments which 
 may have been heretofore made for the maintenance of such persons, 
 and all demands for accruing payments shall be as good and valid in 
 Law as if the mode and form prescribed by the said Sixth Section of 
 the said Act of One Thousand Eight Hundred and Forty-six had been 
 observed. 
 
 II. And whereas in the said Sixth Section of the said Act of One 
 Thousand Eight Hundred and Forty-Six, there is a Proviso that if any 
 person not being a Pauper shall be discovered and apprehended under 
 circumstances denoting a derangement of mind and a purpose of com- 
 mitting some crime, for which, if committed, such person would be 
 liable to be indicted, it shall be lawful for the Governor and Council, 
 upon being satisfied that such person is a dangerous Lunatic or danger- 
 ous Idiot, to order such person to be conveyed to such Hospital, and 
 there to be kept in strict custody, until such person shall be discharged 
 by the order of the Governor and Council, or until further order shall 
 be made by the Governor and Council respecting such person : And 
 whereas in such cases, in which, from their emergency the course and 
 inquiries prescribed by the said Act of One Thousand Eight Hundred 
 and Forty-six, cannot be previously pursued, it is expedient that the 
 same should be resorted to as soon as conveniently may be after such 
 confinement : Be it enacted, that such enquiries shall be made at as 
 early a period after any such emergent Committal as circumstances 
 
1852.] BERMUDA ACTS. 601 
 
 may admit, and that upon the ascertainment of the requisite facts, bemaa?^ 
 maintenance shall be provided for any person so committed in the like smi ?» . j 
 manner as for other persons contemplated by the said Act. '"^^° '"" 
 
 III. And be it, &c.. That the said proviso contained in the Sixth ?„^"a,fepfr- 
 Section of the said Act of One Thousand Eight Hundred and Forty- sons may be 
 six, and hereinbefore just recited, shall be construed to extend to all toUioHos- 
 persons discovered and apprehended under the circumstances therein Irfna^erB' 
 mentioned, whether such persons be or be not Paupers. »' """■ 
 
 lY. And be it, &c., that this present Act shall be and continue Duration, 
 in force until and throughout the last day of December, which will be 
 in the Year of our Lord, One Thousand, Eight Hundred and Fifty- 
 nine. 
 
 [Continued to end of 1869, by Act of 1868, No. 5.] 
 
 1852. No. 21. 
 
 AN ACT to explain and amend the Act intituled '"'■ An Act to prevent 
 the Erection of Wooden Buildings in the Towns of Immilton 
 and Saint George in these Islands." 
 
 [22 July, 1852.] 
 
 WHEEEAS the Act intitled "An Act to prevent the erection of p^^^^;,!^ 
 Wooden Buildings in the Towns of Hamilton and Saint George in 
 these Islands," passed by the Legislature of these Islands in the year 
 of Our Lord, One Thousand Eight Hundred and Sixteen, has been 
 productive of beneficial effects, and it is expedient to explain and 
 amend the same in some respects : 
 
 I. We, therefore, &c., and be it enacted, &c.. That any Building ^^^^ ^^^_ 
 in either of the said Towns (other than such Galleries, Yerandahs, ings, to be 
 and temporary Wooden Sheds as are excepted by the said recited Act wooden 
 and by this Act) shall be deemed to be a Wooden Building within ^fr"the 
 the meaning of the said recited Act and of this Act unless the external Acts. 
 Walls and the external covering of the roof of such Building consist 
 either of Stone or Metal, or partly of Stone and partly of Metal. 
 
 n. And be it, &c.. That whenever it shall be lawful for the Mayor 
 of either of the said Towns under the provisions of the said recited ^|J^^Jftt„ 
 Act or of this Act to order or cause any Wooden Building or part of te executed 
 a Building to be pulled down and demolished — it shall be lawful for bfesand" 
 him to issue a Warrant for that purpose under his Hand and the Com- a^t^'^^^'"' 
 mon Seal of the said Town, directed to one or more Constables resident 
 in the Parish where such Building is situate, specifying the particular 
 Building or part of a Building which is to be pulled down, and com- 
 manding and requiring them to pull down and demolish the same : 
 and it shall be the duty of such Constables to execute such Warrant : 
 and they shall have power to call in to their assistance in the execution 
 thereof a sufficient number of other Persons : and such Constables and 
 
602 
 
 BERMUDA ACTS. 
 
 [1853. 
 
 other Persons acting in their aid, shall be entitled to the same protec- 
 tion and privileges, as Constables and others acting in |their aid, are 
 entitled to, in other cases, in the execution of their duty. 
 
 III. And be it, &c., That hereafter it shall not be lawful to cover 
 the outside of the roof of any Gallery or Verandah in either of the said 
 Towns with any other material than Stone or Metal, or to put up any 
 Eoom or Apartment upon the floor of any Gallery — and that any 
 such outside covering of a Gallery or Yerandah not being of Stone or 
 Metal, and any such Apartment put up after the passing of this Act 
 shall be deemed a Public nuisance, and shall be liable to be pulled 
 down and demolished under the provisions of the said recited Act and 
 of this Kat.— Provided always, that nothing herein contained shall be 
 deemed to authorize the pulling down of any Shingle or other "Wooden 
 covering which may have been put up on any Gallery or Yerandah 
 before the passing of this Act ; or the Wooden Posts, Kails, Flooring, 
 Doors,, or Stairs of any Gallery or Yerandah such as are usually at- 
 tached to Stone Buildings in the said Towns, whether put up before 
 or after the passing of this Act ; or the Wooden frame work for the 
 roof of any Gallery, Yerandah or other Building, such as is usually 
 put up for the purpose of supporting slate or Stone Roofs whether put 
 up before or after the passing of this Act. 
 
 This Act to lY. And be it, &c.. That this present Act shall be deemed to be 
 
 ated'with'"' Incorporated with and to form part of the said recited Act passed in 
 Actonsie. tiie year One Thousand Eight Hundred and Sixteen. 
 
 Hereafter 
 Koofs of Gal- 
 leries not to 
 be covered 
 with other 
 material 
 than Stone 
 01* Metal — 
 nor Apart- 
 ments put 
 on Gallery 
 Floor. 
 
 ProTiao. 
 
 1852. No. 22. 
 
 AN ACT to Authorize tlie Sale, %hpon certain conditions, of a Lot of 
 Land, jpart of the Glebe of PemhroTce Parish. 
 
 [22 July, 1852,] 
 
 WHEEEAS a Petition hath lately been preferred to the Legisla- 
 ture of these Islands by the Keverend Joseph Eraser Lightbourn, 
 Clerk, Eector of tlie Parishes of Pembroke and Devonshire, setting 
 forth that a Lot of Land, containing about Eighteen Perches, part of 
 the Glebe of Pembroke Parish aforesaid, had been held by William 
 Pearman of that Parish since the year One Thousand, Eight Hundred 
 and Thirty-three, under a Lease for Twentji^-one Years from the said 
 Eector at a small yearly Eent equal to Twelve Shillings of the present 
 lawful money of Bermuda, and that it would be benehcial to the Eec- 
 tor for the time being of Pembroke Parish aforesaid that a Sale of the 
 said Lot of Land should be made, under proper conditions, the said 
 William Pearman being willing to surrender his said Lease, and there- 
 fore praying that a Sale of the said Lot of Land might be authorized 
 by the Legislature : and whereas it is deemed expedient as well for the 
 benefit of the Public, as for that of the said Eector and his Successors, 
 
1852.] BERMUDA ACTS. 603 
 
 to authorize the Sale of the said Lot of Land, on the terms and con- 
 ditions hereinafter expressed : 
 
 L We, therefore, &c., and be it enacted, &c., That it shall be ^f^^^^^^^ 
 lawful for two of Your Majesty's Justices of the Peace for these ot a Lot of 
 Islands, resident either in the Parish of Pembroke or in the Parish of Pembroke 
 Devonshire (to be nominated and appointed for this purpose by His ^''"^^■ 
 Excelleticy the Governor) and they are hereby authorized and required, 
 within One Calendar Month next after they shall have been so nomi- 
 nated and appointed to go upon, inspect and examine the Lot of Land 
 hereinafter described, and to fix and settle an upset price or valuation 
 of the Lot or parcel of Land hereinafter described with the Appurte- 
 nances — (that is to say) a certain Lot or parcel of Land situate at the 
 Lane in Pembroke Parish in the said Islands, containing eighteen 
 perches or thereabouts, being part and parcel of the Glebe of Pem- 
 broke Parish aforesaid, abutting on and bounded northerly by the 
 High Eoad leading from Paget Parish to the Town of Hamilton, and 
 there measuring Eighty-three feet: Easterly and Southerly, in an 
 irregular form by the waters of the Lane Harbour, and Westerly by 
 Land now held by the said William Pearman, formerly held by his 
 wife Anna Morris Pearman, deceased, and there measuring Sixty-eight 
 feet (as will more fully appear by a certain Plot^or Plan of the said 
 Lot of Land lately made and taken by the Surveyor General of Lands 
 in these Islands, to be filed in the Secretary's Office.) 
 
 II. And be it, &c.. That in case the said William Pearman shall Rector and 
 have surrendered his said lease in the mean time, then, within Two cS the" 
 Calendar Months next after the said Lot or parcel of land shall have l^^^''°^\l^ 
 been valued as aforesaid, and the Plot thereof lodged in the Secretary's saie at auc- 
 Office, it shall be lawful for the Kector of Pembroke and Devonshire set'^iice!^' 
 Parishes aforesaid and the said two Justices of the Peace nominated as 
 aforesaid, and they are hereby authorised and empowered to put up 
 or cause to be put up and exposed to Sale at Public Auction (on the 
 premises) the said Lot or parcel of Glebe Land, with the Appurte- 
 nances, after h|,ving duly advertised the same for sale in one or more 
 of the Newspapers published in these Islands for not less than three 
 weeks before the time of such Sale — and the said Hector and Justices 
 may and shall then and there sell and dispose of the said Lot or parcel 
 of Glebe Land to the highest bidder at or for any sum exceeding the 
 said upset price or value fixed for the said Lot. Provided always, Proviso. 
 that the sale of the said Lot of Land shall be made upon the following amon to pay 
 conditions (that is to say) that the Purchaser thereof, his Heirs or As- f^jj,^™*^ 
 signs, shall pay to the Kector of the said Parish of Pembroke for the the Rector, 
 time being, on the first day of January in each and every year from ot saie"^''' 
 and after the day of Sale an annual Pent or Interest at the Kate of 
 Five Pounds for One Hundred Pounds for a year on the amount of the 
 highest sum bid or offered for the said Lot of Land at such Sale 
 thereof — (deducting from and out of the first year's Interest a propor- 
 tional sum for the period elapsed between the first day of January 
 preceding and the day of such Sale) and also that the highest bidder 
 for and purchaser of the said Lot of Land shall pay the Auctioneer's 
 Commission and charges of Sale. 
 
604 
 
 BERMUDA ACTS, 
 
 [1852. 
 
 Rector and HI. And be it, &e., That upon such Sale of the said Lot of Land 
 
 eScute beinff made as aforesaid, the Eector of Pembroke Parish aforesaid and 
 
 pS^ate!"' the Justices of the Peace appointed as aforesaid may and shall give 
 
 and execute to the Purchaser of the said Lot of Land a certificate of 
 
 such purchase in the form following (that is to say) ; 
 
 " Be it remembered, and we the undersigned, Rector of the Par- 
 ish of Pembroke, in the Islands of Bermuda, and - and 
 two of Her Itfaje'sty's Justices of the Peace for the 
 said Islands (nominated by His Excellency the Governor of these 
 Islands, in pursuance of the Act of the Legislature of the said Islands 
 passed in the year One Thousand, Eight Hundred and Fifty-two — 
 intituled " An Act to authorize the Sale, upon certain conditions of a 
 Lot of Land, part of the Glebe of Pembroke Parish ") — do hereby cer- 
 tify that a certain Lot or parcel of Land situate at the Lane in Pem- 
 broke Parish in the said Islands containing Eighteen Perches or there- 
 abouts being part and parcel of the Glebe of Pembroke Parish afore- 
 said abutting on and bounded Northerly by the High Poad leading 
 from Paget Parish to the Town of Hamilton and there measuring 
 Eighty -three Feet : Easterly and Southerly, in an irregular form, by 
 the Waters of the Lane Harbour ; and Westerly, by Land now held 
 by the said William Pear man, formerly held by his wife Anna if orris 
 Pearman, deceased, and there measuring Sixty-eight feet — (as will 
 more fully appear by a certain Plot or Plan of the said Lot of Land 
 lately made and taken by the Surveyor General of Lands in these 
 Islands to be filed in the Secretary's Office) — was valued by the said 
 Justices at the sum of and on the 
 day of (after having been duly advertised for 
 Sale) was pursuant to such notice put up and exposed to Sale at Pub- 
 lic Auction under our direction at the said sum of 
 as the upset price or valuation thereof, and that [name and addition 
 of Purchaser] then and there became and was the highest bidder for 
 and Purchaser of the said Lot at the price or sum of 
 on which amount Interest at the rate of five per centum per annum 
 is to be paid by the said his Heirs 
 or Assigns to the Eector of the Parish aforesaid anfl his Successors 
 on the first day of January in every year hereafter. 
 
 In Witness whereof. We the Eector and Justices aforesaid have 
 ♦ hereunto set our Hands and Seals the day of 
 
 in the year of Our Lord 185 
 
 Signed, Sealed and Delivered, 
 in the presence of : 
 
 Signature of Eector, (Seal.) 
 
 Signatures of i (Seal.) 
 
 Justices I (Seal.) 
 
 To be recor- 
 ded in the 
 Secretary's 
 Office, and 
 vest the 
 Land In the 
 purchaser, 
 in fee sim- 
 ple condi- 
 tional. 
 
 which said Certificate shall within Three Calendar Months from the 
 day of the date thereof be recorded in the Secretary's Office of these 
 Islands at the expense of the Purchaser of the said Lot, and the said 
 Lot or Parcel of Land shall thereupon vest in the Purchaser thereof, 
 his Heirs and Assigns in fee simple conditional. 
 
1852.] BERMUDA ACTS. 605 
 
 rV. And be it, &c., That if at any time after such Sale as afore- interest how- 
 said the said annual Rent or Interest, at the rate aforesaid, or any "'=°''°™''''- 
 part thereof shall be in arrear and unpaid for the space of ten days 
 next after the day or time whereon the same ought to be paid as 
 aforesaid, it shall be lawful for the Eector of Pembroke Parish afore- 
 said for the time being, either to re-enter into the said lot of Land 
 and to hold the same as of his former Estate or to recover the said 
 annual Eent or Interest and all arrears thereof either by distress in 
 like manner as Kents in these Islands, in ordinary cases are recover- 
 able by distress, or to recover the same as Debts not exceeding Six 
 Pounds are by Law made recoverable. — And the said Lot or Parcel 
 of Land shall at all times be liable to and chargeable with the pay- 
 ment of the said annual Interest, any alienation or other disposition 
 thereof by the original Purchaser or any subsequent Proprietor 
 thereof notwithstanding. 
 
 Y. And be it, &c., That if at any time hereafter when the said in case of ^ 
 annual Interest shall become due and payable, there shall happen to terestto'go 
 be no Hector or Incumbent of Pembroke Parish aforesaid to receive cumbent."' 
 the same, such Interest and all arrears thereof accrued whilst the said 
 living was vacant shall go to the next Hector or Incumbent of the 
 said Parish who shall be entitled to recover the same in the manner 
 hereinbefore provided or expressed. 
 
 1852. No. 23. 
 
 AN ACT providing an annual allowance for the Provost Marshal 
 
 General. 
 
 [23 July, 1852.] 
 
 "WHEREAS it is deemed expedient to provide an Annual Allow- preamble. 
 ance for the Provost Marshal General of these Islands, instead of the 
 Fees and allowances hitherto payable to him out of the Public Trea- 
 sury, for his official Services to the Colony : 
 
 I. "We, therefore, &c., and be it enacted, &c., that during the con- £i50ayear 
 tinuance of this Act, the annual Sum of One Hundred and Fifty oQt''of'the 
 Pounds, be paid to the Provost Marshal General of these Islands, out ^^'1*1™^^*°^ 
 of any unappropriated monies in the Public Treasury of these Islands, Marshal 
 in four equal quarterly payments, up to and inclusive of the last days *^'°"^^'- 
 of March, June, September, and December, respectively, in every year, 
 during the continuance of this Act : upon a Warrant from the Gov- 
 ernor — and that the first of those payments be computed from the first 
 
 day of May in this present year — and that a rateable "proportion of 
 such Quarterly allowance be paid for any portion of a Quarter of a 
 year, for which the duty may be performed, upon a corresponding 
 Warrant. 
 
 II. And be it, &c., that the quarterly payments hereinbefore Ana to be 
 mentioned, shall be deemed and taken to be in full discharge of 'a°/?ecs''a'^na 
 all fees, perquisites and allowances, which the Provost Marshal Gene- allowances 
 
606 
 
 BERMUDA ACTS, 
 
 [1853. 
 
 fSr thrpub- I'^l shall be entitled to, or may demand, out of the Public Treasury of 
 for ft's""' these Islands, for any Official Services bjr him performe'd, or to b6 
 awe^by^^^' performed, for the Public, during the period of time to which such 
 dMduab'or payments shall relate : but shall not deprive the Provost Marshal 
 Crown General of any other lawful fees, perquisites or emoluments, which he 
 Bents. may be entitled to demand or receive from any private Individuals, 
 
 or out of the Eents, Issues or Profits of any Crown or Official 
 
 Lands. 
 
 Dmation. III. And be it, &e., that this Act shall continue in force until 
 
 and throughout the last day of December in the year of Our Lord 
 One Thousand Eight Hundred and Fifty-five, and then to determine 
 and expire. 
 
 [Continued to the end of 1863, and the Salary increased by Act of 1858, No. 10.] 
 
 1853. No. 1. 
 
 AN ACT to continue and amend the Act intituled '■'An Act repealing 
 all Acts of the Legislature of these Islands relating to or providing 
 for the payment of persons attending as Jurors and Constables on 
 the Courts of King^s Bench and Common Pleas, or General As- 
 size, and for making thepaymsnt to Jurors and Constables more 
 general P 
 
 [IV June, 1853.] 
 
 Preamble. 
 
 Act of 1827 
 continued. 
 
 Jurors and 
 Constables 
 from St. 
 Georges to 
 receive 10s. 
 ■pii 
 
 WHEEEAS the Act intituled " An Act repealing all Acts of the 
 Legislature of these Islands relating to or providing for the payment 
 of persons attending as Jurors and Constables on the Courts of King's 
 Bench and Common Pleas, or General Assize, and for making the 
 payment to Jurors and Constables more general " — was passed by the 
 Governor, Council and Assembly of these Islands in the year of Our 
 Lord One Thousand Eight Hundred and Twenty-seven for a limited 
 period of time — and since then has been continued in operation for 
 further periods by Acts passed in the Years One Thousand Eight Hun- 
 dred and Thirty-Six, and One Thousand Eight Hundred and Forty- 
 seven — and it is expedient that the same be continued in operation for ■ 
 a further period — with the amendment hereinafter contained — ^which 
 was also contained in the said Act passed in the Year One Thousand 
 Eight Hundred and Forty-seven. 
 
 I. We, therefore, &c., and be it enacted, &c., that the said Act, 
 the title whei;^of is above recited be, and the same hereby is continued 
 in force during the continuance of this present Act. 
 
 II. And be it, &c., that the Jurors and Constables from Saint 
 George's Parish, who shall attend either of the Courts of Queen's 
 Bench, General Assize or Quarter Sessions, at any time during the 
 continuance of this present Act, instead of the rate of pay mentioned 
 in the said Act passed in the Year One Thousand Eight Hundred and 
 Twenty-seven shall each be entitled to and receive the sum of Ten 
 
1853.] BERMUDA ACTS. GOt 
 
 Shillings of the present lawful money of these Islands for each and 
 every day's attendance as aforesaid. 
 
 III. And be it, &c., that this present Act shall be and continue Duration, 
 in force until and throughout the last day of December, which will 
 be in the Tear of Our Lord One Thousand Eight Hundred and Sixty- 
 three. 
 
 1853. No. 3. 
 
 AN ACT to amend the Law of Evidence. 
 
 [29 July, 1863.] 
 
 WHEEEAS it is expedient to amend the Law of Evidence in preamble, 
 divers particulars : 
 
 I. We, therefore, &c., and be it enacted, &c., that so much of the „ . -o . 
 first Section of the Act passed by the Legislature of these Islands in i.*of Ictof ' 
 the Year One Thousand Eight Hundred and Forty-four, intituled " An p^eT 
 Act for improving the Law of Evidence " as provides that the said 
 
 Act " shall not render competent any party to any Suit, Action or 
 Proceeding individually named in the Eecord, or any Lessor of the 
 Plaintiff or Tenant of Premises sought to be recovered in Eject- 
 ment or the Landlord or other person in whose right any Defendant 
 in Peplevin may make Cognizance, or any person in whose immediate 
 and individual behalf any action may be brought or defended, either 
 wholly or in part" — be and the same hereby is repealed. 
 
 II. And be it, &c., that on the trial of any issue joined or of any Parties to be 
 matter or question, or on any Inquiry arising in any Suit, Action or wSs"^ 
 other Proceeding in any Court of Justice or before any Person having 
 
 by Law, or by consent of parties, authority to hear, receive and exam- 
 ine evidence, the pai'ties thereto and the persons in whose behalf any 
 such Suit, Action or other proceeding may be brought or defended 
 shall, except as hereinafter excepted, be competent and compellable to 
 give Evidence either viva voce or by deposition, according to the prac- 
 tice of the Court, on behalf of either or any of the parties to the said But not to 
 Suit, Action or other proceeding. S'^'"'"'^' 
 
 charged 
 
 III. Provided always, and be it, &c., that nothing herein contained «B-nor''to 
 shall render any person who in any criminal proceeding is charged ^ns^givT 
 with the commission of any indictable offence, or any offence punish- Evidence to 
 able on summary conviction, competent or compellable to give Evi- themselves 
 dence for or against himself or herself — or shall render any person make iTus- 
 compellable to answer any question tending to criminate himself or wi«8%''o"m- 
 herself — or shall in any criminal proceeding render any Husband com- p^'=°' '«'"- 
 petent or compellable to give Evidence for or against his Wife, or any oragain°st 
 Wife competent or compellable to give Evidence for or against her tacrim'nli 
 
 Husband. proceedings. 
 
 77 
 
608 BEEMUDAACTS. - [1853. 
 
 to pr'ocS^ I^- -A-nd be it, &c., that Bothing herein contained shall apply to 
 Adulter r ^^^ Action, Suit, Proceeding or Bill in any Court of Justice whatever, 
 Breach of ""^ instituted in consequence of Adultery, or to any Action for Breach of 
 MaSge.' Promise of Marriage. 
 
 peal A^rof V. And be it, &c., that nothing herein contained shall repeal any 
 s^cttog Provision contained in the Act of the Legislature passed in the Year 
 Wills. One Thousand Eight Hundred and Forty, intituled " An Act for the 
 
 amendment of the Laws with respect to Wills." 
 
 Law'coSrts ^I- And be it, &c., that whenever any Action or other legal pro- 
 authorized ceeding shall henceforth be pending in any of the Superior Courts of 
 Inspection Commou Law in these Islands, such Court and each of the Chief or 
 ment°when- Ssnior Assistant Judges thereof may respectively, on application made 
 wouid''"rant ^°^ ^^'^^ purposc by either of the Litigants compel the opposite party 
 Discovery, to allow the party making the application to inspect all Documents in 
 the custody or under the control of such opposite party, relating to 
 such action or other legal proceeding, and if necessary to take exam- 
 ined copies of the same, or to procure the same to be duly stamped, 
 in all cases in which previous to the passing of this Act a Discovery 
 might have been obtained by filing a Bill or by any other proceedings 
 in a Court of Equity at the instance of the Party so making applica- 
 tion as aforesaid to the said Court or Judge. 
 
 Foreign and Yll- And be it, &c., that all Proclamations, Treaties, and other 
 Colonial Acts of State of any Foreign State, or of any British Colony, and all 
 state, Judg- Judgments, Decrees, Orders and other Judicial proceedings of any 
 provabit'by Court of Justicc in the United Kingdom of Great Britain and Ireland 
 c^pies'^ or in any Foreign State or in any British Colony — and all Aflidavits, 
 Pleadings and other legal Documentsi filed or deposited in any such 
 Court, may be proved in any Court of Justice, or before any Person 
 having by Law or by consent of Parties, authority to hear, receive and 
 examine Evidence, either by examined Coj)ies or by Copies authenti- 
 cated as hereinafter mentioned : (that is to say) if the document sought 
 to be proved be a Proclamation, Treaty or other Act of State, the 
 authenticated Copy to be admissible in Evidence must purport to be 
 Sealed with the Seal of the Foreign State or British Colony to which 
 the original Document belongs : and if the Document sought to he* 
 proved be a Judgment, Decree, Order, or other Judicial Proceeding 
 of any Court in Great Britain or Ireland, or of any Foreign or Colonial 
 Court, or an Affidavit, Pleading or other legal Document filed or de- 
 posited in any such Court, the authenticated Copy to be adniissible in 
 Evidence must purport either to be Sealed with the Seal of the Brit- 
 ish, Foreign or Colonial Court to which the original Document be- 
 longs, or in the event of such Court having no Seal, to be signed by 
 the Judge, or if there be more than one Judge, by any one of the 
 Judges of the said Court^and suf h Judge shall attach to his Signa- 
 ture a Statement in writing on the said Copy that the Court whereof 
 he is a Judge has no Seal ; but if any of the aforesaid authenticated 
 Copies shall purport to be Sealed or Signed as hereinbefore respect- 
 ively directed, the same shall respectively be admitted in Evidence in 
 every case in which the original Document could have been received 
 in Evidence without any proof of the Seal, where a Seal is necessary, 
 or of the Signature, or of the truth of the Statement attached thereto, 
 
1853.] BERMUDA ACTS. 609 
 
 where such Signature and Statement are necessary, or of the Judicial 
 character of the Person appearing to have made such Signature and 
 Statement. 
 
 Vin. And be it, &c.. That every Document which by any Law ^^^j^'^f^f^^ 
 now in force or hereafter to be in force is or shall be admissible in in England 
 Evidence of any particular in any Court of Justice in England, with- pJ*f"of 
 out proof of the Seal, or Stamp or Signature authenticating the same, ^radm°&i° 
 or of the Judicial or Official character of the person appearing to have bieheie. 
 signed the same, shall be admitted in Evidence to the same extent and 
 for the same purposes in any Court of Justice in these Islands, or be- 
 fore any person having in these Islands by Law, or by consent of par- 
 ties, authority to hear, receive and examine Evidence, without proof 
 of the Seal or Stamp or Signature authenticating the same, or of the 
 Judicial or Official character of the person appearing to have signed 
 the same, 
 
 IX. And be it, &c.. That every Eegister of a Vessel kept under f^^'/B^,.. 
 any of the Acts of the Imperial Parliament relating to the Hegistry of ish'yesseiB, 
 British Vessels may be proved in any Court of Justice or before any tspHma 
 person having by Law or by consent of Parties authority to hear, -{nc^onhdr 
 receive and examine Evidence, either by the production of the original contents. 
 or by an examined Copy thereof, or by a Copy thereof purporting to be 
 certified under the hand of the person having the charge of the 
 original ; and which person is hereby required to furnish such certified 
 
 Copy to any person appl;fing at a reasonable time for the same, upon 
 payment of the sum of One Shilling ; and every such Register, or such 
 Copy of a Eegister and also every Certificate of Registry, granted 
 under any of the Acts of the Imperial Parliament relating to the 
 Registry of British Vessels, and purporting to be signed as required 
 by Law, shall be received in Evidence in any Court of Justice, or be- 
 fore any person having by Law, or by consent of Parties, authority to 
 hear, receive and examine Evidence, as prima facie proof of all the 
 matters contained or recited in such Register, when the Register or 
 such Copy thereof as aforesaid is produced ; and of all the matters 
 contained or recited in, or endorsed on such Certificate of Registry 
 , when the said Certificate is produced. 
 
 X. And whereas it is expedient as far as possible to reduce the where nec- 
 expense attendant upon the proof of criminal proceedings— Be it provT con- 
 enacted. That whenever in any proceeding whatever it may be neces- (j^'uittai'of 
 sary to prove the Trial and Conviction or acquittal of any person l^^°1, 
 charged with any indictable offence it shall not be necessary to pro- with osence, 
 duee the Record of the Conviction or acquittal of such person, or a sary°t^o°pro- 
 copy thereof, but it shall be sufficient that it be certified or purport to *"^^*^°" 
 be certified under the Hand of the Clerk of the Court or other Officer 
 having the custody of'the Records »f the Court where such Conviction 
 
 or acquittal took place, that the paper produced is a copy of the 
 Recotd of the Indictment, Trial, Conviction and Judgment or acquit- 
 tal, as the case may be, omitting the formal parts thereof. 
 
 XL And be it, &c., That whenever any book or other document or^'cCTtmed 
 is of such a Public nature as to be admissible in Evidence on its mere ^oTOment 
 production from the proper custody, and no Statute or Act of the admissible. 
 
610 
 
 BERMUDA ACTS, 
 
 [1853. 
 
 Legislature exists which renders its contents provable by means of a 
 Copy — any Copy thereof, or Extract therefrom shall be admissible in 
 Evidence, provided it be proved to be an examined Copy or Extract, 
 or provided it purport to be signed and certified as a true Copy or ex- 
 tract by the Officer to whose custody the original is entrusted, and 
 which Officer is hereby required to furnish such certified Copy or Ex- 
 tract to any person applying at a reasonable time for the same, upon 
 payment of a reasonable Sum for the same not exceeding Six-pence 
 for every folio of One Hundred words. 
 
 Certifying ^I- And be it, &c., that if any Officer authorized or required 
 
 a false docu- ijy this Act to f umish auv certified Copies or Extracts shall wilfully 
 
 ment, a mis- *'.n , %. ;S t^ i i ^ ' i_t t 
 
 demeanour, certify any document as bemg a true Copy or Extract, knowmg that 
 the same is not a true Copy or Extract, as the -case may be, he shall 
 be guilty of a misdemeanour, and be liable upon conviction to impri- 
 sonment with or without hard labour for any term not exceeding 
 eighteen Calendar months. 
 
 Forging 
 Seal, Ac, of 
 eert^ Doc- 
 uments, 6v 
 wilfully ut- 
 tering them 
 — Felony. 
 
 Xni. And be it, &c.. That if any person shall forge the Seal, 
 Stamp or Signature of any Document in this Act mentioned or re- 
 ferred to, or shall tender in Evidence any such Document with a false 
 or counterfeit Seal, Stamp or Signature thereto, knowing the same to 
 be false or counterfeit, he shall be guilty of Felony, and shall upon 
 conviction be liable to Imprisonment with or without hard labour for 
 any term not exceeding Three years, nor less than One year : — and 
 whenever any such Document shall have been admitted in Evidence 
 by virtue of this Act the Court or the Person wlio shall have admitted 
 the same, may, at the request of any party against whom the same is 
 so admitted in Evidence, direct that the same shall be impounded and 
 be kept in the custody of some Officer of the Court, or other proper 
 person for such period and subject to such conditions, as to the said 
 Court or Person shall seem meet. 
 
 inierpreta- XIY. And be it, &c., That the words " British Colony " as used 
 
 " "sritih"^' in this Act shall apply to all the British territories under the govern 
 
 ' British 
 Colony." 
 
 ment of the East India Company, and to the Islands of Guernsey, 
 Jersey, Alderney, Sark and Man, and to all other possessions of the* 
 British Crown wheresoever and whatsoever — out of the United King- 
 dom of Great Britain and Ireland. 
 
 DeedSj &c~ 
 made in the 
 Foreign 
 "West India 
 Islands, or 
 in the ITni- 
 ted States, 
 and proved 
 before Con- 
 sul, Chief 
 Judge or 
 Notary Pub- 
 lic, admissi- 
 ble. 
 
 XV. And be it, &c.. That Conveyances and Deeds, Letters of 
 Attorney and other Powers in writing made in any of the Islands in 
 the "West Indies out of Her Majesty's Dominions, or in any part of 
 any of the States of the United States of America, the execution of 
 which shall be proved by the acknowledgment of the party executing 
 the same, or by affidavit sworn, or solemn affirmation or Declaration 
 made by any subscribing Witness" thereto, befoVe any British Consul 
 or Yice Consul or before any Chief or Senior Judge of any Cojirt of 
 Justice, or before any Notary Public, in any such Island or State, and 
 attested under the hand of such Officer or Person before whom the 
 same shall be so acknowledged, sworn, affirmed or declared to,— and 
 the Official Seal of such British Consul or Vice Consul, Judge or 
 ISTotary shall be deemed and taken to be as sufficiently proved as if 
 
1853.] • BEEMUDAACTS. 611 
 
 the same acknowledgment were made by the said party in open Court, 
 or as if the same Witness were personally present and swore to the 
 matters contained in such "Affidavit, Affirmation or Declaration, in 
 open Court. 
 
 XYI. And be it, &c.. That this Act shall commence in operation Duration. 
 on the first day of January now next ensuing, and shall continue in 
 force until and throughout the last day of December which will be in 
 the year of Our Lord One Thousand Eight Hundred and Fifty-five. 
 
 [Continued to the end of 1867, by Act of 185Y, No. 8.] 
 
 1853. No. 4. 
 
 AN ACT to 'prevent the improper introduotion of Spirituous and 
 Fermented Liquors into Boaz Island and Watford Island. 
 
 [29 July, 18S3.] 
 
 "WHEKEAS the Island called Boaz Island, and the small Island Preamble, 
 lying between Boaz Island and Somerset Island called Watford Island, 
 have been entirely purchased by or on behalf of Your Majesty for the 
 Pablic Service — and Buildings have been erected and other Buildings 
 are in the course of being erected there for the reception of Offenders 
 under Sentence or Order of Transportation in the United Kingdom 
 transported or brought to Bermuda to be kept to labour on the Public 
 Works — and it is expedient that precautions should be taken to pre- 
 vent any improper introduction of Spirituous or Fermented Liquors 
 into the said Islands : 
 
 I. We, therefore, &c., and be it enacted, &c., that if any person Penalty on 
 shall carry or bring, or attempt or endeavour to carrv or brina; into or carrying ij-. 
 
 • ji ^ 1 • 1 T 1 1 n T -r-» -r 1 -i i ttt /» t -r t t quortoBoaz 
 
 upon either oi the said islands called Boaz Island and Watford Island orwatfom 
 or shall supply or shall cause to be supplied to any Offender there Supplying 
 * confined or kept as an Offender any Spirituous or Fermented Liquor, any°offen- 
 it shall be lawful for any Overseer or other Officer belonging to any aer there. 
 place of confinement on either of the said Islands — or for any Convict 
 Guard or other Officer of the Convict Establishment there, or for any 
 Constable or Peace Officer to apprehend or cause to be apprehended 
 such person and to carry such Person before a Justice of the Peace 
 (wlio is hereby empowered to hear atid determine such offence in a 
 Summary way) and if he shall lawfully convict such Person of such 
 offence he shall commit such person to one of Her Majesty's Gaols in 
 these Islands there to be kept in custody for any time not exceeding 
 three months without Bail orMainprize unless such Person shall either 
 immediately or at such time as the said Justice shall order pay down 
 such Sum of money not exceeding Ten Pounds, and not less than Five 
 Pounds as the said Justice shall impose upon such person : one moiety 
 thereof to be paid to the Informer and the other moiety to be paid into 
 the Public Treasury of these Islands in aid of the maintenance of the 
 Public Gaols in these Islands. 
 
612 
 
 BERMUDA ACTS. 
 
 [1853. 
 
 Penalty not , H. Provided always, and be it, &c., that the penalty hereinbefore 
 r°ea by c^- mentioned shall in no case be incurred, by carrying any Spirituous or 
 q^/thtre, Fermented Liquor to or upon either of the said Islands called Boaz 
 withpermi- Island and "Watford Island — if the same shall be carried there with 
 tain Officers, permission in writing first had and obtained from the Superintendent 
 in Bermuda or from the Deputy Superintendent of the Establishment 
 for Convicts transported to Bermuda as aforesaid — or other Chief Offi- 
 cer of the said Establishment for the time being, or from such other 
 person or persons as the Superintendent shall from time to time em- 
 power to grant such permission. 
 
 Governor 
 may pardon 
 Prisoners 
 confined for 
 non-pay- 
 ment of 
 penalty. 
 
 in. And be it, &e., that it shall be lawful for the Governor of 
 these Islands to extend Her Majesty's gracious pardon to any Prisoner 
 confined in Gaol under the provisions of this Act, although such pris- 
 oner may be so confined for the non-payment of money to some party 
 other than the Crown. 
 
 IV. And be it, &c., that this Act shall be and continue in 
 force until and throughout the last day of December, which will 
 be in the Year of Our Lord, One Thousand Eight Hundred and Fifty- 
 six. 
 
 [Continued to the end of 1866, by Act of 1855, No. 3.] 
 
 1853. No. 10. 
 
 AN ACT further to amend the Acts for the Collection of the Bevenue. 
 
 [4 Noyember, 1853.] 
 
 Act of 1848, 
 No. 10, sec- 
 tion 29, re- 
 pealed. 
 
 Receiver 
 General to 
 recover 
 Duties. 
 
 Proviso — 
 As to sums 
 not exceed- 
 ing £10. 
 
 WHEEEAS it is deemed expedient to make the amendments 
 hereinafter contained to the Acts for the Collection of the Eevenue : 
 
 I. "We, therefore, &c., and be it enacted, &c., That the Twenty- 
 ninth Section of the Act passed by the Legislature of these Islands in 
 the Tear One Thousand, Eight Hundred and Forty-eight, intituled, 
 " Ail Act to provide for the Collection of the Eevenue," shall be re- 
 pealed from and after the commencement of this Act ; except as to 
 such Suits (if any) as shall have been commenced before that day, 
 which may be proceeded with in like manner as if this present Act 
 had not been passed. 
 
 II. And be it, &c., That it shall be lawful for the Eeceiver 
 General to sue for and recover any Duty or Tax under any Act of the 
 Legislature of these Islands relating to the Eevenue to be received or 
 collected by the Eeceiver General, together with full Costs of Suit in 
 any of the Superior Courts of Eecord in these Islands by action of 
 Debt, Bill, Plaint or Information, wherein no Essoin, Protection or 
 "Wager of Law shall be allowed. Provided always, that when any such 
 Duty or Tax shall not exceed the sum of Ten Pounds, and the Ee- 
 ceiver General shall think fit so to sue for the same, the same may be 
 
1853.] BERMUDA ACTS. 613 
 
 sued for and recovered with Costs of Suit, before any Justice or 
 Justices of the Peace, in like manner as Debts not exceeding Ten 
 Pounds may be sued for and recovered in ordinary cases, and with the 
 like right of Appeal. 
 
 III. And be it, &c., That all penalties and forfeitures which may Penalties 
 have been heretofore or may be hereafter incurred, under this or any ^oyerail'j 
 other Act of the Legislature of these Islands relating to the Revenue ^l^l'^^^or 
 to be received or collected by the Receiver General shall and may be other Kev- 
 prosecuted, sued for, and recovered by the Receiver General, or any cers! 
 other Officer of the Revenue, with costs of Suit, in any Court of 
 Record or of Vice Admiralty in these Islands. — Provided always, that 
 
 when any such penalty or forfeiture shall not exceed the sum of Ten 
 Pounds, and the Receiver General or any other Revenue Officer shall 
 think fit so to sue for the same, the same may be sued for and 
 recovered, with Costs of Suit, before any Justice or Justices of the 
 Peace, in like manner as Debts not exceeding Ten Pounds may be 
 sued for and recovered in ordinary cases, and with the like right of 
 Appeal. 
 
 IV. And be it, &c., That no Appeal shall be prosecuted from j,,, appeal 
 any Decree or Sentence of the Court of Vice Admiralty touching any fromAdmi- 
 penalty or forfeiture imposed by this Act, or by any other Act relating uniesBwithta 
 to the aforesaid Revenue — unless the Inhibition shall be applied for ^^ "°°""'- 
 and decreed within twelve months from the time when such Decree or 
 Sentence was pronounced. 
 
 V. Provided always, and be it, &c.. That in any case in which ffi™^"" 
 proceedings shall have been or shall hereafter be instituted in any raity ^""^ 
 Court of Vice Admiralty or other competent Court in these Islands tionnotto 
 against any Ship, Vessel, Boat, Goods, or Effects, for the Recovery of ll by* a™*' 
 any Penalty or Forfeiture under this Act, or any other Act relating ^l^^^^J^l' 
 to the aforesaid Revenue — the Execution of any Sentence or Decree security. 
 restoring such Ship, Vessel, Boat, Goods or effects to the claimant 
 thereof, which shall be pronounced by the said Vice Admiralty or 
 
 other Court in which such proceedings shall have been had, — shall not 
 be suspended by reason of any appeal which shall be prayed and 
 allowed from such Sentence, provided that the party or parties Appel- 
 late shall give sufficient security, to be approved of by the Court, to 
 render and deliver the Ship, Vessel, Boat, Goods, or Effects concern- 
 ing which such Sentence or Decree shall be pronounced, or the full 
 value thereof — to be ascertained either by agreement between the 
 Parties, or, in case the said Parties cannot agree, then by appraisement 
 under the authority of the said Court, to the Appellant or Appellants 
 in ease the Sentence or Decree so appealed from shall be reversed, 
 and such Ship, Vessel, Boat, Goods or Effects be ultimately con- 
 demned. 
 
 VI. And be it, &c., That the Twenty-sixth Section of the above- ^ct of i848, 
 mentioned Act passed in the Year One Thousand Eight Hundred and ^nd is'sl^^' 
 Forty-eight, and the Second Section of the Act passed in the Year One no. le, §'2, 
 Thousand Eight Hundred and Fifty-two, intituled " An Act to con- ""'*'"'• 
 tinue and amend the Acts for the Collection of the Revenue " shall be 
 
 and the same hereby are repealed from and after the commencement of 
 
614 
 
 BERMUDA ACTS, 
 
 [1853. 
 
 Vessels, &c., 
 used in the 
 removal of 
 forfeited 
 Croods to be 
 forfeited. 
 Penalty on 
 persons as- 
 sisting or 
 concerned 
 in smuggling 
 Goods. 
 Proviso. 
 
 Proviso — as 
 to Goods 
 unladen by 
 necessity. 
 
 this present Act ; and instead thereof, be it enacted, that all Yessels, 
 Boats, Carriages and Cattle made use of in the removal of any Goods 
 liable to forfeiture under this or any other Act relating to the aforesaid 
 Kevenue of these Islands, shall be forfeited : and every person who 
 shall assist or be otherwise concerned in the unshipping, landing oi 
 removal, or in the harbouring of such Goods, or into whose hands or 
 possession the same shall knowingly come shall forfeit and pay the 
 treble value thereof — Provided always, that when any Goods so un- 
 shipped, landed or removed, or any part thereof, shall happen not to 
 be seized by the Officers of the Revenue, then in every such ease, 
 instead of the penalty hereinbefore imposed, every person who shall 
 assist or be otherwise concerned in the unshipping, landing or re- 
 moval or in the harbouring of any such Goods, or into whose hands 
 the same shall knowingly come, shall forfeit and pay the Sum of Fifty 
 Pounds, with costs of Suit. — Provided always, that in case of neces- 
 sity by Shipwreck or other Casualty, the unlading or landing of any 
 Goods before reporting the same to the proper Officer of Revenue 
 shall not be deemed to incur any penalty under any Act relating to 
 the aforesaid Revenue, if the unlading or landing of the same be 
 duly reported as soon afterwards as the necessity of the case will 
 admit. 
 
 Mode of as- 
 certaining 
 value of 
 Goods for 
 Penalty. 
 
 VII. And be it enacted and declared. That in all cases where any 
 penalty, the amount of which is at any time to be determined by the 
 value of any Goods, is authorised to be paid, or Sued for under any Act 
 relating to the Revenue of these Islands, such, value shall, as regards 
 the payment of such penalty to the Receiver General, or as regards any 
 Proceedings in any of Her Majesty's Courts, be estimated and taken 
 according to the real and true value of Goods of the like sort or 
 denomination, and upon which the duties of Importation shall have 
 been paid in Bermuda, at or about the time of the Commission of the 
 offence, and such real and true value shall be ascertained either by 
 any mode which may be authorized by any of Her Majesty's Courts 
 in these Islands, taking cognizance of the matter, or by two com- 
 petent persons to be appointed for that purpose by the Governor, 
 which persons shall make a Declaration in writing before the Receiver 
 General or the Assistant Receiver General what is such real and true 
 value. 
 
 Allowances YIII. And whereas by the first Section of the Act passed in the 
 for^evapora- Year One Thousand Eight Hundred and Fifty-one, further to amend 
 Sstds ir- *^® -^^^ ^^ provide for the Collection of the Revenue, — certain allow- 
 its extended aucBS are authoi'izcd to be made for the evaporation and leakage of 
 yla?s°incer- Warehouscd Spirits, and it is thereby provided that such Spirits shall 
 tain cases. j^q|. -]^q entitled to the said allowances for a greater period than Two 
 Years ; and by the third Section of the Act passed in the Year One 
 Thousand Eight Hundred and Fifty-two to continue and amend the 
 Acts for the Collection of the Revenue, the Receiver General is author- 
 ised to grant further time beyond Two Years for Goods to remain 
 Warehoused, if he shall think fit so to do : Be it enacted. That in case 
 any such Spirits shall be allowed to remain Warehoused for a further 
 time beyond Two Years as aforesaid, similar allowances for evapora- 
 tion and leakage shall be made for every Six Months beyond the 
 
1853.] BERMUDA Acts. 615 
 
 said Two Years during which such Spirits shall remain in the Ware- 
 house, as are authorised by the said Act passed in the Year One 
 Thousand Eight Hundred and Fifty-one, to be made during the said 
 Two Years. 
 
 IX. And be it, &c., that from and after the commencement of Allowance 
 this present Act, it shall be lawful for the Eeceiver General, or other uon^t''"™' 
 proper Officer of the Eevenue, to make allowance for evaporation and ^^^^^ 
 leakage, to the Importer of "Wines which shall have been 'Warehoused wines. 
 upon the landing of the same, at and after the following rate — that is 
 
 to say : 
 
 For every Pipe of Wine — ^for every Six Months that the same shall be 
 
 in the Warehouse — One and a Half Gallon. 
 For every Half Pipe or Hogshead of Wine — for every Six Months 
 
 that the same shall be in the Warehouse — Three Quarters of a 
 
 Gallon. 
 For every Quarter Pipe of Wine — for every Six Months that the same 
 
 shall be in the Warehouse — Half a Gallon. 
 
 And the said allowance for evaporation and leakage shall be deducted 
 from the quantity or guage of such Wine first ascertained at the time 
 the same was deposited in the Warehouse, whenever such Wine shall 
 be taken out of the Warehouse, and the duties shall bo paid on the 
 quantity which shall appear after such allowance shall have been de- 
 ducted, anything contained in the Eighteenth Section of the said Act 
 passed in the Year One Thousand Eight Hundred and Forty-eight, or 
 in any other Act heretofore passed to the contrary notwithstanding. — 
 Provided always, that in no case, shall any allowance be made as is 
 above mentioned for evaporation or leakage, if such Wine be taken 
 out of the Warehouse within Six Months of the date of the Warehous- 
 ing of the same. 
 
 X. And whereas it is expedient to provide additional facilities for Goods im- 
 the Entry of Goods arriving from abroad : Be it enacted, that it shall ^'^^ *' 
 be competent to parties residing at the Port of Hamilton, or in any maybeMi- 
 part of these Islands Westward of the Public Ferry, who shall import dutiespaid 
 Goods by any Vessel arriving at the Port of St. George, to make De- "* Hamilton, 
 elaration oi the V alue and Quantities or sucli Goods and pay the w«a- 
 amount of the duty thereon at the office of the Receiver General in 
 
 the Town of Hamilton, — and it shall likewise be competent to parties 
 residing at Saint George to pursue the same course at the office of the 
 Assistant Receiver General in the Town of Saint George with respect 
 to the Entry of any Goods and the payment of the duty thereon, which 
 they may have imported in any Yessel arriving or entering at the Port 
 of Plamilton. — ^And the Receiver General and the Assistant Receiver 
 General are respectively authorized and required to endorse such Bills 
 of Entry containing such Declaration to the effect that the duty men- 
 tioned therein has been paid, which Bills of Entry shall be forwarded 
 by the Importer or his Agent to the Receiver General or the Assist- 
 ant Receiver General, of the Port where the Yessel shall be entered ; 
 and, on the same being found correct, the Goods shall be considered 
 as duly entered as if the Importer or his Agent were personally pres- 
 ent : and the respective Officers aforesaid shall duly account to and 
 78 
 
616 
 
 BERMUDA ACTS. 
 
 [1854. 
 
 wifh each other for the several amounts of duty by them severally 
 received, and the same shall be credited by them in the Public Ac- 
 counts in like manner, as if they had been by them received at the 
 respective Ports of Importation at which they are the proper Officers. 
 
 Tbis Act to 
 be deemed 
 
 XI. And be it, &c., that this present Act shall be deemed and 
 pirt o^Aot taken to be a part of the said Act passed in the year One Thousand, 
 loi^nd*"" Eight Hundred and Forty-eight, and may be amended or repealed by 
 may^be^m- any Act to be passed in this present Session of the Legislature, and 
 shall continue in force until and throughout the last day of December, 
 which will be in the year of our Lord, One Thousand, Eight Hundred 
 and Fifty-eight, and no longer. 
 
 [Contiaued to the end of 1861, by Act of 1860, No. 10.] 
 
 ended, &c. 
 
 Duration. 
 
 1854. No. 4. 
 
 AN ACT to continue and amend the Act intituled " An Act for attach- 
 i/ng the Money, Ooods, Chattels, and Delts of Absent Debtors." 
 
 [23 June, 1854.] 
 
 pwambie. WHEKEAS the Act intituled " An Act for attaching the Money, 
 
 Goods, Chattels, and Debts of Absent Debtors," was passed by the 
 Governor, Council and Assembly of these Islands in the Year of Our 
 Lord One Thousand Eight Hundred and Forty-Seven, for a limited 
 period of time : and it is expedient to continue the same in force for a 
 further period, with the amendment hereinafter contained : 
 
 AotofiMT I. "We, therefore, &c., and be it enacted, &c., that the said Act, 
 with Amend- the title whcrcof is above recited, be, and the same hereby is contin- 
 ments. ^g^ jj^ forcc, for aud during the continuance of this present Act. 
 
 n. And be it, &c., that the Sixteenth Section of the said Act 
 passed in the Tear One Thousand, Eight Hundred and Forty-Seven, 
 be, and the same hereby is repealed : except as to the proceeds of any 
 Goods sold under the provisions of the said Section before the passing 
 of this present Act : which proceeds shall and may be dealt with and 
 disposed of, as if this present Act had not been passed : — and instead 
 of the said Sixteenth Section — ^be it enacted, That if any perishable 
 Goods shall be attached under the said Act passed in the Year One 
 Thousand, Eight Hundred and Forty-Seven, or this present Act, it 
 shall be lawful for the said Court, or for any Judge of the said Court 
 at Chambers, upon application of the Plaintiff, Garnishee, or Defend- 
 ant, or Provost Marshal General or other Officer of the Court, to order 
 such Goods to be sold by Public Sale, and the proceeds lodged in Court, 
 to abide the issue of the Cause : — and that it shall also be lawful for 
 the said Court, or Judge, on the like application, to order any other 
 Goods attached as aforesaid, to be so sold, and the proceeds thereof to 
 be lodged in Court for the like purpose, if it shall satisfactorily ap- 
 pear to such Court or Judge that such Sale will be for the benefit of 
 the party or parties concerned. 
 
 Section 16 
 repealed. 
 
 Perishable 
 £roodB and 
 likewise 
 other Goods 
 attached, 
 may be sold 
 under order 
 of Court, 
 when such 
 sale will be 
 for the ben- 
 efit of par- 
 ties. 
 
1854.] B.ERMUDA ACTS. 617 
 
 III. And be it, &c., that this Act be, and continue in force until Duration, 
 and throughout the last Day of December which will be in the Year 
 of our Lord One Thousand, Eight Hundred and Sixty-Four, and then 
 to determine and expire. 
 
 1854. No. 10. 
 
 AN ACT further to amend the Act " To Consolidate and Amend the 
 Laws relative to Civil Suits before Justices of the PeaceP 
 
 [4 August, 1854.] 
 
 "WHEEEAS by the Act intituled "An Act to Consolidate and pi-eambie. 
 Amend the Laws relative to Civil Suits before Justices of the Peace," 
 which was passed by the Legislature of these Islands in the Year of 
 Our Lord One Thousand, Eight Hundred and Fifty, and by the Second 
 Section of the said Act, it is enacted that after Judgment given in 
 any of the cases therein mentioned, and satisfaction not being made 
 accordingly within Ten Days next ensuing, the Justice or Justices 
 may and shall grant a "Warrant of Distress, to be proceeded with as 
 in the said Act is further expressed : And Whereas by various Acts 
 of the Legislature of these Islands divers penalties and forfeitures are 
 made recoverable under the provisions of the said Act passed in the 
 Year One Thousand, Eight Hundred and Fifty, and by reason of the 
 aforesaid interval of ten days prescribed between the giving of Judg- 
 ment and issuing of Process for tlie execution thereof, parties may be 
 enabled to withdraw themselves and their effects from these Islands 
 before the expiration of the said ten days, and thereby to evade the 
 course of Justice : 
 
 I. We, therefore, &c., and be it enacted, &c.. That from and when any 
 after the passing of this Act, whenever any judgment shall be given agLKst 
 by any Justice or Justices of the Peace in any Suit under the said menuf"''^" 
 Act passed in the Year One Thousand, Eight Hundred and Fifty, or ^^^''^f ■ 
 any Act in amendment or extension thereof, and it shall be proved about to 
 to the satisfaction of such Justice or Justices that the party against Mandaffi^ 
 whom such Judgment shall be awarded shall be about to leave these Exeoutin 
 Islands within the said ten days, it shall be lawful for such Justice or maybeis- 
 Justices, immediately or at any time after such Judgment shall be ™' ' 
 given without waiting for the expiration of the said ten days, to issue 
 
 a Warrant for enforcing and carrying into effect such Judgment, in 
 like manner as could heretofore be done at the expiration of the said 
 ten days. 
 
 II. Provided always, and be it enacted. That when the Defend- ^tayXia 
 ant in any such Suit before any Justice or Justices of the Peace for any 
 
 Debt or matter, other than a penalty or forfeiture, shall be a Common not'enforced 
 Sailor on board of, or belonging to any Vessel about to depart from sidy oV''^ 
 these Islands within the said ten days, it shall not be lawful for ^o"'"? com 
 any such Warrant of Distress to be enforced or executed upon the mon saiiors, 
 Body of such Common Sailor, or upon his Clothing or other Goods or othS Ijian 
 Chattels such as it may be usual for Common Sailors to carrry to sea p™"'"*"- 
 with them. 
 
618 
 
 BERMUDA ACTS, 
 
 [1854. 
 
 1854. No. 13. 
 
 AN ACT to prohibit the Burial of the Dead in the Chv/rch Yard 
 adjoining the Parish Church in the Town of Saint George. 
 
 [25 Angust, 1854.] 
 
 Preamble. 
 
 Burials pro- 
 hibited in 
 the Church 
 Yard in St. 
 George's. 
 
 Penalty. 
 
 Act to ccm- 
 mence on 
 Ist May, 
 1855. 
 
 "WHEEEAS tlie Church Yard, or Burial Ground adjoining the 
 Parish Church, in the Town of Saint George, having become much 
 crowded with the Bodies of the Dead— Your Majesty has been 
 graciously pleased to grant and reserve, for the purposes of a Burial 
 Ground, a Fiece of Land, containing about three acres, situate in the 
 North West Corner of the Lands called " The Park" — to the North- 
 ward of the said Town: and Your Majesty's Governor, Council and 
 Assembly of these Islands have lately granted a sum of Three Hundred 
 Pounds out of the Public Treasury of the said Islands for the purpose 
 of enclosing the said parcel of three acres and rendering the same more 
 fit for the purpose of a Burial Ground : and it is deemed expedient to 
 discontinue and prevent the interment of Corpses hereafter in the 
 Church Yard or Burial Ground adjoining the said Church : 
 
 I. We, therefore, &c., and be it enacted, &c., That from and after 
 the commencement of this Act, it shall not be lawful to bury the dead 
 in the Church Yard or Burial Ground adjoining the Parish Church in 
 the Town of Saint George : and that every person who shall, after the 
 commencement of this Act, bury any Corpse or Coffin, or in anywise 
 act or assist in the burial of any Corpse or Coffin there, shall be guilty 
 of a misdemeanour : and on conviction thereof, be liable to be fined 
 any sum not less than Fifty Pounds and not more than One Hundred 
 Pounds : and in default of payment thereof to be imprisoned for any 
 term not exceeding Twelve Calendar Months. 
 
 n. And be it enacted. That this Act shall commence in operation 
 on the First Day of May now next ensuing. 
 
 1854. No. 15. 
 
 AN ACT to continue and amend the Acts for regulating the 
 
 Pilotage. 
 
 [1 September, 1854.] 
 
 Preamble. 
 
 WHEEEAS the Act intituled "An Act for the better regulation 
 of the Pilotage," was passed by the Legislature of these Islands in the 
 Year of Our Lord One Thousand Eight Hundred and Forty-three, for 
 a limited period of time ; and the Act intituled " An Act to continue 
 and amend the Act intituled ' An Act for the better regulation of the 
 Pilotage,' " was passed by the Legislature in the Year One Thousand, 
 
1854.] BERMUDA ACTS. 619 
 
 Eight Hundred and Forty-eiglit, for a limited period of time, and it is 
 expedient to, continue the said Acts in force with the amendments 
 hereinafter contained : 
 
 I. "We, therefore, &c., and be it enacted, &c., That the said Acts Acta of i843 
 respectively passed in the Years One Thousand, Eight Hundred and contL^d 
 Forty-three, and One Thousand, Eight Hundred and Forty-eight, the j^^^t^"""^" 
 titles whereof are above recited, be, and the same hereby are continued 
 in force during the continuance of this present Act, with the amend- 
 ments hereinafter contained. 
 
 n. And be it, &c.. That any person who, without the direction penalty for 
 of the Commissioners of Pilotage, shall moor or make fast any Yessel, Soatal'^io?,' 
 Boat, or Craft to any Buoy or Pole fixed for the purpose of facilitating bj,™°'*^' 
 the Pilotage of Yessels in any of the Channels or Harbours of these 
 Islands, shall forfeit and pay a sum not exceeding Three Pounds, with 
 Costs of Prosecution, to be recovered, enforced, and applied as other 
 Penalties may be recovered, enforced, and applied under the said Act 
 passed in the Year One Thousand, Eight Hundred and Forty-three. 
 
 HI. And whereas doubts have been entertained whether Yessels Brigantines 
 rigged as Brigantines are to be considered square rigged Yessels under d°eemed 
 the ninth section of the said Act — Be it enacted and declared, That g^a^yyaffa 
 Brigantines shall be deemed to be square rigged Yessels within the 
 meaning of the said Act. 
 
 lY. And be it, &c.. That after the expiration of three years sureties in 
 from the date of any Becognizance given or to be given for the pur- R^^ognizan- 
 
 ft T T. t'i'i 1 • "T" 1 1 • 1 A .rt ces may be 
 
 pose 01 enabling a Pilot to obtain a Licence under the said Act, if any aisciiargea 
 person who shall be or shall have become a Surety for such Pilot in cases'™ 
 such Recognizance shall make appplication in writing to the Commis- 
 sioners of Pilotage to be discharged from- such Eecognizance, the Com- 
 missioners shall cause notice of such application to be given to such 
 Pilot, and such Eecognizance shall be vacated and discharged accord- 
 ingly at the expiration of three calendar months from the time of such 
 notice being given except as to matters done or liabilities incurred 
 before the expiration of such notice : and such Pilot, if desirous of con- 
 tinuing to hold such Licence, shall within the said three months give 
 fresh Eecognizance before the said Commissioners or any one of them 
 in the Penalty of Fifty Pounds, with two sufficient Sureties, to be ap- 
 proved of by the said Commissioners, or any one of them, with con- 
 dition to the effect expressed in the Schedule A annexed to the said 
 Act passed in' One Thousand, Eight Hundred and Forty-three; and 
 unless such fresh Eecognizance shall be given, the Licence of such 
 Pilot shall cease and determine at the expiration of the said three 
 months, and the Commissioners shall cause a notice to be published in 
 one or more of the Newspapers published in these Islands, that such 
 Licence has been so determined. 
 
 Y. And whereas by the Fourth Section of the said Act passed in puotage 
 the Year One Thousand Eight Hundred and Forty-three, it is, among f^^'^^s f°^pi- 
 other things, enacted, that the rates for Piloting any Yessel from one seisfrom 
 Port or Anchorage to another in these Islands shall be half as much as another'ia" 
 
620 
 
 BERMUDA ACTS. 
 
 [1854. 
 
 fa° ''ise^' tbe Pilotage rates for Piloting such Yessel from Sea would be under 
 No. s.) ' the said Act passed in the Year One Thousand, Eight Hundred and 
 Forty-eight : Be it enacted, That instead thereof, hereafter the rates 
 for Piloting any Yessel from one Port or Anchorage to another^ m 
 these Islands shall he half as much as the Pilotage rates for Piloting 
 such Yessel outwards to Sea would be under the said Act passed m the 
 Year One Thousand, Eight Hundred and Forty-eight. 
 
 Duration of YI. And be it, &c., That this present Act shall be and continue 
 ^'"- in force until and throughout the last day of December, which will be 
 
 in the Year of Our Lord One Thousand Eight Hundred and Sixty, 
 
 and then to determine and expire. 
 
 [Continued to the end of 1866, and amended by Act of 1860, So. 3.] 
 
 1854. No. 16. 
 
 AN ACT to provide a Quarantine Station in the Oreat Sov/iid. 
 
 [8 September, 1854.] 
 
 Preamble. 
 
 If the Pro- 
 prietors of 
 the Islands 
 recommen- 
 ded for a 
 Quarantine 
 Station, 
 shall make a 
 good title 
 and execute 
 a Certificate 
 of surrender 
 to the Crown 
 
 WHEEEAS it is expedient to provide some accommodation on 
 one or more of the Islands in the Great Sound for persons arriving 
 here in Yessels placed in Quarantine, and for the Medical Officers 
 and other persons in attendance upon them, and to secure the use of 
 such Islands when required from time to time for other purposes con- 
 nected with the enforcement of Quarantine Laws, and with the Public 
 Health : 
 
 I And whereas a Joint Committee of the Council and Assembly have 
 recommended as being suitable for the Purposes of a Quarantine Sta- 
 tion, the [two Islands hereinafter described, (that is to say) — the two 
 Islands called by a variety of names, but described in Norwood's Map 
 of Bermuda and the Book of Explanation accompanying the same as 
 " Tuckers Islands" and there designated by the numbers thirty-six and 
 thirty-seven — which two Islands are subject to the payment of Quit 
 Kents to Her Majesty, amounting together to the sum of Five Pounds 
 Eight Shillings of the present lawful money of Bermuda in every year ; 
 and are now in the occupation of Mr. John Peter Smith of Warwick 
 Parish, who has offered to sell the same to the Colony for the sum of 
 Two Hundred Pounds, and it is deemed expedient to close with that 
 offer, and to purchase the said two Islands, and vest the same in Her 
 Majesty for the purposes aforesaid : 
 
 I. "We, therefore, &c., and be it enacted, &c., that if the said 
 John Peter Smith, or any other person or persons being the Proprietor 
 or Proprietors of the two Islands above mentioned, within twelve 
 months after the passing of this Act shall make out a satisfactory 
 title to the said Islands in fee simple conditional (subject to the pay- 
 ment of Quit Kents as aforesaid) and shall execute a certificate under 
 his, her or their hand and seal, or hands and seals setting forth the pay- 
 ment of the said sum of Two Hundred Pounds in conformity with the 
 
1854.] BERMUDA ACTS. 621 
 
 prescriptions of this Act, and that the said two Islands with the ap- forthepur- 
 purtenances had been surrendered to Her Majesty, her Heirs and Sue- icMhe**^ 
 cessors forever, for the purposes of this Act — the said two Islands with be™o'me°'" 
 the appurtenances shall immediately be and become vested in Her ™ted in 
 Majesty, her Heirs and Successors forever, to and for the uses and pur- fortho°aI° 
 poses contemplated by this Act, and to or for no other use, intent or aSa'paw 
 purpose whatsoever ; and thenceforth shall be and remain free and J"^^,^'^^ 
 clear of and from all Estate or Interest therein of the said John Peter sury. 
 Smith, or such other Proprietor or Proprietors as aforesaid or of any 
 other person claiming by, from or under him, them or any of them — 
 and such Certificate shall be recorded in the Secretary's Office, and a 
 Copy of the Record of such Certificate shall 'he ^rima facie evidence 
 thereof ; — and the "Wife of the said John Peter Smith or of any other 
 such Proprietor as aforesaid, shall not afterwards be entitled to clainl 
 any Dower in the said Islands ; and if such Proprietor shall happen 
 to be a married woman, immediately upon the execution of such Cer- 
 tificate by her and her Husband, the said Islands shall (so far as re- 
 lates to such Married "Woman, her Heirs and Assigns) be vested in 
 Her Majesty as aforesaid, without any further acknowledgment of such 
 Certificate by such Married "Woman : and upon the execution of such 
 Certificate the Receiver General is hereby authorized and required to 
 pay to the said John Peter Smith, or such other Proprietor or Proprie- 
 tors as aforesaid, under a "Warrant from the Governor, the said sum of 
 Two Hundred Poimds, out of any unappropriated monies in the Public 
 Treasury. 
 
 II. And be it, &c., that in case it shall happen at the time of the if no money 
 execution of any such Certificate as aforesaid by the said John Peter ^'y a^u!:" 
 Smith, or such other Proprietor or Proprietors as aforesaid — that "|'''^'°t"'° 
 there shall not be in the Public Treasury as much money unappro- Receiver' 
 priated to other purposes as shall be sufficient to pay the said sum of mly'SL 
 Two Hundred Pounds ; and the said John Peter Smith, or such other Xtl^g]S- 
 Proprietor or Proprietors as aforesaid shall be willing to accept the terest. 
 same ; then and in such case the Receiver General shall be, and he 
 hereby is authorized and required to execute and deliver to the said 
 John Peter Smith, or such other Proprietor or Proprietors as aforesaid, 
 under the hand and seal of the said Receiver General, a Debenture 
 for the said sum of Two Hundred Pounds, or two Debentures for the 
 sum of One Hundred Pounds each, which Debentures shall bear In- 
 terest from the day of the date thereof at and after the rate of five per 
 centum per annum : and when and as soon as there shall be any un- Mode of Re- 
 appropriated monies in the Public Treasury available for that purpose •''™p'""'- 
 and sufficient to redeem the said Debentures, or either of them, it shall 
 be the duty of the Receiver General, either to pay the amount of the 
 principal and interest due upon such Debentures, or either of them, 
 upon production thereof to him, or to advertise in one or more of the 
 E^ewspapers published in these Islands for the payment of such De- 
 bentures, or Debenture, and upon production thereof >to him to pay 
 the amount thereof with any arrears of interest due thereupon. Pro- proviao. 
 vided always, that after the said Debentures or either of them, shall 
 have been so advertised for payment, no further Interest thereupon 
 shall accrue after the expiration of ten days from the publication of 
 such advertisement. 
 
622 
 
 BEEMUDA ACTS, 
 
 [1854. 
 
 Quit Rents III. And whereas the said two Islands are subject to the payment 
 
 Crown, to to Her Majesty, her Heirs and Successors of a Quit Eent or Annual 
 of th^TrTa- Interest as follows, (that is to say) — an Interest upon the sum of One 
 sury- Hundred and Fifty-six Pounds of the present lawful money of Ber- 
 
 muda for the said Island number thirty-six (called Burt's Island in the 
 original grant thereof), and an Interest upon the sum of Twenty-four 
 Poimds of like money for the said Island number thirty-seven (called 
 Ward's Island in the original grant thereof), at and after the rate of 
 Three Pounds for every One Hundred Pounds thereof by the year, — 
 which said Quit Kents or Interest monies amount in the whole to Five 
 Pounds Eight Shillings in every year, and are made payable as fol- 
 lows, (that is to say) — one moiety thereof at the Feast of Saint John 
 the Baptist ; and the other moiety thereof at the Feast of the Nativity 
 of Our Lord : — Be it enacted, That in every year after the execution of 
 such Certificate of surrender as aforesaid by the said John Peter Smith 
 or the other Proprietors of the said Islands, there be paid by the Ke- 
 ceiver General, under the Governor's "Warrant, out of any monies in 
 the Public Treasury to the Eeceiver of Crown Kents in these Islands, 
 at the Feast of Saint John the Baptist one moiety of the said sum of 
 Five Pounds Eight Shillings, and at the Feast of the Nativity of Our 
 Lord, the other Moiety of the same sum. 
 
 1854. No. 17. 
 
 AN ACT to amend the Act " To establish certain Regulations for 
 the performance of Qua/ra/ntineP 
 
 [19 September, 1854.] 
 
 Preamble. 
 
 Health Offi- 
 cer to take 
 the answers 
 of Masters. 
 &c., of Ves- 
 sels, upon 
 oath or af- 
 firmation, 
 and when 
 he shall see 
 fit, in writ- 
 ing. 
 
 Vestry or 
 Board of 
 Health may 
 authorize 
 persons to 
 inspect 
 Houses, &c., 
 to carry 
 prescrip- 
 tions of the 
 Law into ef- 
 fect. 
 
 WHEEEAS it is expedient to make some amendments to the Act 
 passed by the Legislature of tliese Islands in the Year of Our Lord, 
 One Thousand, Eight Hundred and Thirty-six, intituled " An Act to 
 establish certain Eegulations for the performance of Quarantine" : 
 
 I. We, therefore, &c., and be it enacted, &c., That the answers 
 to any questions which any Health Officer in the execution of his duty 
 under tlie said Act passed in the Year One Thousand, Eight Hundred 
 and Thirty-six, or any other Act in amendment or extension thereof, 
 is authorised to demand of the Master, Mate, or other person on board 
 of any Ship or Vessel shall in all cases be made upon Oath or Affir- 
 mation — and such answers, or such of them as the Health Officer 
 shall see fit, shall be reduced to writing and signed by the person 
 giving them. 
 
 II. And be it, &c.. That whenever there shall be reason to believe 
 that any prescription of the said Act passed in the Year 1836, or of 
 any Act in extension or amendment thereof, or of any Eule or Eegu- 
 lation made or to be made in pursuance thereof has not been complied 
 with — it shall be lawful for any Yestry or Board of Health by any 
 writing signed by them, or their Chairman, to authorise any Constable 
 or other person, at any time between sunrise and sunset, either with 
 or without assistants, to enter into and inspect the state and condition 
 
1854.] BEBMUDAACTS. 633 
 
 of any House, Building, Koom, Court Yard, or other enclosed place 
 ■whatever, for the purpose of ascertaining whether such prescriptions 
 as aforesaid have been complied with, and to take such measures as 
 may be necessary and lawful to carry such prescriptions into effect. 
 
 III. And be it, &c., That it shall be lawful for any Constable o^ f^J^^'^^^J' 
 for any other person duly authorised so to do by any Board of Health persons au- 
 or Vestry in manner and form aforesaid, at any time between sunrise ve°8™yor''^ 
 and sunset, with or without assistants, to enter into and inspect any Heaith°Lay 
 Shop, Building, Stall, Place, or Boat, kept or used for the Sale of enter shops 
 Butcher's Meat, Poultiy or Fish, or as a Slaughter House, and to tnaexlm-' 
 examine any Animal, Carcase, Meat, Poultry, Game, Flesh, or Fish, M^h'^nteV-" 
 which may be therein, or may be in the "Water near thereto — and in fj*'J''„°4t' 
 case any Animal, Carcase, Meat, Poultry, Game, Flesh, or Fish, appear for food it 
 to him to be intended for the food of man, and to be unfit for such Sd and 
 food, the same may be seized — and if it appear to a Justice of the by°or°d«V 
 Peace upon the evidence of a competent person that any such Animal, a Justice. 
 Carcase, Meat, Poultry, Game, Flesh, or Fish, is unfit for the food of 
 
 man, he shall order the same to be destroyed, or to be so disposed of 
 as to prevent its being exposed for Sale, or used for such food, and the 
 person to whom such article so seized belongs, or in whose Custody 
 the same shall be found, shall be liable to a penalty not exceeding penalty. 
 Twenty Shillings together with Costs of Prosecution, to be recovered 
 and applied like other Penalties under the said Act. 
 
 IV. And be it, &c.. That it shall be lawful for the Boards of ^f^^f^^^ 
 Health of the Towns of Hamilton and Saint George respectively to makeKegu- 
 make such Rules and Kegulations as may appear to them expedient Mbuingfex- 
 for prohibiting the exposure for Sale in the said Towns respectively, certato"^ 
 or at any "Wharf or Landing Place at the said Towns respectively, ''""s) the 
 except within certain prescribed hours, of any Sharks or other fish safe°o"* 
 producing noisome or offensive smells, and for seizing the same, and other rfsh* 
 causing the same to be removed, destroyed or otherwise disposed of, ^JJ*"^"^^ 
 as may be deemed necessary or beneficial for the public health. smeiis. 
 
 V. And be it, &c., That the Disease commonly called "Yellow YeiiowPe- 
 Fever" shall for the purposes of the said Act passed in the Year One deenTed" an 
 Thousand, Eight Hundred and Thirty-six, and of any other Act in aidton™ 
 amendment or extension thereof, be deemed and considered to be an ^^°"^„ 
 infectious and contagious disease. 
 
 Regulations 
 
 VI. And be it, &c.. That so much of the said Act passed in the to places 
 Year One Thousand, Eight Hundred and Thirty-six, and of any other BoaVds'of'^ 
 Act in amendment or extension thereof, or of any Rules or Begula- ^f'lfj°^ 
 tions made or to be made under the provisions thereof, as may be ';»o »* the 
 applicable to any place of accommodation provided by any Board of be a'ppiica- 
 Health for the reception of the sick and used for the sick, shall in like andsVnd 
 manner and to the same extent be applicable to any island or place ?|d°a°fSJ°' 
 of accommodation provided under the provisions of any Act of the that pur- 
 Legislature made or to be made, for the reception of the sick, and used K of the 
 
 for the sick. Legislature. 
 
 Health Offl- 
 
 VII. And be it, &c.. That it shall be the duty of the Health v™setfrom 
 Officer on every occasion of visiting any Vessel coming from Sea, to f^^\i° """" 
 
 79 
 
624 
 
 BERMUDA ACTS. 
 
 [1854-5. 
 
 Grew, and 
 see every 
 person on 
 board, and 
 personally 
 inspect ev- 
 ery dead 
 body on 
 board, ex- 
 cept in cer- 
 tain cases. 
 
 Act may be 
 altered or 
 amended 
 during the 
 Session. 
 
 Duration of 
 Act. 
 
 muster the crew and all other persons on board or else to see every 
 person then on board of such Vessel, and in case there shall then be 
 the dead body of any person on board of such Vessel personally to 
 inspect such dead body, unless the same shall be then enclosed in an 
 air tight case, or for some other reason it shall appear to such Health 
 OflScer improper for him to inspect such dead body. 
 
 VIII. And be it, &c.. That this Act may be altered or amended 
 by any Act to be made in this present Session of the Legislature. 
 
 IX. And be it, &c.. That this Act shall be and continue in force 
 until and throughout the last day of December in the Tear of Our 
 Lord, One Thousand, Eight Hundred and Fifty-nine. 
 
 [Continued to the end of 1869, together with Acts of 1836, 1855, and 1857, by Act of 
 1858, No. 1.] 
 
 1854. No. 19. 
 
 AN ACT settling an Annual Sala/ry on His Excellency Lieutenant- 
 Colonel Freeman Murray, Governor and Commander-in-Chief. 
 
 [10 October, 1854.] 
 
 Settling on 
 Governor 
 Murray a 
 Salary of 
 £500. 
 
 WHEEEAS it is essential to the necessary support of the honor 
 and dignity of Her Majesty's Government that a Salary be settled on 
 His Excellency the Governor and Commander-in-Chief of these Isl- 
 ands, to continue during his residence within the same in that capa- 
 city: 
 
 I. We, therefore, &c., and be it enacted, &c., that there be settled 
 on His Excellency Lieutenant-Colonel Feeeman Mueeat, a yearly 
 Salary of Five Hundred Pounds, of lawful money of these Islands, to 
 commence upon and from the Twenty-fourth day of July, in the Year 
 One Thousand, Eight Hundred and Fifty-four, and to continue for 
 and during his residence within this Government as Governor and 
 Commander-in-Chief of the same, and that such Salary be annually 
 provided for as other contingent charges of Government. 
 
 1855. No. 2. 
 
 AIST ACT tx) continue the Act intituled "An Act to amend the Lam 
 of Evidence" and for the fwrther improvement of the Lam on 
 that subject. 
 
 [9 July, 1855.] 
 
 Preamble. 
 
 WHEEEAS the Act intituled "An Act to amend the Law of Ev- 
 idence " — was passed by the Legislature of these Islands in the year 
 of Our Lord, One Thousand, Eight Hundred and Fifty-Three, for a 
 
1855.] BERMUDA ACTS. 625 
 
 limited period, and it is deemed expedient to continue the same in 
 force, with the further amendments hereinafter contained : 
 
 I. We, therefore, &e., and be it enacted, &c., That the said Act, ^°^^?l^^^^ 
 the title whereof is above recited be, and the same hereby is continued 
 
 in force during the continuance of this present Act with the amend- 
 ments hereinafter expressed : 
 
 II. And whereas the Law touching Evidence requires further Husbands 
 amendment — ^be it enacted, That on the trial of any Issue joined, or of „? pSfto 
 any Matter or Question, or on any inquiry arising in any Suit, Action ^f/^{^i'|j': 
 or other Proceeding in any Court of Justice, or before any person sea. 
 having by Law or by consent of Parties authority to hear, receive and 
 examine Evidence, the Husbands and Wives of the parties thereto, 
 
 and of the Persons in whose behalf any such Suit, Action or other 
 Proceeding may be brought or instituted, or opposed or defended, 
 shall, (except as hereinafter excepted) be competent and compellable 
 to give Evidence either viva voce, or by Deposition, according to the 
 practice of the Court, on behalf of either or any of the parties to the 
 said Suit, Action or Proceeding. 
 
 III. And be it, &c., That nothing herein contained shall render Except in 
 any Husband competent or compellable to give Evidence for or against cases and in 
 his Wife, or any Wife competent or compellable to give Evidence for adultery. 
 or against her Husband, in any criminal proceeding, or any proceed- 
 ing instituted in consequence of Adultery. 
 
 IV. And be it, &c., That no Husband shall be compellable to andwi'vea 
 disclose any communication made to him by his Wife during the mar- not com- 
 riage, and no Wife shall be compellable to disclose any communica- dLiose 
 tion made to her by her Husband during the marriage. SoS"™''"' 
 
 V. And be it, &c., That so much of Section one, of the Act of the so much of 
 Legislature passed in the year One Thousand, Eight Hundred and i'tNoiof 
 Forty-Eour, intituled "An Act for improving the Law of Evidence," J^^toHus- 
 as provides that the said Act shall not render competent the Husband bands and 
 or Wife of any party to any Suit, Action or Proceeding individually peaTe"^ 
 named in the Record, or of any Lessor of the Plaintiff, or of the Ten- 
 ant of Premises sought to be recovered in Ejectment ; or of the Land- 
 lord, or other Person in whose right any Defendant in Replevin may 
 
 make cognizance, or of any Person in whose immediate and individual 
 behalf any action may be brought or defended, either wholly or in 
 part, be, and the same hereby is repealed. 
 
 YI. . And be it, &c.. That if any person called as a Witness, or Affirmation 
 required or desiring to make an Affidavit or Deposition, shall refuse ofthtacer- 
 or be unwilling from alleged conscientious motives to be sworn, — it tain cases. 
 shall be lawful for the Court, or Judge, or other presiding Officer, or 
 person qualified to take Affidavits or Depositions, upon being satisfied 
 of the sincerity of such objection, to permit such person, instead of 
 being sworn, to make his or her solemn Affirmation or Declaration in 
 the words following ; videlicet : — " I, A. B., do solemnly, sincerely and 
 truly affirm and declare, that the taking of any Oath is, according to 
 my religious belief, unlawful ; and I do also solemnly, sincerely, and 
 
626 BEEMUDAACTS. [1855. 
 
 truly affirm and declare, cfec," — wliicli solemn Affirmation and De- 
 claration shall be of the same effijct as if such Person had taken an 
 Oath in the usual form. 
 
 Punish- YII. And be it, &c., That if any Person making such solemn 
 
 Sifflr- Affirmation or Declaration shall wilfully, falsely, and corruptly affirm 
 mation. Qp declare any matter or thing, which if the same had been sworn in 
 the usual form, would have amounted to wilful and corrupt Perjury, 
 every such person so offending shall incur the same penalties as by the 
 Laws in force in these Islands at the time of such offence, are or may 
 be enacted or provided against persons convicted of wilful and corrupt 
 Perjury. 
 
 How far a VIII. And be it, &c., That a party producing a Witness shall 
 
 dficMdirhia not be allowed to impeach his credit by general evidence of bad cha- 
 own witness, j-actcr, but he may, in case the Witness shall, in the opinion of the 
 Judge, prove adverse, contradict him by other evidence, or, by leave 
 of the Judge, prove that he has made at other times a statement 
 inconsistent with his present testimony ; but before such last mentioned 
 Proof can be given, the circumstances of the supposed statement, suf- 
 ficient to designate the particular occasion, must be mentioned to the 
 Witness, and he must be asked whether or not he has made snch 
 statement. 
 
 Proof"* IX. And be it, &c.. That if a Witness upon cross-examination as 
 
 tory'state- to a formcr statement made by him relative to the subject matter of 
 the Cause, and inconsistent with his present testimony, does not dis- 
 tinctly admit that he has made such statement, Proof may be given 
 that he did in fact make it ; but before such proof can be given, the 
 circumstances of the supposed statement, sufficient to designate the 
 particular occasion, must be mentioned to the Witness, and he must 
 be asked whether or not he has made such statement. 
 
 Cross-exam- X. And be it, &c.. That a Witness may be cross-examined as to 
 to^previ^M previous statements made by him in writing, or reduced into writing 
 S*' rit™*^ relative to the subject matter of the Cause, without such writing being 
 ^' shown to him : but if it is intended to contradict such Witness by the 
 writing, his attention must, before such contradictory proof can be 
 given, be called to those parts of the writing which are to be used for 
 the purpose of so contradicting him : — Provided always, that it shall 
 be competent for the Judge, at any time during the trial, to require 
 the production of the writing for his inspection, and he may there- 
 upon make such use of it for the purpose of the Trial as he shall 
 think fit. 
 
 Proof of ^I- •^^'i ^6 it) <^c.. That a Witness in any Cause may be ques- 
 
 previpus tioned as to whether he has been convicted of any Felony or Misde- 
 
 conviction -, -,. , -, < n ■, .i'^-,,^-,^ 
 
 of a witness, mcauour, and upon bemg so questioned, if he either denies the fact, or 
 refuses to answer, it shall be lawful for the opposite party to prove 
 such conviction ; and a Certificate containing the substance and effect 
 only (omitting the formal part) of the Indictment and Conviction for 
 such offence, purporting to be signed by the Clerk of the Court, or 
 other Officer having the Custody of the Eecords of the Court where 
 the offender was convicted, or of the Deputy of such Clerk or Officer 
 
 ments of 
 
 witness. 
 
1855.1 BERMUDA ACTS. 627 
 
 (for whicli Certificate a Fee of Two Shillings and no more shall be 
 demanded or taken) shall, upon proof of the identity of the person, be 
 sufficient Evidence of the said Conviction, without Proof of the signa- 
 ture or Official character of the Person appearing to have signed the 
 same. 
 
 XII. And be it, &c., That, it shall not be necessary to prove by the ^tofis^fo 
 attesting "Witness any Instrument to the validity of which attestation ^"/Jj^f^t 
 is not requisite ; and such Instrument may be proved by admission, or caiied ex- 
 otherwise, as if there had been no attesting Witness thereto. tX iaser 
 
 XIII. And be it, &c., That comparison of a disputed writing comparison 
 
 • t .. 1 1 * n ' /»jixiii .*-'of disputed 
 
 With any writing proved to the satistaction oi the J udge to be genuine writing per- 
 shail be permitted to be made by "Witnesses : and such writings, and felllL^ 
 the Evidence of Witnesses respecting the same, may be submitted to '=^«^'- 
 the Court and Jury as Evidence of the genuineness, or otherwise, of 
 the writing in dispute. 
 
 XIY. And be it, &c., That this Act shall be and continue in Duration. 
 force until and throughout the last day of December, which will be in 
 the Year of Our Lord One Thousand Eight Hundred and Sixty, and 
 then to determine and expire. 
 
 [Continued to the end of 186'7, by Act of 1867, ^o. 8.] 
 
 1855. No. 5. 
 
 AN" ACT to continue and amend the Act " to Repeal the Act to pre- 
 vent Parish Charges hy Poor Persons removing from one Tribe 
 to another, and to make other enactments instead thereof." 
 
 [11 August, 1858.] 
 
 WHEEEAS the Act intituled " An Act to repeal the Act to pre- preamble. 
 vent Parish Charges by poor persons removing from one Tribe to 
 another ; and to make other enactments instead thereof," — was passed 
 by the Legislature of these Islands in the Year of our Lord One Thou- 
 sand Eight Hundred and Thirty-four, for a limited period of time, and 
 has since then been continued in operation by Acts respectively passed 
 in the years, One Thousand Eight Hundred and Forty, and One 
 Thousand Eight Hundred and Forty-six, and it is expedient still 
 further to continue the same in force, with the amendment hereinafter 
 expressed : 
 
 I. We, therefore, &c., and be it enacted, &c., that the said Act Actofi884 
 the title whereof is above recited be, and the same hereby is continued continued. 
 in force during the continuance of this present Act. 
 
 II. And whereas it is expedient to fix some definite period which Tiireeyears 
 shall be deemed to confer upon any person a good settlement in any hereaft™"^ 
 Parish : be it enacted, that when any person shall inhabit in any Parish ^"eemed a 
 for three years continuously at any time after the passing of this pre- goodaettie- 
 sent Act, such inhabitancy shall be adjudged and deemed a good 
 
628 
 
 BEEMUDA ACTS. 
 
 [1855. 
 
 Proviso, as settlement in such Parish. — Provided always, that if any person shall 
 Inc'fSntor come to inhabit in any Parish, and shall procure and deliver to the 
 from"°n-'° Church Wardens or Overseers of the Poor of such Parish, or either of 
 other pariah, them, a Certificate under the hands of the Church Wardens or Over- 
 seers of the Poor of any other Parish, thereby owning and acknowl- 
 edging such Person to be an inhabitant legally settled in the last men- 
 tioned Parish, (every such Certificate having been allowed of and sub- 
 scribed by some Justice of the Peace residing in sucli last mentioned 
 Parish,) such Certificate shall entitle such person and his or her family, 
 to inhabit in such Parish to which he or she shall come as aforesaid : 
 but such person so coming to inhabit in any Parish and his or her 
 family, shall not gain a settlement in the parish into which he or she 
 shall come to inhabit with a Certificate as aforesaid by inhabitancy, or 
 by any other Act whatever, unless he or she shall really and lonajide 
 take a lease of a tenement in such Parish of the yearly value of Four 
 Pounds, Sixteen Shillings, of the present lawful money of Bermuda, 
 or shall execute some public annual Office in such Parish, being legally 
 placed in such Office. 
 
 Settlements III. Provided always, and be it, &c., that nothwithstanding any- 
 qSedVy"" thing in this Act contained, it shall be lawful for any person to acquire 
 any of the a legal Settlement in any Parish in these Islands by any or either of 
 ttroii\d"by the modes authorised by the said Act passed in the Year One Thou- 
 Acto(i884. g^^^ Eight Hundred and Thirty-four, in like manner as if this present 
 Act had not been passed. 
 
 Duration. lY. And be it, &c., that this Act shall be and continue in force 
 
 until and throughout the last day of December in the Year of Our Lord 
 One Thousand Eight Hundred and Sixty-two, and then to determine 
 and expire. 
 
 Preamble. 
 
 1855. No. 6. 
 
 AN ACT Providing a Stipend in aid of the support of the Minister 
 of the Presbyterian Church in these Isla/nds. 
 
 [18 August, 1855.] 
 
 WHEEEAS the Legislature of these Islands has deemed it expe- 
 dient and proper to make suitable provision in aid of the maintenance 
 and support of the Ministers of certain denominations of Christian 
 Worship ; and whereas the Minister of the Presbyterian Church or 
 Congregation — the existence of which in these Islands has been from 
 an early period of the settlement of the Colony — was for a series of 
 years provided for, to a certain extent, at the Public charge, but, for 
 several years past, has been altogether unaided from that source ; and 
 whereas the Minister of the Presbyterian Church in these Islands 
 derives no Salary or assistance whatever from the Parent Church in 
 Scotland, but is wholly dependent upon local aid ; and whereas in 
 consequence of the Members and adherents of the said Presbyterian 
 Church being scattered throughout the several Parishes of these 
 
1855.] BERMUDA ACTS. 629 
 
 Islands (as is evinced by the Census of the Colony taken in the Year, 
 One Thousand, Eight Hundred and Fifty-one, and continues to be the 
 case) the duties of such Minister have very considerably increased 
 since the passing of an Act in the Year One Thousand, Eight Hundred 
 and Thirty-one providing a Salary for the Presbyterian Minister of 
 Warwick Parish : — it is, therefore, expedient and advisable that an 
 allowance in aid of the decent maintenance and support of a duly 
 recognized Minister of the Gospel should be made in favor of the 
 Minister of the Presbyterian Church in these Islands upon a principle 
 similar to that which at present exists in regard to Ministers of other 
 Churches in these Islands ; 
 
 I. "We, therefore, &c., and be it enacted, &c.. That there be Annual sum 
 allowed and paid to the Minister of the Presbyterian Church in these litit^^e^ 
 Islands — and being a subject of Her Majesty Queen Yictoeia — the ^^^^^^-^i^_ 
 annual Sum of One Hundred and Twenty Pounds, in aid of the later, out of 
 maintenance and support of such Minister — the same to be paid su^y^'°* 
 Quarterly (and proportionally for any part of a Quarter), out of any 
 unappropriated monies in the Public Treasury of these Islands, upon 
 
 such Minister for the time being producing to the Receiver General a 
 Certificate signed by a majority of the Elders of the aforesaid Church 
 who may be in these Islands at the date thereof — setting forth that he 
 has resided in these Islands and been diligently engaged in the perfor- 
 mance of the duties appertaining to his Office for the period of time 
 mentioned in the said Certificate ; and that an Entry of the names of 
 the Elders of the said Presbyterian Church in these Islands in the 
 Records of that Church shall be sufficient evidence to the Receiver 
 General of the persons who are the Elders of the Presbyterian Church 
 
 in these Islands. 
 
