very Populous and contains about a 1000 Houses many of which are built with Bricks and beautified with Balconies after the modern way of building in London the Streets are also regular and kept very clean there is also in it a fair Church built with Brick and Stone and handsomely finished within and for the defence of the Town and Harbour there are 5 Forts strongly built with Stone on which are mounted about 110 large Guns all kept in good order hither resort most of the Ships here is the Custom-house here live the Merchants and here is mannaged the chiefest part of the Trade of the Island To this Harbour belongs about 100 fine sailing Sloops from about 12 Tuns to 40 Tuns in bigness most of them built in the Country which find very good imployment in trading and carrying goods about the Island and to the Spaniards catching of Tortoise and other ways by which their owners live very well About 7 Leagues to the Westward of this is an old Harbour a very large good and safe Harbour for Shipping and here also is a small Town built which daily encreases as the inland parts of the Country about it are more and more setled and planted More Westerly is Carlisle Bay a safe Road for Shipping and there is likewise built a pretty Town of that name of about 100 Houses which has a fine Trade that also increases as the Country does in Plantations farther West is Bluefields Bay and other good Roads and the like there is also in St. James's St. Anns and St. Maries on the North side of the Island and in the Parish of St. Georges in the North-East parts is Port Antonio a safe and good Harbour and such another in the South-East part called Port Morant besides divers good Bays more on the South side as Morant Yallahs c. So that there want not conveniencies for the Importing or Exporting of their Commodities in any part of the Country There are no Poysonous or hurtful Creatures known to be in this Island nor any voracious but the Crocodil of which though there are many in the Sea and the Rivers yet it is rare to hear of any injury done by them There is but one Town in the inland parts of the Country and that is called St. Jago de la Vega it is seated near the banks of a fine River on the one side and on the other is A large Plain or Savanna of several Miles extent it is about 6 Miles from the Sea of Port Royal Harbour and was built by the Spaniards many years since and in their time was a large Town and well built after their manner but on the first Peopling of the Island by the English when they were only an Army many of the Houses were destroy'd by the Souldiers and have not since been rebuilt because the trade of the Country consisting wholly of Planters and Merchandizing the one sort whereof living scattered about the Country as Farmers do in England and the other dwelling in the Sea-port Towns there is no occasion in the Inland parts for such a Community of Men to dwell together as that Town would have receiv'd had it continued in its former greatness yet here are still many Streets and fair Houses here is also the seat of the Government The Governours House and Chief Courts of Justice here the Assembly met and here are kept all the Records of the Island The chiefest Commodity that this Island makes is a sort of Muscovadoe Sugar that excells any that is made in any other of his Majesties Plantations the quantity of which increases so much every Year that it gives Addition to the number of Ships Trading thither besides this Sugar there are great quantities of Indico Cotton Ginger Tobacco Piemento Cacaes Hydes Achiots Tortoise-shell and divers sort of dying and other woods for fine Joyners work and Cabinets growing there all which Commodities are as good in their kinds as are in any Country and excepting the Sugar Indico Cotten Ginger and Tobacco are peculiar to this and are in no other of His Majesties Plantations there are also many other accidental Commodities brought in from the Spaniards as Log-wood Plate Pieces of Eight Gold Pearl Emeraulds c. by means of which Manufactory and Trade there is not less then 20 Sail of Ships of 300 Tuns a piece Burthen and upwards besides others which only use that Voyage and of all sorts above 100 sail of Ships now laden every Year and as the Island fills with English and is supplyed with Negroes the Trade and Shipping will both encrease This Island depends wholly on His Majesty without any other Proprietors or Companies and ever since His Majesties happy Restoration he has been graciously pleased it should be Govern'd by a Governour fully Impowered by His Majesties Commission who has a Council consisting of 13 of the gravest and chiefest Gentlemen of the Island to advise with on all occasions and to them when it is requisite there is called an Assembly of Two and thirty of the Gentlemen of the Country chosen by the Free-holders from among themselves by vertue of His Majesties writ which to that end is Issu'd out by the Governour into the several Precincts of the Country These together with the Governor and Council make such Laws as are necessary for the well Governing of the Island and to the making of any Law there must be the consent of the Governour Council and Assembly as three distinct States of which if any one dissent no Bill can pass into an Act so that the making of Laws there is Assimilated as near as may be to that of our Native Country of England and these Laws so made are of Force at all times until His Majesty be pleased to declare his pleasure to the contrary And for the Incouragement of any of His Majesties Subjects to go thither with intent to settle and Plant His Majesty is graciously pleased to give every Man for himself Wife Children and Servants and all he brings with him or shall at any time after import 30 Acres of Land for every head in any part of the Island that they themselves shall choose which is not already possest by others they paying only the common charges of the Surveying and the Patent and this passes to the Possessor his Heirs or Assigns for ever by his Majesties said Grant under the great Seal of the Island in common Soccage which Patent being enrolled in the Office for that purpose established there is good against His Majesties claim or any pretenders whatsoever though the Patent it self should happen to be Lost Burnt or any otherwise destroyed the manner of the civil Government there is as in England by Sessions of the Peace Justices Constables and other necessary Officers which are appointed in the several parts of the Country as there is occasion that Justice may be equally distributed And for the Military Government and defence of the Island every Man from 16 years old to
