maintain or keep a Ferry or Raft over the same Rivers for the space or term of Fourteen Years from and after the making hereof under the Penalty of Five Hundred Pounds Currant Money of this Island the one half to be for the Use of our Soveraign Lord the King for and towards the Support of the Government of this Island and the Contingent Charges thereof the other half for the Use of the said William Parker his Heirs or Assigns to be Recovered by Action of Debt Bill Plaint or Information in His Majesties Supream Court of Judicature within this His Majesties Island wherein no Protection Essoign Injunction or Wager of Law shall be allowed An ACT Impowering the Church-Wardens of St. Catherines to receive Twelve pence per Tun for all Goods made up in Cask that are landed on or shipped from the Bridg at Passage Fort for maintaining and repairing the same WHereas it is evident that the making and repairing the Bridg at Passage Fort hath been very chargeble to the Parish of St. Catherines considering the said Bridge is for the publick Use of several Parishes in respect whereof some care ought to be taken for easing the said Parish of the great Charge they are at in maintaining the same and that the several Persons that make use of the said Bridge should proportionably pay towards the doing of it Be it therefore Enacted by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same That from and after the making hereof all Goods whatsoever made up in Cask and that are landed either upon or shipped from the said Bridg shall pay Twelve pence per Tun and so proportionably for a greater or lesser quantity And it is Enacted by the Authority aforesaid That the Church-Wardens of St. Catherines for the time being shall take care that the Bridg be kept in sufficient Repair and in case of their Neglect therein that then the aforesaid Church-Wardens shall forfeit respectively Ten pounds one half thereof to the Informer and the other half to the Poor of the said Parish to be recovered by Bill Plaint or Information in any Court of Record within this Island wherein no Essoin Protection or Wager of Law shall be allowed And it is further Enacted and declared by the Authority aforesaid That the Church-Wardens of the said Parish of St. Catherines are hereby Empowered to Appoint such Person or Persons as they shall think fit for collecting the aforesaid Duty and to employ the same to the use and behoof of the aforesaid Parish and if any Person or Persons shall refuse to pay the aforesaid Duty it shall be lawful for such Collector as shall be appointed by the Church-Wardens aforesaid to detain or keep in his possession the Goods of the Person or Persons so refusing until he or they shall have satisfied the same as it is before expressed any Law Custom or Usage to the contrary notwithstanding An ACT For Confirmation of Pious Charitable and publick Gifts and Grants TO the Intent that Pious Charitable and publick Gifts and Grants so necessary in new Colony's to be encouraged and made Good may not be defeated but may take Effect according to the True Intent and Meaning of the Donor or Donors Devisor or Devisors notwithstanding any Incapacity in the Grantee or Devisee or those to whose Use the same is granted or devised Be it therefore Enacted and Ordained by the Governors Council and assembly and it is hereby Enacted and Ordained by the Authority of the same that for and during the Term and time of Twenty years next ensuing all Gifts Grants Conveyances and Devices of any Houses Lands Tenements Rents Goods or Chattels to any Good Pious Charitable or Publick use or uses as for the maintenance of Lawful Ministers erecting or maintaining of Churches Chappels Schools Universities Colledges or other places for Education of Youth or maintenance of men of Learning or any Alms-houses or Hospitals or any other uses whatsoever heretofore made and hereafter to be made within the time aforesaid be and are hereby for ever confirmed and made good according to the true intent and meaning of the Donor or Donors Grantor or Grantors Devisor or Devisors the Statute of Mortmain or any other Statute Law Custom or Usage to the contrary notwithstanding Provided nevertheless and it is hereby enacted and Ordained that no Gifts Grants or Devise to any Person or persons whatsoever for any superstitious use or for maintenance of any Minister or Teacher whatsoever other then such as are lawfully Ordained and allowed of by the Church of England be hereby confirmed and made good any thing herein or in any other Act seeming to the contrary in any wise notwithstanding An ACT Declaring it High Treason to counterfeit His Majesties Broad Seal of this Island FOrasmuch as by the Laws of this Island no due and condign Punishment hath been heretofore provided for such as shall falsify forge or counterseit his Majestys Broad Seal of this Island by reason whereof diverse evil disposed persons may be emboldened to perpetrate and commit the said Offence to the dishonour of his Majesty and the disinheriting of many of his