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.

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 with∣in this Island, as well in respect of the time as place for holding the same, and also directing the Marshals Pro∣ceedings, Be it Enacted by the Gover∣nour, Council, and Assembly, and it is hereby Enacted and Ordained by the Authority of the same, That the Judges of the Supream Court of Ju∣dicature for the time being, are here∣by fully Impowered and Authorized to have Cognizance of all Pleas, Civil Criminal, and Mixt, as fully and am∣ply, to all intents and purposes what∣soever, 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 Ve∣ga 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 Pre∣cincts of this Island, shall have Juris∣diction 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 Pre∣cincts, where the Justices of the Peace shall hold and keep the Quarter Sessi∣ons once every three Months, and that none of the said Courts be kept oft∣ner, 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 Chan∣cellour here for the time being upon application made to Grant a Justices to any of the Inferiour Courts, with∣in this Island, any thing herein con∣tained to the contrary notwithstand∣ing.

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 Jud∣ges directly nor indirectly shall ask, demand, or receive, any other pro∣fit, benefit or advantage, from any of the Clarks of the said Courts, or o∣ther Person whatsoever, under colour or pretence of such their Place, Of∣fice 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 or∣derly practising and proceeding in their said Courts, as fully and amply to all Intents and purposes whatso∣ever, 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 neg∣ligence or ignorance mistake his Cli∣ents 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 what∣soever, to pay unto the party ag∣grieved full Costs of Suit; and to the end that no Person shall be Damnifi∣ed by mistake of his Lawyer, for mat∣ter 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 Amend∣ments,

and shall not upon Arrest of Judgment or Writ of Errour for matter of Form only, reverse any Judgment whatsoever, And be it E∣nacted 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 Pe∣nalty of Twenty pounds Currant Mo∣ny 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 prose∣cuted 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 what∣soever, 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 in the Vale, and St. Johns, Sue as formerly in the Supreme Court for any Sum whatsoever, until they shall have Petty Courts Erected in their own Parishes, any thing in this Act to the contrary notwithstanding.

And it is further Enacted by the Authority aforesaid, That in all and every the Inferiour Courts within this Island, upon Summons duly served, and the Defendant not appearing, Judgment shall go by default in the same manner and form, as in the Su∣preme Court; Provided always that it is the true Intent and meaning of this Act, that as well in the Supreme Court as any other the Inferiour Courts within this Island, the Provost

Marshal or his Lawful Deputy shall appear in open Court and there depose upon Oath, that the Party or Parties against whom Judgment shall go by default, hath been legally Summoned Fourteen Days before the said Court, any thing in this Act or any other to the contrary notwithstanding.

And it is likewise Enacted and Or∣dained by the Authority aforesaid, that upon any Declaration exhibited in debt upon specialty or Bill under hand, or in case of a book Debt upon a Concessit Solvere and disclosing the special matter to the Chief Judge of the Supream Court, of Judicature that the said debtor against whom the Plaint is entred is either gone off this Island, or that upon process already taken out against him, a Non est Inven∣tus hath been returned, an Attach∣ment shall then Issue, thereby com∣manding the Provost Marshal, or his lawful Deputy to attach such Monys Goods, Chattels, or Debts in the hands of the Possessors of the same, be

they Attorney, Wife, Servant or any other Person, and also require them to appear at the next Court, to shew Cause, why the said Money, Goods, Chattels or Debts, or so much thereof as will satisfie the said Debts then demanded, should not be delivered to the Plaintiff; at which Day, if the said Possessor or Debtor, be they At∣torney, Wife, Servant, or other Per∣son, as aforesaid, be convicted by Confession, Verdict, or otherwise, that the said Moneys, Goods, Chat∣tels or Debts do properly belong to the person so gone off this Island, or otherwise absented himself as afore∣said, and if the Plaintiff before or after due proof made, do solemnly swear in open Court, that his Debt is true, and that directly or indi∣rectly no part or parcel of what he demanded is satisfied, and also give in Security in double the Sum he de∣mands, to restore the same with treble Dammages, or so much thereof as shall at any time afterwards be disproved, that then and in all such

Cases the Plaintiff shall have Judg∣ment to recover the said Debt out of the said Money, Goods, Chattels or Debts so attached as aforesaid.

Provided always, That if any will appear as Attorney to the said Debtor and put in Bail to answer the Action and pay the Condemnation, that then and in all such Cases the Attachment on the said Money, Goods, Chattels or Debts shall be dissolved, and Pro∣ceedings had according to the Custom of the Common Law, but if the Possessor or Owner of such Money, Goods, Chattels or Debts, be they Attorney, Wife, Servant, or other person, as aforesaid, shall after At∣tachment so laid on them in the re∣spective hands dispose of the said Money, Goods, Chattels, or Debts, towards the payment of any other Debts, before the said Debt, for which the Attachment was laid, be satisfied, or the said Attachment be dissolved, that then and in all such Cases the said Party, for such their

Default, shall be liable to make satisfa∣ction to the Plaintiff out of their own proper Estates.

