The laws of Jamaica passed by the assembly, and confirmed by His majesty in council, Feb. 23. 1683 : to which is added, A short account of the island and government thereof, with an exact map of the island.

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Title
The laws of Jamaica passed by the assembly, and confirmed by His majesty in council, Feb. 23. 1683 : to which is added, A short account of the island and government thereof, with an exact map of the island.
Author
Jamaica.
Publication
London :: Printed by H. Hills for Charles Harper ...,
1683.
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"The laws of Jamaica passed by the assembly, and confirmed by His majesty in council, Feb. 23. 1683 : to which is added, A short account of the island and government thereof, with an exact map of the island." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A46390.0001.001. University of Michigan Library Digital Collections. Accessed May 14, 2024.

Pages

Page 115

An ACT For Regulating Building, and preventing Fire.

BE it Enacted by the Governour, Council, and Assembly, and it is hereby Enacted by the Authority of the same, That no Person whatsoever presume to Build any House at Port-Royal within thirty Foot of the High-Water Mark, and that when any House or Houses are already Built, or hereafter shall be Built, on the Har∣bor side nearer than thirty Foot of the High-Water Mark, the Wherry Place only accepted, such House or Houses so Built or to be Built, shall and are hereby adjudged, deemed and taken to be publick Nusances, and the Proprietor or Proprietors of the same shall cause such House or Houses Built thereon to be taken down

Page 116

and removed within six Months after conviction thereof, or otherwise Build or cause to be Built within six Months a strong substantial Wharf, so as the same may make a firm Passage or way of Thirty Foot from High-Water Mark. Provided that no House shall be Built further Northward on the Harbour than Major Samuel Bach and Captain Anthony Swimmer on any Land Wharfed or to be Wharfed out between Fort James and Fort Carlisle, but that all Land so made out of the Harbour, or to be made, shall remain unbuilt on.

And be it further Enacted and Decla∣red by the aforesaid Authority, That when any Fire shall happen to break out either at Port-Royal, or at any other Town already Built, or which here∣after shall be Built within this Island, that two or three of the Chief Military or Civil Officers of the same Town or Parish shall or may and hereby are Empowered to give all such directions for the Pulling down or blowing up

Page 117

any such House or Houses, that shall be by them adjudged meet to be pul∣led down or Blown up for the stopping and preventing the further spreading of the same, and if it shall happen that the pulling down or blowing up any such House or Houses by the directi∣ons aforesaid, shall be the Occasion of stopping the said Fire, or the Fire stops before it comes to the same, then all and every Owner of such House and Houses shall receive Satis∣faction, and be paid for the same by the rest of the Inhabitants, whose Houses shall not be Burnt, who are hereby empowered to make such Rate or Rates for the raising and Levying such Sum and Sums of Mony as shall be thought convenient by the Justices and Vestry men of the Parish.

Provided always, That if that House where the Fire shall first begin and break out shall be Adjudged fit to be Pull'd down to hinder the further spreading and increase of the same, that then the Owners of such House

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shall receive no manner of satisfaction for the same, any thing in this Act or any other Act to the Contrary Not∣withstanding.

And whereas it may be doubted that the Sea may encroach upon the Southward part of the Town of Port-Royal for the prevention whereof be it Enacted by the Authority aforesaid that all Proprietors or Owners of Land or Houses their Factors, Agents, Attorneys, and Guardians, of Chil∣dren, or any Persons employed by them, or any of them that are Interested on the Southermost part of Port-Royal from Fort Rupert to the House and Land now Inhabited by one Edward Watkins, and known by the Sign of the Blew Bell, be hereby Enjoyned and Obliged by this Act within twelve Months after Publication here∣of Substantially to Wharf out, and Se∣cure and keep Secured their respective Proportions of Land joining on the Sea, with substantial Wharf of lasting Timber at least one Foot into the Sea,

Page 119

under the Penalty of Ten Pounds cur∣rant Money of this Island, for every Year any such Person or Persons shall Neglect the same, one third part thereof to our Soveraign Lord the King his Heirs and Successors, for and towards the Support of the Govern∣ment of this Island and the contingent Charges thereof, one third part to the Church-Wardens of the Parish of Port-Royal for the time being, for the use of the Poor, and the other third part to the Informer or he that shall Sue for the same, in any Court of Re∣cord within this Island, wherein no Essoin, Protection, or Wager of Law shall be allowed.

And that the Owners or Proprietors of such Land or Houses as aforesaid may be the better Encouraged to Wharf out as is before appointed, the Street now called the Church Street, shall be no more deemed, accounted or taken for a Street, but shall be Added or Annexed to each Propriety and Freehold in Proportion to their

Page 120

Respective Interest bounding upon the same, for which Consideration they are hereby Obliged to leave a Passage at least eighteen Foot open to the Sea.

Provided that nothing in any Clause of this Act shall Permit and suffer any Person or Persons whatsoever, to Build any House nearer to the Church on the South-side, than what are already Built for the whole length of the Church aforesaid.

And be it further Enacted by the Authority aforesaid, That no Person or Persons do fetch or cause to be fetched in any Boat, Vessel, or Canoa, from the Riffs or Shoals, or dig up any Stones below High-Water Mark from the Eastermost and Southermost Parts of any of the Cays lying off Port-Royal, and that no Stones simall or great be fetched or taken up for balast or any other use from the Eastermost side of the Point on Port-Royal, so far as Plum-Point on Penalty of Ten Pounds for every such offence, and that no Commander and Master of any Ship or Vessel cast or

Page 121

hoist out any Ballast overboard into the water within the Harbour of Port-Royal, or any other Harbour or Bay upon the Penalty of Twenty Pounds for every such offence.

And be it farther Enacted, that no Wreeks be laid up within the Har∣bour of Port-Royal, or if any such 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 men∣tioned in this Act, and not declared where they shall be recovered and how disposed of, be one third to our Sove∣raign Lord the King, his Heirs & Suc∣cessors, for and towards the support of the Government of this Island & Con∣tingent Charges thereof, one third to the Church-Wardens for the use of the

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Respective Parishes, and one third to the Informer to be recovered by Acti∣on 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 com∣ing 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 Au∣thority 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

Page 123

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 com∣mitted, and the other half to the Master or Commander that shall Prosecute for the same, to be recovered by a War∣rant from a Justice of the Peace, as in cases of Debt not exceeding Forty Shillings.

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