Majestys good Subjects for prevention whereof Be it Enacted and Ordained by the Governor Council and assembly and it is hereby Enacted and Ordained by the Authority of the same that whosoever shall at any time hereaster Falsify Forge or Counterfeit his Majesties Broad Seal of this Island that every such offence shall be deemed and Judged High Treason and the offender or offenders therein their Councellers Ayders Abetters or Concealors being legally convicted thereof by the Oaths of two lawful and credible Witnesses upon Trial or otherwise then every such person and persons so offending as aforesaid shall be deem'd declared and adjudged to be Traytors and shall suffer and have such Pains Penalties and Forfeitures as in like Cases is Ordained by the Laws and Statutes of his Majesties Kingdom of England An ACT For Clearing of Rio Cobre above and below Caymana's Whereas the River called Rio Cobre or the Town River that passeth by St. Jago De La Vega is for several Miles together about the Caymana's stopt up and hath wholly lost its old Channel by means of the extraordinary Floods and by the abundance of Trees and great quantitys of rubbish that hath been fallen above the said River and upon other small Rivers and Gullies that fall into the same whereby several Plantations above and below the stop are upon small Floods totally overflown and the stop by the means aforesaid daily encreaseth so that it is evident that in a short time if no Remedy be applyed all the settlements and Sugar-works thereabouts will be altogether lost and what is good Manurable Land now will be turned into mere Bog and Morass unfit to raise Cattle in or convert to any other use which will not only be a very great loss to to this Island in General but an utter ruin to the
thither who may prove the same vivâ voce which being recorded there is good though the witnesses die or return whereas Persons usually send procurations under Corporation seals which are not there admitted for that better proofs may be easily had as aforesaid But such cannot always be found for Debt In such case the Law there is so favourable to admit depositions attested under the seal of the City of London or other Corporations but then the Plaintiff would do well to give due credit on Oath for what he hath received or else the Defendant may have just occasion with security to delay him by Injunction till he answer his Bill in Chancery Or if the Debt accrews by Specialtie the Original bond it self must go over it being unreasonable to recover against any man on a Copy yet the Bond it self lie out against him nor can indorsments nor truth so well appear unless produced in Court If any Bill of exchange be drawn from Jamaica which will not be paid here one of the original Bills must go back doubly protested as well for non acceptance as for non payment and in mistaking these or such like measures grounded upon Law and Reason many have been baffled or delayed and then causlesly reflect on the Justice of the Island This is what occurs at present about our Temporal Laws I may also add that the People are generally of the Church of England and I am confident in no part of the Kings Dominions hath his Majesty more truly Loyal Subjects for the number of its Inhabitants than are in Jamaica We have very few Papists or Sectaries for neither Jesuits or Nonconformist Parsons do or can live among us some few have attempted but never could gain Proselytes enough to afford them sustenance though all except Papists may freely exercise what Religion they please without disturbance But for able orthodox Divines there is so great encouragement that it 's to be admired so many can content themselves with such mean or no Benefices in England when they may so comfortably subsist in Jamaica for that they are certainly provided for by an Act intituled For Maintenance of Ministers which see in this Book Folio 124. Besides which allowances in most Parishes the Contingencies by voluntary presents for Christenings Marriages Buryings and otherwise with Houses taking Boarders Schooling c. make considerable additions So that they may live comfortably and lay up Victuals being as plentiful and of the same sorts for Butchers meat tame and wild Fowl Fish Bread c. with more variety as in England with this difference that we have green Peas Beans Cherries Asparagus Musk and water Mellons Pines Grapes Oranges Pomgranats Citrons Lemons and hundreds of several other sorts of Fruits in season all the year long But some are apt to object the hazard of the Voyage and unhealthiness of the place as to the first It 's as safe going to Jamaica as to go in a Wherry on the River Thames where more Boats are cast away in proportion than Ships going for that Island for we soon come into a trade Wind and presently sail before it almost constantly blowing from East to West that is from England to Jamaica It being rarely known that any Vessels miscarry going thither And this is evident enough if we consider the common rate of Ensurers at two per cent who are men