60 is obliged in 6 weeks after arrival with intent to settle there to list himself in what Company of Foot or Troop of Horse he pleases but haing listed himself he is not to remove at his pleasure except he goes to dwell in some other part of the Country and then he must list himself in that Regiment where he goes to reside Of this Militia it being no otherwise the Governour is Captain General who is impower'd by his Commission to make under him Colonels Captains and all other Officers which Train and Discipline their respective Souldiers and take care that they keep good Arms well fixt and sufficient stores of Ammunition always by them that so they may be ready on any occasion The Town of Port Royal has in it one intire Regiment of this Militia consisting of 10 Companies one of which Companies mounts the Guard successively every night and keeps Watch in the several Forts in as good order as is used in any regular Garrison that is in pay For the tryal of Titles of Land decision of controversies and recovery of debts there are several Courts established the methods whereof will here follow written by an ingenious Gentleman who has been a long Practitioner in the Courts and Laws of that Country as well as in the Laws of England THE PREFACE HIS Majesty having been graciously pleased with the advice of the Lords of the Privy Council appointed a Committee for Trade and Plantations to give His Royal Assent to several Acts made by the Governour Council and Assembly of Jamaica it was thought fit to Publish the same as well for the benefit of its Inhabitants as all others His Majesties Subjects who may Trade or be any ways concern'd there but for prevention of Mistakes lest strangers to Jamaica might think these few Acts were all the Laws and Privileges of that Island which might lessen it in their esteem and discourage some from adventuring themselves or their fortunes thither I was desired by some Persons of Quality to give a more particular account thereof in observance of whose commands and respect I bear the place I promised my endeavours but must be very brief for that the Book is in the Press ready to come forth wherein I may be the more excusable since a Gentleman who has lived long in and very well knows that flourishing Country hath here already given so good a description of the Island which as he saith was taken from the Spaniards in the Year 1655 and I may add in the 7th year of his now Majesties Reign who when he came to exercise His Royal Authority was pleased to own what his Subjects had done which was the same as if he had Commissionated them and among other his glorious Titles descended to stile himself Lord of Jamaica by whose special grace and favour we have hitherto all the Laws and Priviledges of English Men exercised and continued amongst us there These Acts now Printed being only By-Laws for better Government of the Plantation which in some case requires different Regulations from the Kingdom of England as some Counties for Stanneries Fens c. do here and for raising such necessary customs as may defray the Publick charge of that Country for all Judges and Justices in Jamaica determine all Pleas there according to the Laws of England pursuant whereunto that Island hath been Govern'd except some little Variations for ease and benefit of a new settlement as our proceedings being all in English our pleading general Issues and giving special matters in evidence our suits being more concise and far less chargeable than in England the Practice of our Courts there much more plain and intelligible To begin with his Majesties Supream Court of Judicature so called which hath the same Jurisdiction with the Kings-Bench Common-Pleas and Exchequer at Westminster and is held 4 times in the year as the Terms in England viz. every last Tuesday in February May August and November which continue each time about a Week and therein are first determin'd all Pleas of the Crown then follow Common-Pleas c. The Judges of that Court being Commission'd by his Majesty or his Governours are always 5 or 7 whereof not less than 3 can try any cause and they consist of the most considerable Gentlemen of the Island both for Parts and Estates and usually the Chief Justice is one of the best Quality who hath practised and is well read in the Laws of England tho few of them are so learned as the Judges here yet they are Men of the greatest sense and reason whereon all Law is or should be grounded This Court is not Burthen'd with many Officers for one called the Clerk of the Grand Court is Prothonotary Custos brevium c. Nor do we trouble our selves with many sorts of Writs as Originals Capias Alias or Pluries very rarely or never arresting any Person of known residence only send him a Summons to appear next Court and that he may come provided a Copy of the Declaration is always left with the Summons which being served 8 days at least before the Court the Defendant is bound to appear plead joyn issue and come to Tryal the very next Court or Judgment will pass by default no Imparlance being allowed without special cause as on oath that he hath material Witnesses and hath endeavoured but cannot Subpoena them In Tryals we have not several Venire's nor a particular Jury for every cause unless in some special matter of great import but by a general Venire the Marshal prepares enough for four or five setts of Jurors not knowing what issues they are to Try which prevents packing or partial returns who are impannel'd in Court and put upon the Crown side or Common Pleas in such causes as the Judges extempore direct And the same Jury usually Tries Six or more at a time as the Court thinks their Memory may well bear for help whereof some of them take Notes also they are permitted to take with them the Record it self with all Papers or Deeds proved in Court most of our actions there being plain matters of Debt or Accompt and some few Ejectments Writs of Dower Partition c. The Jurors indorse their Verdict on each Record which is deliver'd in Court to the Clark who of course enters Judgment unless it be arrested which every one may move the last day of the Court but is rarely granted without very special cause presently made appear but if such motions are ever favoured it is in excessive damages on action of Slander or frivolous Trespasses which are usually discountenanced we are not intreagu'd with dilatory Writs of Inquiry but when any judgment is confess'd or passeth by nil dicit in case c. the next Jury happening to be trying issues in Court take the Record and Assess Damages presently And for ease of those who live by their labour to prevent unnecessary attendance and expences all Actions depending that Court or Term are called and
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
Title shall be made by any publick Attestation or otherwise as shall be beleived to be Evidence by the Judges and Jury to be recovered at any time without Limitation And be it further Enacted by the Authority aforesaid That all Bills of Sale and Conveyances whatsoever heretofore made or that hereafter shall be made by Husband and Wife and acknowledged before the Judge of any Court of Record within this Island and duly Recorded shall be good and Valid in Law against all Persons whatsoever that can or may pretend to Claim any Estate in the Lands or Tenements so conveyed to all Intents and purposes whatsoever as if the same had passed by Fine and Recovery in any of his Majesties Courts of Westminster Provided always that where any true and Valuable Improvement is made on such Escheated Land by the Patentee or Patentees during the said Three Years that such Heir before his Entring upon the same shall satisfie and pay unto such Patentee or Patentees all such Charges as the Chancellour for the time being shall judge to be reasonably Expended together with the Interest of the same according to the Custom of this Country any thing herein contain'd to the Contrary notwithstanding An ACT For Establishing Courts and directing the Marshals Proceedings FOr the better and more Orderly Regulation and Establishment of the several Courts of Justice within this Island as well in respect of the time as place for holding the same and also directing the Marshals Proceedings Be it Enacted by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same That the Judges of the