The laws of Barbados collected in one volume by William Rawlin, of the Middle-Temple, London, Esquire, and now clerk of the Assembly of the said island.

THE LAWS OF BARBADOS.

An ACT for Printing the Laws of the Island of Barbados, Contained in the Ensuing Volume.

FOrasmuch as nothing more conduceth to the Well-being, Support, Tranquility and Benefit of any Place and People, than the Pre∣servation of their Laws, and the Knowledge of them; and dai∣ly Experience having manifested innumerable Inconveniences that this Island have suffered for so many Years past, by not having the Laws of the Island (by which they are to be regulated and governed, their Lives preserved and their Estates secured to them and their Posterity) made publick and open to the ready View of all the Inhabitants, for want of which, many Persons of great Authority in this Government not being ac∣quainted with all the Laws that are kept in Offices, or, if known, not to be had on suddain Occasions; for want of which also, it often happens in the Multitude of Copies which are taken from the Offices, great Va∣riations and Aberrations are made by heedless and unskilful Transcribers from the Original Laws, and these Copies being obtruded upon Tryals for Authentick, have been the Cause of Unjust and Illegal Determina∣tions.

And forasmuch as all our Laws on Record have often been in great Danger to have been wholly lost both by Hurricane and Fire, for Re∣medy of which, and Prevention of many other Inconveniences for the future, and that Rich and Poor may equally have the advantage of free Recourse to the Laws of the Island, as well the Inhabitants, as all other Persons in Parts remote, who have Estates and Interests depending on them, and that the Laws may be collected into one intire Volume:

Be it Enacted by his Excellency the Honourable Ralph Grey, Esquire, Captain General, and Chief Governour of this and other the Carribee Islands, the Honourable the Members of his Majesty's Council, and Ge∣neral Assembly of this Island, and by Authority of the same, that the Body of the Laws Collected by William Rawlin, Esq. present Clerk of the Assembly, containing the Laws of the said Island (excepting such as

relate to particular Persons, being private Acts) be forthwith transmitted by the said William Rawlin, or his Assigns into the Kingdom of England, in order to the Printing thereof.

And be it further Enacted by the Authority aforesaid, That the said Book of Laws when Printed as aforesaid, be, and shall be taken, deem∣ed and held a Good Lawful Statute-Book of the said Island of Barbados, in all Courts, and upon all Occasions whatsoever, as the Statute Book of the Laws of England is deemed, held and taken in that Kingdom. And that any Impression of the said Laws, which shall or may be made by any o∣ther Person or Persons whatsoever, and hither Imported, shall be of no manner of Force or Validity in any Courts, or on any Occasion or Oc∣casions within the Island aforesaid.

And be it further Enacted by the Authority aforesaid, That all and every Person and Persons whatsoever, that shall hither Import and ex∣pose to Sail any of the aforesaid Statute-Books not Printed by the said William Rawlin, his Executors, Administrators or Assigns, that he or they shall forfeit for each Book so Imported and Sold, the Sum of Forty Shil∣lings; one Moyety thereof to his Majesty, his Heirs and Successors, and the other Moyety to the said William Rawlin, his Executors, Administrators or Assigns, the same to be recovered before any Justice of the Peace with∣in this Island (as in Case of Servants Wages) due Proof being made thereof.

Provided always, and it is the true Intent and Meaning of this Act, that the said William Rawlin, his Executors or Assigns, within Two Years after the Publication hereof, shall be obliged, and are hereby obli∣ged to cause the said Laws to be Printed, and hither transmitted for the Use of the Inhabitants of this Island, he the said William Rawlin and his As∣signs, having the sole Benefit of the Impression and Sale thereof.

And be it further Enacted by the Authority aforesaid, That the said William Rawlin, or any other Clerk of the Assembly for the time be∣ing, have hereby full Power and Authority (while Clerk of the Assembly) to Print all Laws and Acts for the future, which shall be pass'd by the Governour, Council and Assembly.

Septemb. 7th, 1698. Read Three Times, and pass'd the Council Ne∣mine contradicente, and consented to by his Excellency.

Read, and pass'd the Assembly Nemine contradicente, this Seventh Day of September, 1698.

G. Payne, acting as Deputy Se∣cretary pro hac Vice.

William Rawlin, Cl. Assemb.

N ^o 1. An ACT or ORDER for the Compiling the Laws by Commissioners.

[Preamble.] WHereas by Virtue of an Act of this Island beating Date the Two and Twentieth Day of March, One Thousand, Six Hundred, Sixty and Six, It is Declared and Enacted, That all such Acts and Statutes as have been made at any time heretofore in time of Kingly Authority, and stand unrepealed, shall be of full Force and Virtue: And that also in the said Act it is Enacted, That we under-written should with all speed Collect and Compile together all the said Acts and Sta∣tutes, and that then they should be fairly entred and enrolled in the Se∣cretary's Office, and after published in the several Parish-Churches in this Island; as in and by the said Act expressly and more fully appear∣eth.

Now we the Persons by the said Act appointed as aforesaid, do certify, That the several and particular Acts and Statutes foregoing and comprehended in One Hundred Fifty and Three Sheets of Paper,* 1.1 are the only Laws and Statutes which we find either originally Made and Enact∣ed, or Revived, Collected, Amended and Confirm'd under the Govern∣ment of his now Majesty, or of his Royal Father, or Grandfather, of ever blessed Memories, and which we have Compiled to be Published ac∣cording to the said Act, as Laws of Publick Concern. And that all the Private Laws ought to be Enrolled, and ought to be of Force from their several Dates and Times (Two Acts only Excepted, wherein we the said Commissioners cannot determine which of them is Valid) both Im∣porting Customs on all the Commodities of this Island hence Exported, yet only one of them can be in force. The First of which Acts is intituled, An Act Importing the Customs, &c. Dated the Seventeenth of January, One Thousand, Six Hundred and Fifty; which was Made and Enacted by Governour, Council and the Representatives of this Island lawfully im∣powered by Commission from the Earl of Carlisle, thereto impower'd by Letters Patent from the King; and that Act we cannot say is Repealed, by reason that the other Act Dated the Twelfth Day of September, in the Year One Thousand, Six Hundred, Sixty and Three, Importing the Custom of Four and an Half per Cent. and intended to Repeal the for∣mer Act, is not free from Objections and Exceptions of several Persons, who conceive the Assembly which consented to that said last Act, was an Assembly not legally continued at the time of making the said Act.

We have therefore thought fit to make this Return unto his Excellency, Council and the Representatives now assembled, to the end a Determina∣tion therein may be made, as to their Judgments shall seem meet. Dated the 18 of July, 1667.

• ...Constant Sylvester,
• ...John Jennings,
• ...Richard Evans,
• ...Edmond Bowden,
• ...Philip Bell,
• ...Robert Hooper,
• ...Simon Lambert.

These ensuing ACTS to follow, were collected by the said Commissioners in pursuance of the former Order from the Books in the Office, and other such Books deemed to be faithfully collected; the Original Rolls being lost either in the Hurricane or Fire.

N ^o 2. An ACT for Officers putting in Security.

[Preamble.] WHereas the Inhabitants of this Island are truly sensible of the great and many Inconveniences which may redound unto them by reason of the Provost Marshal and other Officers Neglect and Care∣lessness in the due Execution of his and their Offices and Performance of Business incident thereunto, in regard that formerly there hath not been sufficient Security given to make good such Damages as the said Inha∣bitants do or shall sustain by them or their Substitutes. For Remedy whereof for the present, and prevention of the like Inconveniency for the future,

* 1.2It is hereby Enacted, Published and Declared, That no Trea∣surer or Marshal, either Provost or particular Marshal of any Court, be admitted or held capable to execute the Office of Treasurer or Marshal within this Island, without having first put in Security; such as against which, no Exception can be taken, to the Secretary for the time being, payable to the Governour and his Successors, for his honest and just De∣meanor in executing the said Office.

N ^o 3. An ACT appointing Security to be given by the Clerks, &c. of the several Courts within this Island.

IT is hereby Enacted, Published and Declared, That no Person or Persons shall hereafter be imployed or received into the Office of a Clerk in any of the several Courts in this Island, until they have taken an Oath before the Governour for the time being for their honest,* 1.3 true, faithful and careful Performance of their several Duty or Duties respe∣ctively incident to their several Places or Offices in the said Courts; and that they shall true Entry make of all such Actions, Orders, Records or other Matters, as they or any of them shall be commanded to enter by the Judge or Assistants of the said several Court or Courts. And that they shall not Raze,* 1.4 Deface or Imbezel any Action, Order or Record in any the said Courts, or alter any the same, either by Addition or Diminution of Words, without Advice, Direction, Assent or Consent of the Judge of the Court or Courts aforesaid. And that they shall well and safely keep all such Records and other Writings whatsoever, which shall be com∣mitted to their Custody or Trust, either by the said Judge, Justice or As∣sistants in any of the said Courts.* 1.5 And Further, until the said Clerk or Clerks have given Security to the Judge of the Court, such as is with∣out exception to satisfy any Party that shall be injured by his Dishonest Behaviour, if any be, such Damage as he shall thereby suffer.

Provided always,* 1.6 that this Act extend not to the priviledging of any Judge, Justice of the Peace, or other Person whatsoever, to add or alter, raze out, imbeazel or diminish any Record or Records which shall be kept in any of the Courts of this Island, upon penalty of the Laws of England in that case made and provided. Dated the 13th of March, One Thou∣sand, Six Hundred and Forty Eight.

N ^o 4. An ACT giving power to Church-wardens to make Sale of Lands, &c. and concerning Surplus of Land within old Bounds, &c.

[Preamble.] WHereas divers of the Inhabitants of this Island do find themselves grieved for want of the proportion of Land formerly sold them, the proportion sold being not contained within their old Bounds, which may in the future beget a great inconveniency, if in case upon Survey, they shall intrench each upon other, for the compleating of the propor∣tion of Land so wanting. For Remedy whereof in the future

[Clause I] It is hereby Enacted, Published and Declared, That no Person or Persons inhabiting on the said Island,* 1.7 shall hereafter incroach or intrench in or upon any Plantation or Plantations, within any parts of the old Bounds thereof, but are to expect his or their Satisfaction for their Land so wanting from the Person or Persons that last made Sale thereof respectively accor∣ding to their Bill of Sale.

[Clause II] And it is hereby Enacted, Published and Declared, That it shall and may be lawful for any Person or Persons inhabiting in this Island,* 1.8 to use and imploy any Sworn Surveyor, to lay out any Plantation or Land for any of the Inhabitants of the said Island, so often as they shall have oc∣casion; the said Surveyor not taking for the Survey above One Pound of Cotton for every Acre so by him Surveyed.

[Preamble.] And forasmuch as it is taken into serious Consideration, that the Le∣vies made by the Vestries of this Island for Church-dues, cannot be fully exacted and satisfied, unless the Church-wardens may have power to at∣tach the Land, where other Satisfaction cannot be found, and sell the same,

[Clause III] It is therefore hereby Enacted, Published and Declared, That it shall and may be Lawful, to, and for all and every Person or Persons,* 1.9 that are or shall be Church-wardens of any the Parishes of this Island, shall from henceforth have power granted in their Attachment for attaching and ap∣praising of any the Lands, and Housing of any the Person or Persons, that do or shall stand indebted upon any of their Parish Levies. And in case the said Persons shall not satisfy the said Levies and Arrears in some Merchantable Commodities; Then the said Church-wardens shall and may make Sale of any such Lands and Housing: And the same Sale shall stand good and effectual against the Heirs, Executors, Administrators and Assigns of the Person or Persons, for whose Dues the same was so at∣tached.

[Clause IV] Provided that in case the Party shall desire to redeem his Land, by satisfying the Levies and Arrears in Merchantable Commodities;* 1.10 then upon tender of such satisfaction by the Person or Persons, by the last Day of June next, after such Attachment and Appraisement, the same Attachment,

Appraisement and Sale, shall from thenceforth be frustrate and void, to all Intents and Purposes whatsoever. And all such Appraisements to be made by Four Able and Sufficient Men, and the Sales to be made by the Approbation of the Court of the Precincts where the Land lieth.

And whereas the common Complaints of many the Inhabitants of this Island, That Surveyors do usually lay Warrants on their Lands to take away a small Surplus of Lands thereunto belonging or adjoyning; whereby oftentimes it hath happened, that by means thereof the Pro∣vision of many People have been run out to their great Detriment and Damage, have been taken into Consideration: For Prevention of which Mischief for the time to come,

[Clause V] It is hereby Enacted, Published and Declared, That whatsoever Person or Persons within this Island,* 1.11 doth or shall enjoy Twelve Acres of Ground above one Hundred, within their reputed Lines, and no more, and so proportionably for any greater or lesser Quantity, shall enjoy the same without Molestation, or being taken from him by War∣rant.

[Clause VI] And that no Surveyor shall presume to come to the Plantation or Lands of any the Inhabitants of this Island with an Intent to run out the same without the Governour's particular Warrant to that purpose first had and obtained,* 1.12 and first acquainting the Owners of such Land therewith, upon Penalty of forfeiting Ten Thousand Pounds of Tobacco, and Im∣prisonment during the Governour's Pleasure, and made uncapable of exe∣cuting the Office of a Surveyor for the time to come.

[Clause VII] And it is further Enacted, That no surveyor shall directly or in∣directly make any Bargain or Contract for any Warrant to or with any the Inhabitants of this Island,* 1.13 for his own Benefit upon the Penalty afore∣said. Dated the 13th of March, 1648.

N ^o 5. An ACT for the Transcription and safe keeping of the Re∣cords.

[Preamble.] WHereas the Assembly having taken into mature and deliberate Consideration the unsafe keeping the Records of this Island, of which they have received several Complaints from the Country, be∣ing a Business of much Importance and Concernment to the Inhabitants thereof.

[Clause I] It is Enacted, Published and Declared, that the Secretary for the time being, shall forthwith draw an exact List of the several Books of this Island, to the intent the said Records be transcribed with all conve∣nient Speed,* 1.14 and kept by some Able Man to be nominated for the better preservation thereof, who hereby shall have power to cause the same to be Transcribed, and kept as aforesaid: And what Records shall hereafter be made,* 1.15 shall be sent to the said Chief Officer, by the Secretary from time to time for the intent aforesaid. Dated the Thirteenth of March, 1648.

N ^o 6. An ACT for Weights, Numbers and Measures.

[Preamble.] WHereas the Inhabitants of this Island have been much abused by false Weights, Measures and Numbers contrary to their Liberty, and the laudable Customs of the Commonwealth of England. For Pre∣vention whereor for the future,

[Clause I] Be it Enacted and Ordained by the Governour and Council, and with the Consent of the Gentlemen of the Assembly, That all Traders to this Island, and Store-house-keepers and others, do hereby take notice, that Six Months after publication hereof,* 1.16 all their Commodities and Mer∣chandizes shall be sold according to the Weights, Measures and Gages of Cask used and accustomed in the Commonwealth of England (that is to say) according to Winchester Measure, and according to the Gages of Cask, and Weights and Numbers used in the City of London, and by no greater or lesser, and what is bought there at one Hundred and Twenty to the Hundred, shall be so sold here.* 1.17 And whosoever shall directly or indirectly barter, vend or put off any Commodities by any other Weights, Measures, Gages or Numbers, shall forfeit double the value of the said Commodities so put off, and the Contract made therein, shall be void in Law, and irrecoverable in any Court within this Island.* 1.18 The said Forfeitures to be recovered in any Court of Record by Action of Debt, the half to the Publick Use, the other half to the Informer.

And for the better Observation hereof,* 1.19 a Table of the true and exact Weights, Measures and Numbers used in the Commonwealth of England, as afore expressed, shall be hanged up in the Secretaries Office, where all, whom it may concern, may repair, and have a view of the same. Dated the 21st of Decemb. 1652.

N ^o 7. An ACT to prevent frequenting of Taverns and Ale-houses by Seamen.

WHereas it hath been taken into consideration the great frequenting of Taverns and Ale-houses by the several Seamen arriving to this Island, and the great neglects by them committed in the Service of their respective Masters and Imployers, whereby the Affairs of the seve∣ral Ships are much hindered and prejudiced, and great Damage sustained, besides the unnecessary Expences of several the said Seamen in many the said Taverns and Alehouses: And by reason of the readiness of several loose People to trust them, which oftentimes the said Masters are forced to Pay or Satisfy, or else their Ships cannot Sail, and their Voyage hin∣dred and lost. For Prevention whereof for the future,

[Clause I] It is Ordained and Enacted by the Governour, Council and As∣sembly, that whatsoever Seamen shall be found on Shore after Eight of the Clock at Night,* 1.20 and shall not shew a Certificate for his so being on Shore, from the Master or Owner whom he serves, or cannot give a good Account thereof, shall be apprehended by the next Constable or Of∣ficer, and conveyed to the common Goal, or set in the Stocks at the dis∣cretion of the said Officer, and the next Morning be brought to the next

Justice of the Peace, who according as in his Discretion he shall see good, shall release him, paying of his Fees. And what Master of a Family within this Island that shall be found to receive or entertain such Seamen into their Houses after the time aforesaid, being not licensed thereto as a∣foresaid, shall forthwith on such Default, forfeit and pay unto the publick Treasury, to the publick Use of this Island, Fifty Pounds of Sugar, the same to be levyed by Warrant to the Constable from the said Justice of Peace directed.

[Clause II] And it is hereby further Enacted and ordained by the Authority aforesaid, that no Master or Commander of any Ship or Ships, shall be liable to pay any the Scores or Debts made by their respective Seamen in any Taverns or Ale-houses in this Island,* 1.21 but that all Persons so trust∣ing any such Seamen for Drink or Wines at any times, they having not Engagement for the same from their Master, shall be incapable of re∣covering the same in any Court of Record within this Island. January 10th, 1652.

N ^o 8. An ACT concerning Trespass done by Hogs.

IT shall be lawful for any Inhabitant of this Island, to kill or cause to be killed, any Hog or Hogs that shall come into his Provision, Ground or Canes, Cotton, Ginger or Tobacco; and them so killed, to weigh and ap∣praise and dispose of the same, as he pleaseth; and if he knoweth the Owner of them, then he is to pay him what they shall be appraised at, deduct∣ing the Damage that the said Hog or Hogs have done. For which purpose, and for the more easie proceeding therein, and concerning the Trespass done by Hogs,

[Clause I] It is Ordained and Enacted, that the Appraisement of any Two next Freeholders to the Place where such Trespass shall be done and sworn to in Court,* 1.22 shall be sufficient Evidence to the Jury to proceed therein; any Law to the contrary notwithstanding.

[Clause II] And in case the Owner be not known, then he shall nail up the Marked Ears of the said Hogs Fourteen Days,* 1.23 in a publick Place, that the said Owner may be found out.

[Clause III] But if such Damage shall be done by Horses, Cattel, Assinecoes, Goats or Sheep;* 1.24 in such case the Party damnified, may impound the same ac∣cording the Laws of England, until replevin be made. And the Party damnified,* 1.25 may likewise desire the said Two Free-holders appointed as aforesaid, to view and adjudge the Damage, and set it under their Hands, which being sworn to in Court as aforesaid, shall be sufficient Evidence to the Jury, which shall be impannell'd for the Tryal of the Action: In which the said Party damnified, is to be allowed Two Pound of Sugar per Day, for every Head during the time he lawfully keeps the same.

N ^o 9. An ACT declaring what Proofs to Bonds, Bills, Procura∣tions, Letters of Attorney or other Writings, shall be sufficient in Law.

[Preamble.] WHereas by reason of the great Distance between this Place and England, direct Proof concerning Deeds, Bonds, Writings or o∣ther Specialties for Moneys or Goods taken up or ingaged for, and to∣wards the Supply and further Settlement of this Island, and of Letters of Attorney, Procurations or other Powers, to prove the same cannot be had: And also any Bonds or Specialties hereafter to be taken upon any Consideration whatsoever. Whereby great Mischiefs have redounded to the good People of the Commonwealth of England, and great Obstruc∣tions to the Justice of this Island, no express Provision being made there∣in. For Remedy whereof,

[Clause I] Be it Enacted and Ordained by the Governour, Council and Assem∣bly, and by Authority of the same, That such Deeds and Bonds, or o∣ther Specialties, all Letters of Attorney, Procurations or other Powers in Writing, which shall at any time after publication hereof, be produced in any Court of Justice within this Island,* 1.26 attested to have been proved upon Oath, under the Corporation Seal of the Lord Mayor of London, or any other Mayor or chief Officer of any City or Town Corporate within the Dominions of the Commonwealth of England, shall be taken, deemed and adjudged, as sufficient in Law, as if the Witnesses in them named and subscribed, had been personally there, and proved the same.

[Clause II] And that such Attestation shall be sufficient Evidence to the Jury to give Verdict thereon,* 1.27 and sufficient Warrant to the Judge to proceed to all Lawful Intents and Purposes whatsoever, any Law or Custom to the contrary notwithstanding.

