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.

ACTS and STATUTES from the Ninth of May, One Thousand, Six Hundred, Sixty and Seven.

N ^o 59. By the General Assembly, An ACT for the Raising a Sum of Goods for the needful publick Ʋse of this Island, and other His Majesty's Affairs in Relieving of the Leeward Islands.

Obsolete.

N ^o 60. By the General Assembly, An ACT appointing a Duty to be levied on Wines and other Strong Liquors imported this Island.

Repealed.

N ^o 61. By the General Assembly, An ACT for the Raising a pre∣sent Levy of Sugar to defray the Charges of the Platforms and Breast-works to be appointed at the several Bays and Land∣ing Places within this Island.

Expired.

N ^o 62. By the General Assembly, An ACT for the raising a fur∣ther and sufficient Strength of Labourers for the Erecting and Finishing the Platforms and present Breast-works at the several Sea-side Ports and Bays, and Landing-Places about this Island.

Expired.

N ^o 63. An Addition to the ACT for the Setling the Militia of this Island.

Repealed.

N ^o 64. An ACT for the satisfying some late publick Disburstments out of the Levy of Fifteen Hundred Thousand Pounds of Sugar, raised by a late Act bearing Date the Ninth of May, 1667.

Obsolete.

N ^o 65. An ACT authorising the Governour of this Island for the Time being, to appoint a Provost Marshal within the same.

[Preamble.] FOrasmuch as it hath been in the power of the Governour of this Island, from the Settlement thereof, to appoint meet Persons of known Abilities, for the execution of the Provost Marshal's Office; for which of late by some Surreptitious Practices, Patents have been obtain∣ed and procured from his Majesty, by Persons very unfit for a Place of such Trust, to the great prejudice of the Inhabitants. For Remedy therefore of these Inconveniencies for the future, and that the said Office may be supplied with Persons able and fit for the discharge of the said Place, We the Representatives of this Island of Barbados, do humbly pray your Excellency, that it may be Ordained and Enacted.

[Clause I] And it is hereby Ordained and Enacted by his Excellency, Council and Assembly,* 1.1 and by the Authority of the same, That it shall hence-forward be in the Governour's power from time to time, as occasion shall offer, to constitute and appoint any sufficient Person or Persons whom he shall judge meet, to be Provost Marshal of this Island, taking good Security, as hath been heretofore accustomed, for the just and ho∣nest Discharge of his Place.

Given under my Hand, the Twenty Sixth Day of July, 1667.

Signed, William Willoughby.

N ^o 66. An Addition to the late Act for the raising a Sum of Fifteen Hun∣dred Thousand Pounds of Sugar.

Obsolete.

N ^o 67. An ACT for a speedy raising a Sum of Goods for the defray∣ing some late publick Charges, and for other the present needful publick Ʋse of this Island.

Expired.

N ^o 68. An ACT for the supply of a further Strength of Labourers, to the finishing the present Works by the Sea-side.

Obsolete.

N ^o 69. An ACT directing how the Clerks and Marshals for the several Courts of Common-Pleas within this Island shall be appointed, and what they shall receive.

[Preamble.] WHereas it hath been an antient Usage even from the First Esta∣blishment of the Courts of Judicature in this Island, that the seve∣ral chief Judges in their Courts of Common-Pleas, have always from time to time, as occasion hath afforded, made choice of, and appointed Clerks and Marshals to attend the said Courts, and the former issuing forth all Precepts, and entring upon Record all such Matters, as have concern∣ed the said Courts: And the other executing all Warrants, Writs, Exe∣cutions and other Precepts issuing from thence.

And whereas upon just Complaint made against the said Clerks and Marshals for their Neglect or other Miscarriage, the said Judges have had power to Discharge them, and place others in their stead, who should be more careful and diligent in the execution of their Offices.

And whereas the Judges of this Island have no Sallary or Allowance from His Majesty, for the great Care and Pains they must necessarily un∣dergo in the discharge of the Trust reposed in them, We the Represen∣tatives of this Island, do humbly pray your Excellency, that it may be Ordained and Enacted,

[Clause I] And it is hereby Ordained and Enacted, by his Excellency, William Lord Willoughby of Parham, Captain General and Governour in Chief of this Island of Barbados, and all other the Charibbee-Islands, and by, and with the Consent of his Council, and Gentlemen of the Assembly, That from, and after the Publication hereof, each Person who is,* 1.2 or shall be appointed Chief Judge of any Court of Common-Pleas within this Island, shall have free Liberty from time to time, to make Choice of, Constitute and Appoint, any sufficient Person or Persons, whom he shall judge meet, to be and officiate as Clerk and Marshal of the said Court, where∣of he is or shall be appointed Judge.

And for the better regulating and ascertaining of the Fees belonging to the said Courts,

Be it hereby Ordained and Enacted by the Authority afore∣said, That these Fees under-written, are hereby established,* 1.3 and shall be taken by the said Clerks and Marshals of the respective Courts of Com∣mon-Pleas. And in case any Clerk or Marshal shall presume to take any other or greater Fees for the particulars herein expressed, and that proved before the Court, he shall forfeit his Place, and be Fined at the Discretion of the Court, not exceeding One Thousand Pounds of Su∣gar for each Offence. The Particulars of the several Fees are as fol∣loweth: Viz.

The CLERKS of the COƲRTS of COMMON-PLEAS, their Fees.

	s.	d.	lb. Sug.
For the Warrant being first Summoned, Examined and Attesting the Declaration, if ready written, Filing the same, and Recording, Three Shillings, or Twenty Four Pounds of Sugar	3	0	24
For a Writ of Contempt against Witnesses	01	0	8
For an Habeas Corpus for any Cause	02	6	20
For a Writ of Estreipment	01	3	10
For Entring any Rules of Court	00	6	4
For Copies of Records, Six Pence per Side, or Four Pounds of Sugar each Side, each Side containing Twenty Lines at least
For Entrance, Imparlance, Essoign, Adjournment or Continuance	0	6	04
For an Amendment of a Record by Order	2	6	20
For Entring a Judgment on Acknowledgment	2	6	20
For Entring Judgment on a Verdict	1	6	12
For Entring Judgment on a nihil dicit, non sum infor∣matus, or the like Nonsuits	1	6	12
For an Execution after Judgment	2	6	20
For a Warrant for making away Attached Goods	1	0	8
For a Warrant to Appraise Lands	1	0	8
For a Writ for the Marshal to Swear the Appraisers	1	0	8
For an Order of a Debtor to serve the Creditor	1	0	8
For a Writ of Possession	2	6	20
For a Mittimus	0	6	4
For admitting to plead on a nihil dicit, according to the Laws, if he come within Fourteen Days	1	0	8
For a Supersedeas	2	6	20
For a Petition after Judgment, or by Consent	2	6	20
For a Replevy	2	6	20
For a Commission to Audit Accounts	5	0	40
For a Writ of Inquiry after Damage	2	6	20
For a Scire Facias	1	0	8
For an Order thereupon	0	6	4
For Entring Satisfaction after Judgment	2	6	20
For a Warrant for a Vouchee	1	0	8
For Filing Reasons of Demurrer, and Arrest of Judg∣ment	0	6	4
For a Foreign Attachment	2	6	20
For a Bill of Cost adjudged by the Court	0	6	4
For Filing an Injunction	1	0	8
For Filing a Dismission from Chancery, and Filing the Action anew	0	6	4
For the Return of a Record upon a Writ of Error	10	0	80
For Recording a Letter of Attorney, that will not be left in Court	2	6	2

For Drawing a Deposition	1	0	8
For a Certificate	0	6	4
For Renewing and Recording Reports	1	6	12
For Searching the Records in the old Books within the Year, Six Pounds of Sugar; if longer, then by the Year, Ten Pounds

The MARSHALS of the COƲRTS of COMMON-PLEAS, their Fees.

For serving the First Summons, and making Return	1	0	8
For serving of the Jury in every Action	1	3	10
For the Trial of an Issue joined	3	9	30
For a Committment in Court	2	6	20
For every Release	2	6	20
For serving a Scire Facias	2	6	20
For levying an Execution, Four per Cent. for the first Thousand, and Three for the Second, and Two per. Cent. for all above
For Impannelling a Jury of View, Twenty Five Shillings, or Two Hundred Pounds of Sugar	25	0	200
For Summoning Appraisers of Land, and attending on them	12	6	100
For the Marshals Bill of Sale, and possession there∣on	12	6	100
For attending Goods down to the Market, to be sold on out-cry	2	6	20
For serving Replevy, and making Return	2	6	20
For allowance of Supersedeas	2	0	16
For Executing a Writ of Inquiry of Damage or Waste	25	0	200
For Executing a Writ of Partition by a Jury, upon Judgment in Court	25	0	200

The Iudges are to have for every Warrant, Six Pence in Money, or Four Pounds of Sugar; and for every Execution, Two Shillings and Six Pence in Money, or Twenty Pounds of Sugar. In Confirmation whereof, I have hereunto put my Hand, and caused His Majesty's Seal ap∣pointed for this and the rest of the Charibbee Islands, to be affixed to the original of this, this Fifth Day of September, 1667.

Signed, William Willoughby.

N ^o 70. An ACT for the Supply of a further Strength of Labourers to the finishing the present Works by the Sea-side.

Expired.

N ^o 71. An ACT for Constant Silvester, Esq. to receive the Levy of St. George's.

Obsolete.

N ^o 72. An ACT for the Payment of the several Subscriptions made last Year by the Inhabitants of this Island, to accommodate the then intended Design for His Majesty's Service to the Lee∣wards Islands.

Obsolete.

N ^o 73. A further Additional ACT to the ACT of the Militia of this Island.

Repealed.

N ^o 74. A further Additional ACT for the full confirmation of the Sale of certain Houses and Lands attached from Edmond Key∣zar, and sold by out-cry, unto John Jones, Gentleman, for the Satisfaction of a Debt due from the said Keyzar, as Far∣mer of the Customs of this Country.

Private.

N ^o 75. An ACT against the Killing of Calves.

Expired.

N ^o 76. An ACT for the supply of a further Strength of Labourers, to the finishing the Breast-Works by the Sea-side.

Obsolete.

N ^o 77. An ACT for the raising of a further Levy of Sugar, to de∣fray the Charges of the Platforms and Breast-works, to be appointed of the several Bays and Landing Places within this Island.

Obsolete.

N ^o 78. An ACT for the rating of Wines and other Strong Liquors, to be Sold by Retailers.

Expired.

N ^o 79. An ACT concerning the Commission of the Judges and their Assistants.

FOrasmuch as the Judges and their Assistants of the several Courts of Common-Pleas within this Island, have hitherto acted by virtue of their Commission received from his Excellency William Lord Willoughby of Parham, Captain General, and chief Governour of this and the rest of the Charibbee Islands, under his private Seal of Arms.

And whereas the said Commissions are since granted by his said Ex∣cellency, under the Broad and Publick Seal appointed by his Majesty for this and the rest of these Islands.

[Clause I] It is hereby Ordained and Enacted by his said Excellency, his Council and Assembly,* 1.4 That all Proceedings hitherto acted and done by the said several Judges and Assistants, by Virtue of their said Com∣missions, under the aforesaid Private Seal, shall be, and are hereby held and esteemed as valid and effectual in Law, to all Intents and Purposes whatsoever; as if the said Publick Seal had been affixed unto the said Commissions.

Given under my Hand this 14th Day of December, 1667.

Signed, William Willoughby.

N ^o 80. An ACT appointing a Committee for setling the Publick Ac∣counts.

Expired.

An ACT to supply the Defect in the choice of Vestry-Men,* 1.5 &c. in the several Parishes in this Island this present Year.

N ^o 82. An ACT to prevent the Raising, Digging, Breaking up, or taking away of any Stones in any part of the Sea or Sea-Shoars before this Island, from Barly-Bay, Windward, to Captain Thompson's Bay, Leeward.

Obsolete.

N ^o 83. An ACT for Relief of such Poor Persons as have much suf∣fered by the late afflicting Hand of God.

Obsolete.

N ^o 84. An ACT to prevent Forceable and Clandestine Entries into any Lands or Tenements within this Island.

[Preamble.] FOrasmuch as great care hath been had for divers Years past, for the quieting, setling and ascertaining all Mens Rights and Posses∣sions in, and to their Lands and Tenements within this Island; so as that the difficulty and determining Mens Interests through the defects of for∣mer Grants, or the weakness of Men in the infancy of Settlements, as to Deeds and due Forms of Law, hath been of late Years reasonably well evinced and cleared, and the limitation of time, as to Mens Rights and Estates, Claims and Properties hath been successively enlarged and con∣tinued beyond expectation: Whereby all Capacities and Conditions of Persons might arrive to a Challenge of any their Estates. And that it is high time now the Possessors of Lands should in some measure be free from the daily vexation of unwarranted Claims, Entries and secret Possessions gained by Litigious, Troublesome and Unconcerned Persons, who notwithstanding the Courts of Common-Pleas, are open, and do hold Monthly for the determining Mens Rights; Yet do daily vex and di∣sturb the Inhabitants of this Island in their Possessions and Estates, by pri∣vately setting up petty Roofs, or Thatcht Houses, sometimes in the Night, sometimes in the Day, in the remote Bounds or Parts of their Plantations and Lands, and by sudden and secret Entries into Lands and Tenements, or by private ways of gaining Possession upon very frivolous Suggestions, do pretend Right and Property. And by such Means, with other subtil Tricks and Pretentions, meeting many times with the advantage of ig∣norant Persons concurrent with their Devices, do daily trouble and put to charge the Owners and rightful Possessors, and indanger their just In∣terests; when in truth the Party so indirectly gaining Possession or En∣tring, hath no just cause for his so doing. And also whereas it often falls out, that upon due Trial at the Common Law, it was found that such Entry was altogether Unlawful; whereupon Judgment is given, that the Plaintiff shall recover his Possession with Costs and Damages against the Defendant, whose Condition is for the most part so desperate, that he is not able to perform the Sentence of the Law; whereby the Plaintiff after a tedious Suit, and his Estate wasted, is left remidiless to his intollerable Grief and Damage. For Prevention of which great evils for the future,

[Clause I] It is Ordained and Enacted, by the Deputy, Governour, the Council and Assembly of Representatives of this Island of Barbados, and by authority of the same,* 1.6 That henceforward no Person or Persons what∣soever, presume to make any forceable Entries, or forceable Detainers into, or of any Lands, Houses or Tenements within this Island, or pre∣sume to enter secretly into any Mans Lands,* 1.7 Houses or Tenements for gaining of Possession, by setting up any Roofs, Hutts, Hovels, Tents or Thatcht Houses, or by any such private or secret Practices, or other

ways or means whatsoever, without due Course, Trial and Recovery at Law first had and obtained,* 1.8 under Penalty of forfeiting Ten Thousand Pounds of Sugar for every Person so offending, to the King's Majesty. And whensoever any Person or Persons shall make any such Entry and Detainer, or by any such secret Means or Ways as aforesaid, enter into, or gain Possession of any Mans Lands, Houses or Tenements, upon any Pretence whatsoever, contrary to this Act, without Trial and Recovery at Law, first had and obtained, to bring into Question and Trial the Right and Property thereof.* 1.9 The Two next Justices of the Peace are hereby required and authorized, upon complaint of the Party grieved, to remove such Entries and Possessions, and all such Houses, Roofs, Huts and Thatcht-Houses, for that end so put and erected, shall cause to be pulled down and destroyed, as if the same had never been. And the Person or Persons so entred, possessed or holding, or found doing contrary here∣unto, shall be committed to the common Goal of this Island, there to re∣main, until they have given Recognizance themselves,* 1.10 in Ten Thousand Pounds of Sugar, and Two Securities, in Five Thousand Pounds of Su∣gar a piece,* 1.11 for his appearance at the next General Sessions to be held for this Island to answer the same, and in the interim to keep the Peace. At which said Sessions, the matter shall be fully examined, and the said Pe∣nalty there adjudged, and accordingly paid into the Publick Treasury of this Island. And in case of resistance by strong Hand or Force against the said Justice or Justices executing herein, by any Party possessed or en∣tred as aforesaid, and contrary to this Act;* 1.12 The said Justice or Justices are hereby authorized and required, to raise the Power of the Country, and proceed against all the Offenders as Rioters or Rebels. And the Justice of the Peace who shall herein fail of executing as is hereby re∣quired, shall forfeit Ten Thousand Pounds of Sugar,* 1.13 the same to be re∣covered in any the Courts of Common Pleas within this Island, by him that shall inform thereof, and sue for the same; the one half to the publick Treasury for the use of the Island, and the other half to the In∣former.

Provided nevertheless, that this Act,* 1.14 nor any thing therein con∣tained, shall not extend, or be construed to reach or extend to any entry made upon Breach of Covenants, Conditions, or any Arrearages of Rent, or any such like case, where the Right, Title or Property is not hereby enforced to, and intended for a Trial, or brought into question, or to the formal Entry made for the ensealing Leases of Ejectment, or Li∣very of Possessions made thereupon, if the Owner or Tenant thereby shall not be dispossessed.

Given under my Hand the 19th Day of March, 1667.

Signed, William Willoughby.

N ^o 85. An ACT for the Speedy Recovering the Arrears of several Le∣vies hereafter mentioned.

Obsolete.

N ^o 86. An ACT for the present stay of Building in St. Michael's Town, until further consideration.

Repealed by Act 107.

N ^o 87. An ACT for the speedy finding out, and restoring to the right Owners what Goods, &c. have been preserved from the late Fire.

Obsolete.

N ^o 88. An ACT appointing a present accommodation for His Majesty's Souldiers lately here arrived, or remaining with us.

Obsolete.

* 1.15An Additional ACT concerning Slaves.

N ^o 90. An ACT appointing the last Levy for the Labourers in the Windward (Regiment, alias) Division, be changed into Goods.

Obsolete.

N ^o 91. An ACT reducing the Interest to Ten Pounds for One Hun∣dred in One Year.

[Preamble.] WHereas at this time, there is a very great abatement in the Va∣lue of Land, Sugar, Cotton, Ginger, and all other Wares and Commodities of the growth of this Island, both here, and also in Eng∣land, and other Foreign Parts whither they are Transported: And whereas divers Inhabitants of this Place, as well Planters, as Merchants, Farmers of Plantations and Tradesmen, both for their urgent and neces∣sary Occasions for the following their Trades, and maintenance of their Stocks and Imployments, have borrowed, and do borrow, divers Sums of Money, Sugar, Wares, Merchandizes, and other Commodities. But by reason of the said general fall and abatement of the Value of Lands, and the Prices of Sugar, and other Merchandize, Wares and Commo∣dities

aforesaid, and Interest in Loan, continuing at so high a Rate as Fif∣teen Pounds in the Hundred, for one Year, doth not only make Men unable to pay their Debts, and continue the Maintenance of Trade; but their Debts daily increasing, they are inforced to sell their Lands and Stock, at very low Rates, to forsake the use of Merchandize and Trade, and to give over their Leases and Farms, and so become unprofitable Mem∣bers of the Commonwealth, to the great hurt and hinderance of the same.

[Clause I] Be it therefore Ordained and Enacted and it is hereby Ordained and Enacted, by the Deputy Governour, Council and Assembly, and by Authority of the same; that no Person or Persons whatsoever, from, and after the Nine and Twentieth Day of September next, upon any Con∣tract to be made after the said Nine and Twentieth Day of September, shall take indirectly, or indirectly, for Loan of any Monies, Sugars or o∣ther Wares, Merchandizes or Commodities whatsoever, above the Value of Ten Pounds,* 1.16 for the forbearance of One Hundred Pounds for a Year, and so after that Rate for a greater or lesser Sum, or for a longer or shorter time. And that all Bonds Contracts, and Assurances what∣soever made after the time aforesaid, for Payment of any Principal or Mony to be Lent, or Covenanted to be performed, upon, or for any Usury, whereupon,* 1.17 or whereby there shall be reserved or taken above the Rate of Ten in the Hundred as aforesaid, shall be utterly void. And that all and every Person and Persons whatsoever, which shall after the time aforesaid, upon any Contract to be made after the said Nine and Twentieth Day of September, take, accept and receive, by way, or means of any corrupt Bargain, Loan, Exchange, Cheivesance, Shift, or Interest of any Wares, Merchandizes, or other thing or things whatso∣ever, or by any deceitful way or means, or by any Covin Engine, or deceitful Conveyance for the forbearing, or giving Day of Payment for One whole Year, of, and for their Moneys or other things, above the Sum of Ten Pounds, for the forbearance of one Hundred Pounds for a Year, and so after that Rate for a lesser or greater Sum, or for a longer or shorter time, shall forfeit and lose for every such Offence,* 1.18 treble the Value of the Monies, Sugars, Wares, Merchandizes and other things, so Lent, Bargained, Exchanged or Shifted.

[Clause II] And be it further Enacted by the Authority aforesaid, That all, and every Scrivener and Scriveners, Broker and Brokers, Sollicitor and Solli∣citors, Driver and Drivers of Bargains or Contracts, who shall after the said Nine and Twentieth Day of September take or receive, directly or indirectly, any Sum or Sums of Mony, or other reward or things for Brokage, Solliciting, driving or procuring the Loan, or forbearing of any Sum or Sums of Mony,* 1.19 over or above the Rate or Value of Five Shillings, for the Loan, or forbearing of One Hundred Pounds Sterling for a Year, and so ratably: Or above Twelve Pence for ma∣king or receiving of the Bond or Bill for the Loan or Forbearance there∣of, or for any Counterbond or Bill concerning the same,* 1.20 shall forfeit for every such Offence, Two Thousand Pounds of Muscovadoe Sugar,* 1.21 and have Imprisonment for half a Year; the one Moyety of which For∣feitures to be to the King our Sovereign Lord, his Heirs and Successors, and the other Moyety to him or them, that will sue for the same, in the same Precincts where the several Offences are committed, and not else∣where, by Action of Debt, Bill, Plaint or Information, in which no Es∣soign, Wager of Law or Protection to be allowed.

And to the end there may be no shifting Evasions in abuse to the true intent and meaning of this Act, as there hath been of the former Act of this Island, by changing the Species of the Debt, sometimes from Money into Sugar and other Commodities, and again at other times from Sugar and other Commodities into Money: Wherein the Lender or Cre∣ditor working on the necessity of the Debtor or Borrower, hath set so low a Value on Sugar, when he converteth his Money into Sugar, and on the contrary so high a Value on it, when his Sugar-Debt or Sugar were to be converted into Money: That by such shifting the Original Sum lent, hath generally in Two or Three Years at most been doubled, to the great oppression of the Inhabitants of this Island, and the scandal of Justice, that have not adjudged such shifting and indirect Courses to be contrary to the former Act.

[Clause III] It is hereby Enacted and Ordained by the Authority aforesaid, That there shall be no Change or Alteration of Money or Wares lent or continued in the Hands of any Borrower;* 1.22 but that whatsoever is lent or continued, shall still remain unchanged from the Species it was first lent in, and that no Commodities be as aforesaid changed or shifted into Mo∣ney, nor Money into Commodities.

[Preamble.] And forasmuch as in the understanding of one Clause of the Act, establishing the Courts of Common Pleas within this Island, the Judges of the respective Courts, have differed in Opinion and Practice; where∣by some Inconveniences have happened as well to the Merchant and Trader, as Inhabitants of this Island: By reason that on Recoveries in this Island of Debt payable in England, and there not duly satisfied, some Judges have ordered the satisfying thereof by Appraisement, some by Sale or Outcry; when as indeed neither of those Courses are directed by the said Act, but done at the discretion of the Judges. To the end there may be no failure of Justice, and that every Recovery should be satisfied, for prevention of which different proceedings, and for the esta∣blishing a just and equal way for the satisfying such Debts and Recove∣ries,

[Clause IV] It is hereby Enacted and Ordained, and the respective Judges of this Island,* 1.23 are hereby required upon all such Recoveries now or here∣after to be made by reason of any Contract preceeding the Publication of this Act, be satisfied and paid by Attachment and Appraisement, and that no Sale by Outcry in such case be allowed. And whatever Re∣coveries shall hereafter be obtained in any of the Courts of this Island, of Money that were payable in England, and became due by reason of any Contract made after the Publication of this Act, such Money-Debts shall be here satisfied by Muscovadoe Sugar, at Two Pence the Pound, or whatever else shall be Attached, where no Muscovadoe Sugar can be found, shall be Appraised into Muscovadoe Sugar; and if the Recovery be on Bills of Exchange, Twenty per Cent. to be added, as by the for∣mer Law of this Island is appointed. And in ordering and appointing Appraisers, the Judges are to have an especial care, that they appoint none to Appraise, but such as are good and sufficient Free-holders. This Act to continue for the Space of Seven Years, from the said Nine and Twentieth Day of September, and so to the end of the Setting of the Assembly then next following.

Given under my Hand, the 29th of April, 1668.

Signed, William Willoughby.

N ^o 92. An ACT for preventing the Selling of Brandy and Rum in Tipling-Houses near the Broad Paths and High-ways within this Island.

[Preamble.] FOrasmuch as intolerable Hurts and Troubles to this Island, do con∣tinually grow and increase through the Multiplicity of such Abuses and Disorders as are daily had and used in Unlicens'd Tipling-Houses, commonly called Brandy, or Rum-Houses, which are for the most part situated and erected near to Broad-paths or High-ways; Whereby the Keepers of such Houses take advantage to Trade and Deal with Ser∣vants and Negroes for Stolen Goods contrary to Law, and to the great Oppression and Damage of Honest and Industrious People.

And whereas on Sabbath Days, many Lewd, Loose and Idle People, do usually resort to such Tipling Houses, who by their Drunkenness, Swearing and other Miscarriages, do in a very high nature, blaspheme the Name of God, prophane the Sabbath, and bring a great Scandal upon true Christian Religion. For Prevention whereof for the future,

[Clause I] Be it Ordained and Enacted by the Deputy Governour, Council and Assembly, and by Authority of the same;* 1.24 and it is hereby Ordained and Enacted, that no Person or Persons whatsoever, be permitted or li∣censed to sell Wine, Brandy or Rum, or any other strong Liquors in such Tipling-Houses as aforesaid, from and after the First Day of June next ensuing the Date hereof, upon any pretence whatsoever.

And in case any Person shall contrary to this Act, obstinately pre∣sume to sell such Liquors in such Tipling-Houses as aforesaid, Then the Person or Persons so convicted, by the Oath of Two or more credible Wit∣nesses, or by the Parties own Confession, shall for such their first Offence,* 1.25 forfeit and pay the Sum of Five Hundred Pounds of Sugar, the same to be levied by distress, as in case of Servants Wages, by Warrant from any Justice of the Peace of that Parish, where such Offence shall be com∣mitted. The same Forfeitures to be converted to, and reserved for the use and maintenance of the Poor of that respective Parish. And in case any Person shall offend the Second time in the same nature,* 1.26 That then the Person or Persons so offending, for such his Second Offence, be com∣mitted to the common Goal of this Island, there to remain without Bail or Mainprize, for the space of Three Months; and so for every such Offence so committed after his or their first Conviction, any Law, Usage or Custom heretofore to the contrary notwithstanding.

Provided always, and it is the true intent and meaning of this Act, that no Persons dwelling in any the Sea-Port Towns or Bays within this Island, and have Licence for the selling Wine,* 1.27 Beer and other Strong Li∣quors, shall be by this Act debarred to sell the same;* 1.28 Except such as live Windward of Oistnis, and to Leeward of Six-Mens-Bay.

Neither shall be construed to extend to the Prohibition of such Per∣son or Persons as are appointed to give Entertainment in their Houses at the Quarter Sessions, or other Court or Courts of Judicature within the Body of this Island.

[Preamble.] And forasmuch as it hath been the too long Covetous Practices of many Persons to buy decay'd Wines, &c. with intent and purpose to vent the same at great Rates amongst the poor People, who live far up in the

Country: By which means the poorer sort of Planters and Labourers contract many needless Debts, to the great Ruin of themselves and Fa∣milies; and which tends very much to the depopulation of this place, if not timely prevented.

[Clause II] Be it therefore Ordained and Enacted by the Authority afore∣said,* 1.29 That no Person or Persons, except such as are before in this Act ex∣cepted, do after the first Day of June next ensuing the Publication here∣of, take upon him or them to sell any Wines, Brandy or other Liquors, not being the produce of their own Plantations, und•••• ••enalty of losing all such Debts so contracted and made.

[Clause III] And be it Enacted and Ordained by the A••••hority aforesaid, That all Accounts,* 1.30 Articles of Accounts, Bills, Bon•••• or other Contracts so to be made, or given after the First Day of June next, for the Sale of such Strong Liquors retailed up in the Country as aforesaid, shall be deemed, and are hereby declared to be void, null and of no effect; any Law, U∣sage or Custom heretofore to the contrary notwithstanding.

[Clause IV] And be it further Enacted and Ordained by the Authority afore∣said, That no Person or Persons within this Island, from and after the Publication hereof, shall be permitted to keep any Still or Stills for di∣stilling of Rum:* 1.31 Except such Person or Persons have Land and Canes of their own, or such as keep Refining Houses.

And if any other Person or Persons shall obstinately persist so to do, that then he or they shall abide, and undergo the Censure of the next Quarter-Sessions, so often as he or they offend in that kind.

Given under my Hand the 29th of April, 1668.

Signed, William Willoughby.

N ^o 93. An ACT to prevent the Abuse of Lawyers, and Multiplicity of Law Suits.

Repealed by Act 142.

N ^o 94. An ACT declaring the Negro Slaves of this Island to be Real Estate.

[Preamble.] WHereas a very considerable part of the Wealth of this Island consists in our Negro Slaves, without whose Labour and Service we should be utterly unable to manage our Plantations here, thereby relieving our own Wants, and bringing that considerable increase of Re∣venue, which this Place affords unto his Majesty's Coffers, as well here as in England.

And whereas Some Law Suits have arisen, and other great Incon∣veniences have followed, where divers Persons dying Intestate, have left their Right and Interest of their Negro Slaves to be by Law disputed between their Heirs, Executors and Administrators, wherein the various Judgments or Affections of several Courts or Jurors, have sometimes found for the one, and at other times, for the other.

For a full Remedy of these Inconveniences, and to the intent that the Heir and Widow, who claims Dower, may not have bare Land without Negroes to Manure the same, And also that the Condition, Right and Interest of Negroes, to all other ends and purposes whatsoe∣ver may be fully known and determined,

[Clause I] The Deputy Governour, Council and Assembly of Representa∣tives, being willing that all Doubts, and Ambiguities herein should be removed, and the Law in this case declared and put in a certainty, have Ordained and Enacted, And it is hereby Ordained and Enacted by the Deputy Governour, Council and Assembly, and by Authority of the same, that from, and after Publication hereof, all Negro Slaves in all Courts of Judicature and other Places within this Island, shall be held, taken and adjudged to be Estate real, and not Chattels,* 1.32 and shall de∣scend unto the Heirs and Widow of any Person dying Intestate, ac∣cording to the Manner and Customs of Lands of Inheritance held in Fee-Simple.

Provided always, that no Person selling or alienating any of his or her Negroes,* 1.33 is hereby held or obliged to cause such Sale or Alie∣nation to be inrolled, as is accustomed to be done and required by the Law of this Island, in the alienation of other real Estates: Any usage Law or Custom to the contrary notwithstanding.

Provided that this Act, nor any thing therein contained,* 1.34 shall be taken and deemed to extend unto any Merchant, Factor or Agent, bring∣ing Negro Slaves to this Island, or having the consignment of any Slaves unto them. But in all respects, they, their Executors Administrators or Assigns, may hold, possess and enjoy such Slave or Negroe in such Con∣dition, as they might have done before the making of this Act, until such Sale of such Slave or Slaves hath been made in this Island.

Given under my Hand the 29th of April, 1668.

Signed, William Willoughby.

N ^o 95. An ACT for the Supply of some Words omitted in the former Act, bearing Date the 26th of April, 1667, being an Act of Subscription.

Expired.

N ^o 96. An ACT continuing the Committee for setling the Publick Ac∣compts.

Expired.

N ^o 97. An ACT for Repealing of a former Act, establishing Market-Days.

[Preamble.] WHereas by an Act of this Island bearing Date the 9th Day of August, 1661, particular Market-Days were appointed and or∣dered to be kept and held in the Sea-port Towns in this Island, and all Sales thereby restrained to observance of those Days, and all manner of Con∣tracts thereby, though never so unduly made, seemingly confirmed and warranted. So that many Evils may ensue to the Inhabitants of this Island, by the Indirect Practices of many loose and wicked Per∣sons.

[Clause I] Be it therefore Enacted and Ordained by the Deputy-Governour, Council and Assembly, and by Authority of the same, That the said Act of the Ninth Day of August, One Thousand, Six Hundred, Sixty and One, whereby the said Set Market-Days are appointed, be, and is hereby Re∣pealed, and made void to all intents and purposes whatsoever; excepting only, and notwithstanding provided, that the selling of Goods attached by the Marshal of the respective Courts, upon Execution for Debt, shall be observed and kept upon the said Days and Times, as by the said Act is appointed and is directed to be observed, in the Act establishing the Courts of Common Pleas of this Island.

Given under my Hand, the 29th of April, 1668.

Signed, William Willoughby.

N ^o 98. An ACT for the more speedy Recovery of the Arrears of the late Act for Labour, &c.

Obsolete.

N ^o 99. An ACT for the Rebuilding the Town of St. Michael's which was lately diminished by Fire.

Repealed by Act 102.

N ^o 100. An ACT appointing a present Accommodation for His Ma∣jesty's Souldiers in this Island.

Obsolete.

N ^o 101. An ACT appointing with what Materials the Town of St. Mi∣chael's to be Built, and a Repeal of a late Act relating there∣to, made in April last.

Repealed by Act 107.

An ACT requiring the Execution of the former Acts,* 1.35 For Four Pounds of Sugar per Acre, Fifteen Pounds of Sugar per Head, and Six Pounds of Sugar per Acre, and Five Pounds of Sugar per Head, and Two Pounds of Sugar per A∣cre.

