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 28, 2024.

Pages

Page 166

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 what∣soever, 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 De∣ceased, or by the Husbands in Right of their Wives, or by the Endors∣ments or Delivery up of Patents, or by any Decrees in Chancery, or by any Last Wills and Testaments, or by any Patent Granted upon Judg∣ment given in Writs of Escheat or Cessavit, and the said Person or any claiming under them now being in

Page 167

Possession of the same, be by this present Act Ratified, Confirmed, and Declared good and Legal to all In∣tents and Purposes whatsoever; Pro∣vided 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 per∣petual Bar against all manner of Per∣sons 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 De∣clared by the Authority aforesaid, That in all Writs of Escheat here∣after to be Granted, the Provost Mar∣shal be commanded to Inquire by a Jury of Twelve Free and Lawful Men

Page 168

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 Re∣corded, It be Lawful for the Gover∣nour for the time being, or in his ab∣sence, 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 him∣self 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 Trea∣sury of this Island, after the Expirati∣on of Three Years from the Date of the Patent, If no Heir in the mean time shall Obtain the same, by such

Page 169

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 Re∣ceiver, 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 Him∣self to be Heir, before any other Pay∣ment whatsoever, which Proof of the Heirs Title shall be made by any pub∣lick 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

Page 170

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 Paten∣tees, all such Charges, as the Chancel∣lour for the time being, shall judge to be reasonably Expended, together with the Interest of the same, accord∣ing to the Custom of this Country, any thing herein contain'd to the Contrary notwithstanding.

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