And be it further Enacted and Or∣dained by the Authority aforesaid, That in all Debts not exceeding Forty Shillings, upon Complaint made to any Justice of the Peace, that the Debtor against whom he complaineth is gone off this Island, or otherwise absented himself, that then it shall and may be lawful for the said Justice of the Peace to issue out a Warrant of Attachment to be levied by the Con∣stable, in manner and form as is be∣fore prescribed, to the Provost-Mar∣shal for the Execution of the Writ, and to be immediately determined by the said Justice, any Clause in this Act or any other to the contrary not∣withstanding.

And be it further Enacted and Or∣dained by the Authority aforesaid, That all Summons and other Process hereafter mentioned shall be served

and executed in manner and form, as is herein directed, and in no other manner or way whatsoever, (that is to say) That all Summons as well from the Supreme Court as all other the Inferiour Courts within this Island, Port-Royal only excepted, shall be delivered to the Party, or left at their respective Dwellings fourteen days before the several Courts by a sworn Marshal, and that at Port-Royal all Summons shall be delivered ten days before the Courts, otherwise it shall be deemed and taken as no Ser∣vice, and the Defendant not bound by it to appear; and that all Reple∣vins, Foreign Attachments at the Su∣preme Court and Warrants of Arrest be served at any time as heretofore, and that no Execution shall be taken out, served or executed until Twenty Eight Days be fully expired after Judgment, except at Port-Royal, where Execution shall issue Ten Days after Judgment obtained, and that no Negroes, Horses, or any manner of Utensils belonging to a Plantation,

Brick or Pot-work, nor any other Negroes whatsoever, from and after the making hereof shall be taken in Execution, where the Party against whom the Execution is obtained, shall offer Goods for satisfaction of the Debt and Costs of Suit.

And it is further Enacted, That the said Defendant who hath his Goods taken upon Execution shall have free liberty to convey and carry off the Goods so taken at his own proper Costs and Charges to the next and most convenient place and Market for disposal of the said Goods, and there shall have free power and liberty to make Contracts, bargain for and sell the Goods so taken in Execution, the Defendant first acquainting the Marshal who levied the Execution upon the Goods, with such Bargain or Contract, to the end the Marshal may deliver the same, and receive the Produce thereof according to his Pre∣cept.

And it is further Enacted by the Au∣thority aforesaid, That if the Defen∣dant, after his Goods shall be so taken in Execution as aforesaid, shall delay or neglect selling or disposing of the Goods until ten days before the next ensuing Court, that then and in all such Cases, it shall and may be lawful for the Marshal to take the said Goods and Chattels of the Defen∣dant, and the same to sell by publick Outcry.

And it is further Enacted by tho Authority aforesaid, That where no such Goods as aforesaid shall be shewn and offered to the Provost-Marshal, so that the Negroes, Working-Cattel, or necessary Utensils must be taken in Execution, that then and in all such Cases the said Negroes, Horses or U∣tensils shall not be removed, but re∣main still in the Defendants possession, and that upon the Marshals return at the same Court as aforesaid, that he hath levied such Effects and left them in

the Defendants hands, there issue out a Venditioni Exponas, without any charge of Mile-money, in these words following:

The King to the Provost-Marshal, Greeting,

WHereas We lately commanded thee by Our Writ, That of the Goods and Chattels real and per∣sonal of A. B. thou shouldest levy or cause to be levied as also Costs of Suit which C. D. hath recovered against him, By Vertue of which Writ thou didst return unto Ʋs, that thou hadst taken in Execution of the Goods of the said A. B. to the Value of the said Debt and Costs of Suit, which said Goods remain in the Custody of the said A. B. by thee in form as afore∣said taken, thou expose to sale, and the Money thereof coming thou imme∣diately render to the said C. D. for his Debt or Dammages and Cost as afore∣said, but if the Goods aforesaid shall

be imbezell'd or made away, or that the said A. B. doth not deliver the same, that then thou levy the said Debts or Dammages and Costs upon any other the Goods and Chattels of the said A. B. and immediately expose them to sale, and if thou canst not find sufficient Goods or Chattels, by which the whole Debt or Dammage and Costs may be satisfied, that then you take the Body of the said A. B. and him safely keep, so that thou have his Body before Ʋs, at Our next Court, to satisfie the said C. D. of the said Debt or Dammages and Cost, or so much thereof as by thee cannot be levied, and have thou then and there this Writ. Witness, &c.