N ^o 103. An ACT appointing a further accommodation of the Officers and Souldiers of His Majesty's Regiment of Sir Tobias Bridges, within this Island.

Expired.

N ^o 104. An ACT appointing Fines upon such as shall refuse Military Commands for the present Service.

Obsolete.

N ^o 105. An ACT for the speedy holding a General Sessions, and Goal Delivery.

Repealed by Act 300.

N ^o 106. An ACT appointing with what Materials the Town of St. Mi∣chael's is to be built, and a Repeal of a late Act relating there∣to, made in April last.

Obsolete.

N ^o 107. An ACT appointing accommodation of the Souldiers of His Majesty's Regiment of Sir Tobias Bridge, to answer His Majesty's Commands for their further stay in this Island.

Expired.

N ^o 108. An ACT for regulating and appointing the Fees of the several Offices in this Island, and other publick Ministers.

[Preamble.] WHereas several the Inhabitants of this Island have made many and grievous Complaints of the unjust Oppressions and Exactions of several Persons, under colour of their several Offices hereafter in this Act particularly express'd; By reason whereof, many of them the In∣habitants aforesaid, either not being able or willing to comply with such exorbitant and illegal Demands, have been nec••ssitated to lose their just Rights, or to suffer great Prejudice in their Affairs and Concernments through the delay or want of such just Advantages and Securities as a due and right Performance of such Officers in their respective Offices might and ought to afford them. For Remedy whereof for the fu∣ture, and to the intent all the said several Fees or Demands of the Re∣spective Officers or Ministers due to their Offices and Imployments, may be made certain, or certainly known, and all Delays and Exactions, and unlawful Demands by them be prevented and punished.

The Representatives of this Island now assembled, do desire, that it may be Enacted,

[Clause I] And it be Ordained, Established and Enacted by his Excellency, William Lord Willoughby of Parham, Captain General and Governour in Chief of this and the rest of the Charibbee-Islands, his Council and Assembly of Representatives of this Island, and by authority of the same, That none of the Officers or other Persons, that now do, or hereafter shall be∣long to, or officiate in any of the Offices or Imployments hereafter named and expressed, either by themselves, Deputies, or Clerks or Servants, shall after Publication hereof, neglect, refuse or delay, to give due dispatch to all Persons as aforesaid, or receive or take directly or indirectly, either by way of Expedition Money, or any other Extortion, any other Fee or Fees for any Business hereafter nominated, than is for the same in their particular List hereafter exprest,* 1.36 under Penalty of forfeiting and paying Five Thousand Pounds of Sugar, the one Moyety thereof to be paid to the publick Treasurer for the time being, and for the use of this Island, and the other Moyety to him or them that shall inform or sue for the same in any Court of Common-Pleas within this Island. And the Party grieved, left to his Action at the Common Law, to recover his Damage on such Officer or Officers for such his Offence.* 1.37 And the said Officers shall further lose his or their Office or Offices, Imployment or Imployments, and be committed to the Common Goal, without Bayl or Mainprize, for the space of Three Months, and the same to be imme∣diately executed upon him or them, upon his or their Conviction by the Oaths of Two credible Witnesses,* 1.38 or Confession of the Party Accused, before the Governour or any Justice of the Peace.* 1.39 And the said Justice of the Peace is hereby impowered and required to execute the same.

And to the intent all due order may herein be taken and observed, and that the Inhabitants of this Island may not be ignorant thereof,

[Clause II] It is further Enacted and Ordained by the Authority aforesaid, That the respective Officers belonging to the Offices hereafter named, do forthwith after Publication hereof, cause their Fees with the Prices there∣of, according as they are to this Act annexed and set down, to be fairly

Ingrossed and set up in a publick Place, where their Offices are kept,* 1.40 and the business belonging to the said Offices is done, and not be from thence at such times,* 1.41 under the Penalty of forfeiting and paying One Thou∣sand Pounds of Muscovadoe Sugar, for every such Default: The one Moyety to be to the Treasurer for the time being, for the Receipt of the Excise on Liquors, and for the use of this Island, and the other Moyety to him or them, that shall inform or sue for the same in any Court of Common Pleas, within this Island.

[Clause III] And it is further Enacted by the Authority aforesaid, That the said Fees shall be paid in Sugar, or else in Money, at Three Half Pence per Pound, at the choice of the Payer. And upon tender of Sugar to any Officer for the Fees aforesaid, the said Officer is hereby required with∣out delay to receive the same accordingly.

Or if any Question arise concerning the goodness of the Sugar, Then the Officer is hereby further required to accompany the Person, that hath made tender of the same, to the next Justice of the Peace, who is also hereby required to Value the same, and certify the Value thereof under his Hand; at which Rate or Value, the Officer aforesaid under the Penalty aforesaid, shall accept thereof.

Given under my Hand the 9th Day of November, 1668.

Signed, William Willoughby.

The PROVOST MARSHALS Fees.

	lb. Sugar.
For Commitment and Release of a Gentleman	40* 1.42
For his Diet and Accommodation, if he Diet not himself, Twenty Pounds of Sugar per Day	20
For Commitment and Release of an Ordinary Person	20
For his Diet and Accommodation, if he finds not himself, Four Pounds of Sugar per Day, the Provisions for him to be Bonavis, Potatoes, or Bread and Water, of each suf∣ficient, the Justices of the Town and Parish of St. Mi∣chael's, shall be from time to time Judges of what is suf∣ficient.	04
For Imprisonment nothing, because the Prison is to be main∣tained by His Majesty
For a Warrant of Arrest at the Bridge, or elsewhere in this Island	40* 1.43
For every Man bound to the Peace and good Behaviour, and called at Sessions on Indictment, or otherways	20
For an Arrest on Board any Ship, besides Twenty Pounds of Sugar for Boat-hire	50
For every Warrant of Possession which is directed to the Provost Marshal, he serving of which, is therefore to have	250
For Summoning a Special Jury, and Attendance thereon	500

For an Habeas Corpus, and Attendance in the Town of St. Michael's, Thirty Pound of Sugar per Day; at any o∣ther Place out of St. Michael's Town, Forty Pound of Sugar per Day
For Diet of a Negro, Four Pound of Sugar each Negro per Day	4
For Serving all Executions, as the Marshals of the Com∣mon Pleas

The CLERK of the PEACE his Fees.

For every Person quit by Proclamation, being adjudged innocent, or after Punishment either at the Grand, or Quarter Sessions	80
For every Summons to answer, or at Suit of the Party upon Travers	10
For every Recognizance Drawing	20
For Travers in Trespass in force	80
For every Warrant of the Peace	8
For every Certiorari	80
For every Order of Sessions	40
For every Writ of Restitution	80
For a Copy of an Indictment	40
For every Supersedeas	20
For every License for Drink annually	20
For every Recognizance for the same	10
For every Indictment for Riot, &c. before private Justice	500
For Recording every Indenture	20
For every Contempt	20

The CORONERS Fees.

Five Hundred Pounds of Muscovadoe Sugar, or Money to the value in Sugar, at 12 s. 6 d. per Cent. But if the Party be a Servant, or one that dieth upon the Ac∣count of the Parish, the Fees to be no more than is established by an Act of this Island for Regulating Ser∣vants

The CLERKS of the CHANCERY, and EXA∣MINERS Fees.

	lb. Sugar.
For receiving and ingrossing a Bill of Complaint, Four Pounds of Sugar for every Sheet, each Sheet one with another, to comprehend Sixteen Lines, and Eight Words in a Line one with another
The like for Answers and Demurrers
The like for Replications
The like for Rejoinders
For every sort of Subpoena	20
For entring the Oath that the Subpoena is served	4
For a Warrant of Contempt, where the Defendant appears not	20
For a Proclamation of Allegiance	20
For a Commission of Rebellion	100
For entring a Rule, or Order of Court	3
For entring the Defendant's Oath for the truth of this Bill	3
For a Commission to take the Answer in the Country	60
For a Bill of Cost, and entring of it	12
For a Commission to examine Witnesses in the Country, when by reason of Sickness they cannot appear in Court	60
For drawing any Order of the Court, and ingrossing of it	30
For all Copies of Depositions, Bills, Replications, Rejoinders Decrees and Orders of Court, &c. Four Pound of Su∣gar per Sheet, as in Original Bills and Answers, each Sheet to contain as aforesaid
For an Injunction	40
For issuing Executions on Decrees	80

The SERJEANT at ARMS his Fees.

For serving a Subpoena, and making a Return thereof	20
For serving and returning an Injunction	20
For serving an Attachment	20
For Committment and Releases	40
For Diet and Accommodation, Twenty Pounds of Sugar per Day	20
For an Habeas Corpus, if in the Town of St. Michael's, Thirty Pounds of Sugar per Day; if elsewhere, Forty Pound of Sugar per Day
For serving a Decree, as the Marshal at the Common Law

Fees to the ORDINARY and his REGISTER.

	lb. Sugar.
For proving the Will before the Governour as Ordinary	40
For an Order from the Governour, for Letters of Admi∣nistration	40

Fees allowed the GOVERNOƲR's CLERKS in the NAVAL OFFICE, or in any other Capacity.

	s.	d.
For Recording a Certificate, that the Master hath given Bond in England	1	6
For a Bond here to Land Goods in England according to the Act	2	6
For a Certificate to the Fort that the Ship is Discharged	1	6
For a Warrant of Arrest and the Bond	5	0
For an Order upon a Petition	1	0

Fees taken by any Sworn SƲRVEYORS.

For every Day he is imployed in measuring of Land, if he give a Plot thereof, One Hundred Pounds of Su∣gar.

JƲSTICE of PEACE CLERK's Fees.

For a Warrant	0	6
For Recording of an Order	0	6
For a Copy of an Order	0	6
For an Execution	1	0
For a Warrant of Contempt	1	0
For a Recognizance	1	0
For a Discharge of a Recognizance	1	0

N ^o 109. An ACT for the assuring the Satisfaction of what Disburstments His Excellency William Lord Willoughby of Parham, Captain General, and Chief Governour of this and all other the Charibbee-Islands, hath been out for this Country.

Obsolete.

N ^o 110. An ACT appointing a Committee for Setling the publick Ac∣counts of this Island.

Repealed by several after Acts.

N ^o 111. An ACT for the advancing and raising the Value of Pieces of Eighty, &c.

[Preamble.] WHereas it hath been found by long Experience, that the great want of Mony is very prejudicial to this Island, in the carry∣ing on the common Trade and Commerce thereof; and that so great a want hath been principally occasioned, for that Pieces of Eight have not been fully estimated, but permitted to pass here from Man to Man at too mean Rates; whereupon very much Coyn hath been exported to Foreign Nations: For Prevention whereof for the future,

[Clause I] Be it Ordained and Enacted, and it is Ordained and Enacted by his Excellency, William Lord Willoughby of Parham, Captain General and chief Governour of this and the rest of the Charibbee-Islands, the Council and Assembly, and by Authority of the same;* 1.44 that from and after Publi∣cation hereof, all Pieces of Eight, Sevil, Mexicoe and Piller Pieces, shall be esteemed, valued, and past Current in Payment between all Persons within this Island, at the Rate of Five Shillings per Piece Current Mo∣ney of England, and that all and every the Half and Quarter Pieces, and Royals of the said Coyn, and single Royals of all sorts of Spanish Coyn in like proportion; any Statute, Law, Ordinance or Provision heretofore made to the contrary notwithstanding.

[Clause II] And it is hereby further Enacted and Ordained by the Authority aforesaid, That what Person or Persons soever, shall from, and after Publication of this Act, deny or refuse,* 1.45 to take and receive the afore∣said Coyn, in payment at the Rates aforesaid, shall upon Conviction thereof, made before any of his Majesty's next Justices of the Peace, be bound to his, or their good Behaviour, till the General Sessions next ensuing such Conviction, then, and there to answer for such, his or their Contempt by Indictment or otherwise, as the Court at their Dis∣cretion shall think fit.

Given under my Hand, the 14th of November, 1668.

Signed, William Willoughby.

N ^o 112. An ACT appointing a further accommodation of the Souldiers of His Majesty, in the Regiment of Sir Tobias Bridge, to answer His Majesty's Commands for their future stay in this Island.

〈◊〉〈◊〉

N ^o 113. An ACT for the Continuation of the Excise on all Strong Li∣quors imported this Island for One Year.

Expired.

N ^o 114. An ACT prohibiting Wandering Persons from carrying of Goods and Wares in Packs or otherwise, from House to House in this Island.

[Preamble.] FOrasmuch as the extravagant Wandering of several Persons with their Packs of Wares in and about this Island from House to House, there to make Sale of the same, hath been found to be very prejudicial to the Inhabitants thereof, not only for that such Toleration is contrary to the wholesome Laws of England, which strictly prohibit all such Ped∣lers as Vagabonds, But for that it doth also occasion and create ma∣ny great Mischiefs to this Place, by reason of the continual under-hand dealing of such Persons every where with Servants and Negroes; Where∣by they drive on most part of their Trade by trucking for Stolen Goods, to no small Damage of honest and industrious Planters, who may from time to time Supply himself with all sorts of Commodities at cheaper Rates from the Merchant, at the several Towns and Store-houses with∣in this Island.

[Clause I] Be it therefore Ordained and Enacted by the Deputy Gover∣nour, Council and Assembly, and Authority of the same, that all such Persons,* 1.46 as shall presume so to Travel, Wander, or go from House to House in this Island with such Packs or Wares to sell, to any Inhabi∣tants, Servants or Slaves whatsoever, shall forfeit his or their Wares and Commodities whatsoever, so carried as aforesaid. And that it shall and may be lawful for any Person whatsoever, to apprehend and take such Person and Persons so Wandering, Travelling and carrying Goods in manner aforesaid, and him or them to carry before the next Justice of the Peace, to examine the same. And if upon his Examination, he shall find the Person or Persons so brought before him, to be Of∣fenders against this Act,* 1.47 That then it shall and may be Lawful for such Justice of the Peace, to divide all and every the said Goods and Wares so carried as aforesaid, according to the best of his Judgment, and the one half to give and deliver to such Person or Persons,* 1.48 that shall ap∣prehend such Person or Persons, so offending as aforesaid, and the other half forthwith to deliver over to the Overseers of the poor of that Pa∣rish, where the Person or Persons so offending, shall be Apprehended, Seized or Taken, the same to be to the use of the Poor of the said

Parish, who is to give an exact Account thereof to the Vestry of each such Parish.

[Clause II] Provided always,* 1.49 that no Persons shall be deemed to be Offenders against this Act, for carrying any the growth of this Island. This Act to take force Ten Days after Publication hereof, and not sooner.

Given under my Hand, the 19th of February, 1668.

Signed, Christopher Coddrington.

N ^o 115. An ACT to prevent taking away Sand and Stones from the Shoar.

Expired.

N ^o 116. An ACT for Repeal of the Clause hereafter mentioned and contained in an Act lately made and dated the 29th of April, 1668; Intituled, An ACT reducing Interest to Ten Pounds of Sugar, for One Hundred Pounds of Sugar for One Year.

[Preamble.] WHereas by an Act of this Island bearing Date the 29th of April, One Thousand, Six Hundred, Sixty Eight, Intituled, An Act for Reduceing the Interest to Ten, for One Hundred in One Year, It is in a latter Clause in the said Act, Declared and Enacted, that whatsoe∣ver Recoveries shall hereafter be obtained in any the Courts of this Island, of Moneys that were Payable in England, and became due by reason of any Contract made after the Publication of the said Act; such Money-Debts should be here satisfied by Muscovadoe Sugar, at Two Pence per Pound; or whatever else should be Attached where no Muscovadoe Su∣gar could be found, should be Appraised into Muscovadoe Sugar; and if the Recovery be on Bills of Exchange, Twenty per Cent. to be added. And whereas it is found by experience, That the Consequence there∣of tends to the impairing of the Credit and Trade of this Island;

[Clause I] Be it therefore Enacted by the Deputy-Governour, Council and Assembly, and by the Authority of the same, That the said last Clause in the said Act, Intituled, An Act for the Reducing the Interest to Ten, for One Hun∣dred in One Year, and every thing therein contained, as is here before reci∣ted, shall be, and is hereby from henceforth Repealed, Annulled and made void, to all Intents and Purposes whatsoever.

[Clause II] And be it further Enacted by the Authority aforesaid, That from henceforth, upon the Protest of a Bill or Bills of Exchange here produced sor ued for, Ten per Cent. and no more, shall be taken or allowed; and so in proportion for a greater or lesser Sum, for the Damage and Interest, for the Value of the Bill so Protested as aforesaid.

Given under my Hand the 19th of February, 1668.

Signed, Christopher Coddrington.

N ^o 117. An ACT impowering the Free-holders of St. James and Christ-Church, to meet and choose a Vestry of Free-holders in the said Parishes.

Obsolete.

* 1.50An Additional ACT to the Acts of the Militia now in force in this Island.

N ^o 119. By the Deputy Governour, Council and Assembly: An ACT con∣cerning the Excise.

Expired.

N ^o 120. An ACT impowering Mr. Thomas Pargitor to receive from the People of the Jews Nation in this Island, what remains due of their Contribution towards the Defraying of the Dis∣charge of the Disbursements made by the said Pargitor, for his Excellency Francis Lord Willoughby's Expe∣dition against His Majesty's Enemies, at the Leeward Islands.

Expired.

* 1.51An ACT to prohibit the bringing of Heading and Timber from Surinam.

N ^o 122. An Additional ACT concerning the Conveyance of Estates.

WHereas by an Act of this Island made the Eleventh Day of Sep∣tember, One Thousand, Six Hundred, Forty and Nine, Intituled An Act concerning the Conveyance of Estates; the Preamble whereof run in these following Words.

[Clause I] For that the King's Writs do not run here, whereby Fines and Reco∣veries cannot be here had and levied as in England, and yet here is as much and more use and need of them:* 1.52 For that few Men come to this Island with intention to settle themselves and Posterities: But for the most part to gain and increase their Estates, and then to sell their Lands and Return, which oftentimes cannot well be done, nor with Se∣curity to the Purchaser, for want of such Fines and Recoveries without some Act be made to supply the same, &c. It was Enacted, That a Deed in due form of Law made and within Three Months of the Date thereof, acknowledged before the Resident Governour for the time being, or before some one of the chief Judges of one of the Courts of Justice within this Island, by all the Parties that grant or pass away any Lease for above the Term of Three Years, or any Free-hold or Inheritance by such Deed, or by so many of them as shall be living, of by any o∣ther Person or Persons lawfully authorized under Hand and Seal, to con∣vey and grant the same; (So the same be recorded at length in the Se∣cretary's Office of this Island, within the said Three Months) shall be va∣lid, to pass the same without Livery, Attornment, or any other Act or Ceremony whatsoever. And that no Deed hereafter without such Ac∣knowledgment and Inrollment shall pass any Estate of Freehold or Inhe∣ritance, or any Lease above the number of Three Years. Which before recited Clause, as well Negative as Affirmative, was on the Seventh of October, One Thousand, Six Hundred, Fifty and Two, Repealed and Supplied by one Act, containing as followeth.

[Clause II] That no Deed shall be sufficient in Law to barr a real Purchaser, to pass any Estate of Land,* 1.53 unless the same be acknowledged before the Governour, or One of the chief Judges of One of the Courts within this Island, and inrolled at length in the Secretary's Office, within Three Months of the Date and Delivery thereof. And in case the Grantor shall refuse, or doth not on Summons, appear to acknowledge the same, Then upon Proof made by any of the Witnesses, before such Gover∣nour or Judge, that the said Deed was duely sealed and delivered with∣in the said time, shall be sufficient for Recording the same. Which said Act made in Anno One Thousand, Six Hundred, Fifty and Two, not being made under Kingly Authority, became void immediately on his Ma∣jesty's happy Restoration; And thereby the former revived, yet so un∣observed not only by the general Body of the Inhabitants of this Place, but even by the Ministers and Courts of Justice, that the apprehension, use and practice setled by the said Act, in One Thousand, Six Hundred, Fifty and Two, hath continued even to this present Day. By which Misapprehension, and yet Re-establishment of the afore recited Clause of that Act made in Anno One Thousand, Six Hundred Forty and Nine, without due Provision, would occasion many and great Inconveniences to the Inhabitants of this Place.

* 1.54The Representatives of the Inhabitants of His Majesty's Island, do therefore desire, that it may be Declared and Enacted;

[Clause III] And it is hereby Enacted and Declared, by the Deputy Gover∣nour, Council and Assembly and by Authority of the same; That no Deed made since the Eleventh of September, One Thousand, Six Hun∣dred, Forty and Nine, or that hereafter shall be made, shall be sufficient in Law to barr a real Purchaser: Vnless it be acknowledged and proved before the Resident Governour or chief Judge of One of His Majesty's Courts of Common-Pleas within this Island, for the time be∣ing, and recorded at length in the Secretary's Office of this Island with∣in Three Months after the Ensealing and Delivery thereof: In case the said Purchaser be ignorant of any former conveyance thereof. But in case any Person hath,* 1.55 or shall purchase any Plantation or Land, that he knoweth already Sold, to, and by Deed, or Deeds conveyed to another; Notwithstanding the said Deed, whereby it is conveyed to the first Purchaser, be through Ignorance Mishap or Negligence, not duly acknowledged, proved or recorded as aforesaid, Such former Deed though defective as aforesaid, shall stand good to bar the latter Pur∣chaser, notwithstanding the aforesaid Defect; it being the sole true and intent and meaning of this present Act, and was also of the afore re∣cited Clause of that Act made in Anno One Thousand, Six Hundred, Forty and Nine, as by the afore-recited Preamble appears, notwith∣standing the latter Negative part of the said Clause seem to the contrary.* 1.56 That a real Purchaser not informed of any former Sale, either by the Records whereof he must not be ignorant, or otherwise of his own knowledge or good information, should be as well secured in his Pur∣chase of Lands here by Deed fitly made, and duly acknowledged or proved and recorded, as by Fine and Recovery he might of Lands in England, in which Sense and no other, was the aforesaid Clause in∣tended.

[Clause IV] And it is hereby Enacted and Ordained by the Authority afore∣said, That no other Sense or Interpretation ought to be, or shall be given of the afore recited Clause of the said Act made in Anno One Thousand, Six Hundred, Forty and Nine, or any part of the said Clause, either Affirmative or Negative, any Words or Expressions seeming or being to the contrary thereof notwithstanding.

Given under my Hand the 24th Day of May, 1669.

Signed, Christopher Coddrington.

* 1.57An ACT appointing an Impost of Powder on the Tunnage of all Ships trading to this Island.

N ^o 124. An ACT for the more advantagious hanging of Coppers and Stills.

Expired.

N ^o 125. An ACT appointing a Committee for setling all Publick Ac∣counts of this Island, and receiving and paying all its just Cre∣dits and Debts.

Expired.

N ^o 126. An ACT for the continuation of the Excise on all Strong Li∣quors imported this Island for Six Months next coming.

Expired.

N ^o 127. An ACT about Surinam. Another Act after made for Re∣peal, and is Obsolete.

Obsolete.

N 128. An ACT appointing Bench Actions, and the manner of pro∣ceeding therein.

[Preamble.] FOrasmuch as daily Experience doth manifest the several Inconve∣niences which befall both Plaintiff and Defendant,especially the poorer sort of this Island, for want of Trial of small Actions by the Bench, as hath been heretofore accustomed.

The Deputy Governour, Council and Assembly, desiring to put a Remedy to the same, have Enacted and Ordained,

[Clause I] And it is hereby Enacted and Ordained by the said Deputy Go∣vernour, Council and Assembly, and the Authority of the same, That from and after the Date hereof, all and every Person and Persons suing in any Court of Common Pleas in this Island, for any Sum or Sums not exceeding One Thousand Pounds of Sugar,* 1.58 or Five Hundred Pounds of Cotton, or not above Eight Pounds Sterling, whether by Bill, Account or otherwise, are to File their Actions with the Clerks of the respective Courts of Common Pleas, in as short a Method and Form as may be,* 1.59 setting forth the Sum or Sums due, and to carry the said Clerk a Copy thereof, who is to attest the same, and to deliver the Copy thereof so attested to the Plaintiff or Plaintiffs, together with a Warrant accustomed. For which Filing, Attesting and Warrant,* 1.60 he is to receive Two Shil∣lings and not more; which Warrant and Declaration being carried to the Marshal of the said Court, he by himself or Deputy is to give Sum∣mons to the Defendant or Defendants in the Precincts to the said Court belonging in such manner, and within such time, and with such return of the said Summons, as is appointed by the Act of Judicial Proceedings, and as it is to all other Actions now accustomed and appointed. For which he is to receive for his Fee one Shilling Sterling, and not more;* 1.61 And that as well the Plaintiffs as Defendants in such Action need not appear till the Third Court following such Entry and Summons.* 1.62 And at the said Third Court, the Debt or Debts in Question are then to be

heard and examined by one or more Justices of the said Court,* 1.63 and by him or them to be ascertained, who are to make and enter an Order upon the said Hearing, what is justly due, that Execution may issue thereon for the same; And that then the like Proceedings may then after be had as in other Cases. But if at the Third Court, the matter can∣not be clearly decided, and the Debt not ascertained, as that the Defen∣dant will plead thereto, and have the same tried by a Jury, Then that the same be done at the said Third Court, without sufficient Matter shew∣ed to the Court, to give further time, and to give and allow all Charges against the Defendant in such Cases,* 1.64 as is accustomed in other Actions. But where the Matter is decided by the Bench, then no Charge to be allowed for Attorneys Fees on either side, but the Fees aforesaid for the Entry and the Marshal's Summons. And if the Defendant appears not at the said Third Court being called,* 1.65 Then that he be condemned by Nihil dicit, and Execution to issue thereon accordingly. And for the En∣try of the Order or Sentence so made by the Bench as aforesaid, the Clerk to receive one Shilling Sterling and not more;* 1.66 and that the Clerks of the respective Courts keep a Book for such Entry and Record, and make plain and fair Entries in such Cases; any thing contained in any Law to the contrary notwithstanding.

Given under my Hand the 22d of De∣cember, 1669.

Signed, Christopher Coddrington.

N ^o 129. An ACT concerning Spanish Money.

WHereas Information is given unto us, that there are several cor∣rupt and exceeding light Pieces of Eight lately sent to this Island by some Persons designing their own Profit and Advantage, though with the great Damage and Ruin of the Prosperity and Wellfare of this Island.

[Clause I] Be it therefore Enacted and Ordained by the Deputy Governour, Council and Assembly, and by Authority of the same, That whatsoever Merchant, Factor or other Person, that now hath or hereafter shall have any such Pieces of Eight, Half Pieces, Quarter Pieces, or single Royals consigned unto him from England or elsewhere,* 1.67 less in weight, or of a baser Allay than is usual, and shall directly or indirectly any way disperse them Abroad, either by offering them in Payment, or to sell unto other Persons: He or they so offending, shall forfeit the said Coin to the Pub∣lick,* 1.68 and suffer Imprisonment by Warrant from the Governour, in the common Goal for the full space of Six Months next ensuing after such Committment.* 1.69

[Clause II] And be it further Enacted and Ordained by the Authority afore∣said, That if any such Persons have already paid, or otherwise disposed of any such Coyn,* 1.70 they shall under the Penalty aforesaid, accept and re∣ceive the same back again, returning Satisfaction for them; the Party making Oath, if it be required, that they were the same Coin he re∣ceived from the other.

Given under my Hand, the 22d of December, 1669.

Signed, Christopher Coddrington.

N ^o 130. An Additional ACT relating to the Militia.

Repealed.

N ^o 131. An ACT appointing Overseers of Plantations, to officiate and act as Surveyors of the High-ways and Constables.

[Preamble.] FOrasmuch as several of the most eminent Plantations in most Pa∣rishes of this Island do little or no Parochial Duties, by reason the respective Owners of such Plantations have removed themselves to England or elsewhere, and in their Place and stead have left their par∣ticular Attorneys, Agents and Overseers, to manage their Estates for them in their Absence, Whereby the Country hath not only a far less Choice of able Men to officiate in the highest Places of Trust, But the burthen likewise of inferiour Officers doth thereby lye more heavy upon the Poorer sort of People. To the intent therefore that each Plantation may bear (so far as is possible) its equal Share in the perfor∣mance of such Duties;

[Clause I] Be it Ordained and Enacted, and it is hereby Ordained and En∣acted by the Deputy Governour, Council and Assembly, and by Au∣thority of the same, that it shall and may be Lawful, to,* 1.71 and for the Justices of the Peace at their Quarter Sessions or Vestries of each Pa∣rish within this Island, as in other cases hath been accustomed at their Election of Officers, to nominate, constitute and appoint, as to their discretion shall seem most meet, any chief Overseer or Overseers, At∣torney or Agent living upon any of the said Plantation or Plantations within this Island, containing Threescore Acres of Land or more,* 1.72 and whose Owner or Owners at such time or times of Election of Officers shall not be resident within this Island, to serve as Surveyours of the High∣ways, or as Constables; any Law, Usage or Custom heretofore to the contrary notwithstanding.

[Clause II] And it is further Enacted and Ordained by the Authority afore∣said, That in case any Overseer, Attorney or Agent as aforesaid, so elected and chosen to serve as Surveyor or Constable as aforesaid, shall after due notice given, neglect or refuse to be Sworn, and officiate ei∣ther by himself or approved Deputy, at the charge of the Plantation in his respective Office,* 1.73 That then every such Overseer shall out of his proper Estate, forfeit Two Thousand Pounds of Muscovadoe Sugar for such his Offence, the same to be levied by way of Distress,* 1.74 by Warrant or Precept under the Hand of any Justice of the Peace within such Pa∣rish where such Offence is committed. And in case no Estate of such Overseer, Attorney or Agent so offending (as aforesaid) to that Value can be found, Then the said Justice of the Peace is hereby impowered and required to commit to Goal every such Person so offending,* 1.75 till he shall pay the same, or perform his Duty herein required.

All which Forfeitures are hereby appointed to be imployed and laid out, in, and toward the Maintenance of the Poor of each respective Parish where such Offence shall be committed.

Given under my Hand the 23d of December, 1669.

Signed, Christopher Coddrington.

N ^o 132. An ACT for the Settlement of the Government of this Island.

Expired.

N ^o 133. By the Deputy Governour, Council and Assembly concerning the Excise.

Expired.

N ^o 134. An Additional ACT to the ACT Intituled, An ACT ap∣pointing a Committee for setling Publick Accounts of this Island, and receiving and paying all its just Credits and Debts.

Expired.

N ^o 135. An ACT for Continuance of the Excise.

Expired.

N ^o 136. An Additional ACT for the further Continuance of the Au∣thority of the Commissioners for the Publick Revenue of this Island.

Expired.

N ^o 137. An Additional ACT to the ACT concerning the Conveyance of Estates.

[Preamble.] FOrasmuch as by a good, wholsome and beneficial Law of this Island bearing Date the Eleventh Day of September, in the Year of our Lord, One Thousand, Six Hundred, Forty Nine, Intituled, An Act concerning the Conveyance of Estates, and by the Addition thereunto made, the One and Twentieth Day of September, in the Year of our Lord, One Thousand, Six Hundred, Sixty and One, generally called, the Act of Non-claim; Amongst other things therein contained, is limited and appointed the certain Times wherein Persons are to make their Claims to Lands and Tenements in this Island. But for that it is not therein ascertained and appointed in what manner, or how such Claims are to be made to Lands and Tenements, So that the Judges of the Courts of Common Pleas are left to their own Judgments and Opinions, what is, or may be a Claim in such Cases. Whereby great Hurts may redound to the In∣habitants, Possessors of Lands and Tenements, in case the Judges of the several Courts of Law should differ or vary in Judgment, in the manner of Claim, or allow of any other Claim, than is hereafter mentioned and declared.

And to the intent that the same may be ascertained, and the Posses∣sours of Lands and Tenements assured how and in what manner Per∣sons having or laying Claim to any Lands or Tenements in their Pos∣sessions; And also all Persons having Right or Title to Lands or Te∣nements, may know how to claim or demand their Right in such Cases, and that the Judges of the respective Courts of Common Pleas for the future may not vary herein,

[Clause I] The Deputy Governour, Council and Assembly, have thought fit to declare, and they do hereby shew and declare, That all manner of Persons whatsoever that are concerned to make Claim to any Lands or Tenements within this Island, so as to make their Claim effectual,* 1.76 are to make claim by their Action at Law duly entred in the Offices of the Courts where the Lands or Tenements are, according to the Forms, Practice and Rules of the said Courts: To which Action, the Te∣nants or Person in Possession, are to receive Summons from the said Court.

And that all Judges and Courts of common Pleas do allow of no other Claim to Lands or Tenements, for any Persons,* 1.77 Plaintiffs in any Suit or Suits before them than what is to be made by their Action on Record and Summons given in manner aforesaid, and not otherwise; Any Law, Usage, Custom or Practice to the contrary notwithstand∣ing.

And whereas Persons having or pretending Rights and Titles to Lands and Tenements in the possession of others, having once made their Claim within the times limited and appointed in the said Act, may for ever then after keep their Pretence of Right or Title to the same, by bringing their Action or Actions by way of Claim at Law once in Five Years, and so again in Five Years after, and so vex and trouble the Persons in Possession in such manner for ever.

[Clause II] The Deputy Governour, Council and Assembly, for prevention and removal of so great an Inconveniency, do therefore Declare and E∣nact, And it is hereby Declared and Enacted, That all Persons whatso∣ever, that shall hereafter make their Claim to any Lands and Tenements within the time limited in the said Act; Do by the said Action,* 1.78 or by some other Action (if brought in the Five Years then next after, (bring the same to trial,* 1.79 and the same Trial to be conclusive and definitive on the Plaintiffs part for ever, and never to bring any Action then after for the same, but to be for ever barred; any Law, Usage, Custom or Prac∣tice to the contrary notwithstanding.