Provided nevertheless,* 1.28 and it is the true intent and meaning of this Act, that to prevent all Deceits that may happen therein, no Execution shall be granted upon any Judgment had upon the Testimonies so cer∣tified as aforesaid, until the Plantiff (if the Defendant so require) have first given good Security in double the Sum recovered, unto the Judge of the Court where such Recovery was had, that the Debt recovered was a just and real Debt, and that the whole nor any part of what he demands, was ever satisfied unto the Creditor, or any other by his Or∣der, for his Use; or that what he demands upon the Especialty upon which he sues, was ever satisfied by any, in whole or in part.* 1.29 And that the Debtor have Two Years time to disprove the said Debt or any part of it, and therein have the same advantages of Proofs, as the Creditor is allowed by this Act. And also he shall have power to bring before the said Mayor or other Chief Officer, any Collateral Proof, as by Ver∣bal Testimonies, although he have no Specialty or Acquittance: Also Bills of Loading, or other circumstantial Proof; which being certified to have been testified upon Oath as aforesaid, shall be held sufficient for disproof of the said Debt, or any part of it. And if in that time it be 〈◊〉〈◊〉 nor any part of it disproved, that then the said Security shall be 〈…〉〈…〉 Bonds or Bills taken thereon, be delivered up and cancel∣•••••• 〈…〉〈…〉 the whole Demand or any part of it be in that time dis∣proved,

the Plantiff shall pay what is so disproved,* 1.30 to the Defendant with Treble Damages, which by the Defendant shall be proved to a Ju∣ry that hath suffered thereby.

Provided also, That no Creditor shall take Benefit of this Law, but such an one as hath first taken his Oath before the said Mayor or Chief Officer, that shall make the said Certificate, that neither the whole De∣mand, nor any part thereof is satisfy'd. But if the said Creditor claim the Debt, as Executor or Administrator, then he shall only Swear, that to his Knowledge, neither the whole, nor any part of the said Debt is satisfied.

N ^o 10. An ACT for the keeping clear the Wharfs or Landing Places at the Indian Bridge, and on Speght's-Bay, alias Little-Bristol.

[Preamble.] WHereas many Merchants, Storehouse-keepers and other Persons, who having Goods, Merchandizes and other Commodities im∣ported to this Island, after the Landing thereof, care not in any reasonable time to remove and take away the same; so that the Wharfs or Landing-Places are greatly stopped, and as it were quite blocked up, to the great Obstruction of Passage, Shipping and Landing of Goods, which other∣wise would be sufficient for the same. For the Prevention whereof for the future, and more free dispatch of Maritime Affairs, conducing both to the Commodity of, as well the Inhabitants of this Place, as the Merchants here and hither trading.

[Clause I] It is Enacted and Ordained by the Governour, Council and As∣sembly, and by the Authority of the same, That where any Goods, Mer∣chandizes or other Commodities whatsoever, shall be found to lye, be or remain on any publick Wharfs or Landing-Places, at the Indian-Bridge-Town, or Speght's-Bay, alias Little-Bristol, over and above the Space of One whole Week,* 1.31 the Owner of such Goods or Commodities so lying, and being as aforesaid, shall forfeit for every Day they shall so lye, a∣bove the Space of a Week as foresaid, Five Hundred Pounds of Sugar, the same to be levied upon due Proof upon Oath, of any one or more Witnesses, before any Two Justices of the Peace, by Warrant of Distress, under their Hands, directed to the next Constable; the one half to be the Informer, the other half to the publick Treasury of this Island; any Law, Usage or Custom to the contrary hereof notwith∣standing. January the Ninth, One Thousand, Six Hundred, Fifty and Four.

N ^o 11. An ACT prohibiting Persons from keeping a common Ale-house or Tipling House, selling any Liquors, or this Country Spirits to drink in their Houses or Plantations, without License.

Repealed.

N ^o 12. An ACT that the bringing Writs of Errors, and other Equi∣table Matters, before the Governour and Council, to be by them determined, be and do continue in Force, according to the An∣cient Customs of this Island.

[Preamble.] WHereas for the speedy and due Administration of Justice, and Right to all, it hath anciently been the Custom and common Practices within this Island, for the Governour and Council, to hear and determine all Writs of Errors, Petitions of Grievances, and all o∣ther Equitable Matters whatsoever, which have come, and been pre∣sented before them, either at their private Meeting as Governour and Council, or as they held and set in General Sessions. And whereas, also the same Custom and Practice hath continued from the Settlement of this Island, and being exercised by the Governour and Council suc∣cessively, as adjudged by the representative Body of this Island, to be the best and most expedient means of administring equal Right to the People. It is therefore the Desire of the Gentlemen of the Assembly, to the Governor and Council, that it may be Enacted and Ordained.

And be it Enacted and Ordained, by the Governour, Council and Assembly, That the said Custom and Usage of hearing and determi∣ning all Writs of Error, Petitions of Equitable Causes, and other such like Matters, by and before the Governour and Council, do continue and be in force, according to the ancient Custom and Practice within this Island: Any Law to the contrary notwithstanding. Dated the Fifteenth Day of January, 1655.

N ^o 13. An ACT concerning Vestries.

[Preamble.] WHereas it hath been taken into serious Consideration, how bur∣thensome, grievous and intolerable it is to the Inhabitants of this Island, to pay the Assessments and Levies which have been made, laid and imposed upon them by the several Vestries of the Parishes of this Island, by a Power granted them by a former Statute, whereby many one's Estates have been exhausted and taken from them, to make Payment of the said Assessments and Levies. Which to prevent for the future, and to reduce such their Power to a limitted and known lawful way of Assessing and Levying,

[Clause I] It is hereby Enacted, Published and Declared, That no Assess∣ment or Levy whatsoever, either upon Land, or by the Head, which shall be made by any Vestry of this Island, shall be of Force or Validity

against any Person or Persons charged for Payment of the same,* 1.32 until such Assessment and Levy shall have received a Confirmation by the Governour and Council, either for Approbation thereof, or otherwise determining of the same, as to them shall seem just and reasonable; any former Act to the contrary notwithstanding; which said Assessments and Levies, the said Vestries are to present to the Governour and Coun∣cil presently upon making the same, to receive such Approbation or De∣termination, that there may be no stop or hinderance in collecting the same.

[Clause II] And it is hereby further Ordained and Enacted by the Autho∣rity aforesaid, That all the Freeholders of every Parish within this Island, shall repair to their respective Parish-Churches every Year successively, on the Second Monday in January,* 1.33 and there by their free Voices, choose Sixteen Persons to be the Vestry-men of their Parish for the Year ensuing; which said Vestrymen so Elected, or the major part of them, have here∣by power to manage all business of the said Parish, to set Rates for de∣fraying their Parish Charges, and to discharge and perform such other Duties in behalf of their said Parish, as doth belong to their Office and the Trust reposed in them.

[Clause III] And the said Rates so made by them, being published Three Sundays in the Parish-Church,* 1.34 and no exception taken to it, shall be approved of, and confirmed by the Governour and Council, and Attachment under the Governours Hand, granted for the Levying and Raising the same. But in case exception be taken to the said Rates, the Party grieved shall be heard, and his Tax examined, concluded and determined by the Go∣vernour and Council before the Confirmation thereof passes as afore∣said.

[Preamble.] And whereas great Complaint hath been made of the Neglect of the several Persons chosen for Vestrymen to convene and meet at their ap∣pointed times to manage and carry on their Parish-Affairs. For better pro∣ceed therein for the future,

[Clause IV] It is Enacted and Ordained by the Governour, Council and As∣sembly,* 1.35 and by the Authority of the same, that any one or more Justices of the Peace in any the Parishes within this Island, have hereby power (as occasion shall require) to Summon and Convene at the Parish-Churches, the respective Vestry-men, Church-wardens and others of their Parish-Of∣ficers, to debate and consult about the Parish and Church Concernments, and whatsoever Vestry-man, Church-warden or other Officer so required, to appear (such notice being given at his House) shall fail to convene and meet accordingly (such excuse being not given or sent, as the said Justice shall approve and allow of) shall forfeit Five Hundred Pounds of Muscovadoe Sugar,* 1.36 to be levied by warrant of Distress, from the said Justice or Justices, to the next Constable, and be imployed to the use of the Poor of such Parish, for the defraying other Parish Duties or Charges, the Constable to be allowed Ten per Cent. for his Distress; and in case of Refusal, to be committed to the common Goal, until he shall per∣form the same.

N ^o 14. An ACT for limitting the Assemblies Continuance.

[Preamble.] WHereas by sad experience we have found, That the long setting of Representatives hath been the occasion of many Factions and Divisions, and of great Distraction in the whole Nation and the People that chose them, though they be never so much unsatisfied or displeased with their Actions, cannot by reason of their unlimited Election, put a seasonable end to the power which they have given them. For Pre∣vention therefore of the evils which such a Custom may possibly bring on the Inhabitants of this Island.

Be it Ordained and Enacted by the Governour, Council and As∣sembly, and by Authority of the same; That this present Assembly,* 1.37 nor any future Assembly to be held within this Island, shall be and continue any longer, than for one whole Year from their time of first meeting, as an Assembly, fully to be compleat and ended. And the Elections now lately, and which hereafter shall be made of Free-holders to set in the Assembly, shall (though the same be not express'd) be held, deemed and adjudged to be an Election to continue of force, no longer than for, and during the Term of One Year, and to be reckoned from the time of their first meeting as aforesaid: Any former Law, Custom or Usage to the contrary hereof notwithstanding. August the 6th, 1660.

N ^o 15. An ACT or Order for the Publication and Execution of the Acts concerning the Ʋniformity of Common-Prayer.

[Preamble.] WHereas divers opinionated and self-conceited Persons have de∣clared an absolute Dislike to the Government of the Church of England, as well by their aversion and utter neglect or refusal of the Prayers, Sermons and Adminstration of the Sacraments, and other Rights and Ordinances thereof used in their several Parish-Churches, as by hold∣ing Conventicles in Private Houses and other Places, scandalizing Mi∣nisters, and endeavouring to seduce others to their Erroneous Opinions, upon Pretence of an alteration of Church-Government in England. All which their Misdemeanors, have begotten many Distractions, a great Reproach and Disparagement to the Church and Ministry, and Distur∣bance of the Government of this Island: For Suppression of which their disorderly Courses,

[Clause I] It is hereby Ordered, Published and Declared, and all Persons what∣soever inhabiting or resident,* 1.38 or which shall inhabit or reside in this Island, are in his Majesty's Name strictly hereby charged and command∣ed, That they and every of them from henceforth give due obedience, and conform themselves unto the Government and Discipline of the Church of England, as the same hath been established by several Acts of Parliament, and especially those which are at large expressed in the fronts of most English Bibles. Which Acts of Parliament, the Ministers of every Church and Chappel in this Island, are hereby required to read publickly and distinctly in their several Parish-Churches and Chappels; that thereby all

Persons may know what is their Duty in this behalf, and the Penal∣ty they incur by their Contempt and Neglect thereof; which all that appear faulty in, must expect to have strictly put in Execution against them.

And all Iustices of the Peace, Ministers, Church-Wardens and o∣ther his Majesty's Officers of this Island, that may give furtherance to the execution of the aforesaid Acts, are hereby required in his Majesty's Name, to do their Endeavour therein to the utmost of their Powers, as they tender their several Duties to Almighty God, and their Allegiance to our Sovereign Lord the King, and the due Execution of their several Places and Offices whereto they are called.

N ^o 16. An ACT concerning Morning and Evening Prayer in Fami∣lies.

[Preamble.] THat Almighty God may be Served and Glorified, and that he give a Blessing to our Labours,

[Clause I] It is hereby Enacted, That all Masters and Overseers of Families,* 1.39 have Prayers openly Said or Read every Morning and Evening with his Family, upon Penalty of Forty Pounds of Sugar, the one half to the Informer, the other half to the publick Treasury of this Island.

[Clause II] That all Masters of Families that live within Two Miles of their Parish-Church or Chappel,* 1.40 shall duly repair thereto, Morning and Even∣ing, on the Sabbath, with their Families, to hear Divine Service; and they which live above Two Miles from such Church or Chappel, to re∣pair to such Church once a Month at least,* 1.41 under Forfeiture according to the Law of England in such Case provided. If a Servant make Default of repairing to the Church according to the true intent of this Act; if the Fault be in his Master, then his Master is to pay Ten Pounds of Cotton for every such Default; if the neglect be in the Servant, he is to be punished at the Discretion of the next Justice of the Peace.

[Clause III] That every Minister begin Morning Prayers every Sunday, by Nine of the Clock in the Morning, and Preach once that Day at least.

[Preamble.] And forasmuch as little care hath been observed to be taken by Parents or Masters of Families for the instruction of their Children or Servants under Years of Discretion, in the Fundamentals of Christian Re∣ligion, or the knowledge of God, and as little Endeavours used therein by any the Ministers of this Island: So that Religion comes thereby to be scandalized, and the Worship of God contemned, and all manner of Vices through the ignorance of Persons attaining Maturity of Years, incouraged and countenanced. And for the better information therefore, of all sorts of Persons concerning God and the true Religion,

[Clause IV] It is Ordained and Enacted, by the Governour, Council and As∣sembly, and by the Authority of the same, That the respective Mini∣sters of this Island, in their several Parish-Churches or Chappels of Ease, on every Sunday in the Afternoon, do there publickly exercise the duty of Preaching,* 1.42 or of the catechizing and questioning all the Youth and others that shall come before them, in the points of the Christian Faith, and en∣deavour by such Questions to instruct them concerning God, and the

Fundamentals of the Christian Religion, and all the Articles of the Chri∣stian Faith.

[Clause V] Item, That the Church-wardens of every Parish shall forthwith provide a strong pair of Stocks to be placed so near the Church or Chap∣pel, as conveniently may be, and the Constables,* 1.43 Church-wardens and Sidesmen, shall in some time of Divine Service, every Sunday, walk and search Taverns, Ale-houses, Victualling-Houses or other Houses,* 1.44 where they do suspect Lewd and Debauched Company to frequent. And if they shall find any Drinking, Swearing, Gaming, or otherwise misde∣meaning themselves, that forthwith they apprehend such Persons, and bring them to the Stocks, there to be by them imprisoned, the space of Four Hours, unless every such Offender pay Five Shillings to the Church-wardens of the said Parish for the use of the Poor.

[Clause VI] Item, Whosoever shall Swear or Curse, whereby the Name of God is blasphemed, if a Master or Freeman,* 1.45 he shall forfeit for every such Offence, Four Pounds of Sugar; if a Servant Two Pounds of Sugar; and if the Servant hath not wherewithal, then to be put in the Stocks. Provided this Statute take not away any Master's Power in correcting their Servants for the Offence aforesaid; the said Fines concerning the said Masters and Freemen to be immediately paid and levied, for the use of the Parish out of his Estate.

[Clause VII] And it is further Ordained and Enacted by the Authority afore∣said, that all and every the Church-wardens of the several and respective Parishes within this Island,* 1.46 be sworn upon the Holy Evangelists of God upon his Election to the said Office, for the Discharge thereof by the Ju∣stices of the Peace for the respective Parishes, in manner and form, ac∣cording to the Laws and Constitutions of the Kingdom of England. And that the said Church-wardens and every of them,* 1.47 do duly make their Presentments at the next Quarter Sessions, by virtue of his Oath, to the end that all Persons presented, may appear and answer to all such Crimes, as shall be objected against him.

N ^o 17. An ACT appointing a Special Court for the speedy deciding Controversies between Merchant and Merchant, or Mariner and Mariner, or Merchant and Mariners, about Freight, Da∣mage or other Maritime Cases.

[Preamble.] WHereas many Maritime Cases and Differences often happen be∣tween Persons trading in, and Sailing to and from this Island, which by reason of the necessity of the sudden departure of the Persons concerned therein, and of the Witnesses, that are to give Testimony about the same, cannot stay to be decided in the usual Courts, according to the ordinary times therein allowed and accustomed.

And therefore if some more speedy course of Administration of Ju∣stice in such Cases be not established, the Persons injured are forced ra∣ther to lose their Rights, than suffer more by their demurrage here. For Remedy whereof for the future,

[Clause I]

Be it Enacted by the President, Council and Assembly, and by the Authority of the same, that in all such Cases above recited, the Gover∣nour,* 1.48 President or Commander in chief for the time being, may and shall upon the Petition of the Plaintiff, appoint and constitute a special Court, and by Commission appoint Five Judges, who, or any Three of them, shall be thereby impowered according to the Laws and Customs of the Kingdom of England and this Island, to hear, try, and finally de∣termine the same; and therein grant Execution accordingly, wherein no unnecessary Delays shall be cast or allowed. July the Fourth, One Thou∣sand, Six Hundred and Sixty one.

Signed, Humphrey Walrond.

N ^o 18. An ACT Establishing the Courts of Common-Pleas in this Island, declaring also a Method and manner of Proceedings both to Judgment and Execution, which are to be observed in the said Courts.* 1.49

[Clause I] IMprimis, It is Enacted and Declared by the President and Coun∣cil, and the Gentlemen of the Assembly, and by the Authority of the same, That according to the Practice hitherto observed, this Island be distributed into Five Precincts,* 1.50 Viz. The Parish of Christ-church and St. Phi∣lips, to make one Precinct; St. Michael's, St. George's and St. John's another; St. Thomas and St. James another, St. Peter's, All-Saints and St. Lucy's a Fourth Precinct; and St. Andrews Overhills, and St. Joseph's, a Fifth Precinct, ac∣cording as hath been by former Laws Established. And that in each of these Precincts, be held a Court of Common-Pleas, by one Judge, and Four Assistants appointed or to be appointed by Commission, under the Hand and Seal of his Majesty's Commander in chief of this Island for the time being, thereby giving them, or any Three of them, power to hear and determine all Common Pleas according to the Laws of England, and Laws and Customs of this Island:* 1.51 The First of which Courts shall begin to be held and kept at Oistins, alias Charles-Town, the last Monday and Tuesday in every Year,* 1.52 which shall happen to be in the Month of January. The Se∣cond Court shall be held and kept on the Wednesday, Thursday and Friday next following,* 1.53 at the Town of St. Michael's. The Third Court shall be held and kept at the Hole alias James-Town, the Monday and Tuesday next ensuing.* 1.54 The Fourth Court shall be held and kept at the Town of Speghts, alias Little-Bristol, the Wednesday and Thursday next ensuing. And the Last Court shall be held in the said Parish of St. Andrew's,* 1.55 the Friday and Saturday following. And so the said respective Courts, are to continue their respective Settings, from Four Weeks, to Four Weeks on the said several Days above limited and appointed, until the Twenty Sixth Day of September; and then the said Courts are to be adjourned during the dead time of the Year, until the said last Monday in January next follow∣ing, and then again to revive and continue according to the limitation above prescribed.

And the chief Judge of each of the said respective Courts, have hereby power to command the appearances of the Defendants, as well in Plea Real as Personal, or mixt by Warrant under their respective Hands and Seals.

Provided that the Plantiff have first entred his Declaration on Re∣cord, and that a true Copy thereof attested by the Clerk, be annexed unto the said Summons,* 1.56 and that the Persons of the Defendant's be ser∣ved therewith, or that the same be left at the Defendants House, or Place of his most usual Abode, Ten Days at least before the setting of the Court, from whence the said Summons may issue.

And if the Defendant shall fail to appear the Second Court after such Summons duly served in manner as aforesaid, and upon Oath pro∣ved the first Court so to have been, or appearing, shall not readily join issue on the matter in fact,* 1.57 or plead some good and substantial Matter in Bar of the said Action or Abatement of the Writ, or can shew no suffi∣cient Cause to be allowed by the said Court for such his Defaults, That then, and in all such Cases,* 1.58 Judgment shall be immediately entred a∣gainst the Defendant: But if at the said Second Court, the Defendant shall appear and join issue on the Matter in fact,* 1.59 or plead such a sub∣stantial Matter in Bar or Abatement as aforesaid (wherein great Caution is to be had by the Court,* 1.60 not to allow of any dilatory Pleas or De∣murrers or frivolous Abatements,) Then a Day shall be given the said Parties for Trial of the said Matter in fact, or determining the said Mat∣ter in Law the next ensuing Court. And if at that Day the Defen∣dant make Default when called, the Evidence of the part of the Plain∣tiff shall be taken, and Judgment entred thereon, according as to the Courts shall seem just and right. But in case the Plaintiff shall neg∣lect to appear at the said Day when called, then a Nonsuit to be en∣tred against him. And to the intent Jurors may not too long at∣tend,

[Clause II] Be it Enacted and Declared by the Authority aforesaid, That no Jury be summoned and sworn to try an Issue in fact (except it be by consent of Parties) but only such Issue as hath been agreed and joined in some former Court.* 1.61 And to the end that such speedy and full Exe∣cution of the said Judgments may be made, as may stand best with the Constitution of this Place, and the Necessities of the People,

[Clause III] Be it further Enacted and Declared by the Authority aforesaid, That Fourteen Days after Judgment entred at the Request of the Plantiff or his Attorney,* 1.62 the chief Judge of every respective Court wherein the said Judgment is obtained, shall under his Hand and Seal issue a War∣rant to the Marshal or his sufficient Deputy in the first place,* 1.63 to attach any the Cotton, Tobacco, Ginger, Sugar or Indigo belonging to the Defendant; if none such, then the Servants, Negroes, Cattel, Horses or other Moveables; if none such, then the Lands, Plantations or Houses of the Defendant: And lastly, if none such, then to Arrest the Person of the Defendant, and him in safe and strict Custody to keep, until he hath satisfied the Plantiff.