Supream Court of Judicature for the time being are hereby fully Impowered and Authorized to have Cognizance of all Pleas Civil Criminal and Mixt as fully and amply to all intents and purposes whatsoever as the Courts of Kings Bench Common Pleas and Exchequer within His Majesties Kingdom of England have or ought to have and the said Court shall be duly and constantly kept at the Town of St. Jago de la Vega and not else where once every three Months and not oftner and that there be Five Judges at the least appointed to hold the same Court three whereof to be a Quorum and that the several Inferior Courts of Common Pleas established or that shall be Established in the several Precincts of this Island shall have Jurisdiction over all Causes wherein any Free-hold isnot concerned to the Value of Twenty Pounds with Cosles and no more and that the same be held and kept at the same time and in the same place of the respective Precincts where the Justices of the Peace shall hold and keep the Quarter Sessions once every three Months and that none of the said Courts be kept oftner nor in any other place or manner than is hereby declared Provided always and it is hereby Enacted by the Authority aforesaid that in respect Port-Royal is the Chief Seat of Trade within this Island and it is found by Experience that a quicker and more speedy dispatch of all Maritine and Merchandizing affairs give the greatest satisfaction to all Parties concerned it shall and may be Lawful for the Judg or Judges of the Court there Established to hold and keep the same once every two Months and not oftner and that it shall and may be Lawful for the Chancellour here for the time being upon application made to Grant a Justices to any of the Inferiour Courts within this Island any thing herein contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That it shall not be Lawful for any Person or Persons whatsoever Appointed Elected or Chosen to be a Judge or Judges of the aforesaid Courts to Execute or Officiate his or their said Place or Office until such time as he or they shall respectively take the Oaths of Allegance and Supremacy in open Court and that none of the said Judges directly nor indirectly shall ask demand or receive any other profit benefit or advantage from any of the Clarks of the said Courts or other Person whatsoever under colour or pretence of such their Place Office or Authority but what is allowed them by the Acts of this Island under the Penalty of Five Hundred pounds of Currant Mony of this Island And be it further Enacted by the Authority aforesaid That all and every of the Judges of the several Courts before mentioned be and are hereby sufficiently Empowered to make order and establish all such Rules and Orders for the more orderly practising and proceeding in their said Courts as fully and amply to all Intents and purposes whatsoever as all or any of the Judges of the several Courts of the Kings Bench Common Pleas and Exchequer in England Legally do and that no Councillour or Attorney be suffered to practise in any of the said Courts until they be first admitted by the same and have taken as well the Oath of an Attorny as the Oaths of Allegiance and Supremacy under the Penalty of Twenty pounds of Currant Mony of this Island and whatsoever Councillor or Attorney shall by negligence or ignorance mistake his Clients Cause and Imperfectly lay his Action or ill Draw the Declaration whereby the Client shall suffer a Non-suit he or they so offending shall be lyable by Rule of Court without any other Process or course of Law whatsoever to pay unto the party aggrieved full Costs of Suit and to the end that no Person shall be Damnified by mistake of his Lawyer for matter of Form only Be it Enacted and Declared by the Authority aforesaid That the Judges shall at all times on Motion made in Court order Amendments and shall not upon Arrest of Judgment or Writ of Errour for matter of Form only reverse any Judgment whatsoever And be it Enacted and Declared by the Authority aforesaid That no Action of Wast shall be permitted to be brought or allowed to lye within any Court of this Island and that no Free-holder whatsoever being of know Residence shall be Arrested by any Process out of any of the said Courts upon the Penalty of Twenty pounds Currant Mony to be paid by the Plaintiff to the Party so Arrested and what Action or other proceeding whatsoever shall be entred sued had made or prosecuted thereupon contrary to the true intent and meaning thereof shall and is hereby declared to be void and of no Effect to all intents and purposes whatsoever And that no Suit be had or Process taken out of the Supream Court of Judicature for any matter or Cause of Action under the Value of Twenty pounds Currant Mony of this Island upon the Penalty of Twenty Pounds of the like Money to be paid by the Plaintiff in the said Action but that the same be tryed in the Court of the Precincts where such Cause of Action doth arise Provided that both Parties reside there and that the Inhabitants and Residents in St. Catharines St. Dorothy's St. Thomas
any Court of Record within this Island by Bill Plaint or Information wherein no Essoin Protection Wager of Law or Non vult ulterius prosequi shall be admitted or allowed any thing in this Act or any other seeming to the contrary notwithstanding And that the said Collector Receiver or his Deputy shall not at any time hereafter upon any pretence whatsoever pay the said One Thousand Pounds per Annum or any part or parcel thereof or any other Sum or Sums of Money whatsoever arising from the Quit-Rents or by Vertue of this Act unless he or they shall first have or receive for his or their Authority a Warrant under the Hand and Seal of the Governour or Commander in Chief for the time being with the Advice and Consent of the Council expressing the Sum to be paid and the end and purpose whereunto the same is or shall be applied And in case the Collector Receiver-General or his Deputy shall contrary to the true intent and meaning hereof pay any Sum or Sums of Money whatsoever or if any other person or persons whatsoever shall misapply any of the Moneys so as aforesaid appropriated contrary to the true intent and meaning of this Act the Offender or Offenders shall forfeit and pay treble the Sum by him or them so paid or misapplied Be it further Enacted by the Authority aforesaid That all Forfeitures and Penalties mentioned in this Act and not declared how they shall be disposed of and in what manner to be recovered shall be one half to our Sovereign Lord the King His Heirs and Successors for and towards the Support of the Government of this Island and the contingent Charges thereof and the other half to the Informer to be recovered by Bill Plaint or Information in any Court of Record within this Island wherein no Essoin Protection Wager of Law Non vult ulterius prosequi or Injunction shall be allowed any thing in this Act or any other to the contrary in any wise notwithstanding And it is hereby Enacted and Declared by the Authority aforesaid That from and after the First day of this present October an Act intituled An Act for Raising a Publick Impost made at an Assembly held at the Town of St. Jago de la Vega the Fourth day of October in the Three and thirtieth Year of His Majesty's Reign that now is and all and every Clause and Clauses therein contained be and are hereby repealed to all intents and purposes whatsoever And it is hereby Enacted and Declared by the Authority aforesaid