of foresight and experience never proposing less then doubling their money which they cannot do if but one Ship in an hundred miscarry yet that doth not happen in time of Peace Then as to the unhealthiness of the Climate there are some who never were abroad think all places beyond Sea much alike so that having heard of sickness and seasonings for new comers in places lately setled they are apt to impute it without any reason to Jamaica the Air being always serene and weather constantly temperate though usually reputed very hot yet it 's only so comparatively in respect of these Northern Climates being with us always Summer as if every Month were June I have observed and can experimentally affirm for Twelve years last past Jamaica to be as healthful a place as any part of England for sober temperate persons who have command of themselves especially at first arrival and can moderately drink one third Wine with two thirds Water but one the other side I think it as pernicious a place to debauch in as any in the World and this so necessary vertue of sobriety being more habitual in the other Sex makes the place far less fatal to them then men whereof usually ten dye in proportion for one Woman as appears by the yearly Bills of Mortality on Port Royal which is the London of Jamaica and it is not extraordinary if we also consider the nature of the Climate as it really is most propitious to Child-bearing Women who are not so subject to Miscarriages Distempers Pains or Difficulties before at or after Delivery as they are in England for being always Summer there is no danger of catching colds nor need of Fires in their Chambers no Rooms there having any Chimnies except the Kitchen which is usually apart from the dwelling house In Jamaica the Women after Child-bed are strong and lusty at three days end and about House again in a week nay some Negro Women are at work in the Field the same or next day I have been often questioned about the Natives of our Island whether they were not a terror to us c It may not therefore be impertinent to declare that Jamaica is wholly Inhabited with English who found none there but Spaniards which were soon beaten off and are long since in battel or by flight extirpated though perhaps it was formerly very populous with Indians but those were destroyed by the Spaniards so that we have no Natives at present but Children of the English or their Negro Slaves which are imported thither as Merchandize from Guiney and other parts of Africa of whom we are in no such fear or danger as in lesser Islands But Jamaica is of too vast an extent for any such surprize being in many places divided with mountains of difficult access and great Rivers not passable but by Boats or Ferries which dare carry no Negroes without a written Ticket or Licence from their Master or Overseer And if any Slave be found wandring out of his Masters Plantation any person may seize and carry him to his Owner or next Officer and receive a certain reward By which and other expedient methods it 's safer living or travelling in Jamaica than England we having rarely any House-breaking or Robbery for want of receivers most persons there generally knowing each other as they do in Country Cities here though there are few Inns for Travellers yet they are better and cheaper accommodated at Planter Houses who are generally very Hospitable and are conveniently dispersed over the whole Island for all Jamaica is setled by the English from one end to the
thereupon in any Court of Record within this Island and if such Mortgagee shall not within three Months after request and tender made for his reasonable Charges repair to the Office of Enrolments and there make such Acknowledgment as aforesaid he she or they so refusing shall for every such Offence forfeit and pay unto the Party or Parties aggrieved the Sum of fifty pounds Currant Money of this Island to be Recovered in any of His Majesties Courts of Record within this Island by Bill Plaint or Information wherein no Essoign Wager of Law or Protection shall be allowed And be it further Enacted and Ordained by the Authority aforesaid That it shall and may be Lawful for the Judges before whom such Acknowledgment of Deeds or other Writings are and shall be made to demand and receive for every Deed of the value of Twenty pounds or more Ten shillings and for every Deed under the value of Twenty pounds Five shillings and no more under the Penalty of Twenty pounds the one half to be to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges thereof and the other half to the Informer to be Recovered as aforesaid And be it further Enacted by the Authority aforesaid That the Clerk of the Enrolments shall and may take and receive for Enrolling and Copying an Ordinary Deed Grant or Patent for one or more Parcels of Land or any Deed or Conveyance not exceeding the length of such Patent five shillings for every Deed exceeding the length aforesaid eight pence per sheet accounting Twenty Lines to a sheet and eight Words to a Line for every