All which said Moveables, shall at the Defendants Charge,* 1.64 at the first Market-Day, in an Act lately appointing Markets (Saturdays except∣ed) which shall happen within that Precinct, after Eighty Days after the Attachment laid, be exposed to Sale by the said Marshal, or his sufficient Deputy,* 1.65 between the Hours of Twelve and Four of the Clock in the Afternoon, and be accordingly sold to the best Chapman, for the

ready Species, or kind of Goods which the Plaintiff recovered in that Action, and the produce of such Sail immediately deliver to the Plain∣tiff.

* 1.66But if it shall so happen, that the Defendant through wilfulness or negligence fail to bring the said Moveables to the said Market, then shall the said Marshal or Deputy in the said Market, give Notice where the said Goods are, and where they lye, and that they are exposed to Sale the next Day at the Place where they lye; which said next Day, between the Hours of Twelve and Four as aforesaid, the said Marshal or Deputy shall accordingly effect.

* 1.67And in regard St. Andrew's and St. Joseph's have no Market within their Precints, it shall be in the Election of the Defendant, where their Goods attached, shall be exposed or sold, at the Hole-Market, Speght's or St. Michael's.

And if it shall appear on the Sale, that the Goods Attached, do not produce sufficient to satisfy the Plaintiff, then the Marshal or Deputy is to proceed to attach further, until he hath sufficient, and the same to ex∣pose and sell at the next Market following, in manner aforesaid.

And in case the Buyer shall be at any time sued for any Goods or Chattels,* 1.68 which he shall so buy of the Marshal or Deputy aforesaid, in such Actions the Buyer shall plead the said Sale in Bar, which shall be accepted by the Court as a good Bar in that Action; and of every such Sale,* 1.69 the Marshal or Deputy shall make Certificate in Writing under his Hand and Seal, which shall be returned and filed in the Office of the Pre∣cincts where the Recovery is had.

[Clause IV] And be it further Enacted by the Authority aforesaid, that in case any Person which shall buy any of the said Goods or Chattels for ready Pay (in case the Plaintiff will take his Word, which he may if he will, or refuse to do) do not perform the same within Five Days after,* 1.70 or otherwise content the Plaintiff, The Iudge of the Court where the said Certificate is filed, is hereby authorized and required to issue Exe∣cution against the said Buyer for the Sum,* 1.71 which it appears on the said Certificate he contracted to pay, and Twenty per Cent. more in propor∣tion, for what he hath not paid: For which the said Marshal or Deputy shall Attach, expose to Sail, and Sell at the next Market, in manner as aforesaid, and the Proceeds thereof to deliver to the said Plaintiff for his Satisfaction.

[Clause V] * 1.72And be it further Enacted by the Authority aforesaid, that it shall be in the choice of the Defendant, from whom the said Goods are At∣tached, at his own hazard to keep the same in his Custody, during the said Eighty Days, and during the said time, by paying the Debt, or o∣therwise compounding with his Creditors to redeem the same. But if the Defendant refuse to keep the same, then the Marshal or Deputy is hereby required forthwith to proceed to the Sale at the next Market after such refusal. And if it perish before Sale, it shall be on the Defendant's Account, and the Marshal or Deputy to Attach a new, for further Sa∣tisfaction for the Plaintiff, and the next Market to expose to Sale as afore∣said,* 1.73 unless the said Goods have been abused by the said Marshal or De∣puty: And in such case, the said Marshal or Deputy is to be responsible according to the wrong he hath done.

[Clause VI] And be it further Enacted by the Authority aforesaid, That if it shall appear to the Judge of the Court, by the confession of the Party, or the Oath of Two Credible Witnesses, that the Defendant hath made

away any of the Cattel, Stock or other Goods, after the same hath been duly and legally Attached;* 1.74 whereby the Plaintiff is disappointed of his full Payment or any part thereof; such Person for such Offence, shall be immediately by the said Judge, committed to Prison, there to remain without Bail or Mainprize, for and during the space of Fourteen Days: And if before the Fourteenth Day he hath not satisfied his Creditor, or bring forth the said Goods Attached, or other Goods to the said value,* 1.75 he shall by the Provost Marshal on a Precept from the chief Judge of the Court, where such fault is committed, be put into the Pillory, and lose both his Ears. And the Marshal or Deputy shall Attach what o∣ther Estate he hath for the Plaintiff's Satisfaction, and on the next Mar∣ket-Day in that Precinct, Expose and Sell the same in manner afore∣said.

But if it shall happen that the Defendant hath no Personal Estate or Negroes, whereby to satisfy the Plaintiff, Then, and in such case,* 1.76 the Marshal or Deputy shall be authorized to Attach the Lease-Lands, Freehold, or Land of Inheritance, or Houses belonging to the Defen∣dant.

[Clause VII] And in regard the way used in England by Extent upon Lands for the Satisfaction of Creditors, may not be so well practised here, by reason of the tedious and slow Proceedings therein, and the great Dis∣burstments the Plaintiff must be at, in stocking the Lands delivered to him, before he can reap Satisfaction. And the Authority here being desirous to give a more speedy and certain Remedy, have Enacted and Ordained, and be it Enacted and Ordained by the Authority a∣foresaid,* 1.77 That Eighty Days after the Attachment laid on Lands as afore∣said (in case the Debts, Damages and Costs, be not fully in the mean time paid, or the Plaintiff otherwise satisfied) the chief Judge of the Court whence the said Attachment issued,* 1.78 shall under his Hand and Seal direct a Warrant of Appraisement to Seven of the Ablest Freeholders of the Pa∣rish, where the Attached Land lies (in case the Lands Attached be Twen∣ty Acres or more; but if under Twenty Acres, then to Five of the like Persons) (no Man to be excepted but his Majesty's Commander in chief for the time being) thereby impowering and requiring the said Seven or any Five of them, or the said Five or any Three of them, to repair to the said Land Attached, and of the same to make a just and conscionable Appraisement upon Oath, and the same to set down in Writing, under their Hands and Seals, according to the best of their Judgments and Un∣derstandings.

And for the better method of Proceedings herein, the said chief Judge shall at the same time, together with the said Warrant of Appraisement, make his Precept to the Marshal or Deputy, to summon the said Persons so nominated by the said Judge, and to attend them to the said Land Attached; and then and there to administer to them severally upon the holy Evangelists this Oath ensuing, Viz. You shall Swear,* 1.79 That you will True, Just and Conscionable Appraisement make of the Lands, Houses, &c. now shown unto you according to the best of your Judgment and Understanding, and neither for Favour nor Affection; Hatred or Malice, vary from the true Value, which in your Judgment you think the same to be really worth. So help you God, and the Contents of this Book.

And the said Judge is hereby required to appoint the most Eminent,* 1.80 Ablest and Sufficient Persons of the said Parish for the Service aforesaid, and to be cautious that they be neither of Kindred, Affinity, or noted

Friends or Enemies to either Party, or that have by any Words or Ac∣tions discovered any Partiality towards either of them. And that there may be no failure of the Execution of Justice in this behalf,

[Clause VIII] Be it further Enacted by the Authority aforesaid, That if any of the Persons that shall be duly Appointed and Summoned for the Service aforesaid (shewing no lawful Cause to be approved on by the said Judge) shall neglect to make his Appearance at the Time and Place by the said Warrant appointed, or appearing, shall refuse to take the said Oath, or perform the said Service;* 1.81 they shall severally for every such Offence, for∣feit the just quantity of One Thousand Pounds of Muscovadoe Sugar; the half to the Publick Use, and the other half to the Party grieved thereby, the same to be recovered by Action of Debt, Bill, Plaint or In∣formation in any Court of Record within this Island.

[Clause IX] And be it further Enacted by the Authority aforesaid, That after such Appraisement made and returned, the said Marshal, his Deputy or other Officer duly authorized thereunto,* 1.82 shall put the Plaintiff in quiet and peaceable Possession of the said Land: And the said Defendant, if he will, may then give unto him a Bill of Sale, to have and to hold the same unto him and his Heirs for ever, in satisfaction of so much of his Debt, as the said Appraisement shall amount unto. And the said Mar∣shal is to Attach further, if it be too short, to be disposed of, and or∣dered in the manner aforesaid: But if it shall happen that the Appraise∣ment be more than the Debt, then so much of the Land to be returned to the Defendant, as the Overplus shall amount unto.

And in case the Title of the said Land be questioned, the Plaintiff shall vouch the said Defendant, and upon Eviction of the said Land from the said Plantiff, the said Plaintiff to be forthwith repaired in value out of other the Estate of the Defendant. And to the intent all rea∣sonable means may be allowed to the Defendant for preserving his real Estate,

[Clause X] Be it further Enacted by the Authority aforesaid, That the Plain∣tiff upon entring into Possession of the said Lands as aforesaid, shall be∣come bound to the Judge of the Precincts in double the Sum of the Appraisement,* 1.83 that he will not commit or cause to be committed any Waste upon the said Land during the space of Twenty Days next en∣suing. And that if before the expiration of the said Twenty Days, the Defendant do well and truly pay him his principal Debt with Damages for Forbearance to the time of his Possession given, and his full Costs and Charges in the Suit expended, such as the Court will Tax, That then on such Payment he shall and will restore the Defendant to the Posses∣sion of the said Land and Houses, &c. in as full manner, as the De∣fendant had it before the said Attachment and Appraisement was had and made.

But if no such Payment be made within the said Twenty Days, then the said Marshal or Deputy that gave the Possession aforesaid, or his Successors,* 1.84 shall immediately after the said Twenty Days, give a Bill of Sale, under his Hand and Seal, of the said Land, to the said Plaintiff and his Heirs for ever: Which Bill of Sale shall be good and valid to the said Plaintiff and his Heirs, against the said Defendant and his Heirs, and all claiming from, by, or under him, them, or any of them.

[Clause XI] And be it further Enacted by the Authority aforesaid, That in case the Defendant do neglect to bring the Sugar, Cotton, Indigo,

Tobacco and Ginger (being not the Species Recovered or Attached) to the Market, at the time of this Act appointed, whereby the Marshal or Deputy is enforced to sell the same,* 1.85 at the Place where the said Goods or Commodities lye: In such case, the same after Sale shall be carried to the next Market Town, at the Charge of the Defendant. And if he will produce no Carriage, The Marshal or Deputy is hereby authorized and required, to hire Cattel or other Carriage for that purpose, and place it's reasonable Costs to the Defendants Account; and so the Marshal is to do, in case he attach the Species recovered.

And in case any Person shall fraudulently make away any of his Goods or Chattels, Lands or Tenements,* 1.86 with intent to deceive his Cre∣ditors, they shall incur such Pains and Penalties as by the Laws and Sta∣tutes of the Kingdom of England are appointed and established. And to the intent no delay of Trial may happen by the negligence of Ju∣rors,

[Clause XII] Be it further Enacted by the Athority aforesaid, That in case any Person returned to be a Juror, shall not appear at the time of Trial,* 1.87 or after appearance, shall withdraw himself from the said Service, and can shew no lawful cause for such his Default to be allowed by the Court, every such Person shall forfeit Three Hundred Pounds of Sugar to the publick use of this Island, and be forthwith by order of Court committed until he pay the same.

And to deter the Inhabitants of this Island from being Litigious, and bringing unnecessary and vexatious Suits, or making causeless deten∣tion of other Mens Rights,* 1.88 That in all cases the Court shall Assess and Tax good and full Costs to be paid by the Party cast to the other Par∣ty, that appears to be so unjustly molested.

And in case any Person or Persons shall hereafter misbehave them∣selves in open Court,* 1.89 or give unhansome or provoking Language in the hearing of the Court, the respective Courts are hereby authorized and required, to set a Fine upon their Heads according to the nature of their Offences. Provided it exceed not the quantity of one Thousand Pounds of Sugar, and the Offender to stand committed, until he pay the same un∣to the Treasurer for the publick Use. And for the more ease of the De∣fendant, and to prevent tedious Suits in Chancery,

[Clause XIII] Be it further Enacted by the Authority aforesaid, That upon all Recoveries hereafter to be made on Penal Bonds,* 1.90 Bonds for Performance of Covenants and the like, and upon all Mortgages of Lands, the Court shall admit the Defendant if he desire it, to appeal to the equity of the Court; which Appeal the chief Judge with any Two of his Assistants shall proceed to hear and determine according to Equity and good Con∣science, at some time to be appointed by the said Judge, between the Setting of the said Courts (due notice being thereof given by the De∣fendant to the Plaintiff,) and then the same to be determined without delay.

Provided nevertheless,* 1.91 that Executions on Judgments grounded on Contracts made before the Five and Twentieth Day of September, One Thousand, Six Hundred, Fifty and Eight, shall be issued and executed ac∣cording to the Laws and Customs then in force, and not otherwise: Any thing in this present Act seeming to the contrary in any wise notwith∣standing.

[Clause XIV] Provided also, That according to the antient usage,* 1.92 every Man be sued in the Precincts wherein he lives, unless Two or more living in

several Precincts be prosecuted for one cause of Action; and in such case the Commander in chief for the time being,* 1.93 shall issue Summons to them all, and therein appoint in what particular Court they shall appear and answer.

[Clause XV] Provided also, That no Executions upon Judgment entred upon a Nihil Dicit, shall issue, until the next ensuing Court, any thing in this Act mentioned to the contrary notwithstanding. And if at the Court the Defendant shall make it appear to the Court he was surprized, and that he hath good matter to plead,* 1.94 in discharge of the said Action, by Pay∣ment or otherwise, that the Defendant shall be admitted to such his Re∣medy, the same to try at that Court; but if no such matter clearly appear to the Court, then Execution to issue immediately.

[Clause XVI] And it is further Provided and Ordained by the Authority afore∣said,* 1.95 That in case the Defendant shall wittingly and willingly shew Lands or Goods to the Marshal to be Attached, That are not bona fide his own Goods and Lands, that in such case the said Defendant for such his fraudu∣lent Dealing, shall forfeit double the value of the said Lands or Goods so deceitfully shown, the half of which Forfeiture shall be to the publick use of this Island, the other half to the Party grieved, that shall sue for the same, by Action of Debt, Bill, Plaint or Information in the Court where the Recovery was made.

[Clause XVII] And lastly, Be it Enacted by the Authority aforesaid, That all Acts heretofore made or pretended to be made concerning the Matters in this Act provided for (except before excepted) shall be from henceforth deemed and adjudged void and of no force to all intents and purposes whatsoever,* 1.96 any thing in them or any of them contained to the contra∣ry notwithstanding. August the Twenty Ninth, One Thousand, Six Hun∣dred, Sixty and One.

N ^o 19. An ACT concerning written Depositions produced in Courts, and appointing how the Evidence of Sick and Lame Persons, and of Persons intended off this Island, shall be valid and good.

WHereas it hath been an usual, though no warrantable Custom within this Island, That the Depositions of several Persons taken in Writing, have been produced and passed as Evidence in the several Courts of Justice, when as the Deponents have been resident and in health within the Island; whereby several just Causes have suffered through the imperfection and illegality of the said Testimony, being a∣gainst the Laws of the Land, and to the extream prejudice of the Sub∣jects. For the reparation of the said Errors, and prevention of fu∣ture Inconveniences,

[Clause I] It is by the Authority now Assembled, Enacted, Published and Declared, That hereafter no such written Deposition be accepted for E∣vidence,* 1.97 either by Judge or Jury in any Court of this Island, unless it be manifestly proved, that the Deponent was upon departure, and departed from the Island before the Trial of the Controversie, to which his Testimony is produced, or be hindred by extream Sickness, to appear

personally in Court; and that in such Cases,* 1.98 the other Party have notice when the said Deposition is to be taken, or that both Parties be pre∣sent.

[Clause II] And it is Enacted and Ordained by the Governour, Council and Assembly, and by Authority of the same, That in case any Witnesses in any case of Suit depending between Party and Party, or which may here be tried, be to go off this Island, or extream Sick,* 1.99 Lame or otherwise disabled, then the Deposition of such Witness or Witnesses taken by the Governour or any Judge or Assistant, or Justice of the Peace, in pre∣sence of Plaintiff and Defendant, or some for them, shall be held, taken and esteemed sufficient and good Evidence in Law, to all intents what∣soever, and not otherwise, but by the presence of the Party. But if the said Plaintiff or Defendant shall refuse to come, being summoned there∣unto, and the same proved on Oath, either by the Party himself, or o∣ther Witnesses, then the said Evidence to be taken without them, and to be good sufficient Testimony to the Jury; any former Law, Usage or Custom to the contrary notwithstanding. Dated the Twenty Ninth Day of August, One Thousand, Six Hundred, Sixty and Three.

Humphrey Walrond.

N ^o 20. An ACT for the Encouragement of all faithful Ministers in the Pastoral Charge within this Island: As also for appointing and regulating of a convenient Maintenance for them for the future.

WHereas the Excellency of Spiritual Ministrations, transcend all Low and Earthly distributions, and those that labour in the Word and Doctrine, are worthy of double Honour. That all due incou∣ragement may not be wanting to the Ministers of the same within this Island, who have or shall undertake a Pastoral Charge,

[Clause I] Be it therefore Enacted and Ordained by the President, Council and Assembly, and by the Authority of the same,* 1.100 That whatsoever Arrears of Salaries or Stipends agreed for, or assest for the use of each respective Mi∣nister in the Parish, where he executeth his Ministerial Function, shall be unpay'd after the Five and Twentieth Day of March next, upon the Re∣quest of such Ministers, to the Supream Authority here for the time be∣ing, Attachment to issue for the levying thereof, on the Estates and Goods of such Persons as do owe the same, that Satisfaction may be made to the said Complainants.

[Clause II] And be it further Enacted and Ordained by the Authority afore∣said, said, That after the Second Monday in January next, a Levy be made and assess'd, of One Pound of Sugar per Acre,* 1.101 by the Vestry and Church∣wardens of each respective Parish within this Island, on the Land of e∣very Freeholder within their Parish, which is by some Person to be intrusted by the Ministers, to be collected and paid into some convenient Store∣house for the Minister's Use, by his Appointment, by the Five and

Twentieth of May next following; and so to continue the same Levy successively from Year to Year.

And whereas Sugar is lately fallen to a very low Value, whereby the Ministers Maintenance is very much impaired. For their better Sup∣port, and as an expedient thereto,

[Clause III] Be it Enacted and Ordained, and it is hereby Enacted and Ordain∣ed by the Athority aforesaid, That after the Second Monday in January next,* 1.102 it shall and may be lawful for the Vestry and Church-wardens of each respective Parish, to impose or lay any further Tax upon the Lands of all the Freeholders, and likewise to Tax or Assess each particular Store-house, or other House, not having Ten Acres of Land, in such Sums as shall seem equal and convenient to the said Vestry and Church-war∣dens, out of which Assesment or Levies, each respective Parish are here∣by authorized to give or allow such additional Supplement towards their respective Ministers, as with the Pound per Acre, may yield a comfortable Livelihood and Incouragement to every of them conscionably and care∣fully to proceed to the faithful and diligent execution of their Pastoral Charge; due Respects being to be shown to the Merits of each; the which is likewise to be paid to every of them, according to the Day and Place before prefixed.

And whereas it hath been, and still is a laudable Constitution and Custom of our Native Country, to have in every Parish a true and per∣fect Register kept of all Christenings, Marriages and Burials, and the Names of all such to be fairly entred into the same, with the Day and Year annexed, which hath been, and is found to be of much advantage to Posterity.

[Clause IV] Be it therefore Enacted, Published and Ordained, by the Presi∣dent, Council and Assembly, and by the Authority of the same, That after publication hereof as a Duty incumbent on every Minister in his respective Parish within this Island,* 1.103 do keep a true and perfect Register of all and singular the Christenings, Marriages and Burials within the re∣spective Parishes, (the Church-wardens of every Parish to provide a large Book fit for the keeping the said Register) and enter both Chri∣stian and Sirname of each, with the Day and Year expressed, and a Cer∣tificate of the same into the Secretary's Office, in the Month of March Yearly, there to remain on Record, and for failing thereof, by any Mi∣nister,* 1.104 he shall forfeit and pay a Thousand Pounds of Muscovadoe Su∣gar for every Default, one Moyety of the said Forfeiture to the Treasurer for the time being, for the publick use, and the other Moyety to such Person and Persons that shall discover the same, and make proof thereof in any Court of Record within this Island, to be recovered by Action of Debt in any Court of Record within this Island. And to the intent there be no obstruction in the prosecution of this Act,

[Clause V] Be it further Enacted, That any Person or Persons inhabiting in this Island,* 1.105 living Two Miles or more from his Parish-Church, which shall have any Persons deceased in their Houses or Plantations, and by reason of Inconveniences that may happen, cannot carry the said Corp or Corps to their Parish Church-Yards, there to be interred, that so their respective Ministers may enter the Name of the Party or Parties so de∣ceased in his Register; The Master or Possessor of the House or Plan∣tation where the Person deceased, and was not carried to the Church-Yard as aforesaid, shall give the Minister of the Parish, both Christian and Sirname of the Party or Parties deceased, within one Week, and pay the

Minister Three Pounds of Sugar, or Six Pence for the same. And for Default, the same to be proved against him, to pay Five Hundred Pounds of Sugar, to be recovered as aforesaid, to the end a true and perfect Register may be kept in every Parish. Dated the 27th of Sep∣tember, 1661.