That this present Act remain and continue in force for the Term of Seven Years and no longer WHich Laws having upon the perusal of the Right Honourable the Lords of the Committee of Trade and Foreign Plantations been presented to His Majesty at this Board His Majesty was graciously pleased with the Advice of His Privy Council to approve and confirm the same for the space of Seven Years to commence from the First of October last preceding the Date hereof And pursuant to His Royal Pleasure thereupon signisied and expressed the said Laws are hereby approved and consirmed for the space of Seven Years accordingly John Nicholas FINIS LAW-BOOKS Printed for or Sold by Charles Harper at the Flower-de-Luce over against St. Dunstan's-Church in Fleet-street Folio Law THe Statutes at large from Magna Charta to this present Year 1682. in Paragraphs and Sections with References to the Books of the Law and an exact Table By Joseph Keble of Gray's-Inn Esq in folio An Assistance to Justices of the Peace for the easier performance of their Duty The first Part thereof being a Collection of all the particular Clauses of Statutes from Magna Charta to this time that does any ways concern Juslices of the Peace In the other Part the whole Office of a Justice is methodically digested with the newest and most approved Presidents under proper Heads the whole accommodated to present use By Joseph Keble of Gray's-Inn Esq A Collection of Entries c By William Rastal fol. The Lord Coke's Book of Entries His Commentary on Littleton being the first Part of the Institutes His Commentary on Magna Charta c. or the 2 d Part of the Institutes His Pleas of the Crown or 3d. Part of the Institutes His Jurisdiction of Courts or 4th Part of the Institutes His 11 Reports in French with a Table and the 12th and 13th in English His 11 Reports compleat in English with a Table An Abridgment of Cases and Resolutions of Law contained as well in the Law-Books Statutes and Records as of modern Judgments in the Courts of Westminster By H. Roll Serjeant at Law Published by the L. C. J. Hales The Year Books in to Volumes the last Edition with new Notes and Tables to them all Origines Juridiciales oran Account of the English Laws Courts of Justice Forms of Tryal Punishment in Cases Criminal Law-Writers Law-Books Grants and Settlements of Estates c. Also a Chronology of the Lord Chancellors Keepers Treasurers Justices Itinerant Judges Barons Masters of the Rolls Kings Attorneys and Sollicitors and Serjeants at Law By Sir William Dugdale Kt. The Law of Common Assurances touching Deeds in general viz. Feoffinents Gifts Grants Leases with two Alphabetical Tables By William Sheppard Esq The Country Justice containing the Practice of the Justices of the Peace as well in as out of Sessions By M. Dalton with large Additions printed 1682. Modern Reports By William Style of the Inner-Temple Esq Actions for Slanders By William Sheppard Esq Reports of H. Roll Serj. at Law in two Volumes in the Kings-Bench in the time of King James Prynn's Animadversions on the Lord Coke's 4th Institutes Sir Henry Yelverton's Reports in the King-Bench in the time of Queen Elizabeth and King James Published by Judge Wilde The Reports of Sir John Davies with a Table The Reports of the learned Judge Sir Henry Hobart The fourth Edition corrected and amended The Reports of Sir George Crook Kt. in the time of Q. Elizabeth K. James and K. Charles the First Collected in French by himself revised and published in English by Sir Harbottle Grimstone Master of the Rolls the third Edition in three Volumes This Book is now reprinted with References to all the late Reports Reports in the Kings-Bench in the time of King Charles the First By Jo. Latch of the Middle-Temple Reports of the late Reverend Judge Th. Owen Esq one of the Justices of the Common Pleas with Tables Reports and Arguments in the time of K. Charles the Second of that learned Judge Sir Jo. Vaughan lato Chief Justice of the Common Pleas. The Reports of Sir James Dyer in the time of H. S. Ed. 6. Phil. and Mary and Q. Elix with a Table The Reports of the Lord Keeper Littleton in the time of King Charles the First with Tables The Office and Authority of Sheriffs gathered out of the Statutes and Books of the Common Law Corrected and very much enlarged by Mich. Dalton with
Most Excellent MAJESTY Lord Keeper Lord President Lord Privy Seal Duke of Ormond Duke of Beaufort Earl of Oxford Earl of Chesterfield Earl of Sunderland Earl of Clarendon Earl of Bath Earl of Craven Earl of Ailesbury Earl of Conway Earl of Nottingham Earl of Rochester Lord Bishop of London Mr. Secretary Jenkins Mr. Chancellor of the Exchequer Lord Chief Justice Pemberton Mr. Godolphin WHereas by the Powers given unto Charles Earl of Carlile late Governour in Chief of the Island of Jamaica and in his Absence to the Commander in Chief thereof for the time then being Dated the Third day of November in the 32 d Year of His Majesties Reign as also by a Commission unto Sir Thomas Lynch Knight now Governour in Chief of the said Island bearing Date the Sixth Day of August 1681. His Majesty has been Graciously Pleased to Authorize and Impower the Governour Council and Assembly of the said Island to Constitute and Ordain Laws which are to continue and be in force untill His Majesties Pleasure be signified to the contrary And forasmuch as certain Laws have in pursuance of the said Powers and Commissions been transmitted unto His Majesty with the Humble Desire of the said Council and Assembly that His Majesty would be Pleased to pass the same in the Words following An ACT Appointing the Number of the Assembly BE it Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted by the Authority of the same that in every Assembly hereafter to be called by His Majesties Writs and held within this Island there be Chosen Three Representatives for the Parish of St. Catharines the like number for the Parish of Port Royal and Two for each other of the respective Parishes that now are or hereafter shall be in this Island and that the Provost Marshal or his Lawful Deputy give to every Person Elected within ten Days after his Election notice that he is so Elected Provided always that every Person Elected shall be a Free-holder in this Island and that none have Right to Vote in any Election but those that are Free-holders in the same Parish Where the Election is to be made An ACT For Regulating Servants BE it Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same That all and every Master or Masters of Slaves for the first five Working Slaves shall be Obliged to keep one White Man Servant Over-seer or Hired Man for Three Months at least and if the Number increase to Ten Two and for every Ten after the first One to be Resident in the Plantation where the Negroes are employed and if any shall be wanting for the space of six Months of the proportion aforesaid he she or they for every Servant so wanting shall forfeit five pounds to the Use of the Parish where such Default shall be made to be Recovered by the Church-Wardens by Action of Debt in any Court of Record in this Island And it is further Enacted and Ordained by the Authority aforesaid That all Masters Mistresses or Over-seers of Slaves who shall not truly inform the Constable or Constables within their several Precincts when thereunto required of all such Hired Men or Servants and Working Slaves as shall justly and truly belong unto them or under their Care shall forfeit the Sum of Twenty pounds to be Recovered