Short Writing not exceeding the length aforesaid Twelve pence for Recording every Plot one shilling and three pence for searching the Record Twelve pence and for Ackowledging Satisfaction in the Margent of a Mortgage recorded one shilling and three pence and no more under the Penalty of Ten pounds to the Uses and to be Recovered as aforesaid And be it likewise Enacted by the Authority aforesaid That all Patents already granted and not Enrolled shall be Enrolled in the Office of Enrolments within six Months and all Patents hereafter to be granted shall be Enrolled within six Months after the Sealing such Patents which Enrolments as likewise all such as are already there Enrolled shall be good and valid in the Law notwithstanding any Clause inserted in the said Patents directing the contrary And whereas it is most manifest That the Estates of several Orphans have been preserved and vastly Improved by being during their Minority Leased out by their Guardians and whereas it may be Disputable whether such Leases are Warranted by the Laws of England Be it therefore Enacted and Ordained by the Authority aforesaid That all Leases heretofore made or granted or that hereafter shall be made or granted of the Estate of any Orphan by the respective Guardian for any term of Years not exceeding the Minority of such respective Orphans shall be good and valid in the Law any Law Custom or Usage to the contrary in any wise notwithstanding Provided always That this Act or any thing therein contained shall not extend to contradict or alter any Power given or to be given by the Parent to any Guardians or to give liberty for the future to any Guardian to Lease out the Estate of any Heiress for any longer Term or Time than till she shall compleat the Age of Fourteen Years Be it likewise Enacted and Ordained by the Authority aforesaid That the Clerk of the Enrolments or whosoever shall execute the said Office for the time being do find two sufficient Sureties with himself to become bound to our Soveraign Lord the King his Heirs and Successors in a Bond of the penalty of Two Thousand pounds for the true and faithful Execution of the said Office and for keeping of the same in the Town of St. Jago de la Vega as is herein before declared and not elsewhere which said Bond shall be Recorded in the Supream Court of Judicature within this Island and be kept by the Chief Justice of the same for the time being to be made use of according as is directed in an Act Intituled An Act Impowering the Secretary to take Security and whosoever after Publication hereof shall Officiate in the said Office before he hath given such Security as aforesaid he or they so Offending shall forfeit the Sum of Five Hundred Pounds to be Recovered by Bill Plaint or Information in any of His Majesties Courts of Record within this Island wherein no Essoign Protection or Wager of Law shall be allowed the Defendant one Moyety whereof shall be to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges thereof and the other Moyety to him or them that shall prosecute the same An ACT For the Ferry between St. Catharines and St. Andrews WHereas William Parker of the Parish of St. Andrews Esquire hath at his particular Charge found out and made a very Convenient Way between the Salt and Fresh River in the Parish of St. Andrews and St. Catharines which will be of great Use and Advantage to the whole Island in causing a more near and easie Correspondence with the several Precincts and whereas the said William Parker hath likewise set up and erected a Ferry for the better Accommodation of the said Passage and whereas the same cannot be maintained without great and constant Charges be it therefore Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same That the said William Parker his Heirs and Assigns be by this Act Impowered and Authorized for the space and term of Fourteen Years from the making hereof to ask demand sue for recover and receive as a Duty and Toll for the Transporting of any Person over the said Ferry Seven pence half peny for every Horse and Man fifteen pence for every grown Beast that hath no Rider seven pence half peny for every Sheep Calf or Hog six pence and that the said William Parker his Heirs and Assigns may and shall erect a Tavern or Victualling-House near the said Ferry and shall not be compelled to renew or pay any License Money for the same Provided always That if the said William Parker or his Assigns shall not finish and compleat the said Way and Passage within Twelve Months from and after the making of this Act and that in all places it be not less than eight Foot broad and that the same be always kept in good and sufficient Repair that the aforesaid Limitation of the Rates which shall be paid by virtue of this Act or any Letters Patents granted for the same shall cease determine and be utterly void And be it further Enacted and Ordained by the Authority aforesaid That no other Person whatsoever presume to erect