 « 
 
 II. And be it, &c., That the payments to be made in virtue of Payment to 
 this Act shall be computed from the First Day of July in the Year teVfTm'ist 
 One Thousand, Eight Hundred and Fifty-five. J»'y' i^^s. 
 
 III. And be it enacted, &c.. That no payment shall be made meffiobe 
 under the prescriptions of this Act, unless there be a Warrant from ™»''= ^"i- 
 
 , „ ^ „ -r _ ' outGovern- 
 
 the Governor tor every such payment. or-swar- 
 
 rV. And be it, &c., that this Act shall be and continue in force Act to be in 
 for five years from the passing thereof; and further until and through- end of iseo. 
 out the Thirty-first day of December, then next ensuing, and then to 
 determine and expire. 
 
 [Continued to the end of 1864, by Act of 18S9, 'So. 16.] 
 
630 
 
 BERMUDA ACTS, 
 
 [1855. 
 
 1855. No. 7. 
 
 AN ACT in further amendment of the Act " to establish certain 
 Regulations for the performance of Quarantined^ 
 
 [30 August, 1855.] 
 
 Health Offi- 
 cer or In- 
 spector may 
 inspect Ves- 
 sels and 
 have them 
 purified. 
 
 Preamble. "WHEEEAS it is expedient to make some further amendments to 
 
 the Act passed by the Legislature in the Year of Our Lord, One 
 Thousand, Eight Ilundred and Thirty-six, intituled "An Act to es- 
 tablish certain Eegulations for the performance of Quarantine :" 
 
 I. We, therefore, &c., and be it enacted, &c.. That it shall be 
 lawful for any Health Officer of his own authority, and also for any 
 Health Officer or other person authorised so to do by any Board of 
 Health of either of the Towns of Hamilton and St. George, to enter 
 into and inspect any Ship or Yessel (other than Her Majesty's Ships 
 or Yessels of War) lying in any Port, Harbour, Creek, or Anchorage 
 of this Colony, and if necessary to direct that the same may be cleared 
 of filth : — and further, at the discretion of such Health Officer or In- 
 spector to order and direct that such Ship or Vessel, or any part 
 thereof which may appear to him to require lime washing or the use 
 of any disinfecting process, shall be effectually lime washed or disin- 
 fected : and further to direct that the necessary measures may be taken 
 to secure cleansing and ventilation therein, and to promote the health 
 of the Crew or other persons therein : and that such removal of filth, 
 limewashing, disinfecting process, or other measures shall be per- 
 formed within such'time, and in such manner, as may be by him, 
 them or any of them determined : and in the event of the directions 
 of the Health Officer, or other person authorised as aforesaid to inspect 
 such Ship or Yessel, not being complied with, within the time which 
 he or they may have specified in their directions, the necessary meas- 
 ures shall be taken by order of the Board of Health of the Town of 
 Hamilton or Saint George, nearest to which such Yessel shall belying, 
 and the expenses incurred in the execution of such directions shall be 
 recoverable by such Board of Health with Costs, from the Master, 
 Owner or Consignee of such Ship or Yessel, in like manner as Debts 
 not exceeding Three Pounds are recoverable : — and further it shaU. be 
 lawful for any Health Officer of his own authority, or for any Health 
 Officer or other person authorised so to do by any Board of Health of 
 either of the Towns of Hamilton and Saint George to cause any Ship 
 or Yessel which shall appear to him to be moored in a position dan- 
 gerous to the health of the Crew, or to the health of the Community, 
 to be moored in some other position, and the expense (if any) attend- 
 ant on such removal shall be recoverable by such Board of Health, 
 with Costs, from the Master, Owner or Consignee of such Ship or 
 Yessel in like manner as Debts not exceeding Three Pounds are re- 
 coverable. 
 
 Bach Health H- Aa^ be it, &c.. That it shall be the duty of each of the Health 
 Sake an Officcrs, withiu Thirty Days after the Thirty-first day of December in 
 annual Ee- every year to make a Report in writing to the Governor specifying 
 
 Or, when 
 moored in 
 an un- 
 healthy po- 
 sition, have 
 them re- 
 moved at 
 the expense 
 of the Mas- 
 ter, &c. 
 
1855.] BERMUDA ACTS. 631 
 
 every vessel put in Quarantine by such Healtli Officer during the year portotves- 
 terminating on such day of December ; setting forth the name and Qulfantine. 
 Master's name of such Vessel, the dates of her arrival, and being put 
 in, and released from Quarantine, the reason of her being put in Quar- 
 antine, the port from which she came, and such other particulars rela- 
 tive to the Sanitary state and condition of such Yessel and the Persons 
 on board of her, as may be material. 
 
 III. And be it, &c.. That so much of the aforesaid Act of the Repeal 
 Legislature passed in the Year One Thousand, Eight Hundred and ^^^fJl^^' 
 Thirty-six, as requires any Letters or Papers to be fumigated or dipped requiring 
 into V inegar, or enclosed in a Tin or other Case, sealed or nailed up, pVe?s to be 
 be and the same hereby is repealed : and that all Letters and Papers 4^"°'^'"^''' 
 to be sent from any Yessel under Quarantine shall be delivered by the ^^^^^ ^^ 
 Master or other Person in charge of such Yessel to the Health Officer be for- 
 visiting her, and forwarded by him to the Post Office with all conve- Heauh^ffi- 
 nient dispatch, under the Penalty of Ten Pounds in case of any Let- ^^^° ^°°' 
 ter being otherwise sent or delivered from on board of such Yessel, 
 such Penalty to be recovered with Costs from the Master or other 
 Pierson in charge of such Yessel by the Board of Health of the Town 
 of Hamilton or Saint George nearest to which such Yessel shall be 
 lying, in like manner as debts not exceeding Three Pounds are recov- 
 erable. 
 
 TV. And be it, &c., That this Act shall be and continue in force Duration, 
 until and throughout the last day of December which will be in the 
 Year of Our Lord, One Thousand, Eight Hundred and Fifty-nine. 
 
 [Continued to the end of 1869 (together with Acts of 1836, 1848, 1854 and 1S61) by 
 Act of 1868, No. 1.] 
 
 1855. No. 11. 
 
 AN 4-CT to facilitate the Partition of undvuided Real Estate. 
 
 [29 September, 1855.] 
 
 WHEREAS the methods now in use in these Islands for obtain" Preamble, 
 ing the Partition of Real Estate held in Co-parcenary, in joint-tenancy, 
 and tenancy in common, are attended with much delay and expense, 
 and thereby, besides other inconveniences, have a tendency to dis- 
 courage the cultivation of the Soil, and the necessary repairs of 
 Buildings, and it is expedient to provide greater facilities for such 
 Partitions : 
 
 I. "We, therefore, &c., and be it enacted, &c.. That in this present signiaca- 
 Act, unless it be otherwise specially provided, or there be sometliing „™j°"'™' 
 in the subject or context repugnant to such construction, the words, 
 expressions and terms hereinafter mentioned, shall be understood, 
 deemed and construed to bear the signification hereinafter expressed 
 concerning them respectively : (that is to say) the word " land " shall 
 be understood to comprehend messuages, lands, tenements and here- 
 ditaments and any undivided share thereof, and any Estate or interest 
 80 
 
632 
 
 BERMUDA ACTS, 
 
 [1855. 
 
 Court of 
 Chancery 
 may pro- 
 ceed upon 
 Petition in a 
 summary 
 manner, 
 for the Par- 
 tition of 
 Land. 
 
 Proviso. 
 If Summary 
 proceeding 
 be objec- 
 tionable, 
 Court may 
 dismi^B the 
 Petition. 
 
 Mode of pro- 
 ceeding 
 upon the 
 Petition. 
 
 therein ; the word " Co-tenancy " to mean an Estate in knd held in 
 Co-parcenary, in joint tenancy or in tenancy in common, either in fee 
 simple or for any less Estate : the word " infant " to mean any person 
 under the age of twenty-one years ; and that words importing trie sin- 
 gular number or the Masculine gender only, shall be understood to in- 
 clude several matters as well as one matter, and several persons as well 
 as one person, and Females as well as Males, and Bodies Corporate as 
 well as individuals. 
 
 II. And be it, &c.. That whenever any Co-tenant shall prefer a 
 Petition to the Court of Chancery in these Islands verified upon the 
 Oath or affirmation of the Petitioner, praying for the Partition of any 
 land in these Islands held by him in Co-tenancy, specifying in such 
 Petition the particular land sought to be divided, and the share claimed 
 by the Petitioner, and also setting forth in such Petition to the best of 
 the knowledge, information, and belief of the Petitioner, the names 
 and places of residence of the other Co-tenants, and whether any and 
 which of them are under the age of twenty-one years — it shall be 
 lawful for the said Court, if it shall see fit so to do, to proceed upon 
 the said Petition in a summary manner under this Act for the parti- 
 tion of the said land. Provided always, that if from any circum- 
 stance whatever at any time in the course of the proceedings it shall 
 appear to the said Court that the ends of Justice are not likely to be 
 so fully attained by a summary proceeding under this Act as they 
 might be under some other mode of proceeding, or that there is any 
 serious and well grounded reason against proceeding in a summary- 
 way under this Act, it shall be competent to the said Court, if it shall 
 so think fit, to dismiss the said Petition and all further proceedings^ 
 thereon. 
 
 m. And be it, &c., That upon any such Petition being presented 
 to the said Court it shall be lawful for the said Court, if it shall so 
 think fit, to make an order appointing a day or time for all the Co- 
 tenants named in the said Petition to shew cause, if any they have, 
 why Partition should not be made as prayed by the said Petition : and 
 at the time so appointed, or at any subsequent time to which the said 
 Court may postpone the consideration thereof, if it shall be made to 
 appear to the satisfaction of the said Court, that a copy of such Peti- 
 tion and order has been served upon each of the Co-tenants named in 
 the said Petition (except the Petitioner) either personally, or by leav- 
 ing the same at his usual place of abode, whether in Bermuda or else- 
 where, — and in case of an infant Co-tenant, in addition to such service 
 as aforesaid, by serving a copy of such Petition and order in like 
 manner, upon the father or mother, guardian or other next friend of 
 such infant with whom such infant shall be residing : — it shall be law- 
 ful for the said Court, upon motion, if it shall so think fit, to make an 
 order referring the said Petition to one or more of the Masters of the 
 said Court to inquire and report to the said Court the names and 
 places of residence of all the Co-tenants interested in such land, and 
 their respective proportions. Estates, and interests therein, and upon 
 such Eeport being confirmed by the said Court, either wholly or in 
 part, either on the first reference, or on any subsequent reference to 
 any Master or Masters of the said Court, it shall be lawful for the said 
 Court, if it shall so think fit, to issue a Commission to any three per- 
 
1865.] BERMUDA ACTS. 633 
 
 sons to be appointed by the said Court to inspect tlie said land, and to 
 inquire and report to the said Court how and in what manner the 
 same may be divided among the several Co-tenants thereof in the most 
 equitable and advantageous manner — and upon such last mentioned 
 Report being made to and considered by the said Court, it shall be 
 lawful for the said Court, if it shall so think fit, to confirm the same 
 either wholly or in part; and to order Partition of the said land 
 to be made accordingly. 
 
 IV. And be it, &c.. That it shall be lawful for the said Court to ^.^Ss 
 order all necessary parties to execute any Deeds which may be requi- ^^t'^'^^'i^g 
 site and proper for perfecting such Partition, and in case any such p^'Jj^'^l.j »°d 
 person to whom any such Deed shall be tendered for execution, shall default by 
 refuse or neglect to execute the same, within a reasonable time after Jrar^s^heir 
 the same being so tendered, it shall be lawful for the said Court to attorney. 
 order such Deed to be executed by the Registrar of the said Court as 
 
 the Attorney for such party appointed for that purpose by the Court : 
 and such Deed so executed shall be as effectual to all intents and 
 purposes as if the same had been executed personally by the party so J^^"™"^^. 
 refusing or neglecting to execute the same. Provided always^ that cuted by 
 every such Deed executed by the Registrar shall be recorded in the be?^co?ded 
 Secretary's Office within twelve months after his execution thereof. |^4''^,g*of. 
 Provided also, that any Deed so executed by the Registrar as the At- floe. 
 torney of any married woman, shall be of the same validity and effect Pro-nso, and 
 as if the voluntary execution of the same had been acknowledged by as if acn- 
 her before any Commissioner appointed in the usual manner to take byl' ^fr* 
 such acknowledgment. "*=* woman. 
 
 V. Provided always, and be it, &c.. That whenever it shall appear intereBts of 
 to the Court that the interests of any infant would be affected by any "pTrted" *° 
 Partition under this Act, the said Court shall direct one or more of the "p°°- 
 Masters of the Court to inquire and report thereupon : and if it shall 
 
 be satisfactorily made to appear to the Court that the interests of such 
 infant will not be unjustly or injuriously affected by the proposed court may 
 Partition, then it shall be lawful for the said Court, if it shall so think Z^l^exe- 
 fit, to order such Master to execute any Deed for perfecting such Par- f"rin"an* 
 tition as Attorney for the said infant for that purpose appointed by 
 the Court. Provided always, that in every such case it shall be com- proviso, 
 patent to such infant at any time within twelve Calendar Months after ^owea^'; , 
 attaining his full age and not afterwards, or in the event of the death infants and 
 
 ff 1 • p T n ^ .. 1 piTT«-n AT their Heirs, 
 
 01 sucn iniant beiore attammg such age, tor the Heirs, Ji,xecutors, Ad- &c.,toBet 
 ministrators or Assigns of such infant at any time within twelve Deed.^""'' 
 Calendar Months after the death of such infant and not afterwai'ds, to 
 apply to the said Court in a summary way to set aside the said Deed 
 so far as relates to such infant, his Heirs, Executors, Administrators 
 and Assigns for any legal or equitable cause whatever, and it shall be 
 competent to the said Court to set the same aside, if it be made to ap- 
 pear to the said Court that there is any legal or equitable cause what- 
 ever for setting the same aside ; but unless and until the said Deed be 
 set aside as aforesaid — the same shall be as effectual to all intents and 
 purposes whatever as if the said infant had executed the same person- 
 ally, and at the time of the execution thereof had been of full age. 
 
634 
 
 BERMUDA ACTS. 
 
 [1855. 
 
 YI. And be it, &C.5 That whenever any Partition shall be made 
 and completed under the provisions of this Act, any inchoate right of 
 Dower of the wife of any Co-tenant to whom any portion of the land 
 shall be allotted in severalty, by such Partition, shall attach upon such 
 portion instead of and as equivalent for any inchoate right of Dower 
 to which she might have been entitled at the time of such Partition in 
 her husband's undivided share of the Land, 
 
 YII. And be it, &c.. That when any Partition shall be made and 
 completed under the provisions of this Act, the same shall be binding 
 and conclusive upon the Co-tenants parties thereto, and their respective 
 Heirs, Executors, Administrators and Assigns. 
 
 Vin. And be it, &c., That it shall be lawful for the said Court, if 
 it shall so think fit, to order any sum of money to be paid for equality 
 of Partition by any Co-tenant not being an infant, to any other Co- 
 tenant, not being an infant. 
 
 IX. And be it, &c.. That the costs and expenses of any Partition 
 made under this Act, and of the proceedings for obtaining the same, 
 and Deeds for perfecting the same, may be apportioned by the Court 
 rateably among the several Co-tenants according to their respective 
 interests in the land ; and ordered by the Court to be paid according- 
 ly : and that the payment of all monies ordered by the Court to be 
 paid under this Act, may be enforced, and such monies levied in like 
 manner and by the like process as may be done in any other case. — 
 Provided always^ that no process shall issue for enforcing payment 
 of any money ordered to be paid by an infant until the expiration 
 of twelve Calendar Months after such infant shall have attained his 
 full age. 
 
 X. Provided always, and be it, &c., That nothing herein contained 
 sliS^'at^Law shall prevcut any person from prosecuting any Action at Law or Suit 
 or in Equity, in Equity for Partition in like manner as if this present Act had not 
 
 been passed. 
 
 Dower to 
 attach upon 
 the land 
 allotted in 
 
 severalty, 
 instead of 
 the undi- 
 vided 
 Share. 
 
 Partition 
 completed 
 under this 
 Act, to be 
 conclusive. 
 
 Court may 
 order 
 
 money to be 
 paid for 
 equality of 
 partition, ex- 
 cept by and 
 to infants. 
 
 Costs how 
 appor- 
 tioned, paid 
 and recov- 
 ered. 
 
 Proviso. 
 No process 
 therefor 
 against In- 
 fants. 
 
 This Act not 
 
 for Parti- 
 tion. 
 
 1855. No. 12. 
 
 AN ACT to provide a Look-up on Somerset Island for the temporary 
 conjmement of persons charged with offences. 
 
 [10 October, 1855.] 
 
 Preamble, 
 
 "WHEREAS a Petition has been presented to the Legislature from 
 the Magistrates and many other inhabitants of Sandy's Parish, setting 
 forth the inconvenience experienced there from the want of a suitable 
 place for the temporary confinement and safe custody of persons 
 charged with ofi"ences, by reason of the distance from the nearest Gaol 
 and the difficulty and expense of removing such persons to Gaol and 
 back again during preliminary investigations before the Magistrates 
 — and praying for a remedy ; and a Joint Committee of the Council 
 
1855.] BERMUDA ACTS. 635 
 
 and Assembly liave reported tliat a suitable plot of ground for erect- 
 ing a building for the purpose contemplated by the Petitioners can 
 be purchased for the sum of Ten Pounds, and that it is estimated that 
 such a Building might be erected at a cost not exceeding Sixty-five 
 Pounds : 
 
 I. "We, therefore, &c., and be it enacted, &c.. That if Joseph upon the 
 Henry Harvey or any other person being the Proprietor of the trian- Sri'de-""^ 
 gular plot of ground situate on Somerset Island in Sandy's Parish ofLalfdf"' 
 aforesaid, now in the occupation of the said Joseph Henry Harvey, ^^^S?''; 
 
 11 ■ t* 1 .11/1 • \i iirtii 1 1 title thereto, 
 
 and herematter described : (that is to say) bounded boutherly by and execu- 
 lands occupied by the widow and children of Thomas Forster Bur- 'mcate ac- 
 rows, deceased, and there measuring eighty-eight feet or thereabouts : fn°g°JJJ|''r^(:. 
 Easterly by lands occupied by Benjamin Hinson Gilbert, Esquire, ^f^l^J/l^ 
 (formerly called Jauncey's land), and there measuring sixty feet or same to ie 
 thereabouts — and Northerly and Westerly by the main High Koad J'hfcfown 
 leading from Mangrove Bay towards Sandy's Parish Church, and p°„'s*gof™" 
 there measuring one hundred and eighteen feet or thereabouts : shall this Act. 
 within Six Calendar months after the passing of this Act make out a 
 satisfactory title in fee simple to the said plot of land : and shall exe- 
 cute a certificate under his hand and Seal setting forth his willingness 
 to sell the same for the purposes of this Act for the Sum of Ten 
 Pounds : and that the said sum of Ten Pounds had been paid to him 
 out of the Public Treasury of these Islands : the said Plot of land 
 with the appurtenances shall immediately be and become vested in 
 Her Majesty, her Heirs and Successors forever, to and for the uses 
 and purposes contemplated by this Act, and to and for no other use 
 intent or purpose whatsoever, and thenceforth shall be and remain 
 free and clear of and from all Estate or Interest therein of the said 
 Joseph Henry Harvey or of any other such proprietor as aforesaid, 
 or of any other person claiming by, from, or under him : and such 
 Certificate shall be recorded in the Secretary's Ofiice and a copy of 
 the Record of such Certificate shall be _prima facie evidence thereof : 
 and the wife of the said Joseph Henry Harvey or of any other such 
 Proprietor as aforesaid, shall not afterwards be entitled to claim any 
 Dower in the said land ; and if any such Proprietor shall happen to 
 be a married woman, immediately upon the execution of such Certifi- 
 cate by her and her husband, the said land shall (so far as relates to 
 such married woman and her husband, her Heirs and Assigns) be 
 vested in Her Majesty as aforesaid, without any further acknowledg- 
 ment of such Certificate by such married woman : and upon the exe- 
 cution of such Certificate the Peceiver General is hereby authorised 
 and required to pay to such proprietor as aforesaid, under a warrant 
 from the Governor, the said Sum of TeUj Pounds, out of any monies 
 in the Public Treasury. 
 
 II. And be it, &c.. That after the execution of such Certificate £foouto, 
 the Eeceiver General shall be, and he hereby is authorised and re- ^"j^ Jfj^aa- 
 quired to pay, under the Governor's warrant, out of any unappropri- applied la 
 ated monies in the Public Treasury, to the order of the Honorable SdiS|of 
 "William Bascome Smith, Thomas John Gilbert and John Alexander ^engjon^" 
 Moore Gilbert, or any two of them, any Sum or Sums of money not forthetem- 
 exceeding in the whole the Sum of Seventy Pounds, to be applied by Son and 
 
636 
 
 BERMUDA ACTS. 
 
 [1855. 
 
 safe custody 
 of persons 
 charged 
 with offen- 
 ces. 
 
 And when 
 finished to 
 be under 
 the charge 
 of the par- 
 ish Con- 
 stables sub- 
 ject to the 
 orders of 
 the Magis- 
 trates and 
 kept in re- 
 pair at the 
 parish ex- 
 pense. 
 
 them in the erecting and completing a Building containing two room% 
 each not exceeding twelve feet square, of suitable height and thick- 
 ness of wall, with proper doors, windows, fastenings and other fixtures 
 adapted for the temporary detention and safe custody of Persons 
 charged with offences until they are discharged or can conveniently 
 be conveyed to Gaol — such work to be executed by Contract upon 
 public advertisement and tender. 
 
 III. And be it, &c., That the said Building after the same shall 
 be erected and finished shall be and remain under the charge of one 
 or more of the Constables of Sandy's Parish acting therein subject to 
 the lawful orders of the Magistrates residing in that Parish, and that 
 the same shall be kept in repair at the expense of the said Parish — 
 such repairs to be assessed and taxed for in like manner with other 
 Parochial Charges. 
 
 1855. No. 13. 
 
 AN ACT to enlarge t/ie jurisdiction of the Court of Chancery of these 
 Islands to a certain extent. 
 
 [22 October," 1858.] 
 
 The Court 
 of Chancery 
 shall have 
 the like 
 power to 
 decree Ali- 
 mony, as 
 the Spiritual 
 Courts in 
 England, 
 and may 
 enforce pay- 
 ment 
 thereof. 
 Proviso. 
 The Court 
 not to de- 
 cree separa- 
 tion of Hus- 
 band and 
 Wife, 
 
 by Divorce 
 or other- 
 wise. 
 
 "WHEKEAS in and by a certain Act commonly called the Gen- 
 eral Court Act, passed the twenty-second day of December in the 
 Tear of Our Lord, One Thousand, Eight Hundred and Fourteen, 
 Section Twenty-nine, it is enacted " That the Governor or Commander- 
 in-Chief of these Islands and His Majesty's Council for the time being 
 (or any Five of them of whom such Governor or Commander-in-Chief 
 shall always be one) shall constitute the Court of Chancery for these 
 Islands, and have power and authority to examine, hear, judge, de- 
 termine and decree all matters, causes and things whatsoever, as the 
 High Court of Chancery may or can do." And whereas it is deemed 
 expedient to extend the Jurisdiction of the said Court, so far as to 
 enable it to entertain and adjudicate upon applications for Alimony 
 in the like manner as such power is enjoyed by the Spiritual or Eccle- 
 siastical Courts in England : 
 
 I. We, therefore, &c., and be it enacted, &c., That the said Court 
 of Chancery shall have, and hereby is invested with, the like power 
 to grant or decree Alimony as is exercised by the Spiritual Courts in 
 England, and for this purpose to proceed on Petition or Bills filed as 
 may in any particular instance seem to the Court the most beneficial 
 to the parties concerned, and to depart from the former mode in any 
 stage of the proceedings if the interest of any party shall appear to 
 recommend or require it : and also to enforce the payment of any 
 decree for Alimony or costs by the ordinary or other legal process 
 of the Court. Always provided that nothing herein contained be con- 
 strued to extend to the giving the said Court any power to decree 
 the separation of Husband and Wife, in any case by Divorce or 
 otherwise. 
 
1855.] BEEMUDA ACTS. 637 
 
 1855. No. 14. 
 
 AN ACT to provide for a limited period, Salaries for the Officers of 
 
 the Pubhc Eevenue. 
 
 [27 October, 1855.] 
 
 "WHEREAS it is expedient to provide for a limited period of Years, Pieambie. 
 Salaries for the remuneration of such Officers as shall be employed in 
 the Collection, Safe-keeping and Disbursement of the Public Eevenue 
 of these Islands : 
 
 I. "We, therefore, &c., and be it enacted, &c., that from and after salaries to 
 the commencement, and durine the continuance of this present Act, *« p/'f *" 
 
 -11 11111^.1 /» -1 *"^ foUow- 
 
 tnere be granted, allowed and paid out ot any unappropriated mon- ing officers, 
 ies in the Public Treasury, unto the respective persons who shall ™" 
 hold the several Offices hereinafter mentioned, and execute the duties 
 thereof, by four quarterly payments in every year, up to the last days 
 of March, June, September, and December in every year during the 
 continuance of this Act, upon a warrant from the Governor for every 
 such payment, the following Salaries (that is to say) : — 
 
 Unto the Receiver General of these Islands the Sum of Four Hund- Receiver 
 red and Fifty Pounds a year, in full for his Salary. — Provided always, £JS)Tyear. 
 that if the present Receiver General should cease to hold the office Pro-nso : to 
 during the continuance of this Act, the Salary of any Successor in the ors only 
 office shall be Three Hundred Pounds a year. ^o" ^ ^'"■ 
 
 Unto the Assistant Receiver General at the Port of Saint George Assistant 
 in these Islands, the Sum of One Hundred and Seventy Pounds a ienS' 
 Tear, in full for his Salary. *""• 
 
 Unto the Revenue Officer of the Port of Hamilton in these Islands, Revenue 
 the Sum of One Hundred and Twenty Pounds a year, in full for his nSton 
 Salary ; and the further Sum of Twenty Pounds a year, to enable him f^j^^^ 
 to provide a Boat and Crew for the performance of his duty during Boat. 
 the year. 
 
 Unto the Revenue Officer of the Port of Saint George in these Si^^^^.g. 
 Islands, the Sum of One Hundred Pounds a year, in full for his Sal- Geo°rgrt 
 ary ; and the further Sum of Twenty Pounds a year, to enable him to slftl?'^ 
 provide a Boat and Crew for the performance of his duty during the ''°*'- 
 year. 
 
 Unto the Revenue Officer at Ireland Island in these Islands, the Revenue 
 Sum of One Hundred Pounds a year, in full for his Salary ; and the J'®,"^"'^*' 
 further Sum of Thirty Pounds a year to enable him to provide a Boat island £ioo 
 and Crew for the performance of his duty during the year. loatf^" '"" 
 
 Unto the Treasury Clerk, the Sum of One Hundred Pounds a year. Treasury 
 in full for his Salary. ' cier^xm 
 
 Provided aVuowys, that the above mentioned allowances for Boatage Proviso as 
 shall only be paid upon satisfactory proof being made to the Receiver LuwaicM. 
 General, by the Declaration in writing of the Officer claiming any 
 such allowance, describing the particular Boat for which the same is 
 
638 BERMUDA ACTS. [1855. 
 
 claimed, and that such Boat had been kept in readiness for such serv- 
 ice during the period of time for which the allowance is to be paid. 
 foXS* *' Pfovided also, that in case of the duty being performed by any such 
 for part of Officer only for part of a Quarter, a proportional part of the Salary, or 
 a quarter, gai^ry and Boatags allowance (as the case may be) allowed to such 
 officCTsnot C)fficer shall be paid for such portion of a Quarter. Provided also, 
 to be en- that it shall not be lawful for any of the said Officers during the time 
 tefde. " of his holding such office as aforesaid, to be engaged in Trade in these 
 Proviso. Islands, either directly or indirectly. Provided also, that the Salary 
 theTreaauiy hereby allowed to the Treasury Clerk shall be instead of, and not in 
 ^tle^iot S'ddition to, the Salary allowed to him by the Act intituled " An Act 
 former Sal- to providc for the appointment of a Treasury Clerk, and for other pur- 
 ^'^' poses," passed in the year One Thousand, Eight Hundred and Forty- 
 
 jSTine, and the Act to continue and amend the same, passed in the year 
 One Thousand, Eight Hundred and Fifty-Two. 
 
 4eKf"the II- -^■■kI ^6 it, &c., That in future whenever any vacancy shall 
 cilS"t7be O'^cur in the Office of Treasury Clerk, instead of the appointment being 
 made here- made to that Office by the Receiver General as heretofore practised, 
 Governor " it shall be lawful for the Governor, from time to time to appoint by 
 to?Eeoe°ver Commissiou uuder his Hand and the Great Seal of these Islands, some 
 General, and fit persou to bc Treasurv Clerk : and every such future Treasury Clerk 
 Treasury bcfore entering upon the execution of his Office shall take an Oath 
 tak*oath before the Governor truly and faithfully to discharge the trust reposed 
 rarity.^" '"' ^^ •'^i™ **' *^^ I*^^* ^^ ^^^ knowledge, power and ability ; and also be- 
 ^eei86o fore entering upon the execution of his Office shall give a joint and 
 10°) ' ' several Bond with two good and sufficient Sureties to Her Majesty, 
 Her Heirs and Successors, in the Sum of Four Hundred Pounds of 
 lawful money of these Islands, with condition as follows, vizt : — 
 
 " The condition of the above obligation is such that if the above 
 named shall 
 
 truly and faithfully to the best of his knowledge, power and 
 ability, execute the office of Treasury Clerk, and in all 
 respects shall conduct himself in such office in a diligent, 
 honest and faithful manner, then this obligation to be void, 
 but otherwise to remain in full force and virtue :" — 
 
 Which Bond shall be taken by the Secretary of these Islands and re- 
 gistered in his office and kept in his Custody, and the Sureties in such 
 Bond shall give proof of their sufficiency in like manner as is provided 
 by Law with respect to the Sureties in Bonds to be given by the Ee- 
 venue Officers — and in case of any breach of the condition of any such 
 Bond, it may be sued upon and enforced in like manner as may be 
 done with respect to Bonds given by the Revenue Officers — and the 
 Secretary shall be entitled to the same fees upon every such Bond as 
 upon Bonds given by Revenue Officers — and the Governor shall have 
 the like authority, whenever he shall see fit so to do, to require any 
 such future Treasury Clerk to give a fresh Bond and Security as he has 
 with respect to Bonds and Securities given by Revenue Officers, and 
 any such future Treasury Clerk may be allowed temporary leave of 
 absence in like manner as Revenue Officers may be allowed the same, 
 and upon similar terms and aonAitiom.— Provided always, that the 
 
1856.] BERMUDA ACTS. 639 
 
 Eeceiver General and his Sureties shall remain liable for all monies ProviBo as 
 received tato the Public Treasury of these Islands after the appointment of R^ei^er 
 of any such Treasury Clerk by the Governor in like manner as if this SrsuKto? 
 present Act had not been passed. 
 
 ni. Provided always and be it enacted, That the person at pre- The present 
 sent holding the office of Treasury Clerk, shall, in consideration of his cier™on- 
 already having discharged the duties of thatt)ffice with satisfaction to ^™**^°.°'" 
 the Public, be deemed and taken to be the Treasury Clerk of these appointed 
 Islands during Her Majesty's pleasure, in like manner as if he had p"Sing 
 been appointed in virtue of the prescriptions of the second section of section. 
 this Act ; and immediately after the passing of this Act the present 
 Treasury Clerk shall give the like Bond and Securities for the proper 
 and faithful performance of his duty as is required by the said second 
 section of this Act to be given by every future Treasury Clerk ; and in 
 case of any breach of the condition of such Bond it may be sued upon 
 and enforced in like manner as may be done with respect to Bonds 
 given by the Eevenue Officers ; and the Secretary shall be entitled to 
 the same fees upon such Bond as upon Bonds given by Revenue Offi- 
 cers ; and the Governor shall have like authority, whenever he shall 
 see fit so to do, to require the present Treasury Clerk to give a Bond 
 and Securities as he has with respect to Bonds and Securities given by 
 Revenue Officers : and the present Treasury Clerk may be allowed 
 temporary leave of absence in like manner as Revenue Officers may be 
 allowed the same, and upon similar terms and conditions ; and the pre- 
 sent Treasury Clerk shall also be considered as having the same senior- 
 ity in office as he would have had if he had been appointed to be Trea- 
 sury Clerk by the Governor at the time when he was appointed to that 
 office by the Receiver General, and the Governor had then had author- 
 ity to make such appointment. 
 
 IV. And be it enacted. That this present Act shall commence in Duration, 
 operation on the first day of July, in the year One Thousand Eight 
 Hundred and Fifty-six, and shall continue and be in force until and 
 throughout the last day of December in the year of Our Lord One 
 Thousand Eight Hundred and Sixty, and then to determine and 
 expire. 
 
 [Continued to the end of 1866. And Salaries increased by Act of 1860, No, 9. See 
 also 1860, No. 11.] 
 
 1856. No. 2. 
 
 AN ACT for enabling persons indicted of Felony to make their 
 Defence hy Counsel or Attorney. 
 
 [30 July, 1856.] 
 
 I 
 
 WHEREAS it is just and reasonable that persons accused of pieambie. 
 Ofi'ences against the Law should be enabled to make their full answer 
 and defence to all that is alleged against them, and although accord- 
 ing to the usage and practice of the Courts of Record in these Islands, 
 81 
 
640 
 
 BERMUDA ACTS, 
 
 [1856. 
 
 All persona 
 tried for 
 Felony may 
 make full 
 defence by 
 Counsel or 
 Attorney. 
 
 Copies of 
 Depositions, 
 i&c, to be 
 allowed to 
 Prisoners, 
 
 persons indicted of Felony or otherwise, have been allowed to make 
 full defence by Counsel or Attorney, yet it is expedient that the Law 
 in this respect should be clearly expressed and declared : 
 
 I. We, therefore, &c., and be it enacted, &c.. That from and after 
 the passing of this Act, all persons tried for Felony shall be admitted 
 after the close of the case for the Prosecution, to make full answer 
 and defence thereto by« Counsel learned in the Law, or by Attorney 
 in Courts where Attornies practice as Counsel. 
 
 Also, in case II. And bc it declared and euacted, That in all cases of Summary 
 con?Sn?' Conviction, persons accused shall be admitted to make their full an- 
 swer and defence, and to have all Witnesses examined and cross- 
 examined by Counsel or Attorney. 
 
 III. And be it, &c.. That all persons, who, after the passing of 
 this Act, shall be held to Bail or committed to Prison for any oflfence 
 against the Law, shall be entitled to require and have on demand 
 (from the person who shall have the lawful custody thereof, and who 
 is hereby required to deliver the same) copies of the Examinations of 
 the Witnesses respectively upon whose Depositions they have been so 
 held to Bail or committed to Prison, and also of any Statement or 
 Confession made by the accused party before any Magistrate and by 
 him taken down in writing and returned with the Examinations of 
 the Witnesses, on payment of the sum of Five Shillings of lawful 
 money of these Islands. Provided, that if such demand shall not be 
 made before the day appointed for the commencement of the Assize 
 or Sessions at which the Trial of the person in whose behalf such de- 
 mand shall be made is to take place, such Person shall not be entitled 
 to have any copy of such Examination of Witnesses or Statement of 
 the accused party as aforesaid unless the Judge or other Person to 
 preside at such Trial shall be of opinion that such copy may be made 
 and delivered without delay or inconvenience to such Trial, but it 
 shall nevertheless be competent for such Judge or other Person so to 
 preside at such Trial, if he shall think fit, to postpone such Trial on 
 account of such copy of the Examination of Witnesses not having 
 been previously had by the party charged. Provided also, that per- 
 sons held to Bail or committed for Trial after the commencement of 
 the Assizes shall be entitled before their Trial, if the same be de- 
 manded before the day when the Trial is to take place to require and 
 have copies of such Examinations of Witnesses and Statement as 
 aforesaid, on payment for the same at the rate aforesaid. — And in 
 order to prevent unnecessary delay in furnishing such copies as afore- 
 said, Be it enacted, Tliat any justice of the Peace who shall take 
 the Examination of any Person who shall be committed to Prison or 
 held to Bail for his appearance and Trial at any Court of General 
 Assize, of Ojer and Terminer, of Admiralty Sessions or of Sessions 
 of the Peace, upon any charge of Felony or Misdemeanoui-, or who 
 shall take the information upon Oath of any person who shall know 
 any of the facts and circumstances of the case and put the same in ■ 
 writing, shall cause to be delivered to the })roper Officer of the Court 
 in which the trial is to be, such Examinations and Informations to- 
 gether witli a duplicate copy thereof (including any Statement or 
 admission made by the accused party and taken down in writing as 
 
 Proviso. 
 
 Duplicate 
 copy of 
 Depositions, 
 &c,, to be 
 furnished by 
 Magistrates. 
 
1857.] BERMUDA ACTS. 641 
 
 aforesaid) in order that one of such duplicates may be delivered to the 
 accused party, if the same shall be demanded under tins Act : and ^^^^^H^^'*'^^ 
 every Justice of the Peace who shall cause such Examinations and aame. 
 Informations to be delivered in duplicate as aforesaid, shall be enti- 
 tled to receive out of the Public Treasury the sum of Five Shillings 
 in each case, upon production to the Receiver General of a certiheate 
 from the presiding Judge of the Court in which such trial is intended 
 to be had, of the same having been so delivered. 
 
 IV. And be it, &c.. That Persons under Trial shall be entitled Prisoners 
 at the time of their Trial to inspect, without fee or reward, all Depo- fnspect ° 
 sitions (or copies thereof) which have been taken against them, and ^^.^afMai. 
 returned into the Court before which such Trial shall be had, and also 
 any Statement of the accused party (or the copy thereof ) returned 
 with such Depositions (or copies thereof) as aforesaid. 
 
 Y. And be it, &c., That this Act shall be and continue in force Duration of 
 for Four Years from the passing thereof, and further until and through- 
 out the last day of December, which will be in the year of Our Lord, 
 One Thousand, Eight Hundred and Sixty. ^ 
 
 [Continued indefinitely by Act of 1859, Ko. 1.] 
 
 1857. No. 1. 
 
 AN ACT to mnend the Practice and mode of Pleading and Pro- 
 cedure in the Court of General Assize. 
 
 [25 March, 185Y,] 
 
 WHEREAS the Practice and mode of Pleading and Procedure Preamble. 
 in Suits in the Court of General Assize, not being Criminal Prosecu- 
 tions, may be rendered more simple : procedure"* 
 
 hereinafter 
 
 I. We, therefore, &e., and be it enacted, &c., That from and after ^ beTi^'*' 
 the commencement of this Act the Practice and mode of Pleading and }?J^'j „'° ""^ 
 Procedure hereinafter expressed shall be allowed in all Suits in the General 
 said Court, other than Criminal prosecutions. ariraite" 
 
 other than 
 
 II. And be it, &c.. That it shall not be necessary to state any ""™°''- 
 Yenue in the body of any Declaration, or in any subsequent pleading, saVto state 
 but the name of these Islands shall be stated in the Margin of the boayVf°any 
 Declaration ; and shall be taken to be the Yenue for all the facts pleading, 
 stated in the body of such Declaration, or in any subsequent pleading : 
 
 — Provided, that in cases where local description is, or hereafter shall Proviso. 
 be required, such local description shall be given in the body of the 
 Declaration, or subsequent pleading. 
 
 III. And be it, &c.. That all statements which need not be ^^^^^^^^^^^^ 
 proved, such as the statement of time, quantity, qiiality, and value, which need 
 where these are immaterial: — the statement of losing or finding, and p°ov''edtobe 
 bailment, in Actions for Goods or their value ; the statement of acts ""'"ed- 
 of trespass having been committed with force and arms, and against 
 
642 
 
 BERMUDA ACTS, 
 
 [1857. 
 
 Pleading 
 not to be 
 held insuffi- 
 cient for 
 omission of 
 words " as 
 appears 
 by the Rec- 
 ord," or in- 
 sertion of 
 words 
 
 "against the 
 form of the 
 Act" in- 
 stead, &c. 
 
 Demurrer 
 for insufia- 
 cient ground 
 of Action or 
 Defence. 
 
 No plead- 
 ing to be 
 held insuffi- 
 cient for de- 
 fect hereto- 
 fore only to 
 be objected 
 to by spe- 
 cial Demur- 
 rer, 
 
 Form of De- 
 murrer. 
 
 And of Join- 
 der in De- 
 mxurer. 
 
 Pleading so 
 framed as to 
 prejudice 
 the fair trial 
 of action 
 maybe 
 struck out 
 or amended. 
 
 Party plead- 
 ing in an- 
 swer to any 
 pleading in 
 which a 
 Document 
 is referred 
 
 the Peace of Our Lady the Queen ; the statement of promises which 
 need not be proved, as promises in indebitatus Counts, and mutual 
 promises to perform agreements, and all statements of a like kind shall 
 be omitted. — And no Declaration or subsequent pleading shall be held 
 insufficient for the omission of the words " as appears by the Kecord," 
 nor for the insertion of the words " against the form of the Statute," 
 or of the words " against the form of the Act of the Governor, Council . 
 and Assembly," instead of the words " against the form of the Stat- 
 utes," or the words " against the form of the Acts of the Governor, 
 Council and Assembly ;" or vice versa ; or the insertion of the words 
 " against the form of the Statute," or of the words " against the form 
 of the Statutes " instead of the words " against the form of the Act of 
 the Governor, Council and Assembly," or of the words " against the 
 form of the Acts of the Governor, Council and Assembly," or viee 
 versa / nor for that any person mentioned in the Declaration or sub- 
 sequent pleading is designated by a name of office, or other descriptive 
 appellation, instead of his proper name. 
 
 IV. And be it, &c.. That either party may object by Demurrer 
 to the pleading of the opposite party on the ground that such pleading 
 does not set forth sufficient ground of Action, Defence or Reply, as the 
 case may be, and where issue is joined on such Demurrer the Court 
 shall proceed and give judgment according as the very right of the 
 cause and matter in Law shall appear unto them, without regarding 
 any imperfection, omission, defect in, or lack of form ; and no judg- 
 ment shall be arrested, stayed, or reversed for any such imperfection, 
 omission, defect in or lack of form. And no pleading shall be deemed 
 insufficient for any defect which could heretofore only be objected to 
 by special Demurrer. And the form of a Demurrer shall be as fol- 
 lows, or to the like eflPect : 
 
 " The Defendant by his Attorney (or in person, &c., or Plain- 
 tiff) says, that the Declaration (or plea, &c.,) is bad in 
 substance," 
 
 And in the margin thereof some substantial matter of law intended to 
 be argued shall be stated : and if any Demurrer shall be delivered 
 without such statement, or with a frivolous statement, it may be set 
 aside by the Court or a Judge, and leave may be given to sign Judg- 
 ment as for want of a plea : — and the form of a Joinder in Demurrer 
 shall be as follows, or to the like effect : 
 
 " Jhe Plaintiff (or Defendant) says that the Declaration (or 
 plea, &c.,) is good in substance." 
 
 V. And be it, &c.. That if any pleading shall be so framed as to 
 prejudice, embarrass, or delay the fair trial of the action, the opposite 
 party may apply to the Court or a Judge to strike out or amend such 
 pleading : and the Court or any Judge shall make such order respect- 
 ing the same, and also respecting the Costs of the application, as such 
 Court or Judge shall see fit. 
 
 VI. And be it, &c.. That a party pleading in answer to any plead- 
 ing in which any document is mentioned or referred to, shall be at 
 liberty to set out the whole or such part thereof as may be material. 
 
1857.] BERMUDA ACTS. 643 
 
 and the matter so set out shall be deemed and taken to be part of the ou't^^f °*' 
 pleading in which it is set out. whole or the 
 
 ■*■ o material 
 
 part thereof. 
 
 YII. And be it, &c., That it shall be lawful for the Plaintiff or piaintiffor 
 Defendant in any action to aver performance of conditions precedent miy°aTC°' 
 generally, and the opposite party shall not deny such averment gene- form^noe"f 
 rally, but shall specify in his pleading the condition or conditions pre- conditions 
 cedent the performance of which he intends to contest. oppotfte"' 
 
 party to 
 
 VIII. And be it, &c., That in actions of Libel and Slander the p^erfom"""" 
 Plaintiff shall be at liberty to aver that the words or matter com- *°<=''- 
 plained of, were used in a defamatory sense, •specifying such defama- Form of 
 tory sense, without any prefatory averment to show how such words fof^blfo? 
 or matter were used in that sense, and such averment shall be put in sunder. 
 issue by the denial of the alleged libel or slander : and where the words 
 
 or matter set forth, with or without the alleged meaning, show a Cause 
 of Action, the Declaration shall be sufficient. 
 
 IX. And be it, &c., That express colour shall no longer be neces- Express 
 sary in any pleading. And that special traverses shall not be neces- gp^'J^ufa- 
 sary in any pleading. And that in any plea or subsequent pleading, yerses aboi- 
 it shall not be necessary to use any allegation of Actionem non, or "^ * ' 
 actionem ulterius non ; or to the like effect, or any prayer of Judg- ^°e™emen't' 
 ment, nor shall it be necessary in any Keplication, or subsequent ^"^^PJ'^y^^. 
 pleading, to iise any allegation of precludi no>i, or to the like effect, or^unneces- 
 any prayer of Judgment, '^'^' 
 
 X. And whereas certain causes of action may be considered to ^°^^l^^^^,_ 
 partake of the character both of breaches of Contract, and of Wrongs, stance, to 
 and doubts may arise as to the form of pleas in such actions, and it is abie'for''™" 
 expedient to preclude such doubts : Be it enacted, that any plea which nSftion 
 shall be good in substance, shall not be objectionable on the ground «i«ieras 
 of its treating the Declaration either as framed for a breach of Con- contrao™or 
 tract, or for a Wrong. wrong. ' 
 
 XI. And be it, &c.. That pleas of payment and set-off, and all payment.set 
 other pleadings capable of being construed distributively, shall be otte^°piead- 
 taken distributively ; and if issue is taken thereon, and so much thereof i°gs which 
 as shall be sufficient answer to part of the causes of action proved, straeddis"' 
 shall be found true by the Jury, a Yerdict shall pass for the Defendant to betr'^' 
 in respect of so much of the causes of action as shall be answered, and construed. 
 for the Plaintiff in respect of so much of the causes of action as shall 
 
 not be so answered. • 
 
 XTT. And be it, &c., That a Defendant may either traverse gene- Traverse of 
 rally such of the facts contained in the Declaration as might have apn."^"'*'*" 
 been denied by one plea : or may select and traverse separately any 
 material allegation in the Declaration, although it might have been 
 included in a general traverse. And a Plaintiff shall be at liberty to ofPiea,&c. 
 traverse the whole of any plea or subsequent pleading of the Defend- 
 ant, by a general denial, or, admitting some part or parts thereof, to 
 deny all the rest, or to deny any one or more allegations. And a De- And of Rcp- 
 fendant shall be at liberty in like manner to deny the whole or part of '^<=*''''°- 
 a Eeplication or subsequent pleading of the Plaintiff. 
 
644 BERMUDA ACTS. [1857. 
 
 Several mat- 
 
 XIII. And be it, &c., That the Plaintiff in any Action may, by 
 
 pT^adeY a1° leavB of the Court or a Judge, plead in answer to the plea or the sub- 
 thT'S °^ sequent pleading of the Defendant, as many several matters as he shall 
 inlsf ** " think necessary to sustain his action : and the Defendant in any action 
 may, by leave of the Court or a Judge, plead in answer to the Decla- 
 ration, or other subsequent pleading of the Plaintiff, as many several 
 matters as he shall think necessary for his defence, upon an affidavit 
 of the party making such application, or his Attorney, if required by 
 the Court or Judge, to the effect that he is advised and believes that 
 he has just ground to traverse the several matters proposed to be 
 traversed by him, and that the several matters sought to be pleaded as 
 aforesaid by way of confession and avoidance are respectively true in 
 'substance and in fact : Provided that the Costs of any issue, either of 
 fact or law, shall follow the finding or Judgment upon such issue, and 
 be adjudged to the successful party, whatever may be the result of the 
 other issue or. issues. 
 
 Judge's or- XIY. And be it, &c.. That no Kule of Court for leave to plead 
 
 der to plead geveral matters shall be necessary where a Judge's order has been 
 
 several mat- ^ „ , a i n i • i- i ,i t t /» 
 
 ters sum- made for the same purpose. And all objections to the pleadmg oi 
 ""!''■ . several pleas, replications or subsequent pleadings, or several avowries 
 to pleadings or cognizanccs, on the ground that they are founded on the same 
 
 ground of answer or defence, shall be heard upon the summons to plead 
 
 several matters. 
 
 to be heard 
 on summons. 
 
 Certain 
 
 XV. And be it, &c.. That the following pleas, or any two or 
 'y more of them, may be pleaded together, as of course, without leave of 
 the Court or a Judge : that is to say, a plea denying any Contract or 
 leave"' Debt alleged in the Declaration ; a plea of tender as to part ; a plea of 
 
 the Statute of Limitations, set-off. Bankruptcy of the Defendant, dis- 
 charge under an Insolvent Act, ^Zewe administramt, plene adrrdnis- 
 travit proster, infancy, coverture, payment, accord and satisfaction, 
 release, not guilty, a denial that the property (an injury to which is 
 complained of) is the Plaintiffs, leave and license, son assault demesne, 
 and any other pleas which the Judges of the said Court, or any two of 
 them, (of whom, the Chief Justice shall be one) shall by any Kule or 
 Order to be by them from time to time made, order or direct. 
 
 For plead- XYI. And be it, &c.. That except in the cases herein specifically 
 
 ing several provided for, if either party plead several pleas, replications, avowries, 
 ters" iThout cognizances, or other pleadings, without leave of the Court or a Judge, 
 mentmiy*^' the opposite party shall be at liberty to sign Judgment : Provided 
 be signed, ^j^g^^ g^g}^ Judgment may be set aside by the Court or a Judge npon 
 
 an affidavit of merits, and such terms as to Costs and otherwise as they 
 
 or he may think fit. 
 
 XYII. And be it, (feo., That one new assignment only shall be 
 as°igSnt pleaded to any number of pleas to the same cause of action ; and such 
 fowed'in re- ^^^ assignment shall be consistent with and confined by the particu- 
 speotif lars delivered in the action, if any, and shall state that the Plaintiff 
 otTcUon!^ proceeds for causes of action different from all those which the pleas 
 profess to justify, or for an excess over and above what all the defences 
 t'o'be%°e-' ^®* ^P ™ ^^^ pleas justify, or both. — And no plea, which has already 
 peated. bccn pleaded to the Declaration, shall be pleaded to such new 
 
1857.] BERMUDA ACTS. 645 
 
 assignment, except a plea in denial, unless by leave of the Court 
 or a Judge ; and such leave shall only be granted upon satisfactory 
 proof that the repetition of such plea is essential to a trial on the 
 merits. 
 
 XYIII. And be it, &c.. That where an amendment of any Time for 
 pleading is allowed, no new notice to plead thereto shall be necessary ; tlt"'&mLd- 
 but the opposite party shall be bound to plead to the amended plead- '"™'- 
 ing within the time specified in the original notice to plead, or within 
 four days after amendment, whichever shall last expire, unless other- 
 wise ordered by the Court or a Judge ; and in case the amended plead- 
 ing has been pleaded to before amendment, and is not pleaded to de 
 novo within four days after amendment, or within such other time as 
 the Court or a Judge shall allow, the pleadings originally pleaded 
 thereto shall stand and be considered as pleaded in answer to stich 
 amended pleading. ^ 
 
 XIX. And be it, &c.. That in all actions where the Plaintiff re- J^^^gnen'y 
 covers a sum of money, the amount to which he is entitled may be demands^,_^ 
 awarded to him by the Judgment generally, without any distinction tinotion be- 
 being therein made as to whether such sum is recovered by way of *nd™ "„t-' 
 debt or damages. -Provided that nothing in this Act contained shall ges. 
 
 in any way aifeet the provisions contained in the thirteenth section of '^°l^^l^^ 
 the Act passed by the Governor, Council and Assembly, in the year proTisiona 
 One Thousand Eight Hundred and Thirty-one, intituled " An Act to isst"' °* 
 simplify and amend the mode of proceeding in the Court of General 
 Assize," as to the assignment or suggestion of breaches, or as to 
 Judgment for a penalty as security for damages in respect of further 
 breaches. 
 
 XX. And with respect to the admission of documents. Be it Admission of 
 enacted. That either party may call on the other party by notice to ^o^meo's- 
 admit any document, saving all just exceptions : and in case of refusal 
 
 or neglect to admit, the costs of proving the document shall be paid 
 by the party so neglecting or refusing whatever the result of the Cause 
 may be : unless at the Trial the Judge shall certify that the refusal 
 to admit was reasonable ; and no costs of proving any document shall 
 be allowed unless such notice be given, except in cases where the 
 omission to give the notice is, in the opinion of the Court or of a Judge, 
 a saving of expense. And an affidavit of the Attorney in the Cause pi-oof of 
 or his Clerk, of the due signature of any admissions made in pursu- Admissions. 
 ance of such notice, and annexed to the afiidavit, shall be in all cases 
 sufficient evidence of such admissions. And an afiidavit of the At- Proof of no- 
 torney in the Cause, or his Clerk, of the service of any notice to duce."^'" 
 produce, in respect of which notice to admit shall have been given, 
 and of the time when it was served, with a copy of such notice to 
 produce annexed to such affidavit, shall be -sufficient evidence of the 
 service of the original of such notice, and of the time when it was 
 served. 
 
 XXI. And whereas the power of amendment now vested in the Amend- 
 Court of General Assize and the Judges thereof, is insufiicient to en- "'*'"• 
 able them to prevent the failure of Justice by reason of mistakes and 
 objections of form — Be it enacted, That it shall be lawful for the said 
 
646 BERMUDA ACTS. [1857. 
 
 Court, and every Judge thereof, at all times to amend all defects and 
 errors in any proceeding in Civil Causes, whether there is any thing 
 in writing to amend by or not, and whether the defect or error be 
 that of the. party applying to amend, or not, and all such amend- 
 ments may be made with or without costs, and upon such terms 
 as to the Court or Judge may seem fit ; and all such amendments 
 as may be necessary for the purpose of determining in the existing 
 suit the real question in controversy between the parties shall be so 
 made. 
 
 Addresses to XXII. Aiid be it, &c., That upon the Trial of any Cause the ad- 
 «>^ J"'-y- dresses to the Jury shall be regulated as follows :— theparty who be- 
 gins, or his Counsel, shall be allowed, in the event of his opponent not 
 announcing at the close of the case of the party who begins, his inten- 
 tion, to adduce Evidence, to address the Jury a second time at the close 
 of such Case, for the purpose of summing up the Evidence, and the 
 party on the other side, or his Counsel, shall be allowed to open the 
 Case and also to sum up the Evidence (if any) ; and the Eight to reply 
 shall be the same as at present. 
 
 Judge may XXIU. And be it, &c.. That it shall be lawful for the Court or 
 
 adjourn a j^^jgg g^|. ^jjg rpj,jg^][ ^f ^^j Causc whcrc they or he may deem_ it right 
 
 for the purposes of Justice, to order an adjournment for such time, and 
 
 subject to such terms and conditions as to costs, and otherwise, as they 
 
 or he may think fit. 
 
 Writs of XXIY. And be it, &c.. That in future "Writs of Venire facias for 
 
 cteThoi"' Juries to serve at the Assizes may be tested and issued at any time 
 
 made r"-* ^'^^ 1®^^ ^^^^^ thirteen days before they are returnable ; instead of the 
 
 turnabie. last Monday in March, and the last Monday in September in every 
 
 year : — and may be made returnable as directed by the twenty-fifth 
 
 section of the Act of the Legislature passed in the year One Thousand, 
 
 Eight Hundred and Thirty-one, intituled " An Act to simplify and 
 
 amend the mode of proceeding in the Court of General Assize." 
 
 Juries at the XXY. And whereas by the twenty-sixth section of the said Act 
 Com"™* passed in the year One Thousand, Eight Hundred and Thirty-one, the 
 said Court of General Assize is authorised in certain cases to require 
 the attendance at the adjourned Court after the Assizes, of a Jury out 
 of the pannel of Jurors returned for such Assizes ; but the number of 
 Jurymen to be summoned to attend at such adjourned Court is not 
 defined : — Be it enacted, That in any such Case it shall be lawful for 
 the Court to require the attendance at the adjourned Court after the 
 Assizes of twenty-four Jurors to be drawn by Ballot out of the whole 
 pannel of Jurors returned for such Assizes ; and out of such twenty- 
 four Jurors a Jury shall be drawn in the usual way at such adjourned 
 Court to try such Cause, or to inquire of and assess the Damages in 
 any such Cause : Provided that if a sufficient number of Jurors out of 
 the said twenty-four, free from all lawful challenge, shall happen not 
 to attend at the adjourned Court, to make up the Jury, — it shall 
 be lawfiil for the said Court, at such adjourned Court, to grant a tales 
 de circumstantihus, in the usual way, to make up a sufficient Jury ; 
 and at such adjourned Court to try such Cause, or to inquire of and 
 assess the Damages in any such Cause, in like manner as might have 
 
1857.] BERMUDA ACTS. 647 
 
 been done at the Assizes : and Judgment may be entered up there- 
 upon at such adjourned Court. 
 
 XXVI. And be it, &e., That this Act shall commence in opera- Duration of 
 tion on the second day of April in this present year ; and shall con- 
 tinue in force until and throughout the last day of December which 
 will be in the Year of Our Lord One Thousand, Eight Hundred and 
 Sixty-two. 
 
 1857. No. 5. 
 
 AN ACT to amend, and conUnue indefinitely an Aot intituled " An 
 Act for improving the administration of Criminal Justice 
 in these Islands" and certain other Acts in amendment and ex- 
 tension thereof, 
 
 [1 April, 1857.] 
 
 "WIIEEEAS the Act intituled " An Act for improving the admin- preamble, 
 istration of Criminal Justice in these Islands," was passed by the 
 Legislature of these Islands in the year of Our Lord One Thousand, 
 Eight Hundred and Thirty-Six, for a limited period of time, and was 
 continued for a further period of time and amended by a certain other 
 Act of the Legislature passed in the year One Thousand, Eight Hun- 
 dred and Thirty-Eight, intituled " An Act to continue and amend the 
 Act intituled An Act for improving the administration of Criminal 
 Justice in these Islands," and certain additions were made thereto by 
 a certain other Act of the Legislature, passed in the year One Thou- 
 sand, Eight Hundred and Forty-five, intituled " An Act in addition 
 to the Act for improving the administration of Criminal Justice in 
 these Islands," and the said Acts were further continued by a certain 
 other Act of the Legislature passed in the year One Thousand Eight 
 Hundred and Forty-eight, intituled " An Act to continue the Act 
 intituled An Act for improving the administration of Criminal Jus- 
 tice in these Islands, and certain other Acts in. amendment and exten- 
 sion thereof" : — And Whereas the Act intituled " An Act for further 
 improving the administration of Criminal Justice," was passed by the 
 Legislature aforesaid in the year One Thousand, Eight Hundred and 
 Fifty-two, for a limited period of time, which is about to expire, and 
 it is expedient to continue the said Acts whereof the titles are above 
 recited indefinitely with the amendment hereinafter mentioned : 
 
 I. We, therefore, &c., and be it enacted, &c.. That the said Act Actaofisse, 
 passed in the year One Thousand, Eight Hundred and Thirty-six, the iSi; a^a" 
 title whereof is above recited, together with the amendments and ^gf-^^t* 
 additions thereto made by the said Acts respectively passed in the 
 years One Thousand, Eight Hundred and Thirty-eight, One Thousand, 
 Eight Hundred and Forty-five, One Thousand, Eight Hundred and 
 Forty-eight, and One Thousand, Eight Hundred and Fifty-two, the 
 titles whereof are above recited, be and the same hereby are continued 
 in_ force and made perpetual with the amendment hereinafter con- 
 tained (that-is to say) : — 
 82 
 
648 
 
 BERMUDA ACTS. 
 
 [1857 
 
 Persons lia- 
 ble to hard 
 labour may 
 be sen- 
 tenced to be 
 imprisoned 
 and fed on 
 bread and 
 water only 
 for limited 
 periods. 
 
 Proviso. 
 
 Proviso, 
 proviso. 
 
 On com- 
 plaint of 
 Prisoner, 
 Jailor to 
 call on Sur- 
 geon to as- 
 certain, and 
 if neces- 
 sary, remit 
 or suspend 
 hard la- 
 bour. 
 
 And such 
 remission, 
 &c.,to be 
 recorded. 
 
 II. And be it, &c., Tliat every person convicted of any offence 
 punishable by imprisonment witb hard labour, may (if the Court^ or 
 Justice or Justices awarding sentence on such person shall so think 
 fit,) instead of being sentenced to imprisonment with hard labour 
 during the whole period of imprisonment, be sentenced to be, and'be 
 imprisoned and fed on Bread and Water only, instead of the usual 
 Gaol allowance, during any part of the period of imprisonment not 
 exceeding ten days in any one month : — Provided always, that any 
 Prisoner adjudged to be fed on Bread and "Water only shall be put on 
 the usual Gaol allowance for the whole or any part of the time so 
 adjudged, if the Surgeon of the Gaol (or in case of his unavoidable 
 absence some other Medical Practitioner) shall deem it necessary for 
 such Prisoner's Health -.—Provided also, that no Prisoner shall be 
 liable to be fed on Bread and Water only, on the same day on which 
 such Prisoner is to be employed at hard labour : — Provided also, that 
 no Prisoner shall be actually employed at hard labour without the 
 previous sanction of the Surgeon of the Gaol, or in case of his una- 
 voidable absence of some other Medical Practitioner : And that when 
 any Prisoner sentenced to hard labour shall complain to the Keeper 
 of the Gaol, or the Superintendent of Hard Labour, that he or she is 
 unable, through sickness, weakness, or other cause to undergo such 
 hard labour, such Keeper or Superintendent shall immediately report 
 the same to the Surgeon of the Gaol, so that such Surgeon may at- 
 tend such Prisoner and ascertain whether there is a necessity for a 
 partial or entire remission or suspension of such labour, and the 
 Keeper or Superintendent shall make such remission or suspension of 
 labour as may be certified to be necessary and directed by the Sur- 
 geon of the Gaol, or in case of his unavoidable absence by some other 
 Medical Practitioner, and every such remission or suspension of hard 
 labour, or being fed on Bread and Water only, shall be recorded in 
 the Gaol Books. 
 
 1857. No. 6. 
 
 AN ACT to jprevetit the Burial of the Dead within the limits of the 
 Township of Hamilton. 
 
 [7 AprU, 185Y.] 
 
 Preamble. 
 
 Penalty on 
 the burial of 
 any Corpse 
 or Coffin in 
 the Town, 
 within the 
 limitB of the 
 Township of 
 Hamilton. 
 
 WHEREAS no Burial Ground has hitherto been established with- 
 in the limits of the Township of Hamilton in these Islands, and it is 
 expedient to prevent the interment of Corpses within these limits : 
 
 I. We, therefore, &c., and be it enacted, &c., that from and after 
 the passing of this Act, it shall not be lawful to bury any dead person 
 within the limits of the said Township of Hamilton : and any person 
 who shall hereafter bury any Corpse or Coffin, or in any wise act or 
 assist in the burial of any Corpse or Coffin within the limits of the said 
 Township shall be guilty of a misdemeanour ; and on conviction 
 thereof, be liable to be fined any sum not less than Fifty Pounds, 
 and not more than One Hundred Pounds ; and in default of payment 
 thereof to be imprisoned for any term not exceeding Six Calendar 
 Months. 
 
1857.] BEBMUDAACTS. 649 
 
 1857. No. 7. 
 
 AN ACT to repeal certain Acts of the Legislature which have fallen 
 
 into disuse. 
 
 [7 April, 1857.] 
 
 WHEEEAS certain Acts of tlie Legislature of these Islands, tlie preamble, 
 titles whereof are hereinafter mentioned, were passed at an early pe- 
 riod of the settlement of these Islands ; and, by lapse of time and a 
 change of circumstances, having become unsuited to the altered con- 
 dition of the Colony, have not, it is believed, been enforced for many 
 years past ; and it is expedient that the same should be repealed : 
 
 Acts of 
 
 I. We, therefore, &c., and be it enacted, &c.. That the several 
 Acts of the Legislature of these Islands, the titles whereof are herein- 
 after mentioned : (that is to say) — 
 
 An Act passed in the year One Thousand, Six Hundred and im\, 
 Ninety-one, intituled " An Act against Bastardy and Incontinence." Sdyfic.^'' 
 
 An Act passed in the year One Thousand, Six Hundred and ^j'^'jj""" 
 Ninety-one, intituled, " For keeping a diligent Guard at the Castle guard at 
 and Pagitt's Fort." I' S S ca.tie,*e. 
 
 1691, for 
 
 An Act passed in the year One Thousand, Six Hundred and keeping a 
 Ninety-one, intituled "An Act for keeping a good look-out at the the °""" 
 Mount in St. Georges." "Mount." 
 
 An Act passed in the year One Thousand, Six Hundred and jesi, against 
 Nmety-one, intituled " An Act against buying and ingrossing Corn 4c. 
 and Merchandize." 
 
 An Act passed in the year One Thousand, Six Hundred and aecg'jff*"" 
 Ninety-one, intituled "An Act against deceit in making up Tobacco." making up 
 
 An Act passed in the year One Thousand, Six Hundred and i^^i. '° p"- 
 Ninety-one, intituled "An Act to prevent Damage by Cattle, Poul- agebyCat- 
 try, &c." 8 .r ' tie, 4c. 
 
 An Act passed in the year One Thousand, Six Hundred and legi, toreg- 
 Ninety-one, intituled " An Act to regulate the Militia." MUiua'."" 
 
 An Act passed in the year One Thousand, Six Hundred and i694,for 
 Ninety-four, intituled " An Act for the settling the Governor's and all Fee""*' 
 his Officers fees." 
 
 An Act passed in the year One Thousand, Six Hundred and i694, for 
 Ninety-four, intituled " An Act for payment of the Soldiers at the Srs^'af 
 
 Castle." the Castle, 
 
 An Act passed in the year One Thousand, Six Hundred and 1694, against 
 Ninety-four, intituled " An Act against Exportation of Corn out of ^^0^ com. 
 these Islands." 
 
 An Act passed in the year One Thousand, Six Hundred and i698 setting 
 Ninety-eight, intituled "An Act for setting a current value on To- value""' 
 bacco of the growth of these Islands." Tobacco. 
 
'650 
 
 BEEMUDA ACTS. 
 
 [1857. 
 
 1698, to pre. 
 Tent steal- 
 ing ofOran- 
 ges, Ac. 
 
 Hundred and 
 An Act to prevent the stealing of Oranges 
 
 the year One Thousand, Six 
 
 An Act passed in 
 Ninety-eight, intituled 
 and other fruits." 
 
 mi, fores- An Act passed in the year One Thousand, Seven Hundred and 
 pft oiyl One, intituled " An Act for Establishing Fast Days to be celebrated 
 
 in these Islands in an anniversary course." 
 "Stoe"''' An Act passed in the year One Thousand, Seven Hundred and 
 Ba'sttfay °' Seven, intituled " An additional clause to explain the Act intituled, 
 &<=• ' An Act against Bastardy and Incontinence." 
 
 1708, an ad- An Act passcd in the year One Thousand, Seven Hundred and 
 «l?,?ating°' Eight, intituled "An additional clause to an Act intituled. An Act 
 theMUitia. for Eegulating the Militia." 
 
 ti?n' ^i^'t -^^ -^^* passed in the year One Thousand, Seven Hundred and 
 Aots'inthe" Fourteen, intituled "An Act intituled additions and alterations to 
 Ser Md' several Acts of Assembly, made in the time of the Government of 
 Got. Day. igaac EicMer, and Samuel Day, Esquires, late Governors, viz :" — 
 
 171T, for An Act passed in the year. One Thousand,fSeven Hundred and 
 
 amendtag" Seventeen, intituled "An Act for alteration and amendment of several 
 seTeraiAets. j^^^s of Assembly." 
 
 Siuo^Act -^^ ■^°* passed in the year One Thousand, Seven Hundred and 
 for keeping Thirty-onc, intituled " A second additional clause to an Act intituled 
 ca8Ue,°4o!'° An Act for keeping a diligent Guard at the Castle and Paget's Fort." 
 
 dSn'^o**' An Act passed in the year One Thousand, Seven Hundred and 
 Tent*dam-' Thirty-three, intituled " An additional clause to an Act intituled, An 
 age by cat- Act to prevent Damage by Cattle, Poultry, &e." 
 
 ff ^^okit- -^^ ■'^^^ passed in the year One Thousand, Seven Hundred and 
 inga^Guard Thirty-fivc, intituled "An Act for appointing a Guard to attend His 
 i?.*2!2i Excellency the Governor of these Islands for the time being, at his 
 to Divine Service." 
 
 Be and the same hereby are repealed. 
 
 gomj 
 
 1857. No. 11. 
 
 AN ACT to amend the Laws in force in these Islands relating to 
 
 Aliens. 
 
 [11 April, 1857.] 
 
 Preamble. 
 
 WHEEEAS it is expedient that the Laws now in force in these 
 Your Majesty's Bermuda or Somers' Islands affecting Aliens, should 
 be amended: and that Your Majesty should be enabled to grant to 
 Aliens the Eights and Capacities of British Subjects in these Islands, 
 under such Eegulations, and with such restrictions and exceptions as. 
 are hereinafter provided : and whereas by an Act of the Parliament of 
 Great Britain and Ireland passed in the Session holden in the tenth 
 and eleventh years of Your Majesty's Eeign, it is, among other things, 
 
1857.] BEEMUDAACTS. 651 
 
 i 
 
 enacted and dedared that all Laws, Statutes, and Ordinances which ji^yiJ"* 
 should thereafter be made and enacted by the Legislatures of any of ^ ,'°p°''^ 
 Tour Majesty's Colonies or Possessions abroad for imparting to any 
 person or persons the privileges of Naturalization to be by such person 
 or persons exercised and enjoyed within the limits of any such Colonies 
 and Possessions respectively, should within such limits have the force 
 and authority of Law., any Law, Statute or usage to the contrary in any 
 wise notwithstanding. Persona 
 
 born out of 
 
 I. We, therefore, &c., and be it enacted, &c.. That every person minions of 
 now born, or hereafter to be born, out of Her Majesty's Dominions, of be?ng«"»t- 
 a Mother being a natural born subject of the United Kingdom g;g]J?,t'^„ 
 of Great Britain and Ireland shall be capable of taking to him, his be enable 
 Heirs, Executors, or Administrators any Estate in the said Islands, «afor per- 
 real or personal, by devise or purchase, or Inheritance or succession. JateL^Ber- 
 
 > mu'da. 
 
 II. And be it, &c.. That from and after the commencement of Alien 
 this Act, every Alien being the subject of a friendly State shall and ho'™ tvS^'' 
 may take and hol(|^ by Purchase, Grift, Bequest, Eepresentation, or pP^jjo^ai' 
 otherwise, every species of personal property in the said Islands, ex- property 
 cept Chattels Real, as fully and effectually to all intents and purposes, teis Real, 
 and with the same Eights, Eemedies, Exemptions, Privileges, and 
 Capacities, as if he were a natural born subject of the United 
 Kingdom. 
 
 III. And be it, &c., That every Alien who, at the time of the subjects of 
 commencement of this Act shall be residing in, or who shall thereafter sti^may 
 come to reside in any part of the said Islands, and being the subject of ^"'''fjr^j'j,. 
 a friendly State, may by Grant, Lease, Demise, Assignment, Bequest, uence, &c., 
 Eepresentation, or otherwise, take and hold any Lands, Houses, or '""^ ^^ ^^^"' 
 other Tenements, for the purpose of residence or of occupation by him 
 
 or his servants, or for the purpose of any business, trade or manufac- 
 ture, for any term of years, not exceeding twenty-one years, as fully 
 and effectually to all intents and purposes, and with the same Eights, 
 Eemedies, Exemptions and Privileges, as if he were a natural born 
 subject of the United Kingdom. 
 
 IV. And be it, &c.. That upon obtaining the Certificate and taking AUens upon 
 the Oath hereinafter prescribed, every Alien who at the time of the certlaS, 
 commencement of this Act shall be residing in, or who shall thereafter pr^soribTI 
 come to reside in the said Islands, with intent to settle in the said °*^*''* *".'■ 
 Islands, shall enjoy all the Eights and Capacities in the said Islands, TS^^^' 
 which a natural bom subject of the United Kingdom can enjoy or ^tf enjoy*" 
 transmit ; except that such Alien shall not be capable of becoming a §"^turfi''' 
 Member of the Council in the said Islands, nor a Member of the House bom^ub- 
 of Assembly in the said Islands, nor of enjoying such other Eights and ieptTeram- 
 Capacities (if any) as shall be specially excepted in and by the Certifi- ^iv^t"^' 
 cate to be granted in manner hereinafter mentioned. councu or 
 
 ° Assembly. 
 
 V. And be it, &c., That it shall be lawful for any such Alien as suchAUens 
 aforesaid to present to the Governor of the said Islands a Memorial bl^o^g' 
 stating the age, profession, trade or other occupation of the Memorial- naturalized, 
 ist, and the duration of his residence in the said Islands, and all other memorial! * 
 
652 
 
 BERMUDA ACTS, 
 
 [1857. 
 
 Memorial 
 to be con- 
 sidered by 
 Governor 
 in Council. 
 
 AndttoT- 
 ernor witli 
 advice of 
 Council may 
 issue Certi- 
 ficate, 
 
 Certificate 
 to be en- 
 rolled in 
 Court of 
 Chancery, 
 &c. 
 
 Form of 
 Oatb. 
 
 the grounds on whicli he seeks to obtain any of the Rights and Capaci- 
 ties in the said Islands of a natural born British subject, and praying 
 the Governor by and with the advice and consent of the Council for 
 the said Islands, to grant to the Memorialist the Certificate hereinafter 
 mentioned. 
 
 VI. And be it, &c., That every such Memorial shall be considered 
 by the said Governor in Council, and the said Governor in Council 
 shall inquire into the circumstances of each case, and receive all such 
 Evidence as shall be offered by affidavit or otherwise, as the said Gov- 
 ernor in Council may deem necessary or proper for proving or disprov- 
 ing the truth of the allegations contained in such Memorial ; and that 
 the said Governor, if he shall so think fit, by and with the advice and 
 consent of the said Council, may issue a Certificate under the Great Seal 
 of the said Islands, reciting such of the contents of the Memorial as 
 the said Governor by and with the advice and consent aforesaid shall 
 consider to be true and material, and granting to the Memorialist 
 (upon his taking the Oath hereinafter prescribed) all the Eights and 
 Capacities in the said Islands of a natural bornJBritish subject; — ex- 
 cept the capacity of being a Member of the Council in the said Islands, 
 or a member of the House of Assembly in the said Islands ; and except 
 the Rights and Capacities (if any) specially excepted in and by the said 
 Certificate. 
 
 VII. And be it, &c.. That such Certificate together with the form 
 of Oath hereinafter directed to be thereupon indorsed or thereto an- 
 nexed shall be registered in the Secretary's Office in the said Islands 
 and shall be enrolled for safe custody as of Record, in Her Majesty's 
 Court of Chancery in the said Islands, and may be inspected and 
 copies thereof taken under such Regulations as the said Court shall 
 direct. 
 
 VIII. And be it, &c., That within three Calendar months from 
 the day of the date of such Certificate every Memorialist to whom 
 Rights and Capacities shall be granted by such Certificate shall take 
 and subscribe the following Oath (that is to say) : 
 
 " I A. B. do sincerely promise and swear that I will be faithful 
 and bear true allegiance to Her Majesty Queen Victoria^ and 
 will defend her to the utmost of my power against all con- 
 spiracies and attempts whatever which may be made against 
 her Person, Crown, or Dignity ; and I will do my utmost en- 
 deavour to disclose and make known to Her Majesty, her 
 Heirs and Successors, all Treasons and traitorous conspiracies 
 which may be formed against Her or them : and I do faith- 
 fully promise to maintain, support and defend to the utmost 
 of my power, the succession of the Crown, which succession, 
 by an Act intituled An Act for the further limitation of the 
 Crown and better securing the rights and liberties of the sub- 
 ject stands limited to the Princess Sophia Electress of Han- 
 over and the Heirs of her Body, being Protestants ;— hereby 
 utterly renouncing and abjuring any obedience or allegi- 
 ance unto any other person claiming or pretending a ri^t 
 to the Crown of the Realm of Great Britain and Ireland.'' 
 
 " So help me God," 
 
1857.] BERMUDA ACTS. 653 
 
 wMcli Oath shall be taken and subscribed by such Memorialist, and 
 shall be duly administered to him before the Governor of the said 
 Islands for the time being : who shall cause to be endorsed upon or memo, of 
 annexed to the said Certificate, a memorandum in writing of such Me- beenuk^^ 
 morialist having taken and subscribed such Oath accordingly : and *<=• 
 such Memorandum shall be signed by the Governor before whom the 
 said Oath shall be administered : — And in the event of the Demise 
 of the Crown of Great Britain and Ireland, it shall be lawful to 
 insert in the form of the Oath the name of the King or Queen of the 
 United Kingdom of Great Britain and Ireland, and the correspond- 
 ing references thereto, instead of the name of Her Most Gracious 
 Majesty and the references thereto as specified in the foregoing form 
 of Oath. 
 
 IX. And be it, &c.. That the several proceedings hereby author- ^^l°^^fJ^' 
 ised to be taken for obtaining such Certificate as aforesaid, shall be lated by 
 regulated in such manner as the Governor in Council shall from time in°councii. 
 to time direct. 
 
 Persona 
 
 X. And be it, &c., That all persons who shall have been natural- ^|J„'°'^''*j 
 ized in the said Islands before the commencement of this Act, and who resident Ave 
 shall have resided in the said Islands during five successive years, shall fo'y Si*rights 
 be deemed entitled to, and shall enjoy all such Eights and Capacities i°,*'JX 
 
 of British Subjects in the said Islands, as may be conferred on Aliens which can 
 by the Provisions of this Act. on aUensTy 
 
 this Act. 
 
 XI. Provided always, and be it, &c.. That nothing in this Act Act not to 
 contained shall prejudice, or be construed to prejudice any Eights or aff?ct^pr«- 
 Interests in Law or in Equity, whether vested or contingent, under rights. 
 any "Will, Deed, or Settlement executed by any natural born subject 
 
 of Great Britain or Ireland, before the commencement of this Act, 
 or under any Descent or Eepresentation from or under any such 
 natural born subject who shall have died before the commencement of 
 this Act. 
 
 XII. And be it, &c., That nothing herein contained, shall be con- Act not to 
 strued so as to take away or diminish any Eight, Privilege or Capacity ^ ms*™^ 
 heretofore lawfully possessed by or belonging to Aliens residing in the AUens. 
 said Islands, so far as relates to the possession or enjoyment of any 
 
 Eeal or Personal property in the said Islands, but that all such 
 Eights shall continue to be enjoyed by such Aliens in as full and 
 ample a manner as such Eights were enjoyed before the passing of this 
 Act. 
 
 XIII. And be it, &c.. That any Woman married or who shall be marffedto 
 married to a natural born subject or person naturalized, shall be deemed H^^^. 
 and taken to be herself naturalized, and have all the Eights and Priv- jects or n'at- 
 ileges in the said Islands of a natural born subject. Bon^d^Sed 
 
 naturalized. 
 
 XIY. And be it, &c.. That this Act shall commence in operation 
 when Her Majesty's Eoyal Assent thereto shall be given, and made Sse^^ 
 known in the said Islands, and not before that time. 
 
 I [Confirmed by the Crown, 26 February, 1858.] 
 
654 BERMUDA ACTS. [1857. 
 
 1867. No. 22. 
 
 AN ACT providing an annual allowance for the Prothonotary of 
 the Court of General Assise in commutation of Fees heretofore 
 jpaid out of the Public Treasury. 
 
 [16 May, IBS?.] 
 
 Preamble. "WHEEEAS it IS deemed expedient* to provide an annual allow- 
 
 ance for the Prothonotary of the Court of General Assize, instead of 
 the Fees and allowances hitherto payable to him out of the Public 
 Treasury, for his Official Services to the Colony : 
 
 A Salary of I. "Wc, therefore, &c., 9,nd be it enacted, &c., That during the con- 
 ^\he^o^ tinuance of this Act, the Annual Sum of Fifty Pounds, be paid to the 
 ^a'Tbie"^' Prothonotary of the Court of General Assize in these Islands, out of 
 quarterly, any Unappropriated monies in the Public Treasury of these Islands, in 
 four equal quarterly payments, up to and inclusive of the last days of 
 March, June, September and December respectively, in every Year 
 during the continuance of this Act, upon a Warrant from the Gov- 
 ernor, and that the first of these payments be computed from the first 
 day of January in this present Year — and that a rateable proportion 
 of such Quarterly allowance be paid for any portion of a Quarter, for 
 which the duty may have been performed, upon a corresponding 
 "Warrant. 
 
 TobeinUeu 11. And be it, &c.. That the Quarterly payments herein-before 
 plyibfe'b^ mentioned,. shall be deemed and taken to be in fuU discharge of all 
 the Public, fggg^ perquisitcs, and allowances, which the said Prothonotary shall be 
 entitled to, or may demand out of the Public Treasury of these Isl- 
 ands, for any Official Services by him performed, or to be performed 
 But not to for the Public, during the period of time to which such payments 
 of ^airfi^ shall relate, but shall not deprive the said Prothonotary of any other 
 ^eespayabie lav^ful Fccs, pcrquisitcs, or emoluments, which he may be entitled to, 
 uais^ ^' demand or receive from any private Individuals for Official Services 
 to them. 
 
 Duration. III. And be it, &c., that this Act shall be, and continue in force 
 
 until and throughout the last Day of December which will be in the 
 Year of our Lord One Thousand, Eight Hundred and Sixty. 
 
 [Continued to the end of 1866, by Act of 1889, No. 14.] 
 
1857.] BE EM UD A ACTS. 655 
 
 1857. No. 23. 
 
 AN ACT further to amend " An Act for tlie letter regulation of 
 
 the Pilotage." 
 
 [30 May, 18BY.] 
 
 WHEEEAS by the Act of the Legislature of these Islands j)assed Preamble. 
 in the Year One Thousand, Eight Hundred and Eorty-Three, intituled 
 " An Act for the better regulation of the Pilotage " — certain duties 
 are required to be performed by the Mayor of the Town of Hamilton, 
 or the Mayor of the Town of St. George respectively, and any Justice 
 of the Peace associated with either of the said Mayors, and certain 
 powers are vested in the said Mayors of the said Towns respectively 
 and any Justice of the Peace associated with either of the said May- 
 ors for the due execution of the said Act, and it is expedient to pro- 
 vide for the performance of the Duties enjoined by the said Act in 
 case the Mayor of either of the said Towns for the time being should 
 be prevented by illness or by being personally interested in any mat- 
 ter to be brought before them respectively under the said Act. 
 
 I. We, therefore, &c., and be it enacted, &e., that in any case in any case 
 arising on the said Act for the better regulation of the Pilotage, if the KiotA'cttif 
 Mayor of the Town of Hamilton for the time being shall be prevented ^^^^^^^„^ 
 by illness or by being interested in such case from acting therein, it orst. George 
 shall be lawful for any two Justices of the Peace, not prevented by XlSii \>y 
 any similar cause from acting therein, to perform the Duties and teratfroS" 
 exercise the powers which might otherwise have been performed and acting, any 
 exercised by the said Mayor and any Justice of the Peace associated ofthe" Peace 
 with him, and in like manner if the Mayor of the Town of St. George S™ ^e 
 for the time being shall in any case arising on the said Act be pre- ^"'y- *■=■ 
 vented by illness or by being interested in such case from acting 
 therein, it shall be lawful for any two Justices of the Peace not pre- 
 vented by any similar cause from acting therein, to perform the Du- 
 ties and exercise the powers which might otherwise have been per- 
 formed and exercised by the Mayor of the said Town of St. George 
 
 and any such Justice of the Peace associated with him. 
 
 II. And be it, &c., that in the event of any complaint being if complaint 
 lodged before the Mayor of the Town of Hamilton or the Mayor of befoSe 
 the Town of St. George under this Act, if the said Mayor shall be Syr-** 
 prevented either by illness or by interest from entertaining, and hear- rented (as 
 ing such complaint, such Mayor shall certify under his hand the fact acuni, th™ 
 which disables him from entertaining such complaint, and on the Sfythe" 
 production of such Certificate to any two Justices of the Peace not J^o'^^uceJ 
 prevented from acting therein by illness or interest, they shall have of the Peace 
 jurisdiction to hear such complaint, and it shall be their duty to hear S com- 
 and determine such complaint — Provided, that the same right of ^''"°.'' _ 
 Appeal be allowed from the decision of any of the said Justices of the Reserytag 
 Peace as is given by the said Act from the decision of either of the pfai!"''*''" 
 said Mayors and the Justice associated with him. 
 
 83 
 
656 BERMUDA ACTS. [1857. 
 
 Duration. III. And be it, &c., that this Act shall be and continue in force 
 
 during the continuance of the said Act whereof the Title is above 
 recited. 
 
 [Continued to tlie end of 1866, by Act of 1860, No. 3.] 
 
 1857. No. 25. 
 
 AN ACT to consolidate and amend the Acts for encouraging a Gene- 
 ral Vaccination of the Inhabitants of these Islands. 
 
 [6 June, 18B7.] 
 
 Preamble. WHEEEAS the Act intituled "An Act to encourage a General 
 
 Vaccination of the Inhabitants of these Islands from time to time when 
 circumstances may render it prudent," which was passed by the Legis- 
 lature of these Islands in the year of Our Lord, One Thousand, Eight 
 Hundred and Forty, and the Act intituled " An Act to continue and 
 amend the Act intituled ' An Act to encourage a General Vaccination 
 of the Inhabitants of these Islands from time to time when circum- 
 stances may render it prudent,' " which was passed in the year One 
 Thousand, Eight Hundred and Forty-five, and the Act intituled " An 
 Act to amend the Acts for encouraging a General Vaccination of the 
 Inhabitants of these Islands," which was passed in the year One 
 Thousand, Eight Hundred and Fifty-five — ^(together with two other 
 previous Acts of the Legislature on that subject, respectivelypassed in 
 the years One Thousand, Eight Hundred and Thirty, and One Thousand, 
 Eight Hundred and Thirty-seven, but not now in force) — -have been 
 productive of much benefit to the community by extending Vaccination 
 to nearly all the Inhabitants of these Islands, and preventing the 
 spreading of Small Pox in these Islands : and it is expedient that the 
 provisions of the three first mentioned Acts should be amended and 
 consolidated into one Act : 
 
 Acts of 1840, I- ^®» therefore, &c., and be it enacted, &c.. That the three 
 1855 re** -^^ts, the titlcs whercof are above recited, and which were respectively 
 peaie" ex- passed in the Years One Thousand, Eight Hundred and Forty, One 
 slices'" Thousand, Eight Hundred and Forty-five, and One Thousand, Eight 
 tU8°Ac"t. Hundred and Fifty-five, be, and the same hereby are" repealed from 
 and after the commencement of this Act ; except as to services per- 
 formed before the commencement of this Act, under the said three 
 Acts, or either of them, which may be provided and paid for in like 
 Between lat manner as if this present Act had not been passed. 
 
 March and 
 
 inevery*" H- And bc it,' &c., That in every Tear during the continuance of 
 
 Gove'iSTr ^^^^ ^c*' ^* ^omc time between the first Day of March and the last 
 of'thttoun ^^^ °^ September in such Year, it shall be lawful for the Governor of 
 cutolsSe"" these Islands, by and with the advice of Your Majesty's Council, to 
 tionilqdi- issue a Proclamation, requiring and directing a General Vaccination 
 wirv^cd. *° .^® ^^^^ ^* *^® Public expense, and in conformity with the pro- 
 nation, visions of this Act. 
 
1857.] BERMUDA ACTS. 657 
 
 III. And be it, &c., That the Vestry of every Parish in these Afterwhich 
 Islands, as soon as may be practicable after the Publication of any ve°w™to 
 such Proclamation, shall engage one or more Surgeon or Surgeons, or g^^lflf^' 
 other persons of competent skill, to Vaccinate the Inhabitants of such other oom- 
 Parish : and that such Surgeons or other persons of competent skill so sonrto^vrc- 
 engaged by the Vestry, shall attend at such convenient times and STh^awunts. 
 places in the Parish for which he or they shall be so engaged, as shall 
 
 be agreed upon between him or them and such Vestry pursuant to 
 public notice thereof to be given, for the purpose of Vaccinating all 
 persons whatever resident in such Parish, who shall be willing and 
 desirous of being Vaccinated under the provisions of this Act, or whose 
 Parents or Friends shall be desirous for them to be so Vaccinated ; 
 and shall Vaccinate all such persons without any reward to be by them 
 or their Parents or Friends paid for the same. 
 
 IV. Provided always, and be it enacted, That if at any time cir- At any time, 
 cumstances shall arise which in the opinion of the Governor and Coun- c^^tfnles 
 cil shall render it prudent to encourage a General Vaccination of the '■^^Inf 
 Inhabitants of these Islands, in addition to the Periodical Vaccination Govr. with 
 hereinbefore contemplated, then, and in every such case, it shall be uiJcouncu 
 competent to the Governor, by and with the advice of the Council, to p^J^lf^^ 
 issue a Proclamation requiring and directing such additional General Mon for ad- 
 Vaccination, and the same shall be made accordingly, and paid for General 
 under the provisions of this Act. vaccination. 
 