[Preamble.] And forasmuch as the Deputy Governour, Council and Assembly, having duly consulted the said Act, and the said Addition thereto, do find, that the said Act, being pleaded in Bar by the Possessors of Lands or Tenements against Persons who have not made their Claim within the time limited therein, such Persons so neglecting their Claim become utterly barred, But doth not provide, that all manner of Persons what∣soever, that shall at any time Claim under such Person or Persons who have lost their Claim, shall be in like manner barred by the said Act if pleaded; Nor that the said Act, or such parts thereof, as concern the matter aforesaid, can be given in Evidence to a Jury upon tryal of any such Matter or Right to the Lands or Tenements in question be∣tween Party and Party; Which if it had Provided and Enacted, would have been and hereafter would be much to the quiet of the Inhabitants

of this Island. And to the intent and on purpose, that such quiet may hereafter be to the said Inhabitants,

[Clause III] It is Ordained and Enacted by the Deputy Governour, Coun∣cil and Assembly, and by the Authority of the same, That in all such cases, where any Person or Persons whatsoever have lost their Claim to any Lands or Tenements in this Island,* 1.80 That all Persons whatsoever Claiming under any such Person, who have so lost their Claim, shall be utterly barred to all intents and purposes whatsoever; the same to be duly pleaded in Barr,* 1.81 or given in Evidence to a Jury upon the Trayal of any such Right; And that the said Act and Addition thereto, or such Clause or Clauses in them, or either of them, as relate to the matter aforesaid, shall be given in Evidence to a Jury upon tryal as aforesaid, And that all Judges and Courts of the Common Pleas upon such Trials,* 1.82 accept the same as Evidence so far as the same shall concern the said matter in difference.

And whereas it is provided in the said Act, that where a Man and his Wife in this Island, are willing to Alien and sell Lands, which is held in right of the Wife, they appearing before any chief Judge, and acknowledging their Deed, mentioning the same, with intent to pass away the Land, and duly Recorded in the publick Register, shall be effectual to convey the same, as if it had been done in England, by Fine and Recovery: But provideth not, where any Man and his Wife so having Lands in this Island, living in any parts remote, may by any way Convey the same.

[Clause IV] Therefore the Deputy Governour, Council and Assembly, do hereby Enact and Ordain,* 1.83 And it is hereby Ordained and Enacted, That if any Man and his Wife of full Age, or Woman Sole by their Deed of Sale, or any other Instrument sufficient to that intent, if reside∣ing, in England, Scotland or Ireland, or any other His Majesty's Domi∣nions, shall appear before any of His Majesty's Judges of any Court of Law, or Mayor of any City or Corporation, or before the chief Go∣vernour of any Island or Place where they live and inhabit, and shall ac∣knowledge the same; in which Acknowledgement the Woman do de∣clare her voluntary and free Consent, without Threats or Force of her Husband; and the same shall be so sent over, and truly certified under the Seal of the Judge, Mayor, Corporation or Governour, to this Island, and Recorded here at length in the Secretary's Office, within Twelve Months then next after such Acknowledgement, shall be as effectual to convey the Land therein contained, as if the same had been done in this Island, according as in the said Act is provided; any Law, Usage or Custom to the contrary notwithstanding.

Given under my Hand, the 11th Day of August, 1670.

Signed, Christopher Coddrington.

An ACT to give incouragement to all Persons to bring Servants to this Island.* 1.84

N ^o 139. An ACT to prevent Spiriting People off this Island.

[Preamble.] FOrasmuch as several ill disposed People lately gone off this Island, and others yet remaining, have and do by evil Practices, Insinua∣tions and Devices, to and with many Freemen, whose times of Service have been lately expired, as also other Artificers and small Setlers in this Island, inticed, spirited and carried many such hence to other Settlements, by taking them obliged Servants to serve from their Arrival for time, for their bare Transportation, or other small Considerations, promising them great Quantities of Land and other Benefits in such Remote Parts, when as they are no sooner arrived, but are sold and hurried from Place to Place, and become in no other Quality, or little better than Slaves, be∣ing utterly deceived and ruined, and their honest Expectations altogether frustrate, grounded on Promises tending to their Benefit, when as they become Merchandize after long Service already performed; notwith∣standing they may have here a comfortable Living and Gain for easy La∣bour. For the Preventing of such evil Practices for the future,

[Clause I] The Deputy Governour, Council and Representatives of this Island now assembled, do therefore Ordain and Enact, And it is here∣by Ordained and Enacted, That whatsoever Person or Persons shall after Publication hereof, bargain, contract or agree, to carry off this Island, any Person or Persons, to serve for time, be it long, or be it short,* 1.85 in any Place whatsoever for his, her, or their Passage or Transportation or for Debt or Pretence thereof, designing to evade the Penalty here∣after mentioned, wherein any time of Service is to be given as recom∣pence, For every Person so contracted with, he shall be deemed a Trans∣gressor of this Law; and every such Contract or Agreement utterly void.* 1.86 And for every such Offence or Breach, shall forfeit and pay the Sum of Four Thousand Pounds of Muscovadoe Sugar;* 1.87 the one half to him that shall inform for the same, the other half to the use of this Island, to be recovered by Action of Debt, Bill, Plaint or Information, the next Court after the Entry of such Bill, Plaint or Information,* 1.88 if the said Informer desire the same.

Provided always, and it shall be lawful for any Persons going off with a Family, or sending to any other Settlement in his own Right and Interest, to send off any Person thither, not Servant to another, nor him∣self without the Servants own Consent, having first observed the Rule and Practice of Persons going hence, having a Ticket as is accustomed, so as none be sent off as aforesaid for their Passage or any small Debt, wherein Service in another Place is contracted for, or to be the Recom∣pence.

[Clause II] And it is further Enacted, That whosoever shall by himself or any other, send off this Island any Person that hath Wife or Children, and leave his said Wife or Children behind him, who may become chargeable to the Parish where they live, That such Person or Persons so offending,

shall be obliged to keep and maintain them at his or their proper Charge,* 1.89 or else be liable to such Fine or Mulct, as shall be imposed by the Vestry of the Parish where they did then reside. Which Vestry is hereby im∣powered to appoint the said Fine, and to proceed for the same, as in case of Servants Wages: The Fine to be appointed, to be for the use of the Poor of the said Parish.

And in case any Person or Persons whatsoever, shall at any time here∣after, have a Ticket from the Secretary's Office in this Island, to depart hence in any Ship or Vessel, and shall afterwards deliver over the said Ticket to any other, whereby such Person is carried off, when he is not really the same therein named; By means whereof, great Deceits and Damages oftentimes happen to the Inhabitants of this Island.

[Clause III] It is Ordained and Enacted by the Deputy Governour, Council and Representatives of this Island, and by Authority of the same, That whosoever shall receive a Ticket out of the Secretary's Office,* 1.90 and de∣liver it over as aforesaid, so as another Person is carried off, or shall ten∣der the same to any Master of Ship or Vessel to be carried off by virtue of the same; For such his Offence and evil Intention of Hurt and Da∣mage towards the Inhabitants here, and upon Conviction thereof before the Justices of the Peace at their Quarter Sessions, shall be sentenced to stand in the Pillory in some publick Place in the Town of St. Michael's in this Island,* 1.91 Three several Days, with a Paper on his Head in great Letters, declaring the said Deceit, and receive Twenty Lashes on the bare Back; Vnless the Party who first: received the said Ticker, by any Accident or otherwise losing the same, forthwith declare the Loss thereof to some one of his Majesty's Justices, next where the Ship lies, who is hereby required to give notice thereof to the Master of such Ship, to whom the Ticket is directed, or otherwise use all diligence to prevent such Evil as may ensue upon such Loss of the said Ticket.

Given under my Hand the 11th of August, 1670.

Signed, Christopher Coddrington.

N ^o 140. An Additional ACT to the ACT for establishing the Courts of Common Pleas within this Island.

FOrasmuch as by an Act of this Island, intituled, An Act for esta∣blishing the Courts of Common Pleas within the same, Amongst other things, it is thereby Enacted, relating to Executions in the following Words; That if it shall appear to the Judge of the Court, by the Con∣fession of the Party, or the Oath of Two Credible Witnesses, that he (meaning the Defendant) hath made away any of the Cattel, Stock or other Goods, after the same hath been legally Attached; Whereby the Plaintiff is disappointed of his Payment, or some part thereof; Such Person for such his Offence, is by the said Judge immediately to be committed to Prison without Bail or Mainprize. But since the making the said Act, the Clause aforesaid hath been found to be inconvenient, in that if any Persons Goods or Chattels being in Execution, and he making away the same, it is not only inconvenient, but impossible for the Plaintiffs in any Execution, to make proof thereof by Witnesses;

whereby the Plaintiffs are not only retarded from their just Debts, but left without Remedy for obtaining the same. For Remedy where∣of,

The Deputy Governour, Council and Representatives of this Island now assembled, do Ordain and Enact, And it is hereby Ordained and Enacted by, the Deputy Governour, Council and Assembly, and by Au∣thority of the same, That where any Goods or Chattels whatsoever, that are or hereafter shall be legally Attached, and left in the Debtors Hands; and after the Expiration of Eighty Days, if the Marshal shall duly Summon the Debtor or Debtors to bring down the Goods, Wares, Merchandizes so Attached, to the Market, there to be sold according to Law in such Cases made and provided. And in case the same be not brought or sent to the Market accordingly, that in such Cases it shall not be required of the Plaintiff or Plaintiffs to make proof by the Defendants Confession, or by Witnesses, that the Defendants have wilfully made a∣way such things attached: But if the Debtor shall not make it appear to the Judge of the Court of that Precinct from whence the Execution issued, that such things Attached, are without his Default miscarried, It shall be taken for granted,* 1.92 that he or they are guilty of making them away, and the Judge of the said Court is then to proceed, as by the said Act is provided. Any thing to the contrary in any Law notwithstanding.

Given under my Hand, the 18th Day of October, 1670.

Signed, Christopher Coddrington.

N ^o 141. A Repeal of an ACT, Intituled, An ACT to prevent Mul∣tiplicity of Lawyers and Law-Suits.

Obsolete.

N ^o 142. An ACT to prevent abuse of Lawyers, and Multiplicity of Law-Suits.

FOrasmuch as many Complaints have been lately made, that seve∣ral Persons Pleaders at Law in the Courts within this Island, as Council or Attorneys, have been too much exacting in their Fees, to the great Burthen of the Inhabitants of the same. And it oftentimes happeneth, That many of them are retained on one Side in one Cause, so that their Pleadings have been often reiterated, and the Courts much troubled thereby, and more than necessary time spent in hearing such Causes. For Prevention whereof for the future,

[Clause I] Be it Ordained and Enacted, and it is hereby Ordained and En∣acted by the Deputy Governour, Council and Assembly, and by Autho∣rity of the same, That from, and after Publication hereof,* 1.93 no Person whatsoever shall imploy or entertain in any one Cause more than Two Attorneys, upon pain of Two Thousand Pounds of Sugar to be set upon the Party so offending, as a Fine by the Court, where and when the Cause is in trying, and to be committed to the Marshal of the Court for the

present, and then to the Provost Marshal, till he pay the same. And that upon any Bill of Costs,* 1.94 the Court shall tax no more than One Hundred Pounds of Sugar in any plain Cause, and but Two Hundred Pounds of Sugar in any Special Cause for Lawyers Fees. And if the Client be willing to pay Money, it shall not be refused at Twelve Shilling and Six Pence the Hundred Pounds of Sugar.

[Clause III] [Clause II] And be it further Enacted by the Authority aforesaid, That no Attorney refuse to plead any Man's Cause whatsoever,* 1.95 wherein he is not retained against him, upon the tender of such a Fee to him as afore∣said, having respect to his Oath herein after expressed, nor shall direct∣ly nor indirectly take more Fees than before set down,* 1.96 or offend aganist this Act in any particular, upon pain of being debarred for ever plead∣ing more in any Court of this Island. And that all Judges of any of His Majesty's Courts whatsoever within this Land are hereby impowered and required at the next Sitting in their respective Courts, to administer the following Oath to all the Attorneys whatsoever, before they be ad∣mitted to Plead in any Cause whatsoever,* 1.97 as followeth. You shall do no falsehood, nor consent to any to be done in this Court, and if you know of any to be done, you shall give knowledge thereof to the Judge and his Assistants of the said Court, that it may be Reformed: You shall delay no Man for Lucre or Ma∣lice, nor shall increase no Fees, but he contented with, and neither directly or indi∣rectly take more than the set Fees in this Act. You shall plead no Foreign Plea, nor Sue Foreign Suits unlawfully, to hurt any Man, but such as shall stand with the Order of Law and your Conscience. You shall not wittingly nor willingly Sue, nor cause or procure to be Sued, any false Cause nor Suit, nor give Aid or Consent to the same, upon pain of being expulsed this Court for ever. And further, you shall de∣mean your self in the Office of Attorney within this Court according to your Learning and Discretion. So help you God.

Given under my Hand, this 19th Day of October, 1670.

Signed, Christopher Coddrington.

N ^o 143. An ACT for the Retailing of Wines and other Strong Li∣quors to be sold by the Retailers.

Expired.

N ^o 144. An ACT for the Trying all Petty Larcenies at the several Quarter Sessions held within this Island.

[Preamble.] FOrasmuch as there are many Vagrant People in this Island, where∣by small Thefts are daily increased, and the Inhabitants much troubled, and such loose Persons being often taken, are sent to the Goal, and there lye for many Months, and become of great Charge and Trou∣ble, and take much time at the General Sessions. For Prevention whereof for the future,

[Clause I] Be it Ordained and Enacted by the Deputy-Governour, Council and the Representatives now assembled, and by Authority of the same,

That all such Persons that at any time hereafter shall be sent or commit∣ted to the publick Goal for any Theft not exceeding Petty Larceny, That the Person so complaining against them, be bound to appear,* 1.98 and pro∣secute them at the then next Quarter-Sessions to be held for the Town of St. Michaels.

[Clause II] And be it further Ordained and Enacted by the Authority a∣foresaid, That His Majesty's Justices of the Peace of the Parish of St. Mi∣chael's for the future, have hereby full power and authority to Hear, Exa∣mine and Sentence such Offenders to all Intents and Purposes, as if the same were done at the General Sessions and Goal Delivery for this Island; and that the Provost Marshal for the time being, from time to time, car∣ry such Persons to the said Quarter-Sessions, and obey the Warrants and Commands of His Majesty's Justices, in the due Prosecution here∣of.

[Clause III] And be it further Ordained and Enacted, and it is hereby Or∣dained and Enacted, That whatsoever Person or Persons accused for any Crime or Crimes, and having had their Trial, and acquitted or other∣wise discharged from the Fact laid to their Charge, That it shall not be lawful for the Provost Marshal or any other Keeper or Officer what∣soever, to detain him or them for any Fees;* 1.99 but to take One Shilling and Six Pence for the Fees of Turn-Key, and none other.

And all such Persons as shall at any time hereafter be taken for the Offence of Petty Larceny, and finding Bail to appear in another Parish, than the Parish of St. Michaels, Then that His Majesty's Justices pro∣ceed to Try and Sentence the same in their Quarter Sessions according to Law, in the Precincts where they are taken, as fully as is before in this Act set down; any Law, Custom or Usage to the contrary notwith∣standing.

Given under my Hand, the 21st of October, 1670.

Signed, Christopher Coddrington.

N ^o 145. An ACT for the regulating and appointing the Fees of the Se∣cretary of this Island.

[Preamble.] WHereas it hath been taken into serious consideration, the great Burthen the several Inhabitants of this Island, have long sustain∣ed and complained under, by reason of the extraordinary Rates and Prizes unduly exacted, and taken under colour of Fees, contrary to an Act of this Island, by the Secretary in all Offices of Trust where he immediately by himself, Deputy or Servants doth act.

For Remedy whereof for the future, and to the intent all the said several Fees and Demands of the said Secretary in his several Offices may be certainly made known, and all Exactions and unlawful De∣mands by him or his Deputy or Servants be prevented and Punished,

[Clause I] Be it Enacted, Ordained and Established, by the Deputy Go∣vernour, Council and Assembly, and by Authority of the same, That if the Secretary either as Secretary, or as he is capacitated to act in any other Publick Office within this Island, by himself, Deputy, Clerk or

Servants, shall after Publication hereof, receive or take directly or indirect∣ly, either by way of Dispatch or Expedition Money, any other Fee or Fees for any Business hereafter nominated, than is for the same hereafter expressed and annexed thereunto (the same being according to a former Act, and what were taken in the time of Thomas Noell Esquire, then Se∣cretary of this Island, and now granted to John Daws, Esquire, by His Majesty's Letters Patents) under penalty of forfeiting all such publick Of∣fices wherein he shall act within this Island.* 1.100 And whatsoever he or any Secretary, or his or their Deputies for the future, shall take contrary to this Act,* 1.101 shall be proceeded against as Extortioners, as the Law in such Cases hath provided, and for ever after be made incapable of acting in any such Office, or in any Office of publick Trust whatsoever within this Island; the same to be executed upon him or them, upon his or their Conviction,* 1.102 by his or their own Confession, or the Oath of one or more Witnesses before the Governour for the time being, residing within this Island,* 1.103 or any Two of his Majesty's Justices of the Peace, who are here∣by impowered and required to execute the same.

And to the intent all due Order may be herein kept and observed, and that the Inhabitants of this Island may not be ignorant hereof,

[Clause II] Be it further Enacted, Established and Ordained by the Authori∣ty aforesaid, That the Secretary's Fees, and the Fees of the several Of∣fices committed to his Management and Prices of them, according as they are in this Act annexed,* 1.104 set down and expressed, be fairly ingrossed, and hung up in a Table in the Secretary's Office, there constantly to abide, under the Penalty of forfeiting Ten Thousand Pounds of Sugar, the one half to His Majesty, the other half to the Informer; the same to be re∣covered in any Court of Record within this Island.

And whereas there are, and hereafter may be, several things re∣gistred in the Secretary's Office, and several Copies of Writings taken out of the said Office, and several Certificates and other Writings, which by Virtue of the said Offices, may and ought to be taken from thence, which are not in the Schedule hereunto annexed, set down and appoint∣ed.

[Clause III] Be it therefore further Ordained and Enacted by the Autho∣rity aforesaid, That he shall not presume to set a Price upon the same, at his own Pleasure; but shall for the present take so much as the Go∣vernour shall appoint,* 1.105 and no more. Provided the same Price so set, do not exceed One Pound of Sugar per Line, Eight Words in a Line, un∣til the next Sitting of the Assembly. And then the same being con∣firmed or otherwise ascertained by them,* 1.106 be annexed to the rest of the Fees of the respective Offices he acts by, and set up in the publick Table of Fees in the Secretary's Office, under the Penalty of forfeiting his seve∣ral Offices, and Six Months Imprisonment, without Bail or Mainprize, by Conviction as aforesaid.

Given under my Hand the 21st of October, 1670.

Signed, Christopher Coddrington.

The SECRETARY's Fees.

	lb. Sug.	s.	d.
For Recording Deeds and Bills of Sale	20	2	6
For every Bond for an English Ship	40	5	0
For every Ship Bond for a Stranger	80	10	0
For Recording Articles of Agreement and Covenants, 10 Pound of Sugar, or 1 s. 3 d. a Side, with Thirty Lines on a Side, an Inch left for the Margent
For Recording Certificates of Land	10	1	3
For Search of any Record, where the Party doth as∣certain the Year	16	2	0
For every Recognizance	6	0	9
For every Caveat	4	0	6
For every under-writing	2	0	3
For every Ticket	6	0	9
For Drawing a Bond Obligatory	6	0	9
For Drawing a Deposition	10	1	3
For a License for Marriage	50	6	3
For Search for any Record where the time is not ascer∣tained, Ten Pounds of Sugar, or 1 s. 3 d. per Annum for every Year he shall desire to have search made
For Recording Depositions	10	1	3
For every Order of the Governour and Council	10	1	3
For every Letter of Attorney Recording	20	2	6
For every License for keeping a Country Store-house	100	12	6
For every Surveyor's Commission	100	12	6
For every Clerk of the Market for his Commission	100	12	6
For every Protest at the Bridge	50	6	3
For License to draw Drink, not being of the Country growth	100	12	6
For a Writ of Error, and Proceedings upon it at the Council Board	100	12	6
For every Copy of Records given out of the Office at∣tested under the Secretary's Hand, he shall receive for the same, as much as he is allowed by the Act for Recording the same
For a Commission to end Difference	80	10	0
For Recording of Bonds	10	1	3
For Recording Returns of Commissions	20	2	6
For a Bill of Health	40	5	0
For Recording Receipts	4	0	6
For Recording Releases, Discharges and Bills of Loading	10	1	3
For every Ticket wherein is named more than one Per∣son, and being of one Family, or belonging to one Man	12	1	6
For Proving a Will before the Governour	40	5	0
For Recording a Will	20	2	6
For the Probate, or Letters of Executorship	16	2	0
For an Order from the Governour for Letters of Admi∣nistration	40	5	0

For a Bond and Security for it	10	1	3
For Letters of Administration	16	2	0
For a Warrant of Appraisment	8	1	0
For ingrossing the Inventory or Appraisment	16	2	0
For the Copy of a Will	20	2	6
For the Copy of an Inventory	16	2	0
For the Copy of Letters of Administration	16	2	0
For a Copy of a Probate	16	2	0

N ^o 146. An ACT for the Incouragement of the Manufacture of this Island.

Repealed by Act 213.

N ^o 147. An ACT to prohibit bringing Wines to this Island.

Expired.

N ^o 148. An Additional ACT for the further Continuance of the Autho∣rity of Commissioners for the Publick Revenue of this Island.

Expired.

N ^o 149. An ACT for raising an Imposition on Wines and other Strong Liquors imported this Island.

Expired.

N ^o 150. An ACT for Levying Two Hundred Pounds of Sugar on e∣very Copper and Still, &c. within this Island.

Obsolete.

N ^o 151. An ACT impowering James Beeke Esq. to build a publick Wharf in the Town of St. Michaels.

Private Act.

N ^o 152. An ACT for the Continuation of the Imposition on Wines and Strong Liquors imported this Island.

Expired.

N ^o 153. An Additional ACT to the Act for the Levy, &c.

Obsolete.

N ^o 154. An Additional ACT to the Act to prohibit bringing Wines to this Island.

Expired.

N ^o 155. An Additional ACT for the further Continuance of the Au∣thority of the Commissioners for setling the Publick Accounts, &c.

Expired.

N ^o 156. An ACT appointing a Duty to be levied on Liquors imported this Island.

Expired.

N ^o 157. An ACT to prevent Depopulations.

Repealed by Act 338.

N ^o 158. An ACT for the speedy getting in such Sums of Sugar as re∣main due to the Publick by several Levies appointed by se∣veral Acts.

Obsolete.

N ^o 159. An ACT for recovering a Publick Debt from the Estate of Richard Romney, the late Receiver.

Obsolete.

N ^o 160. An ACT for the prevention of Firing Sugar Canes.

IT is hereby Enacted, Published and Declared by the Deputy Go∣vernour, Council and Assembly, and by Authority of the same, That whatsoever Person or Persons shall at any time hereafter wittingly or willingly Burn or set on Fire any Sugar-Cane-Field, or other Place where Sugar-Canes do grow in any Place in this Island, Shall for e∣very such Offence proved before the next Justice of the Peace, receive

by Order of the said Justice,* 1.107 Forty Lashes upon his Naked Back, and be branded in the Forehead with a 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 Canes,* 1.108 for the term of Seven Years: But whosoever shall casually do the same, shall be liable to make Restitution and Satisfaction to the Party damnified, according to the na∣ture and quality of the Damage.

Provided that this Act 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 several Fields of Canes and Pastures have of late been fired accidentally, by carrying Fire, and smoaking Tobacco in Paths, where Canes are planted on either side, to the great Loss and Damage of several the Inhabitants of this Island.

It is therefore hereby Ordained and Enacted by the Authori∣ty aforesaid,* 1.109 that whatsoever 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 Conviction before any Justice of Peace, by the Oath of One or more Witnesses or the Parties own Confession, shall forfeit and pay for every such Offence,* 1.110 Five Hundred Pounds of Mus∣covadoe Sugar, the same to be levied by Warrant of Distress, under the Hand of such Justice of Peace before whom such Proof thereof shall be made, as by the Act in case of Servants Wages is appointed. The said Forfeiture to be put into the Hands of the Church-wardens of the same Parish, where the Offence is committed, and to go and be to the use of the Poor of the same Parish, according as the Vestry of the said Parish shall think fit. And in case the Person so offending as aforesaid, shall not be able to pay the said Forfeiture, such Person or Persons shall then upon Conviction aforesaid, by Order of the said Justice of Peace,* 1.111 have and receive Twenty Lashes upon his bare Back, the same to be executed by the next Constable or his Deputy.

Given under my Hand, this 4th Day of July, 1671.

Signed, Christopher Coddrington.

N ^o 161. An Additional ACT for the further continuance of the Autho∣rity of Commissioners for Setling the Publick Accounts.

Expired.

N ^o 162. An ACT impowering the Free-holders of the Parish of St. George's, to meet and choose a Vestry of the Free-holders in the said Parish.

Obsolete.

N ^o 163. An Additional ACT for preventing the Landing of Prohibited Strong Liquors.

Expired.

N ^o 164. An ACT impowering the Committee of the Publick Accounts of this Island, to appoint Payment to Mr. William Withington, for so much of his Account relating to the Publick Affairs, as the Country hath Benefit by.

Obsolete.

N ^o 165. An ACT to Prohibit the Transporting of Ʋncured Ginger off this Island.

[Clause I] THe Deputy Governour, Council and Assembly of this Island, have for sundry good causes and considerations thought fit to En∣act, And be it Enacted, and it is hereby Ordained and Enacted by the Deputy Governour, Council and Assembly, and by Authority of the same, That no manner of Person or Persons, of what Estate, Degree or Condition soever he or they be, shall after Publication hereof, bring, deliver, send, receive or take, or procure to be brought, delivered,* 1.112 sent or received, into any Ship, Barque, Vessel or other Bottom whatsoever, any uncured Ginger, to be transported off this Island, upon the pain, That every such Person or Persons so offending, contrary to the true intent and meaning of this Act,* 1.113 shall forfeit all such his Ginger so Shipp'd or put on Board, one half to the Governour of this Island resident here, and the other half to the Informer. Complaint and Information there∣of being made to any Two of his Majesty's Justices of the Peace within this Island,* 1.114 the said Justices are hereby impowered and required to issue their Warrant or Warrants, under their Hands and Seals, for appearance of such Offender or Offenders; and upon Conviction and Proof thereof, made by the Oaths of Two or more credible Witnesses, or the Party's own Confession, the said Forfeiture shall be levied by Warrant of Di∣stress, under the Hands and Seals of the said Two Justices, in the same manner and way as is provided in the Act for Servants Wages, the same to be disposed of as aforesaid.

[Clause II] And be it further Enacted by the Authority aforesaid, That every Two such Justices of the Peace in this Island, before whom such Con∣viction shall be made, are hereby authorized and required every Person so convicted as aforesaid, to commit to Prison,* 1.115 there to remain without Bail or Mainprize for the space of One whole Year.

[Clause III] And it is hereby further Enacted by the Authority aforesaid, That every Commander or Master of any Ship,* 1.116 Barque or Vessel now Riding at Anchor in or about this Island, or that shall hereafter come and arrive here, who shall after Publication hereof, take on Board His Ship, Barque or Vessel, any uncured Ginger, contrary to the true intent and meaning of this Act, and being convicted as aforesaid,* 1.117 Shall for such his Offence, forfeit Ten Thousand Pounds of Muscovadoe Sugar, and suffer One Years Imprisonment, without Bayl or Mainprize. The said Forfeiture to be levied by Warrant of Distress, under the Hands and Seals of the said Two Justices of the Peace before whom Conviction thereof shall be made, as in case of Servants Wages is provided and accustomed, and be disposed, the one half to the then resident Gover∣nour

of this Island, and the other half to him or them that shall inform the same.

[Clause IV] And it is hereby likewise Enacted, That whatsoever Master of Ship, Barque or Vessel now in or about this Island, that hath already ta∣ken or received on Board His Ship, Barque or Vessel, any Uncured Gin∣ger, Such Master shall with all convenient speed,* 1.118 bring and land the same on Shoar, at some usual Landing-Place, that the same may be re∣stored to the Owners thereof.

[Clause V] And in case any Commander of any Ship, Barque or Vessel, refu∣sing or neglecting to bring on Shoar such Ginger as aforesaid, and shall transport the same contrary to the true intent and meaning thereof, Then and in such Case,* 1.119 the Commander or Master so offending, returning to this Island, and convicted as aforesaid, shall for such his Offence, stand committed by Warrant, under the Hands and Seals of the Justices before whom such Conviction was made, for the space of One whole Year, without Bail or Mainprize.

[Clause VI] And be it further Enacted and Ordained by the Authority afore∣said, That whatsoever Justice of Peace within this Island, shall refuse, neglect or fail in the Execution of his Duty here by this Act injoyned him, after due Notice, Complaint and Information made before him, of any breach of this Act;* 1.120 That then upon Complaint made by any Person against the said Justice, at the next Quarter Sessions for that Precinct, to the Justices holding the same, the said Justice offending, shall by the said Justices holding the said Sessions, be summoned, and caused to come before them, who shall hear and examine the matter complained of, and upon Conviction and Proof thereof, made by the Oaths of Two credible Witnesses, or the Parties own Confession, the said Justice so offending, shall by the Justices holding the said Sessions, be amerced the Sum of Ten Thousand Pounds of Muscovadoe Sugar,* 1.121 the same to be levied by Warrant of Distress, under the Hands and Seals of the said Justices, as in case of Servants Wages, and be disposed of to the use of the Fortifica∣tions of this Island.

[Clause VII] And be it further Enacted and Ordained by the Authority afore∣said,* 1.122 That the Resident Governour of this Island for the time being, be hereby desired and impowred to appoint and commissionate from time to time, as he shall see cause, a Waiter or Waiters, Searcher or Searchers, who shall be hereby sufficiently impowered to go on Board any Ship, Barque or Vessel riding at Anchor in or about this Island, and there to make search for all such uncured Ginger. And if upon search any such prohibited Ginger be found on Board contrary to this Act, That then the said Waiter or Searcher forthwith may and shall seize the same, and give notice thereof to any Two next Justices of the Peace, that further Proceedings may be made according to the intent and meaning of this Act.

[Clause VIII] And be it further Enacted by the Authority aforesaid, That what∣soever Master of any Ship, Barque or Vessel, shall after Publication here∣of, give Bond into the Secretary's Office, that he shall not unlawfully carry any Person off this Island,* 1.123 It shall be also inserted by the Se∣cretary or his Deputy in the condition of the said Bond, that the said Ma∣ster shall not take on Board his Ship, Barque or Vessel, any such Prohi∣bited Ginger, or do any thing contrary to the true intent and meaning of this Act. And in case any Master of any Ship, Barque or Vessel, shall refuse to sign such Bond, with the aforesaid Clause inserted, he

shall be wholly debarred Trading here, as if he had refused to Sign the said Bond as formerly, until he shall conform according to this Act.

[Clause IX] And it is further Enacted, That the Secretary or his Deputy is hereby required to be very diligent and careful to insert the said Clause in the said Bond, to be Signed by every Master of Ship, Barque or Vessel,* 1.124 upon the Pain and Forfeiture of Ten Thousand Pounds of Muscovadoe Sugar for every Default or Neglect therein, by means of which, any such prohibited Ginger may be transported contrary to the true intent of this Act; the said Forfeiture to be levied in manner aforesaid, for the use of the Fortifications.

Given under my Hand the 15th Day of February, 1671.

Signed, Christopher Coddrington.

N ^o 166. An ACT for the Settlement of the Militia within this Island.

Repealed.

N ^o 167. By the Deputy Governour, Council and Assembly, for the speedy Payment of the late Levy on Coppers and Stills.

Obsolete.

N ^o 168. An ACT for the continuation of an ACT, Intituled, An ACT appointing a Duty on Liquors imported this Island.

Expired.

N ^o 169. An ACT to Repeal an ACT, Intituled, An ACT for the Recovering in a Publick Debt from the Estate of Richard Rumney the late Receiver.

Obsolete.

N ^o 170. An ACT for the Annual Rating of Liquors.

[Preamble.] WHereas it is appointed that there shall be an Excise or Rate upon Liquors, &c. It is therefore Ordained and Enacted by the Deputy Governour, Council and Assembly, That the Governour or Deputy Governour and Council, shall once in every Year, at such time as they shall think meet, set a Rate upon strong Liquors at what Rate they shall pass in Taverns and Drinking Houses, from the Day of the setting the said Rate for One Year.* 1.125 And whosoever shall sell contra∣ry to those Rates, shall forfeit for every such Offence, Three Thousand Pounds of Muscovadoe Sugar, the one half to the publick Use of this

Island, the other half to the Informer, to be recovered in any Court of Record within this Island.

Given under my Hand, the Seventh Day of May, 1672.

Signed, Christopher Coddrington.

N ^o 171. An ACT concerning Forestallers and Ingrossers of Provi∣sions.