decayd Vessels or Wreeks sink in the Harbour by neglect of the Owner or Owners Possessor or Possessors of the same and not removed within one Month after the sinking thereof the said Owner or Owners Possessor or Possessors of the same shall forfeit Twenty Pounds for every Month such Vessel shall so lye Provided also that the several Fines Forfeitures and Penalties before mentioned in this Act and not declared where they shall be recovered and how disposed of be one third to our Soveraign Lord the King his Heirs Successors for and towards the support of the Government of this Island Contingent Charges thereof one third to the Church-Wardens for the use of the Respective Parishes and one third to the Informer to be recovered by Action of Debt in any Court of Record within this Island where no Essoins Protection or Wager of Law shall be allowed any Law Custom or Usage to the contrary notwithstanding And forasmuch as great and diverse complaints are daily made by Masters and Commanders of Ships and Vessels Trading to this Island that upon their Ships or other Vessels coming into any Harbour of the same the Seamen belonging to the said Ships or Vessels do run on Shore insomuch that they have not left on Board a sufficient Number of men to watch the said Ships or Vessels Be it therefore Enacted and Ordained by the Authority aforesaid That all and every Person or Persons that shall receive or entertain any Seaman or Seamen belonging to any Trading Ships or Vessels Riding in any Harbour of this Island after the Ships Bell Ringing to set Watch at eight of the Clock at night every such Person or Persons receiving or Entertaining of every such Seaman as aforesaid shall forfeit for the Entertainment of every such Seaman the Sum of Forty Shillings one half to the Poor of the Parish where the Offence is or shall be committed and the other half to the Master or Commander that shall Prosecute for the same to be recovered by a Warrant from a Justice of the Peace as in cases of Debt not exceeding Forty Shillings An ACT For the Maintenance of Ministers and the Poor and Erecting and repayring of Churches For raising a convenient maintenance for the Ministers and Poor and Erecting and repairing of Churches within this Island Be it Enacted by the Governour Councel and Assembly and it is hereby Enacted by the Authority of the same That the respective Justices of every Parish within this Island or any two of them shall every Year Issue out their Warrants to the Constables and Tything-men to Summons the Freeholders of that Parish together on the Second Tuesday in January for the Choosing of Ten Vestry-men and two Church-Wardens such as shall conform to the Church of England and if they shall neglect to Issue their Warrant so as the Election be not made that day they shall respectively forfeit five pounds Currant mony of this Island and in Case the said freeholders duly Summoned as aforesaid shall not appear or appearing do not Choose the said Ten Vestry-men and two Church-Wardens that then in their Default the said Justices shall within ten days after the said second Tuesday in January or any day after as to them shall seem convenient lay a reasonable Tax on the said Parish for the maintenance of the Minister and Poor and for Erecting convenient Churches and repairing such as are already made and making convenient seats in them and if the said Justices and Vestry-men shall neglect their duty herein they shall respectively forfeit five Pounds Currant mony of this Island And Be it further Enacted and Ordained by the Authority aforesaid That such of the Justices Vestrymen that shall not be present at the time ted to make the said Taxes and thereof be convicted by a Certificate under the hands of such as do appear and have no sufficient excuse for the same shall Respectively forfeit five Pounds Currant Mony of this Island and a Roll of the said Tax so made shall be delivered into the hands of the respective Constables of the said Purishes with a Warrant under the same signed by any two Justices of the Peace impowering him or them to Levy the said Tax and upon refusal to distrain and sell by Publick Outcry and pay the same into the hands of the Church-Wardens retaining to himself Twelvepence per Pound for Levying thereof and if any Person shall refuse to Pay what he is so Assessed and the said Constables Distrain for the same all his Charges shall be paid him with such further allowance for his pains as the said Justices or any one of them shall judge reasonable and if the said Justice or Justices shall neglect to Issue the said Warrant he or they shall respectively forfeit five Pounds Currant Mony of this Island and if the said Constables or any of them fail of their duty herein they shall respectively forfeit five Pounds Currant Mony of this Island and the Church-Wardens so Chosen shall undertake the said Office and receive and keep a good account of the Monies or goods Levyed by Vertue of this Act and the same Issue by Order from the said Iustices and Vestry-men of the Parishes for the purposes and intents aforesaid and the Church-Wardens