 V. And be it, &c.. That as soon after the issuing of any such And as soon 
 periodical or other Proclamation, as all the Inhabitants of any Parish inhabitants 
 in these Islands who shall be desirous of being Vaccinated under the hadrealon- 
 provisions of this Act, shall have been Vaccinated, or in the opinion "^^^^ „, 
 of the Vestry of such Parish shall have had a full and reasonable op- being vacci- 
 portunity allowed them of being so Vaccinated, the Surgeons or other peraons*so 
 persons so engaged by such Vestry, shall make Return in writing, and |°au make 
 in duplicate, according to the form of the Schedule to this Act annexed, returns to 
 of the names, ages and other particulars mentioned in that Schedule by the ves- 
 relating to the persons so by them respectively Vaccinated under this defthar 
 Act ; and if the Vestry shall be of opinion that the duty contemplated ^f/™,,™' 
 by this Act and by such Proclamation shall have been satisfactorily made to the 
 performed by such Vaccinator or Vaccinators within such Parish, such 1"^*°°°' 
 Vestry or a majority of them, shall certify such Duplicate Keturns, 
 
 and one of such Duplicate Keturns shall be preserved by such Vestry 
 for future reference, and the other of such Duplicate Keturns shall be 
 laid before the Legislature, in order that payment for such Vaccinations 
 according to the provisions of this Act may be allowed to the Surgeons 
 or other persons engaged as aforesaid by the Vestries, and performing 
 such Vaccinations as aforesaid. 
 
 VI. And be it, &c.. That the Surgeons or other persons engaged Rate of re- 
 by the Vestries as aforesaid and performing such Vaccinations in con- to"th"sur-° 
 formity with the provisions of this Act, shall be respectively allowed b^"". *=• 
 the sum of Two Shillings of lawful money of Bermuda for every per- 
 son Vaccinated by them under the provisions of this Act, who had 
 never been Vaccinated before, or who having been Vaccinated before 
 
 shall go through the disease when re-vascinated so as to render it 
 
658 
 
 BERMUDA ACTS. 
 
 [1857. 
 
 probable that such person if not so re-vaccinated would have been 
 proTiso. liable to take the Small Pox : Provided always, That no remuneration 
 shall be allowed for any person Vaccinated under this Act unless such 
 person shall have been seen by the Vaccinator at least once within a 
 fortnight and not less than five days after the time of performing such 
 Vaccination, and such remuneration shall only_ be allowed for Vacci- 
 nating those persons who had never been Vaccinated before ; or who 
 having been Vaccinated before shall go through the disease when re- 
 vaccinated so as to render it probable they would have been liable to 
 take the Small Pox if not so re-vaccinated : and all such remuneration 
 shall be provided for and paid like other contingent charges of the 
 Government of these Islands. 
 
 ?t kSu?™^ VII. And in order to ensure exactness in the said Keturns : Be it 
 accorfki™to enacted, That an adequate number of blank Forms for such Eeturns 
 bfprinted" according to the Schedule to this Act annexed, shall be printed at the 
 (felissr' public expense, and issued from the Secretary's Office from time to 
 No. 8) ' time to such persons as shall be authorised by the Vestry of any Parish 
 to apply for the same. 
 
 VIII. And be it, &c.. That every Prisoner admitted into either 
 of the Gaols in these Islands maintained at the expense of the Colony, 
 shall be examined as soon as possible after his or her admission by the 
 Surgeon of such Gaol, and if such Prisoner shall not appear either to 
 have had the Small Pox, or to have been already effectually Vacci- 
 nated such Prisoner shall be Vaccinated by such Surgeon, who shall 
 be allowed for each Prisoner effectually Vaccinated by him in Gaol 
 the same allowance as is allowed for any other person Vaccinated under 
 this Act. 
 
 IX. And be it, &c.. That this Act shall commence in operation on 
 the Tenth day of June now next ensuing, and shall continue in force 
 until and throughout the last day of December which will be in the 
 Year of Our Lord, One Thousand, Eight Hundred and Sixty. 
 
 Prisoners 
 admitted 
 into the 
 G-aols to be 
 exanuned 
 and when 
 appearing 
 not to have 
 had the 
 small pox or 
 vaccinated, 
 to be vacci- 
 nated by 
 the Surgeon. 
 
 Duration, 
 
 SCHEDULE. 
 
 A Return of Persons Vaccinated in 
 
 
 Parish, by 
 
 
 
 
 
 
 
 
 II 
 
 !ll 
 
 b 
 
 1 
 
 & 
 
 O 
 
 
 Patient's Father's 
 
 
 11 
 
 efore, bu 
 able to 
 if not 
 d. 
 
 11 
 
 ■3fi 
 
 II 
 
 •if 
 
 
 Patient's Nfline. 
 
 or 
 
 %S%u 
 
 ■S'3 
 
 ■=S KS 
 
 1- 
 
 .5'° 
 
 > 
 
 
 Mother's Name. 
 
 Wliether F 
 by Vacc 
 than 5 
 days afte 
 
 
 accinated 
 parently 
 Small P 
 revaccini 
 
 II 
 
 ll 
 
 
 ft 
 
 
 
 > 
 
 Ph 
 
 Bh 
 
 h 
 
 
 
 
 
 
 
 
 
 
 [Continuecl to the end of 18'70, and amended by Act of 1859, No. 3.] 
 
1857.] BERMUDA ACTS. 659 
 
 1857. No. 26. 
 
 AN ACT for the Payment of Costs in Proceedings instituted on 
 lehalf of the Crown in matters relating to the Revenue. 
 
 [IB June, ISet.] 
 
 "WHEREAS in divers proceedings instituted by or on behalf of preamble, 
 the Crown against the Queen's Subjects in respect of matters relating 
 to the Revenue, no costs are recovered by the Crown (except in cer- 
 tain cases) and no costs are paid by the Crown to the subject — And 
 "Whereas it is expedient to assimilate the Law as to the recovery of 
 Costs in such proceedings by or on behalf of the Crown to that in 
 force as to proceedings between subject and subject. 
 
 I. "We, therefore, &c., and be it enacted, &c., that in all Informa- in aii crown 
 tions, Actions, Suits and other legal proceedings to be hereafter insti- where the 
 tuted before any Court or Tribunal whatever in these Islands by or fu°^BBfui, 
 on behalf of the Crown against any Corporation or person or persons costs to be 
 
 1/ J. J. X. rGCovcrcd, 
 
 m respect of any lands, tenements or hereditaments, or of any Goods 
 or Chattels belonging or accruing to the Crown, the proceeds whereof 
 or the rents or profits of which said lands, tenements or hereditaments 
 by any Act either of the Legislature of these Islands or of the Impe- 
 rial Parliament now in force or hereafter to be passed are to be paid 
 into the Public Treasury of these Islands for and towards the support 
 of the Government of these Islands — or in respect of any Sum or 
 Sums of Money due and owing to your Ma-jesty by virtue of any such 
 Act of the Imperial Parliament as aforesaid or any Act of the Legis- 
 lature of these Islands relating to the Public Revenue, Your Majesty's 
 Attorney General or other Law Officer of the Crown for the time 
 being shall be entitled to recover Costs for and on behalf of Tour 
 Majesty where judgment ^hall be given for the Crown in the same 
 manner and under the same rules, regulations and provisions as are, 
 or may be, in force touching the payment or receipt of Costs in pro- 
 ceedings between subject and subject and such Costs shall be paid 
 into the Public Treasury of these Islands for and towards the support 
 of the Government of these Islands. 
 
 II. And be it, &c., that if in any such Information, Action Suit Defendant 
 or other proceeding Judgment shall be given against the Crown, the entitled to 
 Defendant of Defendants shall be entitled to recover Costs in like cess/ui °"°" 
 mannerand subject to the same rules and provisions as though such cfo™' *''° 
 proceedings had been had between subject and subject, and it shall 
 be lawful for the Receiver General of these Islands for the time being 
 — and he is hereby required to pay such Costs out of any imappropri- 
 ated monies in the Public Treasury, on receiving the Bill of Costs 
 taxed in the Cause, or a Copy thereof, certified by the Prothonotary 
 or Clerk of the Court in which the said costs were taxed, and upon a 
 "Warrant for that purpose being issued and delivered to him from the 
 Governor. 
 
660 
 
 BERMUDA ACTS. 
 
 [1857. 
 
 III. And be it, &c., that this present Act shall commence in 
 operation on the first Day of July next ensuing, and shall be and con- 
 tinue in force until and throughout the last Day of December, in the 
 Year of Our Lord One Thousand, Eight Hundred and Sixty-Two. 
 
 1857. No. 29. 
 
 AN ACT to amend the Law respecting Defamatonj Words and Libels. 
 
 [8 July, ISSY.] 
 
 Preamble. 
 
 Offer of an 
 apology ad- 
 missible in 
 evidence in 
 mitigation of 
 
 In an action 
 against a 
 Newspaper 
 for a libel, 
 the Defen- 
 dant may 
 plead tnat 
 it was inser- 
 ted without 
 malice and 
 without ne- 
 glect and 
 may pay 
 money into 
 Court as 
 amends. 
 
 Proviso, 
 
 WHEEEAS the Law respecting Defamatory "Words and Libels 
 may be amended : — 
 
 I. We, therefore, &c., and be it enacted, &e.. That for the better 
 protection of private character and for more effectually securing the 
 liberty of the Press, and for better preventing abuses in exercising 
 that liberty in any action for Defamation, it shall be lawful for the 
 Defendant (after notice in writing of his intention, so to do duly given 
 to the Plaintiff at the time of filing the plea in such action or deliver- 
 ing a copy thereof) to give in evidence in mitigation of damages, that 
 he made or offered an apology to the Plaintiff for such defamation 
 before the commencement of the action, or as soon after as he had an 
 opportunity of doing so, in case the action shall have been com- 
 menced before there was an opportunity of making or offering such 
 apology. 
 
 n. And be it, &c.. That in any action for a libel contained in 
 any public Newspaper or other periodical publication, it shall be com- 
 petent to the Defendant to plead that such libel was inserted in such 
 Newspaper or other periodical publication without actual malice and 
 without gross negligence and that before the commencement of the 
 action or at the earliest opportunity afterwards he inserted in such 
 Newspaper or other periodical publication, a full apology for the said 
 libel, or if the Newspaper or periodical publication in which the said 
 libel appeared should be ordinarily published at intervals exceeding 
 one week, had offered to publish the said apology in any Newspaper 
 or peiiodical publication to be selected by the Plaintiff in such action ; 
 and that every such Defendant upon filing such plea shall be at lib- 
 erty to pay into Court a sum of money by way of amends for the 
 injury sustained by the publication of such libel, and such payment 
 into Court shall be of the same effect and be available in the same 
 manner and to the same extent, and be subject to the same rules and 
 regulations as to payment of costs and the form of pleading, except so 
 far as regards the pleading of the additional facts hereinbefore re- 
 quired to be pleaded by such Defendant as payment of money into 
 Court in actions of Debt or upon promises now ia— -Provided that it 
 shall not be competent to any Defendant in any such action to file 
 any such plea without at the same time making a payment of money 
 into Court by way of amends as hereinbefore provided, and every such 
 plea so filed without payment of money into Court shall be deemed a 
 
1857.] BERMUDA ACTS. 661 
 
 nullity and may be treated as sucli by the Plaintiff — and to such plea 
 to such action it shall be competent to the Plaintiff to reply generally 
 denying the whole of such plea. 
 
 III. And be it, &c., That if any person shall maliciously publish Punishment 
 any defamatory libel, knowing the same to be false, such person being ^amatoy'' 
 convicted thereof, shall be liable to be imprisoned for any term not "•>«'• 
 exceeding two years, and to pay such fine as the Court shall award. 
 
 rV. And be it, &c.. That if any person shall maliciously publish Ana of ma- 
 any defamatory libel every such person being convicted thereof shall matm^ 
 be liable to fine or imprisonment or both as the Court may award, "''^'■ 
 such imprisonment not to exceed one year. 
 
 Y. And be it, &c.. That on the trial of any Indictment or Informa- l^'^l^^^^ 
 tion for a Defamatory Libel the Defendant having pleaded such plea tiiai oi an 
 as hereinafter mentioned, the truth of the matters charged may be in- or m^'L- 
 quired into, but shall not amount to a defense unless it was for the "°f°^a-* ■ 
 public benefit that the said matters charged should be published, and t";? ifei. 
 that to entitle the Defendant to give evidence of the truth of such mat- 
 ters charged as a defense to such indictment or information, it shall be 
 necessary for the Defendant in pleading to the said Indictment or In- 
 formation to allege the truth of the said matters charged in the manner 
 now required in pleading a justification to an action for Defamation, 
 and further to allege that it was for the public benefit that the said 
 matters charged should be published and the particular fact or facts 
 by reason whereof it was for the public benefit that the said matters 
 charged should be published, to which plea the prosecutor shall be at 
 liberty to reply generally denying the whole thereof; and that if after 
 such plea the Defendant shall be convicted on such Indictment or In- 
 formation it shall be competent to the Court in pronouncing Sentence 
 to consider whether the guilt of the Defendant is aggravated or miti- 
 gated by the said plea and by the evidence given to prove or disprove 
 the same. — Provided always that the truth of the matters charged in Proviso, 
 the alleged Libel complained of by such Indictment or Information 
 shall in no case be inquired into without such plea of justification — 
 Provided also that in addition to such plea it shall be competent to Double piea. 
 the Defendant to plead a plea of 'not guilty — Provided also that pj^^^j^^^^ 
 nothing in this Act contained shall take away or prejudice any defence guuty in 
 under the plea of not guilty which it is now competent to the Defend- Slmina? 
 ant to make under such plea to any action or Indictment or Informa- P'oo^edings. 
 tion for Defamatory words or Libel. 
 
 YI. And be it, &c., that whensoever on the trial of any Indict- Evidence to 
 ment or Information for the publication of a Libel under the plea of Jj^^'lgT" 
 not guilty evidence shall have been given which shall establish a pre- rase orpub- 
 sumptive case of publication against the Defendant by the Act of any "rAgent.^ 
 other person by his. authority, it shall be competent to such Defendant 
 to prove that such publication was made without his authority, consent 
 or knowledge, and that the said publication did not arise from want 
 of due care or caution on his part. 
 
 YII. And be it, &c., that in the case of any Indictment or In- 
 formation by a private prosecutor for the publication of any defama- 
 
662 BERMUDA ACTS. [1857. 
 
 onprosecu; toTj libel, if judgment shall be given for the Defendant, lie shall be 
 vau ubei ''■ entitled to recover from the prosecutor the costs sustained by the said 
 enSdto Defendant by reason of such Indictment or Information, such costs to 
 costs on ac- }ye taxcd in the usual mode as between party and party in civil suits, 
 *"' '' ' and that upon a special plea of justification to such Indictment or In- 
 formation, if the issue be found for the prosecutor, he shall be entitled 
 to recover from the Defendant his costs to be taxed in manner afore- 
 said, to be enforced either by "Writ of Execution as the payment of 
 Costs may be enforced in civil cases, or in any other manner to be 
 authorized by the Court, and every Indictment or Information 
 by a private prosecutor shall be signed by such prosecutor or his 
 counsel. 
 
 Commence- YIJI. And bc it, &c., that this act shall take effect from the first 
 
 ment oi Act, ^ ^ ^ ^ 
 
 Day of J uly next. 
 
 1857. No. 30. 
 
 AK ACT further to amend tlie Act intituled " An Act to establish 
 certain regulations for the performance of Quarantine?'' 
 
 [11 July, 1867.] 
 
 Preamble. WHEEEAS the Act passed by the Legislature of these Islands 
 
 in the Year of our Lord One Thousand Eight Hundred and Thirty-six 
 intituled " An Act to establish certain regulations for the performance 
 of Quarantine" — contains certain provisions with respect to the disease 
 called " Cholera " which it is deemed expedient to extend to certain 
 other diseases hereinafter mentioned. 
 
 Goveraor I- ^^j therefore, &c., and be it enacted, &c., that it shall and 
 
 a°d <^^°^" may be lawful for the Governor or Officer administering the Govern- 
 the same ment of these Islands for the time being, by and with the advice and 
 rIS'ictinr consent of Her Majesty's Council, to make from time to time during 
 T^uo/Fe- ^^ continuance of this Act, all or any such Orders or Eegulations 
 ver^or^scar- with rsspect to Small Pox, Yellow Fever, or Scarlet Fever, and with 
 are now au- respect to Yesscls, Persons and Goods mentioned in the Act whereof 
 ^th^lspect the Title is above recited as are authorised by the said Act to be made 
 to Cholera, -^vitb rcspect to Cholcra. 
 
 *^mau™Jx ^' "^^^ ^^ ■^*' ^^"i *^^* *^® ^^^^ Diseases called respectively 
 
 SowPe- Cholera, Small Pox, Yellow Fever and Scarlet Fever, shall, for the 
 IcLidfje- purposes of the said Act, passed in the Year One Thousand Eight 
 to"be°"'ta-^* Hundred and Thirty-six, and of any other Act in amendment or ex- 
 (ectious and tcusion thereof, be deemed and considered to be infectious and con- 
 
 Distas^s."^ tagious Diseases. 
 
 Diseases." Xag 
 
 III. And be it, &c., that this Act shall be and continue in force 
 until and throughout the last day of December in the year of our 
 Lord One Thousand Eight Hundred and Fifty-nine. 
 
 [Continued to the end of 1869, together with Acts of 1836, 1848, 1865, by Act of 1858, 
 No. 1.] . > . J ; 
 
1857.] BERMUDA ACTS. 663 
 
 1857. No. 31. 
 
 AN ACT to provide remuneraUonfrom the Pvhlic Treasury of these 
 Islands for the discha/rge of certain additional duties imposed on 
 certain Officers of the Revenue, and for other purposes connected 
 with such duties, 
 
 [14 July, 1867.] 
 
 "WHEEEAS the duties of tlie Controllers of Customs and Naviga- Preamble. 
 tion Laws at the Ports of Hamilton and Saint G-eorge are now, and 
 for some time past, have been discharged by the Receiver General and 
 Assistant Eeceiver General of these Islands respectively — And Whereas 
 under an Act of the Parliament of Great Britain and Ireland of 17 
 and 18 Victoria, C. 104, intituled " An Act to amend and consolidate 
 the Acts relating to Merchant Shipping" — the Eeceiver General has 
 also to discharge, and for some time past has discharged, various 
 duties required by that Act as Registrar of Shipping — And "Whereas 
 it is just to remunerate the Receiver General and Assistant Receiver 
 General for discharging the additional duties imposed on them respec- 
 tively. 
 
 I. "We, therefore, &c., and be it enacted, &c.. That from and after cri*e^Gen- 
 the passing of this Act, and during the continuance of the same, the ^^tr'^'^'^uie 
 Receiver General of these Islands for the time being, in consideration Duties of 
 of the faithful discharge of the duties of Controller of Customs and of cStomB, 
 Navigation Laws, and other duties annexed to that Office at the Port uf^jj^ohtve 
 of Hamilton, and as long as he holds the same Office and performs the a° annual 
 duties thereof, shall be entitled to receive out of the Public Treasury jko from 
 of these Islands, an annual Salary at the rate of Fifty Pounds. Sy.'''^^*^" 
 
 n. And be it, &c., That from and after the passing of this Act, ^nj^l^^'^ 
 and during the continuance of the same, the Assistant Receiver Gene- General for 
 ral of these Islands for the time being, in consideration of the faithful t"e°dSt£'of 
 discharge of the duties of the Controller of Customs and Navigation „{ cSo'ms 
 Laws at the Port of Saint George and other duties annexed to that *"■. »* st. ' 
 office, and as long as he holds the same, shall be entitled to receive out have^an' 
 of the Public Treasury of these Islands an annual Salary at the rate of aJ'y^rom*'' 
 Thirty Pounds. "'^'^r^'; 
 
 •' ury of £80. 
 
 III. And be it, &c.. That the Salaries hereinbefore authorised to salaries to 
 be paid to the several Officers above-mentioned be paid on the usual ^l^^^^y 
 Warrants from the Governor quarterly, that is to say, on the last Ac. 
 days of March, June, September and December respectively, in every 
 year. 
 
 lY. And be it, &c., That immediately after the passing of this Arrears of 
 Act the several Officers hereinbefore provided for shall be entitled to rie^fromsth 
 receive out of the Public Treasury, on the usual Warrants from the ^»°-^ ^^^^ 
 Governor, arrears of Salaries at the several rates hereinbefore allowed 
 from the Fifth day of January, in the Year One Thousand Eight 
 Hundred and Fifty-five, to the date of the passing of this Act. 
 84 
 
664 BERMUDA ACTS. [1858. 
 
 Fee of any V. And be it, &c., That whenever under the " Merchant Shipping 
 
 Jfe""!^*" Act" hereinbefore mentioned, any Officer to whom it shall perlfain to 
 °to°Act'"' measure any Vessel shall be lawfully required to do so, such Officer 
 Suring having made such measurement before granting any Certificate or 
 fse^'eTleof' other necessary Document shall be entitled to receive from the person 
 No. 12.) requiring such measurement to be made, a. fee of Twenty Shillings in 
 consideration of the duty so performed. 
 
 and'^ILt- ^I- And be it, &c., that from and after the passing^ of this Act 
 
 tdtS Gen ^^^ during its continuance it shall be the duty of the Eeceiver General 
 
 lr"i'L lay" and Assistant Eeceiver General respectively, to lay before the several 
 
 Sfatoe branches of the Legislature of these Islands yearly, as soon as conve- 
 
 iMrf^aUKe niently may be after the meeting of the same, Copies of all Eeturns 
 
 turns made made up by them, or either of them, as Controllers of Customs and 
 MCon?^" Navigation Laws or Eegistrars of Shipping — such Copies to be certi- 
 SoSsfic. fled by the Officer furnishing the same to be true Copies. 
 
 Duration. ^I- And be it, &c., that this Act shall continue and be in 
 
 force until and throughout the last day of December in. the Year 
 One Thousand Eight Hundred and Sixty, or until the end of the 
 tenure of the Offices of Controllers of Customs and I^avigation Laws 
 by the present holders of the same respectively in the event of those 
 Offices or either of them becoming vacant before the last day of De- 
 cember, One Thousand Eight Hundred and Sixty. 
 
 [Continued to the end of 186B ; and amended by Act of 1860, No. 12.] 
 
 1858. No. 5. 
 
 AN ACT to Continue and amend the Act for the regulation of an 
 Hospital for Insane Paupers, and certain Acts in addition to 
 • and amendment thereof. 
 
 [22 July, 1858.] 
 
 Preamble. 
 
 WHEEEAS the Act intituled "An Act for the Eegulation of an 
 Hospital for Insane Paupers," was passed by the Legislature of these 
 Islands in the Year of Our Lord, One Thousand Eight Hundred and 
 Fortj-six, for a limited period of time, and was continued and amended 
 by an Act passed in Year One Thousand Eight Hundred and Forty- 
 nine, intituled " An Act to continue and amend the Act for the Eegu- 
 lation of an Hospital for Insane Paupers," and also by An Act passed 
 in the Year One Thousand Eight Hundred and Fifty-two, intituled 
 " An Act in addition to the Act for the Eegulation of an Hospital 
 for Insane Paupers," and it is expedient to continue the said Acts in 
 force for a further period of time, with the Amendments hereinafter 
 contained. 
 
 I. We, therefore, &c., and be it enacted, &c., that the said Act 
 
 18S2 con- P.^ssed in the Year One Thousand Eight Hundred and Forty-six, the 
 
 tinned in' title whercof is above recited, with the amendments thereto contained 
 
 in the said Acts passed in the Year One Thousand Eight Hundred and 
 
 Forty-nine, and One Thousand Eight Hundred and Fifty-two, 
 
 Acts of 1846, 
 1849 and 
 18S2, con 
 
 force 
 
1858.] BERMUDA ACTS, 665 
 
 respectively, hereby are continued in force, with the amendments 
 hereinafter contained for and during the period of time hereinafter 
 mentioned. 
 
 II. And be it, &c., that in lieu of the Annual Salary of Sixty increase ot 
 Pounds allowed by the said Act passed in the Year One Thousand issSnt 
 Eight Hundred and Forty-six, to the Assistant Keeper of the said deeper. 
 Hospital, there be allowed to the Assistant Keeper, for the time 
 being, of the said Hospital, an Annual Salary of Seventy Pounds, 
 
 to commence upon from and after the first day of July next ensu- 
 ing, and to be paid Quarterly at the periods appointed by the last 
 mentioned Act upon producing a Warrant for such payment from 
 the Governor or Officer administering the Government of these 
 Islands. 
 
 III. And be it, &c., that whenever it shall be proved to the satis- a pauper 
 faction of the Governor and Council that any person is a Pauper and gero^\u*" 
 a dangerous lunatic, or a dangerous idiot or a dangerous person of may^bt^ad- 
 unsoundmind, and that there is good ground of apprehension that such J^'"g„'°i 
 person, unless immediately committed will do some serious injury to tai before 
 himself or others, it shall be lawful for the Governor and Council to mint has" 
 make an order for the immediate admission of such person to the said JSnea^&c' 
 Hospital notwithstanding that it may not have been ascertained in 
 which Parish in these Islands such person was last settled, always 
 provided that in every such case of emergency the Governor and 
 Council shall proceed without delay to ascertain and determine in 
 which of the Parishes of these Islands such person so committed last 
 obtained a legal settlement, and all the other facts required to be in- 
 quired into in ordinary cases under or by virtue of the Sixth section 
 
 of the said Act passed in the Year One Thousand Eight Hundred and 
 Forty-six, and the Overseers of the Parish where the Governor and 
 Council shall adjudge such Insane Pauper to be lawfully settled, shall 
 be liable for the maintenance of such Lisane Pauper from the time of 
 his or her admission to the said Hospital with the like rights as to 
 petitioning for a reconsideration and in all other respects as if the 
 last settlement of such Insane Pauper had been ascertained at the 
 time required in and by the Act passed in the Year 1846, " For the 
 regulation of an Hospital for Insane Paupers," anything in the Sixth 
 and Eighth clauses of the said Act contained to the contrary notwith- 
 standing, and on any such order being made by the Governor and 
 Council it shall be the duty of the Keeper of the said Hospital to re- 
 ceive and keep such Insane Pauper as in any other case of commitment 
 of the Governor and Council. 
 
 _ IT. And be it, &c., that the Keeper and Assistant Keepers of the Keepers not 
 said Hospital, during the time they shall respectively hold those Offi- ju^o^s™ *' 
 ces shall not be deemed qualified to serve as Jurors, Church Wardens churchwar- 
 or Constables. Sies^'^""" 
 
 Y. And be it, &c., that this Act shall be and continue in force Duration. 
 until and throughout the last day of December, which will be in 
 the Year of Our Lord, One Thousand, Eight Hundred and Sixty- 
 nine. 
 
666 BERMUDA ACTS. [1851 
 
 1858. No. 6. 
 
 AN ACT to amend and contvrme the Acts regulating Prison Laboiir. 
 
 [22 July, 18S8.] 
 
 Preamble. "WHEKEAS the Act intituled " An Act for enforcing hard labour 
 
 on Prisoners in the Public Gaols liable to be so employed" was 
 passed by the Legislature of these Islands in the Tear of Our Lord, 
 One Thousand, Eight Hundred and Forty-Four, for a limited period 
 of time, and the Act intituled " An Act to continue and amend the 
 Act intituled An Act for enforcing hard labour on Prisoners in the 
 Public Gaols liable to be so employed " was passed by the Legislature 
 in the Year One Thousand, Eight Hundred and Forty-Seven, for a 
 limited period of time, and the said two Acts were continued for a 
 further period of time and amended by An Act passed in the Year 
 One Thousand, Eight Hundred and Forty-Nine ; and the said Acts 
 have since been further continued by An Act passed in the Year One 
 Thousand, Eight Hundred and Fifty-four for a limited period of time 
 which is about to expire, and it is expedient to continue the said two 
 Acts passed respectively in the Years One Thousand, Eight Hundred 
 and Forty-Four, and One Thousand, Eight Hundred and Forty-Seven, 
 in force for a further period of time, with the amendments hereinafter 
 expressed : 
 
 Acts of 1844 ^' ^®j therefore, &e., and be it enacted, &c., That the said 
 conttald -^^^^ respectively passed by the Legislature in the Years One Thou- 
 with amend- saud, Eight Hundred and Forty-Four and One Thousand, Eight Hun- 
 "'™*°' dred and Forty-Seven, the titles whereof are above recited, be, and 
 the same hereby are continued in force, with the amendments herein- 
 after expressed, until and throughout the last day of December, which 
 will be in the Year of Our Lord, One Thousand, Eight Hundred and 
 Sixty-Five. 
 
 Prisoners H. And "Whercas a Crank Machine has been provided in each of 
 
 to'hardlt ^^ Gaols for the punishment of Prisoners confined in the said Gaols 
 tourmay be under Sentence of hard labour — be it enacted that it shall be lawful 
 Sank Ma- for Prisouers in either of the said Gaols, sentenced to hard labour, to 
 chmes. |jg employed in working the said Crank Machines, under such rules 
 and regulations as have already been made and approved or hereafter 
 may be made and approved, in the manner prescribed by the said 
 Act passed in the Year One Thousand, Eight Hundred and Forty- 
 Four. 
 
 superinten- HI- And be it, &c.. That the Superintendent of Prisoners em- 
 dent ot hard ployed at hard labour at the Gaol in the Town of St. Georee for the 
 
 labour also ■'^, *',. 11-111-1 1 1 1 . 1^ -r-r 
 
 to assist time being, shall also be bound to render such assistance to the Keeper 
 
 Keeper of ^£ ^^ ^^^.g Qg^^^ ^ ^jjg performance of his duties as shall be prescribed 
 
 by the Justices of the Peace in General or Quarter Sessions, subject 
 
 to the approbation of the Chief Justice or Assistant Justices respect- 
 
1858.] BERMUDA ACTS. 66T 
 
 ively, as provided by the said Act passed in the Year One Thousand, 
 Eight Hundred and Forty-Seven (anything contained in the eighth 
 clause of the last mentioned Act to ^he contrary thereof in any wise 
 notwithstanding.) 
 
 1858. No. 8. 
 
 AN ACT to conHnue and amend the Act for the letter regulation of 
 Vestries, Constables and Church Wardens in these Islands. 
 
 [13 August, 1858.] 
 
 WHEEEAS the Act intituled " An Act for the better regulation Preamble. 
 of Vestries, Constables and Church "Wardens in these Islands," — was 
 passed by the Legislature of these Islands in the Year of Our Lord 
 One Thousand, Seven Hundred and Ninety-three for a limited period 
 of time, and since then has been repeatedly continued, and found ben- 
 eficial, and it is expedient to continue the same for a further period 
 with the amendments hereinafter contained : 
 
 I. We, therefore, &c., and be it enacted, &c., That the said Act, Actofir93 
 the title whereof is above recited, be, and the same hereby is contin- ^"""l^^^^a. 
 ued in force, with the amendments hereinafter contained, for the period menta. 
 
 of time hereinafter mentioned. Majority of 
 
 ■ Vestrymen 
 
 II. And be it, &c.. That if the Minister of the Parish of Saint George Par- 
 George shall be duly notified, and shall not attend any meeting of the cee" to ^'^° 
 Vestry, it shall be lawful for a majority of the whole number of Ves- tZ^gh rm- 
 trymen in the said Parish to proceed to business. tor does not 
 
 ■^ ^ attend, after 
 
 notice. 
 
 III. And Whereas under the Acts of the Legislature passed in the 
 Year One Thousand, Seven Hundred and Seventy-five, and in "the 
 Year One Thousand, Eight Hundred and Thirty-three, for regulating 
 the Sale of Pews in the Parish Churches in these Islands, it has been 
 usual in some of the Parishes in these Islands to consider the Pew 
 Kents as due and payable at the commencement of the year during 
 which the Pews are held, and in other Parishes as only due and pay- 
 able after the termination of such year, and it is expedient to establish 
 an uniform practice in this respect, in all the Parishes as hereinafter 
 prescribed. Be it enacted, that from and after the passing of this Act pew Rents— 
 —the Eents of the Pews in all of the Parish Churches in these Islands X^f^° '^^- 
 — shall be deemed to be due and payable and may be demanded and 
 recovered for the period of time from Easter Term in one year to 
 Easter Term in the succeeding year, at any time after the third Mon- 
 day after Easter Monday in the former year. 
 
 IV. And be it, &e., That this Act shall be and continue in force Duration. 
 until and throughout the last day of December, which will be in tlie 
 Year of our Lord One Thousand, Eight Hundred and Sixty-eight. 
 
668 
 
 BERMUDA ACTS. 
 
 [1858. 
 
 1858. No. 9. 
 
 AN ACT to amend the Law relating to the Election of Meimhers to 
 serve in the General AssemhVy. 
 
 [26 August, 1858.] 
 
 Preamble. 
 
 Hours lor 
 keeping 
 open any 
 Meeting 
 convened 
 for an 
 Election, 
 and times 
 at which 
 Candidates 
 are to be 
 nominated, 
 and Polls 
 taken. 
 
 It Election 
 be not de- 
 termined on 
 the view, 
 Returning 
 Officer to 
 appoint two 
 days for 
 polling. 
 
 Days and 
 hours for 
 taking the 
 PoU. 
 No free- 
 holder ad- 
 missible a 
 second time 
 to the Poll. 
 No candi- 
 date to be 
 nominated 
 on any 
 polling day. 
 
 "WHEEEAS by An Act of the Legislature of these Islands passed 
 in the Tear of Our Lord One Thousand, Seven Hundred and Eighty- 
 Nine, intituled " An Act for regulating the Election of Members to 
 serve in the General Assembly, fixing the Qualifications of Candidates 
 and Electors and assimilating the practice of the Somers' Islands in 
 those points as nearly as circumstances and situation will allow, to 
 that of the Parent State " — it is among other things enacted, that in 
 case any Election as aforesaid shall not be determined upon the view 
 with the consent of the Freeholders there present but that a Poll shall 
 be required for the determination thereof — then the Returning Officer 
 shall forthwith proceed to take the Poll, and shall duly and orderly 
 proceed to take the Poll from day to day, and from time to time, until 
 all the Freeholders tendering themselves shall be polled and not 
 longer : and Whereas in order to render the mode of proceeding in 
 Elections of Members to serve in the General Assembly more uniform, 
 and to render the duty of Keturning Officers more easy and certain, 
 it is desirable to amend the said Act. 
 
 I. "We, &c., and be it enacted, &c., that from and after the pass- 
 ing of this Act, when any Returning Officer or Officers shall convene 
 any Meeting of the Freeholders of any Parish for the Election of a 
 Member or Members to serve in the General Assembly in like manner 
 as such Returning Officers have heretofore been, and now are, em- 
 powered to convene such meeting, the Returning Officer or Officers 
 shall open such meeting at twelve o'clock at noon on the day on 
 which such Meeting shall be convened, and shall keep such Meeting 
 open until three o'clock in the afternoon of such day to allow sufficient 
 time for the nomination of Candidates, when, if such Election shall 
 not be determined on the view but a Poll shall be demanded by any 
 opposing Candidate or Candidates or on his or their behalf, the Re- 
 turning Officer or Officers shall not on the same day proceed to poll 
 votes, but shall appoint and proclaim two other days for polling the 
 Yotes of all qualified Freeholders who shall tender themselves for that 
 purpose, such days not to be consecutive and to be within ten days 
 from the time of adjournment for polling such Yotes. 
 
 n. And be it, &c., that every Returning Officer who shall ap- 
 point and proclaim a time as aforesaid for determining any Election 
 as aforesaid shall open the Poll at eleven o'clock in the forenoon of 
 the first of such days as aforesaid and shall adjourn at three o'clock 
 in the afternoon of the same day until eleven o'clock in the forenoon 
 of the second day, and shall finally close the Poll at four o'clock in 
 the afternoon of such second day of Polling, and shall not admit any 
 Freeholder a second time to the Poll, and shall not admit any Candi- 
 date to be nominated on either of such days set apart for polling. 
 
1858.] BERMUDA ACTS. 669 
 
 III. And be it, &c.j that on any Election being held during the on Election 
 Session of the Legislature in case of any vacancy, it shall be the duty sSn^R^e- 
 of every Eeturning Officer to make a return to a "Writ for holding *^^^^°^' 
 such Election within three days from the close of such Election, and ^™"'?., 
 every Member elected during such Session shall be eligible to take s dayl, and 
 his Seat as soon as such Eeturn has been certified in the usual manner Sed may 
 to the House of Assembly, and it shall be the duty of the Colonial |^^^^j''j„j,„ 
 Secretary to certify such E,eturn on the first day of meeting of the as such Ke- 
 House of Assembly after the receipt of such Eeturn in his Office. JSl° ""' 
 
 lY. And be it, &c., that any Eeturning Officer who shall be or Returning 
 become disabled from acting as such by illness or infirmity, be here- tifafpo'S*' 
 by empowered to endorse the Writ of Election to any neighbouring l^^l^f^^^l 
 Justice with a Certificate under his hand and seal shewing the cause, writ to any 
 in like raanner as Eeturning Officers have heretofore been, and now j^fbe^^o 
 are, empowered to do on becoming Candidates, and such neighbour- ^jf;™'" 
 ing Justice shall be under the like obligations to execute the Writ as 
 if it had been originally directed to him. 
 
 1858. No. 10. 
 
 AN ACT to Continue and amend the Act providing an annual 
 allowance for the Provost Ma/rshal General. 
 
 [20 September, 1858.] 
 
 WHEEEAS the Act intituled " An Act providing an annual al- preamble. 
 lowance for the Provost Marshal General " was passed by the Legis- 
 lature of these Islands in the Year of Our Lord One Thousand Eight 
 Himdred and Fifty-two, for a limited period of time, and has since 
 been continued for a further period of time, and it is expedient to con- 
 tinue the same in force for a further period of time, with the amend- 
 ment hereinafter contained. 
 
 I. "We, therefore, &c., and be it enacted, &c., that the said Act, Actofissa 
 the title whereof is above recited, be, and the same hereby is continued '='"''™"**- 
 in force, with the amendment hereinafter contained, for the period of 
 
 time hereinafter mentioned. 
 
 II. And be it, &c., that during the continuance of this Act the gaiaryof 
 Salary of the Provost Marshal General of these Islands shall be Two ?°^,*?*''- 
 Hundred Pounds a year instead of the annual Sum of One Hundred crease'd. 
 and Fifty Pounds allowed by the said Act passed in the Year One 
 Thousand Eight Hundred and Fifty-two, which said Salary granted 
 
 by this Act shall be paid to the said Provost Marshal General out of 
 any unappropriated monies in the Public Treasury of these Islands, 
 in four equal Quarterly payments up to, and inclusive of, the last days 
 of March, June, September, and December, in every year, (during the 
 continuance of this Act) upon a Warrant from the Governor, and that 
 the first of these payments be computed from the first day of Octo- 
 ber in this present year, and that a rateable proportion of such quar- 
 
670 
 
 BERMUDA ACTS. [1858. 
 
 Duration. 
 
 terly allowance be paid for any portion of a Quarter of a Year for 
 which the duty of the said Office may be performed upon a corres- 
 ponding Warrant. 
 
 ■ III. And be it, &c., that this Act shall be and continue in 
 force until and throughout the last day of December, which will be in 
 the Year of Our Lord One Thousand Eight Hundred and Sixty-three 
 and then to determine and expire. 
 
 1858. No. 11. 
 
 AN ACT to Continue and amend the Act intituled " An Act relative 
 to the Conviction of Offenders transported to these Island^ from. 
 Great Britain and other parts of His Majesty's Dominions^'' 
 and certain other Ads in Amendment thereof. 
 
 [20 September, 1858.] 
 
 Preamble, WHEEEAS the Act intituled " An Act relative to the Conviction 
 
 of Offenders transported to these Islands from Great Britain and other 
 parts of His Majesty's Dominions" — was passed by the Legislature of 
 these Islands in the Year of Our Lord, One Thousand, Eight Hundred 
 and Thirty, to-be in force one year, and until the end of the next Ses- 
 sion of the Legislature thereafter, unless before the expiration of that 
 time it should appear to be repugnant to any Act of the Imperial Par- 
 liament passed, or to be passed. And Whereas the duration of that 
 Act has been since prolonged by Acts of the Legislature respectively 
 passed in the Years One Thousand, Eight Himdred and Thirty-one — 
 One Thousand, Eight Hundred and Thirty-Four — One Thousand, 
 Eight Hundred and Forty-One — One Thousand, Eight Hundred and 
 Forty-Eight— and One Thousand, Eight Hundred and. Fifty-Two ; and 
 certain additions and alterations were made to the said Act passed in 
 the Year One Thousand, Eight Hundred and Thirty — by an Act of 
 the Legislature passed in the year One Thousand, Eight Hundred and 
 Forty-Five, intituled " An Act in addition to an Act intituled An Act 
 relative to the conviction of Offenders transported to these Islands 
 from Great Britain and other parts of His Majesty's Dominions " — and 
 by ^ certain other Act passed in the Year One Thousand, Eight Hund- 
 red and Forty-Six, intituled, "An Act to amend the Act intituled 'An 
 Act relative to the Conviction of Offenders transported to these Isl- 
 ands from Great Britain and other parts of His Maj esty's Dominions ' " 
 — and it is expedient to continue the same in force for a further period, 
 with the amendments hereinafter contained : 
 
 iM5°fmf "' '"'■ .^^' ^^^^^f*^^?? ^'^•1 ^'^^ t)e it enacted, &c.. That the said Acts 
 1846,' con- respectively passed in the Years One Thousand, Eight Hundred and 
 tinued. Thirty; One Thousand, Eight Hupdred and Forty-Five; and One 
 Thousand, Eight Hundred and Forty-Six ; the titles whereof are above 
 recited, be, and the same hereby are continued in force during the 
 continuance of this present Act with the amendments hereinafter con- 
 tained : that is to say — 
 
1858.] BERMUDA ACTS. 671 
 
 n. And Whereas it is expedient to prevent such transported Con- penalty on 
 victs from obtaining or being supplied with spirituous or fermented who aure" 
 Liquor (except such quantity thereof as is allowed to be issued to or'wafford 
 them in their prisons or places of confinement or labor, under the Mand, or 
 Regulations of the Convict Establishment at these Islands.) Be "haUBup"'"' 
 it further enacted that any person who shalt at any part of Ireland J'rJn5°p^rt'^d 
 Island, Boaz Island or "Watford Island or of the "Waters or anchorages conviotany 
 near thereto, sell, give, dispose of, supply, deliver, or convey to, or fermentfd"'^ 
 cause or procure to be sold, given, disposed of, supplied, delivered, or ^'i™"^- 
 conveyed to, any such transported Convict at these Islands any spir- 
 ituous or fermented Liquor, shall, for each and every such offence, for- 
 feit and pay, a sum of Money not exceeding Ten pounds, and not less 
 than Three pounds — of lawful money of these Islands. One moiety 
 thereof to be paid to the Informer, and the other moiety thereof to be 
 paid into the Public Treasury of these Islands, in aid of the mainten- 
 ance of the Public Gaols in these Islands. 
 
 Provided alwaj%, that the said penalty shall in no case be incurred Proviso. 
 by the issuing or delivery, to any such transported Convicts, of any 
 spirituous or fermented liquor, in conformity with the established 
 regulations for the Grovernment of the said transported Convicts in 
 these Islands. 
 
 HI. And be it, &c.. That any penalty or forfeiture imposed by Penalty, 
 this Act shall and may be recovered or enforced, together with Costs ^oZel' 
 of Suit, either as debts not exceeding Three Pounds are recoverable 
 and may be enforced, or, in the manner prescribed by the Act of the 
 Legislature of these Islands, "for facilitating summary proceedings 
 before the Justices of the Peace," or in any other manner authorized 
 by Law. — Provided always, that all proceedings to be instituted under pro™o. 
 this Act shall be commenced within thirty days from the time of the 
 offence being committed. 
 
 IV. And be it, &c., That the second and third sections of this 
 Act be published in the Newspapers of this Colony for general in- 
 formation. 
 
 y. And be it, &c.. That this Act shall be and continue in force Duration. 
 until and throughout the last day of December which will be in the 
 Year of Our Lord, One Thousand, Eight Hundred and Sixty-Eight. 
 
 1858. No. 12. 
 
 AN" ACT to render transported Convicts liable to additional Terms 
 of penal serviiAide at the Convict Establishments at these Islands, 
 m cases of Conviction of Offences within these Islands, subject to 
 penal servitude in the United Kingdom. 
 
 [20 September, 1858.] 
 
 "WHEREAS by an Act of the Imperial Parliament passed in the preamble. 
 Sixth Year of the Reign of His late Majesty King George the Foui-th, 
 intituled " An Act for punishing offences committed by Transports 
 
 m 
 
672 BERMUDA ACTS. [1858, 
 
 kept to labour in the Colonies ; and better regulating the powers of 
 Justices of the Peace in New South "Wales" ; it is among other things 
 enacted that every offence committed by any Male offender kept to 
 labour in any part of His Majesty's Dominions out of England, under 
 and by virtue of the provisions of an Act intituled " An Act for the 
 Transportation of Offenders from Great Britain," — whether such 
 offence shall be Treason, Felony or Misdemeanour by the Law of 
 England, shall be an offence of the same quality, degree and denomi- 
 nation, and shall be attended with the same punishment and conse- 
 quences, wheresoever such offences shall be committed by such Male 
 Offender while kept to labour as aforesaid, as if the same were com- 
 mitted within England. — And "Whereas by An Act of the Legislature 
 of these Islands passed in the Year One Thousand, Eight Hundred and 
 Forty-Seven, intituled " An Act to render transported Convicts liable 
 to additional terms of labour at the Convict Establishments at these 
 Islands, in cases of Conviction of offences for which they may be liable 
 to Transportation from the said Islands," any su^h Male Offender in 
 case of certain offences, being committed by him within these Islands, 
 is made liable to be sentenced by the Court in these Islands taking 
 cognizance of the offence either to be transported according to 
 the provisions of the Act or Acts of the Imperial Parliament applying 
 to his offence, or instead thereof to be sentenced to be detained or kept 
 to labour at any Establishment within these Islands for Convicts 
 transported from Great Britain for any term or period of time for 
 which such offender might have been transported from these Islands, 
 by virtue of any such Act of the Imperial Parliament ; such additional 
 Term of labour to commence from and after the determination of the 
 Term'to which he might have been previously sentenced or subject: — 
 And "Whereas since the passing of the said Act of the Legislature, an 
 Act has been passed by the Imperial Parliament in the Session holden 
 in the Sixteenth and Seventeenth Years of Her present Majesty's Reign, 
 intituled " An Act to substitute in certain cases other punishment in 
 lieu of Transportation," by which, among other things, it is enacted 
 that no person should be sentenced to Transportation who, if that Act 
 of Parliament had not been passed, would not have been liable to be 
 transported for life, or for a term of fourteen years or upwards : and no 
 person should be sentenced to Transportation for less than fourteen 
 Years. And that any person who, if that Act had not been passed, . 
 might have been sentenced to Transportation for a Term of less than 
 fourteen years, should be liable, at the discretion of the Court, to be 
 kept_ in penal servitude for such term of time as in the said Act of 
 Parliament is thereinafter mentioned — which terms of penal servitude 
 have since then been altered by another Act of the Imperial Parlia- 
 ment passed in the Session holden in the Twentieth and Twenty-First 
 Years of the Eeign of Her Majesty, Chapter Three, to amend the afore- 
 said Act of the Sixteenth and Seventeenth Years of Her Majesty's 
 Reign. And Whereas it is expedient that a discretion should be 
 vested in the Courts in this Colony to subject any such Offender to an 
 additional Term of penal servitude at the Convict Establishments 
 in these Islands who shall be convicted in these Islands of any offence 
 committed in these Islands, which if committed in Great Britain or 
 Ireland would have subjected such Offender to the punishment of penal 
 servitude : 
 
1858.] BERMUDA ACTS. 673 
 
 I. We, therefore, &e., and be it enacted, &c., That in every case Anyirans- 
 in which any offence shall he committed within these Islands by any Tuft' coSt- 
 Male Offender tran^orted or brought to these Islands from the United '5f„*° p„„. 
 Kingdom of Great Britain and Ireland, by virtue of the aforesaid Act i^habie by 
 intituled " An Act for the Transportation of Offenders fronJ Great Sma7be 
 Britain," or of any other Act of the Imperial Parliament in amend- |™he™tobe 
 ment, alteration or extension thereof: to which offence the punishment o™''"^^'''' 
 of penal servitude shall or maybe annexed by any Act of the Imperial servitude 
 Parliament now or hereafter to be passed, — it shall and maybe lawful 
 
 for the Court in these Islands taking cognizance of the offence, to sen- 
 tence such Offender either to be transported according to the pro- 
 visions of the Act or Acts of the Imperial Parliament applying to his 
 offence, or instead thereof, to sentence such Offender to be detained 
 and kept in penal servitude at any Establishment in these Islands for 
 Convicts transported or brought to these Islands, from the United 
 Kingdom, for any Term or period of time for which such Offender 
 might have been sentenced by virtue of any Act of the Imperial Par- 
 liament to penal servitude for such offence, if the same had been com- 
 mitted in Great Britain or Ireland : such additional Term of penal ser- 
 vitude to commence from and after the determination of the Term to 
 which he might have been previously sentenced or subject — and that 
 such Offender so sentenced to such additional Term of penal servitude 
 shall, at any such Convict Establishment in these Islands, be con- 
 sidered, dealt with and treated in every respect whatsoever, in the 
 same manner to all intents and purposes as when in custody or at such 
 Establishment by virtue or in consequence of any former sentence or 
 order for penal servitude under which such offender was brought or 
 transported to these Islands. 
 
 II. And be it, &c., That this Act shall not be deemed to repeal the Not to 
 said Act of the Legislature passed in the Year One Thousand, Eight o^imt^"' 
 Hundred and Forty-Seven. 
 
 1858. No. 14. 
 
 AN ACT Regulating the, Weight and Sale of Bread. 
 
 [22 September, 1858.] 
 
 WHEKEAS it is the practice of Bakers in these Islands to sell Preamble. 
 Bread by the Loaf, and it would be of advantage to the public if such 
 Loaves were of fixed and uniform weight : 
 
 I. "We, therefore, &c., and be it enacted, &c., that from and after 
 the commencement of this Act it shall not be lawful for any person or fo'wby"''^ 
 persons to sell, barter, or dispose of any Bread (except as hereinafter J^^j^^^'^^"^ 
 provided) otherwise than by avoir-du-pois weight, — and in loaves of certain 
 the four several weights hereinafter mentioned, (that is to say) of not Spei"" 
 less than half a pound ; not less than one pound ; not less than two 
 pounds ; and not less than four pounds, respectively, and each loaf of 
 Bread shall have legibly stamped or impressed thereon, in Koman Cap- 
 
674 
 
 BERMUDA ACTS. 
 
 [18S8> 
 
 ital letters of not less than one inch and a half in length, the Initmls 
 of the manufacturer's name or firm, and the weight of the Bread in 
 figures I, 1, 2 or 4 according to the weight thereof. 
 
 II. Provided always, and be it, &c., that the prescriptions of this 
 Act shall not apply to Biscuit or Bread imported from abroad, nor to 
 any description of Biscuit whatever, nor to any parcels of Bread 
 usually designated Eolls, each being of the weight of less than one- 
 foui-th of a pound ; nor to any Bread made or supplied for the use of 
 Her Majesty's Land forces, or for the use of any of the Departments 
 of Her Majesty's Naval Service, or of the Convict Establishment at 
 these Islands. 
 
 HI. And be it, &c., that it shall be the duty of every Baker or 
 dealer in Bread to provide and keep in his or her Bakery, Store, Shop, 
 Stand or Vehicle for the Sale or delivery of Bread, proper and correct 
 Scales and Weights, and to weigh all Bread sold by him or her in the 
 presence of the purchaser on delivery thereof, when required so to do 
 by such purchaser. 
 
 lY. And be it, &c., that every person who shall offend against 
 any prescription of this Act, upon conviction thereof shall forfeit 
 and pay for each and every offence a penalty of not less than five 
 shillings and not more than twenty shillings, together with costs of 
 prosecution. 
 
 Constable or ^- -^^^ ^®^*' *^^-' ^^^^ ^* ^^^^^ ^° lawful for any Churchwarden 
 
 Church-War- or Constable in these Islands to weigh any Bread offered or exposed 
 
 we?gh and for Sale — and that any Bread offered and exposed for Sale in these 
 
 ^eize Bread, jg^ands, uot being of the weight required by this Act — or which shall 
 
 not be stamped or impressed as required by this Act, shall be forfeited, 
 
 and it shall be the duty of any Church Warden or Constable to seize 
 
 the same, and the same shall be sold and disposed of in such manner 
 
 as shall be directed by any Justice of the Peace, and the proceeds 
 
 thereof applied in aid of the Parish rates of the Parish where the 
 
 offence shall be committed. 
 
 Proviso, as 
 to Biscuit or 
 Bread im^ 
 ported from 
 abroad; and 
 Rolls, and 
 Bread, made 
 for Her 
 Majesty's 
 Service. 
 
 Sealers to 
 keep Scales 
 and weights 
 in Bakery, 
 
 Penalty on 
 Offenders. 
 
 Penalties 
 how recov- 
 erable and 
 applied. 
 
 YI. And be it, &c., that all fines forfeitures and penalties arising 
 under this Act may be sued for, enforced and recovered with Costs of 
 Suit, in a summary method, either as debts not exceeding Three Pounds 
 are recoverable, or according to the provisions of the Act.of the Legis- 
 lature, intituled, " An Act to facilitate summary proceedings before 
 Justices of the Peace," or in any other mode authorised by I^aw : And 
 that all fines and penalties recovered under this Act shall go and be 
 applied one half thereof to the Informer, and the other half thereof to 
 the Church Wardens of the Parish where the offence shall be committed, 
 in aid of the Parish rates. 
 
 YII. Provided always and be it, &c., that no person shall be con- 
 victed of any offence under this Act unless the complaint respecting 
 the same shall be made to a Justice of the Peace within eight days 
 after the offence shall have been committed. 
 
 SstfS ^III- And be it, &c., that the first five Sections of this Act, shaU, 
 L^^d?*' ^y "Jirection of the Secretary of the Colony, be published three times 
 
 Time of 
 prosecution 
 
1858.] BERMUDA ACTS. 675 
 
 in all the Newspapers published in these Islands as soon as con- 
 veniently may be after the passing of this Act, and the expense thereof 
 be, provided for like other contingent charges of Grovernment. 
 
 IX. And be it, &c., that this Act shall commence in operation duration. 
 on the first day of November now next ensuing, and shall continue in 
 force until and throughout the last day of December, which will be in 
 the Tear of Our Lord One Thousand Eight Hundred and Sixty. 
 
 [Continued to the end of 1865, by Act of 1859, No. 8.] 
 
 1858. No. 17. 
 
 AN ACT to amend an Act intituled " An Aot to continue the Act 
 to maintain a Light House, and certain other Acts m amendment 
 thereof." 
 • [5 October, 1858.] 
 
 WHEEEAS the Act intituled " An Act to continue the Act to Preamble. 
 maintain a Light House, and certain other Acts in amendment there- 
 of" which passed the Legislature of these Islands during its last Ses- 
 sion in the Tear of our Lord One Thousand, Eight Hundred and 
 Fifty-Seven, makes no provision for such Steam Ships as may, from 
 time to time be calling at these Islands with the object of replenish- 
 ing their Stock of Coal — And Whereas it is deemed expedient that 
 Steam Ships, under such circumstances, should be placed on the same 
 footing as Steam Packets carrying Her Majesty's Mails, as provided 
 for in the said Act referred to : 
 
 I. We, therefore, &c., and be it enacted, &c., that for all Steam '^<'^^ o° . 
 Ships coming to or arriving at these Islands for the purpose of pro- a'rirtnl'^''^ 
 curing a supply of Coal, instead of the toll of four pence per Ton as pSposrof ^ 
 heretofore imposed, there be levied and collected by the Eeceiver g™""™^ 
 General or Assistant Eeceiver General, as follows, that is to say : for 
 every such Steam Ship exceeding Six hundred Tons, the sum of Three 
 Pounds ; and for every such Steam Ship not exceeding Six hundred 
 Tons, the Sum of One Pound, Four Shillings, for each and every time 
 of her arrival at any Port or Place in these Islands for the purpose 
 aforesaid. 
 
 n. And be it, &c., that this Act shall be and continue in force. Duration. 
 until and throughout the Thirty-First day of December, which will 
 be in the Tear of our Lord, One Thousand, Eight Hundred and Sixty- 
 Eight. 
 
676 
 
 BERMUDA ACTS, 
 
 [1859. 
 
 1859. No. 3. 
 
 AN ACT to amend and contmue the Act for enoowragmg a General 
 
 Yaocination. 
 
 [8 June, 1859.] 
 
 Preamble. 
 
 WHEREAS the Act of the Legislature of these Islands intituled 
 " An Act to consolidate and amend the Acts for Encouraging a Gen- 
 eral Vaccination of the Inhabitants of these Islands " — was passed in 
 the Tear One Thousand Eight Hundred and Fifty-Seven,for a lim- 
 ited period of time, which is about to expire, and it is expedient to 
 continue the said Act for a further period of time, with the amend- 
 ment hereinafter expressed. 
 
 I. We, therefore, &c., and be it enacted, &c., that the said Act,. 
 
 the title whereof is above recited, be, and the same hereby is contin- 
 
 force with the Amendment hereinafter expressed until and 
 
 m 
 
 Act of 1857 
 continued 
 with amend- 
 ment, to end ued 
 
 througliout the last Day of December, which will be in the Year of 
 our Lord, One Thousand, Eight Hundred and Seventy. ^ 
 
 In future Re- 11- And whcrcas the said Act passed in the Tear One Thousand, 
 
 by™ur"eons, Eight Hundred and Fifty-Seven, requires the ages of the persons 
 
 *°nt*^b' ' "V^a-ccinated under the said Act to be mentioned in the Returns made 
 
 inserted for by the Surgcons or other persons engaged by the Vestries to Vaccin- 
 
 ages''^f'pa- ate the Parishioners ; but in the Schedule or form of Return annexed 
 
 tients. ^Q ^Q gai(j ^Q^; jjQ Column has been inserted for expressing such ages ; 
 
 Be it enacted, that in future a Column shall be inserted in every such 
 
 Return for the ages of the Patients ; and in such Column the age of 
 
 each Patient shall be expressed as nearly as the same can readily be 
 
 ascertained ; when the Patient is aged One Tear or upwards, in 
 
 Tears, or in Tears and Months ; and when the Patient is aged less 
 
 than One Tear, in Months. 
 
 1859. No. 4. 
 
 AN ACT to Continue and amend the Act intituled " An Act to Pre- 
 vent the Destruction of Cedar TreesP 
 
 [lY June, 1859.] 
 
 Preatoble. 
 
 Act of 1881 
 continued. 
 
 WHEREAS the Act intituled " An Act to Prevent the Destruc- 
 tion of Cedar Trees " — was passed by the Legislature of these Islands 
 in the Tear of our Lord One Thousand, Eight Hundred and Thirty- 
 One, for a limited period of time, and since then has been continued 
 for a further period, with the Amendment hereinafter expressed, audit 
 is expedient to Continue the same for a further period, with the said 
 Amendment. 
 
 I. We, therefore, &c., and be it enacted, &c., that the said Act, 
 the title whereof is above recited, be, and the same hereby is contin- 
 ued in force during the continuance of this present Act. 
 
1859.] BERMUDA ACTS. 677 
 
 II. And be it enacted and declared, that it shall be the duty of cutyofCon- 
 every Constable in these Islands to enforce and carry into effect the enforce that 
 said Kct— provided always, t^t Individuals other than Constables ^°'- . 
 shall continue to have the samyright and power of carrying the said 
 
 Act into effect as they had before this addition was made to the said 
 Act. 
 
 III. And be it, &c., that this present Act shall be and Continue duration. 
 in force until and throughout the last day of December, in the Year 
 
 of our Lord, One Thousand, Eight Hundred and Seventy. 
 
 1859. No. 6. 
 
 AN ACT to amend the Act intituled " An Act to authorize Special 
 Sessions of the Court of General Assize." 
 
 [21 June, 1889.] 
 
 "WHEEEAS the Act intituled " An Act to authorize Special Ses- preamble, 
 sions of the Court of General Assize " — was passed by the Legislature 
 in the Tear One Thousand, Eight Hundred and Thirty-Two, for a 
 limited period of time, and being found useful the duration thereof 
 was made indefinite by An Act passed in the Year One Thousand, 
 Eight Hundred and Thirty-Seven, and it is expedient to amend the 
 same as hereinafter expressed : 
 
 I. We, therefore, &c., and be it enacted, &c., that instead of the Jurors ^^^ 
 method thereby authorized for obtaining the attendance of Jurors at serve^atthe 
 any such Special Sessions in all cases hereafter of any such Special ^etofanT ' 
 Sessions the Jurors returned to serve at the Assizes next before such ^P^f^'^^^J 
 Special Sessions shall be summoned and bound to attend and serve at Bummonea 
 such Special Sessions— and such Jurors and also the Constables attend- ^ attend** 
 ing such Special Sessions shall be considered in all respects upon the |'^*i/jfj°'''' 
 same footing as Jurors and Constables elected for or attending at the 
 ordinary Sessions of the said Court of General Assize. 
 
 1859. No. 9. 
 
 AN ACT to Repeal certain Enactments of the Legislature of these 
 
 Isla/nds. 
 
 [19 July, 1869.] 
 
 WHEEEAS the Enactments of the Legislature of these Islands preamble 
 hereinafter mentioned, by lapse of time and a change of circum- 
 stances, have become unsuited to the altered condition of the Colony, 
 —and although it is believed that the same have not been enforced 
 for many years past, it is expedient that the same should be repealed : 
 
678 
 
 BERMUDA ACTS, 
 
 [1859. 
 
 The Acts 
 passed — 
 
 In 1701, to 
 prohibit re- 
 tail of Bum, 
 
 In 1789, to 
 prevent 
 Nuisances, 
 &c. 
 
 And a Res- 
 olution 
 passed in 
 1766, for ap- 
 pointing 
 certain 
 . places for 
 Sale of 
 Meat, Poul- 
 try, Ac. ■ 
 
 Repealed. 
 
 I. "We, therefore, &c., and be it enacted, &c., that the several 
 Acts and enactments of the Legislature hereinafter mentioned — (that 
 is to saj :) IH 
 
 An Act passed in the Year One Thousand, Seven Hundred and 
 One, intituled " An Act to prohibit any from retailing Kum or Liquors 
 publickly, without Licence of the Justice of the Peace." 
 
 An Act passed in the Year One Thousand, Seven Hundred and 
 Thirty-nine, intituled " An Act to prevent 'Nuisances and to regulate 
 several Dissorders in these Islands." 
 
 A Resolution passed by the House of Assembly on the Twelfth 
 day of January, in the Year One thousand, Seven Hundred and Sixty- 
 Five, Concurred in by the Council on the same day — assented to by 
 the Governor on the same day — published on the Parade on the Thir- 
 teenth day of the same month — and registered in the Book of Laws 
 in the House of Assembly — for appointing certain specified places in 
 the Town of St. George, and in several of the Parishes in these Islands 
 ■ — for the sale of all kinds of Meat and Poultry, and certain specified 
 places in the Parish of Saint George for the Sale of Fish as therein 
 mentioned, and for imposing certain Penalties as therein expressed — 
 be, and the same hereby are, repealed. 
 
 1859. No. 11. 
 
 AN ACT to amend the Law relating to the Exammations of Wit- 
 nesses under Commissions and Orders of the Courts and Judges 
 of these Islands. 
 
 [26 July, 1889.] . 
 
 Preamble. 
 
 WHEREAS the Law in force in these Islands, relating to the 
 Orders and Commissions made and issued by the Courts or Judges of 
 the Courts of these Islands for the Examination of Witnesses in causes 
 pending in such Courts is in some cases productive of hardship and 
 requires amendment. 
 
 I. We, therefore, &c, and be it enacted, &c., that it shall be law- 
 ful for any and every person authorized to take the examination of 
 Witnesses by any Rule, Order, Writ or Commission made or issued 
 by any Court or any Judge or Judges of any Court in these Islands, 
 and he and they is and are hereby authorized and required to take 
 all such examinations upon the oaths of the Witnesses, or affirmation 
 in cases when affirmation is allowed by Law instead of oath, to be ad- 
 ministered by the person so authorized or by any Judge of the Court 
 wherein the action shall be depending. 
 
 Persons II. And bc it, &c., that it shall and may be lawful for any person 
 any mT, named in any such Rule, Order or Commission as aforesaid, for taking 
 ?or^"ktog' ^"7 ^^^^ examination in pursuance thereof, and they are hereby re- 
 such exami- quired toj make, if need be, a special report to the Court touching 
 
 Persons au- 
 thorized to 
 take exami- 
 nation of 
 Witnesses 
 by Order, 
 Rule, lea., 
 to take such 
 examina- 
 tions on 
 oath, or 
 affirmation. 
 
1859.] BERMUDA ACTS. 679 
 
 such examination, and the conduct or absence of any Witness or other nations, may 
 person thereon or relating thereto ; and the Court is hereby author- SafEepon. 
 ized to institute such proceeding's and make such order and orders ^**3f"v' 
 
 1 -rt I T. • T T..-I ™*y make 
 
 upon such Keport as Justice may require, and as may be instituted <"-aer 
 and made in any case of contempt of the Court. 
 
 III. And be it, &c., that the Costs of every Rule or Order here- costsofsuch 
 after to be made for the examination of "Witnesses under any Commis- to bi'Stf 
 sion or otherwise, by virtue of any Act now in force or hereafter to ™ the cause. 
 be in force within these Islands, and of all proceedings thereupon, 
 shall be Costs in the cause, unless otherwise directed by the Judge 
 making such Eule or Order, or by the Court before which the cause 
 may be tried. 
 
 lY. And be it, &c., that whenever any Eule or Order shall have witnesses 
 been made by any Court or Judge for the examination of any Witness b°*examm'e°d 
 within these Islands, before any person authorized to take such exam- 0^51™*" 
 ination, it shall be lawful for the party on whose behalf such Witness uabie'to 
 is intended to be examined, to have the like process for compelling procMs^"'^'' 
 and enforcing the attendance of such Witness, as in ordinary cases 
 such party would be entitled to for compelling the attendance of such 
 Witness in Court, and every Witness neglecting to attend in pursu- 
 ance of such process or of any Subpoena served on him requiring his 
 attendance before any such Person, shall be liable to the same Penalty 
 and subject to the same process as Witnesses are when neglecting to 
 obey the. ordinary process in such cases. 
 
 V. And be it, &c., that this Act shall , continue and be in force Duration. 
 until and throughout the last day of December which will be in the 
 Tear of Our Lord, One Thousand, Eight Hundred and Sixty-Two, 
 and then expire. 
 
 1859. No. 12. 
 
 AN ACT to amend the Act for attacking the Money, Goods, Chattels 
 and Debts of absent Debtors. 
 
 [26 July, 1869.] 
 
 WHEEEAS it is expedient to make the amendments hereinafter p^ambie. 
 contained to the Act intituled " An Act for attaching the Money, 
 Goods, Chattels and Debts of absent Debtors " — which was passed by 
 the Legislature of these Islands in the Year One Thousand Eight Hun- 
 dred and Forty-seven . ge,ti„„ i3 
 
 of Act of 
 
 I. We, therefore, &c., and be it enacted, &c., that the Thirteenth ifj,.^^"- 
 Section of the said Act passed in the Year One Thousand Eight Hun- ^j^J^^^'^e 
 dred and Forty-seven, be and the same hereby is repealed — and instead never ha°ii 
 thereof, belt enacted, that where the Defendant never hath been, or in Sr^ttMh- 
 case of several Co-Defendants where neither of the Defendants ever ^^™*/i^4^. 
 hath been within these Islands, no attachment Suit shall be maintain- awe.^^ 
 able under the said Act — and that where the money or effects of, or money &«., 
 86 
 
680 BERMUDA ACTS. [1859. 
 
 Bon'rtiau be I^^bts due to any person shall be attached under the said Act, and 
 who^han ^^^^ person shall have departed from these Islands within six Calendar 
 have dc- Months next before the Service of such attachment Writ, no Trial or 
 thSe&ian?8 Judgment shall be had in such Suit, until the expiration of six Oalen- 
 monttlbe- ^^^ Mouths after the departure of such person from these Islands, 
 foreserrice uulcss the Garnishee shall be about to depart from these Islands, and 
 triaitobe°° shall apply for a Special Court to be held as is mentioned in the said 
 expirauon -^ct. — And in that case, execution shall be stayed until the expiration 
 mtStho an- '^^ ^^^ Calendar Months after the departure of the Defendant from these 
 less Gar- Islauds — and Security shall be given by the Garnishee for the payment 
 abJuUD^ and delivery of any money or effects of the Defendant, at the expira- 
 Mand?^* tion of that time in such form and to such amount as the Court shall 
 Garnishee scc fit — and if such Garnishee shall fail to give such Security, execution 
 ^veieca- may issue immediately upon such Judgment being obtained at such. 
 STn^i^f: Special Court. 
 
 diate execu- 
 
 isBue. II. And whereas provision is made in the said Act for the release 
 
 .# upon Bail of any Ship or Vessel attached under the said Act — and it 
 
 -techedon ^^ expedient in certain cases to allow Goods and Chattels laden on 
 
 board any board of Ships or Vessels also to be released on Bail — be it enacted, 
 
 to'depart™ that if any Goods or Chattels shall hereafter be attached while laden 
 
 Si^ds'may ou board of any Ship or Vessel, which shall be about to depart 
 
 u^onse*curi- shortly from these Islands, — ^it shall be lawful for the Chief Justice or 
 
 ty. any Assistant Justice of the Court of General Assize, if he shall think 
 
 fit so to do, to release such Goods and Chattels so laden, upon good 
 
 Security being given for payment of the value thereof, or of so much 
 
 of the value thereof to the Plaintiff as shall be sufficient to satisfy 
 
 any Writ of Execution which shall be issued in the said attachment 
 
 Suit— And such value shall be ascertained in a summary manner by 
 
 appraisement or otherwise as such Chief or Assistant Justice shall 
 
 order — And such Security hereafter to be given for the payment of 
 
 the value either of any such Ship or Vessel, or any such Goods or 
 
 Chattels laden as aforesaid, may be given by Bond to the Provost 
 
 Marshal General or other Officer of the Court as such Chief or Assistant 
 
 Justice shall order. 
 
 Not to affect ^^- ^^^ ]^® ^*' '^'^•' *^^* nothing in this Act contained shall apply 
 Suits pend- to, or affcct in any way, any Suit commenced before the passing of 
 "^- this Act. 
 
 1859. No. 15. 
 
 f 
 
 AN ACT to continue o/nd amend the Acts relating to Post Offices. 
 
 [2 September, 1859.] 
 
 Preamble, WHEEEAS the Act intituled " An Act relating to Post Offices" 
 
 was passed by the Legislature of these Islands in the Year of our Lord 
 One Thousand, Eight Hundred and Forty-Six, for a limited period of 
 
1859.] BERMUDA ACTS. 681 
 
 time, and was amended and continued in force for a further period by 
 the Act passed in the Year One Thousand, Eight Hundred and Forty- 
 Eight, intituled " An Act. to continue and amend the Act relating to 
 Post Offices," and the Act intituled "An Act in furtherance of 
 arrangements for establishing uniform rates of Postage between Great 
 Britain and the Colonies," was passed in the Year One Thousand, 
 Eight Hundred and Fifty-Three, for a limited period of time ; and the 
 said Acts were further continued and amended by the Act passed in 
 the Year One Thousand, Eight Hundred and Fifty-Four, intituled 
 " An Act to continue and amend the Acts relating to Post Offices," 
 and the said last mentioned Act was amended by the Act passed in 
 the Year One Thousand, Eight Hundred and Fifty-Seven, intituled 
 " An Act in addition to the Acts relating to Post Offices," and the 
 said Acts, or some of them, were further amended by the Act passed 
 by the Legislature aforesaid in the Year One Thousand, Eight Hundred 
 and Fifty-Eight, intituled " An Act further to amend the Acts relating 
 to Post Offices ;" and whereas it is expedient that the said Act passed 
 in the Year One Thousand, Eight Hundred and Forty-Six, should be 
 continued in force for a further period, with the amendments herein- 
 after contained ; and that the provisions contained in the said five other 
 Acts (the titles whereof are above recited,) or such of the provisions 
 therein contained as it is intended to continue in force, should be con- 
 solidated into one Act, and for this piirpose that the five last mentioned 
 Acts should be repealed : 
 
 I. "We, therefore, &e., and be it enacted, &c.. That the said five ^^*i "/gJI**' 
 several Acts, respectively passed in the Years, One Thousand, Eight issV, ana' 
 Hundred and Forty-Eight, One Thousand, Ei^ht Hundred and Fifty- JtS^Sr 
 Three, One Thousand, Eight Hundred and Fifty-Four, One Thousand, 
 Eight Hundred and Fifty-Seven, and One Thousand, Eight Hundred 
 and Fifty-Eight, the titles whereof are above recited, be, and the same 
 hereby are, repealed. 
 
 H. And be it, &c.. That the said Act passed in the Year One Actofi846 
 Thousand, Eight Hundred and Forty-Six, intituled " An Act relating tofor"^ 
 to Post Offices," be, and the same hereby is, continued in force, during mente"™''' 
 the continuance of this present Act, with the amendments hereinafter 
 contained. 
 
 HI. And whereas by direction of Your Majesty's Post Master Preamble. 
 General, and under the provisions of this Act, the Receiver General of 
 these Islands is authorized to receive into the Public Treasury a certain 
 portion of the Imperial Postage charged on Letters and Books trans- 
 mitted between the United Kingdom and these Islands, and it is 
 therefore deemed reasonable that the Salaries which have heretofore 
 been paid or in part defrayed by Your Majesty's Government to seve- 
 ral of the Post Masters of these Islands should, henceforth, be defrayed 
 from and out of the Public Treasury of these Islands, and it is expe- 
 dient to make some further provision relating to the appointment of GoTeinor to 
 the Post Masters and Assistant Post Masters of these Islands : Be it ^^^^y^°f 
 enacted, That there shall be appointed by His Excellency the Governor Aseistant 
 of these Islands (by and with the advice and consent of Her Majesty's te°B, who' 
 Council) two sufficient persons as Post Masters for these Islands, one llmtitfj" 
 at the Town of Hamilton and the other at the Town of St. George, who 
 
683 BERMUDA ACTS. [1859. 
 
 shall eacli give security to the Queen by Bond with two sufficient 
 Sureties in the penal Sum of Two Hundred Pounds for the due per- 
 formance of the duties of his Office, and also two sufficient persons as 
 Assistant Post Masters, one at Mangrove Bay and the other at Ireland 
 Island, who shall each give Security to the Queen by Bond with two 
 sufficient Sureties in the Penal Sum of One Hundred Pounds for the 
 Proviso, as due performance of the duties of his Office. Provided always, that 
 heretofore any persou heretofore appointed as Post Master or Assistant Post 
 appointed. ]y[g^g^gj, fxix^QX and by virtue of any former Act of the Legislature of 
 these Islands and holding such appointment at the time of the passing 
 of this present Act, shall be deemed and held to be a Post Master or 
 Assistant Post Master (as the case may be) under this present Act, 
 and invested with all the powers, authorities, privileges, and advan- 
 tages, responsibilities, and duties of such Post Master or Assistant 
 Post Master under this Act, or any other Act now in force in these 
 Islands or during the continuance of this Act, to be in force in these 
 Islands, without being again appointed under this Act, subject never- 
 theless to be removed from such appointment in like manner as any 
 Post Master or Assistant Post Master appointed under any former Act 
 of the Legislature of these Islands, may now be removed, and the 
 Securities given by such Post Masters and Assistant Post Masters 
 shall continue in force in like manner as if the same had been given 
 anew under this Act, subject nevertheless to be renewed and other 
 Sureties to be given under this Act instead thereof, if the said Post 
 Masters and Assistant Post Masters, and their Sureties, or any of 
 them, shall be desirous of so doing. 
 
 sectioni, of IV. And bc it, &c., that the first section of the said Act of the 
 repea'ie^d** Tear One Thousand Eight Hundred and Forty-six, relating to Post 
 Offices be, and the same hereby is, repealed. 
 
 Salaries to Y. And be it, &c., that from and after the passing of this Act 
 
 ferf^X there shall be paid and allowed to each of the Post Hasters and Assist- 
 
 pos?Mrs'- ant Post Masters, acting or to be appointed under this Act, Annual 
 
 '="• Salaries as follows, (that is to say) : 
 
 To the Post Master at Hamilton, a Salary of One Hundred 
 Pounds. 
 
 To the Post Master at St. George's, a Salary of One Hundred and 
 Fifty Pounds. 
 
 To the Assistant Post Master at Mangrove Bay, a Salary of 
 Twenty-five Pounds. 
 
 To the Assistant Post Master at Ireland Island, a Salary of 
 Twenty-five Pounds, 
 
 which several Salaries shall be in full discharge of all duties and ser- 
 vices rendered by the said Post Masters and Assistant Post Masters 
 for which such Post Masters and Assistant Post Masters have hereto- 
 fore been paid out of the Colonial Treasury in these Islands, or by 
 Tour Majesty's Post Master. General in London ; and shall be payable 
 quarterly, out of any unappropriated money in the Public Treasury by 
 the Eeeeiver General, up to and inclusive of the last days of March, 
 June, September, and December, respectively in every Tear, and pro- 
 
1859.] BERMUDA Acts. 68^ 
 
 portionably for any portion of a Quarter during which the duties of 
 their respective Offices shall have been performed,- on the production 
 of the usual warrants from the Governor or Officer administering the 
 Government of these Islands. 
 
 VI. And be it, &c., that the twenty-fourth section of the said Act „, ^ct'of ' 
 of the Tear One Thousand Eight Hundred and Forty-six " relating to i846,%e- 
 Post Offices," be, and the same hereby is, repealed. •"*'*''■ 
 
 VII. And be it, &c., that it shall be the duty of the Post Master Duty ot 
 
 at Hamilton to forward all Packet and Ship Letters and Papers re- and^suit-" 
 ceived by him, or at his Office, addressed to any person or persons at MaBt'ere''re- 
 any place between Mangrove Bay and Somerset Bridge to the Post lating to 
 Office at Mangrove Bay, and it shall be the duty of the Assistant Post sMp'iet^eM 
 Master at Mangrove Bay to receive all such Letters and Papers — and fo^aSrom 
 to deliver them to the person or persons to whom addressed, or to his Somereet. 
 or their agent in that behalf, upon payment in all cases of all Sea or 
 Packet Postage due thereon — and for all such Sea and Packet Postage 
 the Assistant Post Master at Mangrove Bay shall be accountable to 
 the Post Master at Hamilton at the end of every week ; and if the 
 same or any part thereof shall be in arrear for the space of five days, 
 the Post Master at Hamilton may sue for and recover all such Postage 
 so due and in an-ear, as debts not exceeding Three Pounds are by Law 
 made recoverable ; and it shall be the duty of the Assistant Post Master Postage how 
 at Mangrove Bay to receive into his Office and forward to and deliver "'*'=°™"'''^- 
 free of charge at the Office of the Post Master at Hamilton, for trans- 
 mission to the Post Office at St. George's, all Letters and Newspapers 
 that shall be brought to him for the purpose of being sent in or by any 
 Mail to be made up for transmission abroad by any Steam or other ' 
 Ship carrying Her Majesty's Mails — and it shall be the duty of the 
 Post Master at Hamilton to transmit all such letters and papers to the 
 Post Office at St. George's by the first Mail after receipt of the same at 
 such Post Office at Hamilton — and it shall be the duty of the Post 
 Master at St. George's to receive and forward all such letters and papers 
 in like manner and subject to the like regulations as letters received 
 from the Post Office at Hamilton are now forwarded by Vessels carry- 
 ing Her Majesty's Mails. 
 
 Vin. And be it, &c., that from and after the expiration of any f^^^l^^^^]^^ 
 Contract now subsisting for the conveyance of the daily Mails between imana 
 the Post Offices at Hamilton and St. George's or vice versa, the daily ?Jtoe"a?n" 
 expense or allowance for this service shall not exceed the Sum of Nine co^nJ'acts in 
 Shillings, in lieu of the Sum before provided for the same ; and from "ff^^^ 
 and after the expiration of any Contract now subsisting for the convey- to conform- 
 ance of the daily Mails between the Post Offices at MangroveBay and "ct'^fWe 
 Hamilton 2,-adivice versa, the daily expense or allowance for this service p°**ni.\jt 
 shall not exceed the Sum of Eight Shillings, in lieu of the sum before 
 provided for the same ; and the Contracts for any such service as 
 aforesaid, shall in all other respects be in conformity with the pro- 
 visions contained in the Act relating to Post Offices passed in the 
 Tear One Thousand Eight Hundred and Forty-six,— and in this present 
 Act. 
 
 IX. And be it, &c., that the Post Masters of these Islands are 
 hereby authorised and required from time to time to appoint (with 
 
684 
 
 BERMUDA ACTS, 
 
 [1859. 
 
 TwoEeceiT- the Sanction of the Governor) two Eeceiving Houses, one on the main 
 KaS"-" road at some convenient place near the boundaries of the Parishes of 
 thi°bo?d'ers Paget and Devonshire, and the other on the main road at some con- 
 of Pagefs venient place near the boundaries of the Parishes of Paget and War- 
 wick. 
 
 Parish. 
 
 Keepers of 
 Receiving 
 Houses to 
 deliver Let- 
 ters and Pa- 
 pers within 
 12 hours. 
 
 Penalty. 
 
 X. And be it, &c., that it shall be the duty of the Keeper of 
 every Eeceiving House to deliver or cause to be delivered, all such 
 letters and papers as he shall from time to time receive to the person 
 or persons to whom they shall be addressed, or at his, her or their 
 usual place of residence, within twelve hours after the receipt thereof, 
 and for every default in this respect the Keeper of the Eeceiving 
 House who shall so make default, shall forfeit ten shillings, to be re- 
 covered by the party+aggrieved. 
 
 No Postage XI. And bc it enacted and declared that from and after the passing 
 
 changed on of this Act uo chargc of Postage shall be made at any Post Office in 
 
 toTe''unr t^ese Islands upon any Newspaper addressed to any person in the 
 
 ted King- United Kingdom and posted in these Islands to be forwarded by 
 
 Packet or private Ship, but every such Newspaper shall be received 
 
 and forwarded by the respective Post Masters of these Islands for 
 
 transmission to the United Kingdom free from any rate or charge of 
 
 Postage thereon. 
 
 XII. And be it, &c., that in addition to the Daily Posts between 
 Hamilton and Saint George's established by the said Act passed in 
 One Thousand, Eight Hundred and Forty-Six, a Daily Post shall be 
 despatched from Saint George's to Hamilton on every Monday, 
 Wednesday, and Friday, at the hour of nine o'clock precisely in the 
 forenoon (except on the days excepted by that Act) ; and from Ham- 
 ilton to Saint George's on every Monday, Wednesday, and Friday, 
 in the afternoon at the same hour of despatching the Daily Mails in 
 the afternoon of other days in the week. And the said Daily Posts 
 hereby authorised shall be subject to the same regulations with regard 
 to the ferriage, and also for the carrying of Letters, Parcels and News- 
 papers, and the carrying of Passengers, as the Daily Posts between 
 Hamilton and Saint George's established by the said Act, passed in 
 One Thousand, Eight Hundred and Forty-six, are, or shall be, sub- 
 ject to— and the conveyance of Letters, Parcels, and Newspapers by 
 the Daily Posts hereby authorised, shall be contracted and paid for in 
 like manner as the conveyance of Letters, Newspapers and Parcels by 
 the said Daily Posts between Hamilton and Saint George's established 
 by the said jict passed in One Thousand, Eight Hundred and Forty- 
 six can, or may be, contracted or paid for under the provisions of that 
 Act. 
 
 Books to and XHI. And be it, &c., that Books may be despatched by Post 
 Bemudl from the Bermuda Library to other parts of the Colony, and from 
 g^freT '° other parts of th« Colony to the Bermuda Library, without the pay- 
 ment of any Postage for the conveyance thereof. 
 
 An addi- 
 tional Daily 
 Post be- 
 tween Ham- 
 ilton and St. 
 George's to 
 be des- 
 patched on 
 certain 
 days. 
 
 And to be 
 subject to 
 similar reg- 
 ulations as 
 the existing 
 Posts. J 
 
 Letters from XIV. And be it, &c., that in case of scnj Letters arriving at the 
 statStrtv- Post Office at Saint George's from any Port in the United States of 
 iug at Post America, at any time after nine o'clock in the morning and before one 
 
1859.] BERMUDA ACTS. 685 
 
 o'clock in the afternoon, whicli ought to be transmitted to the Post ^f^^ f ®*- 
 Office at Hamilton, it shall he the duty of the Post Master at St. between 9 
 George's, with as little delay as possible, to despatch a Messenger on p. S.', dee- 
 foot or on horseback with such Letters in a sealed bag, to be delivered H"mii'°n to 
 to the Post Master at Hamilton within three hours after the same Lave ^^/^^^b 
 been so despatched from St. George's, and upon the same being so special Mes- 
 delivered to the Post Master at Hamilton within the said three hours, °^''^"' 
 he shall pay to such Messenger Five Shillings : and the suras so paid 
 by the Post Master at Hamilton shall be refunded to him out of the 
 Public Treasury under the provisions of the Act " To provide for the 
 Quarterly Auditing and Payment of the Claims of certain Public 
 Creditors" — ^and in like manner, if any Letters shall ai'rive at the ^^^ j^ ^^^ 
 Post Office at Hamilton from any Port in the LTnited States of Amer- manner 
 ica between the aforesaid hours of nine and oife, which ought to be ton"to s™" " 
 transmitted to the Post Office at St. George's, it shall bo the duty of G'='"-e«'^- 
 the Post Master at Hamilton to despatch the same by a special Mes- 
 senger, in like manner as is hereinbefore provided with respect to 
 Letters to be despatched from St. George's — and the expense thereof pfowacd 
 shall be paid by and refunded to the Post Master in St. George's in *°''- 
 manner aforesaid. 
 
 XV. And be it, &c., that in case of any Vessel anchoring at or Letters from 
 near Mangrove Bay from any Port in the United States of America, Itates^n* 
 with Letters to be delivered at the Post Office at Hamilton, and the y^tafian^ 
 Master of such Vessel shall deliver such Letters to the Post Master at choring 
 Mangrove Bay, or to the Beveuue Officer boarding such Vessel, it giwe Bay, 
 shall be the duty of the Post Master at Mangrove Bay, or such Eev- fon,"^™"' 
 enue Officer, with as little delay as possible to despatch a Special ^°™^g'^[°^ 
 Messenger with such Letters in a sealed bag, to be delivered to the Messenger. 
 Post Master at Hamilton, with all practicable despatch ; and upon 
 
 the same being so delivered to the Post Master at Hamilton, he shall 
 pay to such Messenger Five Shillings, to be refunded to such Post 
 Master out of the Public Treasury, under the provisions of the Act 
 " to provide for the Quarterly Auditing and Payment of the Claims 
 of certain Public Creditors." 
 
 XVI. And whereas no provision has been made under the said a Beceiv- 
 Act passed in One Thousand, Eight Himdred and Forty-Six, for estab- bTap-"^'^ ° 
 lishing a Receiving House in the Parish of Devonshire, or on the Eoad Devonshire 
 along the South side of Harrington Sound, and it is therefore expedi- Parish and 
 ent to provide for the appointment 01 such iteceiving Houses — Be it soutii side 
 enacted, that the Post Masters are hereby authorised and required °l^so™i^ 
 from time to time to appoint (with the sanction of the Governor) a 
 Receiving House in the said Parish of Devonshire, and one on the 
 
 South side of Harrington Sound, for the receipt and transmission of 
 Inland Letters in like manner as Letters are to be received at and 
 transmitted from other Receiving Houses in these Islands ; and that 
 such Receiving House in Devonshire Parish shall be situated at some 
 convenient place on the main Road near the " Dock " in the said 
 Parish ; and such Receiving House on the South side of Harrington 
 Sound, shall be situated at some convenient place on the main Road travelled by 
 between Paynter Vale and Knapton Hill— and that the _ Keepers of uonafnaiiy 
 such Receiving Houses hereby contemplated shall respectively be en- P"''- 
 
686 
 
 BERMUDA ACTS. 
 
 [1859, 
 
 Post Mas- 
 ter at Ham- 
 ilton to for- 
 ward to the 
 Printer of 
 each News- 
 paper, 
 weekly lists 
 of Letters in 
 bis Office. 
 Remunera- 
 tion for pub- 
 lisliing the 
 same. 
 
 So much of 
 Sections 20 
 and 22 of 
 Actofl»46 
 as allows io- 
 land post- 
 age on let- 
 ters for the 
 United King- 
 dom, or 
 upon any 
 Book, &c., 
 arriving 
 here by 
 ship, re- 
 pealed. 
 
 Receiver 
 General 
 may receive 
 into Treas- 
 ury, money 
 under 
 arrange- 
 ments made 
 by the Post 
 Master Gen- 
 eral. 
 
 Expense of 
 daily Post, 
 between 
 Ireland 
 Island and 
 Hamilton 
 not to ex- 
 ceed £20. 
 
 All Mails ar- 
 riving at 
 these 
 Islands in 
 or to be for- 
 warded by 
 
 titled to a similar allowance out of the Public Treasury with, the 
 Keepers of other Keceiving Houses : and the Daily Post contemplated 
 by this Act to travel from St. George's to Hamilton on the morning 
 of every Monday, "Wednesday, and Friday, and to return from Ham- 
 ilton to St. George's on the afternoon of the same days, shall be bound 
 to travel the Koad along the South side of Harrington Sound and the 
 North Shore of Devonshire Parish, and to call at theEeceiving Houses 
 mentioned in this Section of this Act for the receipt and delivery of 
 Letters : but the other Daily Posts travelling between St. George's 
 and Hamilton shall not be required so to do. 
 
 XVn. And be it, &c., that it shall be the duty of the Post Mas- 
 ter at Hamilton, if required so to do, to forward to the Printer of each 
 of the Newspapers published in these Islands, once in eve^ week and 
 within three hours after being so requested, a list of the Letters then 
 remaining in his Post Office — and if such Printers shall publish in 
 their Newspapers the list so received by them within t-\yenly-four 
 hours after receiving the same, they shall be entitled to receive out of 
 the Public Treasury of these Islands the sum of Four Pounds, for each 
 and every year during which they shall publish the same. 
 
 XVIII. And be it, &c., that from and after the commencement of 
 this Act, so much of the Twentieth and Twenty-second Sections of the 
 said Act passed in the Year One Thousand, Eight Hundred and Forty- 
 Six, as allows any Inland Postage upon the transmission by Post, 
 from any one Post Office in these Islands to any other Post Office in 
 these Islands, of any Letter intended to be forwarded from these 
 Islands to any part of the United Kingdom of Great Britain and Ire- 
 land ; or as allows any inland postage upon any Book, Parliamentary 
 Paper, or Document, or any Magazine, Pamphlet, Review, or parcel 
 of Patterns arriving at these Islands by any Ship or Vessel, and passed 
 through any Post Office in these Islands — shall be and the same 
 hereby is repealed. 
 