[Preamble.] WHereas many Ill Disposed People, in and about this Island, (studying and contriving to work their own Designs for their private Gain, though much against a Publick Good) have lately bought up several great Quantities of Salt, Salt-pork, Beef, Bacon and other need∣ful Provisions brought to this Island, and have sold the same again at greater Prices, than accustomed, or otherwise transported them to other Places, with intent of Gain, which hath proved much to the Damage and Injury of the Inhabitants and People of this Island. For certain Re∣medy and Prevention whereof for the future,

[Clause I] Be it Ordained and Enacted by the Deputy-Governour, Council and Representatives of this Island now assembled, And it is hereby Ordained and Enacted by the Deputy Governour, Council and Represen∣tatives of this Island, and by Authority of the same, That whatsoe∣ver Person or Persons within this Island,* 1.126 shall at any time after pub∣lication hereof, buy or cause to be bought up any Salt, Salt-beef, Pork or Bacon, or other manner of Provisions coming into, or being come into any Port, Harbour or Anchoring-Place, in and about this Island, Aboard any Ship Boat, Barque or Vessel whatsoever, from any part beyond the Seas, to be sold, or shall make any Bargain, Contract, or Promise, for the having or buying of the same, or any part thereof, before the said Victuals and Provisions aforesaid, shall be brought on Shoar and Housed in a Store-house or other Place upon this Island, or shall make any Mo∣tion by Word, Letter or otherwise, to any Person for the Inhauncing the Price, or the dearer selling or withholding thereof from present Sale for further Advantage of Price in Sale;* 1.127 All such Person and Persons shall be thereupon deemed a Forestaller or Forestallers, and shall forfeit and suffer as hereafter is expressed. And whatsoever Person or Persons shall after Publication hereof, by any means procure, obtain, regrate, ingross or get into their Hands, directly or indirectly, by Buying, Con∣tracting or Promise, taken either on Board as abovesaid, or on Shoar af∣ter the Landing of the several Victuals or Provisions aforesaid,* 1.128 to the in∣tent to sell the same at higher Prices, or make Profit thereby, or Transport the same to other Parts or Places, without License from the Governour and Council for the time being, first had and obtained, Shall be deemed and accounted a Regrator or Regrators,* 1.129 Ingrosser or Ingrossers, and thereof be convicted, shall suffer as hereafter is appoint∣ed.

And for that all such Persons so Offending, do become most per∣nicious Enemies to the common good of all Places and People, when they are turning Plenty into Scarcity, for the advantage of their parti∣cular or private Lucre,

[Clause II]

It is Ordained and Enacted by the Deputy Governour, Council and Representatives of this Island now assembled, and by Authority of by same, That all and every the Person or Persons at any time a∣gainst this Act or any part thereof,* 1.130 or in any of the particulars afore re∣cited Offending, and thereof being duly convicted before any Two Justices of the Peace, or at the Quarter or General Sessions of this Island, Who have hereby power, and are hereby respectively by virtue hereof, authorized and required to inquire, hear and determine all and every the Defaults and Offences done contrary to this Act, and every part there∣in, by Inquisition, Presentment, Bill or Information,* 1.131 or by Examination of Two Lawful Witnesses therein, upon Oath, as if a Trial by Twelve Men were thereupon had, for his or their First Offence,* 1.132 shall forfeit all their Provisions so Bought, Transported, Bargained for, or had, and so enhaunced in the Price or Value thereof, and suffer Imprisonment the Space of Three Months without Bayl or Mainprize.* 1.133 And for his or their Second Offence, shall forfeit double the Value of the Goods or Pro∣visions so bought up, Transported, Bargained for, had or enhaunced in the Price, and suffer Imprisonment for the space of Six Months, with∣out Bail or Mainprize. And for his or their Third Offence,* 1.134 shall for∣feit all his Goods and Chattels that he or they have in their own Right, and suffer Imprisonment for the space of Nine Months, without Bail or Mainprize. In all and every of which Forfeitures, the one half of the Provisions or the Value thereof in the first Offence, and the half of the double Value of the Provisions in the Second Offence, and the half of the Goods and Chattels in the Third Offence, shall go to the use of the Complainant, or him that shall inform;* 1.135 and the other half shall be and remain to the publick use of this Island; the same to be levied by War∣rant of the said Two Justices, or of the General or Quarter Sessions in manner of Execution or Attachment, as used in the Courts of Common Pleas. And the several Justices of the Peace in their several Precincts within this Island, are hereby required at their several and respective Quarter Sessions from time to time, to give in charge to the Clerk of the Market for the time being, or his Deputy or Officers, or to any o∣ther Person, for the strict inquiring after, and information of the several Breaches or Offences against the particulars in any kind in this Act men∣tioned and contained.

Given under my Hand, the 7th Day of May, 1672.

Signed, Christopher Coddrington.

N ^o 172. An ACT for laying an Imposition on Wines, and prohibiting Brandy or Distilled Spirits to be imported this Island.

Expired.

N ^o 173. An ACT concerning Persons intended to depart this Island, and the setting up their Names in the Secretary's Office and War∣rants of Arrest.

[Preamble.] FOrasmuch as it hath long been a Law and Custom of this Island, that all Persons whatsoever inhabiting or residing within the same, (except Women Covert and Children under the Age of Fourteen Years) intending to depart hence, have used to put up their Names publickly in the Secretary's Office upon a Table there for that purpose; And after Twenty One Days so past or otherwise, upon entring and giving their sufficient Securities as hath been accustomed in such cases, have a Ticket or License from the Secretary for the time being, Signed by the Resident Governour, hath been a sufficient Warrant for any Master of any Ship or Vessel, to transport them to any other Place. The intent and practice of which Law and Custom hath been, that Persons indebted might not privately go off, But that they might be compelled before their De∣parture, to give Security in the said Office, to pay their just Debts, and answer all other Claims and Demands that might justly be made against them. Which Law and Custom in this kind, hath hitherto by expe∣rience been found of good use and benefit to the Inhabitants and Traders here: But for that the said Act and Law hath not sufficiently provi∣ded for giving Securities in the said Office for Payment of Debts, per∣forming of Contracts and other Agreements at times and days to come, after such putting up their Names: Nor strictly appointed Persons under∣writing, to underwrite for their exact Sums due, or to become due, or other Pretences not really just or true, and other Defects not well or suf∣ficiently provided for by the said Act. For Remedy whereof, and supplying such Defects as are already known,

[Clause I] The Deputy Governour, Council and the Representatives of this Island now assembled, have thought fit to Ordain and Enact, And it is hereby Ordained and Enacted by the Deputy Governour, Council and Representatives of this Island, and by authority of the same, That the present Secretary by himself or his Deputy or Deputies, officiating as Secretary or Deputy here, and all others for the future, shall have and keep publick∣ly in the said Office, a Table for the entering and putting up of all Per∣sons Names intending to depart hence,* 1.136 and to enter thereon their Chri∣stian and Sirnames at large, and in what Parish they reside, and whither intended, and the Day and Year when their Names are so put up. And that the Secretary or his Deputy for the time being, give not, or grant unto any Person or Persons whatsoever, a Ticket or Licence for any to depart hence,* 1.137 Vnless their Names have been first put up as aforesaid, in the said Table in the Secretary's Office, full One and Twenty Days, or otherwise taken good and sufficient Security to answer all Under-writings whatsoever, that are or shall be there entred within One and Twenty Days from the first setting up their Names as aforesaid.

[Clause II] And whatsoever Person or Persons intending so to go off, are not well known to the Secretary or his Deputy for the time being,* 1.138 to have gone by that Name so put up, That in all such cases the Secretary or his Deputy grant out no Ticket to such Person, until he be certified of his or her Name so requiring the Ticket, by a Certificate under the Hand of some

one of His Majesty's Justices of the Peace in this Island, That he or she hath gone, or been known by, or upon the Justices own Knowledge,* 1.139 or the Oath of Two Witnesses well known to the said Justice, and such Certificate to be filed and kept in the said Office for his Warrant therein; and likewise to take Security to answer all Under-writings as is aforesaid, That then and in all such Cases,* 1.140 it shall and may be lawful to and for the Secretary or his Deputy for the time being, to grant out such Ticket first by him to be Signed, as a Sign and Token of his due Per∣formances in his Office in such Cases, according to the true intent and meaning of this Act. And that then the Resident Governour of this Island for the time being, is hereby desired and lawfully authorized to Sign such Ticket for his or her Departure. And such Ticket so Sign∣ed by the Resident Governour and Secretary, or Deputy Secretary chiefly officiating in the said Office, shall and may be a lawful Warrant for any Master of any Ship or Vessel to transport such Person or Persons to any other Place whatsoever, without impeaching any Obligation,* 1.141 Law or Cu∣stom of this Place to the contrary.

Provided always, and it is the true intent and meaning of this Act, That the Clauses before-going, extend not to Women Covert, or Chil∣dren under the Age of Fourteen Years; other than such Women Covert, that trade, use or exercise any Trade as a Sole or Feme Merchant within this Island and not otherwise.

And for the Prevention of the great Mischiefs that many times hap∣pen to Persons going off this Island,* 1.142 through the malice of some evil dis∣posed Persons, upon pretence of Debts or other pretended Claims, make or cause Under-writings to be made against them for great Sums of Su∣gar or other large Demands not really due, or owing, to their great Hurt and Damage.

[Clause III] Be it therefore Ordained and Enacted, and it is hereby Ordained and Enacted by the Authority aforesaid, That whosoever shall under-write any Person or Persons, so having their Names up as aforesaid,* 1.143 shall set forth the Sum or Sums of Money, Sugar, Cotton or other thing that is due and owing, or to be performed so near as may be, and especially, by what means it doth arise, whether by Bill, Bond, Judgment, Account, Promise, Covenant or otherwise howsoever.

And if it be for part of any such Bill, Obligation, Judgment, Ac∣count, Promise, Penalty, or for any other Cause, That then it be,* 1.144 and set forth the remaining Sum or Sums, or near the same, mentioning and setting forth, that it is for Part of such a Bill, Obligation, Judg∣ment, Account, Promise, Covenant or Penalty, containing the First Sum or Sums therein, and the Date or Dates, and Times of the same, So that the Secretary or Person officiating in the said Office as Secretary or Deputy there may know the Value, and take the Security for the Sum so under-written for as aforesaid.* 1.145 And that the Person or Persons so becoming Plaintiff or Plantiffs at Law as aforesaid, may declare for Part, if for Part of any Sum or Sums being, and saying, for Part of the Original Sum, and for his so declaring, shall not be Nonsuited, Abated, Barred or Overruled by any Plea whatsoever; notwithstanding any Practice, Law or Custom to the contrary.

Provided always, and it is the true intent and meaning of this Act, That the Persons so under-writing, file their Action or Actions within One and Twenty Days after the Security be given for their Debts then due, as hath been accustomed: Otherwise the same being pleaded to be a

sufficient Bar to their Action or Actions, and all others for the same Cause for ever, and forfeit Two Thousand Pounds of Muscovadoe Su∣gar, the one half to the Party or Parties so under-written,* 1.146 the other half to the publick use of this Island, to be recovered by Action of Debt at Common Law in the Precincts where the Party or Parties live, except where the Party or Parties Arresting or Under-writing happen to depart this Life within the One and Twenty Days aforesaid.

[Clause IV] And it is further Ordained and Enacted by the Authority a∣foresaid,* 1.147 That it shall and may be lawful for any Person or Persons to under-write any other Person or Persons whatsoever in the said Office, for any Sum or Sums, or Duty whatsoever due, owing or to be per∣formed at any future time, observing the Method for Under-writing as aforesaid. And the Secretary or Deputy Secretary officiating in the said Office, take sufficient Security for the same, before he deliver the Person or Persons so under-written, his, her or their Ticket, upon Pe∣nalty of paying the Debt, Debts or Cause of Action, of such Under-writings to the Parties thereby endamaged.

* 1.148Provided always, that the Person or Persons so under-writing, File their Action or Actions against the Security, within One and Twenty Days next after the Debt or Duties become payable. Otherwise the same being pleaded, to be a sufficient Bar to their Action or Actions, and all others for the same Cause for ever: Any Law, Custom or Practice to the contrary notwithstanding, except in case of Mortality as afore∣said.

And whereas the same Inconveniencies oftentimes happen to Per∣sons liable to Arrests as by Under-writings,

[Clause V] Be it therefore Ordained and Enacted, and it is hereby Ordain∣ed and Enacted by the Authority aforesaid, That whatsoever Person having Ten Acres of Freehold Land within this Island,* 1.149 shall not be li∣able to Arrest, nor any other Inhabitant whatsoever, for any Sum un∣der One Thousand Pounds of Sugar, or Six Pounds Five Shilling in Mo∣ney; but be summoned to answer Suits in the Precincts where they live, according to the Act for Judicial Proceedings; Vnless he hath taken out his Ticket to depart this Island, and not having given in Bond in the Secretary's Office, to answer all Under-writings, that shall be entred against him or her in the Secretary's Office within One and Twenty Days from the first putting up his or their Names. And all Actions ground∣ed on such Arrest, if the Defendant by himself or Attornies plead the same, are to be Nonsuited, and the Plantiff or Plantiffs in such case shall pay treble Costs.

[Clause VI] And whatsoever Person Arresting any other, is to set forth his Cause of Action in the Warrant of Arrest,* 1.150 as in Case of Under-wri∣tings before set down in this Act, upon the like Penalties, as in Cases of Under-writings.

And to the intent that Persons Under-written or Arrested, having Occasions and Affairs requiring their present departure hence, and would be inconvenient for them to stay the Proceedings of the Courts of Com∣mon Pleas, so that a Special Court may be appointed for the determi∣ning the Differences between Party and Party.

[Clause VII] Therefore the Deputy Governour, Council and Assembly, do hereby Ordain and Enact, And it is hereby Ordained and Enacted, That the Governour in Chief, or Deputy Governour for the time being, have hereby full Power and Authority upon Complaint of any Person or

Persons Under-written or Arrested, to grant and issue out a Commission under his Hand and Seal, thereby impowering Five good and able Men,* 1.151 as to him shall seem meet, or any Three of them, whereof One to be a Justice of Peace and of the Quorum, or Two of them Private Justices of the Peace, to be the Judges of a Court, as a Special Court of Com∣mon Pleas intended for Expedition, to try all Causes of Under-writings and Arrests,* 1.152 So as every such Person or Persons under-written in the Secretary's Office as aforesaid, or Arrested for Cause or Causes of Action or Actions then said to be due, as will appear by the said Arrest or Under-writing, shall apply themselves to the said Governour or Deputy Governour desiring such Commission, shall first before him make Oath upon the Holy Evangelists of Almighty God, that he or they are really intended off this Island, and cannot without prejudice to their Affairs, stay the Proceedings of the Courts of Common Pleas, and desire a special Court for speedy Trial of such Differences.

[Clause VIII] Provided always, and it is the true intent and meaning of this Act, for the due Administration of Justice, That all and every such Persons to be made Commissioners and Judges as aforesaid,* 1.153 shall be sworn to do equal Right between Party and Party, as the Judges and Assistants of the Courts of Common Pleas be, to all Intents and Purposes whatsoever. Then they the said Judges, or any Three of them qualified as aforesaid, are hereby required and authorized,* 1.154 to issue out a Smmons under their Hands and Seals directed, to the said Under-writer or Person Arresting, to appear before them at a certain time and place to be appointed by the Commissioners, and file his Action before them, so as the same may be determined without delay; And to appoint the Marshal and Clerk of the Court of Common Pleas for the Precincts where the Commissioners shall sit, to be their Clerk and Marshal; who are hereby required to perform the Duty of their respective Places accordingly, and to issue out their Pre∣cept to the said Marshal, to Summon a Jury to appear,* 1.155 as they shall ap∣point by the said Precept, and to act and do in all things for the speedy determining the Differences in question, in as large, full and ample man∣ner, to all intents and purposes whatsoever, as the Courts of Common Pleas in this Island, do and are impowered. And in case the Verdict pass for the Plaintiff or Plaintiffs, then forthwith to enter Judgment,* 1.156 and issue out Execution for immediate Satisfaction, by Appraisment of Three lawful Freeholders of the Precincts where the matter in difference shall be tried, or otherwise by imprisoning the Body till Satisfaction, in case no Effects be shewed to satisfy the same.

[Clause IX] And be it further Enacted and Ordained by the Authority afore∣said, That if the Person so Under-writing or Arresting, appear not,* 1.157 be∣ing duly Summoned in Person, or Summons left at his most usual Place of Abode, Forty Eight Hours at the least, before the setting of the said Court, to prosecute and make good his Under-writing or Arresting as afore∣said, Or upon tryal of the issue or other Proceedings at the said Court, that there was no just Cause or Ground for such Arrest or Under-writing, Or upon Trial had, not the Major part of the Debt or Sum under-writ∣ten or arrested for, be found to be due, or shall be judged by the said Court, the same Arrest or Under-writing, to be done of Malice, or with vexatious intent of Prejudice and Trouble to the Party or Parties so Un∣der-written or Arrested, In all such Cases, the Jury shall give Ver∣dict for the Defendant, and Judgment be entred thereon for the Party or Parties so Arrested or Under-written, against the Party or Parties Ar∣resting

or Under-writing,* 1.158 to pay the Treble Damages which shall be made out to the Court, he, she or they have sustained, with double Costs likewise to the Party so injured, to be had by Execution and Apprais∣ment, as in the case aforesaid, wherein any Party or Parties Under wri∣ting or Arresting as aforesaid shall recover; and likewise be awarded by the said Court to pay Two Thousand Pounds of Muscovadoe Sugar to the Treasurer for the time being, for the publick use of this Island, and stand committed by the Court till he pay the same. And in case any Per∣son or Persons Under-writing or Arresting, being summoned as aforesaid, shall refuse or neglect to appear to make good his or their Arresting or Under-writing, whereby his or their Action or Actions upon the said Un∣der-writing or Arrest come not to Tryal by a Jury, but be Nonsuit, or upon Under-writings doth not duly file his Action; Then and in all such Cases, the said Judges shall proceed to award and give Judgment for all Costs and Damages, as to them shall seem meet, together with the For∣feitures and Penalties before in this Act provided, in as full and ample manner to all Intents and Purposes whatsoever, as if the said Action had been tried by a Jury, and Verdict by them given thereupon: And such Verdicts and Judgements to be a perpetual Bar to such pretended Cause or Causes of Action for ever.

[Clause X] And be it further Ordained and Enacted by the Authority afore∣said, That the Marshals Fees for Summoning the Jury,* 1.159 and attending there on the sitting of the Court, exceed not Five Hundred Pounds of Muscovadoe Sugar, and the Clerks Fees for issuing the Precept, receiving the Action, Plea, Judgment and Execution from the Court, Two Hun∣dred Pounds of Sugar; and for Filing the Record in the Office of the Common Pleas, Fifty Pounds of Sugar.

[Clause XI] And it is hereby further Ordained and Enacted by the Au∣thority aforesaid, That as the Proceedings prove before the said Judges upon such Trials,* 1.160 they certify the same to the Secretary, so as he may give or refuse a Ticket; and also to the Provost Marshal, that the Person or Persons in Custody, may be released or detained accordingly. Provided always, That in case the cause of Under-writing or Arresting, be not made good upon Trial or by Non-appearance,* 1.161 That then the Under-writing in the Secretaries Office be forthwith made null and void, as if the same had never been made or done.

* 1.162And whatsoever Person or Persons at whose Suit any shall be Ar∣rested, do not within Three Days after serving the said Arrest, File his Action against the Defendant, at the Office belonging to the Court where the Writ is returnable, That then a Certificate taken out from the Clerk signifying the same, shall be a sufficient Cause to take up the Bayl Bond, and discharge the Party or Parties out of Prison, and no Action to be filed or received thereafter upon that Arrest;* 1.163 and shall forfeit to the Party or Parties Arrested, the Sum of Three Thousand Pounds of Muscovadoe Sugar, to be recovered by Action of Debt in any Court of Common Pleas in this Island. And where any Person or Persons having any Cause of Action or Actions against any other Person or Persons whatso∣ever, which lye only in Damages and not in certainty, then it shall and may be lawful to under-write for a Sum in gross, as the case may re∣quire, and not be liable to the former Rules before-mentioned in this Act.

And for that the taking and valuing of Securities upon all Cases of Under-writings,* 1.164 lye in the Breast of the Secretary or his Deputy officiate∣ing here; and the like upon Arrests in the power of the Provost Mar∣shal or his Deputy officiating likewise; so that the Persons Under-writing and Arresting, are bound up by their respective Wills in such Cases; so that they may if evilly intended, take insufficient Securities, and thereby endamage the Inhabitants of this Place. Therefore,

[Clause XIII] It is hereby Ordained and Enacted by the Authority aforesaid, That in all Under-writings and Arrests for any Sum of Money above Two Hundred Pounds Sterling,* 1.165 or Thirty Two Thousand Pounds of Sugar; that the Security tendred in all such Cases, be approved of by the Governour and Council for the time being, or the major part of them; any Law, Usage or Practice to the contrary notwithstanding.

And for that it hath often happened, That Persons Defendants upon Arrests, appeared not the first Court, but made Default, Whereby the Bail Bond became forfeited, and the Persons Plaintiffs in such Suits, have been driven to sue the Securities in other Precincts, than where the War∣rant of Arrest was returnable, and by a fresh Suit thereon, and Appeal upon the Recovery, no effects came to such Plaintiff in any reasonable time. For Remedy therein,

[Clause XIV] It is hereby further Ordained and Enacted by the Authority aforesaid, That where the Defendant or Defandants upon any Arrest, ap∣pear not at the said Court being called, but make Default,* 1.166 That then the same Proceedings be had against him or them, Defendant or Defen∣dants aforesaid, as is used in the Courts of Common Pleas, upon Nihil dicit, and Judgment be entred thereupon, and Execution issue. And in case Effects of the principal Defendant cannot be found, nor his Body return'd to the Prison, then Judgment to be entred,* 1.167 and Execution to issue against the Security or Securities (they being first Summoned to shew Cause against the same, if they have any) the said Execution to be levied, and Appraisment, Sales and other Matters whatsoever, by the Marshal of that Court, where Judgment shall be given, as in other Cases; with all Penal∣ties thereon insuing from such Court, to all Intents and Purposes whatso∣ever, notwithstanding the Security or Securities live in any other Pre∣cincts: Any Law, Usage or Practice to the contrary notwithstand∣ing.

[Clause XV] And it is hereby further Ordained and Enacted by the Au∣thority aforesaid, That the Secetary or his Deputy for the time being, take no more Fees for Under-writings,* 1.168 Tickets or other Matters herein mentioned, than hath been accustomed and is appointed and provided for by a late Act of this Island.* 1.169 And if he or they shall neglect and not perform all things in this Act appointed to be done on his or his De∣puty's part, and by all Persons in relation to the said Office contained in this Act, shall forfeit and pay all Damages and Costs whatsoever, to all Persons wronged or prejudiced thereby.

[Clause XVI] And whatsoever Person or Persons shall use any indirect Means by getting any Ticket or Hand to any Ticket,* 1.170 otherwise than from the Secretary's Office, in due manner foresaid, shall pay and satisfy all Costs and Damages whatsoever to the Persons grieved or injured thereby. And whatsoever Person shall be Convicted by the Oath of Two Witnesses,* 1.171 or his own Confession, before any Justice of Peace in this Island, for assigning, giving or delivering any Ticket Lawfully or Unlawfully taken out from the Secretary's Office (so as some other Person or Persons

are carryed off this Island) shall find good Securities to appear and an∣swer the Fact at the then next General Sessions, and be liable to pay and answer all Costs and Damages occasioned to any Person or Per∣sons hereby.

[Clause XVII] And in case any Master or Owner of any Servant or Servants, Slave or Slaves,* 1.172 shall have occasion to Transport such Servants or Slaves from this Island, That then and in such case, the Master or Owner of such Ser∣vant or Slave, shall have and obtain from the Resident Governour, or Deputy Governour for the time being, of this Island, a Ticket for such their Transportation. Which Ticket shall comprize the whole number and Names of such Servants or Slaves, of the Master or Owner afore∣said; for which Ticket the Owner to pay Ten Pounds of Sugar.

Provided always, the Master or Owner of such Servant or Slave shall before some one of His Majesty's Justices of the Peace, prove upon the Oath of some one credible Person well known to the Justice,* 1.173 or his or her own Oath, that the said respective Servant or Slave is at that time the proper Estate of that Person, upon Certificate of which taken in man∣ner as aforesaid, the said Ticket to be granted.

[Clause XVIII] And whatsover Person or Persons within this Island, intended to de∣part the same, who have set up his or her Name in the Secretary's Of∣fice, and shall be under-written by any Person or Persons, for any Debt under One Thousand Pounds of Muscovadoe Sugar,* 1.174 or Six Pounds Five Shillings Sterling, the same shall be heard and determined by any of His Majesty's Justices of the Peace to whom Complaint thereof shall be made in the same manner and way, as by the Act for Servants Wages is pro∣vided and appointed.

[Clause XIX] Repeal of the former Law. And it is hereby further Ordained and Enacted by the Au∣thority aforesaid, That a former Law of this Island heretofore made, In∣tituled, An Act concerning Persons intended to depart this Island, and the setting up their Names in the Secretary's Office, and Warrants of Arrests, and all things therein contained, be and is hereby Repealed and made void for the future, to all Intents and Purposes whatsoever. Provided this Re∣peal extend not to any Person now in Custody, or liable to any Judg∣ment, Execution or Precept, by Virtue of the last mentioned Act; any thing in this Law to the contrary notwithstanding.

Given under my Hand, the 9th Day of May, 1672.

Signed, Christopher Coddrington.

N ^o 174. An ACT to Repeal several Acts relating to the Prohibiting the Importation of Wines and other Liquors into this Island.

Obsolete.

N ^o 175. An ACT appointing a Duty to be levied on Wines and other Strong Liquors Imported this Island.

Expired.

An ACT to prohibit the Importation of Brandy or other Di∣stilled Spirits in this Island.* 1.175

N ^o 177. An Additional ACT for the further continuance of the Au∣thority of the Commissioners, for setling the Publick Ac∣counts.

Expired.

N ^o 178. A Declarative ACT upon the ACT making Negroes Real Estate.

[Preamble.] WHereas by an Act of this Island bearing Date the Twenty Ninth Day of April, One Thousand, Six Hundred, Sixty-Eight, It is Enacted and Ordained, That Negroes shall be deemed Real Estate and not Chattels.

[Clause I] Be it Declared by His Excellency, Council and the Representatives of this Island now assembled, And it is hereby Declared, That by the true meaning of that Act,* 1.176 Negroes may be sued for and recovered by Action Personal, as they usually were before the making the said Act. And also that by the true meaning of the Act aforesaid, Negroes con∣tinue Chattels for the payment of Debts.* 1.177

[Clause II] And be it further Enacted, and it is the true intent and meaning of this Act, That Negroes shall be taken and deemed real Estate,* 1.178 to all other Intents and Purposes whatsoever; except what before excepted.* 1.179

Given under my Hand, the 29th Day of January, 1672.

Signed, William Willoughby.

N ^o 179. An Additional ACT for the further Continuance of the Autho∣rity of the Commissioners for setling the Publick Accounts.

Expired.

N ^o 180. A Repeal of an ACT, Intituled, An ACT to Prohibit the Importation of Brandy or other Distilled Spirits to this Island.

Expired.

N ^o 181. An ACT appointing a Duty upon Brandy and other Distilled Liquors.

Expired.

N ^o 182. An ACT for laying an Imposition on Wines and other Li∣quors Imported this Island.

Expired.

N ^o 183. An ACT for the Continuation of an ACT, Intituled, An ACT for laying an Imposition on Wines and other Strong Li∣quors Imported this Island.

Expired.

N ^o 184. An Additional ACT for the further continuance of the Autho∣rity of the Commissioners for setling the Publick Accounts.

Expired.

* 1.180An Additional ACT concerning the detaining of Negroes.

N ^o 186. An ACT for Collecting the Arrears of divers Levies for Repair of the Fortifications.

Obsolete.

N ^o 187. An ACT to confirm the Lease of Fontabell, unto His Ex∣cellency Sir Jonathan Atkins, Knight, Governour of this Island, &c.

Expired.

N ^o 188. An ACT for taking off the Eighty Days after Execution, for future Contracts.

[Preamble.] FOrasmuch as by a Law of this Island, Intituled, An Act for Esta∣blishing the Courts of Common Pleas within this Island, declaring the Me∣thod of Proceedings to Judgments and Executions, and the manner of Proceedings afterwards; and for that amongst other things, It is En∣acted, That upon all Executions to be levied upon Lands, Goods or Chattels whatsoever, no Prosecution should be thereupon had for Eighty Days then next after Execution as aforesaid; Which said continuance or delay of the said Eighty Days, is found to be inconvenient, and not of any benefit or advantage to Trader or Planter, as was supposed or intended by the said Act.

[Clause I]

Be it therefore Ordained and Enacted by his Excellency Sir Jo∣nathan Atkins, Knight, Captain General and Chief Governour of this and other the Charibbee-Islands, the Council and Representatives of this Island now assembled, And it is hereby Ordained and Enacted by Authority of the same, That upon all Executions hereafter issuing upon any Judgment or Judgments whatsoever, grounded upon any Debts, Contract or Agree∣ment of what Nature or Quality soever, made or contracted after Pub∣lication of this present Act, and not otherwise howsoever; It shall and may be lawful for the respective Judges of the respective Courts of Common Pleas, and their respective Marshals and their Deputies.* 1.181 And they are hereby required to proceed upon all Executions to Appraisments or Out-crys, as hath been accustomed, not having regard to the Eighty Days: For that the said Eighty Days are hereby taken off,* 1.182 and by this Act declared to be void and taken off, to all Intents and Purposes whatsoever, for all future Executions grounded upon all future Debts and Contracts in manner aforesaid.

[Preamble.] And whereas it hath been taken into consideration a great Mischief sometimes practised by Debtors to shew their Wind-mills, Cattel-mills and other Houses, and other things intire in Execution to their Creditors; when as such Mills, Houses, Buildings and other intire things are of far greater value than the Debt upon Execution. So as the Creditors have been forced to take the same upon intire Appraisment, and lay down the Overplus or otherwise be unsatisfied. For Remedy whereof,

[Clause II] Be it Ordained and Enacted by the Authority aforesaid, that in all such Cases, it shall and may be lawful for the Marshals of the re∣spective Courts, and Constables for Labour, and Servants Wages or Pro∣visions; And they are hereby respectively required to Attach any Part or Parcel of any Wind-mills, Mill-house or any Buildings or other things intire whatsoever, for or towards satisfaction of any Debt whatsoever, and the same so Attached to appraise and deliver in severalty; any Law, Usage or Practice to the contrary notwithstanding.

Read and pass'd the Council, and consented to by his Excellency, this 25th of March, 1675.

Read and pass'd the Assembly, Ne∣mine contradicente, the 25th of March, 1675.

• Edwin Stede, Deputy Secretary.
• John Higginbothom, Clerk of the Assembly.

N ^o 189. An ACT for laying an Imposition on Wines and other Liquors Imported this Island.

Expired.

N ^o 190. An ACT reviving and continuing the Authority of Commissio∣ners for setling the Publick Accounts.

Expired.

N ^o 191. An ACT for Regulating the Gage of Sugar Cask.

[Preamble.] WHereas his most Gracious Majesty hath by his Letter under the Privy Seal, Dated the Two and Twentieth of August last, sig∣nifyed to his Excellency Sir Jonathan Atkins, Knight, Captain Gene∣ral and Chief Governour of this and other the Charibbee-Islands, That the Farmers of the Revenue of Four and an Half per Cent. of all the dead Commodities of the Growth and Product of this Island, have Complained that they have wrong done them in the largeness of the Cask entred at His Custom-House, That therefore, Cask may be in the future reduced to a certain Standard and Gage, and that His Ma∣jesty may not suffer the least Loss or Prejudice in the Entries made at his Custom-House, or that any colour may be left to his Farmers to make any Complaint thereon, or to press for, or continue longer the weighing the Cask entred contrary to Law, to the Method setled by his former Governours, and the practice of the Island to this Day, and to the insupportable trouble of the Inhabitants, and ruinous delay of Shipping trading hither.

[Clause I] Be it therefore Enacted by His said Excellency, Sir Jonathan Atkins, Knight, Captain General and Chief Governour of this and other the Cha∣ribbee-Islands, the Council and Representatives of this Island now assembled, and by Authority of the same,* 1.183 That the Dimension of a Butt shall be in length Fifty Two Inches, in the Bulge Thirty Five Inches, in the Head Twenty Nine Inches; a Puncheon in length Forty Four Inches, in the Bulge Thirty Two Inches, in the Head Twenty Eight Inches; a Hogshead in length Thirty Seven Inches, in depth in the Bulge Thirty One Inches, and in the Head Twenty Seven Inches; Which Dimensions of Cask are the same and of like Gage with such Cask as were generally made use of and entred in his Majesty's Custom-houses in the time of the Government of the Lord Francis Willoughby, who in pursuance of the appointment made in the said Act, setled and established the Method and Rules for Entries to be made in His Majesty's Custom-house here.

[Clause II] And be it further Enacted by the Authority aforesaid, That whom∣soever shall make any Entries of Sugars at His Majesty's Custom-house here, after the Publication hereof in Cask larger than is above limitted and exprest, and cause the said Cask to be water-born in order to their Shipping, not having first declared the same upon their Entry at the Cu∣stom-house, and given Satisfaction thereon, and have Permits according to the Rules of the Custom-house,* 1.184 shall forfeit to the uses, and to be re∣covered in the same manner, as by the Act of Four and a half per Cent. is directed, all such Cask exceeding the Dimensions aforesaid, together with the Sugar therein contained. And it shall be lawful for any of His Majesty's Officers of his Custom-House, or such as are imployed by his Farmers to make Seizure of all such Cask as aforesaid.

Read, and pass'd the Council, and consented to by his Excellency, this 15th of April, 1675.

Read, and pass'd the Assembly, Ne∣mine contradicente, April the 15th, 1675.

• Edwin Stede, Deputy Secretary.
• John Higginbothom, Cl. of the Assemb.

N ^o 192. An ACT for reviving and continuing the authority of Com∣missioners for setling the Publick Account.

Expired.

N ^o 193. An ACT for the settlement of the Militia of this Island.

Repealed.

N ^o 194. An ACT for laying an Imposition on Wines and other Liquors imported this Island.

Expired.

N ^o 195. An ACT for allowance of a Second free Entry for the dead Production of this Island lost or taken, relating to the Four and a half per Cent.