shall as often as thereunto required yield and give a just and true account unto the Justices and Vestry-men of all their Receits and Disbursements and in case the said Church-Wardens or any of them shall neglect their Duty herein they shall respectively forfeit five Pounds Currant Mony of this Island for every refusal And be it further Enacted and Ordained by the Authority aforesaid That the respective Justices of the Parishes of St. Dorothy and St. Thomas in the Vale or any two of them shall every Year Issue out their Warrants to the Constables and Tything-men to Summons in the Freeholders of the said Parishes the Second Tuesday in February for the Choosing of ten Vestry-men and two Church-Wardens as aforesaid and that the said Justices and Vestry-men or the Major part of them are hereby impowered to lay on the Parishioners a reasonable Tax over and above the rate imposed on them by Vertue of this Act by the Justices and Vestry-men of the Parish of St. Catharines Provided it exceed not one Hundred Pounds Currant Mony of this Island for and towards the Building and Erecting Churches and making convenient Seats in them in their respective Parishes and to no other uses whatsoever and that whatsoever Rate or Rates hath been already assessed by the Justices and Vestry-men of the Parish of St. Dorothy's upon their Parishioners or any other Person or Persons having Land Goods or Stock within the said Parish is hereby Ratified Confirmed and Declared Lawful any Clause in this Act seeming to the contrary notwithstanding a Roll of any Taxes so made shall be delivered into the hands of the respective Constables of each Parish with a Warrant under the same signed by any two of the Justices
Impowering him or them to Levy the said Tax and upon refusal to Distrain and Sell by Publick Outcry as aforesaid any thing in this Act seeming to the contrary notwithstanding And be it further Enacted and Ordained by the Authority aforesaid That the Justices and Vestry-men of each Parish have full Power to enquire into Arrears of former Subscriptions and Taxes and to Levy the same Arrears by Warrant from the Justices to the Constables aforesaid and that the Minister demand no Fee in his own Parish for Christnings Marriages Churchings or Buryals under the Penalty of five Pounds for every offence unless such as the Justices and Vestry-men shall allow any Law Custom or usage to the contrary notwithstanding the one half of all which Forfeitures shall be to the Poor of the Parish and the other Moyety to him or them that shall sue for the same in any Court of Record within this Island And forasmuch as many Persons who may by Vertue of this Act and the Act for mending and repairing the High-ways be Taxed and have nothing in the Parish where they are Taxed upon which any Distress may be made It is therefore Enacted and Ordained by the Authority aforesaid That in such Cases from and after the making hereof an Action of Debt shall lye in any Court of Record or before any Justice of the Peace as in other Debts for the several Church-Wardens and Surveyors of each Respective Parish and their Successors to recover against any of the said Persons Rated or Assessed by vertue of this Act or any of them or their Agents or Attorneys here all such Sum and Sums of Mony as are or shall be rated or assessed upon them as aforesaid And that the same Rate or Assessment produced in such Court of Record or before such Justice of the Peace as aforesaid shall be sufficient Evidence and proof for the recovery of all such Sum or Sums of Mony so Rated or Assessed as aforesaid Provided nevertheless and it is the true intent and meaning hereof That no Justices of the Peace and Vestry-men shall have power to assess any such Person or Persons as aforesaid above the Sum of one shilling Per Annum and for every hundred Acres of Land and so proportionable for a greater or lesser quantity And it is hereby further Enacted and Ordained by the Authority aforesaid That any Person or Persons aggrieved or Rated in any such Assessment or Tax have hereby liberty granted to Appeal to the Justices siting in the Quarter Sessions in their Respective Precincts in this Island Provided that such Appeal to them be made at the first or second Quarter Sessions after such Taxes made and not afterwards and that there it Appearing to the said Justices that he she or they were Over-rated Taxed or Assessed the said Justices are hereby Authorized and Impowered if they find him her or them so Over-rated or Assessed to ease him her or them as to their discretion shall seem meet but that no Appeal shall lye further or to any other Court or Place in this Island for any Tax or Rate made or Assessed by the Justices and Vestry-men of each respective Parish in this Island any Law Custom or Usage to the contrary in any wise notwithstanding And be it further Enacted and Ordained by the Authority aforesaid That the Church-wardens of each respective Parish within this Island do buy or cause to be bought one Fair well bound Book wherein the