 XIX. And be it, &c., that it shall be lawful for the Keceiver 
 General of these Islands to receive into the Public Treasury any Sum 
 or Sums of Money which may become payable into the said Treasury 
 under any arrangements which may be made or carried into opera- 
 tion by authority of Her Majesty's Post Master General, and that the 
 money so received into the Treasury of these Islands, shall be, to 
 Her Majesty, Her Heirs, and Successors for and towards the Public 
 Kevenue of these Islands, to be applied to and for such objects as 
 have already been, or may hereafter be by the Legislature, authorized 
 and directed. 
 
 XX. And be it, &c., that the expense of the Carriage of the Daily 
 Post between Ireland Island and Hamilton shall not exceed the sum 
 of Twenty Pounds per annum, instead of the sum of Ten Pounds per 
 annum mentioned in the said Act passed in the year One Thousand, 
 eight Hundred and Forty-six. 
 
 XXI. And be it, &c., that all Mails arriving at these Islands in, 
 or to be forwarded by any Steam, or other Ship carrying Her Majes- 
 ty's Mails, shall be forwarded in like manner as is provided by the 
 
1859.] BERMUDA ACTS. 687 
 
 said Act passed in the Year One Tiionsand, Eight Hundred and J°J'/J^p j, 
 Forty-Six, with respect to Mails arriving in, or to be forwarded by m. Mans, 
 any of Her Majesty's Packets or the Steam Ships of the Eoyal Mail w^rllTin 
 Steam Packet Company. ner STe- 
 
 quired by 
 
 XXII. And be it, &c., that it shall be lawful for the Post Mas- ic.'°"^*' 
 ters to extend the period for which the existing Contracts have been 
 made for the conveyance of the Mails and the Daily Post up to and ^"a^'SnT 
 throughout the last day of December in the Year One Thousand, th^pedod 
 Eight Hundred and Sixty-Two, if the Contractors and their Sureties inia'dMau 
 be willing to extend their said Contracts for that period ; and if any haTC^been 
 of the Contractors be not willing to extend their contracts to such "n'^^f^-, i'852'' 
 period, or it shall not be deemed expedient so to extend any existing if contract-' 
 Contract then for the Post Masters to advertize for and take new wiiung.'' ^'° 
 Contracts in the manner prescribed by the said Act, passed in the otherwise. 
 Year One Thousand, Eight Hundred and Eorty-Six— for the time ^ Idver&r 
 from the expiration of such existing Contract to the end of the said '»■■ "^ 
 last day of December in the Year One Thousand, Eight Hundred and HCTeaftei- 
 Sixty -Two ; and hereafter it shall be lawful for the Post Masters PostMalteis 
 respectively to make Contracts for the conveyance of the Mails and co^nt^cta^ 
 Daily Post in the manner prescribed by the said Act passed in the veylnceof" 
 Year One Thousand, Eight Hundred and Forty-Six, for terms of one, MaUa and 
 two, or three years, as may be deemed best for the Public by the for'me,°two 
 Governor and Council, all circumstances considered, instead of for yeaw!*'' 
 one Year only, as prescribed by the last mentioned Act. 
 
 XXHI. And be it, &c., that it shall be the duty of the Receivers Receivers 
 at the several Keceiving Houses mentioned in the said Act of One HoulesTtT^ 
 Thousand, Eight Hundred and Forty-Six, or in this present Act, to ^^^J\^ 
 deliver, or cause to be delivered, all such Letters and Papers as they tobedeiiy-' 
 may from time to time for this purpose receive, to the Person or Per- twelve' 
 sons to whom they shall be addressed, within the Parish in which any (g^egio.) 
 such Receiving House shall be situate, or at their usual place of resi- 
 dence, within twelve hours after such receipt, and that they each be 
 allowed an annual Sum of Five Pounds for such service — to be paid Receivers' 
 to them out of the Public Treasury, up to the thirty-first day of De- p^^- 
 cember in any year, during the continuance of this Act, on a Warrant 
 from the Covemor ; and for every default in this respect the Keeper penalty. 
 of the Receiving House, so making default, shall forfeit ten shillings — 
 to be recovered by the party aggrieved. PostMaster 
 
 at Mangrove 
 
 XXIY. And be it, &c., that it shall be the duty of the Assistant ^^me^ir" 
 Post Master at Mangrove Bay to place on the outside of his OflBce tis office 
 Door a list of all Letters remaining in his Office daily, for the infor- dauyiistof 
 mation of the Public. ^'"\"- 
 
 Post Master 
 at Hamilton 
 
 XXY. And be it, &c., that it shall be the duty of the Post Master |J^^™ p™- 
 at Hamilton to notify in writing to the Assistant Post Master at Man- n'ofify* 
 
 gove Bay, information of the day and hour all Mails are to close at at°Ma1Jgrove 
 amilton Post Office, when practicable. , fajand'"' 
 
 hour wllen 
 
 XXYI. And be it, &c., that each of the Post Masters at Hamilton f^^fl^'"'" 
 and St. George's, instead of publishing every week in each of the poat Masters 
 Newspapers published in these Islands a list of all Letters in their f„J^^"™ 
 
 87 
 
688 
 
 BERMUDA ACTS. 
 
 [1859. 
 
 6eorge*B in- 
 stead of pub- 
 lishing every 
 week in 
 each News- 
 paper a list 
 of Letters 
 remaining 
 in their Offi- 
 ces, — to pub- 
 lish the 
 same every 
 week in any 
 two or more 
 Newspapers. 
 Road pre- 
 scribed af- 
 ter the ex- 
 piration of 
 any present 
 Contract for 
 the alter- 
 nate daily 
 Mail be- 
 tween St. 
 George's 
 and Hamil- 
 ton. 
 
 Carriages 
 and horses 
 used for con- 
 veyance of 
 Mails to be 
 kept at all 
 times in 
 good order, 
 &c. 
 
 Penalty. 
 
 Publication 
 of this and 
 preceding 
 Section. 
 
 Eastern and 
 Western 
 Postal Dis- 
 tricts de- 
 fined. 
 
 Keepers of 
 Receiving 
 Houses to 
 receive and 
 forward by 
 first Mall 
 after receipt 
 thereof any 
 prepaid Let< 
 ter, Ac, 
 within the 
 District. 
 
 Offices respectively, as required by the said Act passed in the Year 
 One Thousand, Eight Hundred and Forty-Six, do and shall hereafter 
 publish the same every week in any two or more of the Newspapers 
 published in these Islands. 
 
 XXYII. And be it, &c., that from and after the expiration of any 
 Contract now subsisting for the conveyance of the Daily Mails, the 
 alternate Daily Mail between St. George's and Hamilton and vice 
 versa on Tuesday, Thursday, and Saturday, shall, both in going and 
 returning, be bound to travel the Eoad along the North Side of Har- 
 rington Sound (between the St. George's Ferry and the Flatts and vice 
 versa) and the main South (longitudinal) Road between the Flatts 
 and the Cross Eoad in Paget Parish, leading to Hamilton, (and vice 
 versa), and to call at each of the Eeceiving Houses on that line of 
 Road both in going and returning, for the receipt and delivery of 
 Letters, 
 
 XXVni. And be it declared and enacted, that all and each of 
 the Mail Cars and Carriages used for the conveyance of any of the 
 Mails shall at all times be kept in a good and serviceable state, and 
 condition for the safe and speedy transmission of the Mails, and con- 
 veyance of Passengers — and that the Horses employed to draw the 
 said Carriages shall at all times be in good order and condition for 
 such Service, and able to perform the work required of them, and the 
 Mail Cars, Carriages, Horses and Harness shall, at all times, be subject 
 to the inspection, and under the direction of the respective Post Mas- 
 ters, and if found to be in any respect defective or insufficient for the 
 Service of the Post Office, the Contractor whose Carriage or Horse 
 shall be found to be defective, shall, for every default, forfeit and pay 
 a Sum not less than Two Pounds nor more than Five Pounds, to be 
 recovered either by the Post Master, or by any person aggrieved, in 
 like manner as other Fines and Forfeitures are made recoverable by 
 the said Act passed in the Tear One Thousand, Eight Hundred and 
 Forty-Six, or any Act in amendment thereof. Provided alwa/i/s, that 
 any person claiming damages to an amount exceeding Five Pounds in 
 consequence of any insufficiency or defect of any Mail Car or Carriage, 
 or of any Horse employed to draw the same, may be at liberty to sue 
 for such damages, in the Court of General Assize. And this and the 
 next preceding Section of this present Act shall be put in a conspicu- 
 ous place in each of the Post Offices, and shall be published twice by 
 direction of the Post Master at Hamilton in each of the Newspapers 
 published in these Islands. 
 
 XXIX. And be it, &c., that for the purposes of this Act, the 
 Parishes of St, George, Hamilton, Smiths, and Devonshire, shall form 
 the Eastern District ; and the Parishes of Pembroke, Paget, Warwick, 
 Southampton, and Sandys, shall form the Western District. 
 
 XXX. And be it enacted and declared, that it shall be the duty 
 of the respective Keepers of the several Receiving Houses, to receive 
 and forward by the first Mail after receipt thereof, any pre-paid inland 
 Letter or Newspaper addressed to any person in any Parish within the 
 same District, to the Receiving House, situate in the Parish in which 
 such person shall reside, for delivery there. 
 
1859.] BERMUDA ACTS. 689 
 
 XXXI. And Whereas it is deemed expedient to provide an ad- Additional 
 ditional Receiving House for the Parish of Hamilton between the HomSto 
 Flatts Village and Bailey's Bay, be it enacted that the Post Masters ^l^l^^^ ^^. 
 are hereby authorized and required to appoint, with the sanction of tweenthe 
 the Governor, a Receiving House in the said Parish of Hamilton for Baiiey'a 
 the receipt and transmission of Inland Letters and Papers in like ^^^' 
 manner as Letters are to be received at and transmitted from other 
 Receiving Houses established in these Islands, and that such Receiving 
 House in Hamilton Parish shall be situated at some convenient place 
 
 near Burchal's Harbour, and that the Keeper of such Receiving House 
 shall be entitled to receive a similar allowance out of the Public 
 Treasury with the Keepers of other Receiving Houses. 
 
 XXXII. And whereas Tour Majesty's Post Master General has BooicPost 
 proposed the establishment of an Inter-Colonial Book Post between Nova scotia, 
 Nova Scotia, Newfoundland, and these Islands (the Packet conveyance f^n'J'and''" 
 being provided by Your Majestjr's Government) at the rates of Postage Bermuda. 
 and under the Regulations hereinafter mentioned, and it is deemed ex- 
 pedient to adopt the said proposal, and to establish such Book Post ; 
 
 Be it enacted, that from and after the passing of this Act, there shall 
 be and hereby is established in these Islands, a Book Post for the trans- 
 mission of Book Packets between the Colonies of Nova Scotia, New- 
 foundland and these Islands (the Packet Conveyance for Such Book 
 Post being provided by Your Majesty's Government) under rules and 
 regulations in all respects similar to those now in force for the Book 
 Post between the said Colonies and the United Kingdom — and that 
 the rates of Postage payable on Book Packets sent from Nova Scotia 
 or Newfoundland to these Islands and vice versa, shall be as follows 
 (that is to say) : — 
 
 £ s. d. 
 For a Book Packet not exceeding, Four Ounces (three 
 
 ^PT,pp\ 3 Ra'«s of 
 
 Ditto above Four Ounces, and not exceeding Eight ^e«- 
 
 Ounces (six pence) 6 
 
 Ditto above Eight Ounces and not exceeding One 
 
 Pound (one shilling) 10 
 
 Ditto above One Pound and not exceeding one and a 
 
 half pounds (one shilling and sixpence) 
 Ditto above One and a half Pounds, and not exceeding 
 
 two pounds, (two shillings) 
 
 and an additional rate of sixpence for each additional half pound or 
 fraction of half a pound weight of any such Book Package, and that 
 such postage shall be equally divided between the United Kingdom 
 (which provides the Packet Conveyance) and the receiving and des- 
 patching Colonies aforesaid (that is to say), one-third of such Book 
 Postage to each : and it shall be lawful for the Receiver General of 
 these Islands to receive into the Public Treasury, one-third part of the 
 Book Postage accruing upon Book Packets transmitted as aforesaid 
 between Nova Scotia, Newfoundland and these Islands — and the 
 moneys so received for such Book Postage shall be to her Majesty, 
 Her Heirs and Successors, for and towards the support of the Govern- 
 
 16 
 2 
 
690 
 
 BEEMUDA ACTS. 
 
 [1859. 
 
 Bermuda Hient of these Islands : and it shall be the duty of the respective Post 
 and ^Bs^'r Masters and Assistant Post Masters of these Islands to carry into effect 
 Masferfto ^hc reguktions respecting the said Book Post, which shall from time 
 carry same to time bc communicatcd to them by, or under the authority of. Your 
 
 Majesty's Post Master General. 
 
 Daily Posts 
 to and from 
 Hamilton 
 and St. 
 George's to 
 call at Re- 
 ceiving 
 HqP^s on 
 their line of 
 Koad. 
 
 Penalty. 
 
 Allowance 
 to Contract- 
 or for Daily 
 Post between 
 Hamilton 
 and Ireland 
 Island for 
 conveying 
 any English 
 Mail or Ship 
 Letters and 
 papers. 
 
 This Act 
 maybe 
 amended, 
 &c. 
 
 Duration. 
 
 XXXIII. And te it, &e., that it shall be the duty of the Daily 
 Posts both in going to and returning from Hamilton and St. George's, 
 to call at each and every of the Eeceiving Houses now established or 
 hereafter to be appointed under any Act relating to the Post Office, 
 situate on the line of Koad which such Posts respectively travel, 
 for the receipt and delivery of Letters and Papers— and for every 
 default in this respect, the Contractor for the Daily Post so making 
 default, shall forfeit and pay the sum of ten shillings, to be recov- 
 ered as other penalties not exceeding Forty Shillings are made 
 recoverable. 
 
 XXXIY. And whereas a Daily Post between Hamilton and Ire- 
 land Island has been provided for all Inland Letters and Papers, but 
 no provision has been made for the transmission of Packet and Ship 
 Letters and Papers from the Post Office at Hamilton to the Post Office 
 at Ireland Island and vice versa, by the Daily Mail between those 
 places, when it may be found necessary or convenient so to forward 
 them — 13e it enacted, that whenever the Post Master at Hamilton or 
 the Assistant Post Master at Ireland Island shall forward by the Daily 
 Post between Hamilton and Ireland Island any English Mail or Pack- 
 age of Ship Letters and Papers, there shall be paid and allowed to the 
 dontractor for the Daily Post between Hamilton and Ireland Island 
 upon each occasion of the delivery of such Mail or Package of Ship 
 Letters and Papers, the Sum of five shillings — to be paid by the Post 
 Master at Hamilton, and refunded to him under the provisions of the 
 Act "for the Quarterly payment of the Claims of certain Public 
 Creditors." 
 
 XXXY. And be it, &c., that this present Act may be amended 
 or repealed by any Act to be passed in the present Session. 
 
 XXXVI. And be it, &c., that this Act shall be and continue in 
 force until and throughout the last day of December, which wiU be in 
 the Year of Our Lord One Thousand Eight Hundred and Seventy- 
 
 1859. No. 18. 
 
 AN ACT to authorise an increase of the Salary of the Keeper of the 
 Gaol at the Town of Saint Oeorge. 
 
 [10 September, 1859.] 
 
 Preamble. 
 
 WHEEEAS the Act intituled " An Act in addition to the Act 
 for the regulation of the Public Gaols "—was passed by the Legisla- 
 ture of these Islands, in the Year of Ouy Lord One Thousand, Eight 
 
1859.] BERMUDAACTS. 691 
 
 Hundred and Thirty-Eight, for a limited period of time, and has since 
 been continued for further periods of time, and still is in force, where- 
 by Salaries are allowed to the Keepers of the Gaols and Matrons and 
 to the certain other persons therein named, and in consideration of 
 the faithful Services of Eobert Boggs, as Keeper of Her Majesty's 
 Graol at the Town of St. George, for a period of Eleven Years and 
 upwards, it is expedient to make some addition to his Salary as such 
 Keeper. 
 
 I. We, therefore, &c., and be it enacted, &c., that during the salary of the 
 continuance of this Act the Salary of the said Keeper of the Gaol of k/Ipm of 
 the Town of St. George, shall be Eighty-Five Pounds a Year, instead GaSTo'be' 
 of the annual sum of Sixty Pounds allowed by the said Act passed in gs5 per ann. 
 the Year of Our Lord One Thousand, Eight Hundred and Thirty- £60 m ° 
 Eight, which said Salary granted by this Act shall be paid to the said '°'°"' 
 Keeper of the Gaol of St. George, out of any unappropriated monies 
 in the Public Treasury of these Islands in four equal Quarterly pay- 
 ments during the continuance of this Act, the first of such payments 
 to be computed from the first day of September in this present Year, 
 and that a rateable proportion of such Quarterly allowance be paid 
 for any portion of a Quarter of a Year for which the duty of the said 
 Office may be performed, upon a Warrant from the Governor or Offi- 
 cer Administering the Government of these Islands, and upon pro- 
 ducing to the Eeceiver General of these Islands such a Certificate as suoh Keeper 
 is in that respect mentioned in the said Act, and that such Keeper is aSowed 
 not to be allowed or to receive any other perquisite or Emolument perquisites, 
 whatsoever or in any other way whatsoever for or in respect of his 
 duty and Office as Keeper of such Gaol. 
 
 n. And be it, &c., that this Act shall be and continue in force Duration, 
 until and throughout the last Day of December, which will be in the 
 Year of Our Lord, One Thousand, Eight Hundred and Sixty-Five, 
 and then to determine and expire. 
 
 1859. No. 20. 
 
 AN ACT to Consolidate the Laws relati/ng to Pov/nds and Stray 
 
 Cattle and Poultry. 
 
 [10 September, 1869.] 
 
 any 
 
 WHEEEAS it is Expedient that the Acts of the Legislature re- preamble, 
 lating to Pounds and to Stray Cattle and Poultry should be repealed, 
 and the enactments therein contained, with such alterations as are 
 deemed expedient, consolidated in one Act : 
 
 I. We, therefore, &c., and be it enacted, &c., that the Act of the 
 Legislature of these Islands, passed in the Year One Thousand, Seven Actsofuso. 
 Hundred and Eighty-Six, intituled " An Act to prevent damages from 
 the Straying of Cattle, and for the erection of Pounds in these Islands" 
 —and also the Act passed in the Year One Thousand, Ei^ht Hun- isos, 
 dred and Three, intituled " An Act to make certain additions and 
 
692 
 
 BERMUDA ACTS. [1859. 
 
 alterations to the Act intituled ' An Act to prevent damages from the 
 Straying of Cattle and for the erection of Pounds m these Islands 
 
 1846. —and also the Act passed in the Year One Thousand, Eight Hun- 
 
 dred and Forty-Six, intituled " An Act to continue and amend the 
 Act intituled An Act to make certain additions and alterations to the 
 Act intituled An Act to prevent damages from the Straying of Cattle 
 and for the erection of Pounds in these Islands "—and also the Act 
 
 1854. passed in the Tear One Thousand Eight Hundred and Fifty-Four, 
 
 intituled "An Act to continue the temporary Acts relating to Stray 
 
 Repealed. Cattle and Pounds "—be, and the same hereby are, repealed from and 
 
 p„^„ after the commencement of this present Kci.— Provided always, that 
 all Pounds erected, and Pound Keepers chosen before the commence- 
 ment of this Act, shall be continued during the respective periods for 
 which they were erected or chosen — and all trespasses and occurrences 
 happening before the commencement of this Act may be dealt with in 
 like manner as if this present Act had not been passed. 
 
 Parishioners II. And be it, &e., that the Parishioners of the several Parishes 
 InnSauy in thesc Islands be, and they are hereby declared to be respectively 
 Pound Keep- obliged aunually to choose one or more Pound Keepers, who shall be 
 '"' °' authorized and required to receive and impound in proper Pounds, to 
 be erected in such manner and at such place or places as shall by the 
 Yestry of such Parishes be fixed and agreed upon, all such Cattle as 
 shall be found Straying or doing damage, and that prior to the deliv- 
 ery of such Cattle to the owners thereof, they be necessitated to pay 
 to the Pound Keeper holding the same the following Sums of lawful 
 money — to wit : — 
 
 Rates of For every Horse, Mare, Gelding, Mule, Ass, Ox, Bull, Cow, 
 
 Poundage. Yearling or Hog— Two shillings. 
 
 And for every Goat, Sheep or Calf— One shilling. 
 
 pounda e to ^'^ ^^ ^7 ®^^^ Pound Keeper, at the expiration of each Year accounted 
 be™aia OTe? for and paid into the hands of the Church Wardens, and applied to 
 chSch-wai- the defraying the charges of the said Parishes respectively, first de- 
 dens. ducting thcreout one-fotirth part of such monies as a compensation to 
 
 the Pound Keeper for his trouble in the receipt and payment thereof. 
 
 Trespass IH- -^^d ^^ it, &c., that for every Horse, Mare, Gelding, Mule 
 
 catuTstrl ^'' -^^®' ^^^ Bull, Cow Or YearMng, Goat, Sheep, Calf or Ho^, 
 tag. which may Stray upon any lands not in the possession of the Propri- 
 
 etor or Keeper of such Animal so straying, such Proprietor or Keeper 
 shall for every such entry, trespass or intrusion, be liable to pay to 
 the Pound Keeper of the Parish where such trespass shall have been 
 committed, whether such Stray Animal be impounded or not, the 
 sum of One Shilling, which shall be over and above any special dam- 
 ages which such Stray Animal, whether impounded or not, shall be 
 proved to have committed ; and shall be by such Pound Keeper, at 
 the expiration of each year, accounted for and paid into the hands of 
 the Church Warden or Church Wardens of such Parish and applied 
 compensa- towards defraying the charges of such Parish — first deductingthere- 
 uontoPound out, oue-fourth part thereof as a compensation to the Pound Keeper 
 eeper. ^^^ j^.^ troublc iu receiving and paying such trespass money. 
 
1859.] BERMUDA ACTS. 693 
 
 rV. And be it, &c., tliat in case any JPound Keeper eliall be in- stray cattie 
 formed tbat any animal which shall be impounded has committed tatoe/untii 
 any special damage (over and above a simple entry or intrusion as ff^^ ^^t^". 
 aforesaid) such Pound Keeper shall be obliged to detain the same, until fled. ° 
 the quantum of such special damage shall be ascertained ; either in the 
 manner hereinafter prescribed, or by mutual consent of the parties, and 
 fully paid or satisfied with all costs which may have accrued. And 
 any Pound Keeper failing so to do, shall be liable himself to pay such 
 damage with incidental charges. 
 
 V. Provided always, and be it, &c., that it shall be lawful for or security 
 anjr Pound Keeper to deliver when applied to, any animal which shall *''"'°- 
 
 be impounded, to the Proprietor or Keeper thereof, upon sufficient 
 security being tendered and given to answer all such Damages, Costs 
 and Expenses as may attend any complaint for damage done by such 
 impounded animal. 
 
 VI. And be it, &c., that it shall and may be lawful for any person Trespassing 
 whose land shall be trespassed upon by any loose or Stray Cattle or tf u^S 
 animal to take up and carry or direct his or her Servant or Agent in andim- 
 this behalf to take up and carry such Cattle or animal so trespassing ''°™ 
 
 or doing damage, to the Pound of the Parish where the trespass or 
 damage shall be done : and for this purpose in ease of flight, to pur- 
 sue such Cattle or animal over the land of any person or persons 
 whomsoever, and that any person rescuing or attempting to rescue 
 any Cattle or animal so taken and about to be carried to the Pound Penalty tor 
 shall, upon conviction, pay Twenty Shillings to the party injured, '^«^™'"s- 
 to be recovered with Costs before any Justice of the Peace of these 
 Islands. 
 
 YII. And be it, &c., that in order to ascertain what special special dam- 
 damage any occupier of land may have sustained from any such afcertatoed 
 animal as aforesaid straying on such land (over and above a simple e?e*d"°°^ 
 entry or intrusion as aforesaid) it shall and may be lawful upon a com- 
 plaint made by any occupier so injured before any Justice of the Peace 
 residing in the Parish where such damage may be alleged to have been 
 committed, for such Justice (or in case of there being no such Justice 
 resident in that Parish, then for any neighbouring Justice) to issue a 
 Warrant directed to two respectable Householders or Parishioners in 
 such Parish, whom he may think fit, (who are hereby declared liable 
 to serve and act,) to enquire into the matter complained of, and within 
 a reasonable time to be stated in such warrant, to report to such Jus- 
 tice in writing (and that upon Oath if required by either party) vfcether 
 any special damage was committed or not ; and in case of there being 
 any, then the quantum thereof, to the best of their judgement : a copy 
 of which Report of the said Householders or Parishioners, the Justice 
 who issued such "Warrant shall (in case of any impoundment) within 
 four hours after receiving the same, forward to the Pound Keeper 
 having custody or charge of any animal so impounded ; with an 
 account or list (in the event of special damages being found) of all such 
 costs and expenses as shall have accrued upon such inquiry : and in 
 case there be no impoundment of any, or either of the animals which 
 may have so strayed, then the Justice of the Peace taking cognizance 
 of any such complaint, shall be impowered and authorized to enforce 
 
694 
 
 BERMUDA ACTS, 
 
 [1859. 
 
 payment and satisfaction for all special damage such Householders or 
 Parishioners may assess or find, with all costs and expenses which shall 
 or may have accrued upon such inquiry or complaint ; in like manner 
 as the payment of a Judgement for a Debt not exceeding Three Pounds 
 may be enforced, and the special damage, hereinbefore mentioned, 
 shall be construed to mean and embrace special damage of every nature, 
 both real and personal. 
 
 compiaia- YIII. And bc it, &c., that in case of any complaint which shall 
 
 coBts"fo/ui- ^e made as aforesaid by any occupier of land shall prove ill-founded, 
 founded the complainant or complainants shall be subiected to pay all the inci- 
 
 complaint. t . t '^ , i jy i ^ • ^ i 
 
 dental costs and expenses ot such complamt. 
 
 Or after ten- 
 der of suffi- 
 cient 
 amends. 
 
 IX. And be it, &c., that in case of any trespass or special damage 
 being committed as aforesaid, if the Owner or Keeper of any animal 
 whicli shall have so trespassed or committed special damage, shaU be 
 able to prove to the Justice issuing the Warrant as aforesaid, that 
 sufficient amends were tendered to the complainant, and the com- 
 plainant shall nevertheless proceed for a greater Sum than that so ten- 
 dered, but without effect, such complainant or complainants shall pay 
 
 all the costs 
 made. 
 
 and expenses accrued, subsequent to such tender being 
 
 Valuer's 
 fees. 
 
 Impounded 
 animal not 
 redeemed, 
 may be 
 sold. 
 
 Noproseou- X. Aud bc it, &c., that no prosecution under this Act for any 
 ^thin°eSht trespass or special damage as aforesaid, shall be allowed or sustained, 
 days, unless the complaint be made to the Justice within Eight days after 
 
 the right to or cause of such prosecution accrued. 
 
 XI. And be it, &c., that each Householder or Parishioner ap- 
 pointed as aforesaid, to inquire into the fact or quantnim of special 
 damage as aforesaid, shall be entitled to receive the Sum of Three Shil- 
 lings as a compensation for his trouble, which shall constitute a part 
 of the costs and expenses hereinbefore mentioned. 
 
 XII. And be it, &c., that in case any Animal impounded by vir- 
 tue of this Act shall not be redeemed within Eight days thereafter, it 
 shall be lawful for the Pound Keeper to Sell and dispose of the same 
 at public outcry (five days previous notice of the time and place of 
 such Sale being* publicly given) — and after defraying the damages, 
 poundage, and other incidental charges, to pay the Balance of the 
 proceeds of such Saje to the Owner of such Animal sold as afore- 
 said. 
 
 XIII. And be it, &c., that in case the Owner or Keeper of any 
 Animal impounded by virtue of this Act shall fail to bring and supply 
 to such Animal while so impounded, a sufficiency of fodder and water, 
 it shall be lawful for and the duty of the Pound Keeper to supply such 
 Animal so impounded with sufiicient fodder and water, and to charge 
 and receive for the same Six Pence for each and every day the Owner 
 or Keeper of such animal shall fail to supply such animal with a suf- 
 ficiency of fodder and water before the hour of ten in the forenoon of 
 such day. 
 
 XrV. And be it, &c., that if any person shall be found guilty 
 before any Justice of the Peace in these Islands, of cutting, untying or 
 
 Aild fed by 
 Owner, or 
 Pound 
 Keeper. 
 
1859.] BERMUDA ACTS. 695 
 
 otherwise turning loose, the rope, chain or other fastening by which f °°*"^ °° 
 any Horse or other Animal belonging to any other person shall be tied other per- 
 (except such animal shall be upon a public road, or tied or fastened so loose.*'*"'* ' 
 as its rope or fastening shall cross a public road, or shall be on Land 
 belonging to or in charge of the person so turning such animal loose, 
 or his or her Employer) with a view to let such Horse or other Animal 
 go astray ; such person so oifending shall forfeit and pay the sum of 
 Twenty Shillings to the party injured, with all other damages and ex- Kne.how 
 penses thereon ; to be- recovered with costs in like manner as Debts not ^^""''"^ 
 exceeding Three Pounds are recoverable. 
 
 XY. And whereas considerafele damage may be done by Goats, stray cat- 
 Sheep, Hogs,. and Poultry — and it is often times difl&cult if notimprac- ^^l^^^ ^f. 
 ticable to take or impound the same. Be it enacted, that if any Hog, ter warning, 
 Sheep, or Goat, or any Turkey, Goose, or Poultry of any kind, shall be kSued ana 
 permitted or suffered to run at large and do damage, and after warn- (^I^Aot of 
 ing given to the Owner or Possessor to keep the same up, he or she i^so, no. 4.) 
 shall neglect or refuse to comply with such requisition or warning — 
 then and in such case, it shall be lawful to and for the party injured 
 or aggrieved to kill or caused to be killed such Hog, Sheep, Goat, or 
 Poultry, and deliver the same to the Owner thereof, on the application 
 of such Owner, and such Owner making such satisfaction for the 
 damage sustained as two indifferent persons to be appointed by any 
 Justice of the Peace shall adjudge to be reasonable — and also that 
 notice shall be given to the Owner or Possessor by the person who 
 shall kill or cause to be killed any such Hog, Sheep, Goat, or Poultry, 
 within two hours after the killing of the same, under the penalty of for- 
 feiting such damages as two indifferent men to be appointed as afore- 
 said shall award and adjudge, and that in case after such notice given, 
 or left at the Dwelling House of such Owner or Possessor, he or she 
 do not come or send in a reasonable time for such Hog, Sheep, Goat, 
 or Poultry, and take the same away, it shall and may be lawful for 
 any Justice of the Peace to cause such Hog, Sheep, Goat, or Poultry, 
 to be valued by two persons to be appointed as aforesaid, and then 
 sold by a Constable — and the proceeds of such Sale (the charges of the 
 prosecution and Sale and the damage done by such Hog, Sheep, Goat, 
 or Poultry, being first deducted) to be paid to such O'jpner or Owners; 
 Always provided, that any warning given to the Owner or Possessor pi.„Ti,„. 
 as aforesaid of any such Hog, Sheep, Goat,, or Poultry, being permitted 
 or suffered to run at large and do damage, shall be considered valid 
 for and during the course of two Calendar Months next succeeding the 
 time of giving such notice, and no longer. 
 
 XYI. And be it, &c., that this Act shall commence in operation commence-^ 
 on the first day of October in this present Year. 
 
 [Amended and explained by of Act 1860, No. 4.] 
 
BERMUDA ACTS, 
 
 [1859. 
 
 1859. No. 21. 
 
 AN ACT to provide for the appointment of am, Assistant Colonial 
 
 Secretary. 
 
 [10 September, 1889.] 
 
 Preamble, 
 
 Governor to 
 
 appoint an 
 
 Assistant 
 
 Colonial 
 
 Secretary 
 
 of these 
 
 Islands. 
 
 Assistant 
 Secretary 
 to aid the 
 Colonial 
 Secretary 
 in,all the 
 ordinary 
 duties of bis 
 Office, 
 
 In case the 
 Colonial 
 Secretary 
 be pre- 
 vented by 
 illness or 
 other inca- 
 pacity from 
 discharging 
 his duties 
 the Assist- 
 ant Colonial 
 Secretary 
 authorized 
 to perform 
 such duties, 
 such Acts 
 to be as val- 
 id as if they 
 had been 
 performed 
 by the Col- 
 onial Secre- 
 tary him- 
 self. 
 
 Assistant 
 Secretary 
 authorized 
 (during ab- 
 sence from 
 his Office of 
 the Colonial 
 Secretary) 
 from illness, 
 &c,, to ad- 
 minister 
 oaths, &c. 
 Such Oaths, 
 &c,, to be of 
 like force 
 and effect 
 as if admin- 
 istered by 
 the Colo- 
 nial Secre- 
 tary. 
 
 WHEREAS it is deemed expedient to make provision for the ap- 
 pointment of an Assistant Colonial Secretary of these Islands : 
 
 I. We, therefore, &c., and b^it enacted, &c., that it shall be 
 lawful for the Governor of these Islands to appoint by Commission 
 under his hand, and the Great Seal of these Islands, some fit and 
 proper person, during pleasure, to aid and assist the Colonial Secre- 
 tary of these Islands for the time being, in transacting the ordinary 
 business of the Secretary's Office, at the Secretary's Office in the Town 
 of Hamilton, and the title of such person so to be appointed shall be 
 " Assistant Colonial Secretary." 
 
 II. And be it, &c., that the Assistant Colonial Secretary to be 
 appointed under this Act shall be, and he hereby is authorized and re- 
 quired to aid and assist the Colonial Secretary for the time being in 
 all the ordinary Office duties of the Secretary of these Islands at his 
 place of public business and under the direction of the Colonial Secre- 
 tary for the time being. 
 
 in. And be it, &c., that if the Colonial Secretary for the time 
 being, shall at any time during his actual residence in these Islands, 
 be prevented by illness or other incapacity from discharging the du- 
 ties of his said Office, it shall be lawful for the Assistant Colonial 
 Secretary to be appointed under this Act to do and perform, and he is 
 hereby authorized and required to do and perform all such acts, mat- 
 ters and things relating to the said Secretary's Office as by any Act or 
 Acts of the Legislature of these Islands, the Public or Colonial Secre- 
 tary of these Islands is authorised to do and perform, and all acts done 
 by or before such Assistant Colonial Secretary, during any such illness 
 or other incapacity of the Colonial Secretary for the time being, shall 
 be as valid and effectual to all intents and purposes as if done by or 
 before the Colonial Secretary himself. 
 
 IV. And be it, &c., that it shall be lawful for the Assistant Colo- 
 nial Secretary to be appointed under this Act at all times during the 
 absence from the Office of the Colonial Secretary from illness or other 
 incapacity, to administer Oaths, take Affidavits, and receive Solemn 
 Declarations (insuch cases as by any Acts of the Legislature of these 
 Islands for the time being in force, solemn declarations are allowed to 
 be taken in lieu of Oaths) in all cases in which the Colonial Secretary 
 is by an;^ such Acts authorized to administer Oaths, take Affidavits, 
 and receive such Solemn Declarations, and that Oaths, Affidavits, and 
 Declarations made before, or administered, or received by such Assist- 
 ant Colonial Secretary during such absence of the Colonial Secretary 
 from illness or other incapacity, shall be of the like force and effect as 
 if made before or administered or received by the Colonial Secretary. 
 
1859.] BERMUDA ACTS. 697 
 
 y. And be it, &c., that it shall be the duty of the Assistant Sec- o^" ■'"o™- 
 retary to be appointed under this Act, to keep open and attend the 
 Secretary's Office at the Town of Hamilton for the dispatch of the 
 business of the said Office from Ten o'clock in the forenoon until 
 Four o'clock in the afternoon on every day except Sunday, Christmas 
 Day, Good Friday, and the day for celebrating Her Majesty's Birth- 
 day. 
 
 VI. And be it, &c., that the said Assistant Colonial Secretary salary of 
 for the time being, shall be allowed fi'om and out of the Public Treas- s'ecrlta^. 
 ury of these Islands an annual Salary of One Hundred and Forty 
 Pounds, to be paid to him Quarterly, up to the last days of March, 
 June, September and December, in every year during the continuance 
 
 of this Act, and proportionally for any portion of a Quarter for which 
 such Assistant Colonial Secretary shall have performed his duty upon 
 a Warrant for such payment from the Governor. 
 
 VII. And be it, &c., that this Act may be altered or amended Act may be 
 by any Act to be passed in this present Session. 
 
 Vni. And be it, &c., that this Act shall be and continue in Duration. 
 force until and throudiout the last day of December, in the Tear 
 One Thousand, Eight Hundred and Sixty-three, and then to determine 
 and expire. 
 
 1859. No. 22. 
 
 AN ACT to provide afmiher Annual Allowomce to the Police Ma- 
 gistrates of the Towns of Hamilton and Saint George. 
 
 [20 September, 1869.] 
 
 "WHEEEAS by the Act of the Legislature of these Islands passed Preamble. 
 in the Tear One thousand, Eight Hundred and Forty-Four, intituled 1844. 
 " An Act for improving the Police in and near the Towns of Hamil- 
 ton and Saint George and for other purposes " — a Salary of Sixty 
 Pounds per annum was provided for each of the Police Magistrates of 
 the said Towns respectively to be appointed under the said Act, and 
 it is expedient to make some further allowance to the Honorable 
 Thomas Hall, and the Worshipful John Trott Fisher, the Police Mag- 
 istrates already appointed, and who have acted as such for a period of 
 Twenty-one years and upwards : — 
 
 I. We, therefore, &c., and be it enacted, &c., that during the salaries of 
 continuance of this Act, the Salary of each of the said Police Magis- Pouc^Mrg- 
 trates for the said Towns of Hamilton and Saint George respectively, 'l'^^^^^'" 
 shall be Mnety Pounds a year, instead of the annual Sum of Sixty f'^™ ^^"^^ 
 Pounds allowed by the said Act passed in the year One Thousand, annum. ' 
 Eight Hundred and Forty-Four, which said Salary granted by this 
 Act shall be paid to each of the said Police Magistrates by the Ee- 
 ceiver General, out of any unappropriated monies in the Public Trea- 
 sury of these Islands, in four equal Quarterly Payments up to and 
 
698 BEEMUDAACTS. [1860. 
 
 inclusive of the last days of March, June, September and December 
 in every year (during the continuance of this Act) upon a "Warrant 
 from the Grovernor : and that a rateable proportion of such Quarterly 
 allowance be paid for any portion of a Quarter of a Tear for which 
 the duty of the said Officers or either of them may be performed by 
 the said Police Magistrates or either of them, upon a Corresponding 
 Warrant. 
 
 These saia- II. And be it, &c., that the Salaries provided by this Act shall 
 
 comput'ed commence and be computed from the first day of July in this present 
 
 firat'of'jui y^^^ — ^^^ *^^^ ^^^ ^^^^^ ^^ ^^^ continue in force until and through- 
 
 1^9." '' out the last day of December which will be in the Year of our Lord, 
 
 Duration. Quc Thousaud, Eight Hundred and Sixty-Three. 
 
 1860. No. 1. 
 
 AN ACT to amend and continue indefinitely the Act intituled, 
 " An Act to prevent the cruel and improper Treatmient of Cat- 
 tle." 
 
 [23 June, I860.] 
 
 WHEREAS the Act intituled " An Act to prevent the Cruel and 
 improper Treatment of Cattle," was passed by the Legislature of these 
 Islands in the Year of Our Lord One Thousand Eight Hundred and 
 Forty-seven, and was continued for a further period of time, and 
 amended by An Act passed in the Year One Thousand Eight Hun- 
 dred and Fifty-one, and it is expedient to continue indefinitely the 
 said Act, whereof the title is above recited, with the amendment 
 made by the said Act, passed in the Year One Thousand Eight Hun- 
 dred and Fifty one, and hereinafter contained : 
 
 „. .„. -'-■ ^®' therefore. Your Majesty's most dutiful and Loyal Sub- 
 ^ammd- jects, the General Assembly of these Your Majjesty's Bermuda or 
 , con- Somers' Islands, do most humbly beseech Your Ma-jesty that it may 
 flSuriy."^'' t)e enacted, and be it enacted, by your Majesty's Giovernor, Council 
 and Assembly, and it is hereby enacted and ordained by the authority 
 of the same, that the said Act passed in the Year One Thousand 
 Eight Hundred and Forty-seven, the Title whereof is above recited, 
 be, and the same hereby is continued in force indefinitely with the 
 amendment hereinafter expressed. 
 
 toolr^^tato ■'-'■• .-^^^ ^^ ^*' ^^■■> ^^^^ ^* ^^^^^ ^® ^^^ ^^^J of t^^ several Con- 
 effect the stables in these Islands to use their endeavour to carry into effect the 
 Sr^f of Provisions of the Act the Title whereof is above recited. 
 
 1847. 
 
 Act of 184T 
 with 
 ment 
 1861, 
 
I860.] BERMUDA ACTS. 699 
 
 1860. No. 2. 
 
 AN ACT for Raising a Revenue for the 8up;port of the Gov&rnmmt 
 of these Her Majesty's Islomds, and to Appropriate certain Sums 
 to the Discharge of the Expenses of Oovernment as therein ex- 
 pressed. 
 
 [25 Jxme, I860.] 
 
 WHEKEAS it is requisite to adopt a Tariff of Imposts for providing preamble. 
 Annually a Supply for the Support of Tour Majesty's Government in 
 these Islands, and for Appropriating certain Sums to the discharge of 
 the Expenses of the same : — 
 
 I. We, therefore, &c., and be it enacted, &c.. That there shall be importpu- j 
 
 1169 on SD6C' 
 
 raised, levied, collected and paid the several Duties, as the same are med Goods, 
 respectively set forth in the Table of Duties, hereinafter contained, 
 upon Goods, Wares and Merchandise, imported and brought intothese 
 Islands, on, from, and after the First Day of July, in this present year, 
 until the Thirtieth Day of June inclusive, which will be in the Year 
 of Our Lord, One Thousand Eight Hundred and Sixty-one — the same 
 to be paid by the Importer or Consignee thereof to the Receiver Gen- 
 eral, or other Proper Officer of Revenue at the Office of the Public 
 Treasury in these Islands : 
 
 TABLE OF DUTIES. 
 
 Arrow-Root unmanu- ) Por each and every Hundred Pounds 
 /actured or tn the V ijV"eight thereof— Ten Shillings, £ 10 ^abie 
 raw state ) 
 
 , r, _, r-,^ 7 (On each and every Pound thereof — 
 
 Armv-Root Starch . | gi^ Pence 6 
 
 -riT. /. 7, 7 ■ 7 (A Duty of Twenty per Centum on 
 Wmeqf alnc^nds.. j the Talue thereof. 
 
 ArracTc 
 
 Alcohol 
 
 Brandy 
 
 Gin 
 
 Whishey 
 
 Shrvh 
 
 Peppermint Water 
 
 Cordials 
 
 Rvm The Gallon— Two Shillings 2 
 
 Malt Liquor 1 On each and every Hogshead 
 
 thereof,— Fifteen Shillings, 15 
 
 Cider When imported in Bottles, com- 
 
 , " monly called Quart Bottles, 
 
 '^'^^ for each and every Dozen 
 
 Perry J thereof — Nine Pence 9 
 
 The Gallon— Two Shillings and 
 ^ Sixpence 2 6 
 
700 
 
 BER^IUDA ACTS. 
 
 [1860. 
 
 Fractional 
 Quantities. 
 
 And on 
 other 
 &oods ad 
 valoremn. 
 
 Tobacco and Snuff of 
 all hinds 
 
 Cigars On each and every Thousand 
 
 Thereof— Eight Shillings £0 8 
 
 Or, at the option of the Irnporter 
 or Consignee, on every Pound 
 weight thereof, inclnding the 
 weight of the Packages — One 
 ShilHng, 10 
 
 ! (other than Cigars) — On every 
 Pound weight thereof — ^Two 
 Pence, 2 
 
 Oxen and Cows Four Shillings per head 4 
 
 And that in all cases where such Duties are 
 imposed according to any specific Quan- 
 tity, the same shall be deemed to apply 
 in the same proportion to any greater or 
 less quantity. 
 
 n. And be it, &c., that on, from, and after the said First Day of 
 July, until the said Thirtieth Day of June, inclusive, on all Goods 
 imported into these Islands, there be paid by the Importer or Con- 
 signee thereof to the Receiver General or other Proper Officer of the 
 Colonial Revenue, a duty at and after the rate of Two Pounds and 
 2i percent. Ten Shillings ou 6 vcry Hundred Pounds of the value thereof. Pro- 
 proTOo. vided ahoays, that such Goods as are, or shall be, subject to any other 
 duty under this Act, and such Goods as are specified and set forth in 
 the Table of Exemptions hereinafter contained, shall be exempted from 
 the Duty imposed by this Section of this Act. 
 
 Kxemp' 
 tions. 
 
 TABLE OF EXEMPTION'S. 
 
 Agricultural Implements.— FloughB, Harrows, Scarifiers, Rollers, 
 Seed Drillers, Corn Shellers, Corn Mills, Hay Forks, Hay 
 Rakes, Iron Rakes, Potatoe Forks, Weeding Hoes, Scythes, 
 Reaping Hooks, Chaff Cutters, Pruning Knives, Machinery 
 for the Manufacture of Arrow Root, Spades, Shovels, Spade 
 and Fork Handles. 
 
 Bullion. ^ 
 
 Boohs — ^not Re-prints of British Publications. 
 
 Com. 
 
 Coals. 
 
 Diamonds. 
 
 Fresh Fruit. 
 
 Ice. 
 
 Implements and Boats for Whalmg. 
 
 Man/wres. 
 
 Specimens of Nal/wral History. 
 
 Plants and Trees for Planting. 
 
 Provisions a/nd Stores of emery Description — for the use of Her 
 Majesty's Land and Sea Forces, or for Her Majesty's Estali- 
 lishnient for Convicts transported to these Islands, subject to 
 the condition hereinafter mentioned. 
 
I860.] BERMUDA ACTS. 701 
 
 Passengers Baggage, Apparel, and Professional Appa/ratus. 
 
 The Personal Household Effeots-^^i Inhabitants of these Islands 
 
 Dying Abroad not intended for Sale. 
 Shrubs. 
 
 Seeds for PlanUng. 
 Fresh Vegetables and Potatoes. 
 Empi/y Ba/rrels. 
 Ba/rleyfor Malting purposes. 
 Malt and Hops. 
 
 III. And be it, &c., That Provisions and Stores of every descrip- ProvWons 
 tion imported or supplied in these Islands for the use of Her Majesty's "Sro'" 
 Land and Sea Forces, or Her Majesty's Establishment for Convicts victBrta^b-"" 
 transported to these Islands, shall only be exempt from all Duties on 'jJ°J*f ^''" 
 the Importation thereof on complying with the conditions hereinafter 
 expressed, that is to say — The Governor, by and with the advice of on certain 
 the Council, shall make and establish such regulations as may be neces- °°° '""^^ 
 sary, for ascertaining that such Provisions and Stores as aforesaid, are 
 hona fde imported or supplied for the use of Her Majesty's Land or 
 Sea Forces, or of Her Majesty's Establishment for Convicts transported 
 to these Islands, — ^And such Exemption as aforesaid shall only be 
 allowed upon producing to the Receiver General or other proper 
 OfBcer, such proofs as shall from time to time be required by any such 
 Eegulations to be made by the Governor, by and with the advice 
 aforesaid — or, until such Eegulations shall be made by the Governor, 
 by and with the advice aforesaid, by producing to the Receiver Gene- 
 ral or other Proper Officer of the Colonial Revenue as aforesaid, such 
 and the like proofs that such Provisions and other Stores are hona fide 
 imported or supplied in these Islands for the use of Her Majesty's 
 Land and Sea Forces, or Convict Establishment, as were lately re- 
 quired by any Act of the Imperial Parliament to be produced to the 
 Proper Officer of Her Majesty's Customs to exempt Provisions and 
 Stores so imported or supplied in these Islands from the Duties to 
 which they would otherwise have been chargeable under any Act of 
 the Imperial Parliament. 
 
 Goods in 
 
 IV. And be it, &c., That aU Goods remaining in the Bonded Warehouses 
 "Warehouse on the First Day of July in this present Tear, shall be sub- je^t t„°^u. 
 jeet to the Duties imposed by this Act; instead of the Duties imposed 'j^^^^^^F^ 
 by any Act of the Imperial Parliament, or any former Act of the stead of 
 Legislature of these Islands. ueT" ""' 
 
 V. And Whereas under the Act of the Legislature of these Islands no Goods 
 intituled " An Act to Provide for the Collection of the Revenue"— ^°^\^*J^; 
 Goods are allowed to be Warehoused without payment of Duty thereon '^«^=^J^*i«^^ 
 on the first Entry thereof — Be it enacted, That no Goods shall be al- £50? m-° 
 lowed to be so Warehoused, unless the Duties upon such Goods im- Export" 
 ported by the same Importer at the same time in the same Ship shall ti""' 
 amount to Five Pounds, at the least, or unless such Goods be intended 
 
 for another Market and shall be entered here for Exportation. 
 
 VI. And Whereas it is expedient to prevent Goods being taken 
 out of the Warehouse in inconveniently small quantities — Be it en- 
 
702 
 
 BERMUDA ACTS. 
 
 [1860. 
 
 No CrOOdB 
 
 to be taken 
 
 acted, That no person shall be allowed to take out of the Warehouse 
 i^tVwar". any Goods at any one time on which the Duties shall be less than 
 Two Pounds, unless such Goods shall be the whole of the same 
 description of Goods then held in the "Warehouse by such Person, or 
 unless such Goods shall be taken out of the Warehouse for Exportation 
 under the Regulations prescribed in the Act for the Collection of the 
 Revenue. 
 
 house, un- 
 less Duties 
 amount to 
 £2, 4c. 
 
 Duty on 
 Goods sold 
 at Auction. 
 
 2J per cent. 
 Exceptions. 
 
 Auctioneers 
 to give Secu- 
 rity. 
 
 VII. And be it, &c., That on, from, and after the said First Day 
 of July, until the said Thirtieth Day of June, inclusive, there be on all 
 Personal Property sold by Auction or by Auctioneers on Commission 
 in their capacity as Auctioneers, within these Islands, a Duty at and 
 after the rate of Two Pounds and Ten Shillings on every Hundred 
 Pounds of the amount of Sales ; Property sold by Execution for Debt 
 or belonging to Estates of Deceased Persons only excepted ; and that 
 every Person who shall, during the continuance of this Act, enter 
 on the Sale of any Property subject to the aforesaid Duty, shall 
 previously thereto, give unto the Receiver General good and suf- 
 ficient Security, that he will comply with all the requisitions 
 of this Act, that he will make and subscribe a Declaration before the 
 said Receiver General or the Assistant Receiver General, of the 
 amount of all Sales made by him liable to duty. Quarterly, or within 
 Ten Days after the last days of March, June, September, and Decem- 
 ber, respectively ; and that the Duty imposed by this Act shall be 
 thereupon regmarly paid to the Receiver General, 'first deducting 
 Two-and-a-half per Centum on said Duty as a compensation to the 
 Auctioneer, for collecting and paying the same ; and that any Person 
 presuming to enter upon the Sale of any property, subject to the duty 
 hereby imposed, without having previously given Security as afore- 
 said, shall for every such offence forfeit and pay the sum of Twenty- 
 five Pounds, and shall also forfeit, and pay the full Value of such 
 property so sold, to be ascertained in any manner satisfactory to the 
 Court wherein such offence shall be cognizable ; and the Duty im- 
 posed by this Act shall be deemed to attach upon all Goods sold by 
 any Auctioneer at Auction Prices on the day of any Auction held by 
 him : and the said Receiver General is hereby authorized and re- 
 quired to demand an Account from any such Auctioneer, verified by 
 a Declaration made and subscribed by him before the said Receiver 
 General or Assistant Receiver General, of all property sold by him or 
 his Co-Partner or Co-Partners (if any) by Auction or on Commission 
 as Auctioneers, specifying the true dates and amounts of Sales, and 
 any Auctioneer refusing or wilfully making default to do what by 
 this Act is required, shall forfeit and pay for every such offence the 
 sum of Twenty-five Pounds over and above any Amount of Duties 
 payable by him. 
 
 Duties to be VILE. And bc it, &c.. That the Duties imposed by this Act, (except 
 to Iny other whcrc the Contrary is expressly enacted by this Act) shall be levied, 
 duties. taken and paid in addition to and over and above any other Duties 
 
 imposed by any other Act of the Legislature of these Islands, or any 
 
 Act of Parliament. 
 
 Penalty, 
 
 Duty to at- 
 tach upon 
 all Goods 
 sold by 
 Auctioneers, 
 at auction 
 prices, on 
 day of auc- 
 tion. 
 
 Account of 
 goods sold 
 by Auction. 
 
 Penalty. 
 
 IX. And be it, &c., That for the purpose of encouraging the 
 Trade of these Islands with other Countries, Parties exporting Goods 
 
I860.] B E R M U D A A C T S . 703 
 
 shall be entitled to the Drawback of such Duties as they may have Drawback 
 paid under this Act or under any former Act of the Legislature of ported!'" *" 
 these Islands imposing Duties on the importation of Goods into these 
 Islands on the said G-oods at the time of their Importation, upon every 
 such Exporter or his known Agent producing to the Receiver General 
 of these Islands, or other Proper Officer of the Kevenue, a Certificate 
 from the Principal Officer of Customs, the Treasurer or Keceiver Gen- 
 eral or other Revenue Officer of known Official authority at the Port 
 or Place whereto the Goods are exported of the Landing of such Goods. 
 Provided always, that every such Exporter shall give notice in Writ- proviso, 
 ing to the Receiver General of his intention to Export such Goods 
 and of the name of the Vessel by which the same are to be Exported ; 
 and also shall attach to such notice a declaration stating that the full 
 Duties on such Goods were paid at the time of the Importation there- 
 of, and the date of such Importation, together with the name of the 
 Vessel by which and the place whence such Goods were Imported. 
 Provided further that no such Drawback shall be allowed unless the Proviso. 
 Goods to be exported at any one time, by any one Exporter, shall be 
 of the value of not less than Twenty-Eive Pounds, and that the Draw- 
 back be claimed within One Tear after the payment of the Duties on 
 the said Goods. 
 
 X. And be it, &c., That the Receiver General be authorised and Table of du- 
 required immediatel}^ on the passing of this Act, to cause an authen- baokB/and 
 ticated Copy oY the Table of Duties imposed by this Act with the date BondMo^e 
 of the commencement of the same, including a notice to Auctioneers p*iishea. 
 of the approaching expiration of their respective bonds, and a Table 
 of any other Colonial Duties in force and Allowances of Drawback, to 
 be inserted two separate times in the several Newspapers within these 
 Islands. 
 
 XL And Whereas it is deemed expedient and conducive to the Eecr. Gem. 
 welfare of these Islands to satisfy the Public Creditors by an ample tataTniT/" 
 dischage of their just demands. Be it enacted that the Receiver Gen- «= Jjf,^^f° 
 eral be, and he hereby is authorized and required to pay out of the 
 Public Treasury to the following Persons, or to their legal Represent- 
 atives, as follows, — to wit 
 
 To William C. Trew, Constable, Three pounds — for £3 constable. 
 Boat Hire. 
 
 To the Honourable Henry J. Tucker, Ten pounds, £15 2 1 supplies to 
 five shillings, and five pence, William J. Barritt, Three GaS!"°° 
 
 pounds, six shillings, and eight pence, and William 
 Drenning, One pound, ten shillings — for supplies to the 
 Gaol at Hamilton. 
 
 To the Honourable Henry J. Tucker, Twelve £18 5 I^pp^^^^^ 
 pounds, three shillings and five pence, Robert Boggs, Gaoi. 
 
 Four Pounds, five shillings and six pence, and George 
 Wainwright, One Pound, eleven shillings and six pence 
 —for supplies to the Gaol at St. Georges. _ fjfdiel'at" 
 
 To John Swainson, Five pounds, and six shillings £5 6 st. Georges 
 — ^for Dieting sick Prisoners in the Gaol at St. Georges. ■ '^''°'; 
 
 . To Henry Hallet, Twenty-three pounds, twelve £29 Y 3 ?"*;'°e ' 
 shillings and five pence, The Honourable Llenry J. pairs, &c. 
 
 89 
 
704 
 
 BERMUDA ACTS. 
 
 [1860. 
 
 Keeping 
 Public 
 grounds in 
 order. 
 
 Lunatic 
 Hospital 
 Supplies. 
 
 Vaccina- 
 tions 
 
 Medical Evi- 
 dence. 
 
 Quarantine 
 Services; 
 
 Health Of- 
 ficers Fees. 
 
 Stationery, 
 Secty's. of- 
 fice, &c. 
 
 Drawing 
 Public Bill. 
 
 Doorkeeper 
 of Council. 
 
 Doorkeeper 
 of Assembly. 
 
 Crier of 
 Quarter 
 Sessions. 
 
 Assize Ser- 
 mons. 
 
 Binding 
 Laws, 
 
 Book-bind- 
 ing. 
 
 Secretary's 
 Pees. 
 
 Stationery 
 for Recr. 
 OeneraL 
 
 Tucker, One pound, fourteen shillings, and six pence, 
 John H. Jackson, Three pounds, four shillings, and four 
 pence, and George G. Beach, Sixteen shillings — ^for re- 
 pairs and necessaries to fhe Sessions House and Public 
 OflBces in Hamilton. 
 £12 To George G. Beach, Six pounds, and Samuel Joell, 
 
 Six pounds — for Keeping the Houses, and Grounds, 
 &c., of the Sessions House and Public Offices. 
 £36 11 2 To the Honble. Henry J. Tucker, Twenty-Two pounds, 
 one shilling, and ten pence — Eugenius A. Zuill, Eight 
 pounds, one shilling, and six pence — ^Eliza J. Nelmes, 
 Five pounds, nineteen shillings and ten pence, and 
 James Butterfield, eight shillings, for necessaries for the 
 Lunatic Hospital. 
 £11 To Dr. Thomas C. Higgs, Eleven pounds — for Vac- 
 cinations. 
 £3 18 To Dr. J. Coats, One pound, four shillings, and Dr. 
 William B. Peniston, Two pounds, fourteen shillings — 
 for Medical evidence. 
 £33 14 10 To John Peter Smith, Twenty-Three Pounds, Eight- 
 een shillings and six pence, Orville Cooper, Two pounds, 
 seven shillings and three pence, Thomas Goddard, Six 
 pounds nineteen shillings and seven pence, and Esau 
 Simmons, nine shillings and six pence — for Quarantine 
 Services. 
 £21 7 To Dr. Charles F. Edwards, One pound, four shil- 
 lings, and Dr. "William B. Peniston, Twenty Pounds and 
 three shillings — for fees as Health Officers. 
 
 To Donald McPhee Lee, Ninety-Eight Pounds, one 
 shilling, and Washington & Co., Fifty seven pounds, 
 nineteen shillings and eleven pence — for printing. 
 £116 6 To Donald McPhee Lee, One pound, sixteen shillings 
 and sixpence — for Stationery for the Secretary's Office 
 and the Gaol. 
 
 To Eichard D. Darrell, Three pounds and four shil- 
 lings for drawing a Public Bill. 
 
 To John Stephens, Doorkeeper of the Council, Sev- 
 enteen pounds, eight shillings. 
 
 To George G. Beach, Doorkeeper of the Assembly — 
 Twenty pounds, eight shillings. 
 
 To George G. Beach, Cryer of the Court of Quarter 
 Sessions, Two pounds. 
 
 To the Eeverend John B. Freer, Three Pounds and 
 four shillings — ^for Assize Sermons. 
 
 To the Hon'ble William B. Smith, late Eeceiver 
 General, Three pounds — cost of binding Laws, &c. 
 
 6 To Eobert Ward, Two Pounds Twelve Shillings and 
 six pence — for book binding. 
 
 To the Hon'ble Miles Gerald Keon, Twenty-eight 
 pounds seven shillings, for copies of Acts and official 
 documents supplied from the Secretary's Office. 
 £10 9 1 To the Hon'ble Thomas A. Darrell, Eeceiver Gene- 
 ral, Ten Pounds nine shillings and one penny — for Sta- 
 tionery, &c. 
 
 Printing. £155 Q J^J 
 
 £3 4 
 
 £17 8 
 
 £20 8 
 
 £2 .0 
 
 £3 4 
 
 £3 
 
 £2 12 
 
 £28 7 
 
I860.] BERMUDA ACTS. 705 
 
 To Thomas S. Tuzo, Clerk of the Council, Three £3 7 9 c'^tof 
 
 Pounds seven shillings and nine pence— for Stationery. Sonery.®'*' 
 
 To William H. Darrell, Clerk of the Assembly, Two £2 16 3 Assembly 
 
 Pounds sixteen shillings and three pence— for Sta- »«"• 
 tionery. 
 
 To Henry Hallet, Three Pounds fourteen shillings £3 14 8 ioCnment 
 
 and eight pence — ^for repairs to the Government House MoZtLanE- 
 
 at Mount Langton. ton. 
 
 To the Several Members of the Legislative Council, £128 Legtoiatiye 
 
 the sum of One hundred and twenty-eight pounds, for ''°™°"- 
 their attendance to the Twentieth day of June, One 
 Thousand, Eight Hundred and Sixty. 
 
 To the several Members of the Privy Council, the £71 12 PrivyCoun- 
 
 sum of Seventy-one Pounds, twelve shillings— for their ""• 
 attendance to the same period. 
 
 To the several Members of the General Assembly, £522 8 Assembly. 
 the sumof Five Hundred and Twenty-Two Pounds and 
 eight shillings — for their attendance to the same period. 
 
 Xn. And be it, &e., that all monies arising by virtue of this Fi^icf how 
 Act, whetherby Fine, Forfeiture, or otherwise, not hereinbefore other- ''^^^^^' 
 wise appropriated, be, to Her Majesty, Her Heirs, and Successors, for 
 and towards the Public Eevenue of these Islands, to be applied to and 
 for such objects, as have already been or may hereafter be by the 
 Legislature authorised and directed. 
 
 XIII. And be it, &c., that from and after the passing of this Act, salaries not 
 until the said thirtieth day of June, inclusive, there be paid out of the pfyaMef 
 Public Treasury at the expiration of every three months, to such per- o'„*rtl'ri * 
 sons within this Colony as have Salaries settled .on them by Law, the "^'^ " ^' 
 periods of payment of which are not otherwise fixed by Law, one 
 quarter of a year's Salary as the same shall become due to the said 
 persons respectively. 
 
 1860. No. 3. 
 
 A]Sr ACT to Continue and amend the Acts relating to the Pilotage. 
 
 [11 July, I860.] 
 
 Whereas the Act intituled " An Act for the better regulation preamble, 
 of the Pilotage," was passed by the Legislature of these Islands, in 
 the Year of our Lord, One Thousand Eight Hundred and Forty-three, 
 for a limited period of time, and the Act intituled " An Act to con- 
 tinue and amend the Act intituled, An Act for the better regulation 
 of the Pilotage," was passed by the Legislature aforesaid, in the year 
 One Thousand Eight Hundred and Forty-eight, for a limited period of 
 time, and the Act intituled, " An Act to continue and amend the Acts 
 for regulating the Pilotage," was passed by the Legislature aforesaid 
 in the Year One Thousand Eight Hundred and Fifty-four, for a lim- 
 ited period of time, and the Act intituled " An Act further to amend 
 
 I 
 
706 
 
 BERMUDA ACTS. 
 
 [1860. 
 
 Acta of 1848, 
 1848, 1864, 
 and 185T, 
 continued 
 in force 
 with amend- 
 ments. 
 
 Pilotage 
 Kates for 
 removing 
 Tessels from 
 one anclior- 
 age to 
 anottier. 
 
 Proviso. 
 
 Pilot sub- 
 ject to Pen- 
 alty, if lie 
 refuse to 
 take charge 
 of any Ves- 
 sel, when 
 not actually 
 engaged in 
 his capacity 
 of Pilot. 
 
 An Act for the better regulation of tte Pilotage," was passed by the 
 Legislature aforesaid, in the Year One Thousand Eight Hundred and 
 Fifty-seven, and was to be and continue in force during the continu- 
 ance of the said first mentioned Act. And whereas it is expedient to 
 continue the said Acts in force for a further period of time, with the 
 amendments hereinafter contained : 
 
 I. We, therefore, &c., and be it enacted, &c., that the said Acts 
 respectively passed in the Tears, One Thousand Eight Hundred and 
 Forty-three, One Thousand Eight Hundred and Forty- eight. One 
 Thousand Eight Hundred and Fifty-four, and One Thousand Eight 
 Hundred and Fifty-seven — the Titles whereof are above recited, be, 
 and the same hereby are continued in force during the continuance of 
 this present Act, with the amendments hereinafter contained. 
 
 n. And Whereas, by the Fifth Section of the said Act passed in 
 the Tear One Thousand Eight Hundred and Fifty-four, it is enacted 
 that the rates for Piloting any Vessel from one Port or Anchorage to 
 another Port or Anchorage in these Islands shall be half as much as 
 the Pilotage rates for piloting such Vessel outwards to sea, would be 
 under the said Act passed in the year One Thousand Eight Hundred 
 and Forty-eight; — And Whereas it is expedient to alter the rate 
 allowed for this service by the first mentioned Act, be it enacted that 
 instead of the rate allowed by the said first mentioned Act, the rate 
 hereafter for piloting any Vessel from one Port or Anchorage to an- 
 other Port or Anchorage in these Islands shall be half as much as the 
 Pilotage rate for piloting such Vessel inwards from Sea would be 
 under the said Act passed in the Tear One Thousand, Eight Hundred 
 and Forty-eight, according to her draught of water at the time of her 
 removal. Provided always, that for removing any vessel from one 
 Anchorage to another within the Stags Channel, or from any Anchor- 
 age within the Stags Channel to the Port of Hamilton, or from the 
 Port of Hamilton to any Anchorage within the Stags Channel, The 
 Pilot shall receive the sum of ten shillings for every day or part of a 
 day in which he shall be employed in performing such service. 
 
 in. And be it enacted and declared, that every licensed Pilot, 
 who, when not actually engaged in his capacity of Pilot, shall refuse 
 or willingly delay to go to, or take charge of any Vessel in Port and 
 bound to sea, or intended to be moved from one Port or anchorage 
 in these Islands to another Port or anchorage, within the same, upon 
 being required to take charge of such Vessel shall forfeit a sum not 
 exceeding Six Pounds, and not less than Three Pounds. 
 
 IV. And be it enacted, that this present Act shall be and con- 
 tinue in force until and throughout the last day of December which 
 will be in the Tear of Our Lord One Thousand, Eight Hundred and 
 
 Sixty-six. 
 
I860.] BERMUDA ACTS. 707 
 
 1860. No. 4. 
 
 AN ACT to explain and amend the Act intituled " An Act to 
 consolidate the Laws relating to Pounds, Stray Cattle, and 
 PouWryP 
 
 [1 August, I860.] 
 
 WHEREAS it is expedient to explain and amend in some particu- Preamble, 
 lars the Act intituled " An Act to Consolidate the Laws relating to 
 Pounds, and Stray Cattle, and Poultry," which was passed by the 
 Legislature of these Islands in the Tear of Our Lord One Thousand 
 Eight Hundred and Fifty-nine : 
 
 I. We, therefore, &e., and be it enacted, &c., that no person shall J^^Pf™" 
 be deemed authorized by the Fifteenth Section of the said Act, to kill, wound°8tray 
 or cause to be killed any Hog, Sheep, Goat, or Poultry of any kind, uS Act of 
 unless the same shall be killed, or the hurt or blow causing the death ^^y^^j^^tu?' 
 of the same, shall be inflicted Avhile such Hog, Sheep, Goat, or Poul- auytrea- 
 try shall be actually trespassing upon the Land held or occupied by p^*™^' 
 the Person killing, or causing the same to be killed. 
 
 1860. No. 5. 
 
 AJSr ACT in Furtherance of a Compilation of the Laws. 
 
 [11 August, I860.] 
 
 WHEEEAS by a Joint Eesolution of the Officer administering preamble. 
 the Government of these Islands, the Council, and Assembly, passed 
 in the Tear One Thousand Eight Hundred and Fifty-nine, provision 
 was made for effecting a compilation of the Acts of the Legislature of 
 Bermuda remaining in force up to the end of that Year, under the 
 gratuitous supervision of the Honorable John Harvey Darrell the 
 Chief Justice of the said Islands ; and for printing the same, and 
 having the volumes bound at the Public expense : — and it is deemed 
 expedient to extend the period of time originally contemplated to 
 be included in such compilation ; and the number of copies to be 
 printed : 
 
 I. We, therefore, &c., and be it enacted, &c., that instead of Pf^°^of_^_^ 
 limiting such Compilation to the Acts of the Legislature remaining in extended 
 force up to the end of the Year One Thousand Eight Hundred and forceup"o 
 Fifty-nine, it shall be lawful to extend the same to the Acts remaining J^l^"^/' 
 in force up to the end of the Year One Thousand Eight Hundred and iseo. 
 Sixty. 
 
 II. And be it enacted that instead of having only one hundred ar^°d copies 
 and fifty copies of such compilation printed, as expresseji in the said ^"rinted. 
 
708 
 
 BERMUDA ACTS. 
 
 [1860. 
 
 £150 to be 
 paid in ad- 
 dition to 
 former 
 grant for 
 the purpose 
 of effecting 
 the printing 
 and binding 
 of such com- 
 pilation. 
 
 Eesolution, it shall be lawful to have two hundred copies thereof 
 printed. 
 
 in. And whereas some further expense may he requisite to be in- 
 curred for the printing and binding of such Compilation, beyond what 
 was originally contemplated : be it enacted, that the Keceiver General 
 be, and he hereby is, authorized and required to pay out of any unap- 
 propriated Monies in the Public Treasury, under the usual warrant, to 
 any person or persons authorized by the Governor and Council to re- 
 ceive the same, any sum of money not exceeding the sum of one hun- 
 dred and fifty pounds, in addition to the sums mentioned in the said 
 Eesolution, for the purpose of effecting the printing and binding of 
 such Compilation as aforesaid. 
 
 1860. No. 6. 
 
 AN ACT for Taking a Census of these Islcmds. 
 
 [3 September, I860.] 
 
 Preamble. WHEREAS it is expedient to take a Census of these Islands : 
 
 Competent 
 resident 
 persons 
 to be ap- 
 pointed to 
 visit every 
 House in 
 each of the 
 parishes and 
 take an ac- 
 count of 
 the persons 
 dwelling 
 therein, &c. 
 
 And of the 
 Houses. 
 And of the 
 Vessels and 
 Boats then 
 building. 
 
 And of the 
 Land, Agri- 
 cultural 
 Produce and 
 Stock. 
 
 I. "We, &c., and be it enacted, &c., that such competent per- 
 sons resident resijectively in the Parishes to be enumerated, as shall 
 be appointed for that purpose by the Governor or Commander-in-Chief 
 of these Islands, by and with the advice and consent of the Council, 
 by any writing under his hand, shall upon such day, or, if it be found 
 necessary, such one or more days, in the month of January, in the 
 Year of Our Lord One Thousand Eight Hundred and Sixty-one, as the 
 said Governor or Commander-in-Chief shall fix, severally visit every 
 House within each of the nine Parishes in these Islands, as may be as- 
 signed to them respectively, and take an account in writing, according 
 to such instructions as may be given to them by, or by direction of the 
 said Governor or Commander-in-Chief, of the number of Persons 
 dwelling therein, on the First day of that month, and of the Sex, Age, 
 Religious Denomination, place of birth, and occupation of all such 
 persons, and of the births, deaths and marriages of persons in every 
 such House within twelve months then last past : and shall also take 
 an account of the number of inhabited houses, and of uninhabited 
 houses, and of houses then building, and of the Vessels and Boats then 
 building within such Parishes respectively ; and shall also take an ac- 
 count of the quantity of land in the occupation of the inhabitants of 
 every such house, and how such land is used, whether in tillage, pas- 
 turage, or otherwise, and also shall take an account of the number of 
 persons then usually resident at such house but absent, and also shall 
 take an account of the Horses, Cattle, stock, and Carts, Ploughs, and 
 Boats then possessed by the Inhabitants of every such House, and also 
 shall take an account of the Agricultural Produce of the said lands 
 during the twelve months then last past ; and that such accounts shall 
 be taken in such form, with such particular details, as shall be directed 
 by the said instructions : Provided dl/ways, that in any account which 
 
I860.] BERMUDA ACTS. 709 
 
 shall be taken as aforesaid of the age of persons it shall be sufficient to ProTiso as 
 specify how many of such persons are under the age of five years, how timotfges 
 many upwards of five and less than twenty years of age, how many 
 upwards of twenty and less than fifty years of age, how many upwards 
 of fifty and less than eighty years of age, and how many upwards of 
 eighty years of age respectively : Promded also, that in any account proTiso as 
 which shall be taken as aforesaid of the Keligious Denominations of y„^„Poffe°''' 
 persons, it shall be sufiicient to specify whether the person be of the ugious de- 
 Church of England, Presbyterian, Wesleyan, or Eoman Catholic De- "°™°^"'""- 
 nomination, or of some other Denomination not specified ; and in all 
 cases it shall be sufficient for the persons taking such account, to in- 
 clude every person in such Denomination as shall be stated to him by 
 the person so enumerated, or by his or her Parent, Guardian, Master 
 or other Friend, with whom such enumerated person shall be residing : 
 and that in the case of persons under the age of Twenty Years it shall 
 be sufficient to include them respectively in such Denomination as 
 shall be stated or desired by the Parent, Guardian, Master or other 
 friend with whom they shall shall be residing ; Provided also, that no proviso, 
 such accounts as aforesaid shall be required to be taken under this S""??.!;?^ 
 
 k f ' 1 IT • TT -r> •! T the Military, 
 
 Act 01 any person occupymg or dweiimg m any House or Jsuilding, Navai and 
 used for the service of Her Majesty's Troops, or for the Service of Her EstabTish- 
 Majesty's Navy or Naval Yard, or Convict Establishment in these ™™'^' 
 Islands. 
 
 II. And for the more effectual obtaining of such Accounts, be it printed 
 &c., that it shall be lawful for the Governor or Commander-in-Chief fShed'to 
 for the time being, to cause to be printed such forms for the use of the ^'J^,.''°"™"- 
 several Persons who shall be appointed as aforesaid, to take the said 
 accounts, as by the said Governor or Commander-in-Chief and Council 
 shall be deemed necessary, and the expense of such Printing shall be 
 provided for like other contingent charges of Government. 
 
 III. And be it, &c., that the better to enable such Persons to take 
 
 Enumer- 
 
 the said accounts — ^they are hereby authorized and empowered to ask ators 
 
 em- 
 
 powered 
 
 all such questions of all Persons within their respective districts to asittiie 
 respecting themselves or the Persons constituting their respective statedta" 
 Families, or their Houses, Lands, Horses, Cattle, Stock, Carts, Ploughs, schedule. 
 Boats and Agricultural Produce as are set forth in the Schedule here- 
 unto annexed. 
 
 lY. And be it, &c., that every Person refusing to answer or wil- Penalty for 
 
 T * ^ "r> • false a-n- 
 
 fully giving a false answer to any such question, and every rerson m ^^ers or re- 
 any way wilfully obstructing or misleading such Persons or either of t^^^^^" *°- 
 them in the execution of the duties required of them under this Act, 
 shall for every such refusal, false answer or wilful obstruction or mis- 
 leading on proof thereof being made before any two neighbouring 
 Justices of the Peace, forfeit a sum not exceeding Forty shillings nor 
 less than Ten shillings, at the discretion of the said Justices before 
 whom such complaint shall be made, together with costs of Prosecu- 
 tion. 
 
 Y. And be it, &c., that the amount of such several forfeitures Penalties 
 which may be incurred under this Act, if not immediately paid, shall l°^^^^^,_ 
 be levied by Warrant of distress and sale of the Offenders' Goods and posed of. 
 
710 
 
 BERMUDA ACTS. 
 
 [1860. 
 
 The Sched- 
 ults taken 
 in the sev- 
 eral par- 
 ishes, with 
 an aggre- 
 gate Ab- 
 stract, to 
 be sent in : 
 and a Gen- 
 eral Ab- 
 stract for 
 the whole 
 Colony to 
 be made. 
 Remunera- 
 tion there- 
 for. 
 
 Governor in 
 Council em- 
 powered to 
 fix the same 
 day for the 
 Census in 
 Bermuda, 
 as in Great 
 Britain, in- 
 stead of 
 January 1, 
 1861. 
 
 Enumera- 
 tors to be 
 paid out of 
 the Treas- 
 ury £180 in 
 the whole. 
 
 Chattels, under the hands and Seals of the said Justices, rendering to 
 the Offender the overplus (if any) over and above the amount of the 
 forfeiture and charges of Prosecution distress and Sale : and the said 
 Forfeitures when recovered, shall be paid over to the Receiver Gen- 
 eral of these Islands, to the use of Her Majesty, Her Heirs and Suc- 
 cessors, for and towards the support of the Government of these 
 Islands. 
 
 VI. And be it, &c., that the Schedules of the accounts to be 
 taken as aforesaid in the several Parishes in these Islands together 
 with an abstract of the aggregate thereof, shall be transmitted to such 
 Person as the Governor shall appoint to ' receive the same : and that 
 such Person shall make a general Abstract thereof shewing the aggre- 
 gate of the particulars therein stated, with reference to the whole 
 Colony : and that such Schedules and Abstracts shall be deposited in 
 such place as shall be directed by the Governor, for Public use : and 
 the Person employed in making such Abstract shall be allowed the 
 sum of Ten pounds for his services : to be provided for like other 
 contingent charges of Government. 
 
 VII. Whereas there is reason to expect that a General Census of 
 the Population of Great Britain will be taken some time in the Year 
 One Thousand Eight Hundred and Sixty-one ; but it is not yet made 
 known in these Islands at what particular period of that Year the 
 same will be taken, and it is desirable, that the Census under this Act 
 should, if practicable, be made at the same period with that in Great 
 Britain : Be it enacted that in case His Excellency the Governor of 
 these Islands shall receive any authentic or reliable information of the 
 particular day in the Year One Thousand, Eight Hundred and Sixty- 
 one, on which a General Census of the Population of Great Britain is 
 to be made, then, and in such case it shall be lawful for the Governor, 
 by and with the advice of the Council to issue a Proclamation, fixing 
 and declaring the same day for the Census to be taken under this Act, 
 instead of the first day of January hereinbefore mentioned, or in case 
 such information shall not be received here until it shall be too late to 
 fix the same day for taking the Census in Bermuda, then by his Pro- 
 clamation by and with the advice aforesaid, to fix and declare some 
 other day, as soon afterwards as conveniently may be, for taking the 
 Census in these Islands under this Act : And the Census and Ac- 
 counts contemplated by this Act shall be taken accordingly for the 
 day so fixed by Proclamation instead of the said first day of January : 
 and the day so fixed by Proclamation shall be substituted for the said 
 first day of January — in all the Schedules and proceedings to be 
 made, had or taken under this Act — and whenever any matter or 
 thing is herein before by this Act required to be done after or with 
 reference to the said First day of January, the same shall be done in 
 like manner after or with reference to the said day so to be fixed by 
 Proclamation. 
 
 VHI. And be it, &c., that it shall be lawftil for the Eeceiver Gen- 
 eral of these Islands, and he hereby is authorized and required to pay, 
 out of any unappropriated monies in the Public Treasury, to the sev- 
 eral persons respectively, who shall be appointed as aforesaid for 
 taking the said accounts, upon each of them respectively producing to 
 
I860.] BERMUDA ACTS. 711 
 
 the said Keceiver General, a certificate under the Hand of the Gov- 
 ernor or Commander-in-Chief, certifying such Person to have per- 
 formed the duty required of him under this Act, such sura of money 
 as shall be fixed and allowed for his Services therein by the Governor 
 and Council: — Provided always that the several Sums so to be paid 
 by the Eeceiver General to the Persons taking the saidj^ccounts, shall 
 not exceed the sum of One Hundred and Eighty Pounds in the Avhole. 
 
 SCHEDULE. 
 
 How many White male Persons, under the age of five Years, how 
 many between the ages of five and twenty Years, how many be- 
 tween the ages of twenty and fifty Years, how many between the 
 ages of Fifty and Eighty Years, and how many upwards of Eighty 
 Years of age respectively, were dwelling on the first day of Jan- 
 uary in this Year in the House and Out Buildings occupied with 
 the House where you now dwell, and what are their names ? 
 
 How many Coloured male Persons under the age of five Years, how 
 many between the ages of five and twenty Years, how many be- 
 tween the ages of twenty and fifty Years, how many between the 
 ages of fifty and eighty Years, and how many upwards of eighty 
 years of age respectively were dwelling on the said first day of 
 J[anuary, in the said House and Out Buildings, and what are 
 their names ? 
 
 How many White Female Persons under the age of five Years, how 
 rriany between the ages of five and twenty Years, how many be- 
 tween the ages of twenty and fifty years, how many between the 
 ages of fifty and eighty Years — and how many upwards of Eighty 
 Years of age respectively were dwelling on the said first day of 
 January, in the said House and Outbuildings, and what are their 
 names ? 
 
 How many Coloured Female Persons under the age of five Years, how 
 many between the ages of five and twenty Years, how many be- 
 tween the ages of twenty and fifty Years, how many between the 
 ages of fifty and Eighty years, and how many upwards of Eighty 
 Years of age respectively, were dwelling on the said First day of 
 January in the said House and Out buildings, and wliat are their 
 names ? 
 
 How many of the Persons dwelling on the said first day of January, 
 in the said House and Out buildings were then Carpenters, Ma- 
 sons, Blacksmiths, Cabinet-makers, Tailors, Shoemakers, Domes- 
 tic Servants, Labourers, and Mariners respectively, and how many 
 Persons usually dwelling there were then absent from Bermuda, 
 and what are the names, occupation, and ages of such ab- 
 sentees ? 
 
 How many Persons have been bom at the said House and Outbuild- 
 ings within the last twelve months, how many persons dwelling 
 90 
 
712 BERMUDA ACTS. [1860. 
 
 there have died within the last twelve months, and how many 
 female Persons dwelling there have been married within the last 
 twelve months, and what are their names ? 
 
 How many of the said Persons, male and female, white and coloured, 
 under the age of twenty Tears, and aged twenty Years and up- 
 wards respectively, are of the Denominations of the Church of 
 England, Presbyterian, Wesleyan, or Koman Catholic Eeligion, 
 or of any other religious Denomination not specified ? 
 
 Of what Countries respectively are the Persons, who, on the first day 
 of January, in this Tear, were dwelling in the House and Out- 
 buildings occupied with the House where you now dwell 
 natives? 
 
 How many of the males and how many of the females respectively, 
 who we!i-e dwelling on the first day of January, in this Tear, in 
 the House and Outbuildings occupied with the House where you 
 now dwell are married, and how many unmarried, and of the 
 unmarried females, how many are spinsters and how many 
 widows ? 
 
 How much Land is occupied by the Inhabitants of the said House 
 and Outbuildings in Wood or natural Pasture, how much in Til- 
 lage, including Gardens, and how much in cultivated Grasses or 
 Fodder ? 
 
 How many Horses, Mules, Asses, how many male and how many 
 female neat Cattle, how many Sheep, Carts, Ploughs, Sailing 
 Boats and Rowing Boats respectively, are now possessed by the 
 Inhabitants of the said House and Outbuildings ? 
 
 How many bushels of Sweet Potatoes, Irish Potatoes, Carrots, Turnips, 
 Indian Corn, and Barley, respectively, have been raised upon the 
 Grounds occupied by the Inhabitants of the said House and Out- 
 buildings within the last twelve months ? 
 
 How many pounds of Arrow-root, (in the rough state,) how many 
 pounds of Onions, Aloes, and Garden Vegetables respectively, 
 have been raised upon the Grounds occupied by the Inhabitants 
 of the said House and Outbuildings within the last twelve 
 months ? 
 
 [A Proclamation was issued by the Governor on the 18th January, 1861, directing the 
 Census under this Act to be taken for the 7th day of April, 1861, in conformity with the 
 date of the Census to be taken in Great Britain.] 
 
I860.] BERMUDA ACTS. 713 
 
 1860. No. 7. 
 
 AN ACT providing for the Appointment and Svpport ofa Puhlio 
 Officer ^ to have responsible charge of the Public "WorTcs and 
 Buildings in this Colony. 
 
 [5 September, I860.] 
 
 WHEREAS it is expedient that provision should be made for the pieambie. 
 superintendence and management of the Public Works and Buildings 
 in this Colony : 
 
 I. We, therefore, &c., and be it enacted, &c., that the Governor Governor to 
 be, and he hereby is authorized to appoint from time to time, some fit ?n3p°icto?of 
 person, other than any person holding an appointmeut in any depart- and's^w''* 
 ment of Her Majesty's Service at the Islands of Bermuda, to have ings. 
 responsible charge of the Public Works and Buildings in these Islands 
 imder the title of Inspector of Public Works and Buildings. 
 
 H. And be it, &c., that the said Inspector shall exercise a general inspector to 
 supervision in and over the Government Houses, the Buildings con- havethe 
 taining the Public OfSces, Sessions House, Lunatic Hospital, Gaols, ofaiicoi- ■ 
 and all other Public Buildings and Works of the Colony (except the uJ^Buud^' 
 Light House and Koads) belonging to and erected or to be erected in ^fj^ex- 
 the Colony, for the piirpose of ascertaining when such Buildings may ^^p' "le 
 
 •" . j-'^ -it • i il, • ° J. J ■ F '' Light House 
 
 require repairs, and with a view to the improvement and maintenance and Koads) 
 of such Public Buildings and Works, and to prevent dilapidation, it aninnSS''^ 
 shall be the duty of the said Inspector to furnish to the Legislature »«?»•'• 
 within ten days after the meeting of the Legislature in every Year, a 
 full report in writing of the actual state and progress of such Public 
 Buildings and Works, with particular information of the repairs re- 
 quired to be made to each or any of them, together with a detailed 
 estimate of the probable cost of such repairs. 
 
 III. And be it, &c., that the said Inspector shall be charged with And to have 
 the general direction and control of all repairs, alterations, and im- *^,8|P.;^. 
 provements to all the Public Buildings before mentioned, and of car- Monoire- 
 rying on any Public Works, and erecting any Public Buildings, and and when' 
 of the repairs, alterations, and improvements to be made to the same, any"com*^ 
 and if required so to do by any Committee of the Legislature, he shall mitteeto 
 
 1 i-'-T . t'^i-'' t • , ,■ P T /~< -ij. disburse and 
 
 under the direction and subiect to the instructions ot sucn Committee, keepac- 
 disburse the money required for the same, and keep a correct account ^oMy eL 
 thereof, and that it shall be the duty of all Persons employed by the p'^'"'^''- 
 Inspector or by any Committee of the Legislature, which may have 
 been, or shall hereafter be appointed to effect any Public Works, 
 Buildings, repairs, alterations or improvements, to carry out the same 
 in accordance with the directions given by such Inspector. 
 
 lY. And be it, &c., that it shall be the duty of the said Inspector, And when 
 on being required so to do, to prepare and furnish to the several J-ejirtm'" 
 Branches of the Legislature, or to any Committee of the Legislature, a ^l^^^^- 
 fuU report on any specified Public Work or Building at any time in and to assist 
 
714 
 
 BERMUDA ACTS. 
 
 [1860. 
 
 ID the exe- 
 cution 
 thereof. 
 
 Inspector 
 reeponBible 
 for all 
 stores^ and 
 for keeping 
 an account 
 of them, &c. 
 
 And answer- 
 able for the 
 value, In 
 case of loss 
 or damage 
 by neglect. 
 
 eoBtemplatioB, whether the same relate to the construction, repairing, 
 or alteration of any Public Works or Buildings, or to the enclosures 
 thereof, or to the grounds thereto attached, and also in his capacity of 
 Inspector to assist in every way on his being required so to do, to the 
 best of his ability, and judgment, in and about the constructing, re- 
 pairing, altering and improving of all the Public Works and Buildings 
 intended by this Act to be placed under his supervision. 
 
 V. And be it, &c., that all Stores, Goods, Articles, and Materi- 
 als belonging to the Public, and had or procured for the purpose of 
 carrying on any Public Work, or repairs, alterations or improvements, 
 or for construction of any Buildings belonging to the Public shall be 
 considered to be under the responsible charge of the said Inspector, 
 and it shall be his duty to keep a correct account and statement of the 
 quantity used, and of the manner in which the same have been used 
 or applied, which account and statement he is to produce on being 
 required so to do, to the several Branches of the Legislature, or to any 
 Committee thereof, and all surplus Stores, Goods, Articles, and Mate- 
 rials which may or ought at any time to be remaining in his charge 
 over and above after the completion of any Work shall be deemed to 
 be in his custody, and he shall cause the same to be carefully pre- 
 served until released from the care thereof by any Committee or per- 
 son having authority over the disposal of the same, and in case of any 
 such Stores, Goods, articles and materials, whether surplus or other- 
 wise being through any neglect or want of due care on the part of the 
 said Inspector, stolen, lost, missing or misapplied during the time that 
 the same may be considered to be under the responsible charge of the 
 said Inspector, he shall, in addition to the penalty hereinafter imposed, 
 be answerable for the estimated value thereof in money, to be by him 
 paid into the Public Treasury, and in case of any default or delay in 
 the payment thereof, it shall be lawful for the Receiver General of 
 these Islands to sue for and recover such estimated value, together with 
 full costs of suit. 
 
 Andtosu- VI. And be it, &c., that when any repairs, alterations and im- 
 
 fidSment'of provcments connected with any of the Public Works or Buildings 
 aforesaid are undertaken by any person having entered into a Contract 
 or Agreement for performing the same, it shall be incumbent on the 
 said Inspector during his general supervision, if he shall observe any 
 default in the manner of fulfilling such Contract or Agreement, to re- 
 port such default to any Committee of the Legislature having the 
 management of such Works, and in case tliere be no such Committee, 
 to the Governor or Commander-in-Chief. 
 
 contracts 
 aDd report 
 on their exe- 
 cution, &c. 
 
 Penalty, on 
 default in 
 his duty. 
 
 VII. And be it, &c., that if the said Inspector do or shall permit 
 
 the Stores, Goods, articles and 
 
 materials belongins: 
 
 to the Public and 
 
 placed under his care to become lost to the Public through his negli- 
 gence or want of care, or to be wastefiilly used, or misapplied, or shall 
 neglect to make a proper report of any default by any person made in 
 justly fulfilling any Contract or Agreement as aforesaid — or shall 
 knowingly make an untrue report, or shall take any bribe, gratuity or 
 reward for neglect or nonperformance of any part of his duty, or shall 
 in any other respect neglect or refuse to perform any part of his duty 
 
I860.] BEEMUDAACTS. 715 
 
 as Inspector of Public Works and Buildings, he shall forfeit and pay 
 into the Public Treasury, to Her Majesty, Her Heirs and Successors, 
 for and towards the Eevenue of these Islands, upon conviction of every 
 such Offence, the sum of Ten pounds, to be recovered upon complaint 
 thereof, (which may te made by any Member of a Committee or any 
 other person) in the like manner as debts exceeding five pounds, and 
 not exceeding ten pounds are now recoverable, and that upon such 
 conviction, it shall be lawful for the Governor or Ofl&cer administering 
 the Government for the time being, forthwith to dismiss the said In- 
 spector, and to appoint in his stead another person as Inspector of 
 Public Works and Buildings. 
 