By vertue whereof the said Goods shall be sold by publick Outery at the next Court of the Precincts, where the Goods are taken, and if they are so arrested or taken in the Parish of St. Catharines, St. Dorothy's, St. Tho∣mas in the Vale, or St. John's, until they shall have petty Courts of their own erected, Publication shall be

then made at the same Court, that the Return is made, that the said Goods shall be sold twenty Days after by publick Outcry in the Parade-place of St. Jago de la Vega, and the Mo∣ney arising from the said Sale shall not remain in the Marshals hands, but be paid to the Plaintiff, or his Order within ten days, under the Penalty of half the Debt to be recovered by the Plaintiff to his own Use, in any Court of Record within this Island, where no Essoin, Prote∣ction, or Wager of Law shall be allowed.

And it is further Enacted by the Authority aforesaid, That where the Person against whom such Execution is issued hath not the Goods afore∣mentioned in this Act by him to shew and offer to the Marshal within the time prescribed, that nevertheless the Marshal shall not lay the Execution upon any Negroes, Working-Cattel, or Utensils upon or belonging to any Plantation, Brick or Pot-work, or

any other Negroes whatsoever, if the Defendant shew or deliver to him any other Stock or Cattel being in a Pen, the said Cattel or Stock to be sold by publick Outcry, upon Venditioni Ex∣ponas, to be issued as aforesaid.

And it is further Enacted and Or∣dained by the Authority aforesaid, That all Accidents that happen, whilst the Goods that are taken in Execution, remain in the Defendants possession, be born and made good by the De∣fendant, and that no property shall be by the Defendant transferred or made in or to any such Goods that shall be so taken in Execution by vertue of this Act. Provided always and it is hereby further Enacted and Declared, That where the Body of the Defen∣dant shall be taken in Execution, that nevertheless if any Effects afterwards appear, the Plarntiff may take out another Execution, and levy the same on the said Effects, for satisfaction of the said Debt, any Law, Cu∣stom or Usage to the contrary not∣withstanding.

And it is further Enacted by the Authority aforesaid, That where any Prisoner or Prisoners under Execution, shall have nothing to maintain him, her or themselves, that then he, she or they disclosing the same upon Oath unto two Justices of the Peace of the Parish where he, she or they shall be Prisoners, and making it ap∣pear to the Judges of the Supreme Court, that he, she or they have given notice to all their Creditors ten days before the said Court, that they or either of them intend to take the be∣nefit of this Act, bringing likewise to the said Court a Certificate of such their Oath under the Hands and Seals of the said Justices, that then the Prisoner or Prisoners so taken in Exe∣cution shall be publickly let to hire at the said Court, the Marshal receiving for his Fees a proportionable share with the other Creditors, and the Money so arising from the said Hire shall be paid to such persons, as the Court shall appoint, to be equally

divided among the Creditors as afore∣said, but in case any Creditors shall refuse to consent to letting the said Prisoner or Prisoners to hire, that then such Creditor shall pay or cause to be paid to the said Prisoner or Prisoners Three Shillings and Six Pence Weekly. Provided always and it is hereby Enacted, That if any Prisoner or Prisoners so let to hire shall at any time afterwards come to have or enjoy an Estate, having not first satisfied their Debts, that then at all times hereafter the Judgment obtained against him, her or them shall remain good and in force, and another Execution shall be taken out and levied against the Goods and Chattels of the said Prisoner or Pri∣soners, wheresover. they shall be found.

And be it further Enacted by the Authority aforesaid, That if the Pro∣vost-Marshal by himself or any of his Deputies shall levy any Execution in any other manner than what is

herein before declared, or shall ask, demand or receive any Mile-money for the Executing any Writ of Exe∣cution or Venditioni Exponas, shall forfeit One hundred Pounds currant Money of this Island for every such Offence, to be recovered in any Court of Record within this Island, wherein no Essoin, Protection or Wager of Law shall be allowed, the one Moity 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, the other Moity to the party aggrieved.

And it is further Enacted by the Authority aforesaid, That the several Fines, Forfeitures and Penalties before∣mentioned in this Act, and not decla∣red how they shall be disposed of shall be recovered in any Court of Record within this Island, wherein no Essoin, Protection or Wager of Law shall be allowed, the one Moity whereof shall

be to Our Soveraign Lord the King, His Heirs and Successors, for and to∣wards the support of the Government of this Island and the contingent Charges thereof, and the other Moity to the Informer, or he that shall sue for the same.