[Preamble.] WHereas since the passing the grant of Four and a half per Cent. of all the dead Productions of this Island, Ship'd off to any Port, several Losses have been sustained by the Merchants and other Freightors of Merchandize transported from this Island, by Enemies, and the Perils of the Seas in and out of Harbour; For which the said Merchants and Freightors used to have allowance to enter again in the Custom-House of this Island the like quantity of Goods as those perished, for which the Duty had been paid or agreed for (the said Practice continuing in the Two Governours time next after the said Act, pursuant to the common Usage of all Ports, as also to the express Provision of the Act of Ton∣nage and Poundage made the Twelfth Year of His Majesty's Reign.) Which said allowance hath been lately denied by the Commissioners of the said Custom-house to several the Inhabitants of this Island, since the late Farm of the said Duty to the present Farmers, to the great injury and discouragement of the said Inhabitants.

Whereof the Governour, Council and Assembly of this Island, ta∣king due notice and no ways doubting the good will and favour of His Majesty, in reference to the Premises, especially considering the same is according to the Pattern of the said Act of Parliament made in England, Do Enact and Declare,

And be it Enacted and Declared by the Governour, Council and Assembly aforesaid, and by Authority of the same, That whatsoever Goods liable to pay the said Duty, for which the same shall be paid or agreed for, shall be cast away, or taken by Enemies or Pirates, after the same have been water-borne, or Ship'd in any Ship or Vessel designed to be transported from this Island, from the First Day of December next, and so from thenceforth for ever, the like quantity of Goods may be again Ship'd Custom-free, upon such Proof made before the Governour of this Island, or the Commissioners aforesaid for the time being, or any of

them in such manner as is appointed by the Act of Tonnage and Poun∣dage.

Read and pass'd the Council, and consented to by His Excellency, this 25th of November, 1675.

Read and pass'd the Assembly, Ne∣mine contradicente, this 25th of No∣vember, 1675.

• Edwin Stede, Deputy Secretary.
• John Higginbothom, Cl. of the Assemb.

N ^o 196. An ACT for reviving and continuing the Authority of Com∣missioners, for setling the Publick Accounts.

Expired.

N ^o 197. An ACT for reviving and continuing an ACT, Intituled, An ACT for laying an Imposition on Wines and other Li∣quors imported this Island.

Expired.

N ^o 198. An ACT to prevent People called Quakers, from bringing Negroes to their Meeting.

[Preamble.] WHereas of late many Negroes have been suffered to remain at the Meeting of Quakers as hearers of their Doctrine, and taught in their Principles; whereby the safety of this Island may be much ha∣zarded;

[Clause I] Be it therefore Enacted by His Excellency Sir Jonathan Atkins, Knight, Captain General, and Chief Governour of this and other the Cha∣ribbee-Islands, the Council and Representatives of this Island, And it is hereby Enacted by the Authority aforesaid, That if at any time or times after Publication hereof, any Negro or Negroes be found with the said People called Quakers; at any of their Meetings, and as Hearers of their Preachings,* 1.185 That such Negro or Negroes shall be forfeited, that is to say, one half to the Party or Parties, that shall seize or sue for such Ne∣gro or Negroes, if the Negro or Negroes belong to any of the said People called Quakers,* 1.186 and the other Moyety to the publick use of the said Island.

Provided, That if the said Negro or Negroes be seized, that the Par∣ty or Parties so seizing,* 1.187 shall bring an Action within Three Months, grounded upon this Statute against the Owner or supposed Owner of the said Negro or Negroes in any Court of Common Pleas within this Island, at the Choice of the Informer. And in all Suits upon this Statute, the Defendant or Defendants therein having Ten Days Summons, as is used at the Courts of Common Pleas, at the first Court after Summons shall appear,* 1.188 plead and come to Trial, or the Court to give Judgment on such Action or Actions by Nihil Dicit, and upon all Judgments on every Ac∣tion grounded on this Statute, Execution immediately to issue.

[Clause II]

And it is further Enacted by the Authority aforesaid, That if such Negro or Negroes being at the Meetings aforesaid, and doth not be∣long to any of the Persons present at the same Meeting, then may any Person or Persons bring an Action grounded upon this Statute against any of the Persons present at the said Meetings at the Election of the In∣former,* 1.189 for the Sum of Ten Pounds Sterling for every Negro and Ne∣groes so present as aforesaid, and shall recover Ten Pounds Sterling for every such Negro and Negroes, to be divided in the manner before ex∣pressed; on which Action or Actions there shall be such Proceedings as is before appointed.

[Clause III] And it is further Enacted by the Authority aforesaid, That no Person or Persons whatsoever, shall keep any School or Schools to instruct any Child or Children in any Learning,* 1.190 unless such Person or Persons in one Month after Publication hereof, first take the Oath of Allegiance and Supremacy before some Justice of the Peace of the Parish where such Person lives, and have a Certificate thereof; For which Certificate the Justices Clerk only to take for the Writing one Shilling Sterling; or that the Party have special License from the Governour for the time being of this Island.* 1.191

And if any Person or Persons keep any School or Schools contrary to the true intent and meaning of this Act, shall for such Offence suffer Three Months Imprisonment, without Bail or Mainprize,* 1.192 and shall for∣feit Three Thousand Pounds of Muscovadoe Sugar, the one Moyety to the Informer, the other to the publick use of this Island, to be sued for, and recovered as aforesaid.

[Clause IV] And it is further Enacted by the Authority aforesaid, That no Per∣son or Persons whatsoever,* 1.193 That is not an Inhabitant and Resident of this Island, and hath been so for the space of Twelve Months together, shall hereafter publickly Discourse or Preach at the Meeting of the Quakers, upon the Penalty of suffering Six Months Imprisonment, without Bail or Main∣prize, and shall forfeit Ten Thousand Pounds of Muscovadoe Sugar, the one Moyety to such Person as shall sue for the same, the other to the publick use of this Island, to be recovered in manner aforesaid; Pro∣vided that all Action or Actions upon this Statute be brought within Six Months next after the Offence.

Read, and pass'd the Council, and consented to by his Excellency, the 21st of April, 1676.

Read and pass'd the Assembly, Ne∣mine contradicente, the 19th of A∣pril, 1676.

• Edwin Stede, Deputy Secretary.
• John Higginbothom, Cl. of the Assemb.

N ^o 199. A Supplemental ACT to a former ACT, Intituled, An ACT for the better ordering and governing of Negroes.

Expired.

N ^o 200. An ACT for binding out of Apprentices.

Expired.

N ^o 201. An ACT for the Explanation to the ACT of Negroes, and to prohibit the bringing of Indians to this Island.

Expired.

N ^o 202. An ACT to prevent Frauds and Concealments in the Payment of the Excise of this Island.

Expired.

N ^o 203. An ACT for the better enabling the Executors of William Plumley, Deceased, to sell his Estate for the Payment of his Debts.

Obsolete.

N ^o 204. An ACT for reviving and continuing the Authority of Com∣missioners for setling the publick Accounts.

Expired.

N ^o 205. An ACT appointing Satisfaction to the Owners of such Ne∣groes as have lately suffered Death for their Rebellion.

Obsolete.

N ^o 206. An ACT for reviving and continuing an ACT, Intituled, An ACT for laying an Imposition on Wines and other Li∣quors Imported this Island; and another ACT, Intituled, An ACT to prevent Fraud and Concealments in the Payment of the Excise of this Island.

Expired.

N ^o 207. An ACT to prevent the Inconveniences upon the Inhabitants of this Island, by Forestallers, Ingrossers and Regrators.

INasmuch as a few Persons of late Years, by feigned Bills of Load∣ing, and by other Crafts and Engines, have forestalled the Market, and ingrossed into their Possessions and Disposal, most of the Beef, Pork, Fish, Salt and other dead Victuals brought to this Island. For Remedy whereof,

[Clause I] Be it Enacted by His Excellency, Sir Jonathan Atkins, Knight, Captain General and Chief Governour of this and other the Charibbee-Islands,

the Council and Assembly of this Island, And it is Enacted by the Authority aforesaid, That no Person or Persons whatsoever, after Pub∣lication hereof, shall sell, barter or dispose of any Beef, Pork, Fish, Salt or other dead Victuals or Provision that shall at any time or times after the Date hereof, be brought to this Island, or any Harbour,* 1.194 Port or Creek thereof, before such time as he or they who selleth or disposeth thereof, or offereth the same to Sale, maketh Oath on the Holy Evan∣gelists, That such Beef, Pork, Fish, Salt or other dead Victuals or Pro∣vision, was really and bona fide consigned and sent by Bill of Loading from some Foreign Part beyond the Seas, to him or them in this Island, that so selleth or offereth the same to Sale; or that he or they who dis∣posed of the same, or offereth the same to Sale, did themselves bring such Beef, Pork, Fish, Salt or other dead Victuals as aforesaid, without any manner of Craft or Equivocation whatsoever to this Island, from some part beyond the Seas; which Oath to be taken before the next Ju∣stice of the Peace to the Place where such Ship or Vessel shall arrive and unload; who is to Record such Oath, and give a Certificate thereof with∣out any Reward. And whatsoever Person or Persons shall offend con∣trary to the tenour of this Act, shall be deemed and adjudged a Fore∣staller, and shall suffer such Penalties as in this Act hereafter is expres∣sed.

And for that there is no better means to deter the wickedness of Of∣fenders, than by the Severity of Punishment,

[Clause II] It is hereby further Enacted by the Authority aforesaid, That every Person or Persons by an Act made in the Fifth Year of the Reign of our late dread Sovereign Edward the Sixth King of England, &c. described to be a Forestaller, Ingrosser or Regrator, shall be in this Island deemed and judged such an Offender; and every Person and Persons complain∣ed of, or informed against to be a Forestaller, Ingrosser or Regrator by the said Statute of England, or by this or any other Statute of this Island, such Person or Persons shall be bound to appear at the Election of the Informer either to the General or any Quarter Sessions of this Island,* 1.195 in the Sum of Fifty Pounds Sterling, with Sureties in Twenty Pounds Ster∣ling each. And if at the General or Quarter Sessions, such Person or Persons be found guilty of any the said Offences,* 1.196 for the first Offence such Person or Persons shall forfeit the Sum of Thirty Pounds Sterling; for the Second Offence he or they shall forfeit Sixty Pounds Sterling;* 1.197 and for the Third Offence shall be set on the Pillory, and there stand for the space of Two whole Hours, and also shall forfeit all the Goods and Chattels that he or they at the time of the Offence shall hold in their own Right; the one Moyety of all which Forfeitures to be to the In∣former, or he or they that sueth for the same, and the other Moyety to the publick use of this Island. And further,* 1.198 it shall and may be law∣ful, to and for every Informer or Informers, for any the Offences afore∣said, to sue for any the said Forfeitures in the Court of Common Pleas held for the Precincts of St. Michael's in this Island. In which Suit, there shall be such Proceedings as by the Act of Excise of this Island is ap∣pointed; in which also no Protection, Essoign or Wager of Law shall be allowed: And every Offence against this or any other Statute against Forestallers,* 1.199 &c. shall be deemed and taken as a Nusance against the weal publick of this Island.

Provided nevertheless, That none shall be twice punished for one Offence,* 1.200 or that this Act or any thing therein contained, do and shall not extend to the Hucksters or Market People in this Island, who sell out Salt, Victuals and Provisions by small Quantities in the Market Towns of this Island only.

Provided also, That it shall and may be lawful, to and for any Person or Persons who are to make Oath by this Act, and their Perswa∣sions will not give him or them leave so to do,* 1.201 to produce a sufficient Witness to testify the tenor of the Oath in this Act appointed, so as such Oath be taken and recorded as aforesaid.

[Clause III] And it is further Enacted by the Authority aforesaid, That no Person or Persons whatsoever, after any Beef, Pork, Fish, Salt or other dead Victual or Provisions is brought on Shoar, or into any Harbour, Road or Creek of any part of this Island, shall buy and carry off the same or any part thereof, into any Ship, Sloop, Boat or other Vessel, with an apparent intent to Transport the same from this Island,* 1.202 Vpon the Penalty, Loss and Forfeiture of the Ship, Sloop, Boat or other Ves∣sel, with all it's Guns, Ammunition, Tackle, Furniture and Apparel, so seeming to carry the same off; together with the same Victuals or Pro∣visions.

And in case such Beef, Pork, Fish, Salt or other dead Victual be not discovered and seized before the same is sent from this Island, Then shall such Person or Persons as sent the same off, contrary to the intent of this Act,* 1.203 forfeit Five Pound Sterling for each Barrel of Beef, Pork, or Hundred of Fish, Salt or Hundred weight of other dead Victuals; the one Moyety of the said several Forfeitures to be to the Informer, the o∣ther to the publick use of this Island, and to be recovered in manner a∣foresaid, unless the same be for the necessary use and provision of such Ship, Sloop, Boat or other Vessels Company and Passengers.

[Clause IV] Lastly, It is Enacted and Appointed by the Authority aforesaid, That the Clerk of the Market of this Island for the time being, or his Deputy or Deputies, do from time to time take all due care, That this and all other the Acts aforesaid be duly observed; otherwise to prosecute the Offender or Offenders, upon the Penalty of losing his or their Of∣fices or Places,* 1.204 who are hereby the Persons appointed to be the Informer or Informers, upon all or any of the Statutes aforesaid.

Read and pass'd the Council, and consented to by His Excellency, the 29th of November, 1676.

Read and pass'd the Assembly, Ne∣mine contradicente, the 31st of Octo∣ber, 1676.

• Edwin Stede, Deputy Secretary.
• John Higginbothom, Cl. of the Assemb.

N ^o 208. An ACT to prevent the breaking up and taking away of any Rocks or Stones in any part of the Sea or Sea-Shoar before this Island.

Expired.

N ^o 209. An ACT to burthen those who have Rent, Charges and Profits issuing out of Lands and Negroes in this Island, to bear a pro∣portion of Taxes.

Obsolete.

N ^o 210. An ACT to explain a Clause in the ACT, for establishing the Courts of Common Pleas within this Island.

[Preamble.] WHereas by the said Act it is appointed, That the Chief Judge of each respective Court, shall command the appearance of De∣fendants in all Causes whatsoever, by Warrant under his Hand and Seal, which the Defendant is to be served with, or the same to be left at the Defendants House, as by the said Act appears. And whereas the re∣spective Judges of this Island, to the end they might hold to one Form therein, have heretofore agreed upon the Method and Manner of the said Writ of Summons, and that after it had been duly served, as by the Act required, it should be returned into the Court from whence it issued. Notwithstanding which, the Courts have proceeded variously, some of them having made return of the said Summons, leaving only a Cer∣tificate thereof of the Officers with the Defendant, and others having made no Return, but left the Warrant of Summons with the Defendant.

And for that the variety of the ways tending to one and the same effect, may not be construed to produce any error in the Proceedings thereon,

[Clause I] Be it Enacted by His Excellency, Sir Jonathan Atkins, Knight, Captain General, and Chief Governour of this and other the Charibbee-Islands, the Council and Assembly of this Island, And it is hereby Declared by the Authority aforesaid, That the Writs of Summons heretofore issued from any of the said respective Courts of this Island, and left in the Defendants Hands, and all such Writs of Summons as have issued from the Court of Common Pleas held for the Precincts of St. Michael's, &c. which have been returned, and notice left with the De∣fendant as aforesaid, shall be held good and lawful Summons in all causes for the time past; But for the future, the several Judges are to proceed according to the former Law.

And for the avoiding Corruption and other Abuses that may be sup∣posed to arise by reason of leaving the Original Writs of Summons with the Defendant, and no Copy or Copies thereof kept by the Judge,

[Clause II] It is further Enacted by the Authority aforesaid, That the seve∣ral and respective Judges in their several Precincts of this Island,* 1.205 before the issuing out any such Writ, do cause the same to be fairly entred in a Book of Entries for that purpose, to be by them in their Respective Pre∣cincts kept.

Read and pass'd the Council, and consented to by his Excellency, the same Day.

Read and pass'd the Assembly, Ne∣mine contradicente, the 29th of No∣vember, 1676.

• Edwin Stede, Deputy Secretary.
• John Higginbothom, Clerk of the Assembly.

N ^o 211. An ACT for the securing the Possession of Negroes and Slaves.

Expired.

N ^o 212. A Repeal of an ACT, Intituled, An ACT for incourage∣ment of the Manufacture of this Island.

Obsolete.

* 1.206An ACT for continuance of an ACT, Intituled, A Supple∣mental ACT to a former ACT for the better ordering and governing of Negroes.

N ^o 214. An ACT appointing the Sale in open Market of Effects At∣tached for the Excise, the Parish Dues and Servants Wa∣ges.

[Preamble.] WHereas the Custom of this Island hath been, That where Execu∣tions or Attachments have been levied upon Goods, Chattels or other Effects for the Satisfaction and Payment of Parish-Dues and Ser∣vants Wages, such Effects have been Appraised by Two Men of the same Parish; and if the Effects so Appraised, exceed the Debt and Charges, Then was the Parish or the poor Labourer constrained to pay the Over∣plus, and many times the Effects so Appraised, were valued at one Third more than the same could ever afterwards be sold for. For Remedy of which Inconveniences,

[Clause I] Be it Enacted by his Excellency, Sir Jonathan Atkins, Knight, Cap∣tain General and Chief Governour of this and other the Charibbee-Islands, the Council and Assembly of this Island, And it is Enacted by the Au∣thority aforesaid, That in all such Cases hereafter, where any Attach∣ment is made, or Execution levied upon any Negroes, Goods, Chattels or other Effects that are Moveables for the satisfaction of any Parochial Levy or Assessment imposed and laid for the use of the Parish, by the Major part of any Vestry of any Parish in this Island; or for the satis∣faction of any Servant or Labourers Hire or Wages within the cognizance of a Justice of Peace,* 1.207 That such Effects should be out-cryed and sold within those Hours, and between the first Day of January, and the last of September in every Year, as is used by the Courts of Common Pleas (ex∣cept for Labourers and Servants Wages; For which Markets shall continue all the Year,) and every Day in every Week in that time, shall be as a Market Day, if the Justice of Peace from whom the Execution issues,* 1.208 or the Churchwarden who makes the Attachment shall so appoint. And such Out-cries to be at the Market-Towns for the Precincts where the Attachment is made, or Execution levied; And where the Party

Debtor refuses to shew such Effects as aforesaid, or the Officer as afore∣said cannot meet with such, Then it is and shall be in the Election of the Vestry of such Parish, or the Creditor as aforesaid, either to cause the Person of the Debtor to be taken into Execution, or to lay and levy the same upon his Lands or Buildings, if he have any; the which shall be out-cried as Chattels in the method by this Act appointed, upon Execu∣tions for want of Payment of the said Duty of Excise.

[Clause II] And it is Declared by the Authority aforesaid, That where any Per∣son or Persons buy any Effects aforesaid, at any the Markets aforesaid, and doth not pay for the same in the time used in the Courts of Common Pleas upon Sales made at Out-cry,* 1.209 Then shall such Buyer incur such Penalties and Forfeitures as are accustomed in the said Courts of Common Pleas: And where any Person or Persons are taken in Execution by force of this Act,* 1.210 It shall not be in the liberty or power of the Provost Marshal, or any other Officer of this Island, to suffer such Prisoner to go Abroad with any Keeper or without, upon Penalty of paying to the Creditor or Creditors, double the Debt and Charges for which such Debtor is taken in Execution, to be recovered by Action of Debt in any Court of Common Pleas in this Island; Vnless it happen, That the Debtor breaks Prison, or that he go Abroad with the consent of the Cre∣ditor. And where the Body is in Prison as aforesaid,* 1.211 any Estate that can be afterwards met with, either real or Personal, shall notwithstand∣ing be liable to the Satisfaction of the Recovery and Charges.

[Clause III] Also it is Enacted by the Authority aforesaid, That upon all Exe∣cutions upon Judgments for want of Payment of the said Duty of Ex∣cise,* 1.212 The Effects to be hereafter Attached thereon, be the same Lands, Tenements or Buildings, they shall be deemed and taken as Chattels, and shall be sold by Out-cry to the Person or Persons that will give most for the same, at the place where the Buildings or Tenements are, or Lands lye. Which Out-cry shall be in all respects as effectual to the Creditor or Buyer, as if there had been an Appraisment thereof; any Law, Usage or Custom to the contrary notwithstanding.

Read, and pass'd the Council, and consented to by his Excellency, the 15th of March, 1676.

Read and pass'd the Assembly, Ne∣mine contradicente, the 21st of Fe∣bruary, 1676.

• Edwin Stede, Deputy Secretary.
• John Higginbothom, Cl. of the Assemb.

N ^o 215. An ACT for reviving and continuing an ACT, Intituled, An ACT for laying an Imposition on Wines and other Li∣quors Imported this Island; and another ACT, Intituled, An ACT to prevent Frauds and Concealments in the Payment of the Excise of this Island.

Expired.

N ^o 216. An ACT for continuance of divers ACTS of this Island.

Expired.

* 1.213An ACT appointing what Freeholders shall be capable to Elect at the choosing of Representatives and Vestries for this Island.

N ^o 218. An ACT for raising a Levy of Two Pounds of Sugar per Acre, and Five Pounds of Sugar per Negro.

Obsolete.

N ^o 219. Expired. An Explanatory ACT to the ACT of Ʋnder-writings and Arrests.

BE it Enacted, &c. That hereafter no Warrant of Arrest shall be returnable in any Court of Common Pleas within this Island, but in the Precincts where the Parties Residence is generally known to be that is Arrested; and all Arrests otherwise shall be void. Dated the 11th of July, 1677.

N ^o 220. An ACT impowering Benjamin Middleton, Esquire, to sell his Estate for the Payment of his Debts.

[Preamble.] WHereas Thomas Middleton, late of this Island, Esquire, Died seiz'd of a considerable Estate in Land, and possessed of divers Negroes, Stock and many other Goods and Chattels of Value, and in his Life-time did contract very great Debts and Ingagements upon himself and Estate, and by several Obligations and other Contracts, did intangle and incum∣ber his said Estate: Which Incumbrances are now speedily like to fall upon the said Estate, and to tear the same in pieces, to the utter undoing of the said Benjamin Middleton, his Surviving Son and Heir.

And whereas the said Thomas Middleton by his last Will and Testa∣ment, bearing Date the Fifth Day of December, Anno Dominia, One Thou∣sand, Six Hundred, Seventy and Two, amongst other things therein men∣tioned, has made several Bequests, and given divers Annuities of Va∣lue chargeable upon all his said Estate, which are very great Burthens upon the same, and tend very much to the disenabling his Son Benjamin Middleton, whom he has appointed his sole Heir and Executor, to defray and dischage the many several Debts and incumbrances afore-mentioned, wherewith he hath clogged the said Estate.

And forasmuch as by the said Will, the said Thomas Middleton did make and appoint several Limitations of his said Estate, appointing di∣vers Remainders to vest in others, in case his said Son Benjamin Middleton, should happen to dye without Issue of his Body lawfully begotten; the fatal Consequences whereof, are as followeth. That the said Benjamin Middleton for the prevention of the Ruin of the said Estate, hath been in

disburse out of his own Estate the Sum of Four Thousand Pounds Ster∣ling; he is disabled to sell all or part of the said Estate to raise Mony for the satisfying of the many great Debts and Incumbrances aforesaid; which cannot be paid without the real Estate of the said Thomas Middleton be exposed to Sale: All which tend very much to the ruin of the said Benjamin Middleton and his Fortune in the World, and more especially the Creditor of the said Estate.

For the speedy Prevention of all which Mischiefs and Inconve∣niences, and that he may be enabled to make any legal Sale of all or any part of the said Estate, to raise Money for the Payment of the said Debts, thereby to prevent many Law-Suits and Troubles which will in∣evitably fall upon the said Estate, and in the end prove very ruinous and destructive to the said Benjamin Middleton, his Posterity and Family. And to the end that any Person or Persons that hereafter shall and will come in and offer to purchase and buy all or any part of the said Estate and Premises, may be better incouraged thereunto.

[Clause I] Be it Enacted by His Excellency, Sir Jonathan Atkins, Knight, Captain General and Chief Governour of this and other the Charibbee-Islands, the Council and Assembly of this Island, and by Authority of the same, It is hereby Enacted and Declared, That all and every part of the said Lands, Tenements, Hereditaments, Negroes and Pre∣mises, and all other the real Estate whatsoever mentioned and com∣prized in the last Will and Testament of the said Thomas Middleton, Esq. and limited as aforesaid, shall be ever hereafter, to all Intents, Con∣structions and Purposes in the Law vested and setled in the said Benjamin Middleton, Esquire, and his Heirs as a good,* 1.214 perfect and indefeazable E∣state in Fee Simple.

[Clause II] And it is hereby further Declared and Enacted by the Au∣thority aforesaid, That all Remainders and Reversions expectant upon the said Land and Premises, are for ever barred of their Claims and De∣mands; and also that the said Benjamin Middleton and his Heirs,* 1.215 are hereby inabled to make any Sale, Conveyance or other Disposition, of all or any part of the said Estate, Lands and Premises as aforesaid, to any Per∣son or Persons that shall purchase or buy the same, for the better in∣abling the said Benjamin Middleton and his Heirs, to satisfy the said Debts and Incumbrances, and for the purposes and intents aforesaid; any Law, Custom or Usage to the contrary hereof in any wise notwithstanding.

Provided nevertheless,* 1.216 and it is the true intent and meaning of this Act, That nothing therein contained, shall prejudice or injure any Person whatsoever, that claims any Legacy or Annuity by the last Will and Te∣stament of the said Thomas Middleton, Esquire, or his the said Thomas Middleton's Widow, in any Jointure, Dower or Legacy she can or may claim; or any other Person whatsoever, who claims any Right, Title or Interest to the said Estate of the said Benjamin Middleton, before the Death of the said Thomas Middleton, Esquire.

Given under my Hand, the Second of October, 1677.

Jonathan Atkins.

* 1.217An ACT for the more speedy Remedy in Distresses taken Da∣mage feasant.

N ^o 222. An ACT for reviving and continuing an ACT, Intituled, An ACT for laying an Imposition on Wines and other Li∣quors Imported this Island; and another ACT, Intituled, An ACT to prevent Frauds and Concealments in the Payment of the Excise of this Island.

Expired.

* 1.218An ACT to explain a Branch of a former ACT, for Or∣dering and Governing of Negroes.

N ^o 224. An ACT for laying an Imposition on Wines and other Liquors imported this Island.

Expired.

N ^o 225. An ACT to enable Colonel William Bate to receive the Debts by him contracted relating to the Excise.

Obsolete.

N ^o 226. An ACT to continue the ACT of the Militia.

Expired.

N ^o 227. An ACT to revive and continue an ACT for allowance of a second free Entry of the dead Productions of this Island lost or taken, &c. relating to the Four and a half per Cent.

Expired.

N ^o 228. An ACT for the supply of a Strength of Labourers to the Repairing and finishing of Fortifications and Breast-works, and Building new ones, where occasion requires.

Expired.

An ACT to incourage the bringing of Christian Servants.* 1.219

N ^o 230. A Supplemental ACT to the ACT of Excise.

Expired.

N ^o 231. An ACT for the better Regulating the manner of giving Tic∣kets out of the Secretary's Office.

Expired.

N ^o 232. An ACT to continue the ACT of Militia.

Expired.

N ^o 233. An ACT for raising a further Levy to defray the Charge of Building, Rebuilding and Repairing our several Fortifications and Breast-works.

Obsolete.

N ^o 234. An ACT for the Supply of a further Strength of Labourers to the Repairing and finishing of Fortifications and Breast-works, and building new ones where occasion requires.

Obsolete.

N ^o 235. A Supplemental ACT to the late ACT for a further Sup∣ply of Labourers to the Repairing and Finishing Fortifications and Breast-works.

Obsolete.

An ACT to continue an ACT to prevent the People called Quakers from bringing Negroes to their Meetings.* 1.220

* 1.221An ACT to Repeal part of an ACT for continuance of an ACT for the better Ordering and Governing of Negroes.

N ^o 238. An ACT to strengthen the Militia of this Island.

Repealed.

N ^o 239. An ACT to revive the Excise.

Expired.

N ^o 240. An ACT for the setling Six Acres and Thirty Perches of Land and Two Negroes in the Representatives of the Parish of Christ-church, for maintaining Five poor People by the Gift of Mr. Philip Trowel.

[Preamble.] WHereas Mr. Philip Trowel, of the Parish of Christ-church in this Island, Planter, being well and charitably disposed, did by his Deed indented, bearing Date the Tenth Day of this instant April, settle and convey Six Acres of Land, and Thirty Perches, with its Appurte∣nances, lying and being in the said Parish of Christ-church, and Island a∣foresaid; together with one Negro Man, and one Negro Woman therein named, to Nathaniel Kingsland and Richard Seawell, Esquires, the present Representatives of the said Parish of Christ-church, and their Successors Re∣presentatives of the said Parish for ever, for or towards the Support or Maintainance of Five poor Decayed English Men of the said Parish, with full Power and Authority to settle and place such Five poor Men with other Powers and Authorities to them and their Successors given relating thereto; as by the said Deed, relation being thereunto had, doth and may appear.

And to the intent so good and pious a Gift may take effect to all intents and purposes, as by the said Deed is intended,

[Clause I] Be it therefore Ordained and Enacted, and it is hereby Ordain∣ed, Enacted and Declared by his Excellency Sir Jonathan Atkins, Knight, Governour in Chief of this Island, the Council and Representatives of this Island now Assembled, and by Authority of the same, That the said Six Acres and Thirty Perches of Land, with its Appurtenances and Ne∣groes mentioned in the said Deed, bearing Date the said Tenth Day of this instant April, are fully and effectually conveyed and setled by the said Deed, according to the true intent and meaning thereof: And that the said Nathaniel Kingsland and Richard Seawell the present Representatives of the said Parish and their Successors, Representatives of the said Parish, are hereby Declared and Enacted to have full Power and Authority to take and hold by the said Deed for ever,* 1.222 to and for the Uses therein De∣clared: And that the said Deed is full and effectual for the Purposes

thereby intended, and shall be so judged, deemed, taken and reputed. Dated the 15th Day of April, in the Year of our Lord, according to the computation of the Church of England, One Thousand, Six Hundred, Se∣venty and Five.

Read and pass'd the Council, and consented to by His Excellency, the same Day.

Read and pass'd the Assembly, Ne∣mine contradicente, April the 15th, 1675.

John Higginbothom, Cl. of the Assemb.

N ^o 241. An ACT appointing a Committee for setling the publick Ac∣counts of this Island.

Expired.

N ^o 242. An ACT to continue the ACT of the Militia.

Expired.

N ^o 243. An ACT to revive and continue an ACT for binding out Apprentices.

Expired.

N ^o 244. An ACT to continue an ACT to prevent the breaking and taking away of any Rocks or Stones in any part of the Sea or Sea-Shoar before this Island.

Expired.

N ^o 245. An ACT to continue an ACT to burthen those who have Rent-Charges and Profits issuing out of Land and Negroes in this Island, to bear a proportion of Taxes.

Obsolete.

N ^o 246. An ACT to continue the ACT of Excise.

Expired.

N ^o 247. An ACT for raising a Publick Stock to discharge the Losses of Negroes suffering by appointment of Law.

Expired.

* 1.223An Additional ACT, to an ACT Intituled, An ACT for Allowance of a Second free Entry for the Dead Pro∣ductions of this Island Lost or Taken, relating to the Four and a half per Cent.

N ^o 249. An ACT for continuance of divers ACTS of this Island.

Expired.

N ^o 250. An ACT for raising a Levy to defray the Charge of Building, Rebuilding and Repairing our several Fortifications and Breast-works, and other Publick Occasions.

Expired.

N ^o 251. An ACT for the better enabling the Executors of William Plumley, Deceased, to sell his Estate for the Payment of his Debts.

[Preamble.] WHereas William Plumley, late of this Island Mariner, died seized of a considerable Estate in Lands and Negroes, and possest of di∣vers Stocks and other Goods and Chattels of Value and in his Life time, did contract very great Debts and Ingagements upon himself and his E∣state, and by several Obligations, Judgments and Mortgages, did in∣tangle and incumber his said Estate; which Incumbrances are now speedily like to fall upon the said Estate, and to tear the same in pieces, to the ut∣ter undoing of his surviving Wife and Children.

And whereas the said William by his last Will and Testament, bear∣ing Date the 4th Day of February, 1675, amongst divers other things therein mentioned, has appointed and devised all or the greatest part of his Estate, to his Executors to be sold for the payment of his said Debts, and has made several Bequests to his younger Children for their Provi∣sion and Maintenance.

And forasmuch as there is an absolute necessity, that his whole E∣state, Interest and Premises, should be forthwith sold to raise Money for the satisfying and discharging the said Debts and Ingagements, and ma∣king convenient and competent Provisions for the Wife and Children out of the Overplus after the Debts paid, in case any shall happen to be. But in regard some of the Executors and Devisees are yet in their Mi∣nority, and uncapable by Law to convey any good and sufficient Titles and Assurances to any Person or Persons that would purchase and buy the same, for the Purposes and intents aforesaid.

And because there is great justice and equity that the Sale thereof should be speedily effected to hinder all Vexatious Law-suits, Charges

and other Troubles that will unavoidably fall upon the said Estate, the consequence whereof will absolutely ruin the Wife and Children. For the Prevention whereof, and to the end that all the just Debts of the said William Plumley may be truly and bona fide paid and satisfied, and the Wife and Children duly provided for, with competent Portions and Maintenance out of the overplus of the said Estate and Premises, in case any shall happen to remain according to the intent of the said William Plumley, and as is befitting all justice and equity. And also to the end That any Person or Persons who hereafter shall or will come in and of∣fer to purchase and buy the said Estate and Premises may be incouraged thereunto,

Be it Enacted by his Excellency, Sir Jonathan Atkins, Knight, Cap∣tain General and Chief Governour of this and other the Charibbee-Islands, the Council and Assembly, and by the Authority of the same, It is En∣acted, That John Plumley, Paul Plumley and Sarah Plumley, Widow, and the Survivours or Survivour of them, shall have good Right, and here∣by full power and authority is given and granted to them and the Sur∣vivours and Survivour of them, upon good and valuable considerations, whether for Money, Sugar, or other Goods and Commodities; To Grant, Bargain, Sell in Fee-simple or Fee-tail, or Demise, make Lease or Leases for Life or Lives or Years, and to make any other Disposition, Sale or grant of the whole or any part of the said Land, Negroes, Stock and other the Estate, Interest, Right, Claim or Property that was belong∣ing to the said William Plumley at the time of his Death; to any Person or Persons whatsoever.