 VIII. And be it, &c., that the Inspector of Public Buildings ms salary. 
 shall, during the continuance of this Act, be entitled to receive, as 
 compensation for his Services, from the Public Treasury, the annual 
 
 sum of Sixty pounds, to be paid to him, on the usual Warrants of the * 
 Governor, by four equal Quarterly payments up to and inclusive of 
 the last days of March, June, September and December— and a rate- 
 able proportion of a Quarter for which the duties of the Office may 
 have been performed, on a corresponding Warrant — ^and such Quar- 
 terly payment shall be taken and deemed to be in full discharge for all 
 Services imposed on the said Inspector by this Act. 
 
 IX. And be it, &c., that if at any time during the continuance of eovemor 
 this Act the Governor or the Officer administering the Government of r^ap^o^ft'' 
 these Islands shall find any person competent to undertake, in addition J^Jo^Torks 
 to the duties hereinbefore imposed on the Inspector of Public Works, also ovei- 
 the general oversight and management of the alterations and repairs Ro^cTa, with 
 on the Public Eoads, it shall be lawful for the Governor or Officer ad- ^fg^f™™" 
 ministering the Government, to appoint such person Overseer of Works 
 
 and Roads, and it shall be the duty of any Overseer of Works and 
 Eoads who may be appointed under this clause to plan and superin- 
 tend, under the Commissioners of Eoads in either District, all altera- 
 tions in the lines of the Public Eoads throughout these Islands, to as- 
 sist the said Commissioners with Plans and Estimates of alterations 
 and repairs when required so to do, to inspect such alterations as may 
 from time to time be made, and such repairs as the said Commissioners 
 may require him to inspect ; to grant, when required so to do by the 
 said Commissioners, such certificates respecting the manner in which 
 any alteration, repairs, or other works on or respecting the Public 
 Eoads may have been effected, as the circumstances of the case may 
 require ; and to have the general charge of all such materials, tools, 
 and other things as may be provided or connected with the said altera- 
 tions and repairs, and all surplus Stores and materials ; and any Per- 
 son so appointed Overseer of Works and Eoads shall be entitled to 
 receive, in addition to the Salary hereinbefore provided for the Inspec- 
 tor of Public Works, out of the Public Treasury of these Islands, a 
 Salary at the rate of Sixty Pounds a Year, payable Qnarterly_ in the 
 same manner and at the same periods as are hereinbefore provided in 
 the case of the Salary of the Inspector of Public Works. 
 
 X. And be it, &c., that this Act shall be, and continue in force Duration, 
 until and throughout the last day of December, in the Year of Our 
 Lord One Thousand Eight Hundred and Sixty-three, and then to de- 
 termine and expire. 
 
716 
 
 BERMUDA ACTS. 
 
 [1860. 
 
 1860. No. 8. 
 
 AN ACT to continue the Act relating to Larceny, and other Offences 
 connected therewith, and malicious Injuries to Property. 
 
 [10 September, I860.] 
 
 Preamble. 
 
 Isii. 
 
 Act of 1839 
 continued, 
 Ac, with 
 amend- 
 ments. 
 
 WHEEEAS the Act intituled "An Act for consolidating and amend- 
 ing the Laws relatiTe to Larceny and other Oifences connected therewith, 
 and malicious injuries to Property," was passed by the Legislature of 
 these Islands in the Year of Our Lord One Thousand Eight Hundred 
 and Thirty-nine, for a limited period of time, and An Act to continue 
 and amend the above mentioned Act was passed by the Legislature in 
 the Year one thousand eight hundred and forty-seven, for a limited 
 period of time, and another Act to continue and amend the said Acts, 
 was passed by the Legislature, in the Year one thousand eight hun- 
 dred and fifty-four, for a further period of time, and whereas it is ex- 
 pedient that the said Act passed in the Year One thousand Eight 
 hundred and thirty-nine should be continued in force during the con- 
 tinuance of this Act, with the amendments contained in the said Acts 
 respectively passed in the Years one thousand eight hundred and 
 forty-seven, and one thousand eight hundred and fifty-four, and here- 
 inafter expressed : 
 
 I. We, therefore, &c., and be it enacted, &c., that the said Act 
 passed in the Year one thousand eight hundred and thijty-nine, the 
 title whereof is above recited, be, and the same hereby is continued in 
 force during the continuance of this Act, with the amendments herein- 
 after contained. 
 
 Pii'sons con- 
 victed of 
 offences un- 
 der the Act 
 of 1889 or 
 this Act, 
 punishable 
 with impris- 
 onment, or 
 of any at- 
 tempt to 
 commit 
 i'elony, may 
 be impris- 
 oned with 
 hard labour 
 and solitary 
 confine- 
 ment. 
 
 II. And be it, &c., that when any person shall be convicted of 
 any oifence under the said Act passed in the Year one thousand eight 
 hundred and thirty-nine, or this present Act, for which imprisonment 
 may be awarded, or shall be convicted of any attempt to commit a 
 felony, it shall be lawful for the Court or Jvistice or Justices to sen- 
 tence the Oftender to be imprisoned, or to be imprisoned and kept to 
 hard labour, and also to direct that the offender shall be kept in soli- 
 tary confinement for the whole or any portion or portions of such im- 
 prisonment, or of such imprisonment with hard labour, not exceeding 
 one Calendar month at any one time, and not exceeding three Calen- 
 dar months in any one Year as to the Court or Justice or Justices in 
 their or its discretion shall seem meet. 
 
 Maliciously III. And be it, &c., that if any person shall unlawfully and ma- 
 winnding llciously kill, maim, or wound any cattle, every such offender shall be 
 Cattle, Fei- guilty of Fclony, and being convicted thereof shall be liable, at the 
 
 discretion of the Court, to be fined and imprisoned, or to be imprisoned 
 ranishment for Hiiy tcmi uot exceeding two Years, and if a Male, and the Court 
 
 shall so think fit to be once, twice, or thrice publicly or privately 
 
 whipped, after the expiration of four days from the time of sentence 
 
 in addition to such imprisonment. 
 
I860.] BERMUDAACTS. Kll 
 
 lY. And to encourage the prosecution of Offenders, Be it enacted, stolen prop- 
 tiat if any person guilty of any such Felony or misdemeanour as is resto*°ea to 
 mentioned in the said Act passed in the Year one thousand eight hun- ^^T,"" ' 
 dred and thirty-nme, m stealing, taking, oDtaining or converting or gotiabie in- 
 in knowingly receiving any chattel, money, valuable Security or other lola^/e 
 Property whatsoever, shall be indicted for any such offence, by or on ransfeired. 
 on behalf of the owner of the property or his Exeeiitor or Administra- 
 tor and convicted thereof: in such case the property shall be restored 
 to the owner or his representative, and the Court before whom any 
 such person shall be so convicted, shall have power to award from 
 time to time writs of restitution for the said property, or to order the 
 restitution thereof in a summary way : — Prcyoided always, that if it 
 shall appear before any such award or order made, that any valuable 
 security shall have been honafide paid or discharged by some person 
 or body corporate liable to the payment thereof, or being a negotiable 
 instrument shall have been 'bona fide taken or received by transfer or 
 delivery, by some person or body corporate, for a just and valuable 
 consideration without any notice, or without any reasonable cause to 
 suspect, that the same had by any felony or misdemeanour been stolen, 
 taken, obtained or converted as aforesaid, in such case the Court shall 
 not award or order the restitution of such security. 
 
 Y. And be it, &c., that in every Indictment for feloniously steal- indictment 
 
 ' ' V ** for sti63iliiiGr 
 
 ing property it shall be lawful to add a Count for feloniously receiving may con- 
 the same property, knowing it to have been stolen ; and in any Indict- forrecdv- 
 ment for feloniously receiving property, knowing it to have been stolen, ™s^ ^^^^a. 
 it shall be lawful to add a Count for feloniously stealing the same 
 Property ; and where any such Indictment shall have been preferred 
 and found against any Person, the Prosecutor shall not be put to his 
 election, but it shall be lawful for the Jury who shall try the same, to 
 find a verdict of guilty, either of stealing the property or of receiving 
 it, knowing it to have been stolen, and if such Indictment shall have 
 been preferred and found against two or more persons, it shall be law- 
 ful for the Jury, who shall try the same to find all or any of the said 
 persons guilty, either of stealing the property or of receiving it, know- 
 ing it to have been stolen, or to find one or more of the said Persons 
 guilty of stealing the property, and the other or others of them guilty 
 of receiving it, knowing it to have been stolen. 
 
 YI. And be it, &c., that this Act shall continue in force until Duration, 
 and throughout the last day of December, which will be in the 
 Year of our Lord, one thousand eight hundred and sixty-three. 
 
 1860. No. 9. 
 
 AN ACT to Amend and Oontintie the Act providing Salaries for the 
 Officers of the Public Revenue. 
 
 [25 September, I860.] 
 
 WHEEEAS the Act passed by the Legislature of these Islands m Preamble. 
 the Year of our Lord one thousand eight hundred and fifty-five, in- 
 tituled " An Act to provide for a limited period, Salaries for the Offi- 
 
718 
 
 BERMUDA ACTS. 
 
 [1860. 
 
 Salaries to 
 Officers of 
 the Rev- 
 enue, Viz : 
 
 Receiver 
 General 
 
 £450. 
 
 Asst. R. 
 General at 
 St, George 
 £225. 
 
 Hamilton 
 Revenue 
 
 cers of the Public Eevenue," is about to expire, and it is expedient to 
 continue the said Act for a further period of time, with the amend- 
 ments hereinafter contained : 
 
 I. "We, therefore, &c., and be it enacted, &c., that from and after 
 the commencement, and during the continuance of this present Act, 
 there be granted, allowed and paid out of any unappropriated monies 
 in the Public Treasury of these Islands unto the respective persons 
 who shall hold the several Offices hereinafter mentioned, and execute 
 the duties thereof, by four Quarterly payments in every year, up to the 
 last days of March, June, September and December, in every year 
 during the continuance of this Act, upon a Warrant from the Governor 
 for every such payment, the following Salaries, (that is to say) : 
 
 Unto the Eeceiver General of these Islands the Sum of Four Hun- 
 dred and Fifty Pounds a Year, in full for his Salary ; in lieu of the 
 Salary provided for the Receiver General by the said Act passed in the 
 Year one thousand eight hundred and fifty-five. 
 
 Unto the Assistant Eeceiver (jeneral at the Port of Saint George 
 in these Islands the Sum of Two hundred and Twenty-five Pounds a 
 Year, in full for his Salary, in lieu of the Salary provided for the As- 
 sistant Eeceiver General, by the said Act passed in the Year one 
 thousand eight hundred and fifty-five. 
 
 Unto the Eevenue Officer of the Port of Hamilton in these Islands, 
 
 Officer £140 *^^ ^^^^ °^ ^°^ Huudrcd and Forty Pounds a Year, in full for his 
 
 and°£20 for' Salary ; and the further Sum of Twenty Pounds a Year, to enable him 
 
 " *"'"• to provide a Boat and Crew for the performance of his duty during the 
 
 Year, in lieu of the Salary provided for the Eevenue Officer of the 
 
 Port of Hamilton by the said Act passed in the Year one thousand 
 
 eight hundred and fifty-five. 
 
 Saint Unto the Eevenue Officer of the Port of Saint George in these 
 
 Revenue Islauds, the Sum of One Hundred and Twenty Pounds a Year, in full 
 aai£2ot^' ^^^ ^^^ Salary ; and the further Sum of Twenty Pounds a Year, to en- 
 a Boat. able him to provide a Boat and Crew for the performance of his duty 
 during the Year ; in lieu of the Salary provided for the Eevenue Offi- 
 cer of the Port of Saint George by the said Act passed in the Year 
 one thousand eight hundred and fifty-five. 
 
 Unto the Eevenue Officer at Ireland Island in these Islands, in con- 
 sideration of his also performing the duty of Eevenue Officer at the 
 Port of Hamilton, when required so to do, the Sum of One Hundred 
 and Twenty Pounds a Year in full for his Salary ; and the further 
 Sum of Thirty Pounds a Year to enable him to provide a Boat and 
 Crew for the performance of his duty during the Year, in lieu»of the 
 Salary provided for the Eevenue Officer at L-eland Island by the said 
 Act, passed in the Year one thousand eight hundred and fifty-five. 
 
 iTBMui Unto the Treasury Clerk, the Sum of One Hundred and Thirty 
 
 clerkfiiso. Pounds a Year, in full for his Salary, in lieu of the Salary provided 
 for the Treasury Clerk by the said Act passed in the Year one thou- 
 sand eight hundred and fifty-five. 
 
 Ireland 
 Island Rev- 
 enue Offi- 
 cer £120, 
 and£aOfoT 
 a Boat. 
 
 Treaiuiy 
 
I860.] BERMUDAACTS. 719 
 
 Provided always, that the above-mentioned allowances for Boatage ProviBo. 
 shall only be paid upon satisfactory proof being made to the Eeceiver 
 General by the declaration in writing of the Officer claiming any such 
 allowance, describing the particular Boat for which the same is 
 claimed, and that such Boat had been kept in readiness for such Ser- 
 vice during the period of time for whi,ch the allowance is to be paid. 
 Provided also, that in case of the duty being performed by any such p^i^bo. 
 Officer only for part of a Quarter, a proportional part of the Salary, or 
 Salary and Boatage allowance (as the case may be) allowed to such 
 Officer shall be paid for such portion of a Quarter. Provided also, proviso, 
 that it shall not be la-nrful for any of the said officers, during the time 
 of his holding such office as aforesaid, to be engaged in Trade either 
 directly or indirectly. Provided also, that if the present Treasury Proviso. 
 Clerk should cease to hold that office during the continuance of this 
 Act, the Salary of any Successor in the Office shall not exceed Eighty 
 Pounds. 
 
 II. And whereas the Honourable Thomas Albuoy Darrell, the Kecitai. 
 present Receiver General, was appointed to this office on the 8th day 
 
 of June, in the Year one thousand eight hundred and fifty-nine, at 
 which period, under the provisions of the said Act, passed in the Tear 
 one thousand eight hundred and fifty-five, the Salary assigned to the 
 said Office was Three Hundred Pounds a Year, and the duties of the 
 said office have since the date of his appointment been satisfactorily 
 performed by the said Receiver General, and it is therefore deemed 
 expedient to allow him the difference between the Sum of Three Hun- Difference 
 dred Pounds and Four Hundred and Fifty Pounds — -to be computed lloolna 
 from the said eighth day of June in the Y ear one thousand eight hun- ^o^^^ j^ 
 dred and fifty-nine to the time of the commencement of this Act: Be present 
 it enacted that the said Receiver General shall be, and he hereby is smemT 
 declared to be entitled to receive from the Public Treasury the differ- Ji^fsM to 
 ence between the Sum of Three Hundred Pounds and the Sum of Four ">e com- 
 Hundred and Fifty Pounds from the said Eighth day of June, in the STms Act 
 Year one thousand eight hundred and fifty-nine, the date of his ap- 
 pointment to the said Office, to the time of the commencement of this 
 Act. 
 
 III. Axid be it, &c., That the said Act passed in the Year one Duration, 
 thousand eight hundred and fifty-five, with the amendments hereinbe- 
 fore contained, shall continue and be in force until and throughout 
 
 the last day of December, in the Year of our Lord one thousand eight 
 hundred and Sixty-five, and then to determine and expire. 
 
 1860. No. 11. 
 
 AN" ACT to Amend and Consolidate the Acts providing for the Ap- 
 pointment of the Officers of the Pvhlie ttevenue, and for other 
 pwrposes. 
 
 [26 September, I860.] 
 
 "WHEREAS it is expedient that the several Acts of the Legisla- Preamble, 
 ture of these Islands, providing for the appointment of the Officers of 
 the Revenue, and for other purposes should be amended and consoli- 
 91 
 
720 
 
 BERMUDA ACTS, 
 
 [1860. 
 
 1849. 
 
 repealed. 
 
 Present Re- 
 ceiver Gen- 
 eral to be 
 subject to 
 Act of 17T5, 
 and to this 
 Act. 
 
 dated into this Act, and for this purpose, that the several Acts, where- 
 of the titles are hereinafter recited should be repealed : 
 
 Acts of 1848. I. We, therefore, &c., and be it enacted, &c., that the Act of 
 the Legislature of these Islands, passed in the Year of our Lord One 
 Thousand Eight Hundred and Forty-eight, intituled " An Act to pro- 
 vide for the appointment of the Officers of the Public Eevenue, and 
 for other purposes," the Act passed in the Year One Thousand Eight 
 Hundred and forty-nine, intituled, " An Act to provide for the ap- 
 pointment of a Treasury Clerk, and for other purposes," the Act 
 passed in the Year One Thousand Eight Hundred and Fifty, intituled, 
 " An Act providing Office accommodation for the Kevenue Officer of 
 the Port of Hamilton, and for another purpose," and the Act passed 
 in the Year One Thousand Eight Hundred and Fifty-seven, intituled 
 "An Act to amend and continue an Act intituled ' An Act to provide 
 for the appointment of the Officers of the Public Kevenue, and for 
 other purposes,' " and the Act intituled " An Act providing Office 
 accommodation for the Revenue Officer of the Port of Hamilton, and 
 for another purpose," be, and the same hereby are repealed from and 
 after the commencement of this present Act. 
 
 II. And whereas since the passing of the several Acts liereinbe- 
 fore mentioned, the Honourable Thomas Albuoy Darrell has been 
 appointed to the office of Receiver General of these Islands daring 
 Her Majesty's pleasure, and has given security for the due perform- 
 ance of the duties of Receiver General, Be it enacted that the said 
 Receiver General and his Sureties respectively shall remain and con- 
 tinue, and be subject to the provisions of the Act passed in the Year 
 One Thousand Seven Hundred and Seventy-five, intituled " An Act 
 for the better regulating the Treasury of the Islands of Bermuda," 
 and also to the provisions of this present Act. 
 
 III. And be it, &c., that whenever the Office of Receiver Gen- 
 eral of these Islands shall hereafter become vacant, either by death, 
 resignation, or removal, it shall be lawful for Her Majesty to appoint 
 a fit and proper person to be Receiver General of these Islands, who 
 shall hold his office during pleasure : Provided always, that on any 
 such vacancy occurring, it shall be lawful for the Governor of these 
 Islands, for the time being, to appoint by Commission, under the 
 Great Seal of these Islands, a fit person to act as Receiver General, 
 until such office shall be filled as aforesaid. 
 
 IV. And be it, &c., that it shall not be lawful for any person 
 hereafter to be appointed to be such Receiver General as aforesaid, 
 either by Her Majesty or by the Governor, to receive any rate, duty 
 or tax, unless he shall have entered into Bond, to be renewed as often 
 as the Governor shall require, to Her Majesty, Her Heirs and Suc- 
 cessors, with two or more good and sufficient Sureties in the sum of 
 Four Thousand Pounds ; or shall have entered into two several Bonds 
 to Her Majesty, her Heirs and Successors, with two or more good and 
 sufficient Sureties, to each of the two last mentioned Bonds, in the 
 Sum of Two Thousand Pounds, for each of such last mentioned 
 Bonds ; or shall have entered into four several Bonds to Her Majesty, 
 Her Heirs and Successors, with two or more good and sufficient Sure- 
 
 Future va- 
 cancies in 
 tiiat office 
 to be filled 
 up by the 
 Crown ; or 
 provision- 
 ally by the 
 Governor 
 
 No Tax, &c., 
 to be re- 
 ceived by 
 any future 
 Receiver 
 General 
 until he 
 shall have 
 entered into 
 Bond with 
 Sureties. 
 
 Amount of 
 Bonds. 
 
Condition. 
 
 I860.] BERMUDA ACTS. 721 
 
 ties, to each of the four last mentioned Bonds, in the Sum of One 
 Thousand Pounds, and the condition of the said several Bonds shall 
 be as follows, viz : 
 
 " The condition of the above obligation is such, that if the above 
 bounden, A. B., Eeceiver General of the Islands of Bermuda, shall 
 well and truly account, as often as he shall be thereunto required, by 
 the G-overnor or^ Officer administering the Government of the said 
 Islands, for the time being, or by the Council and the House of As- 
 sembly, or either of them, or any Committee of them, or either of 
 them, as well during their recess as while in Session, for all and every 
 Sum or Sums of money which already have, or hereafter shall come 
 into his hands, under any Act or Acts of the Legislature of the said 
 Islands, or otherwise, by virtue of his said Office, and also shall pay all 
 such Sums of money according to the intent and meaning, and to the 
 persons and uses mentioned or directed in any such Act or Acts, and 
 shall use all due diligence for the collection of the Bevenue of these 
 Islands, and all arrears of the same, which may at any time be or re- 
 main due and uncollected, and for recovery thereof, and shall in all 
 respects faithfully discharge all the duties of him required or to be 
 required by Law, then this obligation to be void, or else to remain in 
 full force and virtue." 
 
 Which Bond or Bonds shall be taken by the Secretary of these f,^^^^^^^ 
 Islands, who, after having registered the same, shall keep such Bond secretary 
 or Bdhds in his custody, but before the said Bond or Bonds shall be BorTdat 4c. 
 entered into and executed as aforesaid, it shall be the duty of the Sec- 
 retary or Assistant Secretary, and he is hereby authorized and required 
 to administer an Oath to each and every of such Sureties, which shall 
 be reduced to the form of an Affidavit, and endorsed upon or annexed 
 to the said Bond, or Bonds, respectively, and signed by the several mLister 
 Deponents, ^nd attested by the said Secretary or Assistant Secretary, smettts. 
 as follows — (that is to say) : 
 
 " Bekmtjda Islands. 
 
 " Before me, A. B., (Secretary or Assistant Secretary, as the case 
 may be,) of the said Islands, Personally appeared C. D., of oSh?^'' 
 
 Parish in the said Islands, one of the Sureties in the within 
 
 (or annexed) Bond, (or Bonds) who, being duly sworn, doth depose 
 and say, that at the time of administering to him this Oath, he, this 
 Deponent, doth own and possess property equal in value to the Sum 
 of Four Thousand Pounds, or Two Thqusand Pounds, or One Thou- 
 sand Pounds, (as the case may be) of lawful money of the said Islands, 
 clear of all legal incumbrances, and over and above what may be suffi- 
 cient to satisfy his just Debts." 
 
 Provided always, that should any one Surety be offered as such in 
 any two or more of the said Bonds, he may be admitted so to be and P'OTiso. 
 become, on his making Affidavit in form aforesaid, as nearly as may 
 be, in Duplicate, Triplicate, or Quadruplicate, (as the case may be,) to 
 be endorsed upon, or annexed to, such -Bonds respectively, declaring 
 himself, the said Surety, worth property equal in value to the amount 
 of the aggregate Sum for which he shall be so bound as aforesaid, free 
 of all legal incumbrances, and over and above what may be sufficient to 
 pay and satisfy his just Debts, and when any suit shall be prosecuted. 
 
722 
 
 BERMUDA ACTS. 
 
 [I860., 
 
 Oath of 
 
 Receiver 
 
 General. 
 
 Assessment oEL any sucli Bond or Bonds, the Jury may assess damages for the 
 onDefaX' neglect or default of such Eeceiver General, and a levy shall be made 
 for no more than such damages so assessed, with full costs of suit, and 
 no judgment or Suit, upon any one or more of such Bonds, shall ope- 
 rate as a Bar to any other Suit, on any other such Bond. Provided 
 provuo. also, that if the Eeceiver General shall make any other default or 
 neglect, amounting to a hreach of the condition of the said Bond or 
 Bonds, a "Writ of inquiry of Damages may be issued, and Execution 
 shall and may from time to time be sued out, upon the Judgment ob- 
 tained upon the said Bond or Bonds for the Damages to be assessed 
 by a Jury for every such default or neglect. 
 
 V. And be it, &c., that any such Receiver General hereafter to 
 be appointed, shall, before he enters upon the execution of his oflSce, 
 take and subscribe the following Oath before the Governor in Council : 
 
 "I, A. B., do solemnly and sincerely swear, that I will well and 
 truly account, as often as thereunto required by the Governor or Offi- 
 cer administering the Government of these Islands for the time being, 
 or by the Council and House of Assembly, or either of them, or any 
 Committee of them, or either of them, as well during their recess as 
 while in Session, for all and every sum and sums of money, which 
 already have, or hereafter shall come into my hands or possession by 
 virtue of any Act or Acts of the Legislature of these Islands, or oth- 
 erwise by virtue of the Office of Receiver General of the said Islands, 
 and that I will not be engaged directly or indirectly in Trade, while I 
 shall hold the said Office ; and also, will well and truly pay all such 
 sums of money, according to the true intent and meaning of, and to 
 the- persons and uses mentioned or directed in any such Act or Acts, 
 and that I will use all due diligence for the collection of the Revenue 
 of these Islands, and for the recovery thereof, and in all respects to 
 the best of my ability, will faithfully discharge the several duties of 
 me required, or to be required by Law — 
 
 " So help me God." 
 
 VI. And be it, &c., that any future Receiver General, who shall 
 ask, demand, or receive any rate, duty, or tax imposed by any Act of 
 the Legislature of these Islands, without having first given such Secu- 
 rity, as aforesaid, and taken such Oath as aforesaid, shall forfeit and 
 pay the Sum of Five Hundred Pounds for eveiy offence. 
 
 YII. And be it, &c., that it shall be the duty of every Receiver 
 General, from time to time, to provide, at the Public expense, a dura- 
 bly bound Book or Books, wherein shall be fairly entered true, just, 
 and particular accounts of all matters and transactions relating to the 
 Public Revenue, with the particular dates of the sums received and 
 paid, and that such accounts shall be ready for the inspection and ex- 
 amination of the Governor, Council and Assembly, or either of them, 
 or any Committee of the Council and Assembly or either of them, as 
 well during their recess as while in Session, when and as often as they 
 or either of them shall require the same. ' 
 
 Method of Yin, And whereas the method of securing the payment of monies 
 
 mon?y from from the Public Treasury in due succession, required by the third and 
 
 penalty on 
 Receiver 
 General 
 acting, be- 
 fore giving 
 Security, 
 and taking 
 oath. 
 
 Receiver 
 General to 
 provide 
 a Boole of 
 Accounts. 
 
 Such Ac- 
 counts to be 
 ready for 
 the inspec- 
 tion of the 
 Legislative 
 Bodies. 
 
I860.] BERMUDA ACTS. 72^ 
 
 fourth Sections of the said Act passed in the Year One Thousand Seven the ireas- 
 Hundred and Seventy-five, has been found .to be beneficial, Be it A7t™i?T5, 
 enacted that the same shall continue to be observed by the Eeceiver c^nt^ea. ' 
 General. • 
 
 IX. And be it, &c., that whenever the office of Treasury Clerk at Governor to 
 the Port of Hamilton in these Islands shall hereafter become vacant KsuJy 
 by death, resignation, or removal, it shall be lawful for the Governor <''^''''- 
 
 or Officer administering the Government of these Islands for the time 
 being, to appoint by Commission under his hand and the Great Seal 
 of these Islands, some fit and proper person to be Treasury Clerk at 
 the Port of Hamilton in these Islands, during pleasure ; and every 
 such Treasury Clerk before entering upon the execution of his Office, 
 shall take an oath before the Governor truly and faithfully to discharge 
 the trust reposed in him to the best of his knowledge, power, and 
 ability, and also before entering upon the execution of his office shall ^|f^^|'|„^ 
 give a joint and several Bond, with two good and sufficient Sureties sureties". 
 to Her Majesty, Her Heirs and Successors, in the Sum of Four Hun- 
 dred Pounds of lawful money of these Islands, with condition as 
 follows, vizt. : 
 
 " The condition of the above obligation is such, that if the above condition. 
 named shall truly and faithfully, to the 
 
 best of -his knowledge, power and ability, execute the office of Treasury 
 Clerk, and in all respects shall conduct himself in such office in a dili- 
 gent, honest, and faithful manner, then this obligation to be void, but 
 otherwise to remain in full force and virtue." 
 
 And the person so appointed shall be subject to, and under the clerk's du- 
 orders and control of the Receiver General ; and shall give his atterid- 
 ance at the Keceiver General's Office on such days and hours as are or 
 shall be prescribed by Law for the attendance there of the Eeceiver 
 General : And it shall be the duty of such Clerk to assist the Receiver 
 General in receiving the Reports and Entries of Ships and their Car- 
 goes, in taking, entering and transcribing the accounts thereof and of 
 the duties thereon, in receiving payment of such duties, and otherwise 
 in all matters relating to the indoor Service of the Public Revenue of 
 these Islands as shall from time to time be directed or required by the 
 Eeceiver General, and also from time to time when he shall be so 
 directed or required by the Receiver General, in the Warehousing of 
 Goods and the delivery of the same from the Warehouse, and the land- 
 ing or shipping of Goods: And the said Clerk shall likewise have 
 ' authority, on behalf of the Receiver General to take and receive De- 
 clarations in writing in all cases in which the Receiver General would 
 be authorized to take or receive the same : And the said Clerk shall 
 be entitled to the same protection in the execution of his duty as any 
 Revenue Officer shall be entitled to. 
 
 Receiver 
 
 X. And beit,&c., that the Eeceiver General and his Sureties shall g^^g^^^'eto'' 
 remain liable for all monies received into the Public Treasury of these ^,f^^„J°/y 
 Islands, whether the same be received by the Eeceiver General per- received 
 sonally or by the Treasury Clerk. Sy". 
 
 XI. And be it, &c., that whenever the Office of Assistant Ee- 
 ceiver General at the Port of St. George shall hereafter become vacant 
 
724 BERMUDA ACTS. [1860. 
 
 Governor to by death, resignation or removal it shall be lawful for the Governor, 
 
 Asst Re- from time to time to appoint by Commission under his hand and the 
 
 erS tor^T Great Seal of these Islands, some fit and proper Person to be Assistant 
 
 Georges. Eeceiver General, at the said Port of Saint George, of the rates, duties 
 
 and taxes imposed or to be imposed by any Act of the Legislature of 
 
 these Islands, who shall hold his office during pleasure, and that before 
 
 any such Assistant Keceiver General shall enter upon the execution of 
 
 his office, he shall take and subscribe the following oath before the 
 
 said Governor, (to wit.) 
 
 HiB Oath. " Ij A. B. appointed Assistant Keceiver General for the Port of St. 
 
 George, do swear that I will truly and faithfully discharge the trust 
 reposed in me, as such Assistant Receiver General to the best of my 
 ability : that t will not issue, dispose of, apply, or cause to be issued, 
 disposed of, or applied, any monies that may hereafter come into my 
 hands as such Assistant Receiver General, otherwise than is or shall 
 be directed by some Act of the Legislature ; and will keep true and 
 faithful accounts of all monies or effects that may come into my pos- 
 session, or shall be issued and paid by me by virtue of the said Office, 
 with the times of my receiving and paying the same, — and that I wiU. 
 not be engaged directly or indirectly in Trade, while I shall hold the 
 said Office — 
 
 " So help me God ! " 
 
 His Bond, And every such Assistant Receiver General shall before he enters 
 
 ureties. ^^p^^^ |.jjg exccutiou of his officc, give a Bond, with two good and suffi- 
 cient Sureties to Her Majesty, Her Heirs and Successors in the sum of 
 One Thousand Pounds, of lawful money of these Islands, with condition 
 as follows, Yizt. : 
 
 Condition of " The Condition of the above obligation is such, that if the above 
 their Bond, j^g^jjjg^j shall truly and faithfully to the best 
 
 of his knowledge and ability, execute the office of Assistant Receiver 
 General for the Port of Saint George ; and shall once at least in every 
 three months pay or cause to be paid into the hands of the Receiver 
 General, or to his order, all Public monies in his hands then this 
 obligation to be void, but othervrise to remain in full force and 
 virtue." 
 
 Asst. Re- Xn. And be it, &c., that the Assistant Receiver General at the 
 
 e?Luo"h™e -P*^^* ^^ Saint George, shall have all the powers and authorities for col- 
 same power lecting the Revenue of these Islands at that Port, and securing and 
 ing Revenue enforcing the payment of the same, which now are or shall hereafter 
 George's as hc givcn to the Reccivcr General respecting the collecting the Revenue 
 GeneraT °^ thcsc Islands, Or the securing and enforcing the payment of the 
 To make up Same — ^by any Act or Acts of the Legislature already passed or here- 
 his Accounts after to be passed : and such Assistant Receiver General shall make 
 
 and pay i** i t •! t 'in 
 
 over Bai- up his Accouuts quarterly, and transmit the same, together with all 
 Sy! an^to Public monies in his hands, to the Receiver General, within ten days 
 pubuc"' at the furthest after the end of every quarter of the Tear. — And 
 money wheucvcr at any time, within any Quarter of a Year, the Public money 
 trS"^ in the hands of such Assistant Receiver General shall amount to as 
 Q^Se?° much as Two hundred pounds, he shall forthwith transmit the same to 
 the Receiver General — and for every default in any of the matters • 
 
I860.] BERMUDA ACTS. 735 
 
 required of Mm by this Section of this Act, such Assistant Eeceiver Penalty. 
 General shall forfeit and pay the sum of Fifty Pounds. 
 
 Xni. And be it, &c., that it shall be lawful for the Governor Governor to 
 from time to time to appoint by Commission under his hand and the em°offi^!r 
 Great Seal of these Islands, fit and proper persons to be Eevenue Offi- for'Hami'u" 
 cers— that is to say— one such person to be Eevenue Ofiicer at the Port srfeeorge, 
 of Hamilton— one such person to be Eevenue Officer of the Port of Sfnd'rie 
 Saint George — -and one such person to be Eevenue Officer at Ireland s*Je.»tto 
 Island: and every person so appointed shall be subject to and under GeS! 
 the orders and control of the Eeceiver General or Assistant Eeceiver 
 General of the Port for which such Eevenue Officer shall be appointed 
 to act, with respect to the out door Service of the Colonial Eevenue ; 
 and the Eevenue Officer at Ireland Island shall be subject to and 
 ander the orders of the Eeceiver General with respect to the out door 
 Service of the Colonial Eevenue ; and the said Eevenue Officer for Ire- Ireland 
 land Island, when not engaged in the duty of his office there, or at en'™ oa-"' 
 Mangrove Bay, or elsewhere, under any special Warrant from the <=«' "> ^<=' "^ 
 Governor, shall, when so required to do by the Eeceivei; General, give Hamilton, 
 his attendance at the said Port of Hamilton, and assist in the discharg- q^Sir' 
 ing or lading of Vessels and performing the other duties of the Officer 
 of Eevenue there — and every person so appointed shall have the same their pow- 
 and the like powers and authorities to search and examine Ships and ^'^' 
 Goods, and to make seizures as the Eeceiver General and Assistant 
 Eeceiver General, now are or hereafter shall be invested with by Law, 
 and shall be entitled to the same protection in the execution of their 
 duty as Constables are entitled to in the execution of their duty ; and iheir oath 
 every such Eevenue Officer, before entering upon the execution of his ^"3 ^'"■^' 
 Office, shall take an oath before the Governor, truly and faithfully to 
 discharge the trust reposed in him to the best of his knowledge, power 
 and ability ; and also before entering upon the execution of his Office 
 shall give a Bond, with two good and sufficient Sureties, to Her 
 Majesty, Her Heirs and Successors, in the sum of Four Hundred 
 Pounds, of lawful money of these Islands, with condition as follows, 
 Vizt.: 
 
 " The condition of the above obligation is such that if the above condition of 
 named shall truly and faithfully, to the ^o""- 
 
 best of his knowledge, power and ability execute the office of Eevenue 
 Officer for the Port of and in all respects shall con- 
 
 duct himself in such office in a diligent, honest, and faithful manner, 
 then this obligation to be void, but otherwise to remain in full force 
 and virtue." 
 
 And the Bonds hereinbefore required to be given by the Assistant J*""""' '° ^^ 
 Eeceiver General, Treasury Clerk, and Eevenue Officers, shall be taken coi. secre- 
 by the Secretary of these Islands, and registered in his office, and kept *^'^' *°- 
 in his custody, and the Sureties in such Bonds shall give proof of their 
 sufficiency in like manner, as hereinbefore is provided with respect to 
 the Sureties in Bonds to be given by the Eeceiver General, and in case 
 of any breach of the condition of any such Bond given by any Assist- how en- 
 ant Eeceiver General, Treasury Clerk, or Eevenue Officer, such Bond '°''''^''' 
 may be sued upon, and such and the like proceedings had therein in 
 like manner as hereinbefore is provided with respect to Bonds to be 
 
726 
 
 BERMUDA ACTS. 
 
 [1860. 
 
 given by the Eeceiver General, and the Secretary shall be entitled to 
 Secretary's reccive the Sum of Twenty Shillings for his Fees, upon every Bond to be 
 given, by any Eeceiver General or other Officer under the provisions 
 of this Act, inclusive of registering the same, and taking the necessary 
 affidavits — such Fee to be paid by the Officer giving such Bond. 
 
 Present offi- XIV. Aud bc it, &c., that the persons now respectively holding 
 subje'ct to the offices of Assistant Eeceiver General, Eevenue Officer, and Trea- 
 this Act, 4c. g^yy Clerk, to which they were appointed under some former Act or 
 Acts of the Legislature, and their Sureties, respectively, shall be and 
 continue subject to the provisions of this present Act, in like manner, 
 as if they had been appointed under this Act, and had given their 
 Surety Bonds under this Act. 
 
 Governor XY. Aud bc it, &c., that it shall be lawful for the Governor, at 
 
 offi^era't"'" *°y ^"^6 when he shall see fit so to do, to require a^ Eeceiver Gene- 
 ral or Assistant Eeceiver General or Eevenue Officer or Treasury 
 Clerk to give fresh Bonds and Securities according to the provisions of 
 this Act ; and in all the said Bonds taken under this Act, the parties 
 and their Sureties shall be bound jointly and severally. 
 
 give fresh 
 Bonds. &c. 
 
 No person 
 under age of 
 18 years to 
 be ap- 
 pointed Rev- 
 enue Officer 
 or Treas- 
 ury Clerk, 
 
 Security, 
 &c., to be 
 given by 
 persons 
 under 21 
 years. 
 
 Officers may 
 have tem- 
 porary 
 leave of ab- 
 sence, and 
 tbeir duty 
 be per- 
 formed by 
 Acting Offi- 
 cers. 
 
 Salary to be 
 divided. 
 
 Proviso. 
 
 Sond of ab- 
 sent officer 
 and bis Sure- 
 ties to re- 
 main in 
 force. 
 
 XVI. And be it, &c., that no person under the age of Eighteen 
 Tears, shall be capable of being appointed a Eevenue Officer or a 
 Treasury Clerk under this Act, and that in case any person under the 
 age of Twenty-one Years shall be appointed to be either a Eevenue 
 Officer or Treasury Clerk, then instead of such person himself giving 
 a Bond with two good and sufficient Sureties, in the Sum hereinbe- 
 fore in that behalf mentioned, it shall be sufficient for a Bond to be 
 given in respect of such Officer, by two good and sufficient Sureties, 
 to Her Majesty, Her Heirs, and Successors, in double the sum here- 
 inbefore in that behalf mentioned, and with the like condition as is 
 hereinbefore in that behalf mentioned. 
 
 XVII. And whereas it may become desirable for a Eeceiver Gen- 
 eral or Assistant Eeceiver General, or Eevenue Officer or Treasury 
 Clerk on account of temporary ill health or urgent private affairs, to 
 be permitted to leave these Islands for a limited period of time, be it 
 enacted, that in any such case it shall be lawful for the Governor to 
 grant leave of absence to any such officer for any period of time not 
 exceeding six Calendar months, and in the meantime to appoint some 
 fit and proper person to act for and perform the duty of such officer 
 during such temporary absence of the officer, which Acting Officer 
 shall take the oath of office before the Governor, and duiing such 
 temporary performance of the duties of the office, shall have the same 
 powers and authorities as the absent officer would have, if he were 
 present, and such acting Officer shall be entitled to have and receive 
 one-half of the Salary of the absent Officer, and the other half of such 
 Salary shall be payable to such absent Officer. Provided always 
 that the Bonds and Securities given by such absent Officer and his 
 Sureties shall remain in full force notwithstanding the absence of 
 such officer, and may be sued upon and enforced in case of any breach 
 of the condition by the acting Officer, in like manner as if such breach 
 had happened from the personal default of the absent Officer. 
 
I860.] BEEMUDA ACTS. 727 
 
 XVIII. And whereas from the arrival or departure of an unusual 
 number of Vessels about the same time, or from other temporary 
 causes, it may happen that the ordinary number of Revenue Officers 
 may be unable to afford reasonable dispatch in their attendance upon 
 the discharge or lading of Vessels, Be it enacted, that in any such 
 case it shall be lawful for the Beceiver General or Assistant Receiver 
 General to appoint one or more Assistant Revenue Officers (not ex- Aesistant 
 ceeding three) at any one time for the Port of Hamilton, and three oflSrmay 
 for the Port of St. George, who shall be sworn in like manner as Rev- poiXd. 
 enue Officers are sworn, and while acting as such Assistant Revenue 
 Officers shall have the like powers and authority as Revenue Officers, 
 
 and be entitled to the like protection, and every such Assistant Rev- TheUpoiv- 
 enue Officer, during the time that he actually serves in that capacity, p'^j;,^"* 
 to be certified in writing by the Receiver General or Assistant Re- 
 ceiver General, shall be entitled to receive out of the Public Treasury, 
 upon a Warrant from the Governor, tlie sum of Ten Shillings for each 
 and every day of such Service. Provided always, that no such As- p_,^ .^^ 
 sistant Revenue Officer shall be employed except a requisition in 
 writing be made by the Master, Owner of, or agent for some Ship to 
 the Receiver General or Assistant Receiver General, that some such 
 Assistant Revenue Officer should be employed. 
 
 XIX. And whereas it is necessary to define the duties of the said D^ies of 
 Revenue Officers, Be it enacted that every such Revenue Officer or J^^™'' 
 Acting Revenue Officer shall attend to the Boarding of all inward 
 
 and outward bound Vessels for the purpose of making enquiries re- 
 specting the nature of their Cargoes, and quantity of Stores, and also 
 t(j the prevention of articles being landed without due entry of the 
 same, and also to the checking of dutiable articles, and the making of 
 certified returns on an authenticated copy of Manifest previously fur- 
 nished to such Revenue Officer or Acting Revenue Officer, by the 
 Receiver General or Assistant Receiver General, and also to the ware- 
 housing of Goods, and to the delivery or shipping of the same, and 
 further that it shall be the duty of every such Revenue Officer or 
 Acting Revenue Officer at all reasonable times and hours to maintain 
 a diligent supervision at the water side, and to look after every mat- 
 ter and thing that shall in any way relate to the out-door Service of 
 the Colonial Revenue. 
 
 XX. And be it, &c., that the Receiver General and Assistant Hours of 
 Receiver General shall give their attendance at their respective Offices ^ft^e^omce. 
 on all working days, as follows : (that is to say) from the hour of ten 
 
 in the morning to the hour of four in the afternoon throughout the 
 Year ; and that the Revenue Officers, who shall have to attend to the 
 shipment or discharge of Goods in or from Ships, and the Warehous- 
 ing or delivery of Goods from the Warehouse shall give their attend- AndotRev- 
 ance to that duty, from the hour of seven in the morning to the hour r"" 
 of six in the afternoon, from the first day of April to the last day of 
 September, inclusive, in every Year ; and from the hour of eight in 
 the morning to the hour of five in the afternoon, from the first day of 
 October to the last day of March, inclusive, in every Year. And that 
 the following days and no other shall be allowed as Holidays in every 
 Year, (that is to say) Sundays, Christmas Day, and the day after 
 
 93 
 
 enue Offi- 
 cers. 
 
728 
 
 BERMUDA ACTS. 
 
 [1860. 
 
 Holidays. Christmay Day, Good Friday, the day appointed for celebrating the 
 Queen's Birthday, and every day which shall be set apart, by author- 
 ity of the Governor, as a day for a general Fast or Thanksgiving. 
 And in case of emergency arising from the leaking of any Yessel, or 
 any other cause, if the Master or Owner of, or Agent for any Ship or 
 and'how""' Vessel shall require it, the Revenue Oflaeer of the Port shall be bound 
 paid for. ^Q attend for the discharge of his duty, at all extra hours, not before 
 sunrise, nor after sunset, and with the exception of one hour at noon, 
 for refreshment or relaxation. But in such case, such Master, Owner, 
 or Agent, shall be bound to pay into the hands of the Receiver Gen- 
 eral or Assistant Receiver General of the Port Two Shillings and Six- 
 pence for every extra hour of such Revenue Officer's attendance, to 
 be paid to such Revenue Officer, in like manner as is by this Act pro- 
 vided with respect to the day pay of Assistant Revenue Officers ; and 
 in case any such Revenue Officer shall attend as aforesaid during 
 extra hours, for less than one entire hour — if such attendance be less 
 than half an hour, he shall be allowed for half an hour's attendance, 
 and if more than half an hour, but less than an entire hour, he shall 
 be allowed for an hour's attendance. 
 
 Penalty on 
 Officer ac- 
 cepting per- 
 quisites. 
 
 XXI. And be it, &c., that if any Receiver General, Assistant Re- 
 ceiver General, Revenue Officer, or other Person acting in any Office 
 or employment in relation to the collectien of the Revenue of these 
 Islands shall take or receive any Fee, Perquisite, Gratuity or Reward, 
 whether pecuniary or of any other sort or description whatever, 
 directly or indirectly, from any person on account of anything done or 
 to be done by him, or in any way relating to his said office or employ- 
 ment, except such as he shall receive under the provisions of some Act 
 of the Legislature, every such Officer or person so offending shall, on 
 And on per- proof thcrcof to the satisfaction of the Governor in Council, be dis- 
 them"'*"^"^ missed from his office, and if any person shall give, offer, or promise 
 to give, any such Fee, Perquisite, Gratuity or Reward, such person 
 
 shall, for 
 Pounds. 
 
 every such offence, forfeit the Sum of One Hundred 
 
 officers not 
 to be en- 
 
 Trade. 
 
 XXII. And be it, &c., that it shall not be lawful for the said Re- 
 ceiver General or Assistant Receiver General, Revenue Officers, or 
 Treasury Clerk to be engaged directly or indirectly in Trade, or to be 
 interested or concerned, directly or indirectly, in any commercial 
 Business whatever, connected with the Importation or Exportation of 
 Goods to or from these Islands, or the Sale of Goods, or the entering 
 or clearing of, or Agency for any Ship or other Vessel. 
 
 pubuo XXIII. And be it, &c., it shall be lawful for any person or per- 
 
 Sspected '"' ^0^^ appointed to that duty by the Governor, or bjr the Council, or by 
 and count- the Housc of Assembly, from time to time to inspect and count the 
 
 Public Money in the custody of the Receiver General or Assistant 
 
 Receiver General. 
 
 Persons XXIV. And be it, &c., that if the Receiver General or any other 
 
 thte A?t " Person shall be sued for any luatter or thing by him done in the exe- 
 
 ttie"enCTai cutiou of this Act, it shall be lawful for him to plead the General Issue, 
 
 Issue, 4c. and to give this Act and the special matter in evidence. 
 
I860.] BEEMUDAACTS. 729 
 
 XXY. And be it, &c., that this Act shall commence and come commence- 
 into operation on the first day of October in this present Year, and ™™' °' ^'"" 
 shall continue in force until and throughout the last day of Decern- Duration, 
 ber, which will be in the Year One Thousand Eight Hundred and 
 Sixty-five, and then to determine and expire. 
 
 XXVI. And be it, &c., that this Act may be altered or amended Act may be 
 by any Act to be passed in this present Session of the Legislature. ^"^"''' ""■ 
 
 I860. No. 12. 
 
 AN ACT to amend and continue the Act intituled '■'■An Act topro' 
 
 vide Remuneration from the Public Treasury of these Islands 
 
 for the discha/rge of certain additional duties imposed on certain 
 
 Officers of the JRevenue, and for other purposes connected with 
 
 such Duties.''^ 
 
 [5 October, I860.] 
 
 WHEKEAS by an Act of the Legislature of these Islands passed Preamble, 
 in the Year of Our Lord One Thousand Eight Hundred and Fifty- 
 seven, intituled " An Act to provide Eemuneration from the Public 
 Treasury of these Islands for the discharge of certain additional duties 
 imposed on certain officers of the Revenue, and for other purposes 
 connected with such duties," certain Salaries are provided for the dis- 
 charge of the duties of the offices of Controller of Customs and Navi- 
 gation Laws at the Ports of Hamilton and Saint George by the Officers 
 respectively discharging the said duties ; and whereas since the ap- 
 
 J ointment of the present Receiver General on the Eighth day of 
 une, in the Year One Thousand Eight Hundred and Fifty-nine, the 
 duties of the said Office of Controller of Customs and Navigation 
 Laws at the Port of Hamilton have been discharged by the said Re- 
 ceiver General, and the duties of the said Office at the Port of Saint 
 George have, since the Year One Thousand Eight Hundred and Fifty- 
 seven been performed by the Assistant Receiver General of the last 
 mentioned port ; and whereas it is expedient to continue to the said 
 Officers respectively the remuneration provided by the said Act, for 
 the discharge of the duties of the said offices of Controller of Customs 
 and Navigation Laws : • 
 
 I. We, therefore, &c., and be it enacted, &c., that a proportional controller 
 part of the Salary of Fifty Pounds provided by the said Act passed «' c^toma 
 in the Year One Thbusand Eight Hundred and Fifty-seven, whereof gationLawa, 
 the title is above recited, for the discharge of the duties of the said tofeeSve™' 
 office of Controller of Customs and Navigation Laws at the Port of f^f^X 
 Hamilton shall be paid to the said Receiver General at the rate afore- arrears from 
 said, from the said Eighth day of June, in the Year One Thousand i859.™°' 
 Eight Hundred and Fifty-nine, when he began to discharge the said 
 duties, and whilst he shall continue to discharge such duties he shall 
 receive the Salary of Fifty Pounds, in equal quarterly payments, as 
 mentioned in the said Act, and the said Assistant Receiver General of 
 
730 
 
 BERMUDA ACTS, 
 
 [1860. 
 
 and'Na"v. ^^^ ^0^* ^^ ^aiiit Geopge shall continue to receive the said Salary of 
 
 aloT ft' Thirty Pounds, provided by the said Act, whilst he shall continue to 
 
 reTelve'lso discharge the duties of the Office of Controller of Customs and Navi- 
 
 per annum. 
 
 gation Laws at the said Port of Saint George. 
 
 II. And be it, &c., that instead of the Fee of Twenty Shillings 
 provided by the Fifth Clause of the said Act passed in the Year One 
 
 Fee for ad- 
 measuring 
 Vessels to ^ „ 
 
 stefd'oi^aos Thousand Eight Hundred and Fifty-seven, for admeasuring any Vessel, 
 ' the Fee for that Service shall be Forty Shillings. 
 
 Duration, 
 
 III. And be it, &c., that this Act shall be and continue in force 
 until and throughout the last day of December, which will be in the 
 Tear of Our Lord One Thousand Eight Hundred and Sixty-five. 
 
 1860. No. 13. 
 
 AN ACT to authorise an Increase to the Salaries respective^ ofthe 
 Keeper of the Gaol in the Town of Hamilton^ and the Mead 
 Police Constable of the Town of Saint George. 
 
 [6 October, 1860.] 
 
 Salary of 
 present 
 Gaoler at 
 Hamilton to 
 1)6 £85. 
 
 WHEREAS the Act intituled " An Act in addition to the Act for 
 the regulation of the Public Gaols," was passed by the Le^slature of 
 these Islands, in the Year of Our Lord One Thousand Eight Hundred 
 and Thirt3''-eight, for a limited period of time, and has since been con- 
 tinued for further periods of time and still is in force, whereby Sala- 
 ries are allowed to the Keepers of the'Gaols and Matrons, and to the 
 certain other persons therein named ; and in consideration of the faith- 
 ful Services of William John Barrett, as keeper of the Gaol at the 
 Town of Hamilton for the last Seven Years, previously to which he 
 served as Police Constable in the Town of Hamilton for the term of 
 Eight Years, it is expedient to make some addition to his Salary as 
 such Keeper : 
 
 I. We, therefore, &c., and be it enacted, &c., that during the 
 continuance of this Act, the Salary of the said Keeper of the Gaol of 
 the Town of Hamilton, shall be Eighty -five Pounds per annum, instead 
 of the annual sum of Sixty Pounds allowed by the said Act passed in 
 the Year One Thousand Eight Hundred and Thirty-eight, which said 
 Salary granted by this Act shall be paid to the said Keeper of the 
 Gaol of Hamilton, out of any unappropriated moneys in the Public 
 Treasury of these Islands in four equal Quarterly payments, during 
 the continuance of this Act, the first of such payments to be computed 
 from the first day of October in this present Year, and that a rateable 
 proportion of such quarterly allowance be paid for any portion of a 
 quarter of a Year, for which the duty of the said Office may be per- 
 formed, upon a Warrant from the Governor of these Islands, and upon 
 producing to the Receiver General of these Islands such a Certificate 
 as is in that respect mentioned in the said Act, and that such Keeper 
 
I860.] BERMUDA ACTS. 731 
 
 is not to be allowed or to receive any other perquisite or emolument 
 whatsoever, or in any other way whatsoever for or in respect of his 
 duty and Office as keeper of such Gaol. 
 
 II. And whereas George Boyle, the Head Police Constable of the salary of 
 Town of Saint George in these Islands has faithfully and satisfactorily K'poiice 
 performed the duties of that Office for the term of Thirteen Years, and ^t'^e'eorge"' 
 it is deemed expedient to make some addition to his Salary as such to'bsm. 
 Constable, be it enacted, that during the continuance of this Act the 
 Salary of the said Head Police Constable of the said Town of Saint 
 George shall be Sixty-five Pounds a Year, instead of the annual Sum 
 
 of Fifty Pounds allowed to the Head Police Constable of that Town 
 by the Act of the Legislature passed in the Year One Thousand Eight 
 Hundred and Forty-four, intituled, " An Act for improving the Police 
 in and near the Towns of St. George and Hamilton, and for other 
 purposes," which said Salary granted by this section of this Act shall 
 be paid to the said Head Police Constable, out of any unappropriated 
 monies in the Public Treasury of these Islands, in four equal quarterly 
 payments, up to and inclusive of the last days of March, June, Sep- 
 tember and December in every Year, during the continuance of this 
 Act, (the first of which payments to be computed from the First day 
 of October in the present Year) upon his producing to the Receiver Gen- 
 eral a Certificate from the Police Magistrate of the Town of St. George, 
 certifying such Head Police Constable to have resided as is required 
 by the said Act of One Thousand Eight Hundred and Forty-four, and 
 diligently and faithfully to have performed the duties prescribed to the 
 Head Police Constable of the Town of Saint George by the said Act, or 
 any Act or Acts in amendment thereof during the period of time com- 
 prised in such certificate, and upon a Warrant from the Governor for 
 such payments, and that a rateable proportion of such Salary be paid 
 for any portion of a Quarter of a Year, for which the duty of the said 
 office may be performed by the said Head Police Constable, upon a 
 corresponding Certificate and Warrant. 
 
 III. And be it, &c., that this Act shall be and continue in force Duration 
 until and throughout the last day of December, which will be in the 
 Year of our Lord One Thousand Eight Hundred and Sixty -five, and 
 
 then to determine and expire. 
 
 1860. No. 14. 
 
 AN ACT to Provide for the Establishment of a Mail between these 
 Islands and the United Kingdom by way of New York. 
 
 [11 October, I860.] 
 
 WHEEEAS it is deemed expedient to make provision for the es- preamble. 
 tablishment of a Mail between these Islands and the United Kingdom, 
 and vice versa, by way of New York, (partly by private ships, and 
 partly by the regular British or North American Mail Packets) sub- 
 ject to the regulations which have been or shall be made for that 
 
782 
 
 BERMUDA ACTS 
 
 [1860. 
 
 A monthly 
 Mail be- 
 tween Ber- 
 muda and 
 the tj. K. to 
 be conveyed 
 by way of 
 New York, 
 subject to 
 regulations 
 ofH. M.'s 
 Post Master 
 General, 
 and of this 
 Act. 
 
 Post Master 
 at Hamilton 
 to make up 
 and for- 
 ward Mails 
 sent under 
 this act, 
 and also re- 
 ceive and 
 issue Mails 
 received 
 under this 
 Act. 
 
 purpose by Your Majesty's Post Master General with the Govern- 
 ment of the United States, and subject also to the proyisions of this 
 Act. 
 
 I. We, therefore, &c., and be it enacted, &c., that from and after 
 the time when this Act shall commence and go into operation, there 
 shall be, and there hereby is established a Mail in each Calendar 
 Month between these Islands and the United Kingdom, and vice versa, 
 to be conveyed by way of ISTew York in the United States of America, 
 partly by private ships between that port and the Port of Hamilton 
 in these Islands, and partly by the regular British or North American 
 Mail Packets between the United Eangdom and the United States 
 of America, in the manner, and subject to the rules and regulations 
 which have been or hereafter shall be made for this purpose by Your 
 Majesty's Post Master General with the Government of the United 
 States or otherwise, and also subject to the provisions of this Act. 
 
 n. And be it, &c., that it shall be the duty of the Post Master 
 at the Town of Hamilton in these Islands, once in every Calendar 
 Month to make up a Mail for the United Kingdom, and to forward the 
 same at such period of the month as shall be directed by Your Majes- 
 ty's Post Master General to the Post Office at the said Port of New 
 York, in a Sealed Bag, legibly marked " Mail for the United King- 
 dom via New York," by any private ship or vessel which shall be 
 about to sail for that port, and shall* be deemed eligible for that pur- 
 pose, for transmission to the United Kingdom by the regular British 
 or North American Mail Packets between the said United States and 
 the United Kingdom, and it shall also be the duty of the said Post 
 Master at Hamilton to receive and issue all Mails conveyed to these 
 Islands in manner aforesaid from the United Kingdom by way of New 
 York, under the regulations aforesaid, and under the provisions of this 
 Act. 
 
 HI. And be it, &c., that it shall be the duty of every British sub- 
 ject being the Master of a private ship or vessel, bound to and about 
 to sail to New York aforesaid, when required by the Post Master at 
 Hamilton aforesaid, and the amount of the Ship Letter rate due upon 
 such Mail under the provisions of this Act being paid or tendered to 
 such Master, to receive and take charge of any such Mail as aforesaid, 
 "dSfe's'^and ^^^ ^'^ deliver the same at the Post Office at New York aforesaid, im- 
 penalties mediately on his arrival there, for which service the said Master shall 
 tera'dSa, be entitled to receive as a gratuity the sum of one penny for each and 
 tothi^MTii. every letter contained in any such Mail, and one penny, for each and 
 every newspaper therein contained, provided if such gratuity for any 
 one Mail at the rate aforesaid shall not amount to the sum of Ten 
 Shillings that the said Post Master shall pay or tender to the said Ship 
 Master the sum of Ten Shillings for performing the Service required 
 by this Act, and if any such Ship Master shall refuse or wilfully 
 neglect to receive or forward any such Mail, such Ship Master shall 
 for every such default forfeit and pay a Sum not less than Three 
 Pounds and not more than Four Pounds of lawful money aforesaid, 
 to be sued for and recovered by the Post Master of Hamilton in like 
 manner as fines and forfeitures are made recoverable by the Act relat- 
 
I860.] BERMUDA ACTS. 733 
 
 ing to Post OflBces, passed in the Year One Thousand Eight Hundred 
 and Porty-six, or any Act in amendment thereof. Provided that 
 nothing in this clause contained shall be construed to exempt any such 
 Master from liability to any person for any loss sustained by such per- 
 son by reason of the default or neglect of such Master to fulfil the 
 duties imposed on him by this Act. 
 
 lY. And whereas letters forwarded by way of New York are Rates and 
 liable to a transit rate of Postage payable to the Post Office there, and STof 
 also to a Ship letter rate of postage payable there to the Masters of [etJefslnd 
 Yessels conveying Mails between these Islands and New York, and in Newspapers 
 order to facilitate the arrangement proposed to be made by this Act, B™mud" 
 it is expedient that the transit rate and ship letter rate of postage on a"?.^'*'^ 
 all letters to be forwarded by the Mails established by this Act, be 
 paid at these Islands, together with the Imperial Postage thereon, be 
 it enacted that on each and every letter not exceeding half an ounce 
 in weight, to be forwarded by way of New York from these Islands 
 in the manner aforesaid, there shall be prepaid, at the time of post- 
 ing the same, at either of the Post Offices at Hamilton or St. 
 George's in these Islands, the Sum of Nine Pence of lawful Sterling 
 money of these Islands, including the said transit and other rates, 
 and a similar sum for every additional half ounce or fractional 
 part thereof in weight, and that a rate of One Penny of like 
 lawful Money shall be prepaid on each Newspaper forwarded by 
 the said Mails, in addition to any rate imposed thereon by any other 
 Act. ^ 
 
 V. And be it, &e., that on each and every Letter not exceeding ^^^"^l^*'- 
 half an ounce in weight received in these Islands by way of New Newspapers 
 York from the United Kingdom, forwarded in the manner aforesaid, Be°mldir' 
 under this Act, and on which the postage has not been prepaid, there ^"t^^^^^^t 
 shall be paid, at the time of issuing the same, at the Post Office in prepaid, 
 these Islands, the Sum of Nine Pence of sterling money aforesaid, in- 
 cluding the said transit and other rates, and a similar Sum for every 
 additional half ounce or fractional part thereof in weight ; and for each 
 and every Newspaper not prepaid the Sum of One Penny of like law- 
 ful money. ' 
 
 Provided, that if any part of such rate of Nine Pence per half Proviso. 
 ounce shall have been prepaid in the United Kingdom upon any 
 letter received in these Islands by way of New York from the United 
 Kingdom in the manner aforesaid, then only the difference between 
 the rate chargeable by this section of this Act and the Amount so pre- 
 paid shall be chargeable or payable on such letter. 
 
 YI. And be it, &c., that it shall be the duty of the respective p„st Mas- 
 Post Masters and Assistant Post Masters of these Islands to carry into t^^^^s. ^d^ 
 effect the regulations respecting the said Monthly Mail contained in p°s' Mas-^ 
 this Act, or which shall from time to time be made and communicated ryther^gu- 
 to the said Post Masters or Assistant Post Masters, or either of them, ""■'""'' ™'" 
 by or under the authority of Your Majesty's Post Master General. 
 
 YH. And whereas by direction of Your Majesty's Governmenta 
 certain portion of the Postage to accrue under this Act, is to be paid 
 
 latioDB into 
 effect. 
 
734 
 
 BERMUDA ACTS. 
 
 [1860. 
 
 Receiver into the public Treasury of these Islands, Be it enacted that it shall be 
 recefvesums lawful for the Receivsr General of these Islands to receive into the 
 ooMai""" Pnhlic Treasury any sum or sums of money which may become so 
 uidCT^this payable, and that the money so received shall be to Her Majesty, Her 
 Act. Heirs and Successors, for and towards the Public Kevenue of these 
 
 Islands to be applied to and for such objects as have already been or 
 may hereafter be by the Legislature authorized and directed. 
 
 Saspending 
 Clause. 
 
 yni. And be it, &c., that this Act shall commence in operation 
 as soon as Her Majesty's Royal assent shall be had and received in 
 these Islands, and made known by Proclamation of the Governor of 
 these Islands, and shall continue in force until and throughout the last 
 day of December, which will be in the Year of Our Lord One Thou- 
 sand Eight Hundred and Sixty-five. Provided nevertheless, that if, 
 during the continuance thereof, arrangements shall be made respecting 
 the said additional Mail by way of iT ew York, under the authority of 
 Your Majesty's Post Master General at variance with any of the pro- 
 visions of this Act, the operation of such provisions of this Act shall 
 thenceforth immediately cease and determine, any thing herein to the 
 contrary notwithstanding. 
 
INDEX. 
 
 ABATEMENT OF SUITS, to prevent, in certain cases, 165. 
 Pleas in, to be supported by affidavit, 45. 
 Pleas in, for non-joinder, not allowable in certain cases, 240. 
 » nor for misnomers, 241. 
 
 Misjoinder or Non-joinder of parties in Actions in certain cases to be taken 
 advantage of, only on plea in abatement, 188. 
 ACCESSARIES, Aiders and Receivers, 253, 292, 317, 318. (See Receivers.) 
 
 may be tried before, with or after principals, 253. 
 ACCOUNT, in matters of. Evidence of parties and their Executors and Administrators, 
 admissible, 116, 117. 
 Actions of, maintainable against Executors, Joint-tenants, &c, 47. 
 ACTS OF ASSEMBLY. (See Assembly.) 
 ADMINISTRATION. (See Intestates' Estates.— Executors.) 
 ALARMS, penalty on giving false alarms of invasion, 11. 
 ALIENS, method of naturalizing within this colony, 651. 
 
 children of natural born mothers, to be capable of taking real or personal 
 
 estate in Bermuda, 651. 
 subjects of friendly state, may hold personal property, and also lands for 
 
 residence, or manufacturing purposes, for twenty-one years, 651. 
 women, married to natural born subjects, or naturalized persons, to be 
 deemed naturalized, 653. 
 ALIMONY, may be decreed by Court of Chancery, in certain cases, 636. 
 AMENDMENT, of variances in evidence on trials at Law, 562, 563. 
 of defects in proceedings in Court of General Assize, 645. 
 APPEALS, not to be granted from the Common Law Courts, until costs be paid or 
 secured by appellants, 13. 
 to H. M. in Council from Court of Chancery not to be granted, until costs 
 
 paid, 13. 
 from Courts of Common Law, to Governor and Council, or Chancery, abol- 
 ished, 100. 
 to, and from the Court of Errors, regulated, 112. 
 
 from Chancery to H. M. in Council, only allowed on final Decree, and when 
 value exceeds £500, and craved within fourteen days, and security given : 
 except in special cases to be allowed by the Crown, 274. 
 in apprentice cases to the Sessions, to be final, 514. 
 
 in Attachment suits, 465, and in Civil Suits before Justices of the Peace, 555. 
 APPRENTICES. (See Acts of 1834, No. 5—1841, No. 11—1848, No. 18—1857, 
 , No. 18.) 
 
 Churchwardens to bind out children of the poor, as apprentices, 54, 211. 
 how bound to sea-service, 211, or as servants, 220. 
 disputes between them and their masters, determinable summarily, 212 to 
 
 217. 
 maintenance and clothing of, may be recovered summarily, 212. 
 Registry of parish apprentices to be kept by overseers, 2l7. 
 Parents (and on their default, overseers) may bind out children as appren- 
 tices or servants, 219. 
 Education and religious instruction of Apprentices and bound servants, to be 
 allowed by Masters, 220. 
 93 
 
736 INDEX. 
 
 APPRENTICES— continued. 
 
 Pauper apprentices not to be bound to husbandry or manufacture of colonial 
 
 produce, 350. 
 not to be bound, without their own consent, if 16 years old, 350. 
 no feinale to be bound, beyond 18 years of age, 350. 
 no apprentice to be assigned, 351. 
 Appeals to the Sessions, only after notice and security, 514. 
 
 to be final, 514. 
 Depositions taken before Justices, admissible at Sessions in certain cases, 
 514. 
 ARSON, and attempts at Arson, how punishable, 313, 314. 
 ASSAULTS AND BATTERIES, punishable summarily, 272. 
 
 summary punishment for, or dismissal of complaint, to bar other proceed- 
 ings, 273. 
 felonious, and attempts at, 290, 291. 
 on Revenue OflBcers, in execution of their duty, 293. 
 Conviction of, on Indictment for felony, 292, 586. 
 
 with intent to rob, on Indictment for robbery, .585. 
 ASSEMBLY. (See Acts of 1690-91—1789—1884, No. 2—1850, No. 11—1858, 
 No. 9.) 
 duration of, 382. 
 
 continuance of, after demise of the Crown, 28. 
 Strangers not eligible to, until after five years' residence, 89. 
 Acts of, before 1691, repealed, 1. 
 
 to be registered in each Tribe, 9. 
 
 titles and duration of, to be published in the newspapers, 165. 
 when to commence in operation, 175. 
 compilation of, up to the end of the year 1860, 707. 
 Members of, four to be chosen for each Tribe, 9. 
 
 Elections of, to be held elsewhere than at churches, 557. 
 
 mode of Elections of, 60, 89, 668. (See Acts of 1789, 1834, 1850, 
 
 1858.) 
 property qualification of, and of voters for, 61, 62, 207. 
 Aliens naturalized under Act of 1857, incapable of being mem- 
 bers, 651. 
 hours for keeping open Election meetings, 668. 
 days and hours for taking polls at Elections, 668. 
 and for nominating candidates, 668. 
 
 no fl'eeholder admissible to poll a second time, at same Elec- 
 tion, 668. 
 Election Writs, issued during Session, when returnable, 669. 
 If returning officer be disabled, Writ to be indorsed to neighbour- 
 ing Justice, 669. 
 privfiege of members, in civil suits, 163. 
 penalty on fraudulent Conveyances for Election of, 63. 
 ASSESSMENTS. (See Parish Rates.) 
 
 ASSISTANT COLONIAL SECRETARY, his appointment, powers, and Salary, 696. 
 ATTACHMENT of personal property of absent Debtors. (See Acts of 1847, No. 11 
 —1854, No. 4— and 1859, No. 12.) 
 procedure in, 460. 
 
 form of Writ, how tested, served, and returnable, 460, 461. 
 no attachment suit, when Defendant never hath been in Bermuda, 679. 
 in whose hands. Goods, &c., may be attached, 465. 
 Interrogatories to Garnishee, 466. 
 
 Garnishee, refusing to obey Writ, may be imprisoned, 461. 
 may pay demand and be discharged, 462. 
 protection of, in payments, 463. 
 time allowed to, for payment, 462, 463. 
 to attend trial, or before Commissioners, 462, 463, 464. 
 may retain and set off Debt due to himself, 463. 
 when he may recover costs, 464. 
 
 may authorize appearance and defence for Defendant, 465. 
 Vessel attached may be released on security, 462. 
 and so may cargo, 680. 
 
INDEX. 737 
 
 ATTACHMENT— continued. 
 
 Trial of Cause in, 462. 
 
 to proceed, notwithstanding arrival of Defendant, or expiration of 
 
 Act, 466. 
 special Court for, on application of Garnishee, 465. 
 Juror's and Constable's pay, at special Court, 465. 
 if property be attached within six months after departure of Defend- 
 ant, no trial or judgment to be had, until expiration of the six 
 months, unless Garnishee, being about to depart, apply for special 
 Court, 679. 
 Execution of Judgment in, 462. 
 
 not to issue within the six months, 465. 
 security to be given, before issuing, 464. 
 Security Bonds assignable, 464. 
 
 Defendant or Garnishee, unjustly aggrieved, may recover compensation, 464. 
 Appeals allowed, 465. 
 
 perishable and other Goods attached, may be sold by order of Court, 616. 
 ATTORNIES. (See Courts.— Court of General Assize.— Pleading.) 
 admission of, in Common Law Courts, 189. 
 to give security when bringing suits for absent persons, 12. 
 AUDITORS in Actions of Account may administer oaths, and receive allowances, 47. 
 BAIL, on arrest, under Writ in which cause of Action is not expressed, 47. 
 special, in civil Actions, 111. 
 
 admitted by Justices of the Peace, on criminal charges, 250, 583. 
 BASTARDY, proceedings in case of, and punishment for, 16. 
 BERMUDA LIBRARY AND MUSEUM. (See Library.— Museum.) 
 BERMUDA FLOUR AND BREAD COMPANY, incorporated and estabUshed, 285. 
 BIGAMY, punishment for, 292. 
 BIRDS, punishment for stealing, 311. 
 
 BOATS, penalty for unlawfully removing from their mooring places, 7. 
 or taking away their furniture, 7. 
 
 stealing goods from, in any port of Entry, how punishable, 309. 
 BOAZ AND WATFORD ISLANDS, to prevent improperly carrying Liquors to, or 
 
 to the Convicts there, 611, 671. 
 BONDS and Obhgations, made assignable, 51. 
 
 discount of payments and set oflF, before notice of assignment, to be allowed, 51. 
 BOUND ARIES OF LAND, penalty on illegally removing marks of, 6. 
 
 mode of ascertaining, when disputed, 58. 
 BREAD, regulating sale of, 673. 
 
 to be sold only in loaves of certain weights, and stamped, 673. 
 
 dealers in, to keep scales and weights, and to weigh bread when required, 
 
 674. 
 Churchwardens and Constables may weigh bread offered for Sale, and seize 
 it when deficient, &c., 674. 
 BRIDGES, at the Ferry, the Flatts and Somerset, to be kept in repair, and the ex- 
 pense paid out of the Public Revenue, 8. 
 (Flatts) tax on raising, 52, 73. 
 BUGGERY, and attempts at, how punishable, 382. 
 BUILDINGS, riotously demolishing, how punishable, 314. 
 Public, Colonial. (See Public OflBces.) 
 Inspector of, his duties and salary, 713. 
 
 at St. George's. (See Public OfBces at St. George's), 341, 595. 
 Causeway, between main Island and St. George's. (See Causeway.) 
 at Hamilton. (See Public OflBces at Hamilton.) 
 
 for Sessions' House, 355. 
 at Mount Langton. (See Governor's House.) 
 at St. John's Hill. (See Naval Commander-in-Chief) 
 BURGLARY, and attempts at, how punishable, 307, 308. 
 BURIAL OF CORPSES, within Churches, prohibited, 167. 
 in St. George's Churchyard, prohibited, 618. 
 
 within certain distances from outer walls of Churches, prohibited, 204, 205. 
 in the Town of Hamilton, prohibited, 648. 
 BUTTON WOOD, penalty for destroying, 6. 
 CATTLE and Horses, stealing, how punishable, 311. 
 
738 INDEX. 
 
 CATTLE and Horses— continued. 
 
 maliciously killing or maiming, 311, 314. How punishable, 716. 
 cruelty to, penalties on, 493. Constables to enforce the law, 698. 
 CAUSEWAY between St. George's and Main Island of Bermuda, for taking uplands 
 
 for, and constructing, 547. 
 CEDAR TREES, penalty for destroying on the public lands, 12. 
 
 to prevent destruction of, by trespassers and tenants, and unauthorized sale 
 
 of Cedar fuel, 178, 179. 
 Constables to enforce the law, 677. 
 CENSUS, enactments for taking a Census in 1861 of the Population, Houses, agricul- 
 tural Stock and implements. Vessels and boats building, and'also of the 
 agricultural produce in the preceding year, 708. 
 CERTIORARI WRITS, regulating, 121. 
 
 not allowed on certain summary convictions of larceny, &c., 821. 
 nor, from decisions of Sessions on appealain Apprentice cases, 514. 
 CHANCERY. (See Courts.— Partition of Real Estate.— Alimony.) 
 CHILD, concealing birth of, 291. 
 CHIMNEY SWEEPS, Corporation of Hamilton empowered to licence and regulate, 
 
 there, 576. 
 CHURCH, in Warwick parish, for aid in building a new one on or near the site of the 
 
 old one, 175. 
 CHURCH PEWS. (See Pews.) 
 
 CHURCH- WARDENS, penalty for not serving when elected, 72. 
 ^ property qualification of, and of voters for, 208. 
 
 to be Overseers of the Poor, 53. 
 with consent of Justices and Vestry, to relieve the Poor out of parochial 
 
 money, 53. 
 to bind poor children as apprentices, 53, 54, 211, 220. 
 to recover parish Assessments, 33. 
 
 to be accountable for whole amount of Assessment, which is not irrecover- 
 able, 73. 
 to enforce law about weights and measures, 414. 
 about sale of bread, 674. 
 about liquor shops, 545. 
 to receive sums payable for liquor shop licence.s, 542. 
 CIVILIANS in civil departments of H. M. Naval or Military Service at Bermuda not 
 
 to quit, without notice, in time of danger, 424. 
 CIVIL SUITS before Justices of the Peace, 
 early Acts relating to, repealed, 551. 
 
 trespasses not exceeding 24«,, and debts not exceeding £10, recoverable in 
 (552), when not involving questions of title to lands, &c., or Wills, &c., 
 553. 
 debts and trespasses not exceeding certain amounts to be sued for only before 
 
 Justices of the Peace, 533, 553, 592. 
 Justices to record their proceedings, 554. 
 
 Constables' fees, and allowance to Plaintiffs from distant parishes, 554. 
 mutual debts may .be set off, 554. 
 
 allowance to, and discharge of insolvent prisoners, under, 554. 
 Appeals to the Court of General Assize, 555. 
 
 when to be deemed abandoned, 532, 555. 
 No Certiorari where appeal lies by Writ of Error, 555. 
 Nor exemption of OflBcers of Superior Courts, except on certain days, 555. 
 parish rates recoverable before Justices of parish where the rate is made. 
 
 556. 
 penalties formerly recoverable under repealed Acts, recoverable under this, 
 
 556. 
 proceedings not to be quashed for want of form, 556. 
 protection of persons acting under the Act, 556. 
 when Justice of the parish is interested, or disabled by illness, neighbouring 
 
 Justices to act, 592. 
 party succeeding on appeal to recover costs, 592. 
 
 immediate execution may be issued against parties leaving the Colony, ex- 
 cept against the person or clothing, &c., of sailors, 617. 
 suits for petty debts and trespasses suable before Justices not to be brought 
 in Court of General Assize, 538, 593. 
 
INDEX. 739 
 
 CIVIL SUITS— continued- 
 Appeals in, to be deemed abandoned, if Writ of Error not sued out in thirty 
 days, 532, 555. 
 CLEEGY, benefit of, abolished, 251. 
 
 parochial, yearly revenue of the Ministers of St. George's and of the country 
 
 parishes, 10. 
 (of St. George's parish) Stipend of, increased, 25, 162. 
 parishioners may settle additional Salaries upon, 64. 
 Pew-rents applicable for stipends of, 33. 
 
 increasing their number and stipends, and dividing the eight parishes West- 
 ward of the Ferry into four Livings, 158. 
 stipends out of the Treasury to be paid quarterly, 162. 
 but not without the Governor's warrant, 540. 
 CLERKS and Servants, depredations by, how punishable, 316. 
 CLERK OP THE COUNCIL, salary settled on, 539. (See, also, Act of 1861, No. 
 
 10.) 
 CLERK OF THE ASSEMBLY, salary settled on, 539. (See, also. Act of 1861, No. 
 
 10.) 
 COINS. (See Acts of 1707, 1787, 1793, 1841.) (See Currency.) 
 Current value of certain foreign gold coins fixed, 15. 
 Value set on all foreign gold coin current here, 54. 
 Copper coin, for issuing, &c., 78, 79. 
 
 British copper, silver, and gold coins, to circulate here at the same value as in 
 the United Kingdom, 848. 
 (And other British coins, by Act of 1861, No. 3.) 
 Doubloons and Dollars, and their parts, to circulate here at certain specified 
 values, 349. 
 COLLEGE in Devonshire parish. (See School.) 
 
 COLONIAL SECRETARY (Assistant), his appointment, powers, and salary, 696. 
 COMMISSIONERS OF ROADS. (See Roads.) 
 
 ' how described in Indictments for steaHng from them, 323. 
 COMPILATION of the Laws up to the end of the Year 1860, 707. (See Appendix.) 
 CONSTABLES, penalty on, for not serving when chosen, 73. 
 qualification of voters for, 208. 
 Statutes for their protection, adopted, 121. 
 
 their pay for attending the Courts, 166. Increased from St. George's, 606. 
 their fees. (See Fees.) 
 of Police. (See Police.) 
 specially required to enforce the Laws relating to liquor shops, 545. 
 
 Cedar trees, 677. Weights and measures, 414. Cruelty to Cattle, 
 698. Sale of bread, 674. Escaped Convicts, 172, 455. Certain 
 police offences, 535. 
 CONTINGENT REMAINDERS in land, not to be hereafter created, 410. 
 CONTINGENT and executory interests assignable by Deed, 410. (See Transfer of 
 
 Property.) 
 CONVICTS transported hither from Great Britain, &c. (See Acts of 1830, 1845, No. 
 7_1846, No. 11—1858, No. 11— and 1858, No. -12.) 
 persons so received and treated here, to be prima facie deemed such, 171, 415. 
 persons transported hither from other parts of H. M. Dominions, or remain- 
 ing here after expiration of term of transportation, as to offences by them 
 committed here, to be deemed convicts transported, &c., 171. 
 under special circumstances, not to be discharged on Habeas Gorpus, 171. 
 found at large, may be carried back to Convict Establishment, until remov- 
 able, 172, 454. 
 penalty on discharging them here, 172. 
 
 detained here, after expiration of Sentence, to be held in custody at the Con- 
 vict Establishment, but not at hard labour, 455. 
 penalty on conveying liquor to them, at Ireland Island, and other places, 671. 
 upon conviction here, may be sentenced to further term of labour here, 467. 
 or of penal servitude here, 673. 
 CONVICTIONS SUMMARY, to facilitate proceedings for, 406. 
 terms of imprisonment under, 518. 
 • for minor offences, of Larceny and malicious injuries to property, 317 to 
 821, 322. 
 
740 INDEX. 
 
 COPYRIGHT. Duty on importation of reprints of British books, of which the Copy- 
 right is protected, 496. 
 Duty, to be collected and remitted to London, 496. 
 penalty on illegally importing, or having such reprints, 497/ 
 COSTS OF SUIT, to be paid or secured on appealing from judgments at Common 
 Law, 13. 
 to be paid before appealing to the Queen from Chancery, 13. 
 Security for, to be given by attomies bringing suits for absentees, 12. 
 Security for, to be given in Ejectment Suits by Plaintiffs and Defendants, 223. 
 not to exceed the Damages in certain actions for Slander, 44. 
 no Injunction to restrain legal proceedings, except Costs be first paid, 13. 
 payable by executors and administrators, in certain cases, 186. 
 
 by Plaintiff, neglecting to prosecute his Suit, 188. 
 in Revenue Suits, when recoverable by and against the Crown, 659. 
 of taking evidence under Commission, or Order, to be Costs in the cause, 
 
 unless otherwise ordered, 679. 
 rate of fees to be allowed in. (See Fees.) 
 COUNCIL LEGISLATIVE, privilege of members of, in civil Suits, 163. 
 COUNSELLORS, admission of, in the Courts, 189. 
 
 allowed to prisoners tried for felony, &c., 639. 
 COURTS OF JUDICATURE. (See Abatement, Amendment of the Law, Attach- 
 ment, Criminal Justice, Fines and Recoveries, Judgments, Pleading, 
 Practice.) 
 to be held at Hamilton, instead of St. George's, 103. 
 early Acts relating to, repealed, 109. 
 COURT OF CHANCERY, how constituted, 117. 
 
 Appeals from, to H. M. in Council, regulated" 274. 
 Appeals to, from Courts of Common Law, abolished, 100. 
 Oral examination of Witnesses in, under Order, &c., allowed, 697. 
 Writ of Execution, for enforcing payment of money, 598. 
 Summary Partition by, of undivided real Estate, 631. 
 may decree Alimony in certain cases, 636. 
 COURT OP ERRORS, established and regulated, 112. 
 
 Appeals from, to H. M. in Council, 112. 
 COURT OF EXCHEQUER, Jurors in, how summoned, 117. 
 
 COURT OP GENERAL ASSIZE. (See Acts of 1814, 1815, 1817, 1818, 1819, 1827, 
 1828, 1831, 1832, 1832 (Sess. 2), 1884, 1835, 1839, 1848, 1851, 1857, 1859.) 
 established, its jurisdiction, process, &c., 110, 114 to 117. 
 its seal, 116. 
 
 one of its Return Days altered, 118. 
 Terms and Return days, altered, 135. 
 Terms named and defined, 199. 
 
 to simplify and amend the procedure in, 179. (See Pleading and Practice.) 
 Assizes may be postponed for a fortnight, in case of necessity, 137. 
 Special Sessions of, for criminal matters of importance, 195, 278. 
 
 Jury at Special Sessions, how returned, 677. 
 to be held by two Assistant Justices, when the Chief Justice is a party or 
 
 disabled by sickness, 168. 
 Writs of Summons and Subpana may be served by other than white per- 
 sons, 300. 
 of Venire facias, how tested and returnable, 646. 
 may be adjourned by any one Assistant Justice, 517. 
 "absence" of the Chief Justice, defined, and when his attendance dispensed 
 
 with, 517. 
 " absence" and " unable to attend " of the Assistant Justices, defined, and in 
 
 what cases, 518. 
 allowance to the Assistant Justices for attending, 518. 
 Practice and procedure in, in Civil Cases, further amended, 641. (See Plead- 
 ing apd Practice.) 
 Fees in. (See Fees.) 
 CRIMINAL JUSTICE. (See Acts of 1836, 1838, 1845, 1848, 1852, 1857) 
 for improving the administration of, 250, 582. 
 as to taking Depositions and Bail, 250, 583. 
 taking Inquisitions, &c., 251. 
 benefit of Clergy abolished, 251. 
 punishment of Death, in what Cases, 251, 252. 
 
INDEX. 741 
 
 CRIMINAL JUSTICE— continued. 
 
 ImprisonmeWt with or without hard labour, 252, 292, 416, 590 648 716. 
 standing mute, or challenging supernumerary Jurors, 253. ' ' 
 Trial of accessaries, 258, 254. 
 Misnomers, 254. 
 
 no arrest of Judgment for certain defects of form, 254, 255. 
 Pleas of attainder, only for same oflence, 255. 
 second and subsequent Convictions, 255, 256. 
 
 on trials for Treason or Felony, not to inquire as to lands, or flight of pris- 
 oner, 255. ^ 
 Signification of certain words in Acts, 256. 
 Quakers' and Moravians' evidence on affirmation, 257. 
 "Witnesses as to forgery of Deeds and writings, 257. 
 Civil rights of felons, 257. 
 misdemeanant's evidence admissible (except when Convicted of perjury, &c.). 
 
 Repeal of certain Statutes and Acts, 258. 
 
 certain misdemeanants liable to hard labour, 292, 416, 590. 
 
 no traverse, except for sufiicient cause, 416, 589. 
 
 ofienders liable to transportation under Act of 1836, No. 11, to be imprisoned 
 
 instead of being transported, 295. 
 Prisoners liable to hard labour, may be sentenced to be fed on bread and 
 
 water only, for limited periods, 394, 648, 746. 
 Variances in Indictments amendable, 583. 
 Form of Indictments, for Murder and Manslaughter, 584. 
 
 for forgery, for embezzling, and obtaining Instruments 
 by false pretences, 584. 
 describing Instruments in writing or print, 585. 
 allegation of fraud, in Indictment, 585. 
 certain defects in, immaterial, 589. 
 for stealing, may contain Count for receiving, &c., 717. 
 formal objections to, only to be made before Jury is sworn, 589. 
 ofienders indicted for felony, may be convicted of attempts, 585. 
 
 for robbery, may be convicted of assault with intent to 
 
 rob, 585. 
 for misdemeanour, need not be acquitted on proof of fel- 
 ony, 586. 
 for embezzlement, not to be acquitted on proof of Larceny, 
 
 and vice versa, 586. 
 for jointly receiving property, may be convicted of sepa- 
 rately receiving it, 586. 
 for several larcenies in the same indictment, 587. 
 separately, as accessaries, although principal not in- 
 cluded, 586. 
 Coin and Bank notes may be described as money, 587. 
 Venue, sufiBcient to state it in margin of Indictment, except in certain 
 
 cases, 588. 
 Form of Pleas of auire-fois-conmct and autre-fois-acquit, 589. 
 persons guilty of perjury may be immediately committed, and witnesses 
 bound over, 587. 
 CROWN, demise of, not to vacate Judgments, &c., had before notification, 28. 
 nor legislative proceedings, 28. 
 
 Assembly (unless sooner prorogued or dissolved) may act for six 
 months after notification of, 28. 
 CURRENCY OF THE COLONY. (See Coins.) 
 
 and monies of Account, assimilated to those of Great Britain, 346. 
 
 former contracts and debts in currency, to be discharged at the rate of 
 
 £100 Sterling for £166.13.4 of the former Currency, 347. 
 rate of exchange in suits on contracts in Sterling money payable in the United 
 Kingdom, 181. 
 CURSING AND PROFANE SWEARING, penalty on, 3, 18. 
 CUSTOMS DUTIES, under Acts of the Imperial Parliament, repealed, 473. 
 DAMAGES for petty trespasses, recoverable before Justices of the Peace, 552, 592. 
 
 (See Civil Suits before Justices.) 
 DEATH, punishment of, for what felonies, 251, 252. 
 
 Sentence of, may be recorded in certain cases, instead of being pronounced, 302. 
 
742 INDEX. 
 
 DEBTS PETTY, recoverable before Justices of the Peace, 652^93. (See Civil Suits 
 
 DEBTORS IN PRISON, maintenance of, 159. 
 
 method of discharging, 160. (See Act of 1861, No. 16.) 
 DECLARATIONS to be received instead of Oaths, in certain matters, 301. 
 
 Deeds may be proved by, instead of by Oaths, in certain cases, 515. 
 DEEDS. 
 
 of Transfer of Property. (See Transfer of Property.) 
 
 and Conveyances by Married Women. (See Married Women.) 
 
 need not be indented, 411. 
 
 persons not parties to, may take benefit under, 411. 
 
 and writings relating to Real Estate, stealing of, 310. 
 
 proof of, when executed abroad, 182. 
 
 when executed in India, 516." 
 
 when executed in the foreign West India Islands, or U. S. of 
 
 America, 610. 
 by Declaration instead of Oath, 615. 
 
 by other than attesting witness, except in certain cases, 627. 
 DEFAMATION. (See Libel.) 
 DEMURRERS. (See Pleas and Pleading.) 
 DEPOSITIONS OP WITNESSES in Criminal Cases. 
 
 inspection and Copies of, allowed to Prisoners, 640. 
 DIET of prisoners in Gaol. (See Prisoners' Diet.) 
 DOCK YARD. (See Naval Service— Naval Yard.) 
 DOGS, penalty on owners of dogs doing mischief, 4. 
 tax upon, 190. (See also Act of 1861, No. 4.) 
 
 to be levied under Warrant from Justice, 529. 
 stealing, 311. ' 
 
 DRAINAGE OP MARSHES, in Pembroke parish, 343, 578. 
 
 the particular lands contributory thereto, described, 343. 
 Commissioners to be elected, with powers to direct drainage and make assess- 
 ments, 578, 579, 580. 
 accounts of Assessments, receipts and disbursements to be kept, and annual- 
 ly audited, 581. 
 proprietors of back lots may make water-ways to central Canal, 580. 
 penalty for injuring the works, 581. 
 
 saving of the rights of the Crown, and of all others, except the proprie- 
 tors, 582. 
 EJECTMENT SUITS. 
 
 security for Costs in, to be given by Plaintiffs and Defendants, 223. 
 tenants to give notice of, to landlords, 223. 
 Courts may suffer landlords to defend, 223. 
 