Humphrey Walrond.

N ^o 21. An ACT for the good governing of Servants, and ordering the Rights between Masters and Servants.

[Preamble.] WHereas much of the Interest and Substance of this Island, con∣sists in the Servants brought to, and disposed of in the same, and in their Labour during the Term they have to serve, wherein notwith∣standing Provision hath been made by many good Laws, yet great and often Damage hath happened to the People of this Place through the Un∣ruliness, Obstinacy and Refractoriness of the Servants.

And whereas also it much concerns the Peace of this Island, that a continual strict course should be taken to prevent the bold Extravagan∣cies and wandring of Servants, who frequently run from, and desert their Master's Service, making use of all advantages and occasions to di∣sturb the publick Peace, and prejudice their Masters:

[Clause I] Wherefore the President, Council and Assembly, upon serious and mature consideration of the Premises, and for the good regulating and governing of Servants in all things concerning their Masters and them∣selves, during the time they have to serve by Indenture or otherwise, and as well concerning such Servants Wages, have thought fit to Enact, Ordain and Publish; and it is Enacted, Ordained and Published by the President, Council and Assembly, and by the Authority of the same, That no Person whatsoever shall presume to bring into this Island, any Chil∣dren of the English Nation, or the Dominions thereunto belonging,* 1.106 to be sold as Servants, under the Age of Fourteen Years, unless they can produce a good Certificate, or an Indenture or Writing from the Prin∣cipal Persons of the Parish, wherein the said Child last lived, that it is done with their consent, or with the consent, or at the request of the Parents of such Child; the Age of such Child or Servant to be judged by Inspection.

And whosoever shall do otherwise, shall upon Conviction by suf∣ficient Testimony, or the Parties Confession before the President or the Su∣perior Officer of the Island for the time being, be imprisoned by the said President or Superior Officer's Warrant, until he hath given in Security by recognizance of Two sufficient Free-holders of this Island, in One Hun∣dred Pounds Sterling, to the Secretary for the time being, that he will return such Child or Children unto their Parents or Guardians, or such as have or should have the keeping of them, and of his Performance there∣of, to bring or send a Certificate within Twelve Months next ensuing, proved as aforesaid.

And whereas it hath been an ill Custom and Usage of divers Mer∣chants and other Persons coming to this Island, indirectly and by delusive

means and practices to obtain Men and Women on Board of Ships in England, so cause them to be Transported hither, and are here disposed of to serve according to the Custom of the Country, having no Indenture, Covenant or Contract for the same.

[Clause II] It is therefore hereby further Enacted and Ordained by the Au∣thority aforesaid, That from, and after publication hereof, all Persons so indirectly sent,* 1.107 or brought over, the Master of them, or Persons, to whom they are consigned, or who are concerned therein, having no Covenant, Indenture or Contract made in Writing, or other Verbal Agreement by him or them to be proved by the Oath of one or more Witnesses, or by the Servant's Confession, That such Servant came with his own Consent or Knowledge, That all such Persons so brought over, have hereby power, and are at liberty to implead the Persons who brought them, or to whom they are consigned, according to the Laws of England, for their Freedom, and to recover their Damages and Satisfaction for such wrongful and injurious dealing. Provided that he or she declare the same, and make his or her Complaint to some Justice of the Peace with∣in Thirty Days after his or her Landing in this Island, unless they be prevented by Si kness, and then within Thirty Days after he or she is able.

And all Servants whose time shall expire at any time hereafter, having had no Indenture or Contract, shall receive for their Wages Four Hundred Pounds of good Muscovadoe Sugar:* 1.108 And in case of Indenture or Covenant, to be paid according to his Covenant or Indenture; as the antient Usage and Custom of this Island hath been. And whatso∣ever Servant shall hereafter come to this Island, and serve their Time therein by Indenture or otherwise,* 1.109 shall receive as aforesaid (the last Master always to pay the said Wages.)

[Clause III] * 1.110It is further Enacted, Ordained and Published by the Authority aforesaid, That no Freeman or Trader whatsoever, presume to buy or sell any Commodities whatsoever, with any Servant or Slave within this Island, without the consent of the Master or Owner of such Servant or Slave,* 1.111 upon pain of forfeiting treble the value of the said Goods they trade for, to the Master or Owner of such Servant: And all Contracts and Covenants so made by such Servant or Slave, to be utterly void and of no effect: And such Trader or Freeman for every such his Offence, fur∣ther to forfeit Five Hundred Pounds of Sugar, the one half to the In∣former, the other half to the Treasurer for the publick use, the same to be recovered by Action in any Court of Record within this I∣sland.

[Clause IV] It is further Enacted and Ordained by the Authority aforesaid, That whatsoever Servant or Servants by Indenture, Custom of the Coun∣try,* 1.112 or by Monthly or Yearly Wages, or Day Labourer, shall lay vio∣lent Hands upon his or her Master, Mistress or Overseer, or any Person put over them in Authority, to govern them, and being thereof con∣victed before any of his Majesty's Justices of the Peace of this Island, by the Oath of one or more Witnesses, or by his or her own Confession, shall serve his or her said Master or Mistress, one whole Year after his or her time by Indenture, Custom or Bargain be expired; the same to be ordered upon such Conviction as is aforesaid, by the said Justice of the Peace, and he to make Record thereof.

[Clause V] It is further Enacted and Ordained by the Authority aforesaid, That whatsoever Overseer, Servant or hired Labourer or Artificer, by

Custom, Covenant or Hire, who shall imbeazel, purloyn, or wilfully waste or make away any of his Master's or Mistress's Sugar, Cotton,* 1.113 Ginger, Indigo, Tobacco, Hogs, Sheep, Cattel, Fowls, Stock or other Goods or Provisions, or Commodities whatsoever, shall upon Conviction of every such Offence, by one or more Testimonies upon Oath, before any of his Majesty's Justices of the Peace within this Island, or the Par∣ties own Confession, be adjudged by the said Justices of the Peace, to serve his said Master or Mistress Two Years after the said time, by In∣denture, Custom or Bargain, is expired without any consideration of Wa∣ges or Sallary to be paid him, and be further liable, in case that time of Servitude will not make full Satisfaction. [Preamble.] And whereas many Women Servants are begotten with Child by Freemen or Servants, in great pre∣judice to their Masters or Mistresses whom they serve,

[Clause VI] It is therefore Ordained and Enacted by the President, Council and Assembly, and by the Authority of the same, that whosoever shall beget a Woman-Servant with Child, shall for such Offence,* 1.114 personally serve the Owner of such Servant Three Years, or put one in his Place for the said time, which is in recompence for the said Master or Mistress of his and her Loss and Charge, in bringing up the Bastard Child, and Damage received by disabling their Woman Servant. But if the said Child be brought up by, and at the Costs and Charges of the Parish, then the reputed Father to serve the said Parish Two Years, and the Owner of the Woman-Servant one, or put one in his Place for the said time as aforesaid, or give Security to save harmless the said Parish, and satisfie the said Owner for his said Damage. But in case of the said Child's Death, before the said Three Years be expired, that then the said Person is only to serve the said Owner One Year: But if the said Woman-Servant shall happen to Dye, or become infirm, by reason of her La∣bour in Child-bed, Then the reputed Father shall serve the said Owner, during the whole time the said Woman had to serve, when she con∣ceived by him.

And the said Woman Servant so offending, shall serve her said Ma∣ster or Mistress Two Years after her Time by Indenture,* 1.115 or otherwise be expired; the same to be ordered by the next Justice of the Peace, before whom such Proof thereof shall be made. And for the better understanding therein,

[Clause VII] It is hereby Ordained and Enacted, by the Authority aforesaid, That the same Proof or Evidence that is sufficient to prove the reputed Father of a Bastard, by which he is obliged to discharge the Parish whose it shall be, or to keep the same, shall be as authentick to a Jury, to cause the Father of a Bastard to make reparation to the Master or Mi∣stress of such Woman-Servant upon whom the same is begotten; as is before appointed. But if a Servant shall beget a Woman-Servant with Child, then after his Time is expired, he shall serve the Owner of the said Woman Servant double the time she had to serve at the time of the Offence committed.

[Clause VIII] Item, Be it further Enacted and Ordained by the Authority a∣foresaid, * 1.116 That if any Man-Servant shall Marry without his Master or Mistresses Consent during the time of his Apprenticeship, he shall serve his Master or Mistress Four Years after his said Time of Apprenticeship is expired.

And if any Freeman shall marry the Maid or Woman-Servant of any Person within this Island; such Freeman shall forthwith pay unto the

Master or Owner of such Servant, double the Value of what the Maid or Woman Servant is worth, to be recovered by Action of Debt, in the Court of the Precincts, where no Protection, Essoigne or Wager of Law shall be admitted or allowed. But if he be a Servant, then after his Time is expired, he shall serve the Owner of the said Wo∣man Servant double the time she had to serve, at such her time of Mar∣riage.

[Clause IX] Item, It is further Ordained and Enacted by the Authority aforesaid, That when any Difference shall arise between Master and Ser∣vant, in and concerning the time of their Servitude, or Term of Years that they are to serve,* 1.117 that all such Differences as shall hereafter a∣rise between Master or Servant, be heard and determined at Common-Law, in the Court of the Precincts wherein such Master or Servant shall then live and abide, as in other Cases of Right between Party and Party.

[Clause X] And that all Servants who have occasion or ground to commence Suit therein,* 1.118 be allowed such reasonable time for the performance there∣of by their respective Masters, as to the next Justice of the Peace in that Precinct shall seem requisite and convenient for the same: But not to be allowed more than Two out of a Family, in behalf of themselves and the rest. And whatsoever Servant over and above the number of Two, shall upon the pretence of Complaint, absent themselves from their Master's Service, shall by Order of the next Justice of the Peace, receive Thirteen Lashes, and be returned to his Master's Service by a Constable, if the Justice before whom the Complaint is made, shall see cause.

And whatsoever Servant or Servants shall wilfully and obstinately absent him or her self out of his or her Master or Mistresses Plantation or Service, either on Saturday, Sunday, or any other Days or Times, not having License or Ticket in Writing, under his Master, Mistress or O∣verseer's Hand for the same; Upon Conviction thereof, by the Oath of one or more Witnesses, or his own Confession, before some one of his Majesty's Justices of the Peace within this Island, shall for every Two Hours Absence,* 1.119 be adjudged and ordered by the said Justice, to serve his said Master or Mistress one whole Day after his Time by In∣denture or Custom is expired. So that the same do not in the whole exceed Three Years; and so in proportion for a longer or lesser time, for such his Absence.

It having been formerly a great Complaint, that many Masters, when their Servants grow Sick, and unable to perform their daily La∣bour, will seem to remit some part of the time, to be cleared of them; or turn them off,* 1.120 to the intent they may not be chargeable to them for their Recovery; Whereby many of the said Servants may most miserably perish, or become a Charge to the Parish where they first happen to be laid up. For Prevention whereof for the future, and duely pu∣nishing such inhumane Acts in such Persons as shall become guilty of the same,

[Clause XI] It is hereby Ordained and Enacted, by the President, Council and Assembly, and by the Authority of the same, That what Master, Mistress or Governour of Servants,* 1.121 shall hereafter offend herein, or shall not use and endeavour all lawful Means for recovery of such their Ser∣vants, as shall happen to be Sick or Diseased, during the time of their Servitude, shall forfeit Two Thousand and Two Hundred Pounds of

Sugar; the same to be levied by Warrant of the Justice of the Peace, before whom it shall be proved by the Oath of one or more Witnesses, and paid into the Hands of the Overseer of the Poor of that Parish, and disposed of towards the Maintenance of such Servant (so turned off) and recovery of his or her Strength; and the said Servant so neglected or turned off, to be freed from his said Master. But in case such Sick Servant shall not live to the expending of the said whole Sum of Two Thousand Two Hundred Pounds of Sugar; then the remainder to be disposed of towards the Maintenance of the other Poor of that Parish.

Provided always, that in case any Servant or Servants in this Island,* 1.122 shall through his or their own willful Misbehaviour, happen to have any Disease, or any broken Bones, Bruises or other Impediments, whereby they have not only disabled themselves to perform their Labour as they ought to do; but also are a greater Charge for Physick and Chyrurgery to their Master or Mistress then formerly; For Satisfaction of such Master or Mistress in every such case, the said Servant shall serve his or her said Master or Mistress after the time by Indenture or otherwise is ex∣pired, until they have made Satisfaction for the Charges expended on them for their Recovery. And afterwards he or she hath so recovered, shall serve over so much time as he or she by any such means and ac∣cident were disabled to serve: Any thing formerly provided to the con∣trary notwithstanding.

[Clause XII] And it is further Enacted by the Authority aforesaid, That all such Differences as shall arise in point of Wages,* 1.123 between Master and Servant, or Master or Labourer, or Artificer, or School-Master, or School-Mistress for their respective Salaries for teaching of Children, shall be heard and determined by the next Justice of the Peace, who is here∣by impowered upon any such Complaint, to issue out his Warrant, and summon the Parties before him, and to hear, examine and determine all such Differences as shall come before him, as is aforesaid, and shall issue Execution thereupon, to be executed by the next Constable of the Parish; who is hereby required to officiate the same; and shall for his pains, re∣ceive Satisfaction to the same Value, as Marshals of the Courts of Com∣mon Pleas do for levying Execution. And of all such Suits,* 1.124 the Justices shall make Record; any Law, Custom or Usage to the contrary not∣withstanding.

[Clause XIII] Provided always, That the said Justices of the Peace respectively in all such Cases coming before them, do, and have hereby power to hear likewise, and determine any Plea of Complaint, Damage or Pre∣judice, as well alledged and proved on the part of the Masters, as on the part of the Servants, Labourer and Artificer doing equal right be∣tween them.

And it is hereby Declared and Published,* 1.125 That the intent thereof is meant only to reach to Covenant Servants Wages, Hired Servants, and hired Labourers, that are hired by the Month, Day or Year; and to all Artificers, whose whole Debt and Demand exceeds not Four Thou∣sand Pounds of Muscovadoe Sugar; any thing heretofore declared to the contrary notwithstanding.

And whereas it is much feared, That some Persons within this I∣sland, have exercised Violence and great Oppression, to, and upon their Servants; through which, some of them have been Murthered and De∣stroyed, and the Authors and Causers of such their Destruction, have

gone clear, undiscovered and unpunished, by reason of the sudden interring of Servants so destroyed and murthered as aforesaid. For Prevention whereof, and Discovery of all such Murthers and Felonies, as may be hereafter committed,

[Clause XIV] Be it Enacted and Declared by the President, Council and Assem∣bly, and by the Authority of the same, that no Master, Mistress, At∣torney or chief Overseer of any Family or Plantation within this Island,* 1.126 shall presume to bury or inter any Christian Servant, that shall here∣after happen to dye within their respective Plantations, out of the usual Burying-Place,* 1.127 until the Body of such Servant hath been viewed by the next Justice of the Peace, or a Constable and Two of the Neighbours of the Parish, wherein the Dwelling-House of the said Plantation stand∣eth. Which Neighbours, the said Justice or Constable shall make choice of, upon pain of paying Twenty Thousand Pounds of Musco∣vadoe Sugar for every Servant which shall be so buried be•••••••• ••••ch View as aforesaid. And if upon such View, it shall appear such Ser∣vants came to their Deaths by any Violence, Wounds, or unlawful Means, that then the Viewers of such Servants, do forthwith give no∣tice unto the Coroners, that Proceedings may be had therein according to Law;* 1.128 he receiving for his Fee so much and no more, than by the Laws of England is provided.

[Clause XV] And be it further Ordained and Enacted by the Authority a∣foresaid, That every Justice or Constable and Neighbour, chosen as a∣foresaid, duly Summoned by the Owner or Overseer of such Servant, to the view of such Dead Body as aforesaid,* 1.129 that shall fail to come within Two Hours after such Summons, shall severally and respectively forfeit for every such their Default,* 1.130 One Thousand Pounds of Sugar. All which Forfeitures shall be paid into the publick Treasury, for the publick use of this Island, to be recovered by Action of Debt, by the said Treasurer in the Court of that Precinct, where the Forfeiture is made.

Provided that such notice be given as aforesaid, it may be lawful for the Owner of such Servant or Overseer, Six Hours after such notice given, freely to bury such, his, or their Servant, any thing in this Act seeming to the contrary notwithstanding.

[Clause XVI] It is also Enacted, Ordained and Published, by the President, Council and Assembly,* 1.131 and by the Authority of the same, that all Ser∣vants under the Age of Eighteen Years, which are hereafter brought to be assigned over, or disposed of, as Servants in this Island▪ having made no Contract in England or elsewhere, shall serve for the space of Seven Years and no longer: And such as are above Eighteen, shall serve du∣ring the space of Five Years, and no longer; and at the end of their time, shall receive Four Hundred Pounds of Muscovadoe Sugar for their Wages: And where Man and Wife are brought over as Servants in one Ship, they shall be sold and disposed of together, and not se∣vered.

[Clause XVII] It is further Enacted and Ordained by the Authority aforesaid, That all such Persons as shall hereafter sue for their Freedom,* 1.132 in respect of their Ages as is before-mentioned, shall be adjudged by the Jury by inspection and proportion of Stature and Confession, when they first ar∣rived at this Island

[Clause XVIII] Be it further Ordained and Enacted by the Authority aforesaid, That what Servants shall so unjustly trouble his Master or Mistress with

Suits in Law,* 1.133 the said Servan•• shall be by the Court where he commits the Offence, ordered to serve his Master or Mistress so injured, for his unlawful and unjust vexation of them, after the expiration of the time he hath then to serve, the double term and space of that time he neg∣lected.

[Clause XIX] And it is hereby further Ordained and Enacted by the Autho∣rity aforesaid, That all such Servants as shall be in the Goal for their own Offences,* 1.134 shall serve their Masters double so long time after the expiration of the time they have to serve, by Custom, Indenture or Con∣tract, as he or they have lain in Goal for such their Offences as afore∣said. And shall further serve his or her said Master, after the rate of One Hundred Pounds of Sugar per Month, till he hath satisfied their Fees and other Charges his Master hath expended for him.

[Clause XX] Be it further Ordained and Enacted, by the President, Council and Assembly, and by the Authority of the same, That whosever, ei∣ther Master of a Family, or Captain or Master of a Ship,* 1.135 or other that shall entertain any Man or Woman above one Night, if he doth not know him or her to be free, shall for every Day or Night after the first,* 1.136 for∣feit one Hundred Pounds of Sugar. And if he knows him or her to be a Servant to another Man, do notwithstanding wilfully entertain him or her, he shall forfeit Five Hundred Pounds of Sugar for every Day or Night, the one half of the said Forfeitures to be to the Master or Owner of the said Servant, and the other half to the publick use; the same to be recovered by Action of Debt or Information, in any Court of Re∣cord of this Island.

And if any suspected Person come within any Plantation at unsea∣sonable Hours, or being there, shall stay more than a fitting time;* 1.137 It shall be lawful for the Master, his Overseer or Servants, to apprehend such Person, and keep him in Custody until he may be brought to the next Constable.

And if any Overseer, Freeman or Labourer, or Servant, shall entertain or hide any Servant belonging to any other Plantation; such Overseer, Freeman, Labourer or Servant, upon Conviction, before one of his Majesty's Justices of the Peace, shall for every such Offence serve the Master or Owner of the Servant or Slave so entertained by him, one whole Year after his time with his own Master of that Plantation is ex∣pired, for which he shall receive no Salary or Allowance but ordinary Plantation Cloaths, Shoes, Fish or Flesh for Provision.

[Clause XXI] It is further Ordained and Enacted by the Authority aforesaid, That no Overseer, hired or Covenant Servant, or driver of Horses,* 1.138 Cat∣tel and Carriage, Beasts or Carts, Wains or Waggons, presume without the Consent and Allowance of the Owner of the said Horses, Working Cattel or Carriage Beasts, Carts, Wains, Waggons, to ride them them∣selves, or to lend them to others to ride on, or load them for others, or for himself with any other Load, than what belongs to the Owner of the said Beasts and Carriages. And whatsoever Overseer, or Hired or Covenant Servant, or Driver, shall after publication hereof, do the con∣trary, shall upon Conviction thereof by the Oath of one or more Wit∣nesses, or the Parties own Confession, before any one of his Majesty's Justices of the Peace, be adjudged by the said Justice, Three Months Service to the Master or Owner for every time that he shall be con∣victed to have riden any of his Master's Horses or Beasts, Carts, Wains or Waggons, or loaden them, or any of them, with other Mens Goods, or

his own, or suffered any other to ride, load or work them without the Owners Consent, as is aforesaid; any former Custom or Usage to the contrary notwithstanding.