And it is further Enacted by the Authority aforesaid, That all and every, or any Grant, Bargain or Sale, or other Disposition that shall be so made by the said John Plumley, Paul Plumley and Sarah Plumley, and the Survivours or Survivour of them, of the Estate, Interest, Right, Title and Property aforesaid, either in the whole or by Parcels, either in Fee-Simple, Fee-Tail General or Special, Lease or Leases for Life, Lives or Years in Possession or Reversion, Shall be good and effectual in Law to all Intents and Purposes whatsoever, to any Person or Persons, their Heirs and Assigns, in as large and ample manner as the said William Plumley in his Life-time, might or could have done the same and not o∣therwise, according to the respective limitation of every such Estate or Estates, that shall upon good and valuable Considerations aforesaid, bona fide, purchase and buy the same: Any Law, Custom or Usage whatso∣ever to the contrary hereof in any wise notwithstanding.

Provided this Act or any thing therein contained, shall not prejudice or injure the Right, Title or Interest of any Person or Persons whatso∣ever, that on the Day of the Date hereof, have any Claim, Right or Title to the Premises aforesaid, or any part thereof, either by any Act or thing done by the said William Plumley in his Life-time, or by any other ways or means, or by the Creditors of the said William Plumley, in case Payment be not made to them according to the Intent and Provision of this Act.

It is also hereby further Enacted by the Authority aforesaid, That in case Payment be not made to the Creditors of the said William Plumley by his said Executors or their Appointment, That all or any part of the said Estate, shall be liable to the satisfaction thereof in the same manner, as if the said Estate had remained in the Possession of the said John, Paul, and Sarah unsold and undisposed of.

And whereas all the foregoing Premises were passed into an Act on the 12th of July, 1676; but it has so happened, that Two Years are fully elapsed since the Date thereof, and has not received the King's Gra∣tious Ratification to make it perpetual.

And forasmuch as since the making the said Act, the Estate and Pre∣mises mentioned and intended therein, has been sold for very valuable considerations, for the ends and purposes designed by the said Act; And the Purchasers thereof have been chiefly incouraged thereunto by the in∣dubitable Security of their Title, being grounded upon the said Act; but now the said Act being of no force, for want of his Majesty's Royal Confirmation as aforesaid.

And forasmuch as some Contentious Persons may possibly hereafter arise and endeavour to overthrow the Title of the said Purchasers under the said Act; For Prevention whereof, and for the better quieting the Possessions and Titles of the said Purchaser or Purchasers that claim under that Act,

Be it further Enacted by the Authority aforesaid, That all and every Person or Persons whatsoever, that since the Date of the said Act, have for valuable considerations, bona fide, bought and purchased all or any part of the said Estate and Premises mentioned and intended within the said Act, Shall by virtue of this present Act, have, hold and en∣joy their said Purchases and Premises, according to the true purview and meaning of the said Act, against all manner of Persons whatsoever, as if the said Act were still in force, and confirmed by the King's Majesty as aforesaid; any Act, Law or Usage to the contrary hereof in any wise notwithstanding.

And We His Majesty's Council and the Representatives of this Island, do humbly request your Excellency, as the Father of Orphans in this Island, to cause a due Distribution of the Surplusage of the said William Plumley's Estate, after his Debts are paid, to the Legatees, Widow and Children of the said Plumley, according to the purport of his last Will and Testament.

And it is Enacted by the Authority aforesaid, That your Excellency have such Power by virtue of this Act, to cause the said Will in all re∣spects to be performed, and at your Excellency's Discretion to cause Se∣curity accordingly to be given.

Given under my Hand this 23d of Ja∣nuary, 1678.

Jonathan Atkins.

N ^o 252. An ACT to continue the ACT of Excise.

Expired.

N ^o 253. An ACT to continue the ACTS of the Militia.

Expired.

N ^o 254. An ACT for the more effectual putting in Execution a Sta∣tute of England, Intituled, An ACT for preventing Dan∣ger which may happen from Popish Recusants.

[Preamble.] WHereas by a late Statute of England, made in the Five and Twentieth Year of His Majesty's Reign, Intituled, An Act for preventing Dangers which may happen from Popish Recusants, It is Enacted, That all and every Person or Persons that shall bear any Office or Of∣fices, Civil or Military, or shall receive any Pay, Sallary, Fee or Wages by reason of any Patent or Grant, or shall have Command, or Place or Trust from or under His Majesty, or from any of his Majesty's Predeces∣sors, or by his or their Authority, or by Authority derived from him or them, shall take the Oaths of Supremacy and Allegiance; and likewise make and subscribe a Declaration in the said Act expressed.

And whereas the Laws and Statutes of England (save only such as have received alteration by the necessary Laws, Constitutions and Usages of this Island) do extend to this Place both in Priviledge and Penalty, and are and ought to be here in full force. But for that also the times and Places set down in the said Act, for taking the said Oaths, and making the said Declaration, cannot here be observed and complied with. To the end therefore the said Statute may here take due effect,

Be it Enacted by His Excellency, Sir Jonathan Atkins, Knight, Captain General, and Chief Governour of this and other the Charibbee-Islands, the Council and the Representatives of this Island, and by Au∣thority aforesaid, It is Enacted, That all the Persons inhabiting or residing in this Island, that shall bear any Office or Offices, Civil or Mi∣litary, or shall receive any Pay, Sallary, Fee or Wages, by reason of any Patent or Grant from his Majesty, or shall have Command or Place of Trust, from or under His Majesty, or by Authority derived from him, as in the said Act is expressed, shall Personally be and appear in His Majesty's High Court of Chancery, or before the Governour and Council at their Publick Sitting, or in any one of His Majesty's Courts of Com∣mon Pleas for this Island; and there in publick and open Court, some time before the Tenth Day of April next ensuing, take the said Oaths, and make and subscribe the said Declaration following, Viz. I A. B. do declare, that I do believe, that there is not any Transubstantiation in the Sacrament of the Lord's Supper, or in the Elements of Bread and Wine, at or after the Conse∣cration thereof by any Person whatsoever.

And it is further Enacted by the Authority aforesaid, That what Person or Persons soever within this Island, shall hereafter be taken or admitted into any of the Office or Offices, Powers or Trust before men∣tioned, He and they shall within Two Months after such Admission, take the said Oaths, and make the said Declaration in manner afore∣said.

And it is further Enacted by the Authority aforesaid, That all and every the Persons aforesaid, That shall neglect or refuse to take the said Oaths, and make the said Declaration as is before provided, shall incur and undergo the same Penalties and Forfeitures which are appointed by the said Statute to be recovered in the Court of Common Pleas where the Offender liveth.

And Lastly, it is further Enacted by the Authority aforesaid, That it shall and may be lawful to and for the respective Courts afore∣said, to give and administer the Oaths aforesaid, to the Person or Persons aforesaid, in manner as aforesaid; and upon the due tender of any such Person or Persons to take the said Oaths and Declarations, The said Courts are hereby required and injoyned to administer the same, and keep a Register thereof.

Given under my Hand, the 19th of February, 1678.

Jonathan Atkins.

N ^o 255. An ACT to revive and continue an ACT appointing a Com∣mittee for setling the publick Accounts of this Island.

Expired.

N ^o 256. An ACT to revive and continue an ACT for securing the Possession of Negroes and Slaves.

Expired.

N ^o 257. An ACT for the speedy Collecting of all arrears of Levies of Sugar and Labour of Hands appointed by divers ACTS for the speedy Finishing the Fortificaions and Breast-works of this Island.

Obsolete.

N ^o 258. An ACT to revive and continue several ACTS of the Mi∣litia.

Expired.

N ^o 259. An ACT Repealing an ACT for allowance of a second free Entry of the dead Productions of this Island lost or taken, and relating to the Four and a half per Cent.

Expired.

N ^o 260. An ACT to continue an ACT for the better Regulating the manner of giving Tickets out of the Secretary's Office.

Expired.

N ^o 261. An ACT for destroying Wild Monkies and Raccoons.

Expired.

N ^o 262. An ACT to revive and continue an ACT, appointing a Com∣mittee for settling the Publick Accounts of this Island.

Expired.

N ^o 263. An ACT for raising a Levy to defray the Charge of Build∣ing, Repairing and Finishing the Leeward Fortifications and Breast-works, and other Publick Occasions of this Island.

Obsolete.

N ^o 264. An ACT for the settlement of the Militia of this Island.

Expired.

N ^o 265. An ACT for settling an Impost on the Commodities of the Growth of this Island.

[Preamble.] WHereas our late Sovereign Lord, Charles the First of blessed Me∣mory, did by his Letters Patent, under the great Seal of Eng∣land, grant and convey unto James Earl of Carlisle, and his Heirs for ever, the Propriety of this Island of Barbados: And his Sacred Majesty that now is, having by Purchase invested himself in all the Rights of the said Earl of Carlisle, and in all other Rights which any other Person may claim from that Patent or any other, And thereby more immediately and particularly hath taken this Island into his Royal Protection. And His Most Excellent Majesty, having by Letters Patent under the great Seal of England, bearing Date the Twelfth of June, in the Fifteenth Year of his Reign, appointed His Excellency, Francis Lord Willoughby of Par∣ham, Captain General, and Chief Governour of Barbados, and all the Charibbee-Islands, with full Power and Authority to Grant, Confirm and Assure to the Inhabitants of the same, and their Heirs for ever; All Lands, Tenements and Hereditaments under His Majesty's great Seal, appointed for Barbados and the rest of the Charibbee-Islands, as Relation be∣ing thereunto had, may and doth more at large appear.

And whereas by virtue of the said Earl of Carlisle's Patent, divers Governours and Agents have been sent over hither, with Authority to lay out, set, grant or convey in Parcels the Lands within this Island, to such Persons as they should think fit; which was by them in their respective times, as much as in them lay accordingly performed.

And whereas many have lost their Grants, Warrants and other E∣vidences for their said Lands, and others by reason of the ignorances

of those times, want sufficient and legal Words to create Inheritances in them and their Heirs; and others that never Recorded their Grants or Warrants; and others that can make no Proof of any Grants or War∣rants they ever had for their Lands, and yet have been long and quiet Possessors of the same and bestowed great Charges thereon.

And whereas the Acknowledgment of Forty Pounds per Head, and other Taxes and Compositions formerly raised to the Earl of Carlisle was held very heavy. For a full Remedy therefore for all the Defects a∣fore related, and quieting the Possessions and setling the Tenures of the Inhabitants of this Island,

Be it Enacted by his Excellency, Francis Lord Willoughby of Par∣ham, &c. his Council and Gentlemen of the Assembly, and by the Au∣thority of the same, That notwithstanding the Defects afore related, all the now Rightful Possessors of Lands, Tenements and Hereditaments within this Island, according to the Laws and Customs thereof, may at all times repair unto his Excellency for the full Confirmation of their Estates and Tenures; and then and there shall and may receive such full Confirmation and Assurance under His Majesty's great Seal for this Island, as they can reasonably advise or desire, according to the true intent and meaning of this Act.

And be it further Enacted by the Authority aforesaid, That all and every the Payments of Forty Pounds of Cotton per Head, and all other Duties, Rents and Arrears of Rents, which have or might have been levied, be from henceforth absolutely and fully released and made void; And that the Inhabitants of this Island, have and hold their several Plan∣tations to them and their Heirs for ever, in free and common Soccage; yielding and paying therefore at the Feast of St. Michael every Year, (if the same be lawfully demanded) one Ear of Indian Corn to His Majesty, his Heirs and Successors for ever, in full and free Discharge of all Rents and Services for the future whatsoever; in consideration of the Release of the said Forty Pounds, and in consideration of the confirmation of all Estates in this Island as aforesaid; and in acknowledgment of his Ma∣jesties Grace and Favour, in sending to, and appointing over us his said Excellency, of whose Prudence and moderate Government, we have hertofore had large experience, and do rest most assured thereof, for the future.

And forasmuch as nothing conduceth more to the Peace and Prosperity of any Place, and the Protection of every Single Person therein, than that the Publick Revenue thereof may be in some measure proportioned to the Publick Charges and Expences, and also well weighing the great Charges that there must be of necessity, in the maintaining the Honour and Dignity of His Majesty's Authority here, the publick Meeting of the Sessions, the often Attendance of the Council, the Reparation of the Forts, the Building a Sessions House and a Prison, and all other publick Char∣ges incumbent on the Government, do in consideration thereof, give and grant unto his Majesty, his Heirs and Successors for ever; And do most humbly desire your Excellency, to accept these our Grants; and we hum∣bly pray your Excellency, That it may be Enacted. And be it En∣acted by his Excellency Francis Lord Willoughby of Parham, Captain Ge∣neral and Chief Governour of this Island of Barbados, and all other the Charibbee-Islands, and by and with the Consent of the Council and the Gentlemen of the Assembly, Representatives of this Island, and by Au∣thority of the same, That an Impost or Custom be from and after

Publication hereof raised upon the Native Commodities of this Island, af∣ter the proportions, and in manner and form as is hereafter set down and appointed, That is to say, Upon all dead Commodities, of the Growth or Produce of this Island, that shall be shipped off the same, shall be paid to our Sovereign Lord the King, his Heirs and Successors for ever, Four and a Half in Specie for every Five Score.

And be it further Enacted and Declared by the Authority afore∣said, That if any Goods before-mentioned, on which the said Custom is imposed and due by this Act, shall at any time hereafter be Ship'd or put into any Boat or other Vessel, to the intent to be carried into any Parts beyond the Seas (the said Imposition due for the same, not paid, compounded for, or lawfully tendred to the Collectors or their Depu∣ties, or not having agreed with the Commissioners for that purpose to be appointed, or their Deputies, for the same, according to the true in∣tent and meaning of the said Act, That then, and from thenceforth, shall the said Goods be forfeit, the one Moyety thereof to be to our Sovereign Lord the King, and the other to him that shall Inform, Seize and Sue for the same, in any Court of Record within this Island. Which Grants are left to your Excellencies own way of Levying, in full Confidence and Assurance, That your Excellency will take such course for the col∣lecting and gathering of the said Impost, without any Charge, Duty or Fees, as may be most for the ease of the People of this Island.

Provided nevertheless, That neither this Act, nor any thing there∣in contained, shall extend, or be construed to bar his Majesty, or his said Excellency from his or their Right to any Land granted, or any In∣croachments made upon the Sea, since the Year One Thousand, Six Hundred and Fifty, or to any Lands commonly called or known by the Name of The Ten Thousand Acres, the Merchants Land granted by the late Earl of Carlisle or his Father, unto Marmaduke Rawden, Esquire, Wil∣liam Perkins, Alexander Banister, Edmond Forster, Captain Wheately and others their Associates, on certain Covenants and Conditions. Provided also, That the Growth and produce of the said Lands mentioned in the pre∣ceeding Proviso, be not liable to any Tax, Impost or Custom imposed by this Act; any thing in the same seeming to the contrary notwith∣standing.

And be it further Enacted by the Authority aforesaid, That one Act made the Nineteenth Day of October, One Thousand, Six Hundred and Fifty, Intituled, An Act Importing the Customs imposed and granted by the Council and Gentlemen of the Assembly, to the Right Honourable Francis Lord Wil∣loughby of Parham, Lord Lieutenant General of the Province of Carliola, and Governour of Barbados. As also his Lordship's Confirmation of the Right of the Inhabitants of this Island, to their several Estates, with the Tenure and Rent thereon created, be and is from henceforth Repealed, made void, frustrate, of none effect, to all Intents, Constructions and Purposes whatsoever.

Given under my Hand, this 12th Day of Sep∣tember, 1663.

Signed, Fran. Willoughby.

N ^o 266. An ACT concerning Replevins.

Expired.

N ^o 267. An ACT to revive and continue an ACT appointing a Com∣mittee for setling the publick Accounts.

Expired.

* 1.224An ACT to continue divers ACTS of this Island.

N ^o 269. An ACT for a Supply of a further Strength of Labourers to the Repairing and Finishing of Forts and Fortifica••ions, and building new ones where occasion require, and raising Money for defraying the necessary Charges thereof.

Obsolete.

N ^o 270. An ACT appointing a Committee for setling the publick Accounts of this Island.

Expired.

N ^o 271. An ACT to revive and continue divers ACTS of this I∣sland.

Expired.

N ^o 272. Expired. An ACT to revive and continue an ACT, Intituled, An ACT for taking off the Eighty Days after Execution for future Contracts.

BE it Enacted by His Excellency, Sir Richard Dutton, Knight, Cap∣tain General, and chief Governour of this and other the Charibbee-Islands, the Council and Assembly of this Island, and by Authority afore∣said, That an Act bearing Date the Five and Twentieth Day of March, One Thousand, Six Hundred, Seventy and Five, Intituled, An Act for ta∣king off the Eighty Days after Execution for future Contracts, and all and every the Powers, Authorities, Clauses, Sentences, Penalties and Provisoes therein contain∣ed, Be and is hereby Declared to be revived and in force, from and immediately after the expiration of the said Act, and shall continue and have their full strength, according to the true intent and meaning thereof,

and shall be so adjudged, deemed and taken to all Intents and Purposes whatsoever, except only such Executions as are already issued upon any Judgment obtained since the Three and Twentieth Day of January last, and until the Date of this present Act, and not otherwise.

Given under my Hand the Fifth Day of July, 1681.

Signed, Richard Dutton.

N ^o 273. An ACT to revive and continue an ACT appointing the Sale in open Markets of Effects attached for the Excise, the Parish Dues, and Servants Wages. And a Declarative ACT, upon the ACT making Negroes Real Estate.

Obsolete.

N ^o 274. An ACT for computing the Arrears of Publick Levies into Money.

Obsolete.

N ^o 275. An ACT to revive and continue divers ACTS of this Island.

Expired.

N ^o 276. An ACT for the raising a Levy for the better defraying some Publick Occasions.

Obsolete.

N ^o 277. An ACT to confirm the Lease of Fontabell to his His Ex∣cellency Sir Richard Dutton, Knight, Governour of this Island.

Expired▪

N ^o 278. An ACT to revive and continue an ACT, appointing a Com∣mittee for settling the Publick Accounts of this Island.

Expired.

An ACT appointing Red Coats to be worn by all the Foot Mi∣litia of this Island.* 1.225

N ^o 280. An ACT to revive an ACT, Intituled, An ACT for the settlement of the Militia of this Island.

Expired.

N ^o 281. An ACT for the destroying Wild Monkies and Raccoons.

Expired.

N ^o 282. An ACT to revive and continue an ACT, Intituled, An ACT for the settlement of the Militia of this Island.

Expired.

N ^o 283. An ACT for the better Regulating the manner of giving Tickets out of the Secretary's Office.

[Preamble.] WHereas sundry Persons have of late departed this Island to Ja∣maica, the Leeward Islands, and other new Settlements, and left behind them their Wives and Children, many of which are, and others may become burthensome to the Parishes they are left in: To Prevent which Inconveniency, and to the intent no such Person may hereafter so depart this Island,

It is Enacted by His Excellency, Sir Richard Dutton, Knight, Captain General and Governour in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That from and after Publication hereof, no such Person shall be admitted to a Ticket from the Secretary to depart this Island, Vnless he bring from some Justice of the Peace, a Certi∣ficate to the Secretary,* 1.226 that he well knows him, or that Proof is made by Oath before him, that he is a single Man, and commonly reputed as such, and hath no charge of Children: Or if he hath Wife and Chil∣dren in this Island, that he is Owner of a competent Estate sufficient in this Island for their Maintenance, or hath given good Security to some of the Justices of the Peace of the Parish where he lives, That his Wife and Children, or any of them, shall not hereafter become a Burthen or Charge to the said Parish, or any other Parish of this Island. And the Secre∣tary or his Deputy officiating in the said Office, is required not to issue any Ticket to any Person without such Certificate, upon pain of answer∣ing the Damage of such Parishes as shall suffer thereby.

Given under my Hand, this Fourteenth Day of July, 1682.

Signed, Richard Dutton.

N ^o 284. An ACT to incourage the bringing of Christian Servants, and to prevent their running away, or being sent off this Island.

Expired.

N ^o 285. An Additional ACT to an ACT, Intituled, An ACT for a Levy on Land and Negroes to discharge the necessary Debts, and for providing for the security of this Island.

Obsolete.

N ^o 286. An ACT appointing the Sale in open Markets of Effects at∣tached for Arrears.

[Preamble.] WHereas the Custom of this Island hath been, That where Exe∣cutions or Attachments have been levied upon Goods, Chattels or other Effects for the Satisfaction and Payment of Parish Dues, and Servants Wages, such Effects have been Appraised by Two Men of the same Parish; and if the Effects so Appraised, exceed the Debt and Charges, then was the Parish or poor Labourers constrained to pay the Overplus, and many times the Effects so Appraised, were valued at far more than the same could ever afterwards be sold for. To Remedy which Incoveniency,

[Clause I] Be it Enacted by his Excellency, Sir Richard Dutton, Knight, Cap∣tain General and Governour in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That in all Cases hereafter,* 1.227 where Attachments are made, or Execution levied upon any Negroes, Goods, Chattels or o∣ther Effects that are Moveables, for the Satisfaction of any Parochial Le∣vy or Assessment imposed and laid for the use of the Parish, by the Ma∣jor part of any Vestry of any Parish in this Island, or for the satisfaction of any Servants or Labourers Hire or Wages, within the Cognizance of any Justice of the Peace, such Effects shall be out-cryed, and sold with∣in those Hours, and between the first Day of January, and the last of September in every Year, as is used by the Courts of Common-Pleas, (ex∣cept for Labourers or Servants Wages, for which Markets shall continue all the Year) And every Day in every Week in that time shall be as a Market-Day, if the Justice of Peace from whom the Execution issues, or the Church-warden who makes the Attachment shall so appoint. And such Out-cries to be at the Market-Towns for the Precincts where the Attachment is made, or Execution levied. And the Charge and Trouble of the Carriage, or driving the attached Effects of Moveables to Market-Towns, and the Out-cries shall be paid, and fully recom∣penced to the Church-wardens or Constables, or those that attend them or their Deputies, out of the attached Effects of the Debtor or Of∣fender.

And where any Disputes arise relating to the Charge of Carriage, The same shall be ended and determined by some Justice of the Peace in

the Parish where the Attachment was made; And where the Party Debtor refuseth to shew such Effects as aforesaid, or the Officer afore∣said cannot meet with such, Then it is and shall be in the Election of the Vestry of such Parish, or the Creditor aforesaid, either to cause the Per∣son of the Debtor to be taken in Execution, or to lay and levy the same upon his Lands or Buildings, if he have any; the which shall be out-cryed as Chattels, in the Method by this Act appointed upon Executions for arrears of Excise.

[Clause II] And it is Declared by the Authority aforesaid, That where any Person or Persons buy any Effects as aforesaid,* 1.228 at any the Markets afore∣said, and doth not pay for the same in the time used, in the Courts of Common Pleas upon Sales made at Out-cry, Then shall such Buyer in∣cur such Penalties and Forfeitures, as are accustomed in the said Courts of Common-Pleas. And where any Person or Persons are taken in Exe∣cution by force of this Act, It shall not be in the Liberty or Power of the Provost Marshal, or any other Officer of this Island, to suffer such Prisoner to go Abroad with any Keeper or without, upon Penalty of paying to the Creditor or Creditors, double the Debt and Charges for whith such Debtor is taken in Execution, to be recovered by Action of Debt in any Court of Common-Pleas in this Island, unless it happens, that the Debtor breaks Prison, or he go Abroad with the Consent of the Creditor. And where the Body is in Prison as aforesaid, any Estate that can afterwards be met with, either Real or Personal, shall not∣withstanding be liable to the satisfaction of the Recovery and Charges.

[Clause III] Also it is Enacted by the Authority aforesaid, That upon all Exe∣cutions upon Judgments for want of payment of the Arrears of the said Excise, the Effects to be hereafter Attached thereon (be the same Lands, Tenements or Buildings) they shall be deemed and taken as Chattels, and shall be sold by Out-cry to the Person or Persons that will give most for the same, at the Place where the Buildings or Tenements are, or Lands lye; which Out-cry shall be in all Respects as effectual to the Cre∣ditor or Buyer, as if there had been an Appraisment thereof: Any Law, Usage or Custom to the contrary notwithstanding.

Read and pass'd the Council, and consented to by His Excellency, this 12th of July, 1682.

Read and pass'd the Assembly, this 11th of July, 1682, Nemine con∣tradicente.

• Edwin Stede, Deputy Secretary.
• Richard Cartwright, Cl. of the Assemb.

N ^o 287. An ACT for raising Monies to the Fortifications of this Island, and for other Services of His Majesty.

Obsolete.

N ^o 288. An Additional ACT, to an ACT Intituled, An ACT for the Raising Monies for the Fortifications of this Island, and other Services of His Majesty.

Obsolete.

N ^o 289. An ACT for the regulating the Gage of Sugar Cask.

Expired.

N ^o 290. An ACT to revive and continue an ACT, Intituled, A Supplemental ACT to a former ACT for the better Or∣dering and Governing of Negroes; and an ACT Intituled, An ACT for the securing the Possession of Negroes.

Expired.

N ^o 291. An ACT to revive and continue an ACT appointing a Com∣mittee for setling the Publick Accounts of this Island.

Expired.

N ^o 292. An ACT for a Levy upon Wind-Mills.

Obsolete.

N ^o 293. An ACT for the further acommodation of his Excellency in his intended Voyage.

Obsolete.

N ^o 294. An ACT to continue an ACT, appointing a Committee for settling the Publick Accounts of this Island.

Expired.

N ^o 295. An ACT for the ascertaining the Bounds of the several Pa∣rishes, and inclosing the Church-Yards within this Island.

[Clause I] FOr ascertaining the Bounds of the Parishes of this Island, Be it Enacted by his Excellency Sir Richard Dutton, Knight, Captain Ge∣neral, and Governour in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That where the Line or any part of the Line between Parish and Parish is obscure and doubtful,* 1.229 in such Case the Church-wardens of either of the said Parishes concerned, may apply them∣selves to the Governour of this Island for the time being, who is hereby to grant an Order unto Two of the next Justices of the Peace, that neither live, nor have Land in either of the said Parishes, thereby commanding them to cause so much of the said Line as is doubtful, to

be run out by some able Sworn Surveyor or Surveyors: And the said Justices are hereby impowered and required to issue out their Warrant to the Church-wardens of the said Parishes, to appear at a Place and Time, certain to see such Line laid out; and also to such Surveyor or Sur∣veyors, as the said Justices shall think fit, requiring him or them to come at the said Time and Place to run out the said Line; And the said Ju∣stices are also authorized to Summon all such Evidences they shall judge convenient, for clearing upon Oath any Doubts or Matters concerning the said Line; which Oath the said Justices have hereby full power to administer.

[Clause II] And be it further Enacted, That the Charge of running out the said Lines,* 1.230 shall be born by both the said Parishes in such proportion as the said Justices with regard to the clearness of the Right on either side, shall appoint and determine; and if any Evidence or Witness shall fail to appear according to Summons, so that by this means the Matter in Controversy cannnot be decided; The said Justices may appoint ano∣ther Meeting for that Purpose, at the Charge of the Witness or Witnesses so failing, to be levied, in case of Non-payment, by Warrant of Execu∣tion from the said Justices, as in case of Servants Wages.

And where by virtue of the Line or Lines so run as aforesaid, any Parish obtains an increase of Land, by taking in any Plantation or Par∣cel of Land into the said Parish, which was not formerly accounted ap∣purtenant, or part of the said Parish, and paid Dues thereunto; Such Lands shall be from thence-forward obliged to pay its proportion of all Parochial Taxes and Duties which shall be levied or raised in that Parish it becomes a Member of,* 1.231 by reason of the said Survey, and be freed from all Arrears whatsoever: And the Owner thereof shall be Re∣leased or Discharged out of the Parish Books where it was formerly re∣puted to be, or paid for so much Land as he is charged for in the other Parish as aforesaid.

And whereas the Church-Yards in the several Parishes in this Island, do for the most part want a sufficient and substantial inclosure,

[Clause III] Be it Enacted by the Authority aforesaid, That the Church-wardens and Vestries of the respective Parishes, shall take order with all conve∣nient speed for making a good Wall or Pale,* 1.232 or other decent and strong Fence about all Parts of the Church-yards belonging to each Parish, with good Gates or other Passages into the same.

And the said Vestries have power by this Act to lay such Levies and Taxes upon their respective Parishes, as shall be needful to this purpose; which shall be collected in the same manner, and by the same Authority as all other Parish Levies are.

Passed the Assembly, the 16th of March, 1682.

Given under my Hand, this 16th of March, 1682.

• Richard Cartwright, Clerk of the Assembly.
• ...Richard Dutton.

N ^o 296. An ACT for laying an Imposition on Wines and other Liquors imported this Island.

Expired.

N ^o 297. An ACT to revive an ACT, Intituled, An ACT for the Settlement of the Militia of this Island.

Expired.

N ^o 298. An ACT appointing a Committee for setling the Publick Accounts of this Island.

Expired.

N ^o 299. An ACT for holding a Court of Grand Sessions, Oyer and Terminer, general Goal Delivery, and Commission of the Peace in this Island.

Repealed.

N ^o 300. An ACT for more speedy Remedy in Distresses taken Damage fesant, and Trespasses done by Horses, Cattel, and other li∣ving Chattels.

[Preamble.] WHereas it hath been taken into consideration, that frequently very Costly, and sometimes very Tedious Suits at Law do happen upon Replevins of Distresses pretended to be taken Damage fesant, when indeed the Damage hath been little or nothing, and the Distress detained rather to vex and charge the Owner by forcing him to sue Re∣plevin, Than for any Harm done, or Satisfaction hoped thereby, and sundry Evils tending to the impoverishment of the poorer sort, are ob∣served to follow the same. To Prevent the like for the future, and that the Owner of the Distress may not be injured by too long detention thereof, nor the other Party for want of due Satisfaction, and both have Right with the greatest speed, ease and equity, and with the least Cost that may be,

[Clause I] It is hereby Ordained and Enacted by His Excellency Sir Ri∣chard Dutton, Knight, Captain General and Chief Governour of this and other the Charibbee-Islands, and by Authority of the same, That any Per∣son or Persons that shall have any his Horses, Cattel or other living Chat∣tels of what kind soever, taken Damage feasant, or so pretended to be, may repair to the next Justice of the Peace,* 1.233 who is hereby required and impowered upon complaint and request of the Owner, to grant a War∣rant to Summons the other Party before him,* 1.234 to answer the said Com∣plaint; And if upon hearing the matter, and what shall be said on ei∣ther

side,* 1.235 he the said Justice cannot accord the Parties, Then grant a Warrant directed to Three of the Neighbouring Free-holders, them re∣quiring, or any Two of them, to view and appraise the Damage: Vp∣on return whereof,* 1.236 and Oath made by the Appraisers to the said Ap∣praisment; as also Proof made of the payment or tender of what the Damage was appraised unto; which the said Justice hath hereby full power to Administer. Or if the Party detaining, shall not on Sum∣mons appear, or deliver the Goods detained, That then the Justice a∣foresaid shall issue a Warrant instead of a Replevin, to the next or any other Constable of the Parish,* 1.237 where the Distress was taken, him requiring and commanding the said Distress to take, and the same de∣liver and restore to the Complainant. Any Law or Custom heretofore used to the contrary in any wise notwithstanding.

[Clause II] And it is further Enacted by the Authority aforesaid, That if the Party distreining, or any other Person shall to frustrate the effect of this Act, or so convey away such Distress, that the Constable cannot make deliverance according to his Warrant,* 1.238 In such case the Con∣stable shall take such Offender and bring him before the said Justice, to whom if it appear he hath so done, The said Justice shall cause Chat∣tles of the Parties, to the value, to be taken and delivered the Com∣plainant, or in want thereof,* 1.239 shall commit the Offender to Prison there, to remain until the said Distress may be taken, and deliverance made by the Constable as aforesaid. And it shall be lawful for the Justice or his Clerk to receive and take for each Warrant Six Pence in Money, and for each Replevin Twelve Pence in Money.

[Clause III] Provided always, and it is the true intent and meaning hereof, that in case of Distresses for Rent,* 1.240 or pretence of Title, where the Distress is taken, or upon pleading Property to the Goods so distreined, That then the power hereby given the said Justice of the Peace is immediate∣ly to cease,* 1.241 and the Replevin to issue from the Common Law, where the same matter in difference is to be decided and not otherwise.

[Clause IV] And be it further Enacted by the Authority aforesaid, That if any Person or Persons pleading property as aforesaid, doth not upon the Tryal of the Cause make good the same, the said Court, where such Tryal is had,* 1.242 shall tax treble Cost against the Person so failing as afore∣said. Any Law to the contrary notwithstanding.

Read and pass'd the Council, and consented to by his Excellency, the 10th Day of December, 1684.

Read and pass'd the Assembly, the 9th Day of December, 1684, Ne∣mine contradicente.

• Edwin Stede, Deputy Secretary.
• Richard Cartwright, Clerk of the Assembly.

N ^o 301. An ACT to revive an ACT, Intituled, A Supplemental ACT to a former ACT for the better Ordering and Governing of Negroes.

Expired.

N ^o 302. An ACT to continue an ACT, Intituled, An ACT for the settlement of the Militia of this Island.

Expired.

N ^o 303. An ACT to impower Attorneys to confess Judgment upon particular Warrants.

[Preamble.] WHereas it has been a usual and lawful Practice for many of the Inhabitants of this Island, to confess Judgment by Warrant of Attorney directed to some one of the Attorneys of his Majesty's Courts of Common Pleas, therein warranting and desiring them, to appear before a certain Judge, naming the said Judge of his Majesty's Court of Common Pleas held for a certain Precinct of this Island, there before such Judge to confess Judgment, &c.