 ELECTIONS OP ASSEMBLYMEN. (See Assembly.) 
 of Parish OflBcers, 72, 208. 
 
 each parish to choose not exceeding twelve Vestrymen, an- 
 nually, 72. 
 penalties on Churchwarden or Constable refusing to serve 
 
 when elected, 73. 
 property qualification of Vestrymen and Churchwardens, and 
 of voters for them, and for Constables, 208. 
 EMBEZZLEMENT AND THEFT by Clerks and Servants, 316. 
 punishment for, 316. 
 
 several acts of, may be included in one Indictment, 316. 
 persons indicted for, not to be acquitted on proof of larceny, and vice 
 versa, 586. 
 
 ESCAPE OP PRISONERS. 
 
 punishment for aiding, 237, 298. 
 EVIDENCE, for improving the Law of. (See Acts of 1844, No. 1—1846 No 10— 
 1853, No. 3—1855, No. 2.) (See Witness.) 
 abolishing the incapacity of witnesses from crime or interest, except in cer- 
 tain cases, 380. 
 of Quakers and Moravians, admissible on affirmation instead of oath, 182, 
 
 189, 257. 
 of persons scrupling to take an oath, admissible, 625. 
 
INDEX. 743 
 
 EVIDENCE— continued. 
 
 of witness, objected to on the ground that the Judgment would be evidence 
 • for or against him, may be taken, and his name endorsed on the rec- 
 
 ord, 529. 
 of persons convicted of, and punished for misdemeanours (except perjury 
 
 and subornation), admissible, 257. 
 of parties to Suits, admissible and compellable, except in certain cases, 607. 
 of husbands and wives of parties, admissible and compellable, except in cer- 
 tain cases, 625. 
 of foreign and Colonial Acts of State, Judgments, &c., by certified copies, 608. 
 of Registers of British vessels, and of the matters therein contained, by cer- 
 tified copies, 609. 
 of Convictions or Acquittals, by Certificate, 609, 626. 
 of public Books and documents, 609. 
 of Deeds. (See Deeds.) 
 
 documentary, admissible in certain cases, without proof of seal, or signature, 
 &c., 452, 609. 
 
 and in certain cases, without proof by attesting witness, 627. 
 and after notice, by admission of parties, 645, 
 of witness, may in some cases be contradicted by the .party producing 
 him, 626. 
 
 cross-examination of, as to contradictory statements, 626. 
 
 and as to previous statements in writing, 626. 
 by comparison of disputed writing, 627. 
 Inspection of documents, compellable by Common Law Courts, in certain 
 
 cases, 608. 
 of witnesses in Court of General Assize, under Interrogatories, 115. 
 of witnesses, taken orally under Order or Rule of that Court. 181. 
 and also under Order in Chancery, 597. 
 and on oath or affirmation, 678. 
 special report relating to, may be made, 679. 
 Costs of, to be costs in the Cause, unless otherwise ordered, 679. 
 compulsory process for witnesses therein, 679. 
 EXAMINATION OF WITNESSES by Justices of the Peace and Coroners on crimi- 
 nal charges, 250, 251. 
 of witnesses under Commissions and Orders of Court in civil Actions, 115, 
 
 181, 678. 
 and in Chancery, 597. 
 " EXCHANGE," eflfect of the word, in Deeds of Conveyance, 410. 
 
 rate of, how ascertained in Suits on Contracts for sterling money, payable in 
 the United Kingdom, 181. 
 EXECUTORS AND ADMINISTRATORS. 
 
 to pay Costs of Suit in certain cases, 186. 
 to annex account of assets to plea oiplene aiministramt, 189. 
 • may sue for injury to real estate of deceased, 238. 
 
 may be sued in actions of Debt on simple contract, 241. 
 of mortgagees, may convey legal estate in mortgaged freehold lands, 411. 
 may be empowered by Court of Chancery to sell deceased's lands for pay- 
 ment of debts, 58. 
 EXPLOSIVE SUBSTANCES, punishment. for delivering or casting, 291. 
 FACTORAGE on debts payable in the United Kingdom, when recoverable, 181. 
 FALSE ALARMS of invasion, penalty for giving, 11. 
 FALSE PRETENCES, punishment for obtaining goods by, 316. 
 FEES, fixing rates of, in the Courts and Public Offices, 140 to 156. 
 
 on Shipping, under Act of 1694, &c., abolished prospectively, 470. 
 FELONS, civil rights of, after conviction and punishment, 257. 
 FEMES COVERT. (See Married Women.) 
 FENCES. (See Inclosure of Lands.) 
 
 stealing or damaging, 318. 
 FEOFFMENT, no Conveyance by, to be only voidable where it would be absolutefy 
 void by Release or Grant, 410. 
 not to create any estate by wrong, 410. 
 
 not to have other effect, than if it took effect as a Release, &c., 410. 
 FERRY, PUBLIC. „ ,^, 
 
 (former Acts of 1783 and 1784, repealed by Act of 1859, No. 15.) 
 
 94 
 
744 INDEX. 
 
 FERRY, PUBLIC-continued. 
 
 to be sold by contract on certain conditions, 436. 
 Keeper to be appointed in mean time, 456, 513. 
 Contracts to be for terms of two years, 513. 
 rates of ferryage, 457, 513. 
 
 accounts of, to be rendered quarterly, 456. 
 Ferry Keeper's Salary, 434, 456, 513. 
 
 additional allowance, instead of ferryage for Mails and daily 
 
 Posts, 434. 
 his duty, and number of ferry men, 457, 458. 
 not to be licensed to sell liquors, 458. 
 to be evicted on three convictions of default, 458. 
 matters formerly superintended by Treasurer, to be hereafter done by Re- 
 ceiver General, 613. 
 Boats to be appraised, and taken by the Keeper at valuation, 458. 
 
 not liable to be taken under Execution against him, 591. 
 Warps, how supplied, 591. 
 FINES AND RECOVERIES, practice of, confirmed, 88. 
 FIRES, regulations for preventing, in Hamilton, 573. 
 FIXTURES, piinishment for steaUng or attempting to steal, 315. 
 FLATTS' BRIDGE. (See Bridges.) 
 
 FOREIGN MONEY, debts payable in, how reduced into current money, 180. 
 FORGERY. 
 
 evidence of persons supposed to be interested in forged instruments, made 
 
 admissible, 357. 
 of seal, signature or stamp, to certain documentary evidence, felony, 
 
 453, 610. 
 forged documents may be impounded in Court, 453. 
 FORTS AND FORTIFICATIONS. (See Ordnance Lands, Traille's Land.) 
 
 taking up lands in St. George's, Southampton, and Ireland Island for, and 
 
 ascertaining damage of placing cannon on Wreck Hill, 71. 
 taking up Sears' land, in Smith's parish, for, 91. 
 taking up Seymour's land, on Ireland Island, for, 93. 
 taking up Jones' land, at Hungary Bay in Paget's parish, for, 94. 
 FRAUDULENT CONVEYANCES, 
 to defeat creditors, void, 58. 
 
 to qualify voters or Candidates, at Elections, eifect of, 63. 
 FRUITS, PLANTS, AND ROOTS. 
 
 punishment for stealing or damaging, 813. 
 FUGITIVE OFFENDERS. 
 
 inter-colonial extradition of (Act of 1846 repealed by Act of 1847, No. 8.) 
 GAMING. 
 
 penalty on retailers of Liquor permitting Gaming in their houses, 3. 
 penalty and forfeiture of licence, for suffering gambling about licensed 
 liquor shops, 543. „ 
 
 GAOLS. (See Acts of 1834, No. 30—1838, No. 9—1844, No. 11—1849, No. 3— and 
 1858, No. 3.) 
 (See also Prison Labour, Treadwheels, Lock-up at Somerset.) 
 general regulations for, 331, 395 to 398. 
 additional regulations to be madejby Justices in Sessions, subject to approval 
 
 of Judges, 333. 
 duties of Gaoler, 331, 396. 
 
 to be superintendent of Treadwheel, 396. 
 lime washing, cleansing and repairs of Gaols, 333. 
 sick wards, 337. 
 
 liquors and gaming in, prohibited, 333, 333, 336. 
 penalty for conveying Hquors into, 336. 
 aiding escapes from, felony, 337. 
 
 assaulting or obstructing ofBcers of, summary punishment for, 533. 
 removal of prisoners from, 193, 337, 404, 479. 
 Divine Service in, 397. 
 Visiting Justices of, how appointed, 334. 
 
 their duties and Reports, 336. 
 Marshal to transmit Calendars periodically to the Governor, 335. 
 and Reports to the Judges, 335. 
 
INDEX. 745 
 
 GAOLS — continued. > 
 
 Gaolers to make Returns in every Term, 236. 
 salaries of, 295. 
 
 payable quarterly, 393. 
 increased to present Gaolers, 690, 730. 
 Matrons, their appointment, duties, and salary, 296, 893. 
 prisoners' diet, 233, 275. 
 
 contracts for, 296, 297. 
 
 when to be fed on bread and water only, 894, 648. 
 
 clothing, 238. 
 
 Visitors, 233. 
 
 separation of, 231, 237. 
 
 air and exercise, 232. 
 
 infringing regulations, 236. 
 
 dischar^, 283. 
 
 deaths of, to be notified to Coroner and relatives, 232. 
 
 to be searched, and implements taken from them, 296. 
 
 their cells to be inspected every 24 hours, 296. 
 
 to be assisted by Gaoler in making petitions, 296. 
 
 may be employed in menial ofiflces, or instructing other prisoners, 
 
 296, 298. 
 assaulting officers,— summary punishment for, 532. 
 Surgeons of, their appointment, duties, and salary, 296, 297, 298, 393. 
 Chaplains of, their appointment, duties, and salary, 297, 298, 393. 
 Keligious teachers, how admitted in, 298. 
 GAOL at Hamilton, for building, 123. 
 
 Mr making additions to, 191. 
 at St. George's, for building, 421. 
 GENERAL ASSIZE, Court of. (See Courts. Pleas and Pleading.) 
 GLEBE LANDS. (See Parsonage Houses. Clergy.) 
 
 in the town of St. George, for the sale of, on annual rents, 70. 
 near the town of St. George, for the sale of, on annual rents, 74. 
 in Paget's parislf, for the sale of, on annual rents, 80. 
 
 portion of, taken for road, value to be applied on the par- 
 sonage house. (See Act of 1839, No. 7.) 
 in Pembroke parish, portions of, taken up or sold, on annual rents, 247, 602. 
 in Sandys' and Southampton parishes, portion of, taken for road, value to be 
 
 applied on parsonage house. (Act of 1834, No. 16.) 
 of Hamilton parish, for the sale of, on annual rents, 94. 
 GOLD COIN, foreign. (See Coins. CuiTency.) 
 GOVERNOR'S HOUSE, for building one, at or near Hamilton, 97. 
 
 confirming purchase of House and land for, and vesting in the Crown, 119, 
 
 120. 
 for purchasing and vesting in the Crown, an adjoining tract of land, 195. 
 " GRANT," or " Exchange," effect of the words, in Deeds of transfer of property, 
 
 410. 
 GUNPOWDER, prohibiting quantities of, being kept in the harbours or towns, with- 
 out special permission, 272. 
 HABEAS CORPUS, Statutes of, adopted, 172. 
 HAMILTON, (town of) 
 
 taking up lands for Township, for a collection of Trade, and for selling the lots 
 
 therein, 65, 66. 
 vesting lands of, in the Crown, 66. 
 
 for building a Custom-House Warehouse at. (See Act of 1791.) 
 penalty on exporting or importing gpods, elsewhere in Bermuda, than at 
 
 Hamilton or St. George's, without special permission, 69. 
 incorporation of, 75. 
 
 mode of electing members of the Corporation, and its powers, 75 to 77. 
 lands of, vested in the Corporation, 78, 86. 
 
 Corporation of, empowered to waive the forfeiture of unimproved lots in, 86. 
 Corporation of, may convey lands in, by Certificate, to purchasers from them, 
 
 100. 
 Mayors and Aldermen of, to be Justices of the Peace, 87. 
 Corporation of, to be a Board of Health, 264. 
 property quaUflcation of members of Corporation, and of voters for, 208. 
 
746 INDEX. 
 
 HAMILTON (town of)— continued. 
 
 Fronts of Streets in, for regulating, 168, 379. 
 
 Gaol at. (See Gaols.) 
 
 Public Buildings at or near. (See Governor's House. Public OfBces. 
 
 Buildings.) 
 Streets, nuisances and annoyances in, penalties on, 565. 
 Wharfs and vessels at, regulations respecting, 569. 
 Fires in, regulations for preventing and suppressing, 573. 
 HARBOURS, for preservation of, from hulks, rubbish, &c., 176. 
 prohibiting whale carcases being allowed to drift in, 271. 
 or other carcases, 468. 
 or keeping quantities of Gunpowder in, 273. 
 for deepening channel into Hamilton Harbour, by Timlin's Narrows. (See 
 Actofl837, No. 12.) 
 HARD LABOUR OF PRISONERS. (See Prison Labour.) 
 HEALTH (Public.) (See Quarantine.) 
 HEALTH OFFICERS. (See Quarantine.) 
 HIGHWAYS. (See Roads.) 
 HOMICIDE, Statute 2 Geo. 2, Cap. 21, relating to certain cases of, adopted, 156. 
 
 (And see Offences against the Person.) 
 HORSES and Cattle, stealing or wilfully killing with intent to steal, 311, 314. 
 HOSPITAL for Insane Paupers. (See Acts of 1846, No. 3 and No. 5. 1849, No. 17. 
 1852, No.. 20; and 1858, No. 5.) 
 lands to be purchased for establishing, 426. 
 regulations of, 439. 
 
 further regulations to be made by Governor and CounciL 443. 
 Officers, how appointed, 440, 441. " 
 
 their duties, 440, 441. 
 and salaries, 440, 441, 443, 665. 
 
 not to serve as Jurors, Churchwardens, or Constables, 665. 
 Patients, how admitted, 441. 
 
 when dangerous, 441, 601, 665. 
 how dieted, 440. 
 penalty for ill-treatment of, 443. 
 how discharged, 442. 
 
 removal of, from Gaol to Hospital, confirmed, 600. 
 Parish settlement of patients to be ascertained, before admission, 442, 665. 
 and if disputed to be re-considered, 443. 
 of dangerous persons, in emergent cases, to be ascertained as 
 soon after committal as possible, 600, 601, 665. 
 . Parish Officers to pay sixpence a day for paupers, 442. 
 property of patients liable for their maintenance, 442. 
 Inspectors, ex officio and appointed, 443. 
 
 Governor and Council to continue to exercise powers under Act of 1841, No. 
 2, 540. 
 HOUSE-BREAKING, punishment for, 307, 308, 309. 
 
 IMPRISONMENT for Offences, with or without hard labour, 252, 292, 293, 305. 
 INCLOSURE OP LANDS, to be mutually contributed to, by adjoining owners, 37. 
 contribution for, how enforced, 37. 
 
 payment of, out of enjoyment of rents, 38. 
 allotment of land, in lieu of, 90. 
 penalty for trespassing on inclosed lands, 49, 229. 
 INDENTING OF DEED, dispensed with, 411. 
 INFAMOUS CRIMES, and threats of, 307. 
 INHERITANCE, amending the Law of, 243. 
 Descents, how traced, 242. ' 
 Heir of Devisor, may take as Devisee, 243. 
 Grantor, or heirs of Grantor, may be deemed purchasers, 243. 
 persons acquiring land under certain limitations, the descent to be traced as 
 
 if the ancestor had been the purchaser, 243. 
 Descent from a brother or sister traced through the parent, 243. 
 lineal ancestor may be heir to his issue, 243. 
 paternal line to have precedence of the maternal, 243. 
 on failure of male paternal ancestors and their descendants, the mother of 
 the more remote paternal ancestor, or her descendants, to be preferred to the 
 
INDEX. 747 
 
 INHEKITANCE— continued. 
 
 mother of a less remote paternal ancestor, or her descendants, 243. 
 relatives by the half blood may inherit, 244. 
 attainder before descent, not to bar tracing the descent through the attainted 
 
 person, 244. 
 certain provisions of Act of 1835, No. 10, not to extend to descents happen- 
 ing before 1836, or to assurances made before then, or to wills of persons 
 dying before them, 244. 
 INJUNCTIONS, not to restrain Execution at Common Law, unless Costs be first 
 
 paid, 13. 
 INSANE PAUPERS, Hospital for. (See Hospital.) 
 INSANE OFFENDERS, for safe custody of, 344. 
 
 Governor and Council may continue to exercise powers vested in them, 
 under Act of 1841, No. 2, notwithstanding provisions of Act of 1846, No. 
 
 INSOLVENT DEBTORS. (See Debtors.) 
 
 INSPECTOR OP PUBLIC WORKS AND BUILDINGS. 
 
 his appointment, duties, and salary, 713. 
 INTAILS OF LANDS. 
 
 of lands of Richard Jennings, barred. (See Acts of 1709 and 1713.) 
 of lands of Margaret and Ann Burrows, barred. (See Act of 1775.) 
 barred by Deeds and Wills prior to 25 December, 1736, 24. 
 of lands not exceeding five acres, may be barred by Deed recorded, &c., 64. 
 of lands not exceeding twenty-five acres, may be barred by Deed recorded, 
 &c., 878. 
 INTEREST of money and usury restricted to seven per centum per annum, 26. 
 penalty on excessive, 26. 
 
 or on excessive Brokage, 27. 
 mode of discovery of, 27. 
 
 reduced to five per centum per annum on future contracts, 164. 
 (other enactments relating to, see Act of 1861, No. 12.) 
 INTERPRETATION of certain frequently recurring expressions in Acts of the 
 Legislature, 256, 536. 
 in the Acts for the better administration of Criminal Justice, and as to indict- 
 able and other offences, 256, 590. 
 in the Acts relating to Larceny and certain other offences, 323. 
 in the Act relating to merchant seamen, 525. 
 in the Act amending the Law of Inheritance, 242. 
 in the Act to simplify the transfer of property, 409. 
 INTESTATES' ESTATES, to he distributed according to Stat. 22 Car. 2, cap. 10, p. 8. 
 Brothers and Sisters to participate equally with the mother, in the estate of 
 a deceased child dying intestate and without issue, &c., after the fa- 
 ther, 25. 
 Letters of administration of, how and to whom grantable, 55. 
 distribution of, 56, 57. 
 
 of the estate of a child dying after the father without wife or 
 child, 57. 
 Administration Bonds, pleadable in any Court, 56. 
 administration of, cum testamento annexo, 57. 
 (See Executors and Administrators.) 
 JEO-FAILS. (See Pleas and Pleading.) 
 
 Statutes relating to, adopted, 45. 
 JUDGMENTS. 
 
 in the customary form, confirmed, although without Rolls, &c., 89. 
 to be docketed, and alphabetical lists thereof kept, 184. 
 for penalties, to remain cautionary for future breaches, 183, 184. 
 when signed, to be dated, 300. 
 
 and operative from that date against purchasers of lands for 
 value, 200. 
 of non-pros, and as in case of nonsuit, 188, 209. 
 costs on, 188, 209. 
 JURORS, how elected, &c., 19, 20, 23, 111. 
 
 register of persons qualified for, to be kept in each parish, 19. 
 
 exemptions, 20. 
 
 Grand inquest, and petit jury, how drawn, 21. 
 
748 INDEX. 
 
 JURORS— continued. 
 
 specific jurors, by consent of parties, 21. 
 
 special jury, how struck, 188. , 
 
 de medietate Ungues, abolished, 209. 
 
 qualification of, 20, 111, 209. 
 
 attendance of, at Quarter and Special Courts, 22. 
 
 at adjourned Court of Assize, in certain cases, 188, 646. 
 at special Assizes, for criminal matters, 677. 
 at Court of Exchequer, how summoned, 117. 
 non-attendance of, how punished, 21, 111. 
 talesmen, 22. 
 their pay for attending the Courts, 166. 
 
 increase of, to those from St. George's, 606. 
 Writs of election of, for the Assizes, when issuable and returnable, 188. 
 Addresses to Jury, on trials, 646. 
 JUSTICES OF THE PEACE, English Statutes for their protection, adopted, 121. 
 petty debts and trespasses recoverable before. (See Civil Suits before Jus- 
 tices of the Peace.) 
 may act under Poor laws and Assessment laws, although themselves rate- 
 able, 197. 
 LAND. (See Real Estate, Transfer of property.) 
 to be liable for payment of debts, 57. 
 
 may be ordered by Court of Chancery to be sold by Executors or Admin- 
 istrators for payment of debts of deceased persons, whose personal Estates 
 are insuflScient to pay them, 58. 
 liable to parish assessments, whether owned by a parishioner or not, 65. 
 LANDS, for Ordnance Service. (See Ordnance Lands.) 
 for Naval Service. (See Naval Service Lands.) 
 Colonial. (See Buildings, Public.) 
 LAND-MARKS, penalty for removing, 6. 
 
 and boundaries, how ascertained, 59. 
 LANDLORD AND TENANT. 
 
 warning to be given to, and by, tenants at will, 5, 41. 
 rents (not otherwise stipulated) payable half-yearly, and leviable under Jus- 
 tice's warrant, 41. 
 tenants, not quitting at expiration of notice, may be ousted under Justice's 
 
 warrant, 42. 
 tenants may quit, or be ousted, at expiration of six months' notice, whether 
 
 the notice do or do not expire with the year, 405. 
 tenants holding over, after expiration of notice, to pay double rent, 406. 
 Action of Assumpsit maintainable for use and occupation, 199. 
 rent to be paid before Goods are removable under Execution or Attach- 
 ment, 222. 
 tenants to give landlords notice of Ejectment Suits, and landlords may be 
 
 permitted to defend them, 223. 
 tenants by the month or quarter, of small parcels, under written agreement, 
 may quit or be ousted, and rent recovered summarily, 299. 
 LARCENY and other offences connected therewith, and malicious injuries to prop- 
 erty, 305. (See Acts of 1839 No. 10, and 1860 No. 8.) 
 how punishable, 305 to 324, 716. 
 restitution of stolen property, 7l7. 
 
 Indictment for Stealing may contain Count for receiving, and vice versa, 717. 
 LAWS, revisal of. (See Acts of 1756, 1783, and 1829.) 
 LAWS, compilation of, 707. (See Appendix.) 
 
 additional sum to be paid out of the Treasury for printing and binding two 
 hundred copies of a compilation of the Acts of the Legislature, to the end 
 of the year 1860, 707. 
 LAW (amendment of) as to Disclaimers, Demurrers, Costs, Traverses, Jeo-fails, Sev- 
 eral Pleas, Dilatory Pleas, Payment on Specialties, Wairanty, Actions of 
 Account, Forms of bailable process, 43 to 48. 
 (amendment of) as to Actions of Trespass by Executors, Limitation of Ac- 
 tions on Specialties and Records, Pleas in Abatement, Joint-contractors, 
 Misnomers, Initials of names in Actions on Bills, Notes, <fcc.. Wager of 
 Law, Action of Debt on simple contract against Executors, Special Cases, 
 Evidence of witnesses objected to as interested, 238 to 244. 
 
INDEX. 'V49 
 
 LAW — continued. 
 
 as to Venue, Statements not needing proof, omission of contra formam, 
 &c., Demurrers, Pleadings to prejudice trial, referring to Documents, 
 performance of Ooiiditions, Declarations for Libel, express colour and 
 special traverses, plea as if on contract or tort, distributive plea, traverse 
 of Declaration or other pleading, several pleas or replications, new assign- 
 ments. Judgment for debt and damages, admission of Documents, Amend- 
 ments, addressing Jury, adjourning Trial, Writs of Venire, Juries at 
 adjourned Court, 641 to 646. 
 LIBEL, in Actions for, offer of apology admissible in mitigation of damages, 660. 
 
 in newspaper or periodical publication, defendant may deny malice, and pay 
 
 money into Court, 660. 
 form of Declaration in, 643. 
 ia Actions for defamatory words, no more costs than damages recoverable, 
 
 where the damages are under 40s., 44. 
 on Indictment for, the truth of the matter may be inquired into, when 
 
 pleaded in a particular manner, 661. 
 for private libel. Defendant entitled to Costs on acquittal, 663. 
 punishment, on conviction for false defamatory libel, 661. 
 
 and for malicious defamatory libel, 661. 
 Evidence admissible, to rebut presumptive proof of publication, 661. 
 LIBRARY (public) established, to be called "The Bermuda Library," 303. 
 trustees of, how appointed, and their powers, 303, 304. 
 Apartments in the Public Building at Hamilton, heretofore allotted for the 
 Custom House, appropriated to the Library and Museum, 550. 
 LIGHT HOUSE, estabUshed, 395. 
 
 additional land purchased, and cottage to be built for keeper, 448. 
 
 Commissioners to be appointed, and their powers, 396. 
 
 Officers' Salaries, 396, 448. 
 
 Inspector of machinery, his duty and salary, 530. 
 
 Oil used at, to be of best description as used in Great Britain, 531. 
 
 tolls, 397. 
 
 on Mail Steam Packets, 530. 
 on Store Ships, 531. 
 tolls on Steam Ships coming here for Coals, 675. 
 how enforced, 397. 
 
 by Receiver General and Assistant Receiver General, 530. 
 LIMITATION of Suits for land. (See Quieting of Estates.) 
 of Admiralty Suits for Seamen's wages, 46. 
 of personal Actions, 48. 
 
 of actions of debt, &c., on Specialty, or Recognizance, or Award, or for Es- 
 cape, or for money levied under Execution, or upon Statute, 239, 240. 
 LIQUORS, permanent duty on the importation of, repealed, 495. 
 LIQUOR and Wine Shops and Taverns. (See Acts of 1850, No. 4—1852, No. 15— and 
 1857, No. 2.) (See, also, Act of 1861, No. 6.) 
 penalty for selling in small quantities, spirituous Liquor, Wine, Beer, &c., 
 
 without licence, 541. 
 Licences for selling, when and how granted, 542. 
 Tavern keepers, how licensed, 543. 
 penalties on various offences by licensed persons, 543. 
 shops may be closed by Justices in case of riot or tumult, 544. 
 licensed houses may be entered by Justices and Parish Officers on suspicion 
 
 of offence, 514. 
 Churchwardens and Constables especially to enforce the Act, 545. 
 Licence money, how appropriated, 542, 544. 
 penalties, how recoverable, 545, 593. And applied, 593. 
 petty debts for liquor, not recoverable, 544. 
 Licensee not required to be assessed for property, 593. 
 LIVERY OF SEISIN. 
 
 Deed without livery of Seisin, or prior Lease, to operate as Lease and Re- 
 lease, 409. 
 LOCK-UP at Somerset. . 
 
 land taken up for, and building to be erected for temporary confancment of 
 persons charged with oiTences, 634. 
 LUNATIC HOSPITAL. (See Hospital.) 
 MAIL, inland and sea. (See Post Office.) 
 
tso i fsr D fi 1 . 
 
 MAIMING and Wounding. (See Offences against the Person.) 
 MALICIOUS INJURIES to Property. (See Acts of 1839, No. 10, and 1860, No. 8, 
 and Larceny, &o.) 
 
 how punished, 310, 311, 313, 314, 315, 317, 323. 
 
 to trees, plants, &c., 311 ; to fences, &c., 313 ; to houses, &c., 313, 315 ; to 
 ships, &c., 314. 
 
 to horses and cattle, 314. 
 
 to any real or personal property, not specially provided for, 315. 
 
 malice against the owner not essential, 315. 
 MALLORY (George Foster), lately Clerk of the Council, annuity settled upon, 536. 
 MANSLAUGHTER. (See Offences against the Person.) 
 
 MARRIAGES, heretofore solemnized in Bermuda, by Presbyterian and other Christian 
 Ministers, confirmed, 480. 
 
 solemnization of, hereafter, by Christian Ministers' not of the United Church 
 of England and Ireland provided for, 483. 
 and also by Quakers and Jews, 485. 
 
 Registry of, 487. 
 
 Marriage Register Book, to be kept in the Secretary's OflSce, 488. 
 
 Copies from, and inspection of original Register and Marriage Register Book, 
 489. 
 
 destroying, or forging Registers, or issuing false Certificates, felony, 489. 
 •marriage LICENCES. 
 
 Governor's right to grant Licences as formerly, not to be affected by Act of 
 1847, No. 20, 490. 
 
 no marriage of a minor, to be hereafter solemnized by licence, without con- 
 sent of parent or guardian, or (in certain cases) of Governor in Council, 
 481, 485. 
 
 no licence to be granted without oath or afQrmation of consent, &c., 481, 486. 
 
 Caveat against Licence, 482, 486. 
 
 after marriage by licence, proof of consent of parent, &c., not necessary, 482, 
 487. 
 MARRIED WOMEN. (See Aliens.) 
 
 Wills and Conveyances by, prior to 21 May, 1779, confirmed, 34. 
 
 Conveyances of land by, how to be acknowledged and recorded, 34, 92. 
 
 to bar Dower, 92. 
 
 may be acknowledged, under Commission issued by the Chief Justice, 92, 
 
 time for recording, extended in certain cases, 224. 
 
 under Power of attorney, 225. 
 
 wife of Judge, how acknowledgment taken, 224. 
 MARSHES. (See Drainage.) 
 MARTIAL LAW, how to be declared and enforced, 38. 
 
 articles of, 89. 
 
 Council of War and Courts under, 39, 40, 41. 
 
 Civil Courts suspended, during, 40. 
 
 Vessels cleared, may sail during, unless embargoed, 40. 
 
 not to give power of banishment, 41. 
 
 Act prolonged indefinitely, 48. 
 MEASURES and Weights, for uniformity of, 412. (See Weights and Measures.) 
 MERGER OF LEASE, not to defeat remedies by owner of Estate in reversion, 411. 
 MISCARRIAGE, procuring, 291. (See Offences against the Person.) 
 MISDEMEANOURS with intent to commit felony, &c., punishment of, 292, 416. 
 MISFORTUNE, killing by, 290. (See Offences against the Person.) 
 MISNOMERS in Civil Suits, to be amended, 241. 
 
 And also in Indictments, &c., 254. 
 MONIES OF ACCOUNT, of Great Britain, adopted in Bermuda, 346. 
 MONEY may be levied under Execution, 210. 
 MORAVIANS, evidence of, admissible without oath, 257. 
 
 MORTGAGES and Conditional Conveyances, to be registered and have priority ac- 
 cording to registry, 51. 
 
 legal estate in freehold, may be conveyed by Executors, &c., of mortgagees, 411. 
 MURDER, and attempts at. (See Offences against the Person, 289, 290.) 
 
 persons convicted, how treated after sentence, 290. 
 MURRAY. Salary settled on Governor Freeman Murray, 624. 
 MUSEUM (Public) established, 378. 
 
 apartments allotted for, in the Public Building at Hamilton, 560. 
 
INDEX. 751 
 
 NAVAL YARD, persons belonging to, exempted from Militia and Parish duties, 136. 
 persons residing there, not to gain a settlement in Sandy's parish, 202. 
 Civilians employed at, not to quit without notice, in time of danger, 424. 
 NAVAL SERVICE. 
 
 lands authorised to be taken up for, on Ireland Island and Wreck Hill, 81. 
 NAVAL COMMANDER-IN-CHIEF. 
 
 lands taken up for residence of, and vested in the Crown, 127. 
 additional lands taken up for, 245, 249. 
 NEGROES and Persons of Colour. 
 
 to have the same franchises, liberties, disabilities, and liabilities, as white 
 
 persons, 207. 
 all enactments operating exclusively against black and coloured persons, re- 
 pealed, 207. 
 NON PROS and Judgments as in case of Nonsuit, 188, 209. 
 NOTES (promissory.) 
 
 made assignable by indorsement, and suable by payee or indorsee, 50. 
 NOTICES of certain matters, not to be published in Church, hereafter, 293. 
 OBSOLETE and disused enactments, repealed, 649, 677. 
 OATHS. (See Moravians. Quakers.) 
 
 in certain cases, abolished, and Declarations substituted, 301. 
 voluntary and extra-judicial, prohibited, except iu certain cases, 559. 
 solemn affirmation or declaration admitted instead of, in certain cases, 301, 
 626. 
 OFFENCES AGAINST THE PERSON. (See Acts of 1838, No. 2—1844, No. 4— 
 1857, No. 13. 
 punishments for petit treason, murder, manslaughter, killing by misfortune, 
 attempt to murder, attempt to maim, &c., delivering explosive substances, 
 procuring miscarriage, concealing birth of a child, Rape, carnally knowing 
 and abusing girls, Bigamy, certain aggravated misdemeanours, 289 to 293. 
 certain aggravated misdemeanours punishable with hard labour, 292. 
 accessaries and principals in second degree, how punishable, 292. 
 when the crime charged includes an assault. Jury may acquit of felony and 
 
 convict of assault, 293. 
 persons aiding in misdemeanours, punishable as principals, 381. 
 Buggery, and attempts at, how punishable, 382. 
 Robbery, and attempts at, how punishable, 306, 306, 685. 
 ORDNANCE LANDS. (See TraUle's Land.) 
 
 lands purchased or occupied for the Ordnance Service, and lands hereafter 
 to be so purchased, vested in the Principal Officers of Ordnance, and their 
 successors, 279. 
 Principal OfScers of Ordnance may sell, let, and convey them, discharged of 
 
 all former estates, and receive the purchase money, 280. 
 and may maintain Actions relating thereto, 282. 
 Trustees, and others, may contract with them for absolute sale, 282. 
 purchase money (of limited sums) to whom payable, 283. 
 authorising the purchase of certain lands for, in Devonshire Parish, 332, 349. 
 
 of other lands in Devonshire and Paget's, 352. 
 vesting certain lands in St. George's, in Principal Officers of Ordnance, 451. 
 PALMETTO TREES, former Laws relating to, repealed, 278. 
 
 penalty for unlawfully selling leaves of, or without ticket, &c,, 312. 
 PARDON. 
 
 of monies payable otherwise than to the Crown, 293, 320, 409, 612. 
 PARENTS of Children born in Slavery, to maintain them until 12 years old, 219. 
 
 of paupers to relieve them, under penalty of 20«. a month, 54. 
 PARISH RATE^. 
 
 to be paid by young men living with their parents or others, 7. 
 how recoverable by the Churchwardens, 38, 73, 198. 
 
 before Justices although themselves rateable, 197. 
 before Justices of the parish where the rate is made, 197. 
 not vitiated by certain former defective assessments, 198. 
 lands liable to, whether owned by a parishioner or not, 65. 
 to be made for payment of parochial charges, without distinction of pur- 
 chasers of pews, 79. 
 Vessels and Cargoes rateable in the parish where owners reside, 205. 
 may be made for law charges authorized by parishioners, 198. 
 95 
 
752 INDEX. 
 
 PARISH RATES— continued. 
 
 recoverable as soon as the Assessment is delivered to the Churchwardens, 
 198. 
 PARSONAGE HOUSES, for facilitating the enlargement and repair of, by enabling 
 
 the incumbents to borrow limited sums for, 356. 
 PARTNERS, ownership of property by, how stated in Indictments, 322. 
 PARTITION of undivided real Estate. (See Court of Chancery.) 
 PAYMENT. 
 
 may be pleaded in bar, in certain Actions of Debt or Scire facias, 45. 
 
 may be pleaded generally in certain cases, without specifying at or after the 
 
 day, 183. 
 pleadable after Judgment, 184. 
 
 to surviving Trustee, Mortgagee, &c., to discharge the payer, 411. 
 of money into Court, in Action on bond in penalty, to discbarge Defend- 
 ant, 46. 
 
 in Action for Libel in newspaper, &c., when Defend- 
 ant denies malice, 660. 
 PERJURY, Judges may direct persons appearing guilty of, before them, to be indict- 
 ed, and commit them for Trial, and bind over witnesses, 587. 
 simplification of Indictments for, 588. 
 of witnesses examined under Commission, &c. 116. 
 PERSON, offences against. (See Offences against the Person.) 
 PETTY DEBTS AND TRESPASSES. (See Civil Suits before Justices of the Peace.) 
 Suits for, not to be commenced in Court of General Assize, 592. 
 Appeals in, to be deemed abandoned, if Writ of Error not sued out in thirty 
 days, 555. 
 PEWS in the parish Churches. (See Acts of 1833, No. 8, and 1858, No. 8.) 
 how sold and held, 32, 203. 
 money arising from the rents, how applicable, 33. 
 
 rents to be payable at the commencement, instead of the end of each 
 year, 667. 
 PILOTAGE. (See Acts of 1848, No. 2—1848, No. 23—1864, No. 15—1857, No. 23 
 —and 1860, No. 3.) 
 regulating, 357. 
 Commissioners of, 368, 362. 
 Licences, how obtained, 369, 360, 361. 
 forms, 374, 375. 
 when to be delivered up, 365. 
 how revoked, 872, 619. 
 
 lists of, to be furnished to Custom House and Treasury, 362, 527. 
 sureties for, how discharged, 619. 
 
 no person to be licensed after 1st January, 1850, who cannot 
 read, 527. 
 Boats, 359, 362, 869. 
 Buoys and Beacons, 369, 619. 
 Offences by pilots, 365 to 368, 706. 
 
 by pilot refusing to take charge of vessel, 706. 
 offences by Masters of vessels and others, 368, 369. 
 partnerships in, prohibited, 365. 
 rates, 363, 364, 527, 619, 706. 
 
 pilot first visiting vessel bound in, entitled to pilotage rate, 362. 
 what vessels exempted from, 364. 
 penalties, how enforced, 370, 372, 373. 
 
 to be published, 371. 
 when the Mayor is disabled by illness or interest, Justices may act, 655. 
 PLANTATION BONDS AND TICKETS, discontinued, 472. 
 
 PLEADING AND PRACTICE m Civil Actions in the Common Law Courts. (See 
 Acts of 1814—1831, No. 8—1834, No. 3, No. 6—1836, No. 2—1839, No. 
 2—1848, No. 19—1861, No. 3—1857, No. 1.) (See Law, amendment of) 
 in Court of Errors. (See Court of Errors.) 
 in Court of General Assize. (See Count of General Assize.) 
 in Attachment suits. (See Attachment.) 
 Courts of Judicature in future to be held in Hamilton, 103. 
 Easter and Michaelmas Terms defined, 199. 
 Attomies and Counsellors, how admitted in Common Law Courts, 189. 
 
INDEX. 753 
 
 PLEADING AND PRACTICE, &c.— continued. 
 
 Attornies suing as such, to give security for Costs and damages, 12. 
 Action not to abate by death of a party after verdict and before iuda- 
 ment, 165. 
 nor by death after interlocutory and before final judgment, if maintainable 
 
 against executors or administrators, 165. 
 nor by death of one of several plaintiffs or defendants, where the cause of 
 action survives, 166. 
 nonjoinder or misjoinder of parties, only to be insisted on by plea in abate- 
 ment, 188. 
 
 plea of, not allowable in certain cases, 240. 
 amendments of variances and defects and errors in proceeding, 502, 645. 
 appeals not to be allowed from Common Law Courts, until Costs be paid or 
 secured, 13. 
 from Common Law Courts to Governor and Council, or Chancery, 
 
 abolished, 100. 
 to and from Court of Errors, regulated, 112, 114. 
 Bail, amount of, on arrest under writ not expressing cause of action, 47. 
 
 special, when allowed, 111. 
 Bonds to be assignable by indorsement, and actionable by indorsee, 51. 
 
 discount to be allowed of all demands against plaintiff or first obligee, 
 before notice, 51. 
 Administration Bonds pleadable in any of the Courts, 56. 
 Crown debts, provable in like manner as those to subjects, 182. 
 special case may be stated for opinion of the Court, and Judgment given 
 
 thereon, 241. 
 express colour, and special traverses, abolished, 643. 
 formal commencement and prayer of judgment, dispensed with, 643. 
 if the damages in actions for words be under 40s.-, plaintiff to recover no 
 
 greater costs, 44. 
 on Demurrer, certain defects to be disregarded, except specially assigned, 44. 
 Demurrer, and joinder in, forms of, 642. 
 
 no pleading to be insufficient for defect, which heretofore (1857) 
 could only be objected to on special demurrer, 642. 
 rate of exchange in suits for money payable in the United Kingdom, how 
 
 ascertained, 181. 
 documents admissible in evidence, on notice, 645. 
 in Ejectment suits, plaintiffs and defendants to give security for costs, 228. 
 
 landlords may become defendants in, with tenants, 223. 
 Factorage, when allowed on debts payable in the United Kingdom, 181. 
 Injunctions not to restrain legal process, except costs be first paid, 13. 
 Intails of lands, barred by Wills and Deeds prior to 25 December, 1736, 
 
 p. 24. 
 practice as to Fines and Recoveries, confirmed, 88. 
 insolvent debtors, maintenance of in prison, 159, and discharge of, 160. 
 Statutes oijeo-faih extended to judgments by confession, 45. 
 Judgments and proceedings in the Courts of Law, conformable to customary 
 
 forms and practice, not to be reversible for defect of form, 89. 
 judgment by nil dicit, and inquiry of damages for debt in foreign money or 
 
 goods, 180. 
 in actions for penalty, for non performance of covenants, several breaches 
 
 may be assigned, and judgment remain cautionary, 183. 
 judgments to be docketed, 184, time of signing, to be noted, 200. 
 to bind real estate from time of being signed, 200. 
 may be entered for money demands, without distinction between 
 debt and damages, 645. 
 Jury, addresses to, on trials, 646. 
 
 allowed at adjourned Court, for certain specified matters, 188, 646. 
 Trial may be adjourned, for the purposes of justice, 646. 
 debts suable before Justices of the Peace, not actionable in superior Courts, 
 
 533, 592. , 
 
 limitation of time for commencing personal actions, 44, 239. 
 
 and Admiralty suits for seamen's wages, 46. 
 parties may plead their own causes, by themselves or their friends, 9. 
 several pleas may be pleaded, with leave of the Court, 45, 644, 644. 
 
754 INDEX. 
 
 PLEADING AND PRACTICE, &c.— continued. 
 
 certain pleas, pleadable together, without leave, 644. 
 no dilatory plea to be allowed without affidavit, 45. 
 
 executors, &c., pleading ^fe»e administravit, to annex account in detail, 189. 
 statements which need not be proved may be omitted in pleading, 641. 
 omission of contra foriAam statuU, &c., immaterial, 643. 
 pleading framed so as to prejudice fair trial may be struck out, or amended, 642. 
 in answer to previous pleading referring to any document, may set 
 out the whole or part of such document, 643. 
 plea, treating Declaration as framed either on contract, or for wrong, not 
 
 therefore objectionable, 643. 
 conditions precedent, general performance of, may be averred, opposite party 
 
 to specify non performance, 643. 
 traverses of Declaration, Plea or Replicatioit, 643. 
 special traverses, abolished, 643. 
 new assignment, when allowed, 644. 
 
 payment, may be pleaded in bar, in debt on single bill, or bond with condi- 
 tion, or in scire facias on judgment, 45, 
 payment of money into Court, allowed in debt on bond with penalty, 46, and 
 
 in actions for libel in newspaper, defendant denying malice, 660. 
 payment, set-off, &c., when construed distributively, 643. 
 payment pleadable in general form, on bonds penal, judgment to remain 
 
 cautionary, 183. 
 payments after judgment, may be pleaded, 184. 
 service of process on one of several joint contractors present, sufficient 
 
 against those absent, 180. 
 promissory notes assignable by indorsement, and actionable by payee or 
 
 indorsee, 60. * 
 
 privilege of members of the Legislature in civil suits, 163. 
 quiet possession of lands for twenty years to bar adverse claims, except as to 
 
 reversioners, &c., and persons under disabilities, 14. 
 real estate liable to debts, and subject to process therefor in like manner as 
 
 personal estate, 67. 
 landlord may recover for use and occupation, in action of Assumpsit, 199. 
 landlord's rent to be paid before removing goods, under Execution or Attach- 
 ment, 233. 
 executors, in certain cases, may sue for injury to real estate of the deceased, 
 
 238. 
 Libel and Slander, form of Declaration in actions for, 643. 
 Plaintiff not prosecuting his suit, costs against, 188, 309. 
 misnomers, amendable, 341. 
 in actions on bills, notes, &c., parties may be designated by the initials 
 
 therein used, 341. "" 
 
 wager of law aboUshed, 241. 
 
 venue may be stated in margin, instead of body of pleading, except in cer- 
 tain cases, 641. 
 Writs from Court of General Assize, how tested and returnable, 181. 
 of Summons, 180. 
 
 copies of, and of Subpoenas, may be delivered to and by 
 other than white persons, 300. 
 of Execution, 186. 
 of Venire facias, how returnable, 188, 411. 
 
 how tested and returnable, 646. 
 Sales and Conveyances by the Marshal of property under Execution, 186, and 
 
 under Chancery process, 599. 
 money may be levied and taken under Execution, 310. 
 witnesses, their pay in civil cases, 187. 
 
 how proceeded against for non-attendance, 187. 
 examination of at chambers, or abroad. (See Witnesses.) 
 examination of for defendants, in certain cases, before Declaration 
 filed, 183. 
 POISONING, and attempts at, how punishable, 390. 
 
 POLICE of Hamilton and St. George. (See Acts of 1844, 1847, 1849, 1857. 1859. 
 1860.) ' . . . . 
 
INDEX. 75S 
 
 POLICE, &c.— continued, 
 for improving, 383. 
 
 police Magistrates, how appointed and removed, 383. 
 their oath, 884, 469. 
 
 salaries, 385 ; increased to present Magistrates, 697. 
 days of attendance, duties, &c., 384. 
 fees, 384, 469. 
 police Constables, how appointed and removed, 385. 
 their oath, 385. 
 
 Salaries, 386 ; increase of to present P. C. St. George's, 731. 
 duties, 386, 388, 390. 
 Offences by loose, idle, and disorderly persons, and others, 387 to 390. 
 how punishable, summarily, or by indictment, 387, 388, 390. 
 other ofiFences punishable summarily, 389, 390, 391, 392. 
 penalty for suffering carcases of animals to drift about the harbours, 468. 
 penalty for indecent exposure of the person, 468. 
 offences in open galleries or areas adjoining the street, punishable same as if 
 
 committed in the street, 469. 
 penalty for using obscene or insulting language in or near any public high- 
 way in any part of the Colony, or wantonly discharging iirearms at 
 night, 535. 
 fines, how applicable, 469. 
 POOR. 
 
 Persons likely to be chargeable, clandestinely removing into any parish, may 
 
 be removed, within a limited time, 5, 226. 
 persons attached to Naval Establishment, not to acquire a settlement in San- 
 dy's parish, 201. 
 Act of 1691 suspended, during continuance of Act of 1834, 226. 
 no person removable until actually chargeable, nor while unable to travel, 226. 
 felons, vagrants, &c., to be deemed actually chargeable, 227. 
 unmarried pregnant women, to be so deemed, 227. 
 
 Settlement of, may be acquired by executing annual office, hiring and service 
 for a year, apprenticeship and inhabitation, leasing tenement 
 of a certain value, or having and residing on real property, 228. 
 of persons who have been in Slavery, 228. 
 of persons by three years inhabitancy in any parish, 627. (See 
 also Act of 1861, No. 7.) 
 relief of, by Churchwardens, with consent of Justices and Vestry, 53. 
 by their parents and children, 54. 
 
 by parents of children born in slavery, until twelve years old, 219. 
 POPULATION. (See Census.) 
 PORTS AND HARBOURS. (See V>ssels, Police, Hamilton, St. George's.) 
 
 penalty on imported or exported goods being laden or unladen elsewhere 
 
 than at Hamilton or St. George's, without special permission, 69. 
 penalty on keeping quantities of gunpowder in, without special permis- 
 sion, 272. 
 POSSESSION of lands quietly for twenty years (with certain exceptions) to be deemed 
 
 a good title, 14. 
 POST OFFICE, 427 to 439. (See Acts of 1846, No. 4--1869, No. 15— and 1860, 
 No. 14.) 
 Governor to appoint Post Masters and Assistant Post Masters, 681. 
 
 their Salaries, 682. 
 postal districts defined. Eastern and Western, 688. 
 Post offices to be kept at Hamilton, St. George's and Mangrove Bay, 428. 
 Office hours, 428. 
 
 Receiving houses for letters, at Somerset Bridge, Southampton parish. Hunt's 
 
 Bay, Riddell's Bay, the Flatts Village, and Bailey's Bay, 428— near Bur- 
 
 chaU's Cove, 689 — in Pagets parish, 684 — in Devonshire parish, 685 — 
 
 and on Harrington Sound road, 685. 
 
 transmission of letters from St. George's to Hamilton, and vice versa, 429, 
 
 430, 431, 482. 
 
 to Mangrove Bay and Ireland Island, and vice versa, 
 
 429, 480. 
 and of packet and ship letters, 683. 
 
756 I N D E 
 
 /. 
 
 POST OFFICE— continued. 
 
 transmission of Mails to and from the Colony, 686. 
 delivery of letters at Post Offices, 429, 430, 431, 433. 
 
 and from receiving houses, 684, 687, 688. 
 and in their districts, 688. 
 Contracts for inland Conveyance of Packet Mails, 430, 431. 
 for 1, 2, or 3 years, 687. 
 and for conveyance for daily posts, 434, 435, 486, 687. 
 
 expense of, limited, 683. 
 daily posts between Hamilton and St. George's, 431. 
 
 expense of, 683. 
 additional from St. George's to Hamilton and back, 684. 
 Carriers of, to call at Receiving houses for letters, 483, 
 433, 690. 
 Passengers in Mail Carts, 432. 
 
 Chaises and Mail Oarts to be inspected and ticketed, 432. 
 Carriages and horses to be kept in serviceable state, 688. 
 
 exempted from ferryage tolls, 432, 434. 
 and entitled to dispatch there, 432, 434. 
 Roads, prescribed, 685, 688. 
 daily Post between Mangrove Bay and Hamilton, 432, 433. 
 
 expense of, 683. 
 daily Post between Hamilton and Ireland Island, by boat, 433. 
 expense of, 686. 
 for mail and ship letters, 690. 
 rates of inland postage, 436 — to be prepaid, 436. 
 
 to be retained by Postmasters for their own use, 437. 
 ship letters and newspapers exempted from, 436, 437. 
 letters for the United Kingdom and Books, &c.,from 
 
 Sea, exempted from, 686. 
 newspapers to the U. K. exempted, 684. 
 Books to and from the Bermuda Library exempted 
 from, 684. 
 lists of unclaimed letters to be published, 437, 686, 688 — and daily placarded, 
 
 438, 687. 
 accounts of postage fees received, to be verified and laid before Legislature, 
 
 437. 
 letters from the U. States, to be forwarded to and from Hamilton and St. 
 George's between certain hours by express messenger, 685. 
 and also from Mangrove Bay to Hamilton, 685. 
 inter-Colonial Book post to and from Nova Scotia and Newfoundland, 689. 
 
 rates of postage by, 689. 
 Postmaster at Hamilton, when practicable, to notify Postmaster at Mangrove 
 
 Bay when Mails are to close, 687. 
 Receiver General may receive money into Colonial Treasury, under arrange- 
 ments authorized by Post-Master General in England, 686, 734. 
 provisions for a contemplated monthly Mail between Bermuda and England, 
 via New York, 731. 
 
 rates of postage thereby, 738. 
 POUNDS. (See Stray Cattle.) 
 POWDER DUTY, commuted and former Laws relating to, repealed, 330. 
 
 an annual sum of £748 currency out of the Treasury to be appropriated by 
 the Governor and Council in defraying any public charges of these Isl- 
 ands, 331. 
 accounts of the appplication thereof to be laid before the Assembly annu- 
 ally, 332. 
 PRACTICE of the Courts of Law. (See Pleading and Practice, Law amendments. 
 Abatement, Appeals, Ejectment Suits, Judgments, Court of Errors, Court 
 of Chancery, Court of General Assize.) 
 PRESBYTERIAN MINISTER, annual stipend allowed to, out of the Treasury, 628. 
 PRISONERS FOR DEBT, maintenance of, 159. 
 
 discharge of, 160. (See Act of 1861, No. 16.) 
 PRISONERS CHARGED WITH CRIMES. 
 
 to be allowed inspection and copies of Depositions taken against them, 640. 
 
INDEX. 757 
 
 PRISONERS CHARGED WITH CRIMES— continued. 
 
 and may make their defence by Counsel or Attorney, 639. 
 PRISONERS' DIET, to be regulated by Justices in Sessions, 275. 
 
 to be provided by Contract, or (if no contract) by Gaoler, 296, 297. 
 when restricted to bread and water, 648. 
 PRISONS. (See Gaols.) 
 
 PRISON LABOUR. (See Tread- wheels. See Acts of 1844, No. 19—1847, No. 17— 
 and 1858, No. 6.) 
 regulations for, 399, 400, 408, 475, 478, 479. 
 materials for, and tools, &c., how provided, 401, 475. 
 
 and disposed of, 476, 479. 
 prisoners liable to, may be sentenced to be fed on bread and water only, for 
 
 limited periods, 894, 648. 
 Superintendent of, 402, 477, 479— and Gaoler to aid each other, 477, 666. 
 voluntary employment of other prisoners at labour not severe, 403. 
 Books which may be allowed them, 404. 
 persons convicted of certain aggravated misdemeanours, liable to, 292, 
 
 416,590. 
 sawing timber in the Hamilton Gaol, regulations for, 475, 476. 
 quarrying stone^ &c., at the St. George's Gaol, regulations for, 478. 
 prisoners sentenced to hard labour, may be worked at crank machines, under 
 
 special regulations, 666. 
 offenders convicted of certain offences under Larceny Acts of 1839 or 1860, 
 may be imprisoned with hard labour and solitary confinement, 716. 
 PRIVILEGE of members of Legislative Council and Assembly, in Civil Suits de- 
 fined, 163. 
 PROMISSORY NOTES. (See Notes.) 
 
 PROPERTY, malicious injuries to, punishment of, 310 to 315. 
 PROTHONOTARY of Court of General Assize. 
 
 annual sum allowed to him, instead of fees, payable out of Treasury, 6S4. 
 PROVOST MARSHAL GENERAL. 
 
 sales and conveyances of property by, under Execution, 186, 599. 
 salary allowed to him, instead of fees, payable out of Treasury, ;605. 
 increased, 669. 
 PUBLIC "WORKS AND BUILDINGS. (See Buildings, Public.) 
 
 Inspector of, to be appointed, his duty and salary, 713. 
 PUBLIC HEALTH. (See Quarantine.) 
 PUBLIC OFFICES at Hamilton. 
 
 for building, 97, 192, 201, 276. 
 for purchasing instead of building, 102. 
 for selling the building formerly purchased, 194. 
 dispensing with Slave Register's OfiBce, 201. 
 contemplated site of, changed, 276. 
 
 adjoining ground, reserved for public resort and recreation, 276 
 for purchasing and enclosing ground adjoining Sessions House, 355. 
 at St. George's. 
 
 for building, 341, 595. 
 
 land formerly purchased for, vested in the Crown, for a public thorough- 
 fare, 341. 
 former Acts partly repealed, 595. 
 land formerly purchased, to be sold, 595. 
 Gaol lot vested in Crown, for public buildings to be put thereon, 596. 
 
 QUAKERS. 
 
 evidence of, admissible in all cases civil and crimmal, 189, 257. 
 
 upon afBrmation, upon Interrogatories or oral examination, 115, 
 182, 678. 
 QUARANTINE STATION. 
 
 Islands purchased for, 620. , ,, „ , ^tt i.i, i , ^ ,,.■ 
 
 regulations applicable to places provided by Boards of Health to apply to this 
 
 QUARANTINE REGULATIONS, 259, 511. (See Acts of 1836, No. 12-1848, No. 
 13—1854, No. 17—1855, No. 7—1857, No. 30— and 1858, No. 1.) 
 for Masters of vessels, 259 to 261, 263. 
 for Pilots, 259, 2.61, 267, 271. 
 
758 INDEX. 
 
 QUARANTINE REGULATIONS— continued. 
 
 for Health OfBcers, 260, 263, 263, 264, 370, 623, 633, 630. 
 how appointed, 368, 
 theirfees, 264, 270. 
 for Boards of Health, Corporations, and Vestries, 364 to 366. 
 may authorize inspection of houses, 623. 
 for other persons, 366 to 368. 
 
 restrictions as to visiting vessels or hospitals, 266, 267. 
 as to infected Ports, 268. 
 
 may be prolonged, or shortened, by Governor, 268. 
 Yellow fever. Cholera, Small pox, and Scarlet fever, declared " contagious " 
 
 diseases, within the meaning of these Acts, 623, 663. 
 as to boats and vessels in quarantine, 268. 
 Burials, 368. 
 
 dead animals to be buried at expense of owners, 371. 
 wrecked goods and vessels, and persons landed from vessels, 260, 368, 369, 
 
 271. 
 regulations may be made by Governor and Council respecting Cholera cases, 
 269. 
 and also relating to yellow fever, Small pox, or Scarlet fever, 662. 
 Quarantine grounds, 260. 
 Stations for Packets, 269. 
 Steam packets, special regulations for, 511. 
 as to letters and papers, 266, 367, 270. And passengers, 260, 363, 371. 
 
 fumigation of letters, &c., dispensed with, 631. 
 Inspector (or Health OfBcer) may inspect vessels and have them purified or 
 
 removed, 630. 
 Health Officer to take answers to questions on oath, 632. 
 
 to muster crews of vessels, and inspect dead bodies on board, 
 
 623. 
 to make annual Reports of vessels put in quarantine, 630. 
 Bedding may be destroyed and vessel cleansed, 263, 268. 
 sick persons may be removed from vessels, 260, 263. 
 perishable articles may be landed, 364. 
 whale carcases not to be allowed to drift about, 271. 
 meat or fish unfit for food, may be seized and destroyed, 623. 
 sharks and offensive fish, regulations may be made respecting sale of, 623. 
 Gunpowder (exceeding 112 lbs. of,) not to be kept in towns or harbours, 
 without special permission, 272. 
 QUARTERLY AUDIT and payment, 563. 
 
 of the demands of certain classes of public creditors, 563. 
 QUIETING OP ESTATES. 
 
 possession of land for twenty years, to be accounted a sufficient title, except 
 in certain cases, 14. 
 RAPE, proof of, and punishment for, 291. 
 REAL ESTATE. 
 
 to be liable for the payment of debts, 57. 
 
 belonging to deceased persons, may be authorised by Court of Chancery to 
 
 be sold for payment of debts, when personal estate is insufficient, 68. 
 sale of, with intent to defeat creditors, to be deemed fraudulent, 58. 
 liable for parish rates, whether owner be parishioner or not, 65. 
 RECEIVER GENERAL. (See Reyenue Officers. Treasurer.) 
 RECEIVERS of stolen property, how punishable, 817, 318. 
 
 Indictments for receiving, may contain Count for stealing, and vice versa, 717. 
 RECOVERIES (Common) customary mode and practice of, confirmed, 88. 
 REGISTRY of Mortgage Deeds, 51. (See Mortgages.) 
 of Deeds by married women, 34, 224. 
 of Deeds to bar Intails, 64, 278. 
 
 of Deeds under Act to simplify Transfer of property, 409. 
 RELEASE, Deeds of, to be as effectual as Deeds of Lease and Release by same parties, 
 351. 
 operation and effect of other Deeds, as, 409, 410. 
 REPEAL of obsolete and disused enactments, 649, 677. 
 of permanent Revenue Act of 1698, 495. 
 of repealed English Statutes, 258, 289. 
 
INDEX. 759 
 
 REPEAL— continued. 
 
 of Imperial Customs' Duties, 473. 
 RESTITUTION of stolen property, 717. 
 REVENUE, Collection of. (See "Acts of 1848, No, 10—1849, No. 13—1851, No. 1 
 
 —1852, No. 16—1853, No. 10—1860, No. 10— and see Act of 1861, 
 
 No. 14.) 
 annual, and appropriation of, for the year 1860-61, see pages 699 to 705. 
 REVENUE OFPICERS,mode of their appointment, 638, 720, 725. 
 
 (And see Act of 1861, No. 15.) 
 their salaries, 637, 719, 729. 
 their salaries for additional duties under Imperial Customs and Navigation 
 
 Laws, 663, 729. 
 to make annual returns of Trade, &c., 664. 
 
 fee for admeasuring vessels under Merchant Shipping Act, 664, 730. 
 their Books of Account, 722. 
 their powers, 723, 724, 727. 
 hours of attendance, &c., 727. 
 leave of absence, 726. 
 
 penalty for receiving, or offering perquisites to, 728. 
 not to be engaged in trade, 728. 
 protection of, in suits, 728. 
 
 public money in the Treasury, to be counted, 728. 
 REVIS AL OE THE LAWS. (See Acts of 1756, 1782, and 1829.) 
 RIOTOUSLY demolishing Churches or other Buildings, how punishable, 314. 
 ROADS. 
 
 former Acts for repairing of, repealed, 101. 
 
 width and courses of general highways, 105 to 108. 
 
 for making and enlarging, by Commissioners, 104. 
 
 for repairs of, by Commissioners, 104, 126, 161. 
 
 powers of Commissioners, in taking up lands, and otherwise, 105 to 109. 
 
 courses of cross-roads and longitudinal roads, to be traced by Commissioners, 
 
 on request, 124. 
 Commissioners to alter course of road between St. George's and the Ferry, 
 
 449. 
 Jurors valuing lands for, how appointed and paid, 107, 125. 
 owners of land neglecting to nominate Jurors, lands may be taken up, 125. 
 Mangrove trees and shrubs, adjoining road at Shelly Bay, to be preserved, 
 
 126. 
 mile stones and way-posts to be erected, 108. 
 petty nuisances, or annoyances on, how punishable, 445. 
 passengers on, on horseback and in carriages, &c., to keep to left hand side 
 
 of, 423. 
 Commissioners to meet every three months to hear complaints, 161. 
 Magistrates and Vestry may alter, turn, open, or stop up, roads and bye- 
 paths, other than public roads, 161. 
 (other enactments for making and repairing Roads, substituted by Act of 
 
 1861, No. 13.) 
 ROBBERY, and assaulting with intent to rob, how punishable, 306. 
 
 persons indicted for robbery, may be convicted of assault with intent to rob, 
 
 585. 
 SACRILEGE, punishment for, 307. 
 ST. GEORGE'S TOWN. 
 
 incorporation of, 83. 
 
 mode of electing members of the Corporation, and its powers, 83 to 85. 
 
 Mayor and Aldermen to be Justices of the Peace, 87. 
 
 property qualification of, and of voters for, 208. 
 its privileges as a Port, reserved, 70. 
 penalty on exporting or importing Goods elsewhere in Bermuda, than at St. 
 
 George's or Hamilton, without special permission, 69. 
 streets in, by whom and how to be repaired, 391. 
 Public Building at. (See PubHc Offices.) 
 Causeway. (See Causeway.) 
 appointment of Deputy Secretary at, to cease, 472. 
 ST. JOHN'S HILL. (See Naval Commander-in-Chief. Lands.) 
 
 96 
 
760 INDEX. 
 
 SALVAGE. 
 
 for ascertaining jurisdiction of Justices of the Peace, as to, 417. 
 
 Stat. 48 Geo. 3. c. 130, § 21 and 22, to be in force here, 419. 
 
 persons not duly employed, may be repelled by force from vessels in distress, 
 
 419. 
 penalty on impeding the saving of vessel or goods in distress, 419. 
 mode of proceeding by Justices to adjust salvage, 420. 
 saving of Admiralty jurisdiction, 420. 
 SCHOOL. 
 
 on the Glebe-of Sandy's and Southampton parishes. (See Act of 1782, not 
 
 carried into operation.) 
 or College in Devonshire parish, 130, 136. 
 
 establishing and incorporating Trustees for, and defining their powers, 
 
 130 to 135. 
 lands in Warwick, Pembroke and Devonshire parishes, vested in those 
 
 Trustees, 132. 
 Trustees, how to be elected, 131, 157. 
 
 majority of Trustees, whether standing or elective, competent to act, 
 157. 
 in Warwick parish, 131, (repealing Act of 1780.) 
 
 Trustees of Devonshire School empowered to sell the land in Warwick par- 
 ish, 186. 
 land in Warwick parish to be vested in Vestry, on payment of £300 within 
 a Umited time, and School to be built thereon, by assessment, 137 to 140. 
 SEAMEN, protection of, and their baggage, from certain demands, 35. 
 penalty on victuallers detaining their chests, &c., 35. 
 penalty on knowingly shipping any already shipped, 36. 
 conviction of, for absenting themselves from their duty, 36. 
 petty debts against, in certain cases, not to be enforced on their persons or 
 
 baggage, 617. 
 in Bermuda vessels, 519. 
 
 not to be carried away without written agreement, 519. 
 deserting or refusing to join ship, may be imprison- 
 ed, 520. 
 penalty on harbouring any deserter, 522. 
 petty debts of, not recoverable until conclusion of ser- 
 vice, 523. 
 effects of, not to be detained by publicans, 522. 
 Wages of, when payable, 522, how recoverable, 528. 
 
 when not suable for in Assize or Admiralty 
 Court, 524. 
 Common assaults by and on, punishable summarily, 524. 
 their Entry in Navy, not to be deemed desertion, 533. 
 on such Entry entitled to receive their clothing, &c., 534. 
 ^ persons prosecuted under Act of Parliament, not to be 
 prosecuted for same matter, under Bermuda Act, 534. 
 SEARCH-WAERANTS, 313, 318. 
 SECRETARY'S OFFICE, entering and clearing vessels at, discontinued, 472. 
 
 and appointment of Deputy Secretary at St. George's 
 discontinued, 472. 
 SECURITIES for money, stealing of, how punishable, 306. 
 SERVANTS AND CLERKS, depredations by, how punishable, 316. 
 SERVANTS in husbandry and their Masters, 
 
 disputes between, determinable summarily, 213, 220. 
 SET-OFF in Actions, English Statutes relating to, adopted, 117. 
 SHIPS. (See Vessels.) 
 
 SIGNIFICATION, defined, of certain frequently recurring words in Acts of the Leg- 
 islature, 256, 323, 536, 590. 
 SLAVERY, abolished, 206. 
 
 SPECIAL CASE, may be stated by parties, for Judgment of the Court, 241. 
 SPIRITUOUS LIQUORS, seUing of by retail. (See Liquor Shops.) 
 STATUTES (EngUsh), Collection of, imported for public use, 200. 
 repeal of certain, 258, 289, 473. 
 
INDEX. 761 
 
 STRAY CATTLE AND POULTRY, 691, 707. 
 former Acts relating to, repealed, 691. 
 Pound Keepers, to be chosen annually, 692. 
 rates of Poundage, 693. 
 stray cattle, trespass money for, 693. 
 
 may be detained in the Pound till special damage be satisfied or 
 
 secured, 693. 
 trespassing, may be pursued and impounded, 693. 
 penalty for rescuing, 693. 
 
 special damage by, how ascertained and recovered, 693. 
 if not redeemed, may be sold, 694. 
 
 penalty on turning loose, with a view to turn astray, 695. 
 Poultry, pigs, goats and sheep, trespassing after warning, may be killed, 695. 
 
 but only while actually trespassing, 707. 
 SUMMARY CONVICTIONS. (See Convictions ) 
 SUNDAY, penalty for using sports and pastimes on, 3, 16. 
 
 penalty for not repairing to Church, &c., on, except in certain cases, 3. 
 service of process on (except for felony or breach of the peace), void, 3. 
 penalty and forfeiture of Liquor Shop Licence, for selling liquor on, 543. 
 SURVEYOR GENERAL AND COMMISSIONERS to ascertain doubtful boundaries 
 
 of land, 58. 
 SWEARING AND CURSING. (See Oaths.) 
 
 penalty on profane, 3, 18. 
 TAVERN KEEPERS. (See Liquor Shops.) 
 TENANTS- AT- WILL. (See Landlord and Tenant.) 
 TENANTS AND LODGERS, depredations by, how punishable, 315. 
 THREATENING to accuse of infamous crime, how punishable, 307. 
 
 obtaining money, &c., by, 307. 
 TITLE DEEDS, steaUng of, how punishable, 310. 
 TRADE, for collecting of, at the West End, 65. (See Hamilton,) 66. 
 TRAILLE'S LAND, valuation of, and vesting in the Crown, for the Ordnance ser- 
 vice, 173. 
 TRANSPORTED CONVICTS. (See Convicts.) 
 TRANSFER OF PROPERTY BY DEED, 
 to simplify, 409 to 412. 
 Deed, with or without livery of seizin, or prior Lease, to operate as Lease 
 
 and Release, 409. 
 contingent or executory interests, rights of entry, and future estates (with 
 
 certain exceptions), assignable by deed, 410. 
 effect of words "Grant" or "Exchange," 410. 
 Feoffment, &c., when void, and not merely voidable, 410. 
 
 not to create estate by wrong, 410. 
 no contingent remainder to be hereafter created, 410. 
 existing contingent remainders not to be barred by merger, or destruction of 
 
 preceding estate, 410. 
 Executors or Administrators may convey the legal estate in mortgaged free- 
 holds, 411. 
 lonafde payment to Trustees, surviving mortgagees, &c., to discharge payer 
 from liability for misapplication, &c., 411. 
 TRAVERSES of Indictments not to be allowed, without sufficient cause, 416, 589. 
 TREASON, PETIT. (See Offences against the Person.) 
 TREAD- WHEELS, regulating punishments on, 376, 394. 
 Gaolers, to be superintendents of, 296. 
 females and boys not to be put on, 394. 
 height and rapidity of steps, limited, 394. 
 no prisoner to be put on, without sanction of Surgeon, 394. 
 contumacious prisoners on, how punishable, 395. 
 Tread-wheel may he moved from old to new Gaol, St. George's, 597. 
 TREASURY of the Colony, for regulating, 39. 
 
 TREASURER, or Receiver General. (See Revenue Officers, Revenue Collection.) 
 to take oath and give bond before officiating, 29. 
 to pay pubhc debts in regular succession, 30. 
 to affix in his office, Schedules of receipts and payments under particular 
 
 laws, 31. 
 to keep Book of Accounts, for inspection of the Legislative Bodies, 31. 
 
762 INDEX. 
 
 TREES AND SHRUBS, stealing or damaging, how punishable, 311, 312. 
 TRESPASSES, PETTY. (See Civil Suits before Justices, Petty Debts and Tres- 
 passes.) ■ 
 TRESPASSING on enclosed lands, penalty for, 49, 329. 
 
 TRUSTEES, 'bona fide payment to, to discharge payer from liability for misapplica- 
 tion of trust money, except in certain cases, 411. 
 VACCINATION. 
 
 Governor to issue Proclamation annually, for a general vaccination, 656, and 
 
 at other times when deemed prudent, 657. 
 inhabitants to be gratuitously vaccinated by persons appointed by the Ves- 
 tries, 657. 
 prisoners in Gaol not already eflfectually vaccinated, to be vaccinated, 658. 
 remuneration to vaccinators to be paid out of the Treasury, 657. 
 Forms of vaccination Returns to be printed,, 658. 
 ages of patients to be specified in Returns, 676. 
 VARIANCES between statements in writing and evidence, on Trials at Law, amend- 
 able, in certain cases, 563. 
 VEGETABLES, and cultivated plants, roots, &c., punishment for stealing or mali- 
 ciously damaging, 313. 
 VENIRE FACIAS WRITS, how tested and returnable in Court of General As- 
 size, 646. 
 VESSELS AND SHIPS. (See Pilotage.) 
 ■• may enter and clear without going to St. George's, 48. 
 
 vessels and cargoes rateable in the parish where their owner resides, 205. 
 entering and clearing of, at Secretary's OflSce, discontinued, 473. 
 in Hamilton Harbour, harbour regulations respecting, 569. 
 breaking into and stealing from, how punishable, 809. 
 destroying or damaging, how punishable, 314. 
 plundering wrecked vessels or goods, how punishable, 309. 
 penalty for not giving satisfactory account of wrecked goods, &c., in posses- 
 sion, 809. 
 VESTRY, for conducting matters incident to their parish, 72. 
 how chosen, 72. 
 
 property qualification of, and of voters for, 208. 
 
 of St. George, may proceed to business, although the Rector, being notified, 
 shall not attend, 667. 
 USE AND OCCUPATION OF LANDS. 
 
 damages recoverable for, in Action oS Assumpsit, 199. 
 USURY. (See Interest of Money.) 
 WAGER OF LAW, abolished, 241. 
 WARRANTIES, by tenant for life, void against remaindermen and reversioners, 46. 
 
 Collateral, by ancestor, when void against heir, 47. 
 WEIGHTS AND MEASURES, for uniformity of, 412. 
 English standard, adopted, 412, 413. 
 standard weights and measures to be imported, and tub measures to be issued 
 
 to the Magistrates, 413. 
 examiners of, to search shops, &c., and seize defective weights and measures, 
 
 414. 
 Churchwardens and Constables to do so, by direction of Justices, 414. 
 lead and pewter weights prohibited, 415. 
 WESLEYAN METHODIST MINISTERS, allowance to, out of the Treasury, 546. 
 WHARFS in Hamilton, regulations respecting, 569. 
 WILLS. 
 
 for recording certain Wills in the Secretary's Office, 330. 
 
 probates of, admissible ^rima^ie, in causes relating to real as well as personal 
 
 estates, 183. 
 stealing, destroying, or concealing, how punishable, 310. 
 amending the laws respecting, 324. 
 
 statutes 32 Hen. 8, and 85 Hen. 8, repealed, 324. 
 
 aU property disposable by will, 324. 
 
 Estates pur cmtre vie chargeable as assets, 335. 
 
 no will made by minor, or married woman, valid, (except in certain 
 
 cases,) 335. 
 mode of execution and attestation of wills, 335. 
 
INDEX. 763 
 
 WILLS — continued. 
 
 how revoked, and revived, 327. 
 from what time to take effect, 328. 
 
 construction of a residuary devise, of a general devise, and of a general 
 gift, 328. 
 
 of devise without words of limitation, 828. 
 
 of the words " die without issue," or "die without leaving 
 
 issue," 328. 
 of devise to trustees or executors, 329. 
 of devise of estate tail, or devise, or gift to child or issue of 
 testator, in certain cases, 329. 
 proved in West India Islands, or United States of North America, probates of 
 
 admissible, 616. 
 and probates of, in British Colonies, authenticated there, 516. 
 WINE SHOPS. (See Liquor Shops.) 
 WITNESSES. (See Evidence.) 
 
 pay for attending Courts in Civil Cases, 154, 187. 
 
 in Criminal Cases, 247, 493. 
 (See, also. Act of 1861, No. 5.) 
 Quaker, 182, 189, 257. 
 Moravian, 257. 
 not disqualified in matters relating to parish rates, although liable to be rated 
 
 in the same parish, 198. 
 not disqualified as interested in forged instruments, 257. 
 not incapacitated by crime or interest, except in certain cases, 380. 
 examination of on Interrogatories, when absent, or infirm, or about to leave 
 the Colony, 115, 116, 678. (See, also. Act of 1861, No. 8.) 
 
 orally, at Chambers, under Judge's Order, 181, 678. 
 orally, under Order of the Court of Chancery, 597. 
 process against, for non-attendance, 187, 679. 
 
 when objected to, on the ground that Verdict or Judgment would be evidence 
 for or against them, may be examined, and their names endorsed on record, 
 and the verdict or judgment not admissible, for or against them, 241. 
 WOMEN under Coverture. (See Married Women.) 
 WOODEN BUILDINGS in Hamilton and St. George's. 
 
 prohibited, with certain exceptions, and liable to be pulled down, 129. 
 definition of wooden buildings, under the Act, 601. 
 • Gallery roofs to be covered with metal, or stone, 601, 602. 
 Constables to execute Mayor's warrant, respecting, 601. 
 WRECKED VESSELS or Goods, plundering. (See Vessels.) 
 YOUNG MEN to pay parish rates, although living with their parents, &c., 7. 
 
APPENDIX. 
 
 Whereas it is expedient to have a Compilation qf the Acts of the Legislature of 
 Bermuda, remaining in force up to the end of the present year, printed for the public 
 service, at the public expense, with a Concise Index and convenient appendices and 
 notes of reference : and the Honorable John Harvey Darrell, the Chief Justice of the 
 Colony, has communicated to His Honor the Acting Governor, in a letter which has 
 been laid before the House of Assembly, his willingness to supervise the compiling 
 and printing of such a Collection of the Laws : — ^ 
 
 Besohed, that the Colonial Secretary of Bermuda be, and he hereby is authorised 
 and required to furnish to the said Chief Justice for the purpose aforesaid, upon being 
 requested so to do, printed Copies of any Acts of the Legislature which have been 
 heretofore printed at the public expense and are remaining in the Secretary's Office, 
 in all cases in which more than one of such printed Copies of any Act shall be re- 
 maining in that OfBce; and in any case in which not more than one such printed Copy, 
 or no such printed Copy, of any such Act shall be remaining in that Office ; then to 
 furnish to the said Chief Justice, upon request, a Manuscript Copy of such Act : and 
 also to furnish to him, upon request, a Manuscript Copy of any Order in Council, or 
 other Document or Record in that Office, relating to any Act of the Legislature. 
 
 And that the Clerk of the Assembly in like manner be, and he hereby is author- 
 ised and required, to furnish to the said Chief Justice for.the purpose aforesaid, upon 
 request, Manuscript Copies of any Act or Acts of the Legislature, or Documents or 
 Records relating to any such Act, which may be remaining in his Office. And that 
 the expense of any manuscript Copies furnished as aforesaid from the Secretary's 
 Office, or the Office of the Clerk of the Assembly, be provided for like other contingent 
 charges of Government. 
 
 Andwhereas some expense would necessarily be incurred for the transcription of papers 
 preparatory to printing any such Compilation as aforesaid : ResoTaed, that the Receiver 
 General be, and he hereby is authorised and required to pay out of any unappropriated 
 monies in the Public Treasury, under the usual Warrant, to any person or persons 
 employed by the said Chief Justice in the transcription of papers for this purpose, 
 from time to time, any sum or sums of money not exceeding in the whole the sum of 
 Fifty Pounds : provided that such remuneration for transcribing papers is never to 
 exceed the rate allowed by law for copying papers required from the Public Offices. 
 
 JResohed also, that the Receiver General be, and he hereby is authorised and re- 
 quired to pay out of any unappropriated monies in the Public Treasury, under the 
 usual Warrant, to any person or persons authorised by the Governor and Council to 
 receive the same, from time to time, any sum or sums of money, not exceeding in the 
 whole the sum of Four Hundred Pounds ; for the purpose of having printed and bound 
 not fewer than one hundred and fifty Copies of such a Compilation of the Acts of the 
 Legislature, as aforesaid ; together with a concise Index thereto, and such lists of titles 
 of repealed and expired Acts, marginal abstracts, appendices, and notes of reference, 
 as may be considered likely to render such a Compilation more useful and advantageous 
 to the Colony : such printing to be executed by such person or persons in Bermuda, 
 or elsewhere, in such manner, and upon such terms, as shall be approved by the Gov- 
 ernor and Council. 
 
 Sesohed, that when the said Compilation shall be completed and printed as afore- 
 said, one Copy thereof shall be deposited with the Governor or Officer administering 
 
766 APPENDIX. 
 
 the Government of these Islands for the time being, one Copy with the Clerk of the 
 Legislative Council, one Copy with the Clerk of the Assembly, one Copy with the 
 Clerk of the Court of Chancery, one Copy with the Clerk of the Court of General As- 
 size, one Copy with the Clerk of the Court of Quarter Sessions, one Copy with each of 
 Her Majesty's Justices of the Peace in these. Islands, one Copy with the Mayor of 
 Hamilton, one Copy with the Mayor of St. George's, one Copy in the Secretary's Office, 
 one Copy with the Provost Marshal General, one Copy with the Clerk of the Vestry of 
 each of the nine parishes in these Islands, one Copy in the Bermuda Library ; — to be 
 kept by those several functionaries respectively during their tenure of Office respect- 
 ively, for the public service : and upon either of them ceasing to hold such Office, the 
 Copy so held by him to be handed over to his successor in Office, as a Book pertaining 
 to such Office, and not as his private property. 
 
 And that the rest of the Copies of the said Compilation not so appropriated as 
 aforesaid, be deposited in the Office of the Clerk of Her Majesty's CouncU, to be appro- 
 priated or disposed'of as may hereafter be directed from time to time by any joint vote 
 of the Governor, Council, and Assembly of these Islands. 
 
 Passed the Assembly this 18th day of August, 1859. 
 
 ALEX'R EWING, Speaker. 
 
 Concurred in by the Legislative Council this 23d day of August, 1859. 
 
 JOHN HARVEY DARRELL, PremLmt. 
 
 Assented to this twenty-sixth day of August, 1859. 
 
 A. T. HEMPHILL, 
 
 Acting Governor. 
 
LIST OF TITLES 
 
 BERMUDA ACTS OF ASSEMBLY. 
 
 ISAAC RIOHIER, Goveenoe. 
 Passed 
 
 1690-91. An Act for vacating the indefinite Acts made at the last 
 Sessions of Assembly. 
 
 An Act for the strict observation of the Lord's Day, 
 commonly called Sunday. 
 
 An Act against Swearing and Cursing. 
 
 An Act against Bastardy and Incontinency. ( i q^?*m V 
 
 An Act against Gaming. 
 
 An Act for keeping a diligent Guard at the Castle and) Repealed, 
 Pagitt's Fort. J 1857, No. 7. 
 
 An Act for keeping a good LooTc-out at the Mount in) Repealed, 
 St. George's. \ 1857, No. 7. 
 
 An Act for preventing mischief by Dogs. 
 
 An Act for the speedy recovery of Debts and Damages by ) Repealed, 
 Merchants, Strangers, Mariners, &c. ) 1814. 
 
 An Act for trying sluj Deits or difference, not exceeding) |,. ,, , 
 twenty shillings, by the Justice of the Peace. J ' auowea. 
 
 An Act for recovery of Debts from persons Insolvent. }■ Disallowed. 
 
 An Act to prevent parish charges by Foot Persons re-) Suspended, 
 moving from one Tribe to another. J 1834, No. 11. 
 
 An Act against buying and ingrossing Corn and mer-^ Repealed, 
 chandize. J 1857, No. 7. 
 
 An Act directing what warning is to be given to a Tenant 
 
 at Will. ' 
 An Act to prevent Destructions of Boundaries. 
 An Act to prevent the destruction of Button Wood. 
 
 An Act against the removing and taking away Boats from 
 their mooring-place. 
 
 An Act against Deceit in making up Tobacco. V ^gg^ ^^^ ^^ 
 
 97 
 
768 TITLES OF BERMUDA ACTS. 
 
 Passed 
 
 1690-91. An Act for putting out Apprentices, and setting idle persons ) Suspended, 
 
 to work. J 1834, No. 5. 
 
 " AnAct to prevent buying.sellingorBargainingwithiVejrjws) Slavery abol- 
 
 and other Slaves. J ished, 1834. 
 
 An Act for trying Negroes and Slaves. \ I'j&i:. 
 
 An Act for Young Men to pay parish Duties. 
 
 An Act for Vessels paying Powder-Money. \ 1840,^No. 9. 
 
 An Act to prevent Stealing Corn, Palmetto tops and) Kepealed, 
 Provisions. J 1836, No. 19. 
 
 Repealed, 
 1761. 
 
 " An Act for repairing the Highways. \ 
 
 " An Act to prevent Damage by Cattle, Poultry, &c. | 1857 ^No. 7. 
 
 " An Act for maintaining the Publick Bridges. 
 
 " An Act to prevent the Destruction and transporting of ) Repealed, 
 
 Palmetto tops and Brooms. J 1836, No. 19. 
 
 " An Act for settling Intestates^ Estates. 
 
 " An Act for preventing differences about Dry Goods im- ) j)isaiiowed 
 ported into these Islands. f 
 
 " An Act for the liberty of the Subject. \ Disallowed. 
 
 " An Act about Pleading. 
 
 " An Act appointing the number of the Assembly and the 
 
 registring the Acts. 
 " An Act for establishing and regulating the Courts of Judi- ) Repealed, 
 
 eature. \ 1814. 
 
 " An Act for quieting Men's Estates, and preventing Law- ) r)-„.ii. j 
 suits. f ' ^^ ■ 
 
 " An Act about Shipping, &e. \ Disallowed. 
 
 " An Act to regulate the Militia. I ^^g^^No'^V 
 
 JOHN GODDARD, Lieutenant Governor. 
 
 1693. An Act for the due regulation of Weights and Measures. \ ^M^^%t fi 
 
 " An Act for the alteration and amendinent of several Acts of ) T^• n j 
 Assembly. [ Disallowed. 
 
 " An Act for settling a yearly Revenue upon the Ministers 
 of these Islands. 
 
 " An Act for liberty of the subject from illegal Imprisonment. \ Disallowed. 
 
 " An Act for selling the Governor's old House, and erecting) 
 
 of a new House, fitted to the entertainment and accom- > Executed, 
 modation of the present and succeeding Governors. ) 
 
 " An Act to. prevent /a&e Alarms. 
 
 " An Act for preventing the destruction of young Cedars. 
 
 1694. An Act for settling the Governor's and all hisOflBcers') Repealed, 
 
 fees. \ 1819, 1857. 
 
 " An Act for limiting the time when Appeals shall be prose-) Such appeals 
 cuted that are claimed from the Courts of Common Law > abolished, 
 to the Governor and Council of Bermuda. ) 1818. 
 
TITLES OF BERMUDA ACTS. 769 
 
 Passed 
 1694. An Act laying an Imposition on all Jews and reputed Jews) Repealed, 
 trading or merchandizing in these Islands. J 1760. 
 
 " An Act for payment of the Soldiers at the Castle. i 18'^7*No V 
 
 " An additional Act for encouragement of the Pilot of these ) Kepealed, 
 Islands. J 1784. 
 
 " An Act ioT payment of the AssemMy a.t&llivLt\xtea.nABUc-} Repealed, 
 ceeding Sessions thereof. ) 1762. 
 
 " An Act for regulating and settling a method in underwri-) Repealed, 
 
 ting persons hound out to sea. J 1847, No. 15. 
 
 " An additional clause to an Act intituled "An Act for estah- "l 
 
 lishing and regulating the Courts of Judicature" relating i Repealed, 
 to the summoning of Jurors to serve at an Exchequer f 1814. 
 or Special Court. J 
 
 " An Act against Exportation of Corn out of these Islands. \ 1 057 Mq 7 
 
 SAMUEL DAY, Lieutenant Goveknoe. 
 
 1698. An Act for the restraining and punishing Privateers and) jjigaHo-vyed 
 Pirates. J 
 
 " An Act for the erecting and building an Hovse for the pres- ) gynj-oj 
 ent and succeeding Governors of these Islands. ) " 
 
 " An Act for addition and amendment to an Act intituled^ Renealed 
 
 "An Act to prevent the destruction and transportation > igog w- ig 
 of Palmetto tops and Brooms." ) > • • 
 
 " An Act for settling a Current Value on Tobacco of the growth ) Repealed, 
 of these Islands. S 1857, No. 7. 
 
 Additions and alterations to the Act intituled "An Act for) Repealed, 
 repairing the Highways.'''' J 1761. 
 
 " An Act to prevent i\ie' Stealing of Oranges and other) Repealed, 
 Fruits. 5 1857, No. 7. 
 
 " An Addition to the Act for trying Negroes in Criminal ) Repealed, 
 Cases. J 1764. 
 
 " An Act for raising a PuHieh Reoenue for the support of the ) Repealed, 
 Government of these His Majesty's Islands. J 1848, No. 8. 
 
 BENJAMIN BENNETT, Lieutenant Govebnor. 
 
 \d- 
 
 Expired. 
 
 1701. An Act for the speedy reparation of the Castle, Forts, and' 
 Platforms belonging to these Islands, and for building 
 Barracks with chimneys to each Fort, where needful, 
 and for raising a present supply of Monies for that 
 end. 
 
 " An Act to prevent the oppression and Extortion of Offi- ) pigallowed. 
 cers. 1 
 
 An Act for establishing Fast Pays to be celebrated in these ) Repealed, 
 Isla,nds, in an anniversary course. ) 1857, No. 7. 
 
 " An Act to prohibit any from retailing Rum or Liquors pub- ) Repealed, 
 lickly, without Licence from the Justice of the Peace. J 1859, No. 9. 
 
 " An Act to prevent the evading the payment of just Debts) Repealed, 
 
 and Satisfaction of Damages. S 18*7, No. 15. 
 
 1703. An additional clause to an A ct intituled " An Act for Ves- ) Repesded 
 sels paying Powder Money'' S l^^Oj No. 9. 
 
770 TITLES OF BERMUDA ACTS. 
 
 Passed 
 
 1703-4:. An Act for raising a Publiah Revenue for the support of the) ^^^irei. 
 Government of these Her Majesty's Islands. J 
 
 " An Act to prevent the destruction of Fish, by Net-Haul-) jj^pji-gd. 
 ing. S 
 
 1704. An Act for the attaching the Ooods or Effects of any^ 
 
 persons, inhabitants or others, not residing in these > Expired. 
 Islands. ) 
 
 An Act for punishing such persons as shall presume to clip, ) Expired, 
 deface, or otherwise diminish Spanish money. ) 
 
 An Act to prevent Attornies suing without giving Security 
 to make good Costs and Damages. 
 
 A A . • 7D7 , .■ 7? 7 I See 1847, No. 
 
 An Act concerning Plantation Bonds. > jg_ 
 
 An Act to prevent the Insolency of Negroes and other) pigj^Uovvred. 
 Slaves. S 
 
 An Act for the speedy payment of Bills of Costs at Com- 
 mon Law and Courts of Chancery in these Islands. 
 
 An Act for punishing of Officers and Soldiers under Pay 1 
 
 that shall mutiny or desert in Her Majesty's Bermudas Expired, 
 or Summer Islands. ) 
 
 1707. An Act impowering Justices of the Peace to hear and deter- ^ Renealed 
 
 mine any Debt or difference not exceeding the sum of> i qkq Wq 'i q 
 Forty shillings. ) > • • 
 
 " An Act for Quieting Estates and preventing Lawsuits. 
 
 " An Act for raising a Sum of money for the encouragement "] 
 
 oipersor\B to go to the Kingdoni of England, axtd defray- (j'xnircd 
 ing the expenses of the same, to manage some emergent ( " 
 afifairs of these Her Majesty's Islands. J 
 
 " Additional clauses to the foregoing Act. } Expired. 
 
 1706. 
 