[Clause XXII] It is further Enacted and Ordained by the Authority aforesaid, That whatsoever Servant by Indenture or Custom, shall be found or ap∣prehended in the Act of running away,* 1.139 upon Board of any Ship, Bark or Boat upon departure from this Island, whereby it may justly be pre∣sumed, that the said Servant intended and prepared to escape and run a∣way unlawfully from the Island, and from his or her Master or Mistress's Service, or having first unlawfully absented him or her self from his or her said Master or Mistress's Service, be found by proof or other very substantial and notable Circumstances, endeavouring to get Aboard some Ship, Bark or Boat, to escape and run away unlawfully, as is aforesaid, from this Island, and his Master or Mistress's Service: Such Servant so taken on Board, or so endeavouring to get on Board, shall upon Con∣viction thereof, before any one of his Majesty's Justices of the Peace for this Island, be condemned Servant to his said Master or Mistress, for the full space and Term of Three Years, to be served and performed after his, or her first Indenture or Service by Custom shall be expired. And the Justice before whom such Conviction is made, is hereby re∣quired to make Record thereof: Any other Act, Statute or Ordinance heretofore made, or any other Clause in this Act contained, in any wise notwithstanding, and before the same Justice, the said Servant's Hair to be shaved off, by order of the said Justice.

And whereas divers Servants and Slaves have been carried off this Island to other Plantations and Colonies, to the great Damage and Prejudice of many the Inhabitants thereof, and no Remedy is provided for them, in regard the Master of the Ship is only bound in the Office, who perhaps is a mean Man, and perhaps never more comes to this place again. To prevent which for the future,

[Clause XXIII] Be it Ordained and Enacted by the Authority aforesaid, That no Master of a Ship or other Vessel shall be permitted to Trade or Traf∣fick,* 1.140 or to Wood or Water within this Island, until he hath given in Se∣curity by himself and Two others the Inhabitants of this Island, being either sufficient Free-holders, or resident Merchants, in the Sum of Two Thousand Pounds Sterling, that he will not directly or indirectly cause or suffer to be carried off this Island in his said Ship, any Servant or Slave belonging to any the Inhabitants of this Island, without the con∣sent or knowledge of the Owner. And that he shall search his Ship sufficiently before his departure, and certify under his Hand to the Secre∣tary for the time being, he hath so done; and that he is thereby well assured, that he hath no such Person in his said Ship. And also if he have any Passengers in his said Ship, he shall in the same Paper cer∣tify the Names of them.

[Clause XXIV] And all Constables within this Island, are hereby required to ap∣prehend all Run-aways,* 1.141 That they shall know of by credible Informa∣tion, and them in safe Custody convey from Constable to Constable, until they come to the common Goal, or to his Master or Mistress.

* 1.142And whatsoever Constable shall neglect his Duty herein, shall for∣feit Two Hundred Pounds of Sugar; half to the publick use of this Island, and the other half to the Owner of the said Servant, if he sue for the same in the Precincts where the Default is committed. In which Action, Issue shall be joyned, the Verdict taken, and Judgment

therein given the first Court; any further Law to the contrary notwith∣standing.

And to the end that no Person may pretend any ignorance in this Act or Statute, or any Branch or Clause thereof,

[Clause XXV] It is lastly Enacted and Ordained by the Authority aforesaid, That the Minister of every Parish-Church within this Island,* 1.143 twice every Year, (that is to say) the Sunday next before Christmas-Day, and the Sun∣day next before the Five and Twentieth Day of June, shall distinctly read and publish this Act in their respective Parish-Churches,* 1.144 upon pain of For∣feiting Five Hundred Pounds of Sugar for every neglect or failing they shall make therein, to be paid into the Treasury for the publick use of this Island, and to be by the Treasurer for the time being, recovered by Action of Debt or Information in the Court of the Precinct where such Neglect or Default is made. Dated the Twenty Seventh Day of Sep∣tember, 1661.

Signed, Humphrey Walrond.

N ^o 22. An ACT concerning the Conveyance of Estates.

[Preamble.] WHereas several old Acts made before the Usurped Power took Place in our Nation, much concerning the quiet and peaceable enjoyment of the Possessions of the Inhabitants of this Island, and the clearing their Titles to the same, have been altered, and in some measure impaired during those Times; and that the true intent and meaning of them are by many mistaken or mis-understood. To the intent there∣fore, that the respective Freeholders may be better informed touching the said Laws, and of the Benefit belonging to them thereby,

[Clause I] It is Ordained by the President, Council and Assembly, That the said Acts be forthwith published in their several Parish-Churches within this Island, hereby declaring, that the said Acts being made by and un∣der his Majesty, the only lawful Authority, and still of Force, and have been ever since the time of their first Enacting;* 1.145 which Laws follow in these Words. For that the King's Writs do not run here, whereby Fines and Recoveries cannot be here had and levied as in England, and yet here is as much and more use and need of them; for that few Men come to this Island with any intention to settle themselves and Posterities; but for the most part to gain or increase their Estates, and then to sell their Lands and return; which oftentimes cannot well be done, nor with Se∣curity to the Purchasers for want of such Fines and Recoveries, without some Act be made to supply the same.

[Clause II] Be it therefore Enacted, by the President, Council and general Assembly of this Island, That a Deed in due Form of Law made,* 1.146 and within Three Months after the Date thereof, be acknowledged before the Resident Governour for the time being, or before some other of the chief Judges for the time being, of some one of the Courts of Ju∣stice within this Island, by all the Parties that pass or grant away, or Lease for above the Term of Three Years, any Freehold or Inheritance by such Deed, or by so many of them, as there shall be living; or by any

other Person or Persons lawfully authorized under Hand and Seal, to convey or grant the same. (So that the same be recorded at length in the Secretaries Office of this Island within the said Three Months) shall be valid, to pass the same without Livery, Attornment, or any o∣ther Act or Ceremony whatsoever. And that no Deed hereafter without such acknowledgment and inrollment shall pass any Estate of Freehold or Inheritance, or any Lease above the number of Three Years.

[Clause III] Item, Be it further Enacted by the Authority aforesaid, That if any Married Woman shall be minded to alien her Jointure,* 1.147 Dower or any other her Estate of Freehold or Inheritance within this Island, or any part thereof, whether it be joint or in severalty, and do make any Wri∣ting under her Hand and Seal, to convey the same, and come before the Governour, or any other chief Judge of some of the Courts of Justice within this Island,* 1.148 to acknowledge the same: Then such Governour or Judge shall acquaint her what she is to convey by the same Writing, and for what Estate, and shall in private Demand of her, whether she be wil∣ling to the same, and whether she doth it freely and voluntarily, and not for fear,* 1.149 or by reason of any Threats or Menaces: And if she then confess, she doth it freely and uncompelled by fear or otherwise, Then shall her acknowledgment of the said Writing be received, and the Day of such acknowledgment with the Governour or Judges Name, before whom such Acknowledgment was taken, to be Endorsed and Sub∣scribed; and thenceforth such Writing shall become valid and firm a∣gainst her; and all that shall claim the Lands, Tenements or Heredita∣ments therein mentioned, to be granted for or under her, or in Right of hers.

* 1.150And also that a Fine levied in England by a Married Woman of her Jointure or Title of Dower, or other Free-hold or Inheritance here in this Island, being brought over and entred on Record here, shall be va∣lid, as if the same were of Land in England.

[Clause IV] Item, Be it further Enacted by the Authority aforesaid, That all and every Person or Persons,* 1.151 that now hath, have or claim to have any Estate above the Term of Three Years, of any Lands, Tenements or Hereditaments, shall bring into the Secretaries Office, there to be recorded at length, the Deed or Deeds, in case they are not already inrolled, by which he or they immediately claim or hold the same, within the space of one Year next ensuing the Publication hereof; or else such Deed or Deeds, to be utterly void to all Intents and Purposes whatso∣ever.

[Clause V] Item, Be it further Enacted by the Authority aforesaid, That if any Person or Persons now in Possession of any Lands,* 1.152 Tenements or Hereditaments within this Island, have, or hath quietly, without lawful interruption, enjoyed the same severally or successively by the space of Five Years last past; That such Person or Persons now in Possession, shall have good Right and Title to the same, against all Men whatso∣ever, for and during the Estate, whereof he or they are possest: Ex∣cepting such only as shall prosecute their Title to the same, within Two Years after the publication of this Act; and such Married Women, and Persons under the Age of Twenty One Years, and of unsound Memory, prosecuting their respective Titles, within one Year after their being unmarried, becoming of full Age, and of sound Memo∣ry.

[Clause VI]

Item, Be it further Enacted by the Authority aforesaid, That if any Person or Persons to whom any Right or Title to Lands or Te∣nements shall hereafter descend or come,* 1.153 do not prosecute the same with∣in Two Years after such Right or Title accrewed; That then he and they, and all claiming under him and them, shall be for ever barred to recover the same: Excepting such Marry'd Women, Persons under Age of Twenty one Years, and of unsound Memory, as shall prosecute their respective Rights within one Year after their being unmarried, become∣ing of full Age, or of sound Memory.

[Clause VII] And be it further Enacted by the Authority aforesaid, That the Secretary of this Island, that now is, or hereafter shall be,* 1.154 or his Deputies or Clerks, shall with all expedition faithfully, truly and fairly, record all such Deeds, as from time to time shall be brought unto him or them to be enrolled. And that neither the said Secretary, his Deputy or Clerk, shall directly or indirectly, receive for the Recording of any one such Deed, above Fifty Pounds of Tobacco, or the value thereof,* 1.155 in other Goods of this Island, under the Penalty of the Secretaries forfeiting a Thousand Pounds of Tobacco, besides such Damages as the Party injured by his neglect shall suffer, for every Deed that he shall neglect to inroll as aforesaid. And also, That a like Quantity of Tobacco,* 1.156 for every Pound of Tobacco that the said Secretary, his Deputy or Clerks, or ei∣ther, or any of them, shall take above Fifty Pounds for the said Inroll∣ment; the said Penalties and Forfeitures to be paid unto the injured Per∣son or Persons, and by him or them to be recovered by Action, or se∣veral Actions of Debt, in any, or either of the Courts of Record within this Island, at the Election of the Plaintiff, or several Plaintiffs, wherein no Essoin, Wager of Law, or Protection, shall lye or be allowed unto the Defendant.

[Clause VIII] Item, Be it further Enacted by the Authority aforesaid, That whosoever shall Imbezel, Raze,* 1.157 Interline or Deface any Record of this Island, and be thereof lawfully convicted by the Verdict of Twelve Lawful Jurors, shall incur the pain of Death, as in case of Felo∣ny.

And that such Person or Persons, whose Estate such Record so Im∣beazled, Razed, Interlined or Defaced, shall concern, shall immediately after such Conviction as aforesaid, have just Right and Title to Seize,* 1.158 Enter upon, or recover all the Estate both Real and Personal, of such Persons as shall in due form of Law, be convicted of such Imbezeling, Razing, Interlining or Defacing as aforesaid.

[Preamble.] Item, Whereas by the Laws of England, Married Women (in re∣compence and consideration of the Portions which they bring unto their Husbands) by their very Intermarriage, have an Inception of Title of being endowed after the Decease of their Husbands, as well of all the Lands and Tenements whereof their Husbands were at any time during the Coverture with them, solely and actually possest and seized of any Estate in Fee-Simple, or Fee-Tail general, which was by him a••••ened un∣to any other Hands during the Coverture; as of those whereof he died actually seized of any such Estate as aforesaid. The reason of which Law failing here, the Usage hath been uncertain and variable in that case, and no Law hitherto declared therein,

[Clause IX] For the future Settlement whereof, Be it Ordained, Published and Enacted, by the Governour, Council, and the rest of the Assembly,

That henceforth every Woman immediately after the Decease of her Hus∣band (not having a Jointure made before Coverture here or elsewhere) shall have right of Dower,* 1.159 and shall be endowed of one third part of all the Lands, Tenements and Hereditaments, whereof her Husband died seized in this Island, according to the Laws of England; and in like manner, as she should have been, if her Husband had died seized of any Lands within the Kingdom of England. And that no Woman shall be endowed, or have any right to be endowed of any Lands, Te∣nements or Hereditaments within this Island, but such only, whereof her Husband died, or shall dye actually and solely seized in Fee-Simple, or Fee-Tail general as aforesaid, and no other. Dated the Eleventh of September, One Thousand, Six Hundred, Forty and Nine. And for a∣voiding of further Disputes about the Title of Land,

[Clause X] It is hereby further Declared and Enacted by the Authority aforesaid, That in all Actions concerning Titles of Land, it shall be a good Plea in Bar of such Actions, for the Defendant to alledge, That he and they, whose Estate he hath, have been in quiet and peaceable Pos∣session of the said Lands in Question, for, and during the Space of Five Years.* 1.160 And this Plea duly entred, shall bar the Plaintiff or Demandant, unless he can disprove the same, or make it appear, that the said Five Years quiet Possession, incurred during the time that the said Plaintiff or Demandant was under the Age of Twenty One Years; a Woman un∣der Coverture, of unsound Memory; or that the Defendant or Tennant held the same, as his Attorney or Tenant, Servant or Overseer, or by virtue of some particular Estate for Years, Life or Intail, which at, or before the time of that Action brought, was expired. Dated the Twenty Seventh of September, One Thousand, Six Hundred, Sixty and One.

Humphrey Walrond.

N ^o 23. An ACT for the better Amending, Repairing and Keeping Clean the common High-ways, and known Broad Paths within this Island leading to Church and Markets, and for laying out new Ways, and turning old Ways where it shall be need∣ful.

[Preamble.] WHereas divers good Laws and Statutes have been heretofore made and Enacted in this Island, for the amending, Repairing and keeping Clean the Broad Paths, and common High-ways within the same; and for making New, and turning Old, where it shall be requi∣site: Which notwithstanding through remissness, and want of due Exe∣cution, have not wrought the desired effect. To the intent therefore it may be duly remedied for the future,

[Clause I] Be it Enacted and Ordained by the President, Council and As∣sembly, and by the Authority of the same, That in every Parish with∣in this Island, the Vestry-Men of the several and respective Parishes, or as many of them as shall then meet, shall within Ten Days after Publi∣cation

hereof, and ever after,* 1.161 on the Third Monday in January in every Year, by Ten of the Clock in the Forenoon, meet at their Parish-Church, and then and there elect and choose Four Able and Substantial Free∣holders, to be Surveyors within the same, for one whole Year then next ensuing; none to be capable of being so chosen, that are not seized at least of Twenty Acres of Free-hold in their own Right, or in the Right of their Wives, or possess'd of Thirty Acres Lease-hold.* 1.162 And where the said Vestries shall fail, the Justices of the Peace at the next Quar∣ter-Sessions for that Precinct, shall upon Information thereof, nominate the Surveyors for such Parish. And every Vestry-man that shall be wanting at the time, for choice of Surveyors above limited, shall fofeit Two Hundred Pounds of Sugar for the use of the High-ways, unless he can shew sufficient Cause for such his Absence, to be approved of by such Gentlemen of the Vestries as did appear, or by the Major part of them.

[Clause II] That every Person so elected and appointed Surveyors of the High∣ways as aforesaid, shall undertake the Office,* 1.163 and shall within Ten Days after such his Election, or being appointed as aforesaid (due notice there∣of being given him) procure himself to be Sworn before some one of his Majesty's Justices of the Peace within the said Parish, diligently and faithfully to perform and execute the Office of Surveyor of the High∣ways within the Parish, for the Year then next ensuing, and faithfully to account for all such Sugars and Mens Labours, as shall be paid or ap∣pointed him by virtue of his said Office: Which Oath, the said Justices or any one of them, are hereby required and authorized to administer. And if any such Person so elected, shall refuse to accept of his said Of∣fice, or to procure himself to be Sworn as aforesaid, that then every Person so failing, shall forfeit for the same, One Thousand Pounds of Sugar.

[Clause III] That such Surveyors of the Highways having accepted the Office, and being Sworn as aforesaid, shall diligently apply themselves to the Duty and Execution of their Office, and shall within Ten Days after their respective Oaths taken, view all the High-ways and publick Broad Paths,* 1.164 where Carts or Carriages usually pass, and all common Bridges be∣longing to the said Parish, and all Water-courses, and also all Streets and Causeways, and common Nusance; in the said Ways and Streets within their respective Parishes, and shall consider what Reparations and Alterations will be needful, and what new Paths necessary to be made, and what quantity of Sugar, or Tax of Mens Labours, or of both, will be requisite and necessary to be raised within the said Parish, for Amend∣ing, Repairing and Perfecting the same,* 1.165 upon pain of forfeiting re∣spectively, Two Hundred Pounds of Sugar.

[Clause IV] That the said Surveyors do within Six Days after such view, give publick notice in the Church or Chappel,* 1.166 to the Gentlemen of the Ve∣stry, to meet at a Day appointed, to make an Assessment of Goods or Mens Labours, or of both, at their Election for Mending and Repairing the said High-ways and Streets, for Making and Repairing of Causeways and Bridges as aforesaid, for cleansing of Ditches, and removing of pub∣lick Nusances, and laying out New, or altering the Old Ways as afore∣said: At which Meeting, the Vestries of the several Parishes, are here∣by impowered and authorized, to assess the Parishioners, so many able La∣bourers, Servants or Slaves; or if need be, Goods, or both Labourers and Goods, as their several proportions of Land will admit, and the

present necessity of Repair. Provided the said Assessment exceed not for each Ten Acres, one Man for Two Days, or Ten Pounds of Sugar, and also upon the dead Goods or Stocks in Trade, of any Parishioner, according to the same Proportion, for one Hundred Pounds Sterling Va∣lue.

[Clause V] And in case the said Vestries in their respective Parishes, or the ma∣jor part of them shall not meet, or meeting, shall not agree amongst themselves, to make such a Rate, Assessment or Levy, within Two Days after their first appointed time of Meeting:* 1.167 That then the Surveyors of the High-ways themselves, shall make a Rate in Writing according to the Directions aforesaid; and such Rates as the said Vestries or Surveyors respectively shall so make,* 1.168 (being confirmed by one of His Majesty's Ju∣stices of the Peace living in that Parish) shall stand until Complaint of some Irregularity or inequality therein, be made to the Justices of the Peace at the Sessions, or any Two of them then present; who, if they see Cause, may alter the same. And if the said Justices shall find cause to alter it, then the said Rate, with such Alterations as they shall make, shall stand without any further Appeal.

[Clause VI] And in case where common Nusances are in the High-ways, or where any common High-ways or Broad Paths in any Parish are not Sixty Foot wide in standing Wood,* 1.169 and Forty Foot at least, where the standing Wood is of one side of the way, and Twenty Four Foot wide at least in open Ground, but are streightned by reason of Inclosures, either by Hedges, Ditches, Walls or the like; or where the Hedges are not plashed, trimmed and kept low, so often as occasion shall require; and the several High-ways kept clean from Trees, Bushes, Weeds, Stumps, Loggs, Boughs and long Grass, by the several and respective Inhabitants of this Island within their several Plantations; or where either Physick, Nut, Fences or other Hedges and Inclosures are not kept Lopt and Plashed; so as the Wind and Sun may have the more power to dry the said High-ways: That then, and in any of the Cases before-mentioned, the said Surveyors or any Two of them, shall by Warrant under their Hands, enjoyn the Occupiers or Tenants of the said Land, to see the same performed.

And in case the said Tenants or Occupiers shall neglect to perform the same within Ten Days after such Warrant served on them, and be thereof convicted before any one Justice of the Peace within that Pre∣cinct, by the Oath of Two Witnesses, or his or their own Confession: That then every such Person shall forthwith be fined by the said Justice,* 1.170 the quantity of One Thousand Pounds of Sugar, to be paid to the said Surveyors or one of them, and by Mittimus of the said Justice, to stand committed to Goal, until he hath paid the same. With which Sugar, the said Surveyors, who receive the same, shall immediately hire La∣bourers to open the said Ways, according to the respective Dimentions a∣bove appointed, and clear and order the same as aforesaid; and the O∣verplus, if any be, to apply to the mending the other Ways within the said Parish.

[Clause VII] And if any the Parishioners rated as aforesaid, towards the mending of High-ways as aforesaid,* 1.171 shall fail to pay to the Surveyors of his High-ways, his Proportion of Tax rated on him by the Space of Seven Days after publick notice and warning for Payment thereof: That then e∣very such Parishioner failing, shall pay double as much as he is rated at in the Tax.