by Bill Plaint or Information in any Court of Record within this Island where no Essoign Protection or Wager of Law shall be allowed one Third of which Penalty shall be to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges thereof one Third to the Church-Wardens of the Parish where the Offence shall be Committed for the Use of the said Parish and the other Third to the Informer or he that shall sue for the same And whatever Constable or Constables shall neglect his or their Duty herein by not demanding an Account every Six Months and returning the same unto the Justices sitting at the next Quarter-Sessions of that Precinct which they are hereby required to do shall for every such Default forfeit the like Sum of Twenty pounds to be Recovered and applyed in manner and form aforesaid That all Servants shall have according to their Contract and Indenture and where there is no Contract or Indenture Servants under Eighteen Years of Age at their Arrival in this Island shall serve Seven Years and above Eighteen Years of Age shall Serve Four Years and all Convicted Felons for the time of their Banishment and at the expiration of the Times aforesaid shall receive from their last Master Mistress or Employer Forty shillings and a Certificate of their Freedom upon Demand and whosoever shall refuse without just Cause to give such Certificate to Servant Artificer or Labourer whose Time is expired or Contract performed shall forfeit forty shillings for every such Refusal And whosoever shall Employ any Free Person without a Certificate from the the last Employer of the Performance of his or their last Bargain or Contract shall forfeit Ten pounds That no Person or Persons presume to Trade with any Servant or Slave without the Master or Mistresses Consent on Penalty of forfeiting to the Master or Mistress of such Servant or Slave treble the value of the things Traded for bought or Sold and also Ten pounds Currant Money of this Island to be recovered by such Master or Mistress by Action of Debt in any Court of Record And all Contracts made with Servants or Slaves to be utterly void That if any Servant or Hired Labourer shall lay violent Hands upon his or her Employer Over-seer or other Person put in Authority over him or her such Servant or Labourer shall for such Offence Serve his or her Employer without any Wages twelve Months by Order of any Justice of the Peace on Conviction That by the like Order and Conviction any Over-seer or Artificer Hired Labourer or Servant that shall embezle purloin make away or waste any of his or her Employers Money Goods or Chattels not exceeding the value of forty shillings shall serve or make Satisfaction according to the Discretion of any one of His Majesties Justices of the Peace and if above the value of forty shillings to serve two Years by the like Order without any Wages and be further liable in case that Time will not satisfie and if any such Person as aforesaid shall embezle purloin or make away any Money Goods or Chattels of any others than their Masters Mistresses or Employers they shall incur the same Penalty and Serve the Party injured as aforesaid after their Time expired with their Masters or Mistresses And be it further Enacted by Authority aforesaid That if any Freeman of this Island shall at any time hereafter beget a Woman-Servant with Child he shall upon due Proof thereof made which Proof shall be by the Oath of the
said Woman as in other Cases of Bastardy give good Security to save the Parish harmless and as a further Punishment for his Offence and for and towards Satisfaction of the Master or Mistress of such Servant shall forfeit and pay unto the said Master and Mistress the full Sum of Twenty pounds currant Money of this Island and shall likewise provide for the Maintenance of the said Servant and Child and in case of failure herein shall serve the Master or Mistress of such Servant double the time that she had to serve at the time of the Offence committed or shall procure one in his or their stead that shall be obliged so to do And in case one Servant shall beget another with Child then the Man-Servant shall after the Expiration of his Term serve the Master or Mistress of the Woman-Servant double the time she had to serve at the time of the Offence committed That any Man-Servant Marrying without the Masters or Mistresses Consent shall serve two Years for such Offence but if any Free-man shall Marry a Servant he shall be liable to pay the Master or Mistress Twenty pounds and she shall be free That all Suits between Servants and their Masters or Mistresses relating to their Freedom shall be heard and determined by any two Justices of the Peace without any Appeal and if any Servants absent themselves from their Masters or Mistresses Service without Leave or a Ticket from their Master Mistress or Over-seer shall for every such Days Absence serve one Week and so in proportion for a'longer or shorter time the whole Punishment not to exceed Three Years That if any Person shall turn away any Sick or Infirm Servant under pretence of Freedom or otherwise and such Servant shall die for want of Relief or become Chargeable to any Parish the Offender shall forfeit Twenty pounds of Currant Moneys of this Island to the Use of the Parish where such Death or Charge shall happen to be Recovered by the Church-Wardens by Action of Debt in any Court of Record unless the Party offending shall pay the same and also receive the said Servant if Living and him to maintain during the whole time the said Servant had to serve But if any Servant through wilful Misbehaviour shall happen to have the French POX Yaws or any other Disease broken Bones Bruises Sickness Impediment or Imprisonment he or she shall serve their Masters or Mistresses double the Time thereby neglected and also for all Charges occasioned by reason thereof at Ten shillings per Month after their Time by Indenture or otherwise be expired and also Masters or Mistresses of Servants who shall receive unjust Molestation by complaints or Suits of Law shall have the same Remedy for their Expences and Loss of Time That no Servant be Whipt Naked without Order of a Justice of Peace upon Penalty of Five pounds to be Recovered by the Party Injured by Action of Debt in any Court of Record And whosoever shall not give to each White Servant Weekly four pounds of good Flesh or four pounds of good Fish together with such convenient Plantation Provision as may be sufficient shall forfeit to the Party Injured Ten shillings for each Offence And whosoever shall not Yearly give to each Servant three Shirts three pair of Drawers three pair of Shooes three pair of Stockings and one Hat or Cap and to the Woman proportionably shall forfeit to the Party Injured forty shillings That no Master Mistress or Overseer shall cause or suffer any Christian Servant to be Buried or Interred until the Body of such Servants shall be viewed by a Justice of the Peace Constable or Tything-man or by two such Neighbours as the said Justice Constable or Tything-man shall choose and appoint on Penalty of Twenty pounds currant Money of this Island unless such Person died Ten Miles from the Dwelling of a Justice Constable or Tything-man and hath been viewed by two of the next Neighbours and in default of Neighbours by two of the same Family or that the said Justice Constable Tything-man or Neighbours have not within Six Hours after Notice given come to view the Dead Body and whosoever upon Notice given and Request made to view