Minister and in case there be no Minister there resident the Respective Church-Wardens upon notice thereof given by the Masters of the several Families who are hereby required to give such notice under the Penalty of five Pounds shall Register or cause to be Registred by the Clark of the Vestry of that Parish the Times of the Births Christnings Marriages and Burials of all such Person or Persons that shall from time to time be Born Christned Marryed or Buried within the said Parish under the Penalty of five Pounds for every such Default And that the said Clark or Person that shall Register the same shall have and receive as a Fee for each Entry Fifteen Pence and no more And it is hereby further Enacted by the Authority aforesaid That all such entries duly made and kept as aforesaid shall at all times hereafter be Deemed Judged and taken as an Authentique Record of all such Births Christnings Marriages and Burials and in all and every the Courts of Records in this Island But if any Person hereby Authorized to make such Entry or any other whatsoever shall make or cause to be made any false Entry or shall raze our or Imbezel any Entry or Books of Entry he or they so offending shall be proceeded against and Punished in manner and form as the Laws of England provide against such as Steal Raze or Imbezel Records The one Moyety of all which Forfeitures or Penalties or any other mentioned in this Act and not directed how to be disposed of shall be to the Poor of the Parish where the fault is committed the other Moyety or half part to the Informer to be recovered by Bill Plaint or Information in any of his Majesties Courts of Record in this Island wherein no Wager of Law Essoin Protection or Injunction shall be allowed any thing in this Act or in any other Act to the contrary in any wise notwithstanding And be it further Enacted and Ordained by the Authority aforesaid That the Parish of Port-Royal do allow and Pay unto the Minister thereof two Hundred and fifty Pounds Per Annum of Currant Mony of this Island and that the Parish of St. Catharines do allow and pay unto the Ministers thereof One Hundred and forty Pounds of the like Mony Per Annum and not less And that the Parish of St. Thomas St. Andrews and St. Johns do allow and pay unto their Respective Ministers One Hundred Pounds of like mony Per Annum and that all the other Parishes within this His Majesties Island that either have or shall have a Minister do allow and pay Eighty Pounds Currant Mony and not less as a constant Yearly Salary for the support and Maintenance of every of their Ministers to be Paid at their Respective dwelling Houses every six Months without any Charge or defalcation by equal Portions and none to be Capable of being presented to the said Benefices or receiving the Profits of the same unless they produce due Testimonials that they are qualified according to the Canons of the Church of England by having taken Deacon and Priests Orders and the said Testimonials to be Recorded in the Secretaries Office And be it further Enacted and Declared by the Authority aforesaid That no Minister not duly qualified as aforesaid Presume to Marry any Person or Persons whatsoever under the Penalty of one Hundred Pounds Currant Mony of this Island one third thereof to our Soveraign Lord the King his Heirs and Successors for and towards the support of the Government of this
Justice of the Peace without giving Notice to the Captain of the said Fort or whosoever shall Command in Chief therein in his Absence which said Notice shall be sufficient Leave to pass the said Fort without any further Charge or trouble whatsoever unless the said Captain or other his Subordinate Officer have reasonable cause to Suspect the Person so desiring leave to have some evil design in going off with or carrying off any Persons contrary to Law in which Case it shall and may be Lawful for the said Captain or his aforesaid Officer to hinder their departure out of the Harbour until the said Captain or Officer be satisfied of the Lawfulness of their occasion any Act Custom or Usage to the contrary notwithstanding Be it also further Enacted by the Authority aforesaid That no Person whatsoever presume to Fire any small Arms after eight of the Clock at Night unless in case of an Alarm Insurrection or other lawful occasion and in either of the said Cases Four Muskets or small Arms distinctly Fired shall be taken for an Alarm from Quarter to Quarter and every Person that shall be duly convicted before a Regimental Court Martial of neglecting his Duty in taking and giving forward any Alarm by Firing Four Muskets or small Arms as aforesaid or shall be Guilty of Firing any small Arms after Eight of the Clock at Night unless as aforesaid shall be Fined or otherwise punished at the discretion of a Court Martial not extending to Life or Limb. And whosoever shall be found to be a Transgressor herein by the next Commission Officer under Penalty of Five Pounds be caused to be Apprehended and sent under a Guard to the next Marshal who is