And whereas it hath lately hapned by Death and Removal of the Honourable the Judges of this Island, from one Court to another, into other Precincts than where they lived at the time of giving such Warrant as aforesaid; it becomes impossible directly for the Attorney to pursue such Warrant, although the true intent and meaning thereof is only re∣lating to the Judgment, and not the precise manner of doing the same.

And whereas many Inconveniencies may thereby arise, in as much as Debtors under those circumstances may either dispute or avoid their Judgments so to be confessed as aforesaid: For prevention of which In∣conveniency,

[Clause I] Be it Enacted by his Excellency Sir Richard Dutton, Knight, Cap∣tain General, and Governour in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That in such Case where any of the Attorneys of his Majesty's Courts of Common Pleas in this Island, have such Warrants of Attorney directed to them, to confess Judgment before such Judge, that is since the giving of the same, dead or removed from the Precincts where he was Judge at the time,* 1.243 It shall and may be lawful for such Attorney or Attorneys by virtue of such Warrant as aforesaid, to confess Judgment for such Sum or Sums of Money or Sugar, as in the said Warrant is contained, before the present Judge of that Pre∣cinct where the Judgment is to be confessed, by virtue of such War∣rant.

Which said Judgment so to be confessed as aforesaid,* 1.244 shall be as firm and binding, and as good and effectual in Law, as if the same had been confessed before the Judge named in the said Warrant.* 1.245 And the At∣torney or Attorneys so confessing Judgment by virtue of such Warrant, is hereby indempnified in so doing: Any Law, Custom or Construction to the contrary notwithstanding.

Pass'd the Council, and consented to by His Excellency, the 19th of March, 1684.

Pass'd the Assembly the 19th of March, 1684.

N ^o 304. An ACT impowering the Committee of Publick Accounts to Col∣lect the Arrears of Labourers.

••••••••••ed.

N ^o 305. An ACT to revive and continue an ACT for the destroying of Wild Monkies and Raccoons.

Expired.

N ^o 306. How Pyrates and Felonies done upon the Sea shall be tried and punished.

[Preamble.] FOrasmuch as several Colonies and Plantations belonging to our most Gracious Sovereign King Charles the Second in America, have been lately infested by a dangerous sort of People called Pirates, who are not only Enemies to them of His Majesty's Settlement, but of all Man∣kind: And for that the Persons said to be Pirates, are most commonly Thieves, Robbers, Murtherers and Man-slayers, and other Misdoers con∣trary to the known Laws. And to the intent that all such that shall be taken in or about this Island, or brought Prisoners hither, may be pro∣ce••ded against according to the Statute made in the Twenty Eighth Year o•• ••••••ry the Eighth, Declaring and Enacting how Pirates on the Seas shall be Tried and Punished.

[Clause I] Be it therefore Enacted by his Excellency, Sir Richard Dutton, Knight, Captain General, and Governour in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That whatsoever Person or Per∣sons that are or shall be taken, sent or brought to this Island Prisoners, for having committed Treason, Felonies, Pyracies or other Offences up∣on the Seas, or in any Creek, Haven or Bay in or about this Island, shall be inquired, heard, tryed and determined in this Island, in such Form and Manner, as if such Offences had been committed, perpetrated and done upon the Land,* 1.246 by virtue of a Commission under His Majesty's Seal appointed for this and other the Charibbee-Islands, signed by His Ma∣jesty's Governour or Commander in Chief here for the time being, im∣powering one Person to be chief Judge, together with Five or more sub∣stantial Persons by him in the said Commission to be appointed, to hear, try and determine the Offences aforesaid, after the common course of the Laws of the Kingdom of England. And such as shall be convicted of any such Offence or Offences, by Verdict, Confession or Process, by Authority of any such Commission, shall have and suffer such Pains of Death, Loss of Lands Goods and Chattels, as if they had been attainted and convicted of any such Crimes and Offences done upon the Land: Any Law or Statute to the contrary notwithstanding.

Read, and pass'd the Council, and consented to by his Excellency, this 10th Day of December, 1684.

Read and pass'd the Assembly, this 10th Day of December, 1684, Ne∣mine contradicente.

• Edwin Stede, Deputy Secretary.
• Richard Cartwright, Cl. of the Assemb.

N ^o 307. An ACT to raise a Sum of Money to farm the Duty of Four and a Half per Cent. upon Commodities of the Produce of this Country Exported this Island.

Obsolete.

N ^o 308. An ACT for laying an Imposition on Wines and other Liquors imported this Island.

Expired.

N ^o 309. An ACT to confirm the Lease of Fontable, unto His Ex∣cellency Sir Richard Dutton, Knight, &c.

Expired.

N ^o 310. An ACT impowering the Committee of Publick Accounts to collect the Arrears of Labourers.

Expired.

N ^o 311. An ACT to revive and continue divers ACTS of this Island.

Expired.

N ^o 312. An ACT for a Levy upon Negroes.

Obsolete.

N ^o 313. An ACT for the Governing and Retaining within this Island, all such Rebels Convict, as by His Majesty's most Sacred Or∣der or Permit, have been, or shall be Transported from his European Dominions to this Place.

Repealed by Act 354.

N ^o 314. An ACT appointing a Treasurer of this Island.

Obsolete.

N ^o 315. An ACT appointing a Committee for setling the Publick Ac∣counts of this Island

Expired.

N ^o 316. An ACT to continue an ACT, Intituled, An ACT for laying an Imposition on Wines and other Liquors imported this Island.

Expired.

N ^o 317. An ACT to revive and continue divers ACTS of this I∣sland.

Expired.

N ^o 318. An ACT for laying an Imposition on Wines and other Strong Liquors imported this Island.

Expired.

N ^o 319. An ACT for laying a Duty on Shipping for the Building of Peers, and clearing the Bar in Carslile Road.

Repealed by Act 430.

N ^o 320. An ACT impowering a Committee to Collect the Laws.

Expired.

N ^o 321.

To the Right Honourable Edwin Stede, His Majesty's Lieu∣tenant Governour and Commander in Chief of this and other the Charibbee-Islands; A Present to him of One Thousand Pounds Sterling.

N ^o 322. An ACT to revive and continue divers ACTS of this Island.

Expired.

N ^o 323. An ACT to continue an ACT, Intituled, An ACT im∣powering a Committee to Collect the Laws of this Island.

Expired.

N ^o 324. An ACT to revive and continue an ACT appointing a Com∣mittee for setling the Publick Accounts of this Island.

Expired.

N ^o 325. An ACT for laying an Imposition on Wines and other Strong Liquors imported this Island.

Expired.

N ^o 326. An ACT to confirm the Lease of Fontabell, to the Ho∣nourable Edwin Stede, Esquire.

Expired.

N ^o 327. An Additional and Explanatory ACT to an ACT, Inti∣tuled, An ACT for the Governing of Servants, and Or∣daining Rights between Masters and Servants.

[Preamble.] WHereas many Disputes have arisen, whether Servants, Labourers and Artificers, and all Persons that by an Act for good govern∣ing of Servants, and Ordaining the Rights between Masters and Ser∣vants, may recover their Wages and Debts arising for Work done a∣gainst the Executor or Administrator, before a Justice of the Peace, as well as they might have recovered the same, against the Testator or In∣testate in their Life-time. For Removing of which Doubts and Dis∣putes,

[Clause I] Be it Enacted and Declared by the Right Honourable Edwin Stede, His Majesty's Lieutenant Governour, and Commander in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by the Authority of the same,* 1.247 That all Persons that by Virtue of the said Act, may Sue the Testator or Inte∣state before a Justice of the Peace, shall have the like Remedy against the Executor or Administrator.

And whereas it is by the said Act provided, that the Debt or Du∣ty recoverable before a Justice of the Peace, shall not be above the Sum of Four Thousand Pounds of Sugar; so that the Ballance of an Account often falls within that Sum, when the Debt is much beyond it.

[Clause II] Be it therefore Declared and Enacted by the Authority aforesaid, That all Persons,* 1.248 the Ballance of whose Accounts for Wages or Work done, doth not exceed the value of Four Thousand Pounds of Sugar, or Five and Twenty Pounds Sterling, may Sue before the Justice of the Peace, as by the Act aforesaid is appointed. And the said Justice of the Peace hath hereby full power to consider of the Value of the Ma∣terials, that any Artificer upon Contract have made use of, together with their Labour not exceeding the Sum aforesaid, as well as by the said

Act they may do of their Labour only: Any Law or Usage to the con∣trary notwithstanding.

Eodem Die Pass'd the Council, and consented to by the Lieutenant Governour.

Pass'd the 15th Day of May, 1688.

N ^o 328. An ACT to revive and continue divers ACTS of this Island.

Expired.

N ^o 329. An ACT for the Governing of Negroes.

[Preamble.] WHereas the Plantations and Estates of this Island cannot be ful∣ly managed, and brought into Use without the Labour and Ser∣vice of great Numbers of Negroes and other Slaves: And for as much as the said Negroes and other Slaves brought unto the People of this Island for that purpose are of barbarous, wild and salvage Natures, and such as renders them wholly unqualified, to be governed by the Laws, Customs and Practices of our Nations. It therefore becoming abso∣lutely necessary, that such other Constitutions, Laws and Orders, should be in this Island framed and Enacted for the good regulating and order∣ing of them, as may both restrain the Disorders, Rapines and Inhuma∣nities to which they are naturally prone and inclined, with such Encou∣ragements and Allowances as are fit and needful to their Support, that from both this Island through the Blessing of God thereon, may be pre∣served, His Majesty's Subjects in their Lives and Fortunes secured, and the Negroes and other Slaves be well provided for, and guarded from the Cruelties and Insolences of themselves or other ill-tempered People or Owners. To which purpose,

Be it Enacted and Ordained by the Right Honourable Edwyn Steed, his Majesty's Lieutenant Governour, and Commander in Chief of this and other the Charribee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That no Master Mistriss, Commissioner or Overseer, of any Family in this Island, shall give their Negroes or other Slaves leave on Sabbath-Days, Holy-Days or any other time, to go out of their Plantations, except such Negro or other Slave as usually wait upon them at Home or Abroad, and wear∣ing a Livery, And no other Negro or Slave, except with a Ticket under the Master or Mistress Hand, or some other Person by his or her appointment, specifying the time allowed for his or her return, upon pain of forfeiting for every Negro or other Slave so licensed to go A∣broad, Two Shillings, and Six Pence Sterling, half of the said Fine to be to the Informer, and the other to the publick Treasury. And if any Master, Mistess, Commssioner or Overseer of a Plantation shall find any Negro, or other Slave in their Plantation at any time, without a Ticket or Business from his said Master and doth not apprehend them, or endeavour

so to do, and having apprehended them, shall not punish them with a Moderate Whipping, shall forfeit Ten Shillings Sterling, to be disposed of as aforesaid.

And for that as it is absolutely necessary to the safety of this Place, That all due care be taken to restrain the Wandrings and Meetings of Negroes and other Slaves at all times, more espcially on Saturday Nights, Sundays and other Holy-days, and their using, and carrying of Clubs, Wooden-Swords, or other mischevious and dangerous Weapons, or using or keeping of Drums, Horns, or other loud Instruments, which may call together, or give Sign or Notice to one another of their wicked De∣signs and Purposes; and that all Masters, Overseers, and others may be encouraged and enjoyned diligently and carefully to prevent the same,

Be it Enacted by the Authority aforesaid, That it shall be lawful for all Masters, Overseers, and other Persons whatsoever, to apprehend and take up any Negro, or other Slave that shall be found out of the Plantation of his, or their Master or Owner, at any time, especially on Saturday Nights, Sundays or other Holy-days not being on lawful busi∣ness, and with a Letter from their Master, or a Ticket, or not having a white Man with them (except only such Negroes or other Slaves as usually attend their Masters, and have on a Livery) and the said Negro or other Slave or Slaves, correct by a moderate Whipping; and after Notice given to their Master, Owner or Overseer, him or them detain, until the said Master, Owner or Overseer pay to the said Person that took him up, Two Shillings and Six Pence for every such Negro or other Slave; he making Oath before the next Justice of the Peace (if thereunto required) by the Owner of such Negro or other Slave, that he found or saw no Letter or Ticket with him, as also any Negro or other Slave or Slaves met or found out of the Plantation of his or their Master or Mistress, though with a Letter or Ticket, If he or they be armed with such Clubs or other Offensive Weapons aforesaid, him or them so disarmed, take up and whip, and shall receive the same Reward as aforesaid, from the Master or Owner of such Negro or other Slave or Slaves; And what∣soever Master, Owner or Overseer shall permit or suffer his or their Ne∣gro or other Slave or Slaves, at any time hereafter to beat Drums, blow Horns, or use any other loud Instruments, and shall not cause his Negro-Houses once every Week to be diligently searched, and such Instruments if any be found, cause to be burned; or whosoever shall suffer and countenance any publick Meeting or Feasting of Strange Negroes or o∣ther Slaves in their Plantations, shall forfeit Fifty Shillings Sterling for e∣very such Offence, upon Conviction, or Proof as aforesaid, Provided an Information or other Suit be commenced within One Month after For∣feiture thereof for the same.

And be it further Enacted by the Authority aforesaid, That every Overseer of a Family in this Island, shall cause all his Negro Houses to be searched diligently and effectually once every Fourteen Days for Fu∣gitive and Run-away Slaves, Clubs, Wooden-Swords, and other mis∣chievous Weapons; and finding any so, to take them away, and cause them to be burned; as also For Cloaths, Goods and any other things and Commodities that are not given them by their Master, Mistress, Com∣mander or Overseer, and honestly come by; in whose Custody they find any thing of that kind, and suspect or know to be Stolen Goods, the same they shall seize and take into their Custody; and a full and ample

Description of the particulars thereof in Writing, within Six Days after the Discovery thereof, to send to the Clerk of the Parish for the time being, who is hereby required to receive the same, and to enter upon it the Day of its Receipt, and the particulars to file and keep to himself; and shall set upon the Posts of the Church Door, a short Brief that such lost Goods are found; whereby any Person that hath lost his Goods, may the better come to the Knowledge where they are, by further en∣quiring for Stollen Goods, until he shall first declare what he hath lost, and the Marks and Descriptions thereof, and paid him Twelve Pence for the same; by which, if the Clerk shall be convinced, That any part of the Goods certified to him to be found, appertains to the Party en∣quiring, he is to direct the said Party enquiring, to the 〈◊〉〈◊〉 and Party where his Goods be, who is hereby required to make 〈…〉〈…〉 ••f what is in being, to the true Owner, upon the Penalt•• 〈…〉〈…〉 Forfeitures of Twenty Shillings Sterling for every neglect by ••••e Overseer or Clerks a∣foresaid in any of the particulars aforesaid.

And for the more effectual detecting and punishing such Persons that trade with any Slaves for Stollen Goods,

Be it further Enacted, that where any Person shall be suspected to trade as aforesaid, any Two Justices of the Peace, or the Justices of the Quarter Sessions of the Peace, shall have power to take from him suf∣ficient Recognizance not to trade with any Slaves contrary to the Laws of this Island; and if it shall afterwards appear to the Justices of the Quarter Sessions, that such Person hath, or hath had, or Shipped off any Goods suspected to be unlawfully come by, such Person being called before the Justices at the next Quarter Sessions following, shall there be obliged to make reasonable Proof of whom he bought, or how he came by the said Goods; and unless he do it, his Recognizance shall be forfeited.

And be it further Enacted and Ordained, That if any Negro or Slave whatsoever, shall offer any Violence to any Christian, by striking or the like, such Negro or other Slave shall for his or her first Offence, by Information given upon Oath to the next Justice, be severely whip∣ped by the Constable, by Order of the said Justice. For his Second Of∣fence of that nature, by Order of the Justice of Peace, he shall be se∣verely whipped, his Nose slit, and be burned in some part of his Face with a Hot Iron. And for his Third Offence, he shall receive by Order of the Governour and Council, such greater Punishment as they shall think meet to inflict. Provided always, That such Striking or Con∣flict be not in the Lawful Defence of their Master's, Mistresses or Own∣ers of their Families or of their Goods.

And it is hereby further Enacted, That all the Slaves within this Island, shall have Cloaths once every Year (that is to say) Drawers and Caps for Men, and Petty-Coats and Caps for Women, upon pain of Forfeiting Five Shillings for each Slave that shall not be cloathed as aforesaid; one Third to the Informer, the other Two Thirds to His Ma∣jesty, for the use of the Poor of the Parish where the Offender liveth.

And it is further Enacted by the Authority aforesaid, That all Persons who shall hereafter take up any Run-away or Fugitive Negro, or other Slave or Slaves, not knowing the Master or Owner of such Ne∣gro or Slave, and shall bring them unto the Provost-Marshal or his De∣puty, shall receive Ten Shillings Sterling from the Treasurer for the time being, who is hereby appointed to pay the same: And in case he shall refuse to make the said Payment upon presentment of the said Negro, or

other Slave or Slaves, and thereof Oath to be made before any Justice of the Peace, the said Justice is hereby authorized and required, to direct his Warrant to any Constable, to cause the Value thereof to be imme∣diately levied out of the Goods of the said Treasurer, and the said Goods to be delivered to the said Party. And the Negroes so brought, shall be kept in the Cage at the Stepping-Stones by the Provost Marshal, and not in Goal; which said Cage is always to be kept in sufficient Repair, at the Publick Charge of this Island.

And be it further Enacted by the Authority aforesaid, That it shall and may be lawful for the said Provost Marshal, to retain and keep in his Custody as aforesaid, the Body of all such Run-aways, until the Owner of them shall pay unto the said Treasurer, Eleven Shillings Ster∣ling; and also unto the said Provost Marshal, Four Pence for every Four and Twenty Hours the said Fugitive Slave hath been in his Custody, and also until he have a Discharge under the Hand of the said Treasurer or his Clerk. And the Turn-Key shall receive Six Pence for every Negro delivered: Provided always, That the said Provost Marshal do fur∣nish the said Negroes and other Slaves, with sufficient Food and Drink, which is to be proved upon Oath, if by the Owner of the Negro or o∣ther Slaves it shall be so required to be done.

And it is further Enacted by the Authority aforesaid, That if any of the said Slaves shall dye for want of Food, the said Provost Mar∣shal shall be responsible for them to the Owners: And if the said Mar∣shal suffer any Slave to escape before he be duly delivered by a Discharge in Writing under the Hand of the abovesaid Treasurer, the Provost Mar∣shal shall pay unto him the aforesaid Treasurer, Eleven Shillings, and shall make further Satisfaction to the Owner, as by the Governour and Council shall be thought fit: And if the said Provost Marshal shall suffer any Slave to be otherwise employed out of the Cage, before due Deli∣very as aforesaid, he shall forfeit for each Slave so suffered as aforesaid, to the Owner thereof, the Sum of Five Pounds Sterling.

And be it further Enacted by the Authority aforesaid, That all such Persons as shall apprehend and bring down any Run-away Slave or Slaves to St. Michael's Town, unto the Treasurer for the time being, or to the Cage, shall upon such bringing down of such Run-away Slave or Slaves, deliver upon Oath to the said Treasurer, or in case of his Sick∣ness or Absence, to any Justice of the Peace, to be by him returned to the Treasurer's Office (before he shall receive the Consideration before appointed) an Account of his Name and Place of Aboad, with the Time when, and Place where he apprehended such Fugitive Slave or Slaves; And that he knew of no Ticket the Negro had, nor the Owner of such Ne∣gro or Slave, which the said Treasurer is hereby required to take and enter into a Book; to the intent that all Owners of Slaves may come to the right Knowledge and Understanding when their Slaves were Appre∣hended, and by whom, and whether they might be wrongfully taken up, or not; and that the Keeper of the Cage at the delivery of any Slaves, do take a Receipt of the Person to whom delivered, and there insert the Mark or Description of the Slave delivered.

And whereas divers Evil and Ill-disposed Persons, have hitherto at∣tempted to steal away Slaves by specious Pretence of promising them Free∣dom in another Country, against which pernicious Practices, no Punish∣ment suitable hath been yet provided,

Be it therefore Enacted and Ordained by the Authority afore∣said, That what Person soever shall directly or indirectly at any time af∣ter Publication hereof, tempt or perswade any Negroes or other Slaves to leave their Masters or Mistresses Service to whom they are Slaves, out of an Intent and Design to carry away any of them off this Island, or to conceal or Entertain any of them upon this Island, or howsoever to defraud the said Masters or Mistresses of them, and be thereof convicted by their own Confession, or the Oath of One Credible Witness, shall be by the Two next Justices of the Peace where the Injured Person lives, whereof One to be of the Quorum, adjudged to pay the Master of the said Negro or other Slave, Five and Twenty Pounds Sterling, to be le∣vied as in the case of Servants Wages: But in case the Party offending shall not be found worth Lands, Goods or Chattels, to the value afore∣said; then shall the Justice for so long time as will recompence the Party injured for the Twenty Five Pounds aforesaid, adjudge him Servant for Five Years to the Party injured, and so deliver him over to him, and make a Record thereof. But if any Man shall so tempt and practise with any Persons, Negroes or other Slaves, and them actually so at∣tempted, convey away, or send off the Island, and be after Apprehended and convicted for the same in this Island, he shall be by the Two next Justices of the Peace as aforesaid, condemned to pay the Owner of such Negro or other Slave, Three times the Value of him or them, and Exe∣cution for the same from the Two Justices, to issue accordingly, as in the case of Servants Wages: And if the Person so offending, has no Estate, then he shall be ordered by the Justices to serve the Party injured as a∣foresaid.

And whereas many heinous and grievous Crimes, as Murders, Bur∣glaries, Robbing in the High-ways, Rapes, Burning of Houses or Canes, be many times committed by Negroes and other Slaves, and many times maliciously attempted by them to be committed, in which, though by divers Accidents they are prevented, yet are their Crimes nevertheless heinous, and therefore deserve the like Punishment: And also do many times Steal wilfully, Kill, Maim or Destroy one or more Horses, Mares, Geldings, Cattel, Sheep or other Quick or Dead thing of the like na∣ture, and of the Value of Twelve Pence or above: And many times by attempting to steal from the Inhabitants of this Island, Stock and other Goods before-mentioned, of above or under the value aforesaid, do put such Inhabitants or some of his Family in Terror, Dread and Jeopardy of their Lives, which several Offenders for danger of Escape, are not long to be imprisoned: And being Bruitish Slaves, deserve not, for the Base∣ness of their Condition, to be tried by the Legal Trial of Twelve Men of their Peers or Neighbourhood, which neither truly can be rightly done as the Subjects of England are, nor is Execution to be delayed to∣wards them, in case of such horrid Crimes committed.

It is therefore Enacted and Ordained by the Authority afore∣said, That when any such Crime as aforesaid, shall be committed, or at∣tempted to be committed, by any Negroes, Slave or Slaves, and the said Criminals be apprehended and brought before any of His Majesty's Ju∣stices of the Peace within this Island, and the Justices before whom the Criminals are brought, shall take Security for their forth coming, or send them to Prison, and with all convenient speed, shall join with him the next Justice of the Peace; And these Two shall by their Warrant or Precept, call to them Three Able, Good and Legal Free-holders of the

Place nearest where the said Crimes were committed, and these Five Per∣sons, viz. The Two Justices and the Three Freeholders, shall hear and examine all Evidences, Proofs and Testimonies, or by violent Circum∣stances they shall find such Negro or other Slave or Slaves guilty thereof, they shall give Sentence of Death upon them accordingly, the said Free∣holders being first Sworn before the Two Justices, who are hereby im∣powered to administer the same, and forthwith by their Warrant cause Execution to be done upon such Negro or Negroes, Slave or Slaves, by some Negro to be pressed for that purpose, by some Constable, to be appointed by Warrant from the said Justices.

It is further Provided, That if any Free-holder shall make de∣fault to appear upon such Summons before the Justices, as is before men∣tioned, or appearing, refuse to joyn with them as is before appointed, and do shew no Cause for such Default, to be approved by the said Ju∣stices, then the aforesaid Justices do set a Fine upon him of Fifty Shil∣lings Sterling, forthwith by their Warrant or Precept to the next Con∣stable, or what Constable they shall think fit, to levy the same upon the said Freeeholders, their Goods or Chattels accordingly. And if any Per∣son shall send off his Negro that hath killed another, he shall pay unto the Master of such Negro, the Value of such Negro so killed as afore∣said. And in regard great Mischiefs daily happen by the Petty Lar∣cenies, committed also by the Negroes and Slaves of this Island,

Be it therefore Enacted by the Authority aforesaid, That if any Negro or other Slave shall hereafter steal or destroy any Goods, Chat∣tels and Provisions, Canes or green Corn whatsoever of any other Per∣sons than his Master's or Mistresses, being under the value of Twelve Pence, every Negro or other Slave so offending, and being brought before some Justice of the Peace of this Island, upon Complaint of the Party injured, and shall be adjudged guilty by Confession, Proof or probable Circumstances, such Negro or Slave so offending (excepting Children, whose Punishment is left wholly to the Discretion of the said Justice, shall be adjudged by such Justice to be publickly and severely whipped, not exceeding Forty Lashes; and the said Justice shall order and cause the Owner of such Ne∣gro or other Slave, to make Satisfaction to the Party injured; and if such Negro or other Slave punished as aforesaid, be afterwards found guilty of the like Crimes aforesaid, under the value of Twelve Pence as afore∣said, he or they for such, his or their Second Offence, shall by Order of the Justice of Peace before whom such Complaint and Proof is made, have his or their Noses slit, and be branded in the Forehead with a hot Iron, that the Mark thereof may remain: And the said Justices shall or∣der the Owner of such Negro or other Slave, to make Satisfaction to the Party injured, double the value of what his Loss shall appear: And if such Negro or other Slave after the Second time as aforesaid, be accused of Petty Larceny, or of any of the Offences before mentioned, such Ne∣gro or other Slave shall be tried in such manner as Murther, Burgla∣ry, &c. are provided for to be Tryed; and if such Negro or other Slave as shall be Tryed, shall be found guilty a Third time of any the Of∣fences afore-mentioned, then such Negro or other Slave for that Third Offence, shall be adjudged to suffer Death, in the manner as is appointed in Cases of Murder as aforesaid; or other Punishments as the said Justices shall think fit. And in case the said Justices and Freeholders, and any or either of them, shall neglect or refuse to perform the Duties by this Act

required of them, they shall severally for such their respective Defaults, forfeit the just Sum of Five and Twenty Pounds Sterling.

And it is further Enacted, Ordained and Published by the Au∣thority aforesaid, That if any Negroes or other Slaves, shall make Muti∣ny or Insurrection, or rise in Rebellion against this Place or People, or make preparation of Arms, Powder, Bullets, or Offensive Weapons, or hold any Council or Conspiracy of, or raising Mutiny or Rebellion a∣gainst this Island, as hath been formerly attempted; that then for speedy Remedy thereof, the Governour of the Island, or Superior Officer for the time being, appoint a Colonel and the Field Officers of the Regiment of this Island, or any Four of them, to meet in Council, and proceed by the Marshal Law against the Actors, Contrivers, Raisers, Fomenters and Concealers of such Mutiny or Rebellion, and them punish by Death or other Pains as their Crimes shall deserve; As to the aforesaid Colonel and Field Officers, or any Four of them shall seem fit. Now forasmuch as the Loss of the Negroes and other Slaves that shall suffer Death by this Act, would prove so heavy for the Owner of them only to bear, and that the Owners of Negroes may not be discouraged to detect and discover the Offences of their Negroes; and that the Loss may be born by the Publick, whose safety by such Punishments is hereby provided for and intended.

Be it Enacted and Ordained by the Authority aforesaid, That in all cases whatsoever, where any Negro or other Slave, by the appoint∣ment and Provision of this Act shall suffer Death, then shall such Justices and Freeholders, Colonel and Field Officers, who adjudged such Negro or other Slave to suffer Death, immediately after Sentence thereof given, inquire by the best means they are able, of the Value of such Negro or other Slave, in which Value they shall never exceed the Sum of Five and Twenty Pounds Sterling, for any One Negro or other Slave, and also the Damage of the Party injured, and make Certi∣ficate thereof to the Treasurer for the Time being, therein requiring the said Treasurer to pay out of the Value of the said Negro or Negroes, the Value of the Damage to the Party injured: And the Overplus if any be, to the Owner or Owners of such Negro or other Slaves; and if there be no Party injured, then the whole Value to the Owner or Owners of the said Negroes or other Slaves, and if there be no Party injured, then the whole Value of the Danger or Dangers of the said Ne∣groe or other Slave out of the Publick Treasury of this Island. But in regard there are some Masters and Owners of Negroes and other Slaves in this Island, who do not make sufficient Conscience of providing what is necessary for their Negroes or other Slaves, or allowing them time to Plant or Provide for themselves; for which cause such Negroes or other Slaves, are necessitated to commit Crimes contrary to the Law; and yet the safety of this Island requiring, that such Negroes and other Slaves shall suffer as the Law hath appointed, rather than the poor Inhabi∣tants of this Island be ruined, and driven from hence by their means. That therefore such Masters and Owners of Negroes and other Slaves whose neg∣lect of Negroes and other Slaves, makes them in some measure guilty of their Crimes, may not be countenanced therein at the Charge of the Publick.

Be it hereby further Enacted by the Authority aforesaid, That the Justices and Freeholders appointed as aforesaid, to enquire into the Va∣lue of such Negro or other Slave as they shall sentence to Death, shall also further enquire by Witnesses examined on their Oaths, or by their good Information, how the Owner or Owners of such Negro or other Slave,

condemned as aforesaid, was provided with Provision and other Necessa∣ries, and what Allowances those Negroes and other Slaves had received. And if it shall appear to the said Justices and Freeholders, or the Major part of them, that the said Master or Owner had not provided rea∣sonably and as is generally accustomed for Negroes and other Slaves, and that necessity might have compelled the said Negro or other Slave to the Offences they have committed, Then and in that case, the Justices and Freeholders as aforesaid, shall certify the same to the Treasurer afore∣said, and only appoint the said Treasurer to pay the Damage to the Par∣ty injured, out of the Value of the said Negro or other Slave, and no∣thing to such Master or Owner. And if the Treasurer for the time be∣ing (having sufficient Publick Stock in his Hands) shall fail to make Sa∣tisfaction and Payment to such Master or Owner of any Negro or other Slave, he having the Governour's Warrant for the same, the Party injured shall have an Action of Debt upon such Certificate as aforesaid, against the said Treasurer in the Court of Common Pleas for the Precincts of St. Michael's, &c. And the Treasurer being thereto duly summoned, shall at the First Court after Summons, plead and come to Tryal, or else Judg∣ment to pass against him by Default; and after Judgment, Execution im∣mediately to issue for Satisfaction. And in regard the Planters necessity doth compel them for the Managemnt only of their Lands, to keep so vast a Stock of Negroes and other Slaves, whose desperate Lives and great Numbers become dangerous to them, and all other the Inhabitants. That therefore such who are not bound up by that necessity in having Plantations of their own, and hired Land, may not increase the danger to this Island, by keeping Negroes or other Slaves to hire out to others,

Be it therefore Enacted by the Authority aforesaid, That no Person of the Hebrew Nation residing in any Sea-Port Town of this Island, shall keep or imploy any Negro or other Slave, be he Man or Boy, for any Use or Service whatsoever, more than one Negro or other Slave, Man or Boy to be allowed to each of the Persons of the said Nation, except such as are Denizen'd by His Majesty's Letters Patents, and not otherwise, who are to keep no more than for their own use, as shall be approved by the Governour, Council and Assembly: And if any Negro, Man or Boy, more than is before allowed by this Act, shall be found Three Months after Publication hereof, in the Custody, Possession or Use of any the Per∣sons aforesaid, then every such Person or Persons, shall forfeit such Negro or other Slave, one Moyety of the Value thereof to whomsoever shall inform, and the other Moyety to His Majesty, to the Uses in this Act appointed.

And whereas divers Negroes and other Slaves at this present are, and have been long since run away into Woods and other Fastness of this Island, doing continually much Mischief to the Inhabitants of this Island, hiding themselves sometimes in one Place, and sometimes in another, so that they are not to be found without much difficulty,

Be it therefore Enacted, That from and after Publication hereof, it shall and may be lawful for any Justice of the Peace, Constable or Captain of a Company within this Island, that shall have notice of the Residency or Hiding-place of any Run-away Negroes, or other Fugi∣tive Slaves, to Raise and Arm any number of Men, not exceeding Twen∣ty, to apprehend and take them, either Alive or Dead. And for every Negro or other Slave that they shall take alive, having been run away above Six Months from his Master, they shall receive Fifty Shillings Ster∣ling; and for every Negro or other Slave that they shall take alive, having

been run away above Twelve Months Five Pound from the Master or Commanders of the said Negro or other Slave; if killed in taking, they shall receive Fifty Shillings Sterling from the Publick; any Act or Statute heretofore to the contrary notwithstanding.

And it is further Enacted and Ordained by the Authority afore∣said, That if any Negro or other Slave under Punishment by his Master or his Order for running away, or any other Crimes or Misdemeanors towards his said Master, unfortunately shall suffer in Life or Member, which seldom happens; no Person whatsoever shall be liable to any Fine therefore. But if any Man shall of wantonness, or only of Bloody Mindedness, or Cruel Intention, willfully kill a Negro or other Slave of his own, he shall pay into the Publick Treasury, Fifteen Pounds Ster∣ling: But if he shall so kill another Man's, He shall pay to the Owner of the Negro, double the Value, and into the Publick Treasury, Twen∣ty Five Pounds Sterling. And he shall further by the next Justice of the Peace, be bound to the good Behaviour during the Pleasure of the Go∣vernour and Council, and not be liable to any other Punishment or Forfeiture for the same; neither is he that kills another Man's Negro or other Slave by Accident, liable to any other Penalty but the Owner's Ac∣tion at Law. But if any poor small Freeholder or other Person, kill a Negro or other Slave by Night, out of the Road or Common Path, and Stealing, or attempting to Steal, his Provision, Swine or other Goods, he shall not be accountable for it: Any Law, Statute or Ordinance to the contrary notwithstanding.