 An Act for the further regulating the Courts of Judicature) -p„„:-pA 
 in these Islands. ) 
 
 1707. An additional clause to explain the Act intituled "An Act) Repealed, 
 
 against Bastardy and Incontinency." j 1857, No. 7. 
 
 " An Act for settling a Current value u^od foreign Gold in 
 these Islands. 
 
 1709-10. An Act impowering Richard Jennings to sell one share of 
 land in Smith's Tribe. 
 
 1708. An Additional Clause to an Act intituled "An Act for reg-J Repealed, 
 
 ulating the Militia:' J 1857, No. 7. 
 
 1710. An Act to prevent charges upon the Pullich Treasury of) ^--j-gj 
 these Islands. \ " 
 
 " An Act for prolongingthe Act intituled "An Act to prevent^ 
 
 the destruction of Fish, by Net-hauling," and an addi- V Expired, 
 tional clause to the said Act. ) 
 
 1713. An Act to vest certain lands in Smith's Tribe in Trustees 
 to be sold for payment of the Debts of Bichard Jennings 
 son and heir of Richard Jennings, merchant, deceased, 
 and for laying out the overplus (if any) of the monies 
 to be raised by such Sale in the purchase of other 
 lands. 
 
 1713-14. An Act for raising the sum of one hundred and fifty pounds 
 money, to supply the like sum voted by the Assembly 
 the seventh day of May last, to he presented to Sir John j- Expired. 
 Bennett out of the Powder money then in Captain George 
 Tucker's hands. 
 
TITLES OF BERMUDA ACTS. 771 
 
 Passed 
 1713-14. An Act intituled "Additions and alterations to several^ 
 
 Acts of Assembly made in the time of the Government I Repealed, 
 of Isaac Eichier and Samuel Day, Esquires, late Gov- | 1857, No. 7. 
 ernors." J 
 
 1715. An Act for prolonging the Act intituled " An Act to supply ") 
 
 the deficiency of the several Funds in these Islands for ! „ . , 
 and towards the Building a new House for the present f J^^P"'^o- 
 and future Governours." J 
 
 BENJAMIN BENNETT, Lieutenant Governok, (2d time.) 
 
 1717. An additional clause to an Act intituled " An Act for the 
 
 better observation of the Lord's Day, commonly called 
 Sunday." 
 
 " An Act for alteration and amendment of seeeral Acts of ) Repealed, 
 Assembly. \ 1857, No. 7. 
 
 " An Act for limiting the time the names of such jiersons as) See 1844, & 
 are hound off these Islands shall be published. J 1847, No. 16. 
 
 " An additional clause to the Act intituled "An Act to sup- "] 
 
 ply the deficiency of the several Funds in these Islands It, ■ ^ 
 for and towards the building a new Rouse for the pres- | ■'^^P"'®'*' 
 ent and future Governours." J 
 
 1718. An Act for the greater encourasrement of plantinj; /acZian ) •,, . , 
 
 Crni in these Islands. ^Expired. 
 
 1721 . An Act to supply the deficiency of several Funds in these ' 
 Islands for finishing and compleating a House for the 
 present and succeeding Governours, and repairing the J- Disallowed. 
 Castle and other Fortifications, and for defraying the 
 other publick charges of these Islands. 
 
 JOHN HOPE, Lieutenant Goveenok. 
 
 1722. An Act to prevent the destruction of Palmetto trees, and ) Penealed 
 
 to prevent fraud in the measure of Piatt in these >-,„oc xt in 
 Islands. S ^^^''' ^°- ^^- 
 
 " An Act for renewing the Act intituled "An Act for the) 
 
 greater encouragement of planting /nalM?i Corn in these >■ Expired. 
 Islands." ) 
 
 "1 Suspending 
 " An Act for lessening the nuniber of the Assembly and regis- { Clause, 
 tring the Acts. I Repealed, 
 
 J 1762. 
 
 1722-23. An Act for making an addition to the Salary of His Excel- \ j;„„;_„j 
 lency John Hope, Esquire, Governour of these Islands. / ^ 
 
 " An Act to prevent any person or persons in these Islands ) 
 
 from making, having or keeping any Net or Nets ex- ( j; ^pj ^^j 
 ceeding the length of three fathoms and a half in his or | * 
 their houses or other places whatsoever. J 
 
 1723. An Act to supply the deficiency of the several Funds in 1 
 
 these Islands, and for the immediate support of the> Disallowed. 
 Government, and for the repairing the Fortifications. ) 
 
 " An Act for the better security of all such as are lawfully ) 
 
 possessed of any Negroes or other slaves in these Islands, / Slavery abol- 
 whereby to secure their lawful rights, interest and prop- j ished, 1884. 
 erty of and to the same. ) 
 
1727. 
 
 772 TITLES OF BERMUDA ACTS. 
 
 Passed 
 
 1723. An Act for prolonging and making some alterations in the) 
 
 Act intituled "An Act for the attaching the Ooods or> Expired. 
 
 EfTects of any person " (&c). ) 
 
 " A second additional clause to an act intituled " An Act for) Repealed, 
 Vessels paying Powder Moneys \ 1840. 
 
 " An Act against Bastardy. 
 
 An Act for raising a sum of money for the speedy repair- ) -PyDired 
 ing the Castle and other Fortiflcations in these Islands. ) " 
 
 An Act for repealing an Act intituled "An Act to prevent") 
 
 the destruction and transportation of Palmetto tops I Suspending 
 and Brooms, as also for repealing an Act for addition j Clause, 
 and amendment to the aforesaid Act. J 
 
 An Act for raising a quantity of Timber, Plank and Lime, J 
 
 necessary for repairing the Castle and other Fortijica- > Expired. 
 tions of these Islands. ) 
 
 An Act for raising a sum of money necessary for the re- J 
 
 pairing the Castle and other Fortifications of theses Expired. 
 Islands. ) 
 
 An Act to prevent any person or persons whatsoever in ") 
 these Islands, from making, having or keeping any ?iet i 
 or Nets exceeding the length of three fathoms and a \ Expired, 
 half in his or their Houses, or other places whatsoever; j 
 and to prevent hauling fish by any other contrivance, j 
 
 JOHN PITT, LlEUTEKANT GoVERKOK. 
 
 1728. 
 
 An Act for repealing an Act intituled " An Act for estab- ) ^ ,. 
 
 lishing Fast days to be celebrated in these Islands in \ ^i^Penamg 
 an anniversary course." ) clause. 
 
 " An Act laying an Imposition aa Negroes and other Slaves) -p . , 
 imported into these Islands. f iixpirecl. 
 
 1728-29. An Act to prevent any person or persons allowing and en- ") 
 
 couraging any Negroes or other Slaves from rioting and {„ . , 
 meeting at unseasonable times in his or their Houses ( ^^P""^"!. 
 and possessions. J 
 
 " A further additional Act for the more speedy reparation of ) ^ . , 
 the Highways in and throughout these Islands. j ^^P""6d. 
 
 " An Act to svpply the deficiency of the several Funds in ) 
 
 these Islands, for finishing the Fortifications, and for> Expired, 
 defraying the other charges of this Government. ) 
 
 " An Act for making an addition to the Salary of His Excel- \ „ . , 
 lency John Pitt, Esq., Governor of these Islands. \ ^^P""ea. 
 
 1729-30. An Act for extirpating all Free Negroes, Indians, Mulattoes, ' 
 such as have been slaves (and freed or to be freed) so as 
 they da not remain in these Islands above the space of 
 six months after such freedom, or no longer time here 
 than the said space of six months after the publication 
 hereof for those already freed. , 
 
 Expired. 
 
 An Act to prevent any person or persons whatsoever in ") 
 these Islands from having or keeping any Drudge or \ 
 Drudges or other Instrument to drag up Oysters and \ Expired. 
 Muscles, and to prevent bawling or dragging up the I 
 same. J 
 
 An Act for raising a sum of money for payment of the PttJ-) „ • , 
 lie Debts of these Islands. \ Expired. 
 
TITLES OF BERMUDA ACTS. 773 
 
 Passed 
 
 1730. An Act for the further and better regulating Regroes and) 
 
 other Slcmes ; and for the more effectual and speedy way > Expired, 
 of prosecuting them in Criminal Causes. ) 
 
 " An Act for the security of the subject, to prevent the for- J „ . , 
 feiture of life and estate upon Killing a Negro or other y ?ton ' 
 Slme. ) I'^S^- 
 
 1730-31. An Act for the Attaching the Goods or Effects of any per-^ 
 
 sons, inhabitants or others, not residing upon these > Expired. 
 Islands. ) 
 
 " An Act to prevent Attornies defending titles of Lands and^ 
 
 Tenements without giving security to make good Costs > Expired, 
 and Damages. ) 
 
 " An Act to supply the deficiency of the several Funds, (&c.) \ Disallowed. 
 
 1731. An Act for the regulating and more speedy repairs of the^ 
 
 Highways and public paths in and throughout these > Expired. 
 Islands. ) 
 
 " A second additional Clause to an Act intituled " An Act J Renealed 
 for Keeping a diligent Oua/rd at the Castle and Pagit's >■ ■. oKtr" -vr^ >, 
 Fort." ) 1 00 (.ISO. (. 
 
 An Act to prevent the spreading of the now mortal dis- "l 
 
 temper, the Small Pox, which hath been found for want I i^-pj-gj 
 of remedy, to be infective to the inhabitants of these [ " 
 Islands. J 
 
 " An additional Clause to the Act intituled " An Act for the) w^nirpd 
 further and better regulating Negroes and Slaves," (&c.) f " 
 
 " An Act for ascertaining the Bounds of Lands within these) i^^nj-pj 
 Islands; also, for Settling the Surveyor's fees. J 
 
 1732. An Additional Clause to the Act about Swearing and Curs- 
 
 ing. 
 
 " A further additional clause to the Act intituled '' An Act) w„„;_„j 
 for the further and better regulating Negroes," (&c.) j ' 
 
 " An Act to prevent any person or persons allowing and enO 
 
 couraging any Negroes or other Slaves from rioting and >■ Expired, 
 meeting, (&c.) ) 
 
 " An Act laying an Impost upon any person whatsoever that) j;„j,i_„j 
 shall raise the Flatus Bridge. ) ^ 
 
 " An Act to prevent Debtors evading the due Course of Jus- ) j'xnired 
 tice in these Islands. J ^ 
 
 " An additional clause to the Act intituled " An Act to pre- ) jjenealed 
 
 vent the destruction of Palmetto trees, and to prevent V loog jjg in 
 fraud in the measure of Piatt in these Islands." ) i • • 
 
 " An Act for raising a sum of money for payment of the ) jj^nired 
 Public Debts of these Islands. S '■ 
 
 1733. An additional clause to an Act intituled " An Act to pre- ) Repealed, 
 
 vent Damage by Cattle, Poultry," (&c.) S 1857, No. 7. 
 
 " An additional clause to explain and amend an Act intituled J Kenealed 
 
 " An Act to prevent Stealing Corn, Palmetto tops, V ^gg^ -^^ '^^ 
 Pumpions, or any Provisions." ) > • • 
 
 " An Act for renewing and making some alterations to the ) 
 
 Act intituled " An Act for the further and better regu- > Expired, 
 lating Negroes and other Slaves," (&c.) ) 
 
 1733-4. An Act laying a Duty upon the Whale Fishery of these "| 
 
 Islands, for the use of His Excellency the Governor, in I jj^^pj^gj 
 lieu of the benefits formerly accruing to His said Ex- | ^ 
 cellency thereby. I 
 
Expired. 
 
 774 TITLES OF BERMUDA ACTS. 
 
 Passed 
 
 1734. An Act to prevent vexatious Suits : and for limiting the "] 
 
 time of returning Executions issued on Judgments, ob- I j;^p;ygj 
 tained at the Court of Common Pleas, and other Courts f ^ 
 of Judicature in these Islands. J 
 
 " An Act for the renewing the Act [of 1728], intituled " An^ 
 
 Act to prevent any person or persons whatsoever in ( jjjjpired. 
 these Islands from making, having, or keeping any f 
 Mt," (&c.) J 
 
 " An Act for raising a sum of money for payment of the) g^^j^gj 
 Public Beits of these Islands. ) "^ 
 
 1735. An Act for laying an Imposition on Morses, in order to pre-1 
 
 vent the increase thereof; and for eneouraging the ex-y Expired, 
 portation of the same. ) 
 
 " AnAct to inforce the Inhabitants of all those Parisheswho" 
 have not paid the duty of two shillings per head on 
 Horses and Mares, due before the repeal of the Act in- 
 tituled " An Act to supply the deficiency of the several 
 Funds of these Islands for defraying the charges of the 
 Government," — to pay the same. 
 
 " An Act for appointing a Gwird to attend His Excellency J t, , , 
 the Governor of these Islands, for the time being, at his > , orS -vr V 
 going to Divine Service. ) ^''°'' ^^°- '■ 
 
 1736. An Act for the attacTiing the Goods or Effects of any per-) Trxn'-pj 
 
 sons not residing, ((fcc.) J pi e . 
 
 " An Act for renewing an Act intituled "AnAct for the) -p • j 
 further and better regulating Negroes,'" (&c.) J xpireo. 
 
 1737-38. An Act to prevent any person or persons whatever in) 
 
 these Islands from making or keeping any Net or Nets\ Expired, 
 exceeding, (&c.) ) 
 
 " An Act for renewing an Act intituled An Act to prevent) 
 
 vexatious suits, and for limiting the time of returning >• Expired. 
 executions, (&c.) ) 
 
 " An Act to inforce such of the Inhabitants of these Islands "| 
 
 who have not paid the Impost laid on Morses and Mares I -p . , 
 mentioned in an Act intituled An Act for laying an Im- / ^^P"'^"- 
 position on Horses (&c.) to pay the said Impost. J 
 
 " An Act for raising a sum of money for the payment of the) -ri - 
 
 Puilic Debts of these Islands. \ iixpired. 
 
 " An Act for ascertaining the Bounds of Lands within these ) ^ . , 
 Islands, as also for settling the Surveyor's fees. \ Expired. 
 
 " An Act for renewing an Act, entitled An Act to prevent) 
 
 Attorneys defending Titles of lands and tenements with- >• Expired, 
 out giving security to make good Costs and Damages. ) 
 
 ALURED POPPLE, Govebnok. 
 
 1738. An Act for laying a Duty upon the Whale Fishery of these "] 
 
 Islands for the use of His Excellency the Governour, in I ^ . , 
 lieu of the profitts that did arise from granting Lycences ( ^^P'''^"- 
 for the said Fishery. J 
 
 An Act for allowing and paying yearly £1C0 to Mis Excel-') 
 
 lency Alured Popple, Esq., Governour and Commander t Expired, 
 in Chief of these Islands. j 
 
 " An Act for making an addition to the Sallary of Mis Ex- ) 
 
 cellency Alured Popple, Esq., Governour of these Isl- V Expired, 
 ands, and for raising a Fund for the defraying the same. ) 
 
TITLES OF BERMUDA ACTS. 775 
 
 Passed 
 1738-39. An Act for renewing and making some alterations to the) 
 
 Act intituled An Act for the regulating and more speedy > Expired, 
 repairs of the Highway, (&o.) ) 
 
 " An Act to prevent the destroying and murthering of Bob- \ See 
 
 tari Ghildren in these Islands. \ 1838, No. 2. 
 
 " An Act for the better regulating Jurors to serve in the 
 several Courts in these Islands. 
 
 " An Act to prevent N-usances, and to regulate several Dis- ) Repealed, 
 orders in these Islands. J 1859, No. 9. 
 
 1739. An Act for prolonging an Act intituled An Act to prevent) ' 
 
 any person or persons allowing and encouraging anyJ/e-> Expired. 
 groes or other Slams from Rioting, &c. ) 
 
 " An Act for raising a sum of money for the payment of the ) -r, • , 
 Public Debts of these Islands. \ Jixpirea. 
 
 " An Act for raising money for the speedy repairs of the ) -ci ■ j 
 several Fortifications of these Islands. \ ^P'''® • 
 
 1740. An Act for preventing the exportation of Cattle from these ) y„_-„„j 
 
 Islands. ^ 
 
 " An Act for ^toraii?i(7 iafZiffiji Corra and other Provisions. |- Expired. 
 
 " An Act to prevent Law-suits. 
 
 1740-41. An Act to regulate the Whale Fishery of these Islands. j- Expired. 
 
 1741. An Act for the better regulating the Militia. \ Expired. 
 
 An Act for raising a sum of money for defraying the Pub- ) j^pj^gj 
 lie charges of these Islands. ) " 
 
 1743. An Act renewing the Act for better regulating Negroes, \ jj^pired 
 (&c.), and the Act for attaching the Goods, (&c.) ( ^ 
 
 An Act for collecting a Duty of Gunpowder. | lMO,^Na 9. 
 
 1743. An Act for laying a Buty on several sorts of Liquors that ") 
 
 shall be imported and landed in these Islands, and for I Supposed to 
 raising a Revenue for the support of this Government, | have been 
 and for repealing a former Act, passed in the year 1698, ', disallowed as 
 intituled An Act for raising a Publick Revenue for the ' th" Apt nf 
 support of the Government of these His Majesty's Isl- 
 ands ; together with an additional clause made thereto, 
 passed the twelfth of January, 1708-9. 
 
 " An Act to prevent the exportation of live Cattle from off ) j;™;j.gj_ 
 these Islands. ) 
 
 " An Act to prevent anywhite persons buying or receiving) jjepe^jej 
 
 Stolen Goods of any Negro, Mulatto, Mustee, or Indian, f 1 836 No 11 
 being either Slave or Free Person. ) . ■ • 
 
 1744. An Act for the better distribution of Intestates Estates. 
 
 " An Act for raising an additional sum of money for payment ) Ej-pijgjj 
 
 of the Public Debts of these Islands. ) ' '■ 
 
 " An Act for altering and amending an Act intituled " An ) Repealed, 
 
 Act for collecting a Duty of Gunpowder:' J 1840, No. 9. 
 
 " An Act constituting and establishing a Court of Errors in ) Repealed, 
 
 these Islands. S 1^14. 
 
 1744-45. An Act obliging persons in the several Parishes in these ) g^ jj.^^ 
 
 Islands to serve as Church-wa/rdens. ) 
 
 1745. An Act for increasing the annual Sallary of the Minister 
 
 for the parish of St. George's for the time bemg. 
 98 
 
 the Act of 
 
 1698remained 
 
 in force. 
 
776 TITLES OF BERMUDA ACTS. 
 
 Passed 
 
 1746. An Act for renewing the Act intituled An Act for the bet- ) j;™;j.gj 
 ter regulating the Militia. i 
 
 1755. An Act for the speedy Trial of Slames in Criminal Causes. J- Expired. 
 
 " An Act for renewing- an Act intituled An Act for the ai- } j;™;jg^_ 
 tacking the Goo&, (&c.) ) 
 
 " An Act for the regulating the Militia of these His Majes- ) j;^pjj.gj 
 ty's Islands of Bermuda. \ ^ 
 
 WILLIAM POPPLE, Govbenoe. 
 
 1756. An Act for raising of money to the use of H. M. his Heirs ' 
 
 and Successors by a tonnage on Vessels, and also by a 
 Duty on all Kum retailed and expended in these Islands : , gypj-gj 
 for raising a Fund as well for the payment of a Sallary \ " 
 • to Sis Excellency William Popple, Esq., Governor of 
 these H. M. Islands, and for other purposes. J 
 
 " An Act for ascertaining the Bounds of Lands in these Isl- ) j;„j,ired 
 
 ands. ' S 
 
 " An Act for the Revisal of the Laws of these Islands. 
 
 " An Act to encourage and the better enable the Rev. Alex- ' 
 ander Richardson, Clerk, Rector of the parish of St. 
 George, and others, the Clergy of these Islands, to plant \ Expired. 
 and cultivate the Oldie Lands belonging to their respec- 
 tive Parishes. 
 
 1757. An Act for altering, amending and prolonging an Act in- ) p . . 
 
 tituled An Act for the regulating the Militia, (&c.) ( iixpu-ea. 
 
 " An Act for amending, renewing and prolonging the Act [of J 
 
 1755] for the speedy Trial of Slaves in Criminal > Expired. 
 Causes. ) 
 
 " An Act for renewing and prolonging of an Act intituled An ) -p ■ ^ 
 Act for the attaching the Goods, (&c.) j Jixpirea. 
 
 1758. An Act for regulating the Militia of these His Majesty's ) -f, . , 
 
 Islands of Bermuda. \ Ji-^PU-ed. 
 
 " A Rider to that Act. \ Expired. 
 
 " An Act to prevent any person whatsoever in these Islands ) -p ■ ■, 
 (&c.) keeping any Ret or Netts exceeding, (&c.) \ Ji-xpired. 
 
 1759. An Act for renewing and prolonging of an Act [of 1766] J 
 
 intituled An Act for ascertaining the Bounds of Lands > Expired; 
 in these Islands. ) 
 
 " An Act for the attaching the Money, Goods, Wares, (&c.) \ Expired. 
 
 1760. An Act to prevent the spreading of the Small Pox. \ Expired. 
 
 " An Act for the altering, amending and explaining an Act) 
 
 intituled An Act to prevent the spreading of the Smally Expired. 
 Pox. ) 
 
 " An Act for building a Public Gaol for these Islands, and ) ^ 
 
 for raising a Fund for defraying the charge of the same. \ J^-^^cuted. 
 
 " An Act for the repealing of an Act intituled An Act laying 
 an Imposition on all Jews and reputed Jews trading or 
 merchandizing to these Islands. 
 
 " An Act for the ascertaining the rate of Interest of money 
 in these Islands, and for restraining the taking of exces- 
 sive Usury. 
 
TITLES OF BERMUDA ACTS. 
 
 777 
 
 Passed 
 1761. 
 
 1762. 
 
 An Act for the continuing of General Assemblys in case of 
 the death or demise of Sis Majesty, His Heirs or Suc- 
 cessors, and for making valid all Acts of the Governor 
 and Council for the time to come, and all Judgments 
 and proceedings at Law which have already happened 
 or shall happen between the death of any King or 
 Queen of Great Britain, and the notification thereof in 
 these Islands. 
 
 An Act for raising a sum of money for the use of H. M.,^ 
 His Heirs and Successors, as well for the immediate 1 
 arming and fitting out two private Vessels of War, as to \ Expired, 
 pay for the said Vessels or either of them in case of a [ 
 loss. 
 
 An Act for rendering more effectual an Act intituled An ) Repealed, 
 Act for establishing a Court of Errors in these Islands. ) 1814. 
 
 An Act for the more effectual cleaning, amending and en- J t> „ „ipi 
 larging the Highways and Public Paths in and through- >• • jgi o ' 
 out these Islands. ) 
 
 An Act for the repealing of an Act [of 1691] intituled "An 
 Act for repairing the Highways," an Act [of 1698] in- 
 tituled " Additions and alterations to the Act intituled Conflrmed, 
 " An Act for repairing the Highways," and an Act inti- \ 26th June, 
 tuled " An Act for the explanation and amendment of i 1767. 
 
 the Act intituled " Additions and alterations to the Act ) 
 for repairing the Highways" J 
 
 An Act for raising a Fund [by Lottery] for defraying the"] Confirmed, 
 
 charges of cleaning, amending and enlarging the High- [ 26th June, 
 ways and public paths in and throughout these Islands, ( 1767. 
 
 and for other purposes therein particularly mentioned. J Expired. 
 
 An Act for the speedy Tryal of divers Slaves, (&c.) charged 
 with a Conspiracy and Rebellion as well as with other 
 Crimes with intent to take away the lives of the white \ Expired. 
 Inhabitants of these Islands, and to overturn and totally 
 subvert the Government thereof. 
 
 An Act to prevent the exportation as well of neat Cattle, "j 
 
 Sheep and Hogs, as of Poultry of all sorts, except > Expired. 
 Ducks. ) 
 
 An Act to direct and impower the Courts of Common Law 
 in these Islands, and also any Justice or Justices of the 
 Peace who are by Law impowered to determine Debts 
 not exceeding forty shillings, in all actions where mu- I Repealed, 
 tual dealings and credits are between the Plaintiff and ' 1850, No. 10. 
 Defendant, to set off and discount each party's demand 
 against the other, and to give Judgment for the Ballance 
 only. 
 
 An Act for an addition to and amendment of an Act [of] Repealed 
 1701] intituled "An Act to prevent any from retailing \ ^^^^ j^j ' 
 Sum or Liquors publickly without Licence of the Jus- | ^n-gg ■'' 
 
 tice of the Peace." 
 
 An Act for the better enforcing of Martial Law in the Isl- ) jj^pired. 
 ands of Bermuda. ) 
 
 An Act for the payment of the Council and Assembly of" 
 these Islands, and for repealing an Act [of 1739] inti- 
 tuled "An Act for lessening the public charges of these 
 Islands;"— and an Act [of 1694] intituled "An Act for 
 the payment of the Assembly at all future and succeed- 
 ing Sessions thereof,"— and an Act [of 1722] intituled 
 "An Act for lessening the number of the Assembly and 
 registring the Acts." 
 
 Confirmed, 
 1762. 
 
 See 
 next Act. 
 
778 TITLES OF BERMUDA ACTS. 
 
 Passed 
 
 1762. An Act for laying a further duty or Impost on all Rum mid 
 
 Wine imported into these Islands, in order to raise 
 
 moneys to pay the Members of H. M. Council, and the 
 
 Members of the Assembly at such times as they shall I Repealed, 
 
 attend the service of these Islands in their legislative i 1770. 
 
 capacity, in pursuance of an Act [of 29th January, 1762] 
 
 intituled "An Act for the payment of the Council and 
 
 Assembly," (&c.) 
 
 '-' An Act to prevent the Damages and Inconveniences arising^ 
 
 to the several Inhabitants of these Islands, by the %tray-\ Expired. 
 ing of Cattle, (&c.) j 
 
 1763. An Act to prevent the exportation of Cedar Timber of the \ 
 
 growth of these Islands ; except only such as shall be I jj^pj-gj 
 worked up in Chests, Chairs, Tables, or other Cabinet | ^ 
 Ware, and tubs or pails. J 
 
 1763. An Act to prevent the spreading of the Small Pox. \ Expired. 
 
 " An Act for an addition to, and amendment of an Act in-'^ 
 
 tituled " An Act to prevent the spreading of the Small > Expired. 
 Pox:' ) 
 
 ERANCIS JONES, Pkbsident. 
 
 1764. An Act for additions to, and prolonging an Act [of 1762]^ 
 
 intituled " An Act to prevent Damages," &c., " by the >• Expired. 
 straying of Cattle,^' (&c.) ) 
 
 " An Act for the better Government of Negroes, Mulattoes, ) Slavery, &c., 
 and Indians, bond or free ; and for the more effectual >■ abolished, 
 punishing Conspiracies and Insurrections of them. ) 1834. 
 
 " An Act directing the 7>iaZ q/ iStoe* in Criminal Cases. [-Ditto. 
 
 GEORGE JAMBS BRUERE, Governor. 
 
 1764. An Act for raising money to the use of H. M. His Heirs" 
 
 and Successors, by a tax on the real and personal Estates 
 » of the Inhabitants of these Islands, for raising a Fund as 
 
 well for the payment of a Salary to His Excellency George 
 James Bruere, Esq., as for keeping up the repairs of the 
 Government House, and for every matter whatsoever 
 that has been demanded by former Governors from the 
 Assembly. 
 
 1765. An Act for the establishing a Civil Watch in these Islands, } y ■ ■, 
 
 and for the due regulation thereof. J xpi e . 
 
 " An Act for amending, renewing, and prolonging of an Act ) ,-, . ■• 
 intituled "An Act for regulating the Militia," (&c.) \ i-xpirea. 
 
 " A Resolution of the Assembly concurred in by the Council "1 
 
 and assented to by the Governor, appointing certain I Repealed, 
 places for the Sale of Meat, Poultry, and Fish, and im- J 1859, No. 9. 
 posing penalties for selling the same elsewhere. J 
 
 1766. An Act for renewing and prolonging of an Act intituled) 
 
 " An Act laying an Imposition on the raising the Flatts > Expired. 
 Bridge." ) 
 
 " An Act for renewing and prolonging of an Act [of 1756] in- J 
 
 tituled "An Act for ascertaining the Bounds of Lands > Expired, 
 in these Island's." ) 
 
 " An Act for renevring and prolonging of an Act [of 1760] in-) 
 
 tituled "An Apt for the ascertaining the rate oiInterest> Expired. 
 of Money," {Sec.) ) 
 
 Expired. 
 
TITLES OF BERMUDA ACTS, 
 
 779 
 
 Passed 
 
 1766. 
 
 1767. 
 1768. 
 
 1769. 
 
 1770. 
 
 1774. 
 
 1775. 
 
 An Act for renewing and prolonging of an Act [of 1759] in-) 
 
 tituled " An Act for the attaching the Money, Goods," > Expired. 
 (&c.) \ 
 
 Expired. 
 
 An Act for amending, &c., an Act for regulating the Mil- 
 iUa,"(&c.) 
 
 An Act for reviving and renewing of an Act [of 1768] inO 
 
 tituled "An Act to prevent," &c,, "keeping any Net or} Expired. 
 Mis," (&c.) ) 
 
 An Act for raising of Money by a General tax on Negroes for " 
 paying off the Governor's Account of Supplies given in to 
 the House of Assembly, and likewise for defraying the > Expired, 
 further expense of H. M. Troops quartered in these 
 Islands," (&c.) 
 
 An Act for the collection of an Impost of Six pence per head "j 
 
 on Negroes in Southampton Parish, laid by an Act in- 1 m ■ , 
 tituled " An Act for raising of money by a General \ ^^P"^^"- 
 
 Tax on Negroes," (&c.) 
 
 
 An Act the better to enforceuind put in execution an Act") 
 
 [of 1761] intituled " An Act for the more effectual clean- I Repealed, 
 mg, amending, and enlarging the Highways and public | 1813. 
 paths," (&c.) J 
 
 An Act for the renewal and amendment of an Act [of 1759] J 
 
 intituled " An Act for the attaching the Money, Goods," > Expired. 
 (&c.) ) 
 
 Expired. 
 
 Confirmed, 
 ■ 7 April, 1773. 
 
 An Act for renewing An Act [of 1758, 1765, and 1766] in- 
 titled " An Act for regulating the Militia," (&c.) 
 
 An Act to repeal an Act [of 1762] intituled " An Act for lay- 
 ing a farther Duty or Impost on all Rum and Wine im- 
 ported into these Islands, in order to raise monies to pay 
 the Members of H. M. Council and the Members of the 
 Assembly," (&c.) 
 
 An Act for punishing Accessaries to Felonies, and the buyers ) Repealed, 
 and receivers of Stolen Goods. j 1836, No. 11. 
 
 An Act for the better recovery of Debts due on Promissory'^ 
 
 Notes and the assignment oi Bonds, Obligations, aridy Expired. 
 Notes. " ) 
 
 An Act for the payment of Jurors, Olmrehwardens, and^ 
 
 Constables for their attendance on the Public Courts of >■ Expired, 
 these Islands, and the manner of levying the same. ) 
 
 An Act for the renewing and prolonging an Act in titled) 
 
 "An Act for the payment of Jurors, Churchwardens, > Expired. 
 and Constables," (&c.) ) 
 
 An Act for renewing and prolonging an Act intitled " An) 
 
 Act for the better recovery of Debts due on Promissory > Expired. 
 Notes," (&c.) ) 
 
 An Act for building a new Bridge at Somerset. } Executed. 
 
 An Act for the better regulating the Treasury of the Islands 
 of Bermuda. 
 
 An Act for the Establishment of a Civil Watch in these 
 Islands. 
 
 An Act for the more regular payment of the Clergy, the 
 regulating the Seats or Pews in the several Churches in 
 these Islands, and more effectual recovery oi parish As- 
 sessments. 
 
 [ Expired. 
 
780 
 
 Pasi 
 1775. 
 
 1776. 
 
 TITLES OF BERMUDA ACTS. 
 
 An Act to repeal an Act [of 1761] entitled "An Act for an 1 
 
 addition to and amendment of an Act entitled An Act j Disallowed, 
 to prohibit any persons from retailing Sum or Liquors \ 8 March, 
 publickly, without Licence from the Justice of the j 1776. 
 Peace." " J 
 
 An Act for renewing and making indefinite an Act entitled J T?enealed 
 "An Act for the punishing Aecessa/ries to Felonies and> log? jr. i-i 
 the hvLjestsstadi receivers of Stolen Goods." ) ) • • 
 
 An Act imposing a Tax on all Dogs belonging to the In- \ -^„^\.p^A 
 habitants of these Islands. ) ^ 
 
 An Act for supplying the deficiency of the Fund established 
 by an Act [of 1761] entitled " An Act for raising a Sum, 
 of Mon£y for the use of H. M. His Heirs and Successors, 
 as well for the immediate arming and fitting out two 
 private Vessels of "War, and to pay for the said Vessels 
 or either of them in Case of loss," — for supplying the 
 deficiency of the Fund established by an Act [of 1698] 
 entitled "An Act for raising a Public Revenue for the 
 support of the Government of these H. M. Islands," — \ Expired, 
 and for the effectual sinking of Certificates issued in 
 consequence of an Act [of 1775] entitled "An Act for 
 issuing Certificates as well to certain Creditors to the 
 Public of these Islands, as to certain Commissioners ap- 
 pointed by Law for building a new Bridge at Somerset," 
 (&c.) — payable from the said Funds by imposing an Ex- 
 cise on Rum, a Tonnage on Vessels, a Tax on Slaves, 
 Horses and Real Estate. 
 
 An Act for the issuing Certificates as well to certain Cred- 
 itors to the Public of these Islands, as to certain Com- 
 missioners appointed by Law for Building a new Bridge 
 at Somerset, and making those Certificates assignable 
 and negotiable, and directing the method of sinking the 
 
 Expired. 
 
 An Act to bar the Estate Tail of Margaret and, Ann Bur- "I 
 
 gess in a certain House and twenty-five acres of land l Confirmed, 
 situate in Hamilton parish in these Islands : and to vest j 6 Nov. 1783. 
 them with an Estate in Fee-simple in the same. J 
 
 An Act as well to prohibit for a certain time the Exporta- 
 tion of Indian Corn, Guinea Corn, Wheat, Barley, Rice, Disallowed. 
 Beans, Peas, Oats, Rye, and Wheat Flour, Bread, or }■ 8 March, 
 Biscuit, Yams and Potatoes, as to stipulate the respective 1776. 
 prices of the same. 
 
 Resolutions passed by the Assembly, the Council, and the) 
 
 Governor modifying the foregoing Act for a portion of S " 
 
 its duration. ) 
 
 An Act for renewing, prolonging, and amending an Act en- 1 
 
 titled " An Act to prevent the spreading of the Small y„ . , 
 Pox" — and also for renewing and prolonging one other j ^Pi'"^"- 
 Act, &c., for an addition to and amendment, &c. J 
 
 An Act to extend to such part of an Act [of 4 May, 1775] J 
 
 entitled "An Act for supplying the deficiency," (&c.) [■ Expired. 
 " as relates to the said Excise on Rum.'''' ) 
 
 An Act for issuing Certificates to the Honorable Jonathan ' 
 Burch and John Esten, Esquires, and Stephen Judkin, 
 Esq., for several sums of money due to them for materials 
 found, provided, and money laid out and expended in 
 building a Public Qaol in these Islands," (&c.) 
 
 Expired. 
 
TITLES OF BERMUDA ACTS, 
 
 781 
 
 1777. An Act to prohibit the tahing Fish in these Islands with ) _ . . 
 anv Sein. &c. \ Expired. 
 
 ■ Expired. 
 
 1779. 
 
 1780. 
 
 any Sein, &c. j 
 
 An Act for regulating the Militia of these H. M. Islands 
 
 of Bermuda. 
 
 An Act for supplying the deficiency of the Fund established J 
 
 by an Act intitled " An Act for raising a Public Rev- > Expired. 
 - "&c. ) 
 
 An Act for the issuing Certificates chargeable on the Fund es- ] 
 tablished by an Act intitled " An Act for raising a Public 
 Revenue for the support of the Government of these I m . •■ 
 H. M. Islands " for the use H. M. His Heirs and Sue- (■^^P"'ea- 
 cessors, towards providing Quarters and other accom- I 
 modations for H. M. Troops, &c. J 
 
 An Act for the prolonging an Act intitled "An Act for) 
 
 the regulating the Militia of these H. M. Islands of >• Expired. 
 Bermuda." ) 
 
 An Act for explaining, altering, and amending, and moreT 
 effectually carrying into execution the intention of the | 
 
 Legislature in an Act [of 23 January, 1779] 
 "An Act for supplying the deficiency," (&c.) 
 
 intitled { 
 
 Expired. 
 
 An Act for altering, amending, explaining, and better en- 
 forcing an Act [of 1761] intitled "An Act for an addi- 
 tion to and amendment of an Act to prohibit any from 
 retailing Hum or Liquors publickly, without Licence of 
 the Justice of the Peace." 
 
 An Act directing what Conveyances shall be sufBcient to 
 pass the Seal Estate of Women under Coverture. 
 
 An Act to prevent Frauds and Abuses in Mortgages and 
 other Conditional Conveyances of Property. 
 
 An Act to prevent vending or retailing Goods, Wares, or 
 merchandize by Negroes, Mulattoes or Mustees, whether 
 bond or free, wandering up and down throughout these 
 Islands : — and also the sale of Goods, Wares, and mer- 
 chandize by Lottery, Dice, Cards, or Baffling: and to 
 prevent Negroes, Mulattoes, or Mustees in these Islands, 
 whether bond or fi:ee, exercising the Trade or business 
 of a Butcher. 
 
 An Act for renewing, prolonging, and amending an Act [of] Repealed 
 1763] intitled " An Act to prevent the spreadmg of the ! J^g^ ' 
 
 Small P<w— and also for renewing, &c., an addition to," | Expired' 
 &c. J ^ ■ 
 
 An Act for issuing Certificates to certain Creditors to the ) jj^pj^g^^ 
 Public, &c. ) 
 
 Repealed, 
 1789. 
 
 t Expired. 
 
 Expired. 
 
 An Act to authorize and empower the Justice or Justices of 
 the Peace in these Islands to hear and determine any 
 Suits, trespasses, and differences subsisting between the 
 Inhabitants of distant parishes in certain cases: and to , 
 remove some difficulties in the collection of the Tax by 
 Law imposed on Timber trees, and also the Salary of | 
 His Excellency the Governor. J 
 
 1st clause 
 repealed 
 by 1830, 
 No. 10. 
 
 The rest ex- 
 pired. 
 
782 TITLES OF BERMUDA ACTS. 
 
 THOMAS JONES, Peesident. 
 Passed 
 
 1780. An Act providing as well for the payment of the repairs of 
 the Fortifications, and the better accommodation of H. 
 M. Troops now quartered in these Islands, as for other 
 purposes therein contained, by Gertificates to be issued 
 from the Public Treasury chargeable on the Fund estab- 
 lished by an Act intitled " An Act for raising a Publick 
 Revenue for the support of the Government of these H. 
 M. Islands," — directing the manner of issuing and sink- 
 ing such Certificates, and supplying the deficiency of the 
 said Fund. 
 
 " An Act for the Establishment of a proper &7tooZ on the) t, , , 
 Share of land situate in Wa/rwich Pa/rish in thfi Islands V ■"■epeaieo, 
 
 Expired. 
 
 Share of land situate in Warwick Parish in the Islands >■ 
 of Bermuda. ) 
 
 1816. 
 
 An Act for the renewal and amendment of an Act [of 1777] ) 
 
 intitled " An Act to prohibit the taking of JTish in these > Expired. 
 Islands, with any sein," (&c.) ) 
 
 An Act for the renewal and amendment of an Act [of) 
 
 1759] intitled " An Act for the attaching the money, > Expired. 
 Goods," (&c.) ) 
 
 GEORGE BRUERE, Lieutenant Govebnor. 
 
 1780. An Act for erecting an Hospital, or Kitchen, or Cook-room, " 
 
 and a Nursery sufficient therefor, on the Public Land 
 
 at the East end of the Town of St. George, for the use [■ Executed. 
 
 and better accommodation of H. M. Troops that now are 
 
 or may hereafter be quartered in these Islands. 
 
 " An Act for providing for the accommodation o/E. M. Troops "I 
 now quartered in these Islands, in lieu and stead of | 
 the provision intended therefor by an Act [of 1780] in- \ Executed, 
 titled " An Act providing as well for the repairs of the ( 
 Fortifications," &c. J 
 
 1781. An Act for renewing and prolonging an Act [of 1777] in-) 
 
 titled " An Act for the regulating the Militia of these f Expired. 
 H. M. Islands of Bermuda." I) 
 
 WILLIAM BROWNE, Goveenok. 
 
 1782. An Act for the settlement of a yearly Salary on Sis Excel- ) 
 
 lency William Browne, Esquire, Captain General, Gov-f Expired, 
 ernor, and Commander-in-Chief of these Islands. ) 
 
 " An Act to alter and amend an Act intitled "An Act to) 
 
 prohibit the taking Fish in these Islands, with any Sein." (• Expired 
 (&c.) . ^ i' • 
 
 " An Act for ascertaining the manner in which JlfarJtaZ Law '\ ' 
 
 shall be declared and conducted, whenever the ne- I Made perpet- 
 cessities of the Public shall render such a measure j ual in 1784. 
 expedient. j 
 
 " An Act for the Bevisal of the Laws of these Islands. 
 
 " An Act for renewing, altering, and amending an Act inti-) 
 
 tied " An Act for the establishment of a Civil Watch in > Expired 
 these Islands." V 
 
 " An Act for the better regulation of Seamen. 
 
TITLES OF BERMUDA ACTS, 
 
 783 
 
 1782. 
 
 1783. 
 
 An Act imposing a Tax on all Dogs belonging to the in- 1 
 
 habitants of or residents in these Islands, in order to i p, . ■, 
 discourage the keeping of Dogs useless, or prejudicial to r^^P"^^''- 
 the Public. J 
 
 An Act for the encouragement of the owners of Lands in 
 these Islands to inclose the same with Walls, Fences, 
 Kails, or Ditches, by compelling the proprietors or pos- 
 sessors of the adjacent lands to contribute to the expense 
 thereof. 
 
 An Act to alter and amend an Act intitled " An Act for 1 
 
 regulating the Militia of these H. M. Islands of Ber- > Expired, 
 muda." ) 
 
 An Act for removing in future certain difBculties to which ', 
 the Trade of these Islands has been at different times 
 heretofore improperly subjected. ' 
 
 Suspending 
 Clause. 
 
 Not carried 
 into effect. 
 
 An Act to explain and amend an Act [of 1761] entitled ^ 
 
 " An Act for the more effectual cleaning, amending, and ) Kepealed, 
 enlarging the Highways and public paths in and through- j 1813. 
 out these Islands." J 
 
 An Actfor the preservation of the Aifferent Sarhours, {&c.) ■{ Expired. 
 
 An Act for the amendment of an Act directing what Warn- 
 ing is to be given to a Tenant-at- Will. 
 
 An Act for the Establishment of a proper School on such ' 
 parts of the Glebe Land situate in the parishes of Sandys 
 and Southampton as lye to the North Eastward of the 
 High road ; and for effecting a better provision for the 
 Incumbent, in lieu and stead thereof. 
 
 An Act as well for issuing from the Public Treasury Oerli- '] 
 Jicates to certain Creditors to the Public, chargeable on I 
 
 the Fund established by an Act [of 1698] intitled "An | 
 
 Act for raising a Public Revenue for the support of the )■ Expired. 
 
 Government of these H. M. Islands," and directing the 
 J mode of issuing and sinking such Certificates, as for 
 
 supplying the defieiency of that Fund. 
 
 An Act as well for the Limitation of certain personal Ac- 
 tions and avoiding of Suits : as for the amendment of the 
 Law and the better advancement of Justice : [with two 
 Riders.] 
 
 An Act for an addition to and amendment of an Act ^ Repealed, 
 intitled "An Act to prevent the spreading of the Small \ 1783. 
 Pox." ) Expired. 
 
 An Act for fixing and ascertaining the rates oi Ferryage^ 
 
 between the Westernmost part of the Island of St. j j, , j 
 George, and the Island commonly called Coney Island, J-iokq^m-o ly 
 
 1784. 
 
 now joined to the Main Land by a Causeway, and for 
 the disposal of the profits arising therefrom. 
 
 An Act for limiting the duration of Assemblies. 
 
 An Act for an addition to and amendment of an Act inti- 
 tled "An Act for regulating th.^ Militia" (&c.) 
 
 An Act for issuing from the Treasury Certificates, (&c.) ) j;„„:-gj 
 and for supplying the Defkiency, (&c.) ) P 
 
 An Act to renew and prolong an Act [of 1779] intitled ^ 
 
 " An Act to prevent the vending or retailing of Goods," > Expired. 
 (&c.) ) 
 
 99 
 
 ) Disallowed, 
 \ 11 July, 
 
 ) 1785. 
 
 Expired. 
 
784 TITLES OF BERMUDA ACTS. 
 
 Passed 
 1784* An Act for repealing an Act [of 27 April, 1780] intitled 1 
 " An Act forjenewing (&c.) to prevent the spreading 
 of the Small Pox : and also for renewing and prolong- | 
 ing one other Act [of 1783] intitled " An Act for an [ Expired, 
 addition to (&o.) and making the practice of Inoculation 
 as easy to the inhabitants as maybe consistent with the 
 general safety." 
 
 " An Act for giving relief to certain transgressors of the Acts 1 
 
 for the prevention of the spreading of the Small Pox, | j;_„;_gj 
 from a consideration of the diflBculty of situation to ( " 
 which they were exposed. J 
 
 " An Act to prolong and make indefinite an Act intitled "An 
 Act for ascertaining the manner in which Martial Law 
 shall be declared and conducted, whenever the necessi- 
 ties of the Public shall render such a measure ex- 
 pedient." 
 
 " An Act to permit and suffer Vessels not having dutiable "1 
 
 Goods on board, to enter and clear at the Custom Souse, Confirmed, 
 without being subjected to the necessity of being within !• 24th Dec. 
 the Harbor of St. George in the Islands of Bermuda, at 1784. 
 
 the time of such Entry or Clearance. J 
 
 " An Act to renew, alter and amend an Act [of 1762] (&c.) ] 
 
 the straying of Cattle and erection of Pounds (&c.), and ( ri • j 
 also one other Act [of 1764] intitled "An Act for addi- { '^^V"^^- 
 tions to" (&c.), "Straying of Cattle," (&c.) J 
 
 " An Act for an addition to and amendment of an Act [of J -n . i j 
 
 1783] intitled "An Act for fixing and ascertaining the >■ ..Q^fP tr 'ih- 
 rates of Ferryage;' (&c.) ) ^^°^' ^°- ^ '• 
 
 " An Act to repeal an Act [of 1694] entitled "An additional"] 
 Act for the encouragement of the Pilot of these Islands ;" 
 and also such parts of an Act [of 1694] entitled " An i Confirmed, 
 Act for the settling the Governor's and all his Officers' ,' Dec. 24, 1784. 
 Fees," as doth or may relate to the Pilotage of the Isl- 
 ands of Bermuda. 
 
 " An Act for an addition to and amendment of an Act [of] 
 
 1707] intitled " An Act empowering the Justices of the [ Repealed, 
 Peace to hear and determine any Debt or difference (1850, No. 10. 
 not exceeding the sum of Forty Shiltings." J 
 
 " An Act to prolong, alter and amend an Act [of 1782] inti-1 
 
 tied "An Act for the preservation of the several Sar-> Expired. 
 hours," (&c.) J 
 
 " An Act for the more effectual prevention of Damage from) Made 
 
 persons passing over any Wall, Ditch, Hedge, or other V perpetual 
 
 Inclosure. \ 1798. 
 
 • ^ 
 
 An Act for an addition to an Act [of 1780] entitled " An ) Repealed, 
 
 Act to authorize and empower the Justice," (&c.) \ 1850. 
 
 " An Act for giving relief to certain Transgressors of the Acts ) -p . , 
 
 for the prevention of Small Pox, &c. \ ±ixpired. , 
 
 " An Act for regulating the Pilotage of these Islands, and) Repealed, 
 for giving an Ease and convenience to certain commer- >■ 1797, 
 cial transactions. ^ and expired. 
 
 " An Act for issuing from the Public Treasury Certificates to ) ,, . , 
 certain Creditors to the Public, (&c.) \ J^^P""ed. 
 
 " An Act to supply the deficiency of the Fund established by ] 
 
 an Act [of 1698] intitled "An Act for raising a Pm J Mc I ^ . •■ 
 Revenue for the support of the Government of these H. | ^^P"^®''- 
 M. Islands." 
 
1786. 
 
 TITLES OF BERMUDA ACTS. 785 
 
 Passed 
 
 1784. An Act for repealing, &c., [Acts of 1780 and 1783] to preO Confirmed, 
 
 vent the spreading of the Small Pox, and for making > 1784. 
 the practice of Inoculation as easy, &c. ) Expired. 
 
 1785. An Act against deceitful, disorderly and excessive Qam- \ Suspending 
 
 ing. • \ Clause. 
 
 " An Act the better to effect a regular attendance of the Rep- ) „ ,. 
 
 resentatives of the good people of Bermuda on the }■ o"spenaing 
 duties of the General Assembly. ) Clause. 
 
 " An Act for the better observation of the Lord's Day, com- ) Suspending 
 monly called Sunday. • j Clause. 
 
 " An Act to prevent profane Swearing and Oursing. i Suspending 
 
 An Act for the speedy recovery of Debts and Damages by ) Suspending 
 or from Strangers. \ Clause. 
 
 An Act for the prevention of mischief T/y Dogs. \ S«spendmg 
 
 An Act for issuing from the Treasury Certificates to cer- ) -n . r, 
 tain persons who have demands on the Public, (&c.) J ^^^ ' 
 
 " An Act further to supply the deficiency of the Fund, (&c.) } Expired. 
 
 " An Act to renew, prolong and amend an Act intitled "An ) !;'„„,•_. j 
 Act for the regulating the Militia" (&c.) ) " 
 
 An Act for issuing from the Treasury Certificates to certain ) ■»__;„„ j 
 persons who have demands on the Public, (&c.) J " 
 
 " An Act to prevent Damages from the Straying of Cattle, ) Repealed, 
 
 and for the erection of Founds in these Islands. J 1859, No. 20. 
 
 " An Act the better to render the Fund established by an ] 
 
 Act intituled " An Act for raising a PuUic Bevemte," \ ji-nj-gj 
 (&c.), " equal to the discharge of the several sums pay- | ^ 
 able therefrom," (&c.) J 
 
 " An Act to repeal an Act for Collecting a Duty of Ounpow- "] 
 
 der, and' one other Act for altering and amending an I Repealed, 
 Act intituled "An Act for Collecting a Duty of Gun- (1840, No. 9. 
 powder." J 
 
 An Act for establishing a Fund for the repairs of tlie For- 1 
 tifications of these Islands, and more effectually provid- | 
 ing such Powder and Ammunition as shall hereafter be S- Repealed, 
 found necessary for the defence and security of His 1840, No. 9. 
 Majesty's Government. J 
 
 An Act for the better recovery of Debts due on Promissory i Made 
 Notes, and the assignment of Bonds, Obligations and > perpetual, 
 Notes. ) 1830. 
 
 " An Act for renewing and prolonging an Act [of 1760] en- ^ 
 
 titled " An Act for the ascertaining the rate of Interest \ Expired. 
 of money," (&c.) ) 
 
 " An Act to prevent Frauds and abuses in Mortgages and 
 other Conditional Conveyances of property. 
 
 '' An Act laying an Imposition on the raising the Flatfs 
 Bridge. 
 
 " An Act as well to enable the Vestry of the parish of St. ] 
 
 George the better to regulate the Police within the same, ! j;™;ygj 
 as for affecting certain other purposes therein particu- j ^ 
 larly specified. J 
 
 1787. An Act as well for the relief of the Poor, as for the putting 
 out Apprentices, and setting idle people to work. 
 
786 TITLES OF BERMUDA ACTS. 
 
 Passed 
 1787. An Act to prevent the several parishes in these Islands J 
 
 being improperly burthened by the introduction of > Disallowed. 
 Poor persons. ) 
 
 " An Act for settling a Value on all foreign Gold Coin cur- 
 rent in these Islands. # 
 
 " An Act for removing, at a certain period and under certain ') g„gngn jjn™ 
 limitations, the Seat of Government from the Town of > niause 
 St. George to a more central situation. ) 
 
 " An Act providing for an annual payment of Interest due on "1 
 
 Certificates issued from the Public Treasury, chargeable I -r, ■ ^ 
 on the Fund established by an Act entifled " An Act f ^^P'^ea. 
 for raising a Public Revenue," (&c.) J 
 
 " An Act for encouraging the CuUwation of Cotton within ^ 
 these Islands by granting for a limited time a Bounty I 
 on all cleaned Cotton of the growth thereof, which shall >^ Expired, 
 be during such time exported from hence for Great [ 
 Britain. 
 
 An Act for the better settling of Intestate Estates. 
 
 An Act for the encouragement of the Whaling and Fish- \ gynj-gd 
 ing business from these Islands to distant Countries. \ ^ 
 
 " An Act still further to supply the deficiency of the Fund, \ Tji^-j-gj 
 (&c.) S P • 
 
 " An Act for issuing Certificates to such persons as have de- ) fy-r-gj 
 mands, (&c.) ) ^ 
 
 " An Act declaring Houses, Lands, Tenements and other 
 Hereditaments and Real Estates in the Islands of Ber- 
 muda, to be subject to the payment of Debts. 
 
 " An Act for encouraging the cultivation of Cotton within "I 
 
 these Islands, by granting to holders of lands, stipulat- j ■p_„-_„j 
 ing to convert the same thereto, a Loan in Certificates | ^^ 
 to be issued from the Public Treasury. J 
 
 1788. 
 
 An Act for the Establishment and regulation of the Militia ) m . „ j 
 of Bermuda. ^ Expu-ed. 
 
 An Act declaring the mode of ascertaining the Bounds of 
 lands in these Islands. 
 
 An Act to alter and amend an Act (of 1787) entitled " An ) 
 
 Act for encouraging the cultivation of Cotton, (&c.) by > Expired, 
 granting to holders of lands (&c.) a Loan," (&o.) ) 
 
 An Act to renew and prolong an Act [of 1784] entitled ^ 
 
 " An Act for the more effectual prevention of Damage >■ Expired, 
 from persons passing over any Wall," (&c.) ) 
 
 An Act to prolong an Act [of 1786] intitled " An Act as ) 
 
 well to enable the Vestry of the Parish of St. George > Expired, 
 the better to regulate the Police," (&c.) ) 
 
 An Act to prohibit Drudging in a Bason of "Water in the ^ 
 
 parishes of Hamilton and Smith, commonly called the > Expired. 
 Little Sound. ) 
 
 An Act to prolong an Act intitled "An Act for regulating ) m„„.. j 
 ih^ Pilotage,"\&c.) ^ ^ Expirsd. 
 
 An Act further to provide means for supplying the defi- } -n .• j 
 ciewcj/ of the Fund, {&c.) ^^ * | Expired. 
 
 An Act for issuing Certificates to such persons as have de- ) t,^„.„„j 
 mands on the Public, (&c.) \ iiixpired. 
 
TITLES OF BERMUDA ACTS. 
 
 787 
 
 Passed 
 1788. 
 
 1789. 
 
 HENRY HAMILTON, Lieutenant Goveenoe. 
 
 An Act settling an annual Salary on His Bbnour Henry ) 
 Hamilton, Esquire, Lieutenant Governor and Com- > 
 
 mander in Chief in these Islands. 
 
 Expired. 
 
 An Act to suspend for a limitted time the operation of part ) 
 
 of an Act [of 1782] entitled " An Act as well for the \ Expired. 
 Limitation oi certain personal Actions" (&c.) ) 
 
 An Act for Tegu\a,tiog the Election of Members to serve in 
 the General Assembly ; fixing the qualifications of Can- 
 didates and Electors ; and assimilating the practice of 
 tJie Somers Islands in those points, as nearly as circum- 
 stances and situation will allow, to that of the Parent 
 State. 
 
 An Act to prolong an Act intitled "An Act for the en- ) 
 
 couragement of the Whaling and Fishing Business" > Expired. 
 (&c.) ) 
 
 An Act to prolong an Act entitled "An Act for encourag- ) 
 
 ing the Cultivation of Cotton, within these Islands, by > Expired, 
 granting for a limited time a Bounty," (&c.) ) 
 
 An Act for the establishment of a Olvil Watch in these ) t;i • j 
 Islands. • • [Expired. 
 
 An Act for making an addition to the Act entitled " An Act " 
 for the establishment and regulation of the Militia of 
 Bermuda for the purpose of establishing a Volunteer 
 Artillery Company from the said Militia in the Town of 
 St. George." 
 
 An Act for the further Encouragement of the cultivation of \ y, . ■. 
 Lands within the Bermuda Islands. ) P"^® ' 
 
 An Act to enable the holders of small parcels of land within 
 the Bermuda Islands in Fee-tail to alter the same to 
 Fee-simple. 
 
 An Act to encourage the cultivation of Cedar Trees within ] 
 the Bermuda Islands, and to subject the exportation of ( 
 Cedar timber and scantling to certain necessary restric- j 
 tions. 1 
 
 Expired. 
 
 Expired. 
 
 Expired. 
 
 An Act for the preservation of the several Harbors in these 
 Islands, (&c.) 
 
 An Act for an addition to, and amendment of an Act enti- 
 tled " An Act for settling a yearly Revenue upon the 
 Ministers of these Islands : and for declaring Land and 
 Real Estate liable to the payment of pairochial charges 
 in the parish where it may lie." 
 
 An Act to repeal an Act entitled " An Act for the security ) fonfirmpd 
 of the subject to prevent the forfeiture of Life and Estate }■ i -n^.C^Wn, 
 
 upon hilling a Negroe or other Slame" ) 
 
 An Act as well to repeal an Act [of 1761] entitled " An Act 
 for an addition to and amendinent of an Act entitled an 
 Act to prohibit any persons from retailing Rum or 
 Liquors publickly, without Licence from the Justice of 
 the Peace " as one other Act [of 1779] entitled "An Act 
 for altering, amending, explaining, and better enforcing 
 an Act entitled an Act for addition to and amendment 
 of an Act entitl^ An Act to prohibit any persons from 
 retailing Rum or Liquors publickly, without Licence from 
 the Justice of the Peace." 
 
 1 Feb. 1799. 
 
 Confirmed, 
 1 Feb. 1799. 
 
788 TITLES OF BERMUDA ACTS. 
 
 Passed 
 
 1789. An Act authorizing the several parishes in these Islands to ) 
 
 impose Taxes on any Dogs belonging to the Inhabitants, > Expired. 
 (&c.) ) 
 
 " An Act for the punishment of Theft withm the Islands of ) jj^jjg^ 
 Bermuda. ) ^ 
 
 " An Act for the better regulation of the retailing of Rum and ) Repealed, 
 other Spirituous Liquors within these Islands. \ 1815. 
 
 " An Act yet further to provide means to supply the defkieruiy \ -i;,^ •_. j 
 of the Fund, (&c.) \ ^^P"^^''- 
 
 " An Act for granting Certificates to the Creditors of the ) w-pc-gj 
 Public, (&c.) 5 P 
 
 1790. An Act for effecting a Collection of Trade at the West End 
 
 of the Islands of Bermuda, for the ease and convenience 
 of the Inhabitants, in conformity to certain Royal In- 
 structions. 
 
 " An Act for making the practice of Inoculation as easy to j -r, _•_. j 
 the Inhabitants, (&c.) \ iixpirea. 
 
 " An Act to prolong an Act [of 1779] to prevent the vend- J 
 
 ing or retailing of Goods, (&c.) wandering up and down, > Expired. 
 (&c.) _ ) 
 
 '■' An Act directing Sea Vessels Imilt in Bermuda to be in- \ Tii„„'_.j 
 spected, (&c.) \ P' 
 
 " An Act for the prolonging and amending an Act [of ) tji__j . j 
 1759] &c., for the attaching the Money, (&c.) \ " 
 
 " An Act for the further provision of means to suppT/y the de- ) tji-^-.-j 
 ficienffy of the Fund, (&c.) \ P' 
 
 " An Act for granting Certificates to the public Creditors, ) Tj'_n--.j 
 (&c.) ( P' 
 
 " An Act to vest certain Lands and tenements in His Majesty, 
 His Heirs and Successors, for the use of the Township 
 of Hamilton,: to declare the mode of laying out the said 
 Township and selling lots within the same : and to fix 
 the time when a Collection of Trade shall be effected 
 within the limits thereof. 
 
 1791. An Act still further to prolong an Act (&c.) for encouraging J 
 
 the Cultivation of Cotton, &c., by granting, &c., a Bonn- > Expired, 
 ty, &c. S 
 
 " An Act to renew and prolong an Act, &c., to prohibit ) p, . . 
 Drudging, &c., in the Little Sound. f ^^P're"- 
 
 " An Act to prolong an Act, &c., for the cultination of Lands, ) -r, . , 
 &c. o , , 5 Expired. 
 
 " An Act to prohibit the setting of i^jsA-^ote, &c. [-Expired. 
 
 " An Act for the encouragement of the Whaling Business \y . , 
 from these Islands to distant Countries. \ ^^P""^"- 
 
 Act for granting a Bounty on all Honey and Bees Wax \-^ . , 
 of the production of Bermuda. \ Jixpired. 
 
 Act to prolong an Act, &c., for the punishment of Theft, ) j, . , 
 
 An Act for the Sale of the Glebe Lot in the Town and parish 
 of St. George. 
 
 An Act for the Establishment and regulatiA of the Courts \ Repealed, 
 of Judicature. ^ 1814. 
 
 An Act for the Establishment and regulation of the Militia ? „ . , 
 of Bermuda. [Expired. 
 
 An 
 An 
 
TITLES OF BERMUDA ACTS. 789 
 
 Passed 
 
 1791. An Act for building a Custom House Wwre House in the ) ,, , , 
 Township of Hamilton. \ Executed. 
 
 " An Act still further to provide means to supply the defi- ) ,, • j 
 cimcy of the Fundi, (&c.) \ Expired. 
 
 " An Act for granting Gertificaies to the Public Creditors, ) t, ■ , 
 (&c.) ^- s ■^ ' ^ Expired. 
 
 1793. An Act further to suspend for a limited time the operation J 
 
 of part of an Act, &c., for the Limitation of certain >• Expired, 
 personal Actions, (&c.) ) 
 
 " An Act to renew and prolong an Act, <fec., directing iSea ) ■,, . , 
 Vessels built in Bermuda to be inspected, (&c.) \ Jixpired. 
 
 " An Act for granting Oertifiaates to the Public Creditors, )„ ■ , 
 
 " An Act for the further providing means to supply the defi- ) r, • ■, 
 ciency of the Fund, (&c.) [ Expired. 
 
 1793. An Act for the yet further provision of means to supply the) -r, . , 
 
 deficiency of the Fund, (&c.) f Jixpired. 
 
 " An Act for granting Certificates to the Public Creditors, ) ™ . ■, 
 (&c.) \ Jiixpirea. 
 
 " An Act to renew and prolong An Act, &c., the Whaling ) r, . j 
 Business, (&c.) \ Jixpirett. 
 
 " An Act the better to enable His Excellency the Governor 
 to take up in behalf of His Majesty, certain small parcels 
 of Lands for the purpose of erecting Forts, Batteries, 
 and other Works for the defence of these Islands : and 
 for pointing out the mode of indemnifying the Owners 
 of the same : and vesting such Lands in the Crown on 
 the receipt of such indemnity. 
 
 " An Act for the better regulation of Vestries, Constables, 
 and Churchwardens in these Islands. 
 
 " An Act to renew and amend an Act, &c., for regulating the ) Tj,. , 
 Fihtage, (&c.) \ ii-xpirea. 
 
 " An Act for the more effectual prevention of the destruction ) j;„r,ired 
 of CedcN- Trees. ) P 
 
 " An Act to renew and make indefinite the Act [of 1784] en- 
 titled " An Act for the more effectual prevention of 
 Damage from passing over any Wall, Ditch, Hedge, or 
 other Inclosure." 
 
 " An Act for altering and amending an Act [of 1786] entitled 
 " An Act laying an Imposition on the raising the Flatts 
 Bridge." 
 
 " An Act for making an addition to the Act, &c., the Militia, ) jj^-j-gj 
 (&c.) ) 
 
 " An Act to renew and prolong an Act, cSbc, of the several ) Expired 
 Hairbours, (&c.) ( ^ 
 
 " An Act to encourage the Collection of Trade at the Towns 
 of St. George and Hamilton, by the sale of the Qlehe 
 Land near the former, and the Incorporation of the 
 latter, and for other purposes therein mentioned. , 
 
 1794. An Act directing the manner of emitting the Copper Coin 
 
 belonging to the Pubhc of Bermuda, and fixing the value 
 of the same. 
 " An Act to repeal an Act [of 1791] entitled " an Act, &c., \ 
 
 the Militia, &c., and one other Act [of 1793] for mak- \ Expired, 
 ing an addition," (&c.) ) 
 
790 TITLES OF BERMUDA ACTS. 
 
 Passed 
 1794r. An Act to explain and amend an Act entitled " An Act for 
 the more regdar pai/ment of the Clergy, the regulating 
 the Seats or Pews in the several Churches in these 
 Islands, and more effectual recovery of Pwrish Assess- 
 ments." 
 
 " An Act further to supply the deficiency of the Fund, (&c.) ]■ Expired. 
 
 " An Act for issuing Certificates, (&c.) ^ Expired. 
 
 " An Act to repeal part of an Act entitled " An Act direct- 
 ing the manner of emitting the Copper Coin," (&c.) 
 
 " An Act for the better Establishment and regulation of the ) t^ • j 
 Militia of Bermuda. \ J<.xpirea. 
 
 " An Act for the raising by a Lottery a Fund for the Establish- \fjL »„, * j 
 ment of a Marine Academy in the Islands of Bermuda. S ^^ 
 
 JAMES CRAUFUED, Goveknob. 
 
 1795. An Act settling an annual Salary on Sis Excellency James J 
 
 Craufurd, Esq., Governor and Commander in Chief of > Expired, 
 these Islands. ) 
 
 " An Act for the preservation of the several Bariors, (&c.) j- Expired. 
 
 An Act for the sale of the Glebe Land lying in Paget's Par- 
 ish and thereby rendering it more profitable to the 
 present and future Incumbents. 
 
 " An Act further to supply the deficiency of the Fund, (&c.) \ Expired. 
 
 " An Act for issuing Certificates, (&c.) \ Expired. 
 
 " An Act for the better enabling Vice-Admiral Murray or 
 any other person or persons who shall or may be author- 
 ized by His Majesty, to tahe up certain Lands in Sandy^s 
 parish for the uses of Government, and for pointing out 
 the mode of indemnifying the owners of the same, and 
 vesting such Lands in the Crown, on the receipt of such 
 Indemnity. 
 
 " An Act for the better enabling Vice-Admiral Murray or ) 
 any other person or persons who shall or may be author- 
 ized by His Majesty, to take up a certain Tract or par- 
 cel of Land situate in the parish of St. George, commonly 
 called and designated by the name of the Secretary''s 
 Point, and for pointing out the mode of indemnifying 
 the present and every future Secretary or Provost Mar- 
 shall ; and vesting such land in the Crown on the receipt 
 of such indemnity. 
 
 Suspending 
 Clause. 
 
 1796. An Act, &c., to renew and prolong an Act, &c., for the ) 
 
 better recovery of Debts due on promissory Notes, > Expired. 
 (&c.) S 
 
 An 
 ment 
 
 Act to renew and prolong an Act, &c., for the punish- ) j. p- j 
 ment of Theft, &c. j " 
 
 An Act further to supply the deficiency of the Fund, ) m . , 
 (&c.) ] ^P""^ • 
 
 An Act for issuing Certificates, (&c.) }• Expired. 
 
TITLES OF BERMUDA ACTS. 791 
 
 HENRY TUCKER, Peesident. 
 
 1797. An Act further to supply tlie deficiency of the Fund, (&c.) \ Expired. 
 
 An Act for issuing Certificates, &c. }. Expired. 
 
 An Act as well to repeal an Act, &c., [of 1784] for regulat- 
 ing the Pihtage, &c., as one other Act, &c., [of 1793] to 
 renew and amend, (&c.) 
 
 An Act for the Incorporation of tlie Town of St. George, 
 and for the further promotion of the Township of Ham- 
 ilton in the Islands of Bermuda. 
 
 An Act for the better regulation of the Pihtage of these ) ^ . , 
 Islands, (&c.) [ Expired. 
 
 An Act further to suspend, &c., part of an Act, Sec, for the J ^ . , 
 limitation of certain personal Actions, &c. ] is-xpired. 
 
 An Act making provision for the speedy payment of per- ) t. , ■, 
 sons attending as Jurors and Constables on the Courts off ?TaS ' 
 King's Bench and Common Pleas. ) ■^°^' • 
 
 An Act for the more effectual prevention of the destruction ) t^ • j 
 of Cedar Trees. \ Expired. 
 
 Act to prevent as much as possible the introduction of ) -p . , 
 malignant Diseases, (&c.) \ i!-xpired. 
 
 An 
 
 GEORGE BECKWITH, Goveenob. 
 
 1798. An Act for settling an annual Salary on His Excelleney ) 
 
 George BeehwitTi, Governor and Commander in Chief of > Expired, 
 these Islands. ) 
 
 An Act further to supply tlie deficiency of the Fund, (&c.) \ Expired. 
 
 " An Act as well in addition to an Act entitled "An Act for 
 the Incorporation of the Town of St. George, and for the 
 further promotion of the Township of Hamilton in the 
 Islands of Bermuda," as one other Act entitled " An 
 Act to encourage the collection of Trade at the Towns 
 of St. George and Hamilton by the Sale of the Glebe 
 Land near the former, and the Incorporation of the lat- 
 ter, and for other purposes therein mentioned." 
 
 " An Act to prolong an Act, &c., for the better regulation of ) jj^nj-gH 
 Vestries, Constables and Cliurchwardens, (&c.) \ ^ 
 
 " An Act to renew, &c., an Act, &c., of a Civil Watch, (&c.) \ Expired. 
 
 " An Act for issuing Certificates, (&c.) \ Expired. 
 
 " An Act to prevent as much as possible the introduction of ) v-^-^WaA 
 Malignant and pestilential Diseases. ) ^ 
 
 " An Act to alter, &c., an Act for the better establishment of ) j;j„;_gj 
 the Militia, &c. S 
 
 1799. An Act for confirming the practice of levying Fines and 
 
 suffering Common Recoveries, and for other purposes. 
 
 " An Act to prolong, &c., an Act to prevent as much as pos- J 
 
 sible the introduction of malignant and pestilential > Expired. 
 Diseases, (&c.) ) 
 
 " An Act as well to encourage the cultivation, as to prevent ) jj^oired 
 the destruction of Cedar Timber, (&c.) ( " 
 
 " An Act for exempting certain persons residing in that part i 
 
 of the parish of St. George, commonly called Tucker's > Expired. 
 Town, and serving in the Militia of the said parish, (&c.) ) 
 
 100 ■ 
 
1802. 
 
 792 TITLES OF BERMUDA ACTS. 
 
 Passed 
 
 1799. An Act further to supply the defideney of the Fund, (&c.) j- Expired. 
 " An Act for issuing Certifkates, (&c.) } Expired. 
 
 1800. An Act to prevent persons pretending or having pretended " 
 
 to be Ministers oftJie Gospel or Missionaries from any- 
 religious Society whatever, and not invested vrith Holy I j;™;jej 
 Orders according to the rites and ceremonies of the j ^ 
 Church of England, or the Church of Scotland, from 
 acting as Preachers or Schoolmasters. J 
 
 " An Act to prolong an Act, &c., for the speedy payment of ) j;™jje(3 
 persons attending as Jurors and Constables, (&c.) ( 
 
 " An Act to prevent Strangers from servinff in the General 
 Assembly of these Islands, under certain restrictions. 
 
 " An Act to prolong an Act, &c., for the establishment of a ) ti__;,. j 
 GvBil Watch, (&c.) \ iixpirea. 
 
 " An Act to amend an Act, &c., to prevent vending or retail- \ jj-pj-g/i 
 ing Goods, (&c.) ) ^ 
 
 " An Act in addition to and amendment of an Act [of 1782] 
 entitled "An Act for the encouragement of the owners 
 of lands in these Islands to inclose the same withWalh," 
 (&c.) 
 
 " An Act to renew and amend an Act, &c., for the attaching) j-ypj-gj 
 the money, (&c.) ( ^ 
 
 1801. An Act to prolong and amend an Act, &c., for the attach- ) jj-pj-gj 
 
 ing the money, (&c.) \ " 
 
 " An Act to repeal in part, &c., two Acts, &c., malignant and ) jj^riired 
 pestilential Diseases, (&c.) ) ^ 
 
 " An Act to supply the Fund, (&c.) J- Expired. 
 
 An Act for the better Establishment, &c., of the Militia, \ gx^jj-gj 
 (&c.) S 
 
 " An Act to prohibit the taking of Fish in these Islands with ) jj^pij-gij 
 any sein, (&c.) ) ^ 
 
 " An Act for vesting in the Crown a certain piece or parcel 
 of land belonging to William, Sears, Esq., on which a 
 Battery has been erected, and for rendering the neces- 
 sary compensation to the said William Sears for the 
 same. 
 
 " An Act to supply the Fund, (&c.) J- Expired. 
 
 HENRY TUCKER, Peesident. 
 
 1803. An Act in addition to the Act entitled " An Act directing 
 what Conveyances shall be suflScient to pass the Real 
 Estates of Women under Coverture." 
 
 " An Act to make certain additions and alterations to the] 
 
 Act entitled "An Act to prevent Damages from the ( Repealed, 
 Straying of Cattle, and for the Erection of Pounds in (1859, No. 20. 
 these Islands." J 
 
 " An Act for the prevention of Damage by Birds to Agricul- ) Ey^i-gj 
 tural productions. ) P ' 
 
 " An Act in addition to the Act [of 1789] entitled " An Act ^ T>gng„jgj 
 for the better regulation of the retailing of Rum, and \ ?„, g ' 
 other spirituous Liquors within these Islands." ) 
 
 " An Act to prolong and amend an Act, &c., [of 1759] for | j-xnired 
 the attaching the money, (&c.)* ^ Jii p e . 
 
TITLES OF BERMUDA ACTS. 793 
 
 Passed 
 180S. An Act to sapplA/ the Fund, &c. j. Expired. 
 
 1804. An Act for vesting in the Crown a certain portion of land 
 
 on the high Hill of Ireland, on which a Battery has been 
 erected, and the roads leading thereto, and for render- 
 ing an adequate compensation to Joseph Seymour for 
 such land. 
 
 " An Act to prevent as much as possible the Introduction of ) ^ . , 
 malignant and pestilential Diseases, &c. ^ iixpired. 
 
 " An Act to renew, &c., an Act, &c., [of 1803] to prevent )-r, . , 
 Damages from the Straying of Cattle, (&c.) \ Jixpirea. 
 
 " An Act to supply the Fund, (&c.) [ Expired. 
 
 FRANCIS GORE, Governok. 
 
 1805. An Act for settling an annual Salary on Sis Fxcellency ~j 
 
 Francis Gore, Governor and Commander in Chief of > Expired, 
 these Islands. ) 
 
 " An Act for the better Establishment, &c., of the Militia, ) i, . , 
 (&c.) 'pxpired. 
 
 " An Act to prolong an Act, &c., for the aitecAwjriAe wonet^, ) T, . , 
 (&c.) f Jixpu-ea. 
 
 " An Act to prolong an Act, &c., of Vestries, Constables and ) „ ■ j 
 Churchwardens, (&c.) \ JixpireQ. 
 
 " An Act for settling an Annuity on John Eoherts. \ Expired. 
 
 " An Act to prevent the retailing of Rum, (&c.) \ Expired. 
 
 " An Act for renewing, &c., an Act for ascertaining the rate ) m • j 
 of Interest, (&c.) j xpire . 
 
 " An Act for vesting in the Crown a certain piece of land at 
 or near Hungary Bay in Paget's parish, belonging to 
 Francis Jones, Esquire, on which a Fort has been 
 erected : and for rendering a proper compensation for 
 the said land to the said Francis Jones. 
 
 " An Act to supply the Fund, (&c.) |- Expired.' 
 
 " An Act authorizing a Sale, under certain Conditions, of the 
 Glebe situate in or near the parish of Hamilton in 
 these Islands. 
 
 HENRY TUCKER, Pkesident. 
 
 1806. An Act to su^Zy the Fund, (&c.) j- Expired. 
 " An Act to prolong an Act, &c. — Promissory Notes, (&c.) j- Expired. 
 " An Act to renew, &c., an Act, &,a.—Ceda/r Timber, (&c.) \ Expired. 
 
 " An Act to renew, &c., an Act, tc.—the straying of Cattle, ) Expired 
 
 (&c.) J 
 
 An Act to renew, &c., an Act for the punishment of Theft, } jj^pired 
 
 (&c.) J 
 
 " An Act to prolong an Act, &c., for the speedy payment, &c. ) j^pired. 
 
 of Jurors, (&c.) ) 
 
 " An Act for granting Bounties to white persons and impos- ) 
 
 ing Duties upon Slaves, exercising certain Mechanic \ Expired. 
 
 Trades. ) 
 
794 
 
 TITLES OF BERMUDA ACTS 
 
 Passed 
 1806. 
 
 An Act imposing Duties upon Free Negroes and free persons > Exoired 
 of colour exercising certain of the IfgcyiasMic 7Va<fei. \ P e. 
 
 An Act to regulate the Emancipation of Slaves, and to dis- j 
 able free Negroes a.ni persons of colour Jromieing seized 
 of Seal Estate. \ 
 
 An Act to renew, &c., an Act to prevent, &o., Malignant \ 
 and pestilentialDiieases, j 
 
 Expired. 
 
 Expired. 
 
 JOHN HODGSON, Goveknor. 
 
 1807. An Act to settle an annual Salary on Mis Excellency John ^ 
 
 Hodgson, Esq., Governor and Commander-in-Chief of > Expired, 
 these Islands. ) 
 
 " An Act to renew, &c., an Act, &c., of a Civil Watch, (&c.) \ Expired. 
 
 " An Act to authorize and empower James Hall and Josephus " 
 Darrell, or the siirvivor of them, to sell and convey such 
 Keal Estate as certain of the Devisees that are now In- Suspending 
 fants may be entitled to under or by virtue of the sixth ^ Clause, 
 clause of the last Will and Testament of William W. 
 Hall, deceased, during the non-age of the said Devisees. 
 
 " An Act to supply the Fund, (&c.) \ Expired. 
 
 SIR JAMES COCKBURN, Goveknor. 
 
 1811. An Act settling an annual Salary on His Excellency Sir ) 
 
 James Coehburn, Baronet, Governor and Commander > Expired, 
 in Chief. ) 
 
 " An Act declaring such payments as may have been made, ) 
 
 and also such Bonds, &c.,for and on account of any > Expired. 
 Taxes, &c., good and valid, (&c.) ) 
 
 1812. An Act to renew, &c., an Act, &c. — straying of Cattle, (&c.) }■ Expired. 
 
 " An Act to renew, &c., an Act, &c. — Civil Watch, (&c.) [- Expired. 
 
 " An Act to authorize Stowe "Wood, Robert Robinson, &c., J 
 
 to export from these Islands a certain quantity of Cedar > Expired. 
 timber and Plank. ) 
 
 An Act for settling an Annuity on John Zuill. 
 
 ■ Expired. 
 
 An Act to establish and regulate Post Offices in the Ports ) ,, ■ , 
 of St. George and Hamilton. \ ^^P'^ea. 
 
 An Act for the amendment of an Act for the more effectual ) Repealed, 
 cleaning, &c., of the Highways, (&c.) \ 1813. 
 
 An Act to supply the Fund, (&c.) [■ Expired. 
 
 An Act for taking up certain Lands and for erecting certain 
 Public Buildingi! thereon, for the purposes of Govern- 
 ment, at the Town of Hamilton, and the appointing cer- 
 tain persons as therein prescribed to carry the aforesaid 
 purposes into effect, and to draw a certain sum out of 
 the Treasury to defray the expences. 
 
 An Act for regulating the Pilotage, and authorizing the ) Repealed, 
 appointment o( Harbour Masters, (&c.) \ 1815, expired. 
 
 An Act for amending the Act, &c. — regulate Post Offices, ) ^^ . , 
 
Passed 
 1813. 
 
 TITLES OF BERMUDA ACTS. 795 
 
 GEORGE HORSFORD, LiEnxENANT Goveknor. 
 
 An Act for the better Establishment and regulation of the ) m • j 
 Mmia,(&o.) [Expired. 
 
 An Act further to prolons an Act, &c. — of Gedar Timber, ) „ • , 
 (&c.) '[Expired. 
 
 An Act to repeal in part, &c., an Act [of 1789] for the bet- )„ . , 
 ter regulation of the retailing of Sum, (&c.) \ iixpirea. 
 
 An Act to renew, &c., certain Ordinances of the Mayor, ) ^ . , 
 &c., of Hamilton, (about Shipping). \ JJ-xpirea. 
 
 An Act to renew, &c., an Act for the punishment of Theft, ) ^ . , 
 
 (&c.) 
 
 " An Act to prevent, &c., Malignant and pestilential Diseases. }- Expired. 
 
 " An Act to regulate the intercourse of Aliens with these ) „ ■ , 
 Islands in time of War. \ i^xpired. 
 
 " An Act to prevent Appeals from the Judgments of the 
 Courts of Common Law in this Colony to the Governor 
 in Council, or to the Court of Chancery. 
 
 " An Act to amend the Act, (&c.) [of 1812] regulating the ) Repealed, 
 Pilotage, (&c.) f 1815. 
 
 " An Act to vest in the Crown the Buildings and so much of 
 the Hdl, called " Mount Sill," in the parish of St. 
 George, the property of the Heirs or Devisees of the 
 late Andrew Durnford, Esquire, as may be necessary for 
 the purpose of the Telegraph and Fortifications thereon 
 erected by Government, upon the said Heirs or De- 
 visees receiving compensation for the same. 
 
 " An Act to facilitate the mode of conveying Lots within the 
 Town of Hamilton to the purchasers of the same from 
 the Corporation of Hamilton. 
 
 " An Act to repeal in part, &c., an Act for the attaching the \ Suspending 
 Goods, (&c.) ( Clause. 
 
 An Act to repeal the Act, &c., [of 1812] for the more effec- ] i fiT^excent 
 tual cleaning, &c., thef Highways, &c., and for consoli- [ ,, renealine- 
 dating in one Act various of the provisions, (&c.) Clause 
 
 " An Act to supply the Fund, (&c.) }■ Expired. 
 
 " Act to confirm certain Ordinances of the Mayor, &c., of St. ) jj^pi-gfl 
 George, [about Police']. f P 
 
 SIR JAMES COOKBURN, Governor. 
 
 1814. An Act to prolong an Act, &c., to supply the Fund, (&o.) [■ Expired. 
 
 " An Act for granting a further sum of money to the Com- 
 missioners appointed by the Act, &c., [of 1812] for tak- 
 ing up certain Lands, &c., and for other purposes, (&c.) 
 
 " An Act to supply the Fund, (&c.) r Expired. 
 
 " An Act to repeal part of an Act [of 1791] entitled An Act 
 for establishing and regulating the Courts of Judicature ! 
 and for the removal of His Majesty's Courts of Judica- 
 ture of the Bermuda Islands from the Town of St. 
 George to the Town of Hamilton. 
 
 " An Act to renew, &c., to establish and regulate Post Offices, I jjxnired 
 (&c.) S ^ 
 
796 TITLES OF BERMUDA ACTS 
 
 Passed 
 18U. 
 
 An Act to provide a Eoom or Rooms in the Township of ) j;xpijed. 
 Hamilton, to serve the purposes of a Fullic Gaol. J 
 
 " An Act to repeal an Act, &c., Courts of Judicature, &c., 
 and for the further better and more complete Establish- 
 ment of the Courts of Judicature vrithin these Islands. 
 
 " An Act in part to repeal, and to amend the Soad Act 
 passed the seventeenth day of September, 1813. 
 
 1815. An Act to alter one of the Return Bays of the Court of 
 General Assize. 
 
 " An Act relating to a certain Messuage, &c., in Pembroke 
 Parish and contiguous to the Town of Hamilton pur- 
 chased for and being the residence of the Governor, (&c.) 
 
 " An Act repealing an Act, &c., [of 1812] and further regu- ) jj^pj^g^ 
 lating the Pilotage, (&c.) J ^ 
 
 " An Act to confirm certain Ordinances of the Mayor, dec, of \ w.^i-gj 
 St. George, &c., [about Shipping']. ) ^ 
 
 " An Act to prevent, &c.. Malignant and pestilential Diseases, ) j;„D:.gj 
 (&c.) \ P 
 
 " An Act to prolong, &c.. Vestries, Constables and Church- ) jj^^j-gj 
 wardens, (&c.) j ^ 
 
 " An Act to adopt certain British Statutes and Clauses of 
 certain other British Statutes, made for the security of 
 Justices of the Peace and others in the execution of their 
 office, and to make certain regulations respecting Writs 
 of Certioroj'i. 
 
 " An Act to renew, &c., Ordinances of the Mayor, &c., of ) „ • j 
 Hamilton (aboat Shipping). \ ^P 
 
 1 Expired, (ex- 
 An Act to repeal the Act, &c., [of 1789] for the better regu- ! cept the 
 \a.tion o{ the retailing of Sum, {&c.) ( repealing 
 
 J Clause.) 
 
 " An Act to renew, &c., an Act, &c., of a Civil Watch, (&c.) }• Expired. 
 
 " An Act authorizing the Committee of the Act, &c., [of 1812] 
 for taking up certain Lands, &c., to cause a Public Gaol 
 to be erected in the Town of Hamilton, (&c.) 
 
 " An Act to confirm certain Ordinances, &c., of St. George, ) w ■ j 
 &c., [about PoZice]. S' ^Expired. 
 
 " An Act to supply the Fund, (&c.) \ Expired. 
 
 1816. An Act to indemnify and exonerate the Public Treamrer ) 
 
 for a certain loss sustained on Sterling Bills,'which had > Expired, 
 been received in the Public Treasury for Duties. ) 
 
 " An Act to prolong, &c., an Act, &c., regulating the Pilot- ) t, . , 
 age,{&c) . . & 5 t Expired. 
 
 WILLIAM SMITH, Pbesident. 
 
 " An Act relating to the Public Roads in these Islands, in 
 addition to the Act, &c., of September, one thousand 
 Ei^t Hundred and thirteen. 
 
 " An Act authorizing the purchase of a certain place or situ- 
 ation commonly called St. Johris Sill, and also certain 
 Lands contiguous thereto : and for vesting the same in 
 the Crown to and for the use and residetux of the Namal 
 Commander in Chief fox the time being, upon this Sta- 
 » tion. 
 
Passed 
 1816. 
 
 TITLES OF BERMUDA ACTS. 79T 
 
 An Act to renew, &c., an Act, &c., [of 1759] for tlie attach- \ ti_„;„oJ 
 ing the Goods, (&c.) \ Jixpirea. 
 
 An Act to continue, &c., an Act, &c., [of 1812] — -P"** I jjxnired 
 Offices, (&c.) 3 " ■ 
 
 An Act to encourage the exportation of Horses, (&c.) j- Expired. 
 
 An Act to prevent the erection of WooAen Buildings in the 
 Towns of Haniilton and St. George's. 
 
 An Act to renew, &c., Ordinances, &c., of St. George [about ) T^j-ni-gj 
 Shipping'\. \ p e • 
 
 An Act authorizing the Public Treasurer of these Islands 
 to be Receiver of the Fund commonly called Powder 
 Money. 
 
 Suspending 
 Clause 
 
 and 
 
 repealed, 
 
 1840. 
 
 " An Act for the Establishment of a College or School on the 
 School Land in Devonshire Parish, and to repeal the 
 Act entitled an Act for the Establishment of a proper 
 School on the Share of land in Warwick Pa/riah in the 
 Islands of Bermuda : and for vesting the School Lands 
 in Bewnshire, Pembrohe and Warwick Parishes in 
 Trustees, for the purpose of the Education of Youth. 
 
 " An Act to supply the Fund, (&c.) [■ Expired. 
 
 1817. An Act for the continuation of the Duties and Taxes im- ) -pynj-gj 
 posed, &c., by the Act to supply, (&c.) , S 
 
 " An Act to alter the Terms and Return Days of the Court 
 of General Assize of these Islands. 
 
 SIR JAMES COCKBIJRN, Governor. 
 
 1818. An Act to renew, &c.,to prevent, &c., malignant andpesti-) jj^pired. 
 
 Untial Diseases, (&c.) ) 
 
 " An Act to exempt persons attached to the Naval Establish- 
 ment at Ireland, from Militia and parochial duties. 
 
 " An Act for the relief of Insolvent Persons. \ Expired; 
 
 " An Act to renew, &c., an Act [of 1803]— the straying of) rj^nired 
 Cattle, (&c.) i ^ 
 
 " An Act in part to alter an Act [of 1816] entitled an Act for 
 the Establishment of a College or School, (&c.) 
 
 " An Act relating to the Establishment of Post Offices i" j Expired, 
 these Islands. ( 
 
 " An Act relating to the adjournment of the Court of General 
 Assize. 
 
 " Resolution of the Governor Council and Assembly transfer- 
 ring the possession of St. JohrCs Hill to the Naval Com- 
 mander in Chief. 
 
 1819. An Act to prolong the Act, &c., [of 1815] regulating the ) Expired. 
 
 Pilotage, (&c.) S 
 
 " An Act relating to certain Lands in Warwick Parish, com- 
 monly called the School Lands : and for authorizing a 
 certain Sum to be raised by assessment in the said par- 
 ish, for the purpose Of erecting a suitable School on the 
 said Land. 
 
798 TITLES OF BERMUDA ACTS. 
 
 Passed 
 
 1819. An Act for the regulation of the Fees of the OfBcers of the ) DjgaHovred 
 
 Customs and other ofScers therein mentioned. ( 
 
 " An Act for fixing the Rates of Fees. 
 
 " An Act to amend the Law in certain cases of Eomicide. \ i gafi ' 
 
 " An Act to provide for the EstabUshment of 5raracSes of ) Superseded by- 
 certain Public, Offices at the Town of St. George. j 1847, No. 15. 
 
 " An Act in part to alter an Act [of 1698] entitled " An Act J 
 
 for raising a Public Bevenue for the support of the Got- > Expired, 
 ernment of these H. M. Islands." ) 
 
 " An Act to alter and amend the Act [of 1789] for the punish- ) ■p__;_. j 
 ment of TTieft within these Islands. J Jixpirea. 
 
 " An Act for the future regulation of Betailing Bum, (&c.) J- Expired. 
 
 " An Act still further to continue an Act [of 1759] for the ) •■, • , 
 attaching the Goods, (&c.) \ ^''P'^^ea. 
 