[Clause VIII]

And for the more effectual mending the said High-ways, publick Bridges and Streets, and for removing publick Nusances out of the same,* 1.172 and for making and mending Causeways where occasion shall require, the Surveyors afore-mentioned, shall Yearly at such convenient times as they shall agree upon, Summon the Neighbourhood to send to the Place appointed, so many able Labourers, Servants or Slaves, as they are asses∣sed, with such Tools as the said Surveyors shall direct, and are proper and convenient for the said Work.* 1.173 And whosoever shall make Default therein, shall forfeit and pay for every Labourer, Servant or Slave so wanting, Assessed as aforesaid, for each Day Twenty Pounds of Sugar, to be levied by Distress, by Warrant under the Hands of the said Sur∣veyors, or any Two of them, who are hereby impowered to sell the said Distress; returning the Overplus, if any be, above the said Penalty and Charges of Prosecution to the Owners.

[Clause IX] And the said Surveyors or any Two of them, are hereby further im∣powered to dig for, and get Stones, Gravel, Sand,* 1.174 Marl or any other Material fit for mending the High-ways in or upon any waste or com∣mon Ground within the Parish; or if they cannot there conveniently be had, in, or upon any Private Man's Pasture or other Grounds, not un∣der Canes, Cotton, Tobacco, Indigo or Ginger, where it may be had within the Parish, or within any other near adjoining Parish, with con∣venient Way for sending for, and bringing the same at such seasonable Times, and for such reasonable Satisfaction, and Composition to such private Persons to be made, as the said Surveyors and Occupiers of such Lands shall agree upon. And in case of Disagreement betwixt them, then for such Satisfaction as any Justice of Peace next adjoining shall set down and appoint; and such Order as the said Justice shall set down, shall be final to the Parties without further Appeal.

[Clause X] And for the more ease and conveniency in mending and Repairing the said High-ways or Bridges, or removing publick Nusances, the said Surveyors or any of them, have hereby power and authority,* 1.175 to impress any Wain with Six Oxen, or Cart with Five Horses, for Carriage of any the said Stones, Gravel, Sand or Marl, or other Materials as aforesaid, each Cart or Wain to have Two Able Men of the said Owners thereof, to go with them: In lieu whereof, and for recompence of the Party, whose Cart or Wain with Two able Men is so imployed, the said Sur∣veyor shall allow and deduct for each Days Work of such Cart or Wain, the Work or Labour of Twelve Men, out of the Assessment of the Owner of the same. And in case the said Owners Tax will not a∣mount to his full Satisfaction, then the Overplus shall be paid him by the Surveyors in Sugar out of the Parish Tax, according to the said va∣luation.

And whereas it hath been by experience found, the planting of Prickles by, or adjoining to any High-way or Broad Path within this Island, is not only inconvenient, but dangerous to his Majesty's good People travelling about their lawful Occasions.

[Clause XI] Be it therefore Enacted and Ordained by the Authority aforesaid, That after Publication hereof,* 1.176 none of the Inhabitants of this Island pre∣sume to plant or make Fences by any of the High-way Sides of any the said Prickles, commonly known, and commonly called by the Name of Broad-Prickle-Pair-Bushes, or Pimpeloes. And whosoever hath already planted the same by any High-way as aforesaid, shall remove them within Three Months after Publication hereof; unless they make some

Stone Wall, or substantial Fence between them and the High-way, upon pain of forfeiting for every such Offence, Three Hundred Pounds of Su∣gar; and so every Three Months, if not removed.

[Clause XII] And be it further Enacted by the Authority aforesaid, That in Places where Ditches adjoining to the common High-ways, or serving to lead the Waters from such High-ways,* 1.177 are, or shall be undrest or un∣scoured, or where Waters do run into, or stand in any such High-ways, to the Annoyance of the Passengers; the said Surveyors are hereby im∣powered and required, in all such respective Places, to cause such Ditches to be drest and scoured, and to stop and divert any such Water-course, and to turn the Water into any adjoyning Ditch, or to make new Ditches in convenient Places through the Grounds adjoining, for the most con∣venient conveying away such Waters as aforesaid.

[Clause XIII] And whereas in many Places, the High-ways are very deep, or scarcely passable, which may with more ease, and less charge to the Pub∣lick be altered than amended:* 1.178 And whereas to some Plantation or Plan∣tations, no High-ways are yet laid out; Then, and in such Case, the Surveyors shall thereof inform the Two next Justices of the Peace, who are hereby impowered and required to issue out their Warrant to the next Constable,* 1.179 for impanelling a Jury of the Neighbourhood of the said High-ways or Plantations, where they are wanting, for altering the old, and laying out a new High-way, together with a streight Path lead∣ing to the general Way, for such Plantations as want it as aforesaid, with most Conveniency, and least Detriment to any Private Person that may be. Which said Jury are hereby impowered to allot and lay out the same, according to the Dimentions before expressed. And if any Juror lawfully Summoned, shall neglect to appear, or appearing, shall refuse to perform his Duty by this Act required, unless he shall give a lawful Excuse to be allowed by the said Two Justices; he shall forfeit for such his Default,* 1.180 Three Hundred Pounds of Sugar. And if any Constable shall not give his Lawful Summons to the said Jurors, accor∣ding as he is by Precept under the said Justices Hand directed, without lawful Excuse to be allowed as aforesaid, he shall fofeit for such Default, Three Hundred Pounds of Sugar.* 1.181

[Clause XIV] And be it further Enacted by the Authority aforesaid, That all Sums or Quantities of Sugar arising by Assessment or otherwise, by Ver∣tue of this Act, and all Issues to be forfeited by Jurors for not appear∣ring, to pass upon any Information or Indictment, for not repairing and keeping clean any High-ways, or not removing Defects or Nusances in any Streets or High-ways, and all Fines or Amerciaments to be im∣posed on any Parish or Private Person, for not repairing Highways, or not performing their Duty and Duties in and by this Act required, shall be imployed and bestowed by the said Surveyors of High ways in pay∣ing Work-mens Wages, for doing such Work, and for such other Im∣ployments as are hereby appointed to be done and performed, and shall be levied by virtue of this Act,* 1.182 by the said Surveyors of High-ways or Constables, or any of them, by Warrant from any Justice of the Peace within the Parish; who is hereby upon Conviction of the Offender, by Two Witnesses, or his own Confession, required and impowered to grant the same by Distress and Sale of the Goods of such Persons of∣fending as aforesaid.* 1.183 And for Default of such Distress, or Non-pay∣ment of the said Sugar, by the Space of Ten Days after demand thereof made, or left at his House in Writing, under the Hands of the said Sur∣veyors

or Constables, or either of them, the Party so in Arrear, shall be by Warrant from the said Justice of Peace, before whom such Convic∣tion was had, committed to the common Goal, there to remain without Bail or Mainprize, till he hath paid double, what shall be so in Arrear, or by Fine, or other Penalty is charged upon him to pay, together with Charges incurred to the Party prosecuting for such Default.

[Clause XV] And if any Suit shall be commenced by any Person against any Con∣stable or Surveyor of the High-ways,* 1.184 or against any Person imployed by them, or any of them, or authorized by this Act to do or perform, as by this Act is directed for doing or performing as aforesaid. That then, and in every such Case, the Action shall be laid in the proper Pre∣cinct where the Fact was done, and not elsewhere. And the Defen∣dant may plead the general Issue to it, and give the special matter in E∣vidence at the Trial, that what was done, was done in pursuance of this Act. And if upon Examination it shall appear to be done, then the Jury shall find for the Defendant. And in such case also, if the Plain∣tiff shall be non-suited, or discontinue his Action after the Defendant has appeared, the Defendant shall have his full Costs, what upon Oath he shall make appear to any Judge, before whom such Trial or dis-continuance is had, he laid out in defence of such Suit, and also one Thousand Pounds of Sugar more, in regard of this unjust trouble and vexation taxed by the Court against the Plaintiff.

[Clause XVI] And be it further Enacted and Ordained by the Authority afore∣said, That every Surveyor elected or hereby appointed as aforesaid,* 1.185 shall Yearly within one Month after the expiration of the Year wherein he was so Surveyor, make and yield up to the Vestry of the said Parish, a true and perfect Account in Writing, at some publick Meeting, to be ap∣pointed by the Vestry, of all the Sugars he hath received or paid out, within his Year, for, or by reason of his said Office, namely, of whom and what received, and to whom and what paid. And if any Over∣plus do remain in his Hands, he shall pay the same over to the next Sur∣veyors, or one of them then in being, for the use of the said Parish, to be disbursed in and about the High-ways.

And if such Surveyor shall refuse or neglect to make such Account or Re-payment as aforesaid, That then it shall be lawful, to and for any one of his Majesty's Justices of the Peace within the Parish or Pre∣cinct, and upon such Default found on the Surveyor's part, to commit such Surveyor to the common Goal,* 1.186 there to remain without Bail or Mainprize, until he shall make such Account and Payment as aforesaid: Together with such satisfaction for the Damage, as the said Vestry and Parish have sustained by reason of such neglect, and as any one Justice shall judge reasonable. But if the said Justice shall find such Ac∣count to be clear and good, then he is to allow the same; and such Surveyor is not afterwards to be questioned or troubled therea∣bouts.

[Preamble.] And whereas several Persons for their private Commodity, have, or hereafter shall in the High-ways, which run through Plantations, e∣rected Gates; through which, all Travellers being necessitated to pass the same, by reason of the Narrowness thereof, becomes in Wet Weather, very Deep, and almost Impassable; to the great Trouble and Damage of his Majesty's Liege People. For Remedy where∣of,

[Clause XVII]

Be it further Enacted by the Authority aforesaid, That all such Gate-Places on the publick Road,* 1.187 shall be at least Ten Foot in wide∣ness, between Post and Post; and they shall be made at the Charge of the Owner of the said Land, where such Gate shall be, within Three Months after Publication hereof: A good, firm and sufficient Causeway, or firm Gravel Path, of the full wideness of the said Gate, and to ex∣tend in length Twenty Foot of each side of the said Gate, and shall continually keep the same in Repair. And in case any Person so having a Gate as aforesaid, shall neglect to make it of the said wideness, or to make the Causeway within the time aforesaid;* 1.188 he shall forfeit Two Thousand Pounds of Sugar, to be levied and disposed of in manner as aforesaid; and shall likewise forfeit for every Three Months after that he shall neglect the same, the quantity of Two Thousand Pounds of Su∣gar, until he hath made the said Causeway, as is in this Act prescribed. And after the said Causeway made, if the said Person shall neglect to Repair the same, within Twenty Days after he is ordered to do it, by the Surveyors of that Parish, or by any one of them, he shall forfeit for every such Default, One Thousand Pounds of Sugar, to be levied and imployed as aforesaid.

And the Surveyors of the several Parishes are hereby impowered and required,* 1.189 to take away all Rails that shall be put up in any com∣mon High-ways in the Passage. And in case any Rails shall be so here∣after put up, the Parties shall forfeit for every such putting them up, Two Hundred Pounds of Sugar, to be levied and disposed of as afore∣said.

[Preamble.] And whereas the High-ways in open Ground are in many Places already by Fences reduced to a narrower scantling than by this Act is required, which now to widen, might be of great Damage to the Owners of the Land of each side of the said way: For Prevention whereof,

[Clause XVIII] Be it further Enacted by the Authority aforesaid, That if the Owners of the said Land, do within one Month after Publication here∣of,* 1.190 make a firm, plain and sufficient Causeway or Gravel Path between the said Fences, (provided the same be broad enough for Two Carts to pass each against other) and also to enter into Bond for One Hundred Pounds Sterling, to the Surveyors of the said Parish for the time being, and their Successors, for the use of the said Parish, constantly to keep the same in good Repair;* 1.191 Then and in such case, the Surveyors of the High-ways, shall forbear to beat down the said Fences, or widen the said Way: Any thing in this Act seeming to the contrary notwith∣standing.

[Preamble.] Whereas it hath been taken into consideration, that if the Parishes nearest adjoining to the Sea-side, should at their own proper Costs and Charges, maintain their High-ways and Causeways, it might possibly become over-burthensome unto them, in regard their Ways be nearer the Center, and are more in number, and more used and worn; of which the Parishes farther off, have the Benefit and Conveniency; and therefore it seems most equitable,* 1.192 that they should in some mea∣sure contribute towards the Maintenance and Repair of them. For which purpose,

[Clause XIX] Be it further Enacted and Ordained by the Authority aforesaid, That upon all extraordinary Occasions of Charge in reparation as afore∣said, of the High-ways, Causeways, Gravel, Paths or Bridges in the

Parishes nearest the Sea, such reasonable Contribution shall be made out of the Parish Stock, by the Surveyors of those respective Parishes which have the benefit of such Reparations,* 1.193 as to the Justices of the Peace at the general Sessions upon hearing the whole Matter, shall be judged fit and reasonable.

[Clause XX] Item, If any Justice of the Peace shall refuse or neglect to perform that Duty, which by this Act is required of him;* 1.194 Such Justice upon Conviction thereof by the Oath of Two Witnesses, or his own Con∣fession before the Commander in chief for the time being, and any Two more of the Council, shall be adjudged to forfeit the Quantity of Ten Thousand Pounds of Muscovadoe Sugar, and to stand committed, until he have paid the same into the Hands of the Surveyors of the said Parish where the said Default was made, to be disposed of for the use of the High-ways as aforesaid.

[Clause XXI] And lastly, Be it Enacted and Ordained by the Authority afore∣said, That all Acts, Laws and Statutes formerly Made,* 1.195 Enacted and Or∣dained, for, and concerning any broad Paths or High-ways within this Island, and provided for in this Act or any Clause thereof, be and are hereby declared to be void and null, to all intents and purposes whatso∣ever: Any Law, Usage or Custom to the contrary notwithstanding. January the Ninth, 1661.

Signed, Humphrey Walrond.

N ^o 24. An ACT concerning Ships, and the Duty of their Masters or Merchants upon their Arrival, with the appointment of the Impost of Poundage and Tunnage.

Repealed by Act made in 1697.

N ^o 25. An ACT concerning the General Sessions. This Act is Re∣pealed by an Act made in Sir Richard Dutton's time.

Repealed by Act N. 300.

An ACT concerning Persons intended to depart this Island,* 1.196 and the setting up their Names in the Secretary's Office, and Warrants of Arrests.

N ^o 27. An ACT for setling the Militia mthin this Island.

Repealed by several Acts following.

N ^o 28. An ACT for the restraining the Excessive taking of Ʋsury within this Island.

This Act is comprized in an after Act.

N ^o 29. An ACT concerning Forestallers, and Ingrossers of Provi∣sions.

This Act is comprized in an after Act, N. 172.

N ^o 30. An ACT for continuance and observation of all Acts and Sta∣tutes not Repealed.

[Preamble.] WHereas there are divers and sundry good and wholsome Laws, Statutes and Ordinances Provided, Enacted and Made, Assigned and Agreed upon, by, and with the Assent, Consent and Approbation of the Governour, Council and Free-holders out of every Parish of this Island of Barbados, intituled, A General Assembly for that purpose elected, made and chosen.

[Clause I] It is hereby Enacted, Published and Declared, That all and sin∣gular the said Statutes, Laws and Ordinances so made by the general Assembly, shall from henceforth continue, be and remain in full force and power, to be truly and effectually observed, performed, fulfilled and kept from time to time, and at all times hereafter, by all and singular the Inhabitants of the said Island and others, which from time to time shall be and remain upon this Island, that none of the said Articles, Statutes, Laws and Ordinances shall at any time hereafter be repealed or nullified in part, or in whole, nor any thing thereunto added, without the Assent, Consent, Advice and Approbation of a like general Assembly, consist∣ing of the Governour, Council and Free-holders; which Free-holders are freely to be Elected and Chosen by the Major Voice of the several Parishes respectively within the said Island, being Two at the least in each Parish.

* 1.197An ACT for setling a Regiment of Horse within this Island.

N ^o 32. An ACT prohibiting all Persons to incroach upon their Neigh∣bours Line.

[Preamble.] WHereas many Persons upon Pretence that they wanted their Pro∣portions of Land, have incroached upon their Neighbour's Line, and made use of great Parcels of their Lands, and fallen and cut down many of their Marked and Timber Trees of a good value; whence hath risen present Difficult Suits of Law, by reason that oftentimes no marked Trees or corner Trees were to be found; when as in truth such Incroacher hath well enough known their Bounds and Limits; which hath been much to the Injuries and Damages of poor People within this Island; who have not thereby only lost their Timber Trees and Land, but also other Priviledges and Commodities which thereby did accrew to

them. For Prevention whereof, and other like Mischiefs that de∣pend thereon for the future,

[Clause I] It is Ordained and Enacted, by the Governour, Council and Assembly, and by the Authority of the same; that whatsoever Person shall presume to incroach upon his Neighbour's Line within the old Bounds, or cut down any Corner or marked Trees directing in the Lines, or any other Trees out of his own Bounds, shall forfeit for e∣very such Marked and Corner, or Timber-Trees so cut down, Five Hundred Pounds of Sugar; and for every other one Hundred Pounds of Sugar; all which shall be recovered by the Party Suffering, by Action of Debt in any Court of Record within this Island. Dated the 30th of August, 1656.

N ^o 33. An ACT for the Annual Rates of Wines and other Strong Li∣quors.

Repealed.

N ^o 34. An ACT to prevent the prejudice that may happen to this Island, by Loose and Vagrant Persons in and about the same.

[Preamble.] WHereas it hath been taken into great consideration the great num∣ber of Loose, Idle, Vagrant Persons, in and about this Island, who are of no certain Imployment,* 1.198 and have no constant Residence or Place of Aboad; whereby they become ready to make use of all Advantages, and upon all Occasions to act to the prejudice of this Place, and the di∣sturbance of his Majesty's Peace and Quiet of the same.

[Clause I] It is therefore hereby Enacted and Ordained by the Governour and Council, with the Consent of the Gentlemen of the Assembly, That the several Justices of the Peace within their several and respective Precincts within this Island, where they live, have hereby Power to take notice of all such Persons, who have no constant Place of Aboad, and are of no settled Imployment and Calling, the Names of all such Person and Persons, forthwith to inlist and send the same to the Gover∣nour. To the intent such Consideration may be had therein, that all such Persons may be imployed in some necessary work, to the De∣fence of this Island, and the Peace and Tranquility thereof from time to time preserved.

N ^o 35. An ACT for the Binding out Apprentices.

Expired.

N ^o 36. An ACT for the making good, and clearing the Ways of the Streets and Lanes in and about the Indian-Town, Spight's-Bay, alias Little-Bristol.

Repealed by Act 102.

N ^o 37. An ACT for the appointing and nominating of Streets, Lanes, Alleys, Wharfs and other Passages convenient in and about the Town of St. Michael's.

Repealed by Act 107.

N ^o 38. An ACT to prevent the danger that may happen by Fire, in, or about the Sea-port Towns within this Island.

Obsolete.

N ^o 39. By the Governour, Council and Assembly concerning Taxes.

Expired.

N ^o 40. An ACT for the disposing of several Fines, that are imposed upon several Persons for several Misdemeanours done within this Island.

[Preamble.] WHereas it hath been taken into consideration the many and veral Fines that have been imposed and laid upon several People for their Miscarriages before the Governour and Council at the time of their Sitting, and for their Contempts and Misbehaviour in the several Courts of Judicature within this Island, and for neglect∣ing attendance on the said Courts, when duly summoned thereto, &c. And for that for the times past, no strict Course hath been taken for the levying the said Fines, and no Account hath been hitherto rendred, what hath become of the same; which tends much to the detriment of the publick Stock, and benefit of this Island. For Prevention where∣of, and Remedy therein for the future, and to the intent that all such Fines may be duly levied and received into the publick Treasury, for the use and benefit of this Island.

[Clause I] Be it Ordained and Enacted, and it is hereby Ordained and E∣nacted by the Governour, Council and Assembly, and by the Authority of the same, That from and after Publication hereof, the Clerk or Clerks of the several and respective Courts within this Island,* 1.199 for the several and respective Precincts, shall keep a just and true Account of all such Fine or Fines that shall be laid or imposed upon any the Inhabitants of this Island, for any their Misdemeanors in the said Courts, or neg∣lecting their Attendance on the same, when duly Summoned thereto, &c. by the Judge or his Assistants.* 1.200 And that the said several Clerks shall every Two Months deliver unto the several Marshals of the said se∣veral and respective Courts, as also unto the Treasurer of this Island for the time being, within every such time, all and every such List of Fines within the Precincts of their Courts, attested under his or their Hand or Hands. Which said Marshal or Marshals, is hereby re∣quired

upon Receit of the same,* 1.201 to repair to the Judge of his or their Courts within the Precincts for Execution for levying of the same upon the Goods or Persons of such as are Fined, the said several Judges of the respective Courts being thereby authorized, impowered and required to sign such Execution or Executions, for levying the said Fines within his Precincts, upon the Goods or Persons so fined as aforesaid, as in case of Debt or otherwise.* 1.202 Which said Marshals of the several and respective Courts, are hereby required and authorized, to levy and ex∣tend the same Executions, and to Appraise and Sell all such Goods for making good the Payment of such Fine or Fines as aforesaid, in man∣ner and Form, as hath been heretofore accustomed for Executions for Debts within this Island; and upon any such Appraisement, to return the Overplus, if any be, to the Owner thereof; reserving to himself out of the Goods so Attached, or receiving from the Party, whom the Execution is against, his usual and accustomed Fees,* 1.203 as in case of Execu∣tion for Debt.