such Dead shall not within four Hours after such Notice repair to the view or on the view finding any suspitious Tokens of the Bodies unlawful Death shall not forthwith give Notice to the Coroner or in Default of a Coroner of that Parish to the next Justice of the Peace shall forfeit Ten pounds which Justice in such Cases is hereby empowered to act as a Coroner That whosoever shall entertain a Servant knowing the same to be so shall forfeit for every Day and Night after the first five pounds and not knowing him to be a Servant Twenty shillings for every Day and Night after the first so that the whole exceed not treble the value of the Servants time remaining to be served with the Master or Mistress Provided that this Clause extend not to Servants by Contract made in this Island but such as are attested by a Justice of the Peace nor to such as entertain any as bring a Certificate of their Freedom attested under the Name of a Justice of Peace though the same be false and forged or for any other Person whose Name the bringer personateth but such forger falsifier personater or bringer and every one of them shall be set in the Pillory and lose his Ears on Conviction thereof in the Supream Court of Judicature But whosoever shall entertain a Servant any time if the said Servant shall be Drunk Trade or Gain during the said Time shall forfeit the Sum of Twenty shillings the one half to the Parish where the Offence shall be committed and the other half to the Informer to be levyed by a Warrant from any Justice of the Peace And also if a Servant or Hired Labourer shall be guilty of hiding or entertaining any Person 's Servant or Slave he shall forfeit one Years Service to the Master or Mistress of such Servant or Slave or receive Thirty Nine Lashes on the Naked Back at the Election of the Party Injured to be ordered by any Justice of the Peace to any Constable in the Precincts That no Person shall Ride Load or Carry on his Employers Horses Cattle Carts and Carriages or willingly suffer the same to be done any Goods or thing whatsoever other than the Masters or Mistresses without such Master or Mistresses Consent on Penalty of Three Months Service for each and every such Default And all Constables and Tythingmen are to be diligent in Apprehending and Searching for Run-aways on Penalty of Twenty pounds for every Neglect and upon the Apprehending of Run-aways if the Master or Mistress be known the Servant shall be carried to the Masters or Mistresses nearest home on Penalty of Forty shillings if not known to the next Common Gaol and the bringer to receive of Master Mistress or Gaoler Eight pence per Mile so as
His Majesties Dominions and Territories and whereas not only against such Treaties of Peace made by His Majesty with his Allies but also contrary to His Majesties Royal Proclamation several of his Subjects have and do continually go off from this His Majesties Island of Jamaica into Foreign Princes Services and Sail under their Commissions contrary to their Duty and good Allegiance and by fair means cannot be restrained from so doing 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 Publication hereof it shall be Felony for any Person which now doth or within four Years last past heretofore hath or hereafter shall Inhabit or belong to this Island to serve in America in an Hostile manner under any Foreign Prince State or Potentate or any Employed under any of them against any other Foreign Prince State or Potentate in Amity with His Majesty of Great Britain without special License for so doing under the Hand and Seal of the Governour or Commander in Chief of this Island for the time being and that all and every such Offender or Offenders contrary to the true intent of this Act being thereof duly Convicted in His Majesties Supream Court of Judicature within this Island to which Court Authority is hereby given to hear and to determine the same as in other Cases of Felony shall suffer pains of Death without Benefit of the Clergy Provided nevertheless that this Act nor any thing therein contained shall extend to any Person or Persons which now are or have been in the Service or Employment of any Foreign Prince State or Potentate whatsoever that shall return to this Island and leave and desert such Service and Employment before the first day of January next ensuing rendring themselves to the Governour or Commander in Chief for the time being and giving him such Security as he shall appoint for their future good behaviour and also that they shall not depart this Island without the Governours Ticket And for the better and more speedy Execution of Justice upon such who having Committed Treason Piracies Felonies and other Offences upon the Sea shall be Apprehended in or brought Prisoners to this Island Be it further Enacted by the Authority aforesaid That all Treasons Felonies Piracies Robberies Murthers or Confederacies committed or that hereafter shall be committed upon the Sea or in any Haven Creek or Bay where the Admiral hath Jurisdiction shall be Inquired Tryed Heard Determined and Judged within this Island in such like form as if such Offence had been Committed in and upon the Land and to that end and purpose Commissions shall be had under the Kings Great Seal of this Island directed to the Judge or Judges of the Admiralty of this Island for the time being and to such other substantial Persons as by His Majesties Governour or Commander in Chief of this Island for the time being shall be named or appointed which said Commissioners or such a Quorum of them as by such Commission shall be thereunto Authorized shall have full Power to do all things in and about the Inquiry Hearing Determining Adjudging and Punishing of any of the Crimes and Offences aforesaid as any Commissioners to be appointed by Commission under the Great Seal of England by virtue of a Statute made in the Twenty Eighth Year of the Reign of King Henry the Eighth are Impowered to do and execute within the Kingdom of England and that the said Offenders which are or shall be Apprehended in or brought Prisoners to this Island shall be liable to such Order Process Judgments and Execution by virtue of such Commission to be grounded upon this Act as might be awarded or given against them if they were proceeded against within the Realm of England by virtue of any Commission grounded upon the said Statute And all Tryals heretofore had against such Criminal or Criminals before any Judge or Judges by virtue of such Commission or Authority at any time heretofore granted and all Proceedings thereupon are hereby Ratified Confirmed and Adjudged Lawful and all such Judges with all and every the Inferiour Officers that have Acted thereby are hereby indemnified to all intents and purposes whatsoever and in case they or any of them shall at any time hereafter be sued vexed molested or troubled for any such their proceedings as aforesaid he or they so sued vexed or molested shall plead the General Issue and give this Act in Evidence any Law Statute Custom or Usage to the contrary in any wise notwithstanding And Be it further Enacted by the Authority aforesaid That all and every Person or Persons that shall any way knowingly Entertain Harbour Conceal Trade or hold any Correspondence by Letter or otherwise with any Person or Persons that shall be deemed or adjudged to be Privateers Pirates or other Offenders within the Construction of this Act and that shall not readily endeavour to the best of his or their Power to Apprehend or