 SIR WILLIAM LUMLEY, Goveknoe. 
 
 " An Act settling an annual Sala/ry on His Fkcellency Lieu- ) 
 
 tenant General the Honorable Sir William Lumley, K. > Expired. 
 0. B. Governor and Commander in Chief. ) 
 
 " An Act to authorize the appointment of Sworn Measurers ) ri-n.-.gj 
 &nA Inspectors of Lumber. ) " 
 
 " An Act to confirm certain Ordinances, &c., of Hamilton ) j;_i,;_gj 
 [about Police]. ) ^ 
 
 " An Act to confirm certain Ordinances, &c., of St. George ) -c • , 
 [about Police]. ^Expired. 
 
 1820. An Act for the relief of Insolvent Persons. }■ Expired. 
 
 " An Act for the complete Begistration of Slaves. \ Expired. 
 
 " An Act to settle under certain Conditions an annual Sum ) j, . , 
 on the Beverend Alexander Ewing. \ ^P'""^ • 
 
 " An Act to amend and explain an Act [of 1816] entitled an 
 Act for the Establishment of a College or School,- (&c.) 
 
 " An Act to continue an Act, &c., of Post Offices, (&c.) [■ Expired. 
 
 " An Act to continue an Act, &c., [of 1819] "in part to alter ) 
 
 and amend, &c., an Act for raising a Public Bev- > Expired. 
 enue." ) 
 
 " An Act for increasing the number of Clergymen within ( q ., -,_„ 
 these Islands. \ ^^^ 1**^"- 
 
 " An Aci to -prevent. Sec, Malimtmt and Pestilential Diseases, ) r:, . , 
 (&c.) • ' s '^Expired. 
 
 " An Act to confirm certain Ordinances, &c., of Hamilton, / t, . , 
 &c.. [about Shipping]. \ Expired. 
 
 SIR HILGROVE TURNER, Governor. 
 
 1826. An Act settling an annual Salary on Mis Excellency Lieu- ) 
 
 tenant General Sir Eilgrove Turner, K. 0. B. Governor \ Expired, 
 and Commander in Chief. ) 
 
 " An Act to renew, &c., an Act [of 1759] for attaching the ) „ . , 
 Goods, (&c.) \ Expired. 
 
 1827. An Act to continue an Act, &c., on promissory Notes, &c., [ Repealed, 
 
 with an amendment for the assignment of Mortgages. ) 1830. 
 
TITLES OF BERMUDA ACTS. 799 
 
 Passed 
 1827. An Act providing an allowance for the maintenance oi per- 
 sons imprisoned for Debt, 
 
 " An Act further to amend the Road Acts. 
 
 " An Act for the establishment of a Watch in these Islands. \ Disallowed. 
 
 " An Act in addition to and alteration of the Act, &c., [of 
 1820] for increasing the number of Clergymen, (&c.) 
 
 " An Act for the regulation of Retailing Rum, (&c.) \ Expired. 
 
 " An Act to guard against, &c., J^alignant and pestilential ) „ . , 
 Diseases, &c. f i^xpirea. 
 
 " An Act to prolong an Act [of 1793], &c.. Vestries, Oonsta- \ j-^nj-.j 
 ties, and Churchwardens, &c. \ " 
 
 " An Act to regulate the Pilotage, &c., \ Disallowed. 
 
 " An Act declaring the extent of Privilege to which Members 
 of the Legislature are entitled in Civil Suits. 
 
 " An Act to renew, &c., an Act [of 1803], &c., straying of ) -r, • , 
 Cattle, (&c.) f Jixpired. 
 
 " An Act for the protection and Government of Masters and ) Repealed, 
 Apprentices. ) 1834. 
 
 " An Act to revive the Act [of 1760] for the ascertaining the 
 rate of /a<«res< of money, <£(!.,and fixing, &c., a different 
 rate of Interest. 
 
 " An Act for the compiote Registration of Slaves. i ished 1834 
 
 " An Act for the punishment of Theft within the Islands ) Digaiiowed 
 of Bermuda. J 
 
 " An Act to authorize and require the publication of the 
 Titles and duration of Acts. 
 
 " An Act to prevent the destruction of Cedar Trees. }• Disallowed. 
 
 " An Act declaring the punishment of Buggery. i ^o^^jir^ 4 
 
 An Act relating to the Benefit of Clergy. i jggP ^w^ 11 
 
 " An Act to make Compensation to His Excellency Lieut. "1 
 
 Gen. Sir HUgrove Turner, K. G. and K. C. H. for the I j. -.^ 
 loss of income consequent upon the abolition of the j P' 
 Naval Office in these Islands. j 
 
 " An Act to prevent the abatement of Suits at Law in certain 
 Cases. 
 
 " An Act to ameliorate the Condition of Slaves and free per- ) w-j-t-gj 
 sons of Colour. \ ^ 
 
 " An Act for raising a Public Revenue, &c., and to appro- \ gynj-gj 
 priate, (&c.) ( ^ 
 
 " An Act repealing all Acts of the Legislature of these Islands 
 providing for the payment of persons attending as Jv/rors 
 amd CmistcMes on the Courts, (&c.) and for making the 
 payment to Jurors and Constables more general. 
 
 " An Act to settle a Salary on the Honourable John Robh ) g^piygj 
 Harvey as Speaker of the House of Assembly. J '^ 
 
 An Act authorizing the payment of certain Sums of money ) w-n.-^H 
 out of the Public Treasury. ( Jixpireu. 
 
 " An Act to authorize the valuation of certain Xanis coniig- ) 
 
 uous to the BarracTc Hill in St. George, and to vest >■ Disallowed, 
 them in the Crown. ) 
 
 101 
 
800 TITLES OF BERMUDA ACTS. 
 
 Passed 
 
 1828. An Act to prolong an Act, &c., [of 1827] to guard against ) Expired. 
 
 Malignant ani pestilential JJiseases, (&c.) ) 
 
 " An Act to prevent the interment of Corpses within the 
 
 Churches of these Islands. 
 " An Act for raising a Puilic Sevenue, (&c.) )■ Expired. 
 
 1829. An Act to amend an Act [of 1814], &c., for the further 
 
 better and more complete Establishment of the Omrrts 
 of Judicature of these Islands, 
 
 " An Act for the further Eevisal of the Laws. 
 
 " An Act for regulating the Fronts of Streets in the Town of / ^partln ™ 
 Hamilton. \ 1843. 
 
 " An Act to extend certain of the provisions of the Act [of 1 
 
 1827] entitled "An Act to authorize ihi& valuation of% Disallowed. 
 certain Lamds,^' (&c.) . J 
 
 " An Act to prevent Masters of Vessels from discharging and ) p _n:_gj 
 leaving on shore any sicTc or disabled Seamen. ) 
 
 " A Bill for regulating punishments on the Tread- Wheels. \ Disallowed. 
 
 " An Act for further addition to, &c., an Act [of 1783] for) j;„„:_.j 
 fixing and ascertaining the rates of Ferryage, (&c.) \ " 
 
 " An Act to authorize alterations and repairs to the Sessions \ -p^-p.-f-j 
 Souse in the Town of Hamilton. j 
 
 1830. A Bill to encourage a general Vaccination, (&c.) }■ Expired. 
 
 " An Act to make certain additions to the Act, &c., against^ 
 
 the introduction of malignant and pestilential Diseases, > Expired. 
 (&c.) ) 
 
 " An Act to renew, &c Pilotage, (&c.) \ Expired. 
 
 " An Act in further addition to and amendment of the Ferry ) -,, . j 
 Acts. ^ I Expired. 
 
 " An Act for the punishment of Simple Larceny. I ■'I'^j"?'"'^ 1*833 
 
 '' An Act relative to the Conviction of Offenders transported 
 to these Islands from Groat Britain and other parts of 
 His Majesty's Dominions. 
 
 " An Act to extend to these Islands the English Statutes of 
 Sdbeas Corpus. 
 
 " An Act for the regulation of retailing Sum, (&c.) }■ Expired. 
 
 " An Act to authorize the valuation of a certain Lot of land 
 called "Traille's," in St. George's, and to vest the same 
 in the Crown. 
 
 " An Act for the encouragement of <S'Aip-&ui?d;ire^. }■ Expired. 
 
 " An Act to continue [indefinitely] an Act, &c., [of 1786] 
 . . . . Debts due on promissory Notes, (&c.) 
 
 " An Act to prolong, &c., to ameliorate the Condition of ) m • , 
 Slaves, (&c.) \ Expired. 
 
 " An Act to provide for the Custom House Establishment in ) t^ . , 
 Bermuda. \ Expired. 
 
 " An Act to prolong an Act, (Sfcc. . . . Treadwheels. }• Disallowed 
 
 " An Act to repeal an Act [of 1827] for the recovery of Debts ) Confirmed, 
 
 due on promissory Notes, &c. ^ 3 July, 1833. 
 
TITLES OF BERMUDA ACTS. 801 
 
 Passed 
 
 1830. An Act for raising a Fuilic Eeeenue, (&o.) }• Expired. 
 
 " An Act relating to Post-Offices. \ Expired. 
 
 An Act to confirm certain Ordinances, &c., of St. Georee, ) -n • j 
 &c., [about Po?Jc«.] S' [Expired. 
 
 " An Act still further to prolong, &c., against malignant and ) p . , 
 pestilential Diseases. \ Jixpirea. 
 
 An Act to authorize Special Sessions of the Court of General ) -n • j 
 Assize. [Expired. 
 
 1831. 
 
 No. 1. An Act to settle a Salanry upon the Honourable John Nolle ) ^ . , 
 Honey as SpeaJcer of the House of Assembly. ( iLxpired. 
 
 2. An Act for fixing the period at which the Acts of the Legis- 
 lature shall commence in their operation. 
 
 8. An Act for granting aid for the erection of a new Church 
 in Wa/rwick Parish. 
 
 4. An Act to prolong an Act [of 1880] relative to the Convic- ) ^j . , 
 tion oi offenders transporUd to these Islands, (&c.) ( Jixpirea. 
 
 6. An Act to renew an Act [of 1829], &c Dis- ) f, . , 
 
 abled Seamen. ^' [Expired. 
 
 6. An Act for the preservation of the several Ma/rbours in 
 
 these Islands. 
 
 7. An Act to prevent the destruction of Cedar Trees. 
 
 8. An Act to simplify and amend the mode of proceeding in 
 
 the Court of General Assise. 
 
 9. An Act providing a Salary for the Minister of the Presby- ( tj„ • j 
 
 ierian Church of Warwick Parish in these Islands. ) pirea. 
 
 10. An Act for imposing a Tax on Dogs. 
 
 11. An Act for raising a Public Revenue, (&c.) )■ Expired. 
 
 12. An Act for the removal of certain doubts respecting the use } t\- h „ j 
 
 o{ Tread-wheels, (,&c.) [Disallowed. 
 
 13. An Act for making certain additions to the Gaol in Hamil- 
 
 ton. 
 
 \i. An Act for erecting a certain Public Building in the Town 
 of Hamilton. 
 1831. 
 2d Session. 
 No. 1. An Act for granting the Sum of £1,000 Currency to the 1 
 
 Inhabitants of Ba/rbados sufiering from the ravages of I j;„_:j.g j 
 a Hurricane by which they were visited on the eleventh ( ^ 
 of August, 1831. J 
 
 S. 
 
 An Act for continuing certain temporary Acts of the Legis- ) ^xnired 
 lature. j ^ 
 
 SIR STEPHEN REMNANT CHAPMAN, Governor. 
 
 1832 
 
 No. 1. An Act settling an annual Salary on His Excellency Major ^ 
 
 General Sir Stephen Remnant Chapman, 0. B. and K. > Expired 
 C. H. Governor and Commander in Chief. ) 
 
 2. An Act to prolong the Act, &c., to regulate the Pilotage, \ j-pj^gj 
 
 (&c.) ) 
 
 3. An Act to continue an Act for imposing a Taa upon Dogs. \ Expired. 
 
802 TITLES OP BERMUDA ACTS. 
 
 1832. 
 
 No. 4. An Act to prolong an Act to ameliorate the Condition off J,l3oli^^,'^ 
 
 Slaves, (&c.) I IBZi 
 
 5. An Act to authorize Special Sessions of the Court of General 
 
 Assize. • 
 
 6. An Act for regulating Retail Liquor Shops, (&o.) \ Expired. 
 
 7. An Act for raising a Public Revenue, (&c.) • \ Expired. 
 
 8. An Act to repeal the Act, &c., oi malignant and pestilen- ) v^^Wed 
 
 tial Diseases, &c., and to consolidate, (&c.) j " 
 
 9. An Act to vest in the Crown a certain Tract of land adjoin- 
 
 ing Mornit Langton. 
 
 10. An Act for supplying some defects in the Laws relative to { nealed 
 
 Suits before Justices of the Peace, and Parish rates. i ^qSq jt ' , 
 
 11. An Act for erecting a Public Building in the Town of St. ) Repealed, 
 
 George. ( 1852, No. 18. 
 
 12. An Act to allow the Action of Assumpsit for Use and Occu- 
 
 pation. 
 
 1832. 
 2d Session. 
 No. 1. An Act in part to repeal and amend an Act [of 1832], &c., ) m' . , 
 of malignant and pestilential Diseases. j axpire . 
 
 2. An Act to alter, add to, and amend the Acts relating to the 
 Court of General Assize. 
 
 1833. 
 
 No. 1. An Act for regulating the Ferry, (&c.) }■ Expired. 
 
 2. An Act for importing a Collection of the English Statutes 
 
 for public use. ♦ 
 
 3. An Act for raising a Public Revenue, (&c.) \ Expired. 
 
 4. An Act to amend an Act [of 1831] for erecting a Public 
 
 Building in Hamilton. 
 
 5. An Act relating to iha settlement of Paupers "vri^vaVae&e 
 
 Islands. 
 
 6. An Act to continue an Act, &c., for the complete Regis-] ^,1^^^., 
 
 ttationofSlames. t *^°co^^'^ 
 
 7. An Act stai further to explain the Act [of 1775] for the 
 
 more regular payment of the Clergy, the regulating the 
 Seats or Pews in the several Churches, &c. 
 
 8. An Act for regulating the Sale of Garden and Farm, Pro- ) -r, . , 
 
 ductims, (&c.) \ Expired. 
 
 1834. 
 
 No. 1. An Act for the abolition of Slavery in these Islands, in con- 
 sideration of Compensation. 
 
 3. An Act to repeal the Laws exclusively applicable to Free 
 
 blaclc and Free coloured persons ; and to extend to them 
 the Laws applicable to white persons ; and to fix the 
 qiialificatiom of Jurors, (&c.) 
 
 8. An Act in addition to the Act, &c., [of 1831.] .... 
 Court of General Assize. 
 
 4. An Act for attaching the money. Goods, (&c.) \ Expired. 
 
 6. An Act in addition to the Act [of 1787] as well for the relief 
 of the Poor, as for the putting out Apprentices, {&c.) 
 
TITLES OF BERMUDA ACTS. 803 
 
 1834. 
 
 No. 6. An Act for the protection of Landlords. 
 
 7. An Act to amend the Acts relating to Coniieyances of 
 
 Real Estate by Women under Coverture. 
 
 8. An Act to restrain and punish Vagrmcy. . [ I^sTno^II. 
 An Act for raising a Public Revenue, (&c.) \ Expired. 
 
 An Act still further to prolong an Act [of 1880] relative ) ^ . , 
 to the Conviction of Offenders tramsported, (&c.) j Jixpirea. 
 
 10. 
 
 11. An Act to repeal the Act [of 1691] "to prevent parish 
 
 Charges by Poor persons removing from one Tribe to 
 another," and to make other enactments instead 
 thereof. 
 
 12. An Act relative to certain Duties imposed by former Acts ) tjt__-,„ j 
 
 of Supply and appropriation. J lixpirea. 
 
 13. An Act for consolidating and amending the Laws relative } -r, ■ , 
 
 to Larceny, (&c.) \ E^P"^ed. 
 
 14. An Act for the Establishment of a Ckil Watch, (&c.) [■ Expired. 
 
 15. An Act to establish certain Regulations for the performance } t, • , 
 
 oi Quarantine. ^xpired. 
 
 16. An Act to authorize the application of a Sum of £28.16.10 ' 
 
 being the value of a certain portion of the Qlebe of San- 
 dys and Southampton parishes, which has been taken \ Expired, 
 up for the use of the public Roads to the improvement 
 of the Parsonage House on such Glebe. 
 
 17. An Act for regulating the Sale of Garden and Farm pro-l 
 
 ductions and the establishment of Markets in the Towns > Expired, 
 of Hamilton and St. George. ) 
 
 18. An Act to amend the Act [of 1784] " for the more effectual 
 
 prevention of damage from persons passing over any 
 Wall, Ditch, Hedge, or other Inclosure." 
 
 19. An Act for preserving and recording certain Wills in the 
 
 Secretary's OfiSce. 
 
 20. An Act for the regulation of the Public Gaols within these 
 
 Islands. 
 
 HENRY G. HUNT, Acting Governok. 
 
 1835. 
 
 No. 1. An Act to amend the Act [of 18341, &c. . . . Quaran- } „ . ^ 
 tine. ^ ^ExpireJ. 
 
 2. An Act for the amendment of the Law, and better advance- 
 
 ment of Justice. 
 
 3. An Act to regulate the Pilotage, (&c.) }• Expired. 
 
 4. An Act to continue and amend the Act, &c., [of 1831] to "I 
 
 simplify and amend the mode of proceeding in the Court | tj, . , 
 of General Assize, and one other Act [of 1834] in addi- j ^P"'*"- 
 tion, &c. J 
 
 5. An Act to continue and amend the Act, &c., [of 1831] . . . ? p- ■ , 
 
 Cedar Trees. \ Jixpired. 
 
 6. An Act to renew the present Lease of the Ferry, (&c.) } Expired. 
 
 7. An Act for raising a Public Revenue, (&c.) \ Disallowed. 
 
804 TITLES OF BERMUDA ACTS. 
 
 1835. 
 
 No. 8. An Act to authorize the application of the money payable 
 
 to the Churchwardens of the several Parishes of these 
 
 Islands, under the Act, &c., for regulating Liquor Shops, \ Expired. 
 
 &c., to the enlarging and improving the Churches of the 
 
 said parishes. . 
 
 9. An Act to amend an Act, &c., [of 1832] for regulating Re- \ Expired. 
 tail Liquor Shops. ) 
 
 10. An Act for the amendment of the Law of Inheritance. 
 
 11. An Act to renew the Act [of 1880] " for the encouragement ) Disallowed 
 
 of Ship-Building " with certain additions thereto. ) 
 
 12. An Act in addition to the Act, &c., [of J816] authorizing 
 
 the purchase of a certain place or situation, commonly 
 called St. John's Eill, (&6.) 
 
 13. An Act relating to Post- Offices. \ Expired. 
 
 1836, 
 ). 1 
 
 2. 
 
 3. 
 
 SIR STEPHEN REMNANT CHAPMAN, Governor. 
 
 No. 1. An Act to continue an Act, &c., [of 1829] .... **"* ^ Expired 
 or disabled Seamen. ) " 
 
 An Act to continue an Act, &c., [of 1827] for the ascertain- / g^pj^gj 
 lag the isxte oi Interest of mon^y, {&c.) f " 
 
 An Act to continue an Act, &c., [of 1827] for the payment, ) jj^pired 
 &c., o( Jurors and Gonstables, (&c.) j ^ 
 
 4. An Act to continue an Act, &c., [of 180.3] for the erection ) jj^nired 
 
 of Pounds, (&c.) S ^ 
 
 5. An Act for the encouragement of Ship-lmilding. \ Expired. 
 
 6. An Act for raising a Public Sevenue, (&c.) }■ Expired. 
 
 7. An Act for regulating punishments on Treadwheels. \ Expired. 
 
 8. An Act to provide for ih% payment of Witnesses attending 
 
 the Courts of General Assize, or Quarter or General Ses- 
 sions of the Peace, in Criminal Cases. 
 
 9. An Act for vesting in the Crown an additional lot of land 
 
 for the use of the Naval Commander in Chief on this 
 Station. 
 
 10. An Act to continue the Act, &c., [of 1834] for attaching the ) x, . , 
 
 Money, (&c.) J Jixpirea. 
 
 11. An Act for improving the admimstraiion oi Criminal Jus- 
 
 tice in these Islands. 
 
 12. An Act to establish certain regulations for the performance 
 
 of Quarantine. 
 
 13. An Act for consolidating and amending the Statute Law ) r,' ii a 
 
 relative to Offences against the Person. j Uisallowed. 
 
 14. An Act for the summary punishment of Common Assaults 
 
 and Batteries. 
 
 15. An Act relating to Appeals from the Court of Chancery 
 
 unto His Majesty in Council. 
 
 16. An Act to encourage the Ediication of poor white children. \ Expired. 
 
 17. An Act for regulating the Diet of Prisoners maintained at 
 
 public expense. 
 
 18. An Act in addition to the Acts for erecting a Building in 
 
 the Town of Eamilton for certain public purposes. 
 
TITLES OF BERMUDA ACTS. 805 
 
 1886. 
 
 No. 19. An Act to repeal all the various Acts from time to time 
 passed for the protection of Palmetto Tops. 
 
 20. An Act for the protection of Palmetto Tops. \ Expired. 
 
 1837. 
 
 No. 1. An Act to continue and amend an Act, &c., [of 1836] for) ^«i"I!««' ,1 
 payment of Witnesses, (&c.) f ed 1838 
 
 . 3. 
 
 9 
 
 2. An Act to continue an Act, &o., [of 1832, indefinitely] to 
 authorize Special Sessions, &c. 
 
 An Act to continue an Act, &c., for imposing a Tax upon \ ^ _;_. j 
 Dogs. J Jixpirea. 
 
 4. An Act for raising a Public Eevenue, &c. \ Expired. 
 
 5. An Act to regulate Retail Liquor Shops. j- Expired. 
 
 6. An Act to continue the Act [of 1834] for the regulation of 1 
 the Public Goals, and the Act [of 1836] for regulating > Expired, 
 the Diet of Prisoners, (&c.) ) 
 
 7. An Act to continue the Act for the summary punishment of ) ri__:-g j 
 Common Assaults and Batteries. \ ^ 
 
 8. An Act to continue the Act [of 1831] for the preservation ) Tii_,.:_„j 
 of the several Harbours, (&c. ) \ ^^V^"^^^- 
 
 An Act to continue the Act, &c., [of 1834] relative to Lar- \ j-ypj-g^ 
 eeny, (&c.) \ ^ 
 
 10. An Act for vesting aU Estates and property in the Bermuda 
 
 Islands occupied for the Ordnance Service in the Princi- 
 pal Officers of His Majesty's Ordnance, and for granting 
 certain Powers to the said Principal Officers. 
 
 11. An Act to encourage a general Facemato'ora, (&c.) }• Expired. 
 
 12. An Act to deepen one of the Channels leading into the \ Partly 
 
 Harbour of Hamilton. \ executed. 
 
 13. An Act to establish a Company called 'TAe Bermuda Flour 
 
 and Bread Company." 
 
 14. An Act in addition to the Acts relating to the Public Beads. \ Expired. 
 
 15. An Act to amend the Act, &c., [of 1830] to provide for the ) riigailowed 
 
 Custom House Establishment. ) 
 
 16. An Act to continue the Act to restrain and punish Vagrancy. \ Expired. 
 
 17. An Act for the encouragement of the Drainage of Marsh ) j;_„:j.gj 
 
 lands. . ) 
 
 1838. 
 
 No. 1. An Act to settle a Salary upon the Honorable John Noble ) j;„„;r„j 
 ^axYej a,& Speaher of the House of Assembly. j " 
 
 2. An Act for consolidating and amending the Statute Law 
 
 relative to Offences against the Person. 
 
 3. An Act for raising a Public Revenue, (&c.) j- Expired. 
 
 4. An Act for regulating the Ferry between the Island of St. ) jj^pired. 
 
 George and Coney Island. ) 
 
 , 6. An Act to renew and amend an Act, &c., [of 1835] relating ) riy„- . j 
 to Post Offices. S '^^P''^^''- 
 
 6. An Act to prevent the publication of certain Notices in 
 
 Church during Divine Service. 
 
 7. An Act to continue and amend the Act, &c., [of 1836] for 
 
 improving the Administration of Criminal Justice in 
 these Islands. 
 
806 ■ TITLES OF BERMUDA ACTS. 
 
 1838. 
 
 No. 8. An Act to authorize the employment of Male Prisoners on ) gj^pj^g^ 
 public Works. ) ^ 
 
 9. An Act in addition to the Act for the regulation of the Pub- 
 lie Oaoh. 
 
 3. 
 
 1840. 
 
 ; to amend the Act, &c., [of 1837] to provide for pay- \ j^pjf.j 
 it of Witnesses, (&c.) ) ^ 
 
 10. An Act in addition to the Acts directing what "Warning is 
 
 to be given to a Tenant at Will. 
 
 11. An Act \ 
 
 ment i 
 
 12. An Act to suspend for a limited period an Act, &c., [ofl 
 
 1832] for erecting a Public Building in the Town of Sl.> Expired. 
 George. ) 
 
 13. An Act for improving the Police in and near the Towns of ) j<_j,i_gj 
 
 Hamilton and St. George. j P 
 
 WILLIAM REID, Governor. 
 1839. 
 No. 1. An Act settling a iSafory on His Excellency -Lieutenant i 
 
 Colonel William, Peid, 0. B. Governor and Commander > Expired. 
 
 in Chief. ) 
 
 2. An Act to continue and amend the Act, &c., [of 1831] to 
 simplify and amend the mode of proceeding in the Court 
 of General Assize, (&c.) 
 
 An Act to continue the Act, &c., [of 1836] for the perform- ) pynj-pj 
 ance of Quarantine. ) " 
 
 4. An Act to abolish certain Oaths and affirmations, and to 
 
 substitute Declarations in lieu thereof. 
 
 5. An Act to continue an Act, &c., [of 1831] providing a Salary ) 
 
 for the Minister of the Presbyterian Church of Warwick > Expired. 
 Parish, (&c.) ) 
 
 6. An Act for raising a Public Pevenue, (&c.) }• Expired. 
 
 7. An Act to authorize the application of the appraised value ~| 
 
 of Glebe Land taken for improving the Public Roads in ! -p. -a 
 Paget's parish, towards the repairs of the Glebe House f ■"'^P'''®"- 
 in that parish. J 
 
 8. An Act for enabling Courts to abstain from pronouncing 
 
 Sentence of Death in certain capital felonies. 
 
 9. An Act for establishing a Public Libra/ry. 
 
 10. An Act for consolidating and amending the Laws relative 
 
 to Larceny^ and other Offences connected therewith, and 
 malicious injuries to property. 
 
 11. An Act to repeal the Act, &c., [of 1834] to restrain and) 
 
 punish Yagrancy, and to substitute other provisions in- > Expired, 
 stead thereof. ) 
 
 12. An Act relating to Lights and Eaves of Buildings within the ) n- n j 
 
 Town of Hamilton. ^ | Disallowed. 
 
 13. An Act to amend the Act, &c., to provide for the Custom } t, ■ , 
 
 House Establishment in Bermuda. f Jixpirea. 
 
 No. 1. An Act to continue and amend the Act, &c., [of 1838] in) 
 
 addition to the Act for the regulation of the Public > Expired. 
 Gaols. \ 
 
 2. An Act for raising a Public Pevenue, (&c.) 'f Expired. 
 
TITLES OF BERMUDA ACTS. 807 
 
 1840. 
 
 No. 3. An Act to continue the Act, &c., [of 1884] to prevent par- ) j;_„:,gj 
 ish charges by Pow persons removing, (&c.) \ V • 
 
 4. An Act for the amendment of the Laws, with respect to 
 
 Wilh. 
 
 5. An Act for settling an Annuity on Scunuel Cobb. \ Expired. 
 
 6. An Act to encourage a general Vaccination, (&c.) t -Pdcit* ' 
 
 7. , An Act in addition to the Act, &c., [of 1837] to regulate ) ■iii,„;,„^ 
 Retail Liquor Shops, &c. \ iixpirea. 
 
 8. An Act to continue and amend the Act, &c., for improving ) -rr^^;,. j 
 
 the Police, (&c.) \ Jixpirea. 
 
 9. An Act to repeal all the Laws relating to Powder Duty ( - j^ ^ ' 
 
 upon Vessels, and to commute the said Duty. C , g5-i ' 
 
 10. An Act for the better regulation of the Pilotage. [■ Expired. 
 
 11. An Act to authorize the valuation and purchase of certain 
 
 Lands and tenements in Devonshire parish, for the ser- 
 vice of Her Majesty's Ordnance. 
 
 12. An Act to amend an Act, &c., [of 1832] for erecting a Pub- \ ^^i^^^igS^a^*^' 
 
 lie Building in the Town of St. George. I No 18 ' 
 
 13. 
 
 1841. 
 No. 1. 
 
 An Act for draining certain Marshes in the parish of Pern- ) g-pj.gj 
 broke. ) ^ 
 
 An Act still further to prolong an Act, &c,, [of 1830] of ) j;™;j.g3_ 
 Offenders transported, (&c.) ) ^ 
 
 2. An Act for the safe custody of Insane persons charged with 
 
 Offences. 
 
 3. An Act to provide for the assimilation of the Currency, &c., 
 
 to the Currency, &c., of the United Kingdom, (&o.) 
 
 4. An Act to continuethe Act, &c., [of 1888] in addition, &c., ^ 
 
 " ' t> 
 
 directing what Warning is to be given to a Tenant at> Expired. 
 Will. ) 
 
 6. An Act to continue the Act, &c., to abolish certain Oaths, ) j;™^gj_ 
 (&c.) S 
 
 6. An Act to continue the Acts providing for the payment of) j;™irgj_ 
 
 Witnesses, (&c.) ) 
 
 7. An Act to continue the Act, &c., imposing a Tax upon Bogs. )■ Expired. 
 
 8. An Act for raising a Public Revenue, (&c.) 1- Expired. 
 
 9. An Act to extend the time for carrying into operation the 
 
 Act, &c., [of 1840] to authorize the valuation, &o., for 
 the Service ofH. M. Ordnance. 
 
 10. An Act to continue the Act, &c., [of 1838] relating to Post \ Expired 
 
 Offices. ) ■ 
 
 11. An Act to continue and amend the Act, &c., [of 1884] as 
 
 well for the rehef of the Poor, as for putting out Appren- 
 tices, (&c.) 
 
 1842. 
 
 No. 1. An Act to continue the Act, &c sich and <^»s«5Z«<^ | Expired. 
 
 Seamen. > 
 
 2. An Act to continue the Act, &c., for the encouragement of ) Expired. 
 
 Ship building. ' 
 
 102 
 
11. 
 
 12.. 
 
 808 TITLES OF BERMUDA ACTS. 
 
 1842. 
 
 No. 3. An Act for rendering a Release as effectual for the Convey- 
 ance of Freehold Estates, as a Lease and Eelease by the 
 same parties. 
 4. An Act relating to the Sala/riea of the Officers of the Gus- \ g^pired. 
 
 toms. S 
 
 6. An Act in addition to the Acts regulating the Pilotage. \ Expired. 
 
 6. An Act to regulate Eetail Liquor Shops. \ Expired. 
 
 7. An Act to extend the provisions of the Act, &c., [of 1840] 
 
 to authorize the valuation and purchase of certain Lands, 
 &c., to certain other Lands. 
 
 8. An Act to encourage Emigrants coming to these Islands ) j;™^gj 
 
 from the United Kingdom. ) 
 
 9. An Act for raising a Public Revenue, (&c.) \ Expired. 
 
 10. An Act for vesting in the Crown a lot of land adjoining the 
 Sessions House in the.town of Hamilton, and having the 
 same suitably enclosed. 
 
 An Act to continue the Act, &c., for the safe custody of ) ij'__;_„ j 
 Insane persons, (&c.) ( " 
 
 An Act to continue and amend the Acts for improving the ? -p- • j 
 Police, (&c.) ( " 
 
 13. An Act to amend the Act, &c., [of 1698] for raising a Pub- \ Repealed, 
 
 lick Revenue, (&c.) ) 1848. 
 
 14. An Act to amend the Act, &c., [of 1707] empowering Jus- Jo i j 
 
 tices of the Peace to hear and determine any Debt, &c., > fa^n ' 
 not exceeding the value of Forty Shillings. ) 
 
 15. An Act relating to P(9«< <?^c«s. }■ Expired. 
 1843. 
 
 No. 1. An Act to facilitate the enlargement or repairs of Pa/rson- 
 age Houses in Bermuda. 
 
 2. An Act for the better regulation of the Pilotage. 
 
 3. An Act for regulating the Ferry, (&c.) \ Expired. 
 
 4. An Act for taking an Account of the Population and agri- ) ^ . •, 
 
 cultural Stock and produce of these Islands. \ Jtxpirea. 
 
 5. An Act to continue the Act, &c., [of 18361 for performance ) -r, ■ , 
 
 oi Quarantine. [Expired. 
 
 6. An Act regulating punishments on Tread Wheels. 
 
 7. An Act to extend the operation of the Act, &c., [of 1789] to ) Confirmed, 
 
 enable the holders of small parcels of land, &c., in Fee- > 13th Dec, 
 tail to alter the same to Fee-simple. ) 1843. 
 
 8. An Act for establishing a Public Museum. 
 
 9. An Act to continue an Act, &c., [of 1838] to prevent the ) ,, . , 
 
 publication of certain Notices in Church, (&c.) ( Jixpired. 
 
 10. An Act for raising a Public Revenue, (&c.) }- Expired. 
 
 11. An Act for improving the Corners of certain Roads. \ Executed. 
 
 12. An Act relating to Copies of Accounts of Duties collected ) ,, . , 
 
 at the Custom House. \ Ji-xpired. 
 
 13. An Act in part to repeal an Act [of 1829] for regulating the 
 
 Fronts of Streets in the town of Hamilton. 
 
 14. An Act to maintain a Light House. K Expired. 
 
 16. An Act for making certain additions and alterations to the ) Suspended, 
 
 (raoHn the town of St. Gfeorge. l 1844. 
 
TITLES OF BERMUDA ACTS. 809 
 
 1843. 
 
 No. 16. An Act to esi&hMsh a, JBanJc for Savings. }■ Expired. 
 
 1844. 
 No. 1. An Act for improving the Law of ^wcZence. • 
 
 2. An Act to continue the Act, &c., for the summary punish- ) ^ . ■, 
 
 ment of Common Assaults and Batteries. ) pirea. 
 
 3. An Act to settle a Salary upon the Honorable John Noble j m • j 
 
 Harvey as Speaker, (&c.) \ iixpirea. 
 
 4. An Act to continue and amend the Act, &c., [of 1838] rela- 
 
 tive to Offences against the Person. 
 
 5. An Act declaring the period of the duration of the General ) Confirmed, 3 
 
 Assembly. \ Feb., 1845. 
 
 6. An Act to continue the Act for the safe custody of Insane ) j, . , 
 
 persons. [Expired. 
 
 7. An Act for raising a, Puilic Revenue, &c. ^Expired. 
 
 8. An Act to continue and amend the Act [of 1842] relating to) -p-ni-.j 
 
 Post Offices. J P 
 
 9. An Act for improving the Police in and near the towns of 
 Hamilton and St. George, and for other purposes. 
 
 10. An Act i 
 
 of the - 
 
 11. An Act to continue and amend the Acts for the regulation 
 
 of the Public Gaols. 
 
 .12. 
 
 ; to amend an Act [of 1843] for the better regulation | -ri- ■, ,; 
 he Pilotage. \ '^^Pifed. 
 
 An Act to alter and amend an Act, &c.,,for regulating the) t;.„:_„j 
 Ferry, (&c.) J ^ 
 
 13. An Act to amend the Act [of 1843] for regulating punish- 
 
 ments on Tread Wheels. 
 
 14. An Act to maintain a Light House. 
 
 1 5. An Act to suspend for a limited period an Act, &c., [of i 
 
 1843] for making certain additions, &c., to the Gaol in\ Expired. 
 the town of St. George. ) 
 
 16. An Act to amend the Act, &c., for establishing a public} jj^pj^g^ 
 
 Museum. J 
 
 17. An Act to amend the Act, &c., for improving the Corners) jj^nired 
 
 of certain Hoods. } ' 
 
 18. An Act to alter and amend an Act, &c., [of 1704] concern-) Repealed, 
 
 ing Plantation Bonds. ) 1847. 
 
 19. An Act for enforcing hard labour on Prisoners in the Pub- 
 
 lic Gaols liable to be so employed. 
 
 20. An Act to continue and amend the Act, &c., [of 1831] to) j;jj,;j,gj 
 
 prevent the destruction of Cedar Trees. J ^ 
 
 1845. 
 
 No. 1. An Act to explain and amend the Act, &c., [of 1782] . . . Ten- 
 ant at Will. 
 
 2. An Act to facilitate summary proceedings before Justices of 
 
 the Peace. 
 
 3. An Act for raising a Public Bevenue, (&c.) [■ Expired. 
 
 4. An Act to continue the Act, &c., relating to the Copies of) j;™;jgj_ 
 
 Accounts of Duties, (&c.) ) 
 
 6. An Act to simplify the Transfer of Property. 
 
810 TITLES OF BERMUDA ACTS. 
 
 1845. 
 
 No. 6. An Act to repeal an Act [of 1693] for the due regulation of 
 WeighU and Measures, and for ascertaining and estab- 
 lishing uniformity of Weights and Measures. 
 
 7. An Act in addition to an Act, &c., [of 1830] Offenders 
 
 transported, (&c.) 
 
 8. An Act to continue and amend the ^.ct to encourage a ) Repealed, 
 
 general Vaccination, (&c.) J 1857. 
 
 9. An Act in addition to the Act for improving the Adminis- 
 
 tration of Criminal Justice, (&o.) 
 
 10. An Act to ascertain the extent of the Jurisdiction of Jus- 
 
 tices of the Peace in cases of Sahaff%; and for other 
 purposes connected with Salvage. 
 
 11. An Act to continue the Act to establish a Bank for Savings. \ Expired. 
 
 13. An Act for building a new Goal at or near the town of St. 
 George. 
 
 13. An Act to continue and amend the Act, &c., [of 1844] for) w-^i-gj 
 
 enforcing Joard labour on Prisoners, (&c.) J " 
 
 14. An Act to amend an Act, &c., [of 1842] to regulate Betail]^ Exnired 
 
 Liquor Shops. \ " 
 
 15. An Act to establish the practice to be observed by Drivers 
 
 and Riders on the meeting and passing of Carts and 
 other Carriages, and of Horses and other Beasts of 
 Draught. 
 
 1846. 
 
 No. 1. An Act for raising a Pvhlic Revenue, (&c.) \ Expired. 
 
 2. An Act to prevent persons engaged in the Civil Depart- 
 
 ments of H. M. Naval or Military Service at Bermuda, 
 quitting their employment in time of danger or invasion. 
 
 3. An Act to establish an Hospital for the reception of Insane 
 
 Paupers. 
 
 4. An Act relating to Post Offices. 
 
 5. An Act for the regulation of an Hospital for Insane Pau- 
 
 pers. 
 
 6. An Act for preventing injuries or annoyances on the public 
 
 Roods. 
 
 7. An Act to provide some further accommodation and Salary 
 
 for the Tceepers of the Light House. 
 
 8. An Act to authorize the Commissioners of the Roads for 
 
 the Eastern District to alter the line of Road between the 
 Town of St. George and the Public Ferry. 
 
 9. An Act to vest certain Lands in the parish of St. George in 
 
 the Principal Officers of Her Majesty's Ordnance. 
 
 10. An Act to continue and amend the Act, &c., for improving 
 
 the Law of Evidence. 
 
 11. An Act to amend the Act, &c., [of 1830] relative to the 
 
 Conviction of Offenders transported, (&c.) 
 
 1 2. An Act for the confirmation of certain Marriages, (&c.) \ Disallowed. 
 
 Act to continue and amend the Act; &c., [of 1803] to ) Repealed, 
 prevent Damages from the straying of Cattle, ((Sbc.) \ 1859, No. 20. 
 
 Act to continue the Act, &c., [of 1834] to prevent parish ) p, . , 
 charges by Poor persons removing, (&c.) \ Jixpirea. 
 
 13. An Act to continue and amend the Act; &c., [of 1803] to ) Repealed, 
 
 14. An 
 
 15. An Act for regulating the Public Ferry. 
 
TITLES OF BERMUDA ACTS. 811 
 
 1846. 
 
 7. 
 
 9. 
 
 No. 16. An Act to authorize the apprehension and delivery o/eer- ) p , , 
 tain Offenders escaping to these Islands from other } ftf^ ' 
 parts of H. M. Dominions. \ ■^"'*'- 
 
 CHARLES ELLIOT, Governoe. 
 1847. 
 
 No. 1. An Act settling an annual &Zary ore 5w&c«K«n(!y CAorto) 
 
 Elliot, Esquire, Captain in the Royal Navy, Governor V Expired, 
 and Commander in Chief. ) 
 
 2. An Act to" continue and amend an Act, &c., [of 1827] for) 
 
 the payment qf persons attending as Jurors and Can- > Expired. 
 stalles, (&c.) ) 
 
 3. An Act to continue the Act, &c., [of 1%%S\.. .Tenant at) „ . , 
 
 Win. . . I J ^ Expired. 
 
 4. An Act to continue an Act, &c., [of 1827] for the ascertain-) ^ . , 
 
 ing the rate of Interest ofmormy, (&c.) \ ^^P"^^"- 
 
 5. An Act to continue the Act, &c., for the safe custody of in- ) „ • j 
 
 ««n« persons, (&c.) [Expired. 
 
 6. An Act for raising a Publk Eeoenue, (&o.) \ Expired. 
 
 An Act to continue and amend the Act, &c., [of 1839] rel- ) -r, • j 
 ative to iai'Cfiwy, (&c.) [Expired. 
 
 An Act to repeal the Act, &c., [of 1846] to authorize the 
 apprehension and delivery ofcerta/in Offenders, &c. 
 
 An Act to continue the Act, &c., [of 1831] for the preserva-) m . , 
 tion of the several Ha/rlours, &c. \ ^^Pirea. 
 
 10. An Act to revive and continue an Act, &c., [of 1887] to) 
 
 establish a Company called the Bermuda Flour and> Expired. 
 Bread Company. \ 
 
 11. An Act for attaching the money, Goods, Chattels and Debts 
 
 of absent Debtors. 
 
 12. An Act to render transported Convicts liable to additional 
 
 terms of labour, &c., in cases of Conviction, (&c.) 
 
 13. An Act tor aiding in the Establishment of Schools. f-Expiied. 
 
 14. An Act to continue and amend the Act, &c., [of 1844] for 
 
 improving theFolice, (&c.) 
 
 15. An Act for abolishing certain Fees on Shipping, and the 
 
 Crews and passengers therein ; and for making a provi- 
 sion in lieu thereof to His Excellency Charles Elliot, 
 Esq., Governor and Commander in Chief, and to the 
 Honorable Robert Kennedy, Secretary of these Islands. 
 
 16. An Act to repeal certain Duties of Customs. 
 
 17. An Act to continue and amend the Act, Ac, [of 1844] for 
 
 enforcing Hard Labour on Prisoners, (&c.) 
 
 18. An Act for the confirmation of certain Marriages in these 
 
 Islands. 
 
 19. An Act respecting Marriage Licences. 
 
 20. An Act to provide for the solemnization and Begistry of 
 
 certain Marriages. 
 
 21. An Act to prevent the cruel and improper treatment of 
 
 Cattle. 
 
3 
 
 812 TITLES OF BERMUDA ACTS. 
 
 1848. 
 
 No. 1. An Act to continue the Act, &c., [of 1836, 1838, and 1845]^ 
 
 for improving the administration of Criminal Justice, > Expired. 
 
 (&c.) ) 
 
 a. An Act to continue the Act, &c., [of 1830, 1845, and 1846] ) 
 
 relative to the conviction of Offenders transported, > Expired. 
 
 (&c.) ■ ) 
 
 An Act to continue the Act, &c., [of 1844 and 1846] for im- ) -gj^nirtdi 
 proving the Law of Eoidence. ) ^ 
 
 4. An Act to continue [indefinitely] the Act, &c., [of 1839] to 
 abolish certain Oaths and affirmations, and to substitute 
 Declarations instead thereof. 
 
 5. An Act to continue the Acts for consolidating and amend- i 
 ing the Statute Law relative to Offences agaimt the> Expired. 
 Person. ) 
 
 6. An Act to continue the Act, &c., [of 1846] to prevent persons ) 
 engaged in the Cimil Depa/rtments of H. M. Namal or> Expired. 
 Military Service at Bermuda quitting, (&c.) ) 
 
 14. 
 
 t to continue and amend the Act, &c., providing for ) p^nj-gj 
 payment of Witnesses, (&c.) \ ^ 
 
 7. An Act 
 
 the 
 
 8. An Act to repeal an Act, &c., [of 1698] for raising a Public 
 
 Revenue, &c., and the Act,' &c., [of 1842] to amend, 
 (&c.) 
 
 9. An Act to regulate the importation of Books and to protect 
 
 the British Author. 
 
 10. An Act to provide for the Collection of the Reoenue. 
 
 11. An Act for raising a Revenue, (&c.) }• Expired. 
 
 12. An Act to provide for the Appointment of Officers of the 
 
 Public Revenue, and for other purposes. 
 
 13. An Act to continue and amend the Act, &c., [of 1836] for 
 
 the performance of Qua/rantine. 
 
 An Act to continue the Acts [of 1843 and 1844] for regulat- ) jj-^f-.j 
 ing punishments on Tread-wheels. \ P ® • 
 
 15. An Act for regulating Liquor Shops and Tamei-ns. J- Expired. 
 
 16. An Act to continue the temporary Acts [of 1803 and 1846] ) -p „:_.j 
 
 relating to Stray Cattle amd Pounds. j ^" 
 
 17. An Act to continue and amend the Act, &c., [of 1846] for 
 
 regulating the Public Ferry. 
 
 18. An Act to continue and amend the Acts [of 1834 and 1841] 
 
 relating to Apprentices. 
 
 19. An Act to continue and amend the Acts [of 1881, 1834, 
 
 and 1839] for simplifying the mode of proceeding in 
 the Court of General Assize. 
 
 20. An Act to continue and amend the Act [of 1845] to facil- 
 
 itate Summary proceedings before Justices of the 
 Peace. 
 
 21. An Act to continue and amend the Act, &c., [of 1846] re- ) Repealed, 
 
 Uting to Post-Offices. \ 1859. 
 
 22. An Act relating to Merchant Seamen in Bermuda Vessels. 
 
 23. An Act to continue and amend the Act, &c., [of 1843] for 
 
 the better regulation of the Pilotage. 
 
 24. An Act to continue and amend the Act, &c., [of 1831] im- 
 
 posing a Tax upon Dogs. 
 
TITLES OF BERMUDA ACTS, 
 
 813 
 
 1848. 
 No. 25. 
 
 26. 
 
 1849. 
 No. 1. 
 
 2. 
 
 8. 
 
 4. 
 
 5. 
 6. 
 
 7. 
 
 8. 
 
 9. 
 
 10. 
 11. 
 
 12. 
 
 13. 
 
 14. 
 
 1-5. 
 
 16. 
 
 17. 
 
 1850. 
 No. 1. 
 
 An Act to continue the A6t, &c., [of 1846] .... 
 annoyances upon the puhlie Hoods. 
 
 An Act to continue and amend the Act, &c., [of 1844 and 
 1846] to maintain a, light Mouse, Soc, and to provide' 
 some further accommodation, (&c.) 
 
 t Expired. 
 
 i Expired. 
 
 An Act to continue the Act, &c,, [1845] .... pur- 
 poses connected with Salvage. 
 
 An Act to continue the Acts [1840 and 1845] for encourag- ) Repealed, 
 ing a general Vaccination. j 1857. 
 
 An Act to continue and amend certain Acts [1834, 1838, 
 and 1844] relating to the Public Gaols. 
 
 An Act to continue and amend the Act [1832] . . '. . 
 Suits before Justices of the Peace and Parish Bates. 
 
 An Act for raising a Revenue, (&c.) 
 
 An Act in addition to the Act [1848] relating to ifeTOAsmJ 
 Seamen, (&c.) 
 
 An Act to continue and amend the Acts, &c., [1844 and 
 1847] for improving the Police. 
 
 An Act to continue and amend the Act [1793] for the better 
 regulation of Vestries, Constables, (&c.) 
 
 An Act to declare the signification of certain expressions 
 frequently occurring in Acts of the Legislature. 
 
 An Act for settling an Annuity on George Forster Mallory. 
 
 An Act to continue and amend the Acts [1844 and 1847] 
 regulating Prison Labour. 
 
 An Act to provide for the appointment of a Treasury Cleric, 
 and for other purposes. 
 
 An Act to amend the Act, &c., [1848] for the Collectionqf 
 the Revenue. 
 
 An Act to continue and amend the Act, &c., [1847] .... 
 Establishment of Schools. 
 
 An Act to provide for the Quarterly payment of the claims 
 of certain public Creditors. 
 
 . An Act settling Salaries on the Cleri. of the Council and 
 the Cleric o/'the House oi Assembly. 
 
 An Act to continue and amend the Act, &c., [1846 .... 
 Hospital iov Insane paupers. 
 
 \ Expired. 
 
 Expired. 
 
 During his 
 life. 
 
 Expired. 
 
 Expired. 
 Expired. 
 
 Expired. 
 Expired. 
 
 An Act to continue the Act, &c., [1836] . . . Common 
 Assaults and Batteries. 
 
 An Act to continue and amend the Acts, &c., [1820 and 
 1827] for increasing the number of Clergymen, (&c.) 
 
 An Act to continue and amend the Act, Sec, [1831] to pre- ) jj^Dired 
 
 vent the destruction of Cedar Trees. ) '^ 
 
 An Act to repeal the Act, &c., [1848] for regulating Liquor 
 
 Shops and Taverns, and to substitute other regulations 
 
 therefor. 
 An Act granting an annual Sum in aid of the Support of 
 
 the Wesleyan Ministers in these Islands. 
 
 An Act for taking an Account of the Population, (&c.) }■ Expired. 
 
814 TITLES OF BERMUDA ACTS 
 
 1850. 
 
 No. 7. An Act for raising a Reoemie, (&c.) } Expired. 
 
 8. An Act to authorize the erection of a Ga/useway between 
 the Island of St. George and the Main Island of the 
 Islands of Bermuda. 
 
 9. An Act to allot certain Apartments in the Public Building 
 at Hamilton heretofore used for the Custom House, to 
 the purposes of the Public Library and Mvsevm. 
 
 10. An Act to consolidate and amend the Laws relative to Civil 
 
 Suits before Justices of the Peace. 
 
 11. An Act to require Eleetions of Members of the Assernbhj to 
 
 be held elsewhere than at the Parish Churches. 
 
 12. An Act providing Office accommodation for the Revenue 
 
 Officer of the Port of Hamilton, and for another pur- 
 pose. 
 
 1851. 
 
 No. 1. An Act to continue and amend the Act, &c., [1847] to 
 prevent the cruel and improper treatment of Cattle. 
 
 2. An Act for the suppression of Voluntary and extrajtidicial 
 Oaths and affidavits. 
 1861. 
 Session 2d, 
 No. 1. An Act further to amend the Act, &c., [1848] for the Col- 
 lection of the Reoenue. 
 
 2. An Act for raising a Revenue, (&c.) }■ Expired. 
 
 8. An Act for the further amendment of the Law, and advance- 
 ment of Justice. 
 
 4. An Act to provide for the Quarterly auditing and payment 
 
 of the claims of certain public Creditors. 
 
 5. An Act to confirm a certain Ordinance of the Mayor, &c , 
 
 of Hamilton concerning Streets, (&c.) 
 
 6. An Act to confirm a certain Ordinance of the Mayor, &c., of 
 
 Hamilton relating to Vessels and Wharfs, (&c.) 
 
 1y An Act making regulations for suppressing a,xii. preventing 
 Mres in the town of Hamilton. 
 
 8. An Act to facilitate the Draining of certain Marsh.ea in the 
 parish of Pembroke. 
 
 1852. 
 
 No. 1. An Act to continue the Act, &c., [1838] to prevent the pub- 
 lication of certain Notices in Church, (&c.) 
 
 2. An Act to continue the Acts [1831 and 1848] for imposing 
 a Tax upon Dogs. 
 
 8. An Act to continue the Acts [1836 and 1848] for establish- \ -r, ■ , 
 ing regulations for the performance of Quarantine. \ ^^P"'^''- 
 
 4. An Act to continue the Acts [1836 and 1848] providing for 
 
 the payment of Witnesses in Criminal Cases. 
 
 5. An Act to continue the Acts [1843 and 1844] for regulating ' 
 
 punishments on Tread- Wheels. 
 
 6. An Act to continue the Act [1849] settling Salaries on the ) „ . 
 
 Clerl of the Council and . . . Assembly. \ ^^Pired. 
 
 7. An Act to continue the Act, &c., [1830, 1845, and 1846]) 
 
 relative to the conviction of Offenders Transported, [ Expired. 
 
TITLES OF BERMUDA ACTS. 815 
 
 1852. 
 No. 8. An Act for raising a Revenue, (&c.) \ Expired. 
 
 9. An Act for furtlier improving the Administration of Grim- 
 inal Justice. 
 
 10. An Act to continue and amend the Acts [1846 and 1848] 
 
 for regulating the Public Ferry. 
 
 11. An Act to continue the Acts [1848 and 1849] relating to 
 
 Merchant Seamen in Bermuda Vessels. 
 
 12. An Act to amend the Act, &c., [1850] .... relative 
 
 to Ghil Suits before Justices of the Peace. 
 
 13. An Act to continue the Act, &c., [1837] to establish a Com- 
 
 pany called the Bermuda Flour and Bread Company. 
 
 14. An Act to continue the Acts, &c., [1848 and 1850] . . . . ^ 
 
 for the appointment of Officers of the Public Revenue, > Expired. 
 (&c.) - ) 
 
 15. An Act to continue and amend the Act, &c., [1850] . . . 
 
 Liquor Shops and Taverns, &c. 
 
 16. An Act to continue and amend the Acts [1848, 1849, and 
 
 1851] for the Collection of the Pevenue. 
 
 17. 
 
 An Act to continue and amend the Act, &c., [1849] for the [j, ■ , 
 appointment of a Treasury Clerk, (&c.) \ ^^P""™- 
 
 18. An Act toltepeal the Act, &c., [1832] for erecting a Public 
 
 Building in the Tovm of St. George, and also to repeal 
 in part a certain other Act, &c., [1840] to amend an Act 
 for erecting, (&c.) 
 
 19. An Act to improve the mode oi Procedure in the Court of 
 
 Chancery in certain respects. 
 
 20. An Act in addition to the Act [1846] for the regulation of an 
 
 Hospital for Insane paupers. 
 
 21. An Act to explain and amend an Act, &c., [1816] to pre- 
 
 vent the Erection of Wooden Buildings in the Towns, 
 (&c.) 
 
 22. An Act to authorize the Sale upon certain Conditions of a 
 
 lot of Land, part of the Olebe of Perribrolce Parish. 
 
 23. An Act providing an annual allowance for the Provost Mar- 
 
 shal General. 
 
 GEORGE PHILLPOTTS, Acting Governor. 
 
 1853. 
 
 No. 1. An Aat to continue and amend the Act [1827] . . . pay- 
 ment of, &c.. Jurors and Constables, (&c.) 
 
 2. An Act for raising a Revenue, (&c.) \ Expired. 
 
 3. An Act to amend the Law of Evidence. 
 
 4. An Act to prevent the improper introduction of Spirituous 
 
 and fermented Liquors into Boaz Island and Watford 
 Island. 
 
 5. An Act in furtherance of arrangements for establishing ^ p ^ j j 
 
 uniform rates of Postage between Great Britain and the >• iqkq 
 Colonies. 3 3 n 
 
 6. An Act to continue the Act, &c., [1838] .... Tenant at 
 
 Will. 
 
 103 
 
816 TITLES OF BERMUDA ACTS. 
 
 ARTHUR WILLIAM BYLES, Acting Governor. 
 
 1853. 
 
 No. 7. An Actio continue the Act, &c., [1841] for the safe Custody ) T, . , 
 of Imam persons, (&c.) \ J!/xpirea. 
 
 SOULDEN OAKELEY, Acting Govebnob. 
 
 8. An Act to continue the Act [1851] ... for suppress- > ™ . , 
 
 ing and preventing Fires in the Town of Hamilton. \ "' 
 
 9. An Act to continue the Acts [1844, 184'^ and 1849] for / j; „;_ j 
 
 improving the Police. \ ^" 
 
 10. An Act further to amend the Acts for the Collection of the 
 
 Sevemie. 
 
 11. An Act to prevent the opening of certain G'rasBes arai FaaZis ) T, . , 
 
 within a limited time. ( Jixpirea. 
 
 MONTGOMERY "WILLIAMS, Acting Governor. 
 
 1854. 
 
 No. 1. An Act to continue the Acts regulating Prison Ldbou^ \ Expired. 
 
 2. An Act to continue the Act, &o., [1831] .. . Sariours, (&c.) 
 
 3. An Act to continue the temporary Acts [1803 and 1846] re-) Repealed, 
 
 lating to Stray Cattle and Pounds. j 1859, No. 20. 
 
 4. An Act to continue and amend the Act, &c., [1847] for at- 
 
 taching the money, (&c.) 
 
 5. An Act for raising a Pevenue, (&c.) \ Expired. 
 
 6. An Act to continue and amend the Acts, &e., [1839 and 
 
 1847] relative to Larceny, &c. 
 
 8. An 
 
 9. An 
 
 An Act for settling an Annuity on Benjamin Newbold) „ . , 
 Stone. J " 
 
 Act to continue the Act [1851] to provide for the Quar- ) -p . , 
 terly auditing and payment, (&c.) j •'''^P""^'!- 
 
 Act to continue the Act, &c., [1850] in aid of the sup-) -r, ■ ■, 
 port of the Wesley an MinisUrs, (&c.) J iiixpired. 
 
 10. An Act further to amend the Act, &c., [1850] relative to 
 
 Civil Suits tefore Justices of the Peace. 
 
 11. An Act to continue the Act, &c., [1852] providing an annual ) jj, . , 
 
 allowance for the Provost Marshal General. \ Jixpireo. 
 
 12. An Act to continue and amend the Acts [1846, 1848 and) Repealed, 
 
 1853] relative to Post Offices. \ 1859. 
 
 13. An Act to prohibit the Burial of the Dead in the Church 
 
 Yard adjoining the parish Church in the Town of St. 
 
 14. An Act to aid in the support of communication by Steam) „ . , , 
 
 Boat between the towns of Hamilton and St. George. ) -tiixpired. 
 
 15. An Act to continue and amend the Acts [1843 and 1848] for 
 
 regulating the Pilotage. 
 
 16. An Act to provide a Quarantine Station in the Great Sound. 
 
 17. An Act to amend the Act [1836] to establish certain regu- 
 
 lations for the performance of Quarantine. 
 
TITLES OF BERMUDA ACTS. 817 
 
 FREEMAN MURRAY, Goveenor. 
 1854. 
 
 No. 18. An Act to aid in the encouragement of Steam Oowmurdea- "1 
 
 tion between British Guiana and New York, or some \-r, . j, 
 other eligible Port in the United States of America, by j ^'^P"'*"- 
 way of Bermuda. J 
 
 19. An Act settling an annual Salary on His Excellency Lieu- 
 teruint Colonel Freeman Murray, Governor and Com- 
 mander in Chief. 
 
 1855. 
 
 No. 1. An Act for raising a Revenue, (&c.) \ Expired. 
 
 2. An Act to continue the Act, &c., [1853] to amend the Law 
 
 of Eoidence, and for the further improvement of the 
 Law on that subject. 
 
 3. An Act to continue the Act, &c., [1863] to prevent, &c.. 
 
 Liquors into Boas Island, (&c.) 
 
 4. An Act to continue the temporary Acts [1846, 1848 and) w„„Vo/l 
 
 1852] for regulating the Public Ferry. S ^^P"^^"- 
 
 5. An Act to continue and amend the Act, &c., [1834] 
 
 Foor persons removing, (&c.) 
 
 6. An Act providing a Stipend in aid of the support of the 
 
 Minister of the Presbyterian Church in these Islands. 
 
 7. An Act in further amendment of the Act, &c., [1836] to 
 
 establish certain regulations for the performance of 
 Qiiarantine. 
 
 8. An Act to amend the Acts for encouraging a general Vac- } Repealed, 
 
 cination, (&c.) \ 1857. 
 
 9. An Act to continue the Act, &c., [1851] . . . Ordinance of the 
 
 Mayor, &c., of Hamilton relating to Vessels and Wharfs, 
 (&c.) 
 
 10. An Act to continue the Act, &c., [1851] . ..Ordinance of the 
 
 Mayor, &c., of Hamilton, concerning Streets, (&c.) 
 
 11. An Act to facilitate the Partitionoi undivided Real Estate. 
 
 12. An Act to provide a Loalc-up on Somerset Island for the 
 
 temporary confinement of persons charged with Offences. 
 
 13. An Act to enlarge Vn.Q jurisdiction of the Court of Chancery 
 
 of these Islands to a certain extent. 
 
 14. An Act to provide for a limited period Salaries for the OfB- 
 
 cers of the Public Revenue. 
 1856. 
 No. 1. An Act for raising a Revenue, &c. \ Expired. 
 
 2. An Act for enabling persons indicted of Felony to make 
 their Defence ly Counsel or Attorney. 
 
 1857. 
 
 No. 1. An Act to amend the practice and mode of Pleading and 
 procedure in the Court of General Assize. 
 
 2. An Act to continue an Act, &c., [1850 and 1852] regulating 
 Liquor Shops, (&c.) 
 
 8. An Act to continue an Act, &c., for settling Salaries on the 
 ClerJc of the Council and oi Assembly. 
 
 4. An Act to continue indefinitely an Act, &c., [1852] to im- 
 prove the mode of procedure in the Court of Chancery, 
 (&c.) 
 
818 TITLES OF BERMUDA ACTS. 
 
 1857. 
 
 No. 5. An Act to amend and continue indefinitely an Act, &c., 
 [1836, 1838, 1845, 1848 and 1852] for improving the ad- 
 ministration of Criminal Justice, (&c.) 
 
 6. An Act to prevent the Burial of the Bead within the limits 
 
 of the Township of Hamilton. 
 
 7. An Act to r^eal certain Acts of the Legislature which have 
 
 fallen into disuse. 
 
 8. An Act to continue certain Acts [1844, 1846, 1858 and 
 
 1855] for improving and amending i\ieli&w oi Evidence. 
 
 9. An Act to continue [indefinitely] the Act [1851] for the 
 
 suppression of voluntary and extra judicial Oaths and 
 affidavits. 
 
 10. An Act to amend and continue an Act, &c., [1848 and 1850] 
 
 to provide for the appointment of the Officers of the Pub- 
 lic Revenue, (&c.) 
 
 11. An Act to amend the Laws in force in these Islands relat- 
 
 ing to Aliens. 
 
 12. An Act to continue an Act, &c., [1849].. .for the appoint- 
 
 ment of a Treasury Cleric, (&c.) 
 
 13. An Act to continue the Acts, &c., [1838 and 1844] relative 
 
 to Offences against the Person. 
 
 14. An Act to continue the Act, &c., [1845 and 1848] to facili- 
 
 tate summary proceedings before Justices, (&c.) 
 
 15. An Act to continue the Act [1848, 1849, 1851, 1852 and 
 
 1853] for the Collection of the Pevenue, and certain other 
 Acts, (&c.) 
 
 16. An Act to continue indefinitely the Act [1846] for prevent- 4 
 
 ing injuries or annoyances upon the Public Poods. 
 
 17. An Act to continue indefinitely the Act [1846] to prevent 
 
 persons engaged in the Ciml Departments, &c., quitting 
 their employment, (&c.) 
 
 18. An Act to continue the Act [1834, 1841 and 1848] relating 
 
 to Apprentices, and certain other Acts, (<fec.) 
 
 19. An Act to continue the Acts [1844, 1847 and 1849] for im- 
 
 proving the Police. 
 
 20. An Act to continue the Act [1851] to facilitate the Drain- 
 
 age, &c. 
 
 21. An Act to continue the Act [1844, 1846 and 1848] to main- 
 
 tain a Light House, (&c.) 
 
 22. An Act providing an annual allowance for the Prothonotary 
 
 of the Court of General Assize in commutation of Pee.s 
 heretofore paid out of the PubUc Treasury. 
 
 23. An Act further to amend an Act, &c., [1843] of the Pilotage. 
 
 24. An Act to continue an Act, &c., [1827]. ..ascertaining the 
 
 rate of Interest of money, (&c.) 
 
 25. An Act to consolidate and amend the Acts for encouraging 
 
 a General Vaccination of the inhabitants of these Isl- 
 ands. 
 
 26. An Act for the payment of Costs in proceedings instituted 
 
 on behalf of the Crown in matters relating to the 
 Revenue. 
 
 27. An Act for raising a Pevenue, (&c.) J- Expired. 
 es. An Act in addition to the Acts relating to Post Offices. \ ^^^^' 
 
TITLES OF BERMUDA ACTS. 819 
 
 1857. 
 
 No. 29. An Act to amend the Law respecting defamatory Words 
 and Libels. ' 
 
 30. An Act further to amend the Act, &c.,' [1836] . . .of Qua/ran- 
 
 tine. 
 
 31. An Act to provide remuneration from the Public Treasury 
 
 of these Islands for the discharge of certain additional 
 duties imposed on certain Officers of the Bevemie, (&c.) 
 
 1858. 
 
 No. 1. An Act to continue the Acts, &c., [1836, 1848, 1854, 1855 
 and 1857] for the performance of Quiwantme, (&c.) 
 
 2. An Act to continue the Act [1834, 1838, 1844 and 1849] 
 
 for the regulation of the Public Gaols, (&c.) 
 
 3. An Act for raising a Eevenue, (&c.) }. Expired. 
 
 4. An Act to continue and amend the Act, <kc., [1841] for the 
 
 safe custody of Insane persons, (&c.) 
 
 5. An Act to continue and amend the Act [1846, 1849, and 
 
 1852] for the regulation of an Hospital for Insane 
 paupers, (&c.) 
 
 6. An Act to amend and continue the Acts [1844 and 1847] 
 
 regulating Prison Labour. 
 
 7. An Act to continue [indefinitely] the Act [1836] for the sum- 
 
 mary punishment of Common Assaults amd Batteries. 
 
 8. An Act to continue and amend the Ac^ [1793] for the better 
 
 regulation of Vestries, ConstcMes, 'and Churchmar&ms, 
 (&c.) 
 
 9. An Act to amend the Law relating to the Election of Mem- 
 
 bers to serve in the General Assembly. 
 
 10. An Act to continue and amend the Act [1852] providing an 
 
 annual allowance for the Frowst Marshal General. 
 
 11. An Act to continue and amend the Act, &c., {1830, 1845, 
 
 and 1846] relative to the conviction of Offenders trans- 
 ported to these Islands, (&c.) 
 
 12. An Act to render transported Convicts liable to additional 
 
 ■ terms oi penal servitude at the Convict Establishments at 
 these Islands, (&c.) 
 
 13. An Act further to amend the Acts relating to Post- i Repealed, 
 
 Offices. S 1859. 
 
 14. An Act regulating the Weight and Sale of Bread. 
 
 15. An Act to amend the Act, &c., [1827] providing an allow- ) 
 
 ance for the maintenance of persons imprisoned for > Expired. 
 Debt. ) 
 
 16. 
 
 An Act to aid in the Establishment and to provide for the > ri-n;.. j 
 inspection of PubUc Schools. \ iixpirea. 
 
 17. An Act to amend an Act, &c., [1857] .... to main- 
 tain a Light House, (&c.) 
 
 1859. 
 
 No. 1. An Act to continue [indefinitely] the Act, &c., [1856] for 
 
 enabling persons indicted of felony to make their De' 
 
 fence by Counsel or Attorney. 
 
 2. An Act to continue the Act, &c., [1851] for the qua/rterly 
 
 auditing and payment of the claims of certain Public 
 Creditors. 
 
 3. An Act to amend and continue the Acts for encouraging a 
 
 general Vaccination. 
 
820 TITLES OF BERMUDA ACTS. 
 
 1859. 
 
 No. 4. An Act to continue and amend the Act, &c., [1831] to pre- 
 vent the destruction of Ceda/r Trees. 
 
 B. An Act to continue the Act, &c., [1851] for suppressing 
 and preventing Fires in the Town of Hamilton, 
 
 ANDREW T. HEMPHILL, Acting Governor. 
 
 6. An Act to amend the Act, &c., [1832] to authorize Special 
 
 Sessions of the Court of General Assize. 
 
 7. An Act for raising a Hevenue, (&c.) }• Expired. 
 
 8. An Act to continue the Act, &c., [1858} regulating the 
 
 Weight and Sale of Bread. 
 
 9. An Act to repeal certain enactments of the Legislature of 
 
 these Islands. 
 
 10. An Act further to continue the Acts relating to the Ferry. 
 
 11. An Act to amend the Law relating to the examinations of 
 
 Witnesses unde/r Commissions and Orders of the Courts 
 and Judges of these Islands. 
 
 12. An Act to amend the Act [1847] for attaching the money. 
 
 Goods, Chattels, and Debts of absent Debtors. 
 
 13. An Act to continue the Act, &o., [1845] to ascertain the 
 
 extent of the jurisdiction of Justices of the Peace in 
 cases of Salvage, (&c.) 
 
 14. An Act to continue the Act, &c., [1857] providing an annual 
 
 allowance/or fhe Protlionotary, (&c.) 
 
 15. An Act to continue and amend the Acts relating to Post- 
 
 Offices. 
 
 16. An Act to continue an Act [1855] providing a Stipend in 
 
 aid of the support of the Minister nf the Presbyterian 
 Church of these Islands. 
 
 17. An Act to repeal two Acts [1783 and 1784] relating to the 
 
 Public Ferry. 
 
 18. An Act to authorize an increase of the Salary of the Keeper 
 
 of the Oaol at the town of St. George. 
 
 19. An Act to continue the Act, &c., [1856] granting an annual 
 
 sum in aid of the support of the Wesley an Ministers in 
 these Islands. 
 
 20. An Act to consolidate the Laws relating to Pounds and 
 
 Si/ray Cattle and Poultry. 
 
 21. An Act to provide for the appointment of an Assistant Co- 
 
 lonial Secretary. 
 
 22. An Act to provide a further annual allowance to tlie Police 
 
 Magistrates of the towns of Hamilton and St. George. 
 
 FREEMAN MURRAY, Governor. 
 
 1860. 
 
 No. 1. An Act to amend and continue indefinitely the Act, &c., 
 
 [1847] to prevent the cruel and improper treatment of 
 
 Cattle. 
 
 2. An Act for raising a Revenue, (&c.) 
 
 8. An Act to continue and amend the Acts relating to the 
 Pilotage. 
 
TITLES OF BERMUDA ACTS. 821 
 
 1860. 
 
 No. 4. An Act to explain and amend the Act, &c., [1859] to con- 
 solidate the Laws relating to Pounds, 8trm/ Cattle, and. 
 Poultry. 
 
 6. An Act in furtherance of a Compilation of the Laws. 
 
 6. An Act for taking sC Census of these Islands. 
 
 7. An Act providing for the appointment and support of a 
 
 Public OfiScer to have responsible charge of the Public 
 WorTcs and Buildings in this Colony. 
 
 8. An Act to continue the Act [1830] relating to Larceny, &c., 
 
 [with amendments.] 
 
 9. An Act to amend and continue the Act providing Salaries 
 
 for the Officers of the Public Pevenue. 
 
 10. An Act to continue the Act [1848] for the Collection of the 
 
 Bevenue and certain other Acts in amendment thereof. 
 
 11. An Act to amend and consolidate the Acts providing for 
 
 the appointment of the Officers of the Public Pevemie, 
 and for other purposes. 
 
 12. An Act to amend and continue the Act, &c., [1857] to pro- 
 
 vide remuneration from the Public Treasury of these 
 Islands for the discharge. of certain additional duties 
 imposed on certain Officers of the Revenue and for other 
 purposes connected with such Duties. 
 
 13. An Act to authorize an increase to the Salaries respectively 
 
 of the Keeper of the Qaol in the town of Hamilton, and 
 the Head Police Constable of the town of St. George. 
 
 14. An Act provide for the establishment of a Mail between 
 
 these Islands and the United Kingdom by way of New 
 York. . 
 
ERRATA ET ADDENDA. 
 
 [The Compiler is desirous of remarking that many of the errata mentioned below, are not attributable 
 to any negligence at New York ; but arose from a scrupulous desire to comply with his wishes in 
 following closely the Copy sent from Bermuda, and from some verbal inaccuracies in the Copy 
 having escaped observation, until after the text was printed.] 
 
 Page 1, line 23, for " henceforth and forever," read " hence- 
 forth forever." 
 4, line 2, for "unlawful new," read "unlawful and 
 
 new." 
 " line 88, for " to their," read " unto their." 
 6, line 27, for " up any," read " any up." 
 
 8, line 29, for " labourors," read " labourers." 
 
 9, line 4, for " an," read " and." 
 
 " line 6, for "Intestate," read "Intestates." 
 
 11, line 16, for " muskets," read " musquets." 
 
 12, line 80, for " the prevention," read " prevention." 
 
 24, line 20, for " Defendants," read " Descendants." 
 
 25, after last line insert " [See temporary Acts of 1820, 
 
 182T, and 1850.] " 
 
 26, line 1, for " of the Interest," read "of Interest," 
 " line 5, for " in," read " on." 
 
 " line 48, for "the support," read "the better sup- 
 port." 
 
 27, line 17, for " when," read " where." 
 
 41, line 19, after " expedient," insert inverted com- 
 mas, and dele the inverted commas on that and 
 the next line. 
 43, insert parentheses before the word " other," on 
 line 11, and after the word " servants," on line 12. 
 47, line 8, for "joint-tenant and," read "joint-tenant 
 
 or." 
 49, line 33, for "otherways," read "otherwise." 
 " line43, for^prosecution," read "prosecuting." 
 54, after line Bf insert " [Section IV. is repealed by 
 
 temporarylct of 1834, No. 5, § 26.] " 
 56, line 61, for "And provided," read "Also provided," 
 59, line 4, for " mentioned." read " nominated." 
 
 " commissioned," read " commission- 
 
 line 6, for 
 ated." 
 
 60, line 87, for 
 
 61, line 28, for 
 
 62, Une 15, for 
 62, line 43, for 
 
 " difficulties," read " the difficulties." 
 "not," read "no." 
 " assessments," read " assessment." 
 ' to recovery," read " the recovery." 
 
 64, line 5, for " parcels," read " small parcels." 
 
 65, line 9, for "wherein," read "whereon," 
 
 75, line 12, for " debt or bond," read " debt on bond." 
 " line 37, for " majority," read " a majority." 
 80, line 12, for " benefit," read " benefit to." 
 88, line 22, for "the Town," read "the said Town." 
 84, line 26, for " and means," read " or means." 
 " line 43, for "to," read "as to." 
 
 86, line 7, dele the numerals "IX.," and insert them at 
 
 the commencement of the section on page 85. 
 " line 51, for "An," read "An Act." 
 
 87, line 18, for " Island," read " Islands." 
 " line 28, for "power," read "powers." 
 
 " line 37 and line 46, for "precints," read "pre- 
 cincts." 
 " line 41, for "the," read "this." 
 
 88, line 5, for " in same," read "in the same." 
 91, line IQ, for "precipiece," read "precipice." 
 97, line 26, for " expenses," read " expense." 
 
 99, Une 35, after "aforesaid," insert "from the said 
 
 Committee for the pui^poses aforesaid." 
 loo, line 7, for "leads," read "tends." 
 " line 15, for " from," read "from the." 
 " line 29, for " any," read " every." 
 104, line 80, after " amendments " insert inverted com- 
 mas. 
 306, line 30, for "roads," read "road." 
 " line 41, for "Governor and," read " Governor or." 
 
 104 
 
 Pagel07, line 2, for "purpose," read "purposes." 
 " line 20, for " when," read " where." 
 " line 26, for "case," read "cases." 
 108, Une 2, for "case," read "cases," and for "pur- 
 pose," read "purposes." 
 '• lines 13 and 14, d«le "to the Commissioners," and 
 insert the same words after "required." 
 110, line 4, for " Act constituting," read " Act for con- 
 stituting." 
 112, in last marginal note, for " Error," read " Errors." 
 114, in marginal note to section XX., for " Courts," read 
 
 " Court." 
 117, in first marginal note, for "summons," read "sum- 
 mon." 
 
 119, line 19, for " of certain," read " certain." 
 " Une 28, for " expenses," read " expense." 
 
 120, line 27, for " at law," read " a law." 
 
 121, line 12, for "advisible," read "advisable." 
 123, line 18, for "persons," read "persons as." 
 125, in first mar^nal note, for "1818," read "1814." 
 129, Une 1, for "purpose," read "purposes." 
 
 " line 45, for " or wooden," read " or other wooden." 
 182, line 46, for " time," read " term." 
 187, Une 35, for " purposes," read " purpose." 
 
 " line 37, for "30," read "'81." 
 138, line 33, for "Island," read "Islands," 
 140, line 15, for "is, and," read "is, are, and." 
 145*line29. for "taxation," read "taxation of." 
 148, immediately before the words " To the Justices of 
 the Peace," Ac, insert : 
 
 "To the Presiding Justices of the Pbaob for 
 the time being in the Court of Quartbr 
 Sessions. 
 
 "For every Indictment preferred, which is 
 confessed or not traversed, ten shillings. 
 
 " For every Indictment traversed, or contested, 
 fifteen shillings. 
 
 " For every Bubpcena for a witness, four shil- 
 
 " For every witness examined, one shilling and 
 eight pence. 
 
 " For every Recognizance entered into before 
 the Court, three shillings and four pence. 
 
 " For every Verdict recorded, two sbillings. 
 
 " For every Wan-ant, or Mittimus, three shil- 
 lings and four pence. 
 
 " To the Cleek for the time being of the Coukt 
 OF Quarter Sessions. 
 
 "For reading an Indictment, three shillings 
 and four pence. 
 
 " For every witness sworn in a Cause, one shil- 
 ling and eight pence. 
 
 " On every Eecognizance entered into before 
 the Court, two shillings and eight pence. 
 
 "For recording a Yerdict, one shilling and 
 eight pence. 
 
 "For every day's attendance on the Quarter 
 Sessions, while sitting, to be paid for by the 
 Public, at twenty shillings per day. 
 
 " For copies of any proceedings or other papers 
 
 framed, at the rate of one shilling for every 
 ondred words; and when figures occur, 
 five are to be considered equal to a word." 
 
 'Tj the 
 Court of 
 Qjarter 
 
 "Toth« 
 Clerk. 
 
824 
 
 ERRATA ET ADDENDA. 
 
 Page 149, line 1, for *' Warrant of," read " Warrant or." 
 " line 21, for " sacli of," read " each of." 
 151, line 18, for " merits on," read " merits of." 
 " line 30, for " rolling," read " inrolling " 
 " line 85, for "inroUement," read "inrollment" 
 154, line 51, for " Town," read " Towns." 
 166, line 11, for "suggested on," read " saggested 
 
 npon." 
 179, line 15, for " expose to," read " expose for." 
 ly9, line'l, for * perty," read " party," 
 " line 6, and also in marginar note, for '■'■tra/rit or 
 plene admvmistrarit^^ read " travit or plena 
 
 190, 
 
 198, 
 
 200, 
 
 206, 
 207, 
 
 213, 
 226, 
 228, 
 
 231, 
 232, 
 
 line 12, for "owner, possessor," read "owner or 
 
 possessor." 
 line 19, for " rates or," read " rates and." 
 line 48, for " or in any," read " or any." 
 line 2, for " Judgments of," read "Judgments in." 
 line 13, for " pnruhaser," read " purcnasere." 
 line 7, for " persons," read "person." 
 line 34, for qualifications," read "qualification," 
 line 21, for " upon and from," read '• upon, from." 
 line 22, for " by the free," read " by free." 
 line 25, for "all pains," read " all the pains." 
 line 24, for " handicraftsmen," read "handicrafts- 
 man." 
 line 45, for "by a," read " by." 
 line 25, for "is hereby," read "hereby is." 
 line 4, dele "last," 
 line 21, for "have become," read "have thereby 
 
 become." 
 
 line 39, for 
 
 become.' 
 
 line 41, for 
 
 'of their becoming," read "they may 
 
 234, 
 
 235, 
 
 236, 
 237, 
 
 240, 
 253, 
 
 271, 
 273, 
 
 286, 
 296, 
 
 misdemeanors," read " misdemean- 
 ors or felonies," and after the word " vagrant," 
 insert a colon. 
 
 line 8^, for '* use of,'* read " use of any of," 
 
 line 35, for " or fermented," read' " or other fer- 
 mented." 
 I, line 26, for "necessary," read "requisite." 
 
 line 89, for " part," read "parts," 
 
 line 42, for " admission," read "for the admission." 
 
 last line, for " of Peace," read " of the Peace." 
 
 line 36, for "such Gaol," read "each Gaol," 
 
 line 27, for " But," read " But that." 
 
 line 32, for "representation to," read "represeDt- 
 ation from." 
 
 line 23, after "bring," insert "or attempt or en- 
 deavor to carry or bring." 
 
 line 11, for " of such," read " of any such." 
 
 line 87, for "in such,", read "in each." 
 
 line 42, for " prisoners," read "p«rson8." • 
 
 last line, for " misnomer," read " a misnomer." 
 
 line 8, dele " to." 
 
 line 7, dele " to." 
 
 line 19, for " close," read " close and." 
 
 line 12, for " their," read " there." 
 
 Une28,for "from adjudication," read '"from any 
 adjudication." 
 
 line 1, for "at the common," read "in the com- 
 mon." 
 
 line 19, for "case of such," read "such case of." 
 ' and other," read " one other." 
 sale, contract," read "sale or con- 
 
 line 40, for 
 line 8, for 
 
 tract." 
 line 84, for 
 
 articles," read " articles bo seized." 
 line 44^ after " may," insert " with consent of the 
 Provost Marshal or a Visiting Justice." 
 297, line 33, for " Prisoners," read " Prisoner." 
 " line 42, for " such occasion," read " that occasion." 
 293, line 29, for " the section," read " that section." 
 308, line 10, for " 7 July," read " 27 July." 
 304, line 1, after "Trustees," insert "and that such 
 standing Trustees." 
 " line 23, for " supplied," read "supplies." 
 805, line 6, for '• or extortion," read " or of extortion," 
 
 306, line 28, after " person," insert " or shall rob any 
 
 person." 
 
 307, line 43, for " at," read " flfter," 
 
 " line 46, for " break into," read " break and enter." 
 
 308, line 16, dele " crime," and insert " oifence." 
 
 '■ line 17, for "of the evening," read "in Ihe even- 
 ing." 
 " line 18, for "on," read "in." 
 '■ line 40, for "shall therein s'eal," read "steal 
 therein." 
 
 shall steal," read " steal." 
 
 any parchment," read " an}' paper 
 
 810, 
 311, 
 
 line 46, for 
 line 26, for 
 
 or parchment, 
 line 28, for "break, root up," read "break, bark. 
 
 or root up." 
 
 Page 811, 
 312, 
 
 813, 
 
 314, 
 
 815, 
 
 316, 
 
 817, 
 
 81«, 
 319, 
 
 Hoe 88, after " damage," insert " or unlawfully or 
 maliciously shall cut, break, bark, root up, or 
 otherwise destroy or damage." 
 line 4, for " of the injpry," read " of iDinry," 
 lino 16, for "or maliciously," read ''^and mali- 
 
 clouflly." 
 line 8, for " and," read " or." 
 line 6, after "destroy," insert "or begin to de- 
 molish, pull down, or destioy," 
 line 10, after "branch thereof;" insert "every 
 such offender shall be guilty of felony, and be- 
 ing convicted thereof" 
 line 14, for "such sentence," read "sentence," 
 line 11, for "in case," read "in the caae." 
 line 14, for "after the time," read "from the 
 iime." 
 line 15, for "embezzlement," rpad "embezzle- 
 ments," 
 line 16, afer "enacted," insert "that" 
 line 15, for " to felony," read "tea felony." 
 
 " as accessory," read " as an acces- 
 
 "in nr with," read '''on or with." 
 "applications," read "aijplication," 
 '' a Justice," read " any Justice." 
 ' offences," read " ofifender*^." 
 ■' when the sum," read " where the 
 
 'when the amount," read "where the 
 
 line 18. for 
 
 sory." 
 line 22, for ' 
 line 18, for ' 
 line 27, for ' 
 line 86, for ' 
 line 42, for ' 
 sum." 
 " line 51, for ' 
 amount," 
 320, line 20, for " imprisoned," read " convicted of any 
 offence punishable upon summary conviction." 
 " line 22, for " the costs," read " costs." 
 " line 27, for "proceedings," read "proceedings 
 for." 
 
 821, line 2, dele " [or to be imprisoned in the T" 
 
 822, line 32, for " recovery," read " remedy." 
 
 323, line 11, for " by Indictment," read " upon Indict- 
 ment." 
 " line 42, for " tried or," read " tried and." 
 329, line 6, for " such cases," read " ca?es." 
 312, at the end of the note at foot, add " and also re- 
 pealing the Act of 1882, No. 11." 
 349, line 15, rer " and," read " or." 
 357, in marginal note to Section 2, for "Treasury," 
 
 read "Treasurer." 
 353, line 40, for "Pilot," read "Pilote." 
 378, in marginal note, for "lor," read " of." 
 836, in marginal note to Section VI., for " or Assist- 
 ant," read "and Assistant." 
 " to marginal note to Section VII., add " (See Act 
 
 of 1860, No. 18.)" 
 890, line 6, for "obscure," read "ol^pne." 
 395, line 3, for "in case of any," ^d "in any case 
 of an." 
 
 alter," insert "or affect." 
 issed," read " passed by," 
 imprisoned," insert " or to be im- 
 
 406, line 23, after ' 
 412, line 25, for "p 
 
 414, line 35, after ' 
 
 prisoned." 
 
 415, line 1, for "material," read "materials." 
 
 419, line 2, for "the next," read "the then next" 
 " line 28, after " 76," insert " Section 19." 
 
 " line 42, for " such," read " any such." 
 
 420, line 1 9, for " or any," read " in any." 
 
 " line 20, for " any Law," read " any other Law." 
 422, line 17, for "II." at the commencement of the 
 
 Section, read " III." 
 424, in marginal note, for " passing," read " meeting." 
 
 " line 81, for " danger of," read " danger or." 
 429, line 21, for " Ma^r o^" read " Master for," 
 " line 24, for " and Ireland," read " and at Ireland." 
 4-Sl, line 7, for, " carrying," read "carriage." 
 " line 49, for " offices at," read " offices in." 
 436, line 13, for "the contoactor," read "any con- 
 tractor," 
 489, line 19, for " Constables," read " Constable." 
 " line 21, for " first," read " first day." 
 
 line 6, for " required," read "hereby required." 
 line 45, for *" a quarter," read " any quarter." 
 
 441, 
 
 443,1 , ._ , 
 
 445, line 4, for " confinement," read " confinement, (if 
 
 456, 
 
 460, 
 461, 
 
 any.)" 
 
 line 29, for "subject to the," read "subject to." 
 
 line 81, for "such purchaser," read "such a pur- 
 chaser." 
 
 in the margin of the heading of the Form of 
 Writ, insert "(L.8.)" 
 
 line 17, for "any Garnishee," read "any such 
 Garnishee." 
 
 line 18, for "in Judgments," read "on Judg- 
 ments." 
 
 line 16, for " Chief or," read " Chief Justice or." 
 
ERRATA ET ADDENDA. 
 
 825 
 
 Page 463, line 28, for " dispenoe," read " dispense." 
 
 466, line 87, for " said Defendants," read " said De- 
 fendant or Defendants." 
 468, line 82, for "Northerly," read " Northerly to." 
 " line 89, for " in a," read " in any." 
 
 line 42, for " this Act," read " ihe said Act." 
 line 21, for " proceeding," read " precedine." 
 between lines 48 and 44, insert " Deputy of the 
 Public Treasurer and the residue, or sum of 
 sixty pounds, is now paid to the." 
 line 22, for "under the age," read "under age." 
 line 42, for " office," read "oflBcer." 
 line 82, for " procure," read " preserve." 
 line 18, for " tbe marriages," read " marriages." 
 line 26, for " Cost," read " Costs." 
 line SO, for "Act of," read "Act relating to. 
 "proof shall, 
 
 4T0, 
 472, 
 
 481, 
 482, 
 487, 
 488, 
 
 606, 
 
 5li 
 
 52j 
 
 588; 
 
 540, 
 
 650, 
 
 564, 
 
 666, 
 
 667, 
 
 line 4S, for 
 
 shall." 
 
 , line 83, for ' 
 
 lino 87, for 
 
 ' read " proof thereof 
 
 ppriods," read " period." 
 witness," read " witnesses." 
 line 43, for " seamen," read " seaman." 
 in marginal note, for " 1831," read " 1841 " 
 in date of Act, for "29 July," read "26 July." 
 line 28, for "shall be," read "it shall be." 
 line 88, for " articles," read " article." 
 line 22, for " month," read " months." 
 
 Page 568, 
 671, 
 572, 
 
 624, 
 
 625, 
 634, 
 
 646, 
 049, 
 655, 
 662, 
 
 674, 
 694, 
 709, 
 722, 
 725, 
 728, 
 
 734, 
 
 line 29, for 
 line 28, for 
 line 48, for 
 line 27, for 
 line 17, for 
 line 46, for 
 line 19, for 
 
 ■ a watchman." read " of a watchman." 
 and," read '' but," 
 uped," read " usual." 
 ■there," read " then." 
 ■the time," read " time." 
 forced," read " enforced." 
 ...x.^ ^,., 4... that that," read "that." 
 line 12, for "1836, 1855, and 1857," read "1886, 
 
 1843, 1855, and 1857." 
 line 22, for " or an^," read " or In any." 
 line 5, for "as equivalent," read "as an equiva- 
 lent." 
 line 46, for "theiury," read "a Jury." 
 line 42, for " setting," read " settling." 
 line 4, for "80," read "20." 
 in foot note, for "1886, 1848, 1855," read "1336, 
 
 1843, 1854, 1855." 
 line 16, for "obligations," rend "obligation." 
 line 25, for " and exposed," read " or exposed." 
 lino 8, dole "of." 
 
 line 18, for " shall shall," read "shall." 
 line 48, for " method of," read " metbod for." 
 line 7, lor "of the Port," read "at the Port." 
 line 9, for " or relaxation," read "and relaxation." 
 line 41, for "it shull," read "that it shall," 
 at foot, add " [confirmed by the Queen, Procla- 
 mation thereof, dated 11 June 1861.} 
 
f 
 
 <*• 
 
 ^