And upon any Receit of all such Goods as the said several and re∣spective Marshals shall have and receive, by reason and cause afore∣said, they are hereby required to carry, convey and deliver the same,* 1.204 at the Costs and Charges of him or them, whom the Execution is a∣gainst, to the Treasurer for the time being; who is hereby required and authorized to receive the same, for the publick use and benefit of this Island; the said several and respective Marshals, taking from the said Treasurer for the time being his Receit, shall be, and is hereby declared to be his or their sufficient Discharge. And to the intent that all due Observance may be had hereto, and that no neglect be given herein,

[Clause II] Be it further Ordained and Enacted by the Authority afore∣said, That whatsoever Clerk or Clerks, Marshal or Marshals, shall make Default in their Office and Duty herein, or be wanting or neg∣lecting in the performance thereof, as is before expressed, shall for such his, or their Default or Neglect, be ousted and dismist from such, his or their Office or Place, and shall likewise be committed, and lye in the common Goal for Three Months, without Bail or Mainprize; the same to be immediately executed upon him or them, upon his or their Conviction, upon the Oath of one or more Witnesses, or o∣ther sufficient Proof before the Governour, or any one Justice of the Peace.

N ^o 41. An ACT for the Regulating and Appointing the Fees of the several Officers and Courts of this Island.

[Preamble.] WHereas it hath been taken into serious Consideration, the great Burthen the several Inhabitants of this Island have sustained and complained under, by reason of the extraordinary Fees to and unduely exacted by the several Officers of the several and respective Offices and Courts within this Island, whereby oftentimes the Charges exceed the Value of the Suit. For Remedy whereof for the future, and to the intent all the said several Fees or Demands, of the said several

Courts and Offices may be certainly made known, and all Exactions and unlawful Demands by them be prevented and punished.

[Clause I] Be it Enacted, Ordained and Established by the Governour, Coun∣cil and Assembly, and by the Authority of the same, that the Secretary nor any other Officer or Officers whatsoever belonging to this Island, and to the several Courts of the same, by himself, Deputy, Clerk or Servant,* 1.205 shall after Publication hereof, receive or take any other Fee or Fees, for any Business hereafter named, than is for the same hereafter expressed and annexed hereto, under Penalty of Forfeiting or Losing his, or their Office or Offices, and lying in the common Goal, with∣out Bail or Mainprize, the space of one Month; the same to be im∣mediately executed upon him or them, upon his or their Conviction, upon the Oath of one or more Witnesses, or other sufficient Proofs be∣fore the Governour or any Justice of the Peace. And to the intent that all due order may be herein kept and observed, and the Inhabitants of this Island may not be ignorant thereof,

[Clause II] Be it further Enacted, Established and Ordained by the Autho∣rity aforesaid,* 1.206 That the Secretary's Fees and Prices thereof, according as they are in this Act annexed, set down and expressed, be fairly ingrossed and hung up in the Secretary's Office; that all the several Officers as Clerks of the several and respective Courts and Chancery,* 1.207 and Marshals of the several and respective Courts, their several Fees, and the Prices thereof, according as they are in this Act annexed, set down and ex∣pressed, be drawn on a Table, and hung up in their several and re∣spective Offices or Courts. And that the said Table of Fees be not out of their several Offices at any time, but on Court-Days; and on Court-Days,* 1.208 to hang up in some publick Place in the Court, during the Ses∣sion of Court, under the Penalty of Forfeiting and Paying One Thou∣sand weight of Muscovadoe Sugar for every such Default; the one Moyety to be to the use of this Island, and the other Moyety to him or them that shall inform or sue for the same, to be recovered by Action of Debt, in any Court of Record within this Island.

[Clause III] And be it further Ordained and Enacted by the Authority a∣foresaid,* 1.209 That the Secretary, and Clerks and Marshals of the said Re∣spective Courts and Chancery, do appoint some one certain Place at the Sea-side, or Towns in their several Precincts where their Fees may be paid, that People may certainly know where to carry and pay Sugar for Fees; and that no Officer or Officers aforesaid, do refuse Sugar ac∣cording to the Prices mentioned and expressed in the several Lists an∣nexed to this Act; (the goodness of the Sugar to be judged by any Two of the Neighbourhood) upon the Penalty of forfeiting One Thou∣sand Pounds of Sugar for every such Default,* 1.210 and to be recovered, and be due in manner as aforesaid.

The SECRETARY's Fees.

• For Recording Deeds, and Bills of Sale 20 lb. Sugar.
• For every Bond for an English Ship, Five Shillings. lb. Sugar.
• For every Ship Bond for a Stranger, Ten Shillings. lb. Sugar.
• For Recording Articles of Agreement and Covenants, Ten Pounds of Sugar; a Side with Thirty Lines in a Side, an Inch left for the Margent. 10 lb. Sugar.
• For Recording Certificates for Land 10 lb. Sugar.
• For a Search of any Record 16 lb. Sugar.
• For every Recognizance 6 lb. Sugar.
• For every Caveat 4 lb. Sugar.
• For every Under-writing 2 lb. Sugar.
• For every Ticket 6 lb. Sugar.
• For Drawing a Deposition 10 lb. Sugar.
• For Drawing a Bond Obligatory 6 lb. Sugar.
• For a License for Marriage 50 lb. Sugar.
• For a Letter of Administration, Warrant of Appraise∣ment, and Inventory only Filed 30 lb. Sugar.
• For every Will recording 20 lb. Sugar.
• For the Copy of a Will 20 lb. Sugar.
• For Recording Depositions 10 lb. Sugar.
• For a Copy of an Inventory 20 lb. Sugar.
• For every Order of the Governour and Council 10 lb. Sugar.
• For every Letter of Attorney Recording 20 lb. Sugar.
• For every License for keeping a Country Store-house 100 lb. Sugar.
• For every Surveyor's Commission 100 lb. Sugar.
• For every Clerk of the Market for his Commission 100 lb. Sugar.
• For every Protest at the Bridge 50 lb. Sugar.
• For License to draw Drink, not being of the growth of this Country 100 per Annum. lb. Sugar.
• For a Writ of Error, and the Proceedings upon it at Council-Board 100 lb. Sugar.

The CLERK of the PEACE his Fees.

• Every Action entred 100
• Every Indictment 50
• Every Recognizance 40
• Every Session Summons 10
• Every Recognizance drawn 10
• Every Judgment acknowledged 100
• Every Order or Judgment of the Court 20
• Every Traverse 40
• For Copy of each of those 20
• Every Writ of Error 100
• Every Presentment 40
• Every Execution 40

The CLERK of the PRIVATE COƲRTS's Fees.

• For a Commission to Audit Accounts 20 lb. Sugar.
• For a Writ of Inquiry of Damage 20 lb. Sugar.
• For a Scire Facias 5 lb. Sugar.
• For an Order thereupon 2 lb. Sugar.
• For an Appeal if Prosecuted 30 lb. Sugar.
• For entring acknowledgment of Satisfaction after Judg∣ment 20 lb. Sugar.
• For Summons for a Voucher 4 lb. Sugar.
• For Filing Reasons of Demurrers and Arrest of Judg∣ment 4 lb. Sugar.
• For a Foreign Attachment 10 lb. Sugar.
• For a Bill of Costs adjudged by the Courts 2 lb. Sugar.
• For Filing an Injunction 4 lb. Sugar.
• For Filing a Dismission from Chancery, and Filing the Ac∣tion a-new 2 lb. Sugar.
• For the Return of a Writ of Error 80 lb. Sugar.
• For Recording a Letter of Attorney that will not be left in Court 10 lb. Sugar.
• For drawing a Deposition 6 lb. Sugar.
• For a Certificate 4 lb. Sugar.
• For Receiving and Recording Reports 12 lb. Sugar.
• For Searching the Records in the Old Books within the Year, Two Pound; if longer 10 lb. Sugar.

A LIST of CHANCERY Fees.

• For Filing a Bill of Complaint 50
• For Filing an Answer or Demurrer 40
• For Filing a Replication 25
• For Filing a Rejoynder 20
• For a Subpoena 10
• For a Subpoena for Witnesses, Three being in it, and so for every Three 10
• For a Bond 10
• For an Injunction 20
• For Filing the Examiners Report 20
• For the Copies of Bills, Answers, Replications, Rejoinders and Demurrers, or Report 20
• For a Commission 100
• For a Copy of an Order 10
• For a Decree 50
• For a Contempt 20

MARSHALS of COƲRTS's Fees.

• For serving a Warrant 4 lb. Sugar.
• For the underwriting the Action before Filing 10 lb. Sugar.
• For trying the Action 30 lb. Sugar.
• For Levying the Execution under 2000 Pounds; for the First 1000 l. Four Pounds of Sugar, per Cent. For the Second 1000 l. Two Pound per. Cent. For the Third 1000 l. One Pound per Cent. and so forward proportionably
• For a Committment in Court 30 lb. Sugar.
• For Impannelling a Jury of View, and their Attendance thereon 200 lb. Sugar.
• For Levying or Extending Foreign Attachments allow∣ed proportionably, as in case of Executions
• The several Businesses done by the Provost Marshal in the Execution of his Place, Fees already set
• For every Committment of a Gentleman or Master 20 lb. Sugar.
• For every Release 20 lb. Sugar.
• For Diet, if he can agree; if not, to find himself
• For Committment of an Ordinary Man 10 lb. Sugar.
• For his Release 10 lb. Sugar.
• For his Diet, Four Pounds of Sugar for every Four and Twenty Hours, if he cannot find himself, the Provi∣sions to be Bonaviss, Potatoes or Bread, and enough of Water
• For every Twenty Four Hours Imprisonment nothing, because the Prison is to be paid by the Publick
• For a Warrant of Arrest at the Bridge, Twenty Pounds of Sugar; for every Mile from thence; besides the Twenty Pounds of Sugar, Five Pounds each Mile
• For Arrest Aboard Ship, Fifty Pounds, besides Charge of Boat-hire, and Miles he shall go by Land, the Boat-hire to be certain, or at Twenty Pounds of Sugar
• For every Man bound to the Peace and good Beha∣viour, or indicted and called at Sessions 20 lb. Sugar.
• Every Warrant of Possession to be directed to the Pro∣vost Marshal; for serving of which, he is to have an Hundred Pounds of Sugar, be the Land more or less 100 lb. Sugar.

And because we conceive these Fees, though enough for the Country to pay, yet not sufficient to maintain a Provost Marshal; therefore we think fit, that he receive an Hundred Pounds of Sugar, per Annum, for e∣very House that shall receive License to sell Drink, not being of the Growth or Manufactory of this Country.

• For Summoning of a Special Jury 500
• For a Habeas Corpus in the Town of St. Michael, Thirty Pounds of Sugar per Day, and Forty Pounds per Day, to any Place out of St. Michael's

The Assembly agree and desire, That the Custody of the Cage in the Town, be in the Provost Marshal; and that all Prisoners pay their Fees for their Discharge equal, as if they had been committed to Pri∣son, and desire the Governour and Council to concur and agree there∣to.

N ^o 42. An ACT for the certain and constant appointment of all Of∣ficers Fees within this Island.

[Preamble.] WHereas the Fees for the respective Offices of this Island, are by an Act of the Governour, Council and Assembly, settled for a time uncertain; by means whereof it may be understood to be a Settle∣ment to perpetuity, which was not the intention of the said Act; the Authority of this Place always intending to reserve a power in them∣selves, at any time when they shall see fit, to make the several Fees more or less.

[Clause I] Be it therefore Ordained and Enacted by the Governour, Coun∣cil and Assembly, and by the Authority of the same, That from hence∣forth no establishment of Fees, be continued in force longer than the Twenty Fifth Day of March next. And after that time, no establish∣ment be made, of any the Fees aforesaid, for any longer time than Six Months. But if the Governour, Council and Assembly, shall omit at the expiration of the time aforesaid, or in any of the Six Months after; That then the Fees before Established, continue and be in force, until there be alteration made by the Governour, Council and Assembly. Da∣ted the 7th of September, 1652, and Confirmed the 7th and 8th of August, 1661.

N ^o 43. An ACT for the better Discovery of Strayed Cattle, of such as are distrained, doing Damage.

Provided for by Act 301.

N ^o 44. An ACT for the Relief of such Persons as lye in Prison, and others who have not wherewith to pay their Creditors.

[Preamble.] WHereas it hath been taken into consideration, the extream Po∣verty of several Poor Persons within this Island, and their Ina∣bility to satisfy their several Creditors, and by reason thereof, suffer long and tedious Imprisonment, without any hope of Relief therein.

[Clause I] It is therefore hereby Enacted and Ordained by the Governour, Council and Assembly, That all such Persons who are in Prison, and all others that have no other way to satisfy their several Creditors and Judgment for the same obtained against him, shall, if they will there∣unto submit, be ordered and appointed by the Judge and Assistants of

the Precincts wherein he lives, or wherein such Judgment was obtained, to serve such of his or their Creditors, that will give the greatest Wages per Month, for his or their Servitude, until such Judgment had, or Debts by him or them owing, shall be fully satisfied.

[Clause II] Provided the said Debt or Debts, exceed not Two Thousand Pounds of Sugar. And in case there shall be any fraudulent Con∣tracts or Agreements between the Debtors and Creditors, that in such cases the Judge or his Assistants shall revoke their Orders, and prosecute the Offenders, as in case of Fraud: Any Law, Usage or Custom hereto∣fore to the contrary in any wise notwithstanding.

An ACT for the more certain produce of all kind of Provisions within this Island.* 1.211

N ^o 46. An Addition to an ACT, Intituled, An Act for Setling the Estates and Titles of the Inhabitants of this Island to their Possessions in their several Plantations within the same.

WHereas in a Clause in the said Act it is Ordained, that all the Inhabitants of this Island, that are in quiet possession of any Lands or Tenements, by virtue of any Warrant from any former Go∣vernours, or by Conveyance or other Act in Law from them who had the same Warrant, shall have, hold and enjoy the same as their free E∣state.

And whereas since some Scruples have arisen whether an Estate for Life or Inheritance may be construed from the same for want of these Words (their Heirs) To the intent the same may be more fully ex∣plained, and all Disputes of that kind for the future abolished,

[Clause I] Be it therefore Enacted and Declared by the Governour, Council and Assembly, that by these Words (as their Free Estates) was meant, the whole Estate and Inheritance of the respective Plantations within this Island. So that by such Possession in manner as by the said Act is ex∣pressed, the said Inhabitants are hereby adjudged and declared to have and hold their Lands of Right to them, to dispose of or alienate, or o∣therwise to descend or be confirmed to their Heirs for ever.

N ^o 47. An ACT for Settling the several Markets in the several Towns of this Island.

Repealed by Act 98.

N ^o 48. An ACT for the Encouragement of such as shall plant or raise Provisions to sell.

[Preamble.] WHereas divers the Inhabitants of this Island have been discouraged from planting and raising Provisions to sell, in regard of the tedious Payments, are many times made, and the great trouble of Pro∣secution of the same at Common Law. For Prevention whereof for the future,

[Clause I] Be it Enacted and Ordained by the President, Council and Assem∣bly,* 1.212 and by the Authority of the same, That all Planters Possest but of Twenty Acres of Land, or under, that shall after Publication hereof, sell any sort of Provisions of the growth or produce of this Island, shall, and have hereby power to prosecute any Person for any Debt accrew∣ing by such Sale, before any Justice of the Peace within the Parish or Precinct, and recover the same in such manner and form, as Servants and Labourers are impowered to recover their Wages by virtue of an Act in that Case made and provided. And all Justices of the Peace respec∣tively, are hereby impowered to do the same accordingly. Dated the 13th of March, 1661.

N ^o 49. An ACT Entituled, An Acknowledgment and Declaration of the Inhabitants of the Island of Barbados, of his Majesty's Right to the Dominions of this Island, and the Right of the Right Ho∣nourable the Earl of Carlisle, derived from the said Majesty; and by the Earl of Carlisle, to the Right Honourable the Lord Willoughby of Parham; and also for the Ʋnanimous Profession of the true Religion in this Island, and imposing con∣dign Punishment upon the Opposers thereof.

The Reason of this Act ceases. Repealed.

N ^o 50. An ACT concerning the Sale of Lands by Attorneys, Execu∣tors and Administrators.

WHereas it hath been a long received Custom in this Island, for Attorneys, Executors and Administrations to make Sale of Land of their Principals, Testators and Intestates. And forasmuch as it e∣vidently appears unto all Men, that the greatest part of the possessors of Land in this Island, sold no Land by no other Title, although they have given very valuable considerations for the same.

The Governour and the Assembly having taken the Premises into their consideration, and well weighing the mischievous consequence which must necessarily follow, if the validity of such Sale should be questioned, Do hereby Enact, Declare and Publish, That all Sales already made unto this Day by any of the Persons before recited, to the behoof of any Principals, Testators or Intestates, shall be as firm and valid un∣to the Purchasers, their Heirs and Assigns, as if they had been made by the Principals themselves, or by the Testators or Intestates them∣selves.

It is also Enacted by the Authority aforesaid, That all such Pos∣sessors as now hold by Merchants or by any Title derived from them, shall likewise be confirmed and established, they and their Heirs, in their Possession without disturbance.

N ^o 51. An ACT for the advancing and raising the Value of Pieces of Eight.

Repealed by Act 117.

N ^o 52. An ACT for raising a present Levy of Sugar, to defray the Charges incident to the making of Breast-works at the several Landing-Places about this Island, to answer the present Occa∣sion.

Expired.

N ^o 53. An ACT for the speedy Raising of a sufficient Strength of La∣bourers to erect some Breast-works at the Sea-side, Bays and Landing-Places about this Island.

Expired.

N ^o 54. An ACT for the doubling the Impositions of all sorts of Strong Liquors imported this Island.

Obsolete, and o∣ther Acts made since to the same purpose.

N ^o 58. An ACT for the better ascertaining the Laws of this Island.

WHereas the present Governour, Council and Assembly, have signified by a late Declaration bearing date the Seventh Day of March instant, that the Government of this Place shall be according to the Laws of England, and of this Island, as hath been heretofore used and practised. And for that nothing more conduceth to the good and quiet of any Place and People, than the assuring and ascertaining such Laws and Statutes as they are to be governed and regulated by. And to take off all pretence of Ignorance of the same for the future,

[Clause I] It is therefore Ordained and Enacted by the Governour, Coun∣cil and Representatives of the Inhabitants of this Island now Assembled,* 1.213 That all such Acts and Statutes as have been made and published in this Island, or viewed, corrected and confirmed by any Governour and Council, or President and Council, by Virtue of any Commission from King James, or Charles the First, his now Majesty's Royal Grand∣father, and Father of ever blessed Memory, or by virtue of any Com∣mission from his most Gracious Majesty that now is, either immediately from either of their said Majesties, or mediately from them, or either of them, by, from, or under the late Earl, or any former Earl of Car∣lisle, by, or with the Assent or Consent of the Representatives of this Place legally called and continued, which stands unrepealed by any Power and Authorities aforesaid, be hereby Enacted and Declared to be in full force and virtue in this Island; and that all Laws, Acts and Statutes made or published in this Island, by any other Power or Autho∣rity, than as before expressed, are utterly void and of none effect: Any Declaration, Order or Ordinance to the contrary notwithstanding.

[Clause II] And it is hereby further Enacted by the Authority aforesaid, That Philip Bell,* 1.214 Esquire, Robert Hooper, Esquire, Constant Silvester, Simon Lambert, John Jennings and Richard Evans, Esquires, and Mr. Edward Bowden, Secre∣tary; do with what convenient speed they can, collect and compile all the Acts and Statutes in force as aforesaid, and them cause to be fairly and distinctly entred and inrolled by the Secretary of this Island into one Book intirely by themselves, without being mixed or confused with any the Laws, Acts or Statutes made void as aforesaid. Which Acts and Statutes so Transcribed, Entred and Inrolled, and none other, shall be, and be taken and esteemed to be, the Acts and Statutes in Force, made in this Island; any Declaration, Order or Ordinance to the contra∣ry notwithstanding. And to the end the Inhabitants of this Island may be made sensible of the said Acts by the publication of them, and that the Secretary of this Island in this time of much business, as much as may be eased.

[Clause III] It is further Ordained and Enacted by the Authority aforesaid, That one Fair Copy of all the said Acts,* 1.215 when Transcribed and Ingros∣sed as aforesaid, shall be fairly written out and attested by the said Se∣cretary, and sent to the Minister of the Parish of St. Michael, to be by him published in the said Parish-Church the next Sunday, and so from thence to some other Parish, to be published the Sunday after that; and so successively from Parish to Parish, to the end and purpose it may on the Ten next succeeding Sundays be published in the other Ten Parish-Churches of this Island; this to be done and conveyed to the several Mi∣nisters of the respective Parishes, by the Provost Marshal or his Deputy.