hereby obliged under Penalty of Twenty Pounds to receive and secure the said Offender until he shall be Tryed or Discharged by a Court Marshal as aforesaid And for the better Prevention of False Alarms That no Captain Master or Commander of any Ship or Vessel Riding at Anchor in the Harbour of Port-Royal or any other Bay or Harbour or any other Person Fire any Gun after Sun set under Penalty of Forty Shillings for every Gun so Fired to be Levyed by Warrant from the Chief Officer not under the Degree of a Captain who is hereby Impowered to Administer an Oath and give Judgment thereupon by Distress or Sale of the offenders Goods and for want of Distress the said Chief Officer is hereby Impowered to Commit such Offender to Goal there to remain until payment of the same and that in Case the said Chief Officer shall not perform his Duty therein he shall forfeit Ten Pounds to be levyed by Warrant from the Governour or Commander in Chief for the time being Provided always that this Clause shall in no ways concern or extend to any Captain or Officer of any of His Majesties Ships of War for their Firing of one Gun for the setting of the Watch. Provided always and it is hereby further Enacted and declared by the Authority aforesaid That nothing in this Act contained be expounded construed or understood to diminish alter or abridge the power of the Governour or Commander in Chief for the time being but that in all things and upon all occasions he may act as fully and freely as Captain General and Chief Governour to all Intents and purposes as if this Act had never been made any thing in this Act to the contrary notwithstanding Provided also And it is hereby Enacted and Declared by the Authority aforesaid That nothing within this Act or any clause therein contained shall be deemed construed or understood to give any Captain General or Commander in Chief any Power or Authority for the sending any Person or Persons of this Island against their will or to do any other act or thing contrary or repugnant unto the known Laws of England or this Island An ACT For prevention of Law Suits BE it Enacted and Ordained by the Governour Council and Assembly And it is hereby Enacted and Ordained by the Authority of the same That all Possessions of or Titles to any Lands or Houses whatsoever derived by or from any Sales for Valuable considerations made either by the Brovost Marshals Creditors or by the Executors or Administrators of any Persons Deceased or by the Husbands in Right of their Wives or by the Endorsments or Delivery up of Patents or by any Decrees in Chancery or by any Last Wills and Testaments or by any Patent Granted upon Judgment given in Writs of Escheat or Cessavit and the said Person or any claiming under them now being in Possession of the same be by this present Act Ratified Confirmed and Declared good and Legal to all Intents and Purposes whatsoever Provided always that such Possessors or Purchasors their Heirs or Assigns have or shall continue in quiet or peaceable Possession of the same for the space of Seven Years without any Claim or Interruption and the said Sales Patents Decrees and Possessions as aforesaid to be a perpetual Bar against all manner of Persons Claiming or to Claim any Right or Title by Descent Purchase Marriage or Limitation for or by reason of any former Grant Gift Patent or Conveyance any Law Custom or Usage in any wise to the contrary notwithstanding And it is hereby Enacted and Declared by the Authority aforesaid That in all Writs of Escheat hereafter to be Granted the Provost Marshal be commanded to Inquire by a Jury of Twelve Free and Lawful Men upon their Oaths they then being upon the Premises the true Value of all and singular the Real Estate which any Person so Dying without Heirs was at the time of his Death Sei zed of and that after Office found and returned into the Supreme Court and Judgment hereupon given and Recorded It be Lawful for the Governour for the time being or in his absence the Commander in Chief to pass any Grant of the said Escheated Estate under the Broad Seal of this Island Provided that a Clause be therein Inserted that the said Grant shall determine and be Voyd in case any Right Heir appears and Claims the same and Legally approves himself to be Heir within Three Years after the Date of the said Patent and that the Value of the said Escheated Estate as it was Apprised at shall be secured to be paid unto the Treasury of this Island after the Expiration of Three Years from the Date of the Patent If no Heir in the mean time shall Obtain the same by such Person or Persons to whom the Governour or Commander in Chief as aforesaid shall by Patent under the Broad Seal of this Island grant the same and that the Treasurer or Receiver be hereby required to pay or cause to be paid the Sum or Sums of Mony the said Escheated Estate was Valued at out of the Treasury unto or for the Use of such Heir who shall Claim the same and Approve Himself to be Heir before any other Payment whatsoever which Proof of the Heirs