cause to be Apprehended such Offender or Offenders shall be liable to be Prosecuted as Accessaries and Confederates and to suffer such Pains and Penalties as in such Case by Law is provided And for the better and more effectual Execution of this Act Be it further Enacted by the Authority aforesaid That all Commission-Officers in their several Precincts within this Island are hereby required and empowered upon his or their knowledge or Notice given That any Privateers Pirates or other Persons suspected to be upon any unlawful Design are in any place within their respective Precincts to raise and levy such a Number of well Armed Men as he or they shall think needful for the Seizing Apprehending and carrying to Gaol all and every such Person or Persons and in case of any Resistance or Refusal to yield Obedience to His Majesties Authority it shall be Lawful to kill or destroy such Person or Persons and all and every Person or Persons that shall Oppose or Resist by striking or Firing upon any of the Commanded Parties shall be deemed taken and adjudged as Felons without Benefit of the Clergy and every such Officer that shall omit or neglect his Duty herein shall forfeit Fifty pounds currant Money of this Island for every such Offence 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 one Moyety thereof to be to our Soveraign Lord the King his Heirs and Successors for and towards the Support of the Government of this Island and the Contingent Charges thereof and the other Moyety to the Informer and all and every Person or Persons that upon Orders given him or them shall refuse to repair immediately with his or their Arms well fixed and Ammunition to such place or places as shall be appointed by the said Officer and not readily Obey his Commands in the Execution of the Premisses shall be liable to such
settlers in particular who have expended great sums of Money in planting thereabouts for prevention of so great and growing a mischief be it therefore Enacted and Ordained by the Governour Council and Assembly and it is hereby Enacted and Ordained by the Authority of the same that the Governour or Commander in chief for the time being do issue out a Commission in the nature of a Commission of sewers under the Broad Seal of this Island thereby constituting and appointing twelve good and sufficient Freeholders such as the Governour or Commander in chief as aforesaid with the Major part of the Councel shall think fit to nominate and choose out of the Parishes of St. Catherines and St. Andrews whereof five shall be a Quorum and one of which five shall be a Justice of the Quorum thereby giving and granting unto them or any five or more of them full power and Authority to assess lay and receive a reasonable Tax upon the Lands or Negroes or upon both as to the said Commissioners or to any sive or more of them shall seem just and convenient of all Persons whatsoever who have any Lands bounding any ways upon the said River or upon whosoever shall receive Advantage by clearing the said River towards the clearing the Old Channell or by turning the present Course of it some other way as upon a due survey of the premisses shall seem most necessary and which may be done with the least Charge or prejudice to any Person and that the limits of the said Commission to Tax be and extend upon all the Lands bounding on both sides of the River from the Plantation of Henry Molesworth Esq commonly called Cow-park unto the Mouth of the said River where it falleth into the Sea And be it further Enacted by the Authority aforesaid That every such Person as shall be named a Commissioner in the said Commission after he hath knowledge thereof shall take his Corporal Oath to lay a reasonable Tax upon all the Lands or Negroes or upon both as aforesaid and that he will to the best of his Skill and Knowledg execute the said Commission which Oath shall be taken before the Governour or Commander in Chief or before whom by the Kings Writ of Dedimus Potestatem he shall appoint or before the Justices of the Peace in the Quarter Sessions of the Precincts where any of the said Commissioners shall reside and whosoever of the said Commissioners shall refuse to take the said Oath shall forfeit the sum of Five pounds And further That whosoever shall wilfully fall any Trees or cast or suffer to be cast the same as also any Pane Trash or other Rubbish whatsoever into the said River or into any other River or Gully that shall come into the same whereby the said stop shall be any wise increased shall forfeit for every such Offence the like sume of Five pounds both which forfeitures shall be one third part to Our Soveraign Lord the King His Heirs and Successors for and towards the Support of the Government of this Island and the contingent Charges thereof and the other two thirds to whomsoever shall sue for the same towards the Expence of Preventing the Overflowing of the said River or towards the cutting of a new Channel as aforesaid and that each of the said Commissioners that shall meet and sit as aforesaid shall for each day they so sit receive towards their Expence Five shillings per Diem out of the said Moneys to be levied as aforesaid And be it further Enacted by the Authority aforesaid That the said Commissioners unto whom the Commission as aforesaid shall be directed or any Five or more of them by vertue of the said Commission and of this present Act shall have full power and Authority to See Survey and View the said Lands as do use to be o'reflown or any part of them and all the said Lands and Negroes or their several Owners who possess any Lands or Negroes within the Bounds and Limits aforesaid to Tax Rate Assess and Charge with such Sum and Sums of money as well for the present clearing of the Old Channel of the said River or for the making a new if it shall be found necessary as also for the keeping of it clear after it shall be cleansed or turned another way and that the said Commissioners or any Five or more of them shall and may make and appoint diligent and able Surveyors Collectors and Overseers and such other Officers as they shall think fit to Survey and Oversee and to Levy Receive and Lay out the Money to be Levied and Expended in and abour the premisses and to do and execute whatsoever shall be needful and expedient to be done therein according to the directions and Orders which shall from time to time be prescribed by the said Commissioners or any Five or more of them and to allow them for their pains what shall be thought reasonable and also that it shall and may be lawful for the said Commissioners or any Five or more of them by Warrant under their hands and Seal to Command the taking of any Cart Wain or Negroes of any Person within the Bounds and Limits of the said Commission to help towards the clearing and removing the Premisses or toward the making a new Channel Provided always that the Owners of such Carts Waines or Negroes are not then making Sugar and that they take not above five Negroes for a Week out of a Plantation and a Wain or Cart for the same time and that the Owners of such Carts Waines or Negroes that shall be so employed be allowed out of their respective Taxes what shall be thought reasonable for the hire of them by the said Commissioners as aforesaid And be it Enacted by the Authority aforesaid that it shall and may be Lawful for the said Commissioners or any Five or more of them by Warrants under their hands and Seals to give Authority to any Person or Persons to Levy the said Sums of Money by them from time to time to be Assessed upon the Persons Lands or Negroes or upon all or any of them as aforesaid by distress and sale of the Goods of such Person or Persons that shall not pay or refuse to pay the same and the Overplus of the value rising upon such sale shall return to the Owner of the same and in default of such distress to be taken and sold it shall and may be Lawful for such Collectors as shall be appointed by the said Commissioners or any Five or more of them to sue the Factor or Attorney of such Person or Persons as have Lands lying within the Limits aforesaid And that all Constables Marshals and Tything-men be Aiding and assisting in the levying all such Taxes as shall be assessed and levyed as aforesaid and that they receive Twelve Pence in the Pound for Levying the same And be it further Enacted by the Authority aforesaid that if any Action or Suit shall be brought against