And that Copy so attested and published as aforesaid, to be by the Provost Marshal returned to the Clerk of the Assembly, to be by him kept with the Books of the Assemblies Proceedings: Provided that this Act nor any thing therein contained, shall be construed to give liberty to any Person, to assign Errors against the Jurisdiction of any Court within this Island held before the Twenty Eighth Day of February last past.

[Clause IV] It is also Ordained and Enacted by the Authority aforesaid, That in regard the publick Seal appointed by his Majesty, that now is, to the Right Honourable Francis Lord Willoughby of Parham, for this and the rest of the Charibbee Islands, cannot at present be had to affix to this Act, according to the appointment of his Sacred Majesty in his Grant to the said Lord Willoughby, bearing Date the Twelfth of June, in the Fif∣teenth Year of his Majesty's Reign: The present Governours sub∣scribing their Names to this Act, shall be deemed as effectual, and of as full force and authority, to all intents and purposes, as if the said Publick Seal were thereunto affixed.

Given under our Hands, the Twenty Se∣cond Day of March, 1666.

• ...Henry Willoughby,
• ...Henry Hawley,
• ...Samuel Barwick.

N ^o 56. An ACT for the Prevention of Firing of Sugar Canes.

IT is hereby Enacted, Published and Declared, That whatsoever Person or Persons that shall at any time hereafter wittingly or wil∣lingly burn or set on Fire any Sugar Cane Field, or any other Place where Sugar Canes do grow in any Place within this Island, shall for every such Offence to be proved, receive Forty Lashes upon his bare Back, and branded on the Fore-head with an hot Iron, with the Letter R, and be∣come Servant to the Party or Parties that shall be so damnified by the Burning or setting on Fire the said Sugar Canes, for the Term of Seven Years. But whosoever shall casually do the same, shall be liable to make Restitution and Satisfaction to the Party so damnified, according to the nature and quality of the Damage. Provided that this Statute extend not to any that shall burn or set on Fire their own Sugar Cane Fields, so that it be not prejudicial to any other. And whereas seve∣ral Fields of Canes and Pasture have of late been fired, accidentally by car∣rying of Fire, and smoaking of Tobacco in Paths where Canes are plant∣ed on either side, to the great Loss and Damage of several the Inhabi∣tants of this Island,

It is therefore hereby Enacted and Ordained by the Governour, Council and Assembly, and by the Authority of the same, That what∣soever Person or Persons shall after Publication hereof, presume to carry Fire, or take any Tobacco in any Path where Sugar Canes are planted on both sides of the same Path, or near to any Planted Canes, upon Con∣viction before any Justice of the Peace (who is hereby authorized to hear the same) by the Oath of one or more Witness, or the Parties own

Confession, shall pay, and forfeit Five Hundred Pounds of Sugar for e∣very such Offence so committed; and in case the Person contrary to this Act offending as aforesaid, shall not be able to pay the said Forfeiture, such Person or Persons shall upon Conviction as aforesaid, by order of the said Justice of the Peace, have and receive Twenty Lashes upon his bare Back, the same to be executed by the next Constable, the said Fine to be paid in to the Commissioners for the High-ways of that Precinct where the Offence was committed.

N ^o 57. An ACT for the better Ordering and Governing of Negroes.

Repealed by Act 330.

N ^o 58. An ACT for the Speedy Trial of all such Ships or Goods as shall be Seized on in any of the Ports or Bays belonging to this Island, by the Commander or Commanders of any His Majesty's Ships, who cannot stay till the Sitting of the usual Courts, without much Prejudice to His Majesty's other Affairs.

Obsolete.

The Preceeding Collection of Laws were by an Act of this Island Ordained and Established to be in full and absolute Force and Ver∣tue, and were duly published in all the Parishes of this Island, and returned to the Clerk of the Assembly, as more fully appears by an Attestation under their several Hands: The Original whereof is affixed to the Assembly Book of Acts: And also the aforesaid Acts were sent to England for his Majesty's Approbation, and have been fully approved and confirmed by his Sacred Majesty to be of full force and authority in this Island.

The Return of the Commissioners is contained in the Words fol∣lowing, Viz.

WE the Committee appointed for the Compiling of the Laws, having caused them to be Collected and Transcribed, as appears by a Writing under our Hands, expressed in the Page, the first Line entred in this Book, and are therein exprest, and be comprehended in One Hundred Fifty Three Sheets of Paper; which being now fairly in∣grossed in this Book, do appear to be Fifty Eight Laws, and are com∣prehended in Fifty Eight next preceeding Pages. And to the end, that one first Declaration may be rightly understood, in regard that relateth to the One Hundred Fifty Three Sheets of Paper, wherein the Laws were first digested, We have thought good here to insert this present Explana∣tion.

Given under our Hands the 14th Day of November, 1667.

• ...Philip Bell,
• ...Constant Silvester.

Notes

• * 1.1

  This Order in the Old Collected Laws was in∣serted at the end of them.
• * 1.2

  Clause I. Every Treasu∣rer and Mar∣shal to give Se∣curity.
• * 1.3

  Clerks to take an Oath for due performing of their Offices.
• * 1.4

  Not to Raze or Deface.
• * 1.5

  To give Secu∣rity to make good all Peoples Damage.
• * 1.6

  Judges not ex∣cused to add, alter, raze, &c. Records.
• * 1.7

  None to in∣croach upon old Bounds, but seek Remedy from him he last bought of, if they want.
• * 1.8

  Any Person may survey, the Surveyor taking one Pound of Cotton per Acre.
• * 1.9

  Land sold for Church-Duties. Church-war∣dens may At∣tach and Sell Lands for Church-Dues.
• * 1.10

  Land may be redeemed by Payment, &c.
• * 1.11

  Allowance of 12 Acres per Hundred, and shall not be ta∣ken away as Overplus.
• * 1.12

  No Surveyor to Survey, with∣out the Gover∣nour's War∣rant, Sub Poe∣na 〈◊〉〈◊〉 lib. Tobacco.
• * 1.13

  Surveyors to make no Bar∣gain to Survey for his pri∣vate Interest.
• * 1.14

  Some Persons of Ability to keep the Re∣cords.
• * 1.15

  The Secretary to send all Records there.
• * 1.16

  All Commodi∣ties to be sold according to Winchester Measure.
• * 1.17

  Forfeiture.
• * 1.18

  Forfeiture how to be recovered.
• * 1.19

  A Table of Weights and Measures to be in the Secre∣taries Office.
• * 1.20

  Seamen on Shore after 8 a Clock at Night, without a ••••••tificate, to be sent to com∣mon Goal.
• * 1.21

  None obliged to pay Seamens Scores.
• * 1.22

  What Evidence shall be good.
• * 1.23

  Nailing up the Ears.
• * 1.24

  For impound∣ing.
• * 1.25

  How the Da∣mage shall be adjudged.
• * 1.26

  The manner of proving Fo∣reign Debts or Specialties.
• * 1.27

  The Jury and Judge to accept such Proof.
• * 1.28

  Provisoe.
• * 1.29

  The Debtors have Two Years to disprove.
• * 1.30

  The Plantiff to pay what is dis∣proved, and treble Dama∣ges. Provisoe.
• * 1.31

  Forfeiture of Goods lying on Wharfs.
• * 1.32

  Assessments to be confirmed by Governour and Council.
• * 1.33

  Sixteen Per∣sons to be the Annual Ve∣stries.
• * 1.34

  Rates publish∣ing Three Sun∣days in the Church.
• * 1.35

  One or more Justices, to summon Vestry-men.
• * 1.36

  Five Hundred Pounds of Mus∣covadoe Sugar, forfeit for non-appearance.
• * 1.37

  No Assembly to set but one Year.
• * 1.38

  All People to give due Obe∣dience to the Government of the Church of England.
• * 1.39

  Morning and Evening Pray∣ers to be said in Families.
• * 1.40

  All that live within Two Miles, to hear Prayers twice daily.
• * 1.41

  Above Two Miles once in a Month at least.
• * 1.42

  That Ministers are to Preach or Catechize every Sunday.
• * 1.43

  Church-war∣dens to provide Stocks near the Church.
• * 1.44

  Search Ta∣verns, &c.
• * 1.45

  Against Swear∣ing and Curse∣ing.
• * 1.46

  Church-war∣dens to be Sworn.
• * 1.47

  To present Of∣fenders.
• * 1.48

  Special Courts how to be con∣stituted.
• * 1.49

  Common-Pleas Court.
• * 1.50

  The Island di∣vided into Five Parts.
• * 1.51

  1st Court.
• * 1.52

  2d Court.
• * 1.53

  3d Court.
• * 1.54

  4th Court.
• * 1.55

  Last Court.
• * 1.56

  Summons the Defendant 10 Days.
• * 1.57

  Plea in Bar or Abatement.
• * 1.58

  Judgment at the Second Court.
• * 1.59

  Join Issue at the Second Court.
• * 1.60

  No Demurrer in the Second Court.
• * 1.61

  Jurors to try no Issue, but what joined some former Court, except by Consent.
• * 1.62

  Fourteen Days after Judg∣ment, Execu∣tion to issue.
• * 1.63

  The form of an Execution.
• * 1.64

  All moveables to be sold the First Market-day after 80 Days.
• * 1.65

  Sale between Twelve and Four a Clock in the After∣noon.
• * 1.66

  Vide Act for the regulating Outcries.
• * 1.67

  Defendants in St. Andrews and St. Jo∣seph's, may or∣der Sale at the Hole Speght's or St. Michaels.
• * 1.68

  The Buyer, if sued, to plead the Sale in Bar.
• * 1.69

  Sales to be re∣formed and fi∣led in Court.
• * 1.70

  The Buyer to pay in Five Days, except the Plaintiff a∣gree.
• * 1.71

  Execution for 20 per Cent.
• * 1.72

  The Defendant to keep Goods Attached 80 Days at his own Hazard. This Clause Repeal∣ed, Act 189, Clause I. Defendant re∣fusing to keep the Goods, the Marshal to sell the Goods At∣tached at the next Market.
• * 1.73

  Marshal to answer for the Goods he shall abuse.
• * 1.74

  The Judge to commit him who makes a∣way Attached Goods.
• * 1.75

  No satisfaction in Fourteen Days, to be pilloried. The Marshal to re-attach and sell.
• * 1.76

  If no Personal then the re•••• Estate to be Attached.
• * 1.77

  After Eighty Days to ap∣praise Lands.
• * 1.78

  Seven Ap∣praisers, if Twenty Acres. Five if under Twenty.
• * 1.79

  The Appraisers Oath.
• * 1.80

  Appraisers to be Parishioners not Friends or Enemies.
• * 1.81

  One Thousand Pounds of Su∣gar for the Appraiser, who denies his Du∣ty.
• * 1.82

  The Marshal to put the Plain∣tiff in pos∣session. The Defendant may give a Bill of Sale.
• * 1.83

  The Plaintiff bound that he will not com∣mit Waste in 20 Days after Possession.
• * 1.84

  20 Days after Possession given the Marshal, to give a Bill of Sale.
• * 1.85

  The Defendant to be at the charge of Car∣riage of Goods to the next Market.
• * 1.86

  Fraudulent Conveyances punished as by S••atutes in England.
• * 1.87

  Jurors fined for Non-Ap∣pearance.
• * 1.88

  Cost tax'd a∣gainst the Par∣ty cast.
• * 1.89

  Persons fined for their Mis∣demeanours in Court.
• * 1.90

  The Defendant may appeal on Penal Bonds.
• * 1.91

  Judgments and Executions before the 21th September, 1658, to be filed and exe∣cuted as for∣merly.
• * 1.92

  Men to be sued in the Precincts where they live.
• * 1.93

  Several Sued, to be by the Go∣vernours War∣rant, living in divers Pre∣cicts.
• * 1.94

  The Third Court on Cause shown to the Court, the Defendant to be admit∣ted to plead, and then Trial.
• * 1.95

  The Defendant shews Lands or Goods not his own, forfeits double the Va∣lue.
• * 1.96

  All former Acts made void.
• * 1.97

  No Depositions to be allowed but of Persons 1st, Departing. 2d, Departed. 3d, Extream Sick.
• * 1.98

  4th, The De∣fendant to have notice.
• * 1.99

  Persons going off Sick, Lame or Disabled, may make De∣positions.
• * 1.100

  All Arrears to be collected.
• * 1.101

  One Pound of Sugar per A∣cre for the Mi∣nister.
• * 1.102

  The Vestry and Church-war∣dens to aug∣ment as they see meet.
• * 1.103

  Register to be kept in every Parish.
• * 1.104

  A Fine of 1000 Pound of Sugar on the Minister fail∣ing in his Du∣ty.
• * 1.105

  Far distant In∣habitants, tho' they bury not in the Church-Yard, must give the Name of the Decea∣sed to the Mi∣nister, and pay Six Pence.
• * 1.106

  None to be brought here under Fourteen Years of Age.
• * 1.107

  Against bring∣ing Servants against their Wills.
• * 1.108

  The ascertain∣ing of Ser∣vants Wages.
• * 1.109

  The last Master to pay the Wa∣ges.
• * 1.110

  Against Tra∣ding with Ser∣vants.
• * 1.111

  Forfeiture.
• * 1.112

  Against Ser∣vants lay••ng violent ••ands on their Ma∣sters, &c.
• * 1.113

  Against Ser¦vants purloyn∣ing their Ma∣sters Goods
• * 1.114

  Of getting Wo∣men Servants with Child.
• * 1.115

  Penalty on Women.
• * 1.116

  Of Servants Marrying du∣ring the time of their Ap∣prenticeship.
• * 1.117

  Suits between Masters and Servants for time, to be re∣ferred to the Common Law.
• * 1.118

  What time to be allowed them for the prose∣cution of their Suits. Two only out of a Family to be allowed at once.
• * 1.119

  Servants ab∣senting them∣selves, to serve a Day for eve∣ry Two Hours.
• * 1.120

  Against turn∣ing away Sick Servants.
• * 1.121

  Masters, &c. to use all law∣ful means for recovery of Sick Servants.
• * 1.122

  Of Servants wilfully run∣ning them∣selves into Di∣seases and Hurts.
• * 1.123

  Difference be∣tween Masters Servants and Labourers, re∣ferred to the Justices, School-Master and Mistress.
• * 1.124

  Vide Explana∣tory Act.
• * 1.125

  Recovery of Servants Wa∣ges.
• * 1.126

  About the Bu∣rial of Ser∣vants.
• * 1.127

  To be viewed.
• * 1.128

  Coroners Fee.
• * 1.129

  No Persons to refuse to come on Summons.
• * 1.130

  Forfeiture.
• * 1.131

  Of Servants coming with∣out Covenant, what time to serve.
• * 1.132

  How their A∣ges shall be judged with indifference.
• * 1.133

  Of unjust Mo∣lestation by Servants to their Masters.
• * 1.134

  Of Servants being in Pri∣son for their own Offences.
• * 1.135

  Against People entertaining of Servants.
• * 1.136

  Forfeiture.
• * 1.137

  Suspected Per∣sons to be ap∣prehended and kept in Custo∣dy.
• * 1.138

  Against Ser∣vants riding their Master's Horses.
• * 1.139

  Against Ser∣vants endea∣vouring and attempting to run off the Island.
• * 1.140

  All Masters of Ships to give Security before Trading, Wood∣ing, or Water∣ing.
• * 1.141

  Constables to apprehend Run-aways.
• * 1.142

  Forfeiture.
• * 1.143

  Of the Yearly Publication of his Act.
• * 1.144

  Forfeiture.
• * 1.145

  An old Law restored.
• * 1.146

  A Deed ac∣knowledged and recorded in Three Months, suf∣ficient to pass an Estate with∣out Livery or Attornment.
• * 1.147

  How a Feme Covert may sell her Estate.
• * 1.148

  To tell her what the Deed is, and the Estate she sells.
• * 1.149

  The acknow∣ledgment of a Feme Covert.
• * 1.150

  A Fine levied in England, and entred here, valid here, &c.
• * 1.151

  All old Deeds to be re∣corded in 12 Months, else void.
• * 1.152

  Five Years Possession is good Title.
• * 1.153

  Who claims Land by de∣scent, must do it in Two Years.
• * 1.154

  The Secretary's Duty to Record Deeds.
• * 1.155

  Fifty Pounds of Tobacco for recording a Deed.
• * 1.156

  Penalty of ta∣king over Fees, &c.
• * 1.157

  To imbezel, interline or de∣face Records, Felony.
• * 1.158

  The Party grieved to have all his E∣state.
• * 1.159

  Women to be endowed of the Lands their Husbands die actually seized.
• * 1.160

  Non Claim in Five Years, a good Bar if duly entred.
• * 1.161

  The Vestry to choose Sur∣veyors Yearly of Freeholders.
• * 1.162

  The Quarter-Sessions to no∣minate, the Ve∣stry failing.
• * 1.163

  Surveyors to be Sworn in ten Days after E∣lection.
• * 1.164

  To view all High-ways, and return an Estimate of the succeeding Charge.
• * 1.165

  Forfeiture.
• * 1.166

  Vestries power to make As∣sessment on Lands, Trade, for Repairs, &c.
• * 1.167

  The Vestries not making a Levy, the Sur∣veyors may do it.
• * 1.168

  A Justice of Peace to Con∣firm it.
• * 1.169

  Dimentions of High-ways.
• * 1.170

  The Offender Fined, and the Surveyors then to amend the Ways with the Money.
• * 1.171

  Not paying Tax in Seven Days after De∣mand, pays double.
• * 1.172

  Surveyors to Summon all Labourers as∣sessed, with Tools proper.
• * 1.173

  Every Default of a Labourer, Twenty Pounds of Sugar.
• * 1.174

  Power to dig up some Gra∣vel, &c. on o∣thers Land, &c. for repairing High-ways.
• * 1.175

  To press any Carts or Wains to carry Stone, Gravel, &c.
• * 1.176

  Pimpelloe Fen∣ces not to be planted by the High-ways, upon pain of 300 Pound of Sugar every Three Months.
• * 1.177

  Surveyors to turn Water-Courses to make new Ditches.
• * 1.178

  Altering old, and laying out new High-ways.
• * 1.179

  A Jury of the Neighbour∣hood.
• * 1.180

  Punishment of Jurors not ap∣pearing, &c.
• * 1.181

  Forfeit 300 lb. Sugar.
• * 1.182

  All Fines, For∣feitures, Issues, by this Act, to be levied by Warrant from any Justice.
• * 1.183

  After 10 Days notice, to be committed, to Goal and pay double.
• * 1.184

  Surveyors, Con∣stables, &c. Su∣ed for not pur∣suing this Act, Cost, and 1000 Pound of Su∣gar.

  Plead the ge∣neral Issue, give the Spe∣cial matter in Evidence.
• * 1.185

  Surveyors to give Account to the Vestry, at the end of the Year.
• * 1.186

  To stand com∣mitted until they account.
• * 1.187

  The Dimention of Gates and Gate-ways on all common Roads.
• * 1.188

  Punishment of Offenders.
• * 1.189

  To pull down Rails in High-ways, &c.
• * 1.190

  In old narrow Paths, Cause∣ways to be made by the Land Owners.
• * 1.191

  If not made, and to keep Hedges, to be pulled down.
• * 1.192

  Adjoyning Pa∣rishes to con∣tribute to the mending of the High-ways.
• * 1.193

  General Ses¦sions to order the Quantum.
• * 1.194

  A Justice re∣fusing or neg∣lecting his Du∣ty, to be fined 10000 Pound of Sugar.
• * 1.195

  All former Acts and Statutes are void, that are made to this purpose.
• * 1.196

  N ^o 26. Repealed by an Act of Colonel Codrington's N. 174.
• * 1.197

  N ^o 31. Repealed by the Militia Acts, and in the Council Books.
• * 1.198

  Note, This Act is provided for by the Quarter-Sessions.
• * 1.199

  All Clerks of Courts to keep account of Fines.
• * 1.200

  Every Two Months to be delivered to the Marshal.
• * 1.201

  Judge to make Executions.
• * 1.202

  To be levied as in case of Debt.
• * 1.203

  Accustomed Fees to be paid.
• * 1.204

  Marshal 〈…〉〈…〉 so 〈…〉〈…〉 use.
• * 1.205

  To take more than just Fees, forfeits Office, and 1 Months Imprisonment.
• * 1.206

  Table of Fees in the Office of Secretary.
• * 1.207

  Table of Fees in all other Of∣fices.
• * 1.208

  Table of Fees in Courts, on Court Days.
• * 1.209

  A Place to be appointed to receive Sugar for Fees.
• * 1.210

  Refusing Sugar, forfeits 1000 Pound of Su∣gar.
• * 1.211

  N^o 45. Repealed by N. 48. A new Act.
• * 1.212

  One possessed of 20 Acres or under, for Pro∣visions sold, may recover before a Ju∣stice.
• * 1.213

  What Laws of this Island are ascertained.
• * 1.214

  Commissioners appointed to collect such Laws of this Island, as shall be in force.
• * 1.215

  The said Laws to be tran∣scribed and published in every Parish.