the several Liquors and Goods aforesaid imported into this Island by way of Merchandize And be it further Enacted by the Authority aforesaid That every Merchant or other Person Importing any Wines or other Liquors into this Island shall being thereunto required by the Collector within Twenty Days after Landing make up Accounts and give Bonds in the Penalty of double the Value the same shall amount unto and upon such accompt so to be made up and Bond given as aforesaid shall be allowed after the rate of Ten Per Cent for Leakage and shall have time for Payment thereof as is hereafter Mentioned That is to say from the end and expiration of the first two Months from the making up such Accompts to pay one third part thereof and another third part at the end of the fourth Month and the remainder at the end of the Six Months And that every Hogs-head of Wine or other Liquors that shall not have full Seven Inches or above left therein and every Butt or Pipe not above Nine Inches shall be accounted for outs and the Merchant or Importer to pay no Custom for the same and in case of difference that may arise between the Importer or Master of the Vessel touching Leakage on Board and for Wines or Liquors that shall happen to Soure within the aforesaid Twenty Days the Person or Persons so aggrieved shall have a Warrant of Survey from the Naval Officer who is hereby impowered and required to grant the same and that returns of such Warrants to be granted as aforesaid shall be made upon Oath to the said Naval Officer and by him remitted to the Collectors Office in Order to the making up their Accompts with the Collector and better proving their Damage by Ill Stowage or otherwise and in case any such Merchant or Importer shall being thereunto required as aforesaid refuse to make up his Accompto and give Bonds as aforesaid he shall lose the benefit of the Ten Per Cent for Leakage and the time given for the payment of the Mony and if the Receiver shall be forced to Sue for the same and do recover the Defendant shall pay treble Damages And it is further enacted by the Authority aforesaid that if at the entry of any Ship or Vessel in the Naval Office it shall appear by the Masters report or otherwise that he hath imported any Madera Wines he the said Master or the Boat-swain shall take the following Oath which the said Naval Officer is hereby Impowered to administer I A. B. do swear that the Wines by me Imported were taken on Board at the Island of Madera and that I do not Directly or Indirectly know but that the said Wines are of the said Island without any mixture of the Wines of the growth of any of the Western Islands so help me God And if the said Master or Boat-swaine shall resuse to take the abovesaid Oath that then the said Wines so Imported shall be deemed and taken to be Wines of the Growth of the Western Islands and shall pay Customs accordingly And it is further Enacted and Declared by the Authority aforesaid That if all or any of the aforesaid Liquors or Goods lyable to the Duties aforesaid be Landed and afterwards Exported within Twelve Months after the Importation thereof that the Collector or Receiver shall discompt or repay unto the Owners or their Assigns half the Customs of the said Liquors and Goods according to the Rates before mentioned which the Collector or Receiver is to repay or compt on the Penalty of double the Sum for every such refusal to the Party aggrieved And it is likewise further Enacted and Declared by the Authority aforesaid that all Ships and Vessels coming from any Place to the Northward of the Tropick of Cancer to Trade within this Island shall respectively Pay for every Tun such Ship or Vessel shall contain and for every time they arrive one Pound of good and new Gun-powder and also all Ships and Vessels trading any way to the Southward of the Tropick of Cancer shall respectively pay for every Tun such Ship or Vessel shall contain One Pound of good and New Gun-powder once every Year and no more the same to be to our Soveraign Lord the King His Heirs and Successors for the publick use of this His Majesties Island And it it is likewise further Enacted and Ordained by the Authority aforesaid That the Collector or Receiver appointed for the receipt of such Gunpowder shall receive the same in Specie and not presume in lieu thereof to receive mony or any other consideration whatsoever upon Penalty of Twenty Pounds Currant mony for every such offence And it is likewise Enacted by the Authority aforesaid That if any Master or Commander of any Ship or Ships Merchant Factor Purser Mariner or any other Person whatsoever without the presence of the Collector or some Person appointed by him or notice given him or before his or their Regular entry made with the said Collector or payment of the Duty or Security given by Bond as aforesaid shall after Sun-set and before Sunrising put on Shoar or put into any Boat or Vessel in order to Landing any of the Liquors or any Goods contained or mentioned in this Act with an intent to defraud His Majesty of his Customs for the same the said Liquors and Goods shall be forfeited two Third parts 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 third part to the Informer or Seizer be it the Receiver his Agents or any other Person whatsoever the same to be recovered by Bill Plaint or Information in any Court of Record within this Island any thing in this Act or any other to the contrary notwithstanding And all manner of Persons are hereby required to be Aiding and Assisting to the Receiver his Agents the Informer Discoverer and Seizer of such Liquors or Goods so Landed or unladen contrary to the true intent and meaning of this Act. And it is hereby further Enacted by the Authority aforesaid That it shall and may be Lawful for the Receiver his Agents the Informer or Discoverer by Vertue of a Warrant from the Commander in Chief or any of his Majesties Justices of the Peace to that purpose first obtained with one Constable or more to search according to Law all manner of Houses Cellers Warehouses and Shops for such Liquors and Goods as they or any of them shall be Informed were carryed there to be concealed in prejudice to the true meaning of this Act and such Liquors and Goods so found shall be forfeited and Condemned in Manner and Form before mentioned Provided that the Search be made within Three days after Information And it is likewise further Enacted and Ordained by the Authority aforesaid That during the continuation of this Act the Collector or his Deputy give his or their attendance at his Office from Nine to