And be it further Enacted by the Authority aforesaid, That all the Fines and Forfeitures arising by this Act, shall be to His Majesty for the use of this Island, according to such uses and proportion that in the afore∣said Clauses are respectively appointed; and such thereof as are not o∣therwise limited and appointed in this Act, as are above the Sum of Five Pounds Sterling, shall be recovered by Bill, Plaint or Information, in any of his Majesty's Courts of Record within this Island; and such as are of the Sum aforesaid, or under, shall be recovered before any Justice of the Peace within this Island, who is hereby required to grant Execution for the same, as in the case of Servants Wages, Provided the same be commenced within Thirty Days after the same be forfeited.

And lastly, to the intent this Act and every Clause and Branch there∣of may receive full Execution, and no Person plead Ignorance therein,

It is Enacted and Ordained by the Authority aforesaid, That this Act be Read and Published in all the respective Parish Churches in this Island, the first Sunday in February, and the first Sunday in August in e∣very Year ensuing.

And be it further Enacted by the Authority aforesaid, That all Acts heretofore made concerning, or any ways relating to the Governing of Negroes, Enacted before the Date of this Act, shall be Repealed, and are hereby Repealed to all Intents and Purposes whatsoever.

Read and pass'd the Council, and consented to by the L. Governour, the 8th of August, 1688.

Pass'd the Assembly, the 10th of July, 1688.

N ^o 330.

To the Right Honourable the Lieutenant Governour, A Present of One Thousand Pounds Sterling.

N ^o 331. An ACT for binding out, and Ordering Poor Apprentices.

[Preamble.] WHereas many Disorders have happened between Apprentices and their Masters, sometimes occasioned by the Masters, but most commonly by the idleness and loosness of the Apprentices, which has grown the more frequent, for want of a declared Method in punishing the Idle, and relieving the Injured Apprentice.

[Clause I] Be it therefore Enacted by the Right Honourable Edwin Stede, His Majesty's Lieutenant Governour and Commander in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assem∣bly of this Island, and by Authority of the same,* 1.249 That from and after the Publication of this Act, it shall and may be lawful for any Boy or Girl within this Island, under the Age of one and Twenty Years by In∣denture under Hand and Seal, to contract, agree and bind him or her∣self an Apprentice to any Person exercising a Trade, Calling or Hus∣bandry within this Island, for and during any Term, until they shall arrive unto the Age of One and Twenty Years,* 1.250 Provided the said Con∣tract and Agreement be made by and with the Consent of one of the Parents of the said Boy or Girl so to be bound Apprentice as aforesaid. And in case the Parents of each Boy or Girl be dead,* 1.251 then by and with the Consent and Approbation of the next Justice of the Peace to the Place where the Parents of the said Boy or Girl lived, and the Church-warden of that Parish. Which Justice and Church-warden are hereby required to examine the Master or Mistress, what Trade, Calling or Oc∣cupation he or she is of, and consider whether the said Boy or Girl so to be bound Apprentice as aforesaid, be fit for such the Trade, Calling or Occupation of such Master or Mistress.* 1.252 And if it appear to the said Justice and Churchwarden, that the said Boy or Girl be fit for such Trade, Calling or Occupation, then the said Justice and Church-warden are to see the said Master or Mistress, and the said Boy or Girl, Sign, Seal and Deliver the Indentures of Apprentiship interchangeably, and set their Hands to an Indorsement thereupon, signifying their Approbation there∣of. And all such Indentures of Apprenticeship so Signed and Sealed by any Boy or Girl under the Age of One and Twenty Years, with the Consent of the Parents, Justice of the Peace and Church-warden afore∣said, shall be sufficient to oblige the said Boy or Girl to serve his Master or Mistress the Term, and to do and perform the Covenants and Agree∣ments therein specified, as well and effectually, to all Intents and Pur∣poses, as if the said Boy or Girl were above the Age of One and Twen∣ty Years at the Sealing thereof: Any Law to the contrary notwithstand∣ing.

[Clause II] And be it further Enacted by the Authority aforesaid, That if any Apprentice already Bound, or any Apprentice to be bound in man∣ner aforesaid, shall after Publication of this Act, neglect or refuse to serve

his or her Master or Mistress, according to their Contract or Agreement, Then and in such case, the Two next Justices of the Peace to the Place where the Master or Mistress liveth, upon Complaint made to them by the Master or Mistress,* 1.253 or some Person on their Behalf, shall enquire into the Matters complained of, and if they find the Apprentice faulty, con∣trary to his or her Contract, and the Duty of an Apprentice, They shall order him or her to be whipped by the Constable, according to his or her Demerits.* 1.254 But if such Apprentice shall be complained of, and found guilty a Second time, he or she shall by order of the said Justice, be severely whipped by the Constable, not exceeding One and Twenty Lashes:* 1.255 And for the Third Offence, he shall receive One and Twenty Lashes, or be sent to Goal, there to suffer Imprisonment for one Months and receive Ten Lashes by the Goaler every Saturday in the Af∣noon, during the time he or she is imprisoned, as aforesaid: For which one Months Imprisonment and Diet during that time, the Goaler shall receive Twenty Shillings and no more, to be paid him by the Church-warden of the Parish where the Offender was an Apprentice, Provided the Goaler doth prove, that he hath punished the Apprentice according to this Act.

[Clause III] And be it Enacted by the Authority aforesaid, That if any Master or Mistress shall hereafter abuse or inhumanely beat or punish any Ap∣prentice, or shall not allow them fit and convenient Meat, Drink and Apparel at the least, according to the Allowance that by Law is allow∣ed unto bought Servants, or shall imploy them in hard Labours contrary to their Trade or Agreement, Then and in such case, upon the Com∣plaint of the Apprentice to the next Two Justices to the Place where the Master or Mistress liveth, the said Justices shall grant their Warrant for the Master or Mistress to appear before them;* 1.256 And if upon Enquiry they shall find the Master or Mistress faulty, either in too much Cor∣rection for small Faults in the Apprentice, or in not allowing sufficient Cloathing and Provisions as aforesaid, or in imploying them in hard La∣bours, contrary to their Trade and Agreement; The said Justices shall take Security for the Appearance of the said Master or Mistress, at the next Quarter-Sessions of the Peace to be held for the Parish where the said Justice lives. Where upon Enquiry if the said Justices at the Quar∣ter-Sessions shall find him or her to have been severe against the said Ap∣prentice without sufficient Cause, or that he or she have not used to al∣low sufficient Cloaths and Provisions to their said Apprentice complaining as aforesaid, or that they have imployed them in hard Labour contrary to their Trade or Agreement,* 1.257 The said Justices are hereby impowered in such Cases, to set the said Apprentice free from his or her Master or Mi∣stress; Any Indenture, Contract or Agreement whatsoever notwithstand∣ing. But in case it shall appear to the Justices first complained to by the Apprentice as aforesaid, That the said Apprentice had not just cause of Complaint, the said Justices shall, if they think fit, order the said Ap∣prentice to receive Ten Lashes to be given by the Constable for such his unjust Vexation.* 1.258

[Clause IV] And be it further Enacted by the Authority aforesaid, That it shall and may be lawful for any Two Justices of the Peace within this Island,* 1.259 to bind out any loose, idle or unsetled Persons under the Age of One and Twenty Years, to Apprenticeship, for any Term, until he or she ar∣rive unto the Age of One and Twenty Years; wherein the said Justices shall observe and proceed in such manner as is appointed by a good and

wholesome Statute made in the Fifth Year of the Reign of Queen Eli∣zabeth of ever blessed Memory, Chap. 4.* 1.260

[Clause V] And be it further Enacted by the Authority aforesaid, That when any Apprentice shall for ill Usage of his Master or Mistress, be set free by the Quarter-Sessions as aforesaid is provided, It shall and may be lawful for the next Justice of the Peace to the Place, where the Appren∣tice lived, together with the Church-warden to bind out the said Appren∣tice so freed as aforesaid, to some other Person to serve the remaining part of the Term which he or she was to serve at the time of his setting Free as aforesaid.

And all Constables that shall refuse to perform his or their Duty, as by this Law is required of him, either by himself or some Person pro∣vided by him for that purpose, Shall forfeit for each Refusal,* 1.261 Forty Shillings to be levied upon his Goods and Chattels, by Warrant from the Justice whose Order he disobeyed, as in the case of Servants Wages, to be to His Majesty, his Heirs and Successors, for the Defence of this I∣sland.

[Clause VI] And be it further Enacted, That if any Person Marry any Girl that is Apprentice,* 1.262 without the Consent of the Master or Mistress of such Apprentice, he shall pay unto the Master or Mistress Five Pounds Ster∣ling per Annum, for and during the remaining part of the time she hath to serve, to be annually levied by Warrant from the next Justice of the Peace to the Place where the Master or Mistress liveth, as in case of Ser∣vants Wages: And if the Person offending hath not Effects to pay the said Five Pounds per Annum, he shall be ordered by the said Justice to serve the said Master or Mistress the time unexpired of the Term aforesaid.

Read and pass'd the Council, and consented to by the Lieutenant Governour, the 3d of Octob. 1688.

Pass'd the Assembly, the 2d of October, 1688.

N ^o 334. An ACT to revive and continue an ACT for laying an Im∣position on Wines and other strong Liquors imported this Island.

Expired.

N ^o 335. An ACT for the better Regulating of Outcries in Open Mar∣ket.

WHereas great Inconveniences have daily hapned to Debtors that have their Negroes, Cattel, Coppers and Stills, and other Chat∣tels brought by Execution to open Market to be outcryed, whereat the said Marshals have set the said Negroes, Cattel, Coppers and Stills and other Goods in great Lots or Numbers to be sold; so that only Ready Money and Rich Men are able to buy them; whereby for want of Bidders, the said Negroes, Cattel and Coppers, Stills and other Goods are often bought at under Rates and Value. Wherefore for Prevention of the said Inconveniences for the future,

[Clause I]

Be it Enacted by the Right Honourable Edwin Stede, His Majesty's Lieutenant Governour, and Commander in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That the Marshal or other Deputed Officer of every Court in this Island, upon Attachment of any Negro Slaves, Cattel, Coppers, Stills or other Chattels by virtue of any Execution for above One Hundred Pounds Sterling,* 1.263 or the Value thereof,* 1.264 that shall be after the Publication of this Act taken out, shall set up Four Days at the furthest after Attachment as aforesaid, notice in Writing upon the Court Door of each and every Precinct within this Island, of the Negroes, Cattel, Coppers, Stills or other Goods so At∣tached as aforesaid, and the Place and Time when and where they are to be sold;* 1.265 which Sale shall be at some time between Ten and Four∣teen Days after Attachment as aforesaid, to the end Persons intending to buy, may have timely notice thereof.

And when the Negroes, Cattel, Coppers, Stills or other Chattels afore∣said to be Attached as aforesaid, shall be brought to Market, the Debtor or his Assigns shall have free Liberty to dispose the Goods so attached into Lots, as he shall think most convenient for his Interest. But if the Debtor shall neglect or refuse so to do, the Marshal is hereby required to dispose the Negroes and other Chattels aforesaid,* 1.266 into Lots, not exceeding the number of Five Negroes in one Lot; unless it happen that there be more than Five of one Family of Negroes; in which case it shall be lawful for the Marshal to sell a whole Family in one Lot: And also the Marshal is hereby required not to sell above Five Head of Cattel,* 1.267 and one Copper, or one Still in one Lot, unless otherwise appointed by the Debtor. And all other Chattels the Marshal shall to the best of his Judgment estimate and dispose of into Lots, not exceeeding the Value of Fifty Pounds Sterling in each Lot,* 1.268 unless therein also otherwise di∣rected by the Debtor.

[Clause II] And it is further Enacted by the Authority aforesaid, That no Out-cries of Sales aforesaid,* 1.269 shall be had or made at Plantations or in any other Places, but in open Market only; except Timber, Sugar-Pots, Drips and other ponderous and heavy Goods too troublesome to be removed out of the Plantation to open Market.

And whereas the Fees of the respective Marshals of the said Courts for levying Executions, have been hitherto variously construed, to the great injury of many of the Inhabitants of this Island, sometimes com∣puting the said Fee in Sugar, but most commonly in Money, which proves very inconvenient: For Remedy of which various Construction for the future,

[Clause III] Be it Declared and Enacted by the Authority aforesaid, That the Marshal levying any Execution,* 1.270 shall for the future computing and taking his Fee aforesaid, commute the Moneys, if the Execution be in Moneys, into Sugar at Twelve Shillings and Six Pence per Hundred, and shall charge Four per Cent. for the First Thousand Pounds of Sugar, Three for the Second,* 1.271 and Two per Cent. for all above; which Fee being thus computed, the Marshal shall receive in Money at Twelve Shillings and Six Pence per Hundred and no more.

And to the end the Officers of the several Courts of this Island may not extort more for their respective Fees, than by Law is established for them, and that the Inhabitants may the better know what Fees are appointed to be paid,

[Clause IV]

Be it Enacted and Ordained by the Authority aforesaid, That e∣very respective Officer in this Island,* 1.272 shall set up in their respective Of∣fices, a fair Table of the Fees, that by the Laws of this Island are al∣lowed them.* 1.273 And whatsoever Officer shall presume to exact or ex∣tort more than by the Laws aforesaid are allowed, shall forfeit Fifty Pounds Sterling, one half to His Majesty for the use and defence of this Island, and the other half to the Informer that shall sue for the same; and for ever after Conviction thereof, be hereby deemed uncapable to execute that Office. And what Marshal or other Officer soever, shall neglect to set up and continue the Table of their Fees in their respec∣tive Offices in this Island within One Month after Publication hereof, shall for every Months neglect thereof,* 1.274 forfeit Ten Pounds Sterling to His Majesty for the use aforesaid, and the other half to the Informer that shall sue for the same.

Read and pass'd the Council, the 19th Day of December, 1688, and consented to by the Lieute∣nant Governour.

Pass'd the Assembly, the 18th Day of December, 1688.

N ^o 336. An ACT for the securing the Possession of Negroes and Slaves.

[Preamble.] WHereas the Possession of the Lands of this Island hath been se∣cured by the Act against clandestine Entries, That the Possession of Negroes and Slaves may be secured in like manner,

[Clause I] Be it Enacted and Ordained by the Right Honourable Edwin Stede, His Majesty's Lieutenant Governour and Commander in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by authority of the same,* 1.275 That no Per∣son after Publication of this Act, take or detain any Negro or Slave, which hath been in the possession of another within this Island for the space of Three Months (Eight and Twenty Days to be reckoned to each Month) together without due course of Law, upon any pretence whatsoever, upon pain of forfeiting Two Shillings Sterling,* 1.276 to the Party grieved for every Day, that he shall detain each Negro or other Slave.

[Clause II] And be it further Enacted by the Authority aforesaid, That the Party grieved, shall and may apply himself to the two next Justices of the Peace to the Place where the Offender liveth, who are hereby im∣powered and required to order the Offender to restore unto the Party grieved, the Negro or Negroes, Slave or Slaves taken,* 1.277 or detained con∣trary to this Act, and likewise to order the Offender to pay the Penalty in this Act expressed. Which Orders, if the Offender refuse or neglect to pay, the said Justices shall commit him or her to the Common-Goal, there to remain until he or they perform the said Orders. And if he or they continue to refuse to pay the Forfeiture in this Act appointed, or deliver the Slave or Slaves so detained, Then are such Justices to grant Execution for the Sum of Fifty Pounds Sterling as a Penalty for every Negro or Slave so detained; and also for the Forfeiture aforesaid,* 1.278 to be

levied upon all or any the Estate Real or Personal of the Offender, by a Constable, by Order of the said Justices, and what is Attached thereon, in Fourteen Days to be out-cryed, as in the Courts of Common Pleas in this Island is used, and the Person of the Offender not to be inlarged, un∣til satisfaction be made; and the Party may also have his further Re∣medy for the Value of the said Negro, by his Action at the Common Law.

[Clause III] Provided nevertheless, That this Act or any thing therein contain∣ed, shall not extend to any Person whatsoever that hath,* 1.279 or shall let or lend any Negro or Negroes for any term of time, or to any Attorney, Overseer or other Person who come by the Possession of such Slave or Slaves, by Act or Consent of the Claimer, or of some Person from whom the Claimer pretends Title; And if any Justice of the Peace shall refuse or neglect to do his Duty in this Matter, he shall forfeit Fifty Pounds Sterling, whereof the one half to the publick use of this Island, and the other half to the Party grieved. Which Forfeitures shall and may be recovered in the Court of Common Pleas where the Defendant liveth. And that those who are out of Possession of Slaves, if they have Right, or do pretend so to have, may have speedy Remedy by Law.

[Clause IV] Be it Enacted by the Authority aforesaid, That in all Suits for de∣tinue of any Slave or Slaves, the Defendant being lawfully Summoned by a Writ or Warrant under the Hand and Seal of the Judge of the Court, served at least Ten Days before the Sitting of the said Court, The re∣spective Courts of Common Pleas are hereby impowered and required to proceed to Trial,* 1.280 and to give Judgment the first Court after Sum∣mons, and Execution forthwith to issue for immediate Satisfaction: Not∣withstanding any Act or Statute to the contrary. And in case such De∣teiner or Deteiners shall refuse or neglect to appear at the said first Court (lawful Summons being proved) the Court shall give Judgment by Ni∣hil dicit, and Execution forthwith to issue as aforesaid. And it shall not be in the liberty of any Court upon Non-appearance of any Defendant, to give longer time for pleading or for Trial, or giving Judgment upon a Trial by Jury,* 1.281 or issue in Law, than the Second Court after lawful Summons.

[Clause V] And be it further Enacted by the Authority aforesaid, That if any Widow Seized of any Negro or other Slave or Slaves, as of the Dower of her Husband,* 1.282 shall send off this Island such Negro or other Slave or Slaves without the lawful Consent of him or her in Reversion, shall for∣feit such Negro or other Slave or Slaves, and all other the Dower, which she holds of the endowment of her Husband, unto the Person or Persons that have the Reversion thereof; any Law, Custom or Usage to the con∣trary notwithstanding.

[Clause VI] And if any Widow seized as aforesaid, shall afterwards marry an Husband,* 1.283 who shall send off this Island any Negro or Slave without con∣sent of him or her in Reversion, in such case it shall be lawful for him or her in Reversion to enter into, possess and enjoy all the Estate which such Husband holdeth in Right of his Wife's Dower for and during the Life of the said Husband.

[Clause VII] And be it further Enacted by the Authority aforesaid, That the Right and Possession of all Negroes and other Slave or Slaves,* 1.284 shall be sued for by Action of Detinue, Writ De partitione facienda, or of Dower, as the case shall require, and by no other Writ or Action whatsoever.

[Clause VIII]

And be it further Enacted by the Authority aforesaid, That all Per∣sons whatsoever are prohibited to bring,* 1.285 sell and dispose of any Indians to this Island, upon pain of forfeiting the same unto His Majesty, His Heirs and Successors; one Moyety to the use of this Island; and the o∣ther Moyety to him that shall inform and sue for the same.

Pass'd the Council, the 19th of De∣cember, 1688.

Pass'd the Assembly the 18th of De∣cember, 1688.

N ^o 337. An ACT to revive and continue an ACT, Intituled, An ACT to incourage the bringing in of Christian Servants, and to prevent their Running away, and being sent off this Island.

Expired.

N ^o 338. An ACT to Repeal an ACT, Intituled, An ACT to pre∣vent Depopulation.

[Preamble.] WHereas several Clauses and Paragraphs mentioned and expressed in the said Act of Depopulation, bearing Date the Fourteenth Day of June, One Thousand, Six Hundred, Seventy and One, are fully and sufficiently provided for in the several other Laws and Statutes in this Island, under more proper Titles and Denominations. And for that the other Clauses of the said Act are now become useless and impracticable, and of no Benefit or Advantage to His Majesty or his Subjects of this Island, and are also contradictory to some other Laws established here,

Be it therefore Enacted by the Right Honourable Edwin Stede, Esq. His Majesty's Lieutenant Governour and Commander in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That the afore∣said Act bearing Date the Fourteenth Day of June, One Thousand, Six Hundred, Seventy and One, Intituled, An Act to prevent Depopulation, and all and every the Clauses, Sentences, Penalties and Provisoes therein con∣tained, is hereby declared to be Repealed, and is Repealed, made null and void to all Intents and Purposes whatsoever. Any Law, Usage or Custom to the contrary in any wise notwithstanding.

Read and pass'd the Council, and consented to by the Lieutenant Governour, the same Day.

Pass'd the 19th Day of December, 1688.

N ^o 339. An ACT for a Levy upon Negroes.

Obsolete.

N ^o 340. An Additional ACT, to an ACT, Intituled, An ACT for the settlement of the Militia of this Island.

Repealed.

N ^o 341. An ACT for a Levy upon Negroes.

Obsolete.

N ^o 342. An ACT for a Levy upon Negroes.

Obsolete.

N ^o 343. An ACT for laying an Imposition on Wines and other Strong Liquors imported this Island.

Expired.

N ^o 344. An ACT appointing a Committee for setling the Publick Accounts of this Island.

Expired.

N ^o 345. An ACT declaring the further uses of an ACT for a Levy upon Negroes.

Obsolete.

N ^o 346. An ACT to revive and continue an ACT, Intituled, An ACT to incourage the bringing in of Christian Servants, and to prevent their Running away, or being sent off this Island.

Expired.

N ^o 347. An ACT for the further Accommodation of His Excellency in his intended Voyage.

 

N ^o 348. An ACT to incourage Artificers and others to take Appren∣tices.

WHereas the binding out of Apprentices, and bringing them up in Merchandize, Manual Occupations, Husbandry and other law∣ful Vocations, will conduce very much to the Profit and Advantage of this Place; And forasmuch as many of the poorer sort of Children have been brought up in Idleness and disorderly living, to the dishonour of Almighty God, the Ruin and Destruction of themselves, and the great Prejudice of this Island: For Remedy of which Idleness, and incou∣ragement of such as shall take Apprentices,

[Clause I] Be it Enacted by his Excellency Colonel James Kendal, Captain Ge∣neral and Chief Governour of this and other the Charribee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That from and after Publication of this Act,* 1.286 no Person whatsoever that shall take one Apprentice or more, shall be com∣pelled to send to the Militia him or them armed and accoutred at his own Charge; nor shall be liable to any of the Forfeitures, Penalties or Clauses in the Act of Militia contained and in that case provided.

And that the Militia may not hereby be lessened, it is the true intent and meaning of this Act,

[Clause II] And be it Enacted by the Authority aforesaid, That every Person or Persons that shall hereafter take any Apprentice or Apprentices, shall within Three Months after such Apprentice or Apprentices are bound,* 1.287 bring the said Apprentice or Apprentices before the Colonel of that Di∣vision where such Master lives: Which said Colonel is hereby impower∣ed to place such Apprentice or Apprentices on such Person or Persons as to him shall seem meet, which have not their Complement of Men to serve in the Militia, to be armed and accoutred according to the Act of the Militia, at the Charge of such Person or Persons on whom the said Apprentice or Apprentices are placed.

Read and pass'd the Council, and consented to by his Excellency, the 1st of October, 1690.

Read and pass'd the Assembly, this 30th of September, 1690, Nemine contradicente.

• John Whetstone, Deputy Secretary.
• G. Paine, Clerk of the Assembly.

N ^o 349. An ACT for the better assertaining how the Bonds forfeited for carrying Persons off this Island without a Ticket shall be imployed.

[Preamble.] WHereas by an Act of this Island, Intituled, An Act concerning Ships, and the Duty of the Master or Merchant upon their Arrival, with the appointment of the Impost of Powder and Tunnage, bearing Date the First Day of July, One Thousand, Six Hundred, Sixty and Three;

[Clause I] Amongst other things, It is Enacted by the President, Council and Assembly,* 1.288 and by Authority of the same, That whatsoever Master, Com∣mander or Merchant of any Ship or Ships, Vessel or Boat whatsoever, ar∣riving in any Port or Harbour, in or about, or coming to this Island, shall dare presume to trade, barter or bargain with any Person or Persons of this Island, or land any Goods or Commodities whatsoever (living Creatures only excepted) before he hath presented himself to the Gover∣nour or President for the time being,* 1.289 and obtained License for the same, and certified his Ship's Voyage and Loading, and made Entry, and ha∣ving given Security in the Secretary's Office in St. Michael's Town of Two Thousand Pounds Sterling, not to depart with his Vessel from, nor carry off this Island, any Inhabitant thereof, Freemen, Servants or Slaves, without a Ticket from the Governour or President for the time being, &c. Shall pay and forfeit Ten Thousand Pounds of Muscovadoe Su∣gar.

And it is further Enacted by the Authority aforesaid, That what∣soever Person or Persons shall carry off this Island in his Ship, Vessel or Boat, any Freemen, Servants or Slaves as have resided here, without a Ticket for the same, first had and obtained as aforesaid;

That in all such Cases, such Persons Bond shall be signed over by Let∣ter of Attorney from the Governour or President, to such Person or Per∣sons as shall be thereby prejudiced, to be sued, and the Penalty thereof recovered against him or them, out of which Recovery Satisfaction shall be awarded to the Person prejudiced, with his Charge and Damages, as by the said Act, Reference thereunto being had, may more fully ap∣pear.

It is therefore Enacted by his Excellency Colonel James Kendal, Captain General and Chief Governour of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That from and after Publication of this Act, no Recovery that shall be made on any Obligation which here∣after shall be forfeited for carrying off any Person or Persons whatsoever, without a Ticket as aforesaid, shall be imployed or assigned, to any o∣ther Intent or Purpose than what in and by the said Act is declared and appointed. And that no other use shall be hereafter made of any such Recovery nor greater Sum levied or taken from the said Person, a∣gainst whom such Recovery is or shall be made, Than only to satisfy the said injured Person or Persons his or their Debt, Charges and Da∣mages in that behalf sustained; any Law, Usage or Custom to the con∣trary notwithstanding.

Read and pass'd the Council, and consented to by his Excellency, this 17th Day of December, 1690.

Read and pass'd the Assembly, the 25th Day of November, 1690, Nemine contradicente.

• John Whetstone, Deputy Secretary.
• George Paine, Clerk of the Assembly.

N ^o 350. An ACT to establish and ascertain the Bushel Weight, by which all sorts of Corn, Pulse or other the Produce of this Island shall be bought and sold.

[Preamble.] WHereas great Damage and Deceit hath not only been done unto, but also many Differences and Controversies have arose and been moved between the Inhabitants of this Island, in buying and selling the Produce thereof, by reason of the uncertainty of the Contents of the Bushel weight, by which they bought and sold, some Persons allowing Seventy Pounds, others Seventy Four Pounds to the Bushel, &c. For Remedy whereof for the future,

Be it Enacted by his Excellency Colonel James Kendal, Captain Ge∣neral and Chief Governour of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That from and after Publication hereof,* 1.290 a Bushel of Corn, either Indian or Guinea in the Ear or Stalk, or of any Bo∣navists, Pease, Beans or other Pulse in the Husk or Shell, shall contain Seventy Four Pounds Averdupoize Weight: And a Bushel of any the a∣fore-mentioned Produce Thrasht, beaten out or husked out of the Ear, Shell, Cod or Stalk, shall contain Fifty Six Pounds of like weight. And whatsoever Person or Persons, shall sell or dispose of any the Com∣modities aforementioned, contrary to the tenor of this Act, and the true intent and meaning hereof, shall forfeit the same,* 1.291 the one half to the Informer, the other half to the Church-wardens of the Parish where such Commodities are so disposed of, for the use of the Poor thereof, to be recovered against the Offender or Offenders, by Warrant from the next Justice of the Peace directed to a Constable, who is hereby required to proceed, as in case of Servants Wages.

Read and pass'd the Council, and consented to by his Excellency, this 17th Day of December, 1690.

Read and pass'd the Assembly, this 17th Day of December, 1690, Nemine contradicente.

• John Whetstone, Deputy Secretary.
• George Paine, Clerk of the Assembly.

N ^o 351. An ACT for regulating the exorbitant Rates demanded and re∣ceived by Masters of Ships and others for Freight of Su∣gars, &c. for Europe.

Expired.

N ^o 352. An ACT to revive and continue an ACT, Intituled, An ACT for laying an Imposition on Wines and other Strong Li∣quors imported this Island.

Expired.

N ^o 353. An ACT to confirm the Lease of Fontable to His Excel∣lency Colonel James Kendal.

Expired.

N ^o 354. An ACT appointing a Committee for setling the Publick Ac∣counts of this Island.

Expired.

N ^o 355. An ACT to Repeal an ACT, for the Governing and Re∣taining within this Island all such Rebels Convict, as by His Majesty's most Sacred Order or Permit, have been or shall be Transported from His European Dominions to this Place.

[Preamble.] WHereas by an Order in Council bearing Date at Whitehall, the Twentieth Day of November, One Thousand, Six Hundred and Ninety, His Majesty was pleased to extend his Mercy to certain Persons convicted of Rebellion, and sent as Servants to this Island; and that the aforesaid Act passed here the Fourth Day of January, One Thousand, Six Hundred, Eighty and Five concerning them should be Repealed.

And whereas His Majesty hath been graciously pleased to signifie to his Excellency Colonel James Kendal, his Royal Pleasure and gracious In∣tentions, as well to keep this Island in a state of Defence, and rendring his Mercy effectual to the Persons aforesaid, as to make known to the Council and Assembly, in that behalf, That an Act might be passed to Repeal the former, whereby the said Persons might be freed from their Servitude, under such Provisoes and Restrictions as shall be requisite for hindering their Departure off this Island without his Majesty's special leave.

[Clause I] Be it therefore Enacted by his Excellency Colonel James Kendal, Captain General, and Chief Governour of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That the aforesaid Act bearing Date the Fourth Day of January, One Thousand, Six Hundred, Eighty and Five, Intituled, An Act for Governing and Retaining within this Island, all such Rebels Convict, as by His Majesty's most Sacred Order or Permit, have been, or shall be Transported from His European Dominions to this Place; and all and every the Clauses, Sentences, Penalties and Provisoes aforesaid contained there∣in, is and are hereby Repealed, and Declared to be null and void, from and after the Date hereof, to all Intents, Constructions and Purposes whatsoever: Any Law, Usage or Custom to the contrary notwithstand∣ing.

* 1.292Provided always nevertheless, That all and every such Person and Persons as shall have Benefit and Freedom by this Act, shall not receive the Reward according to the Custom of this Country, as all o∣ther Servants at Expiration of their times do usually receive: And shall

be liable and obliged to serve and perform all Military Duties,* 1.293 as by the Act of Militia in this Island is appointed, till His Majesty's Gracious Pleasure be farther known. And to the intent the aforegoing Clause may be duly observed,

[Clause II] Be it Enacted by the Authority aforesaid, That none of the Per∣sons receiving Benefit by this Act,* 1.294 shall at any time attempt to go off this Island without His Majesty's special leave. And for Prevention of such going off, the Secretary of this Island is hereby required, not to grant any Ticket to any Person whatsoever, without a Certificate first had and obtained from some one Justice of the Peace, by the Oath of one or more Witnesses, or the Justices own Knowledge, that he is not one of the Persons that by the Law Repealed were called Rebels Convict: Which Oath the several Justices within this Island, are hereby im∣powered and required to administer. And if they or any one of them, shall at any time attempt to run off or make an Escape from this Island,* 1.295 without their Majesty's leave, shall for every such Offence be liable to, and incur the like Penalties, as by an Act of this Island, Intituled, An Act for the governing and ordering the Rights between Masters and Servants in this Island is appointed. Which Penalty of their Servitude shall be one Third to the Informer that shall prosecute such of the Persons aforesaid, that shall at∣tempt to run off as aforesaid; and the other Two Thirds to the publick use of this Island, and to be recovered as the said Act does direct.

Read and pass'd the Council, and consented to by his Excellency, this 17th Day of March, 1690.

Read and pass'd the Assembly, this 17th Day of March, 1690, Ne∣mine contradicente.

• John Whetstone, Deputy Secretary.
• George Paine, Clerk of the Assembly.

N ^o 356. An ACT for a Levy upon Mills Negroes, and Inhabitants of the several Towns within this Island, for their Houses, Trades and Personal Estates.

Obsolete.

An ACT to raise and provide a Strength of Labourers for In∣trenching and Fortifying this Island in such Places as His Ex∣cellency shall direct.

N ^o 358. An ACT appointing what Freeholders shall be deemed capable to elect or be elected Representatives, Vestry-Men, or serve as Jurors to try real Actions within this Island.

Repealed.

N ^o 359. An ACT for Prohibiting the several Clerks of the Courts of Common Pleas within this Island, to practise as Attorneys in the Courts where they are Clerks.

[Preamble.] WHereas the several Clerks of the Courts of Common Pleas with∣in this stand, have been sometimes Sworn Attorneys, and admit∣ted to practise the Law, and plead in those Courts where they are Clerks, which hath been found of evil consequence to such Persons as have had Suits depending in the said Courts (the said Clerks preferring and further∣ing the Clauses of their Clients, and impeading and delaying others, they were retained against to the great obstruction and disturbance of the course of the Common Law, and against the good Customs hereto∣fore had and used. For Remedy whereof for the future,

Be it Enacted by his Excellency Colonel James Kendal, Captain Ge∣neral and Commander in Chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same,* 1.296 That from and after Publication hereof, no Clerk whatsoever, of any of the Courts of Common Pleas within this Island, while he continues to execute the Clerks Office, shall draw or prosecute, or be any ways as a Pleader or Practicer concerned in any Declaration, Count or Action, Real, Personal or mixed, or any Plea, Replication, Rejoinder, Sur-rejoinder, Rebutter, Sur-rebutter, Demurrer, or other Proceedings whatsoever in the said Court in which he is Clerk, upon pain of forfeiting his Office,* 1.297 and being barred and excluded from being a Sworn Clerk in any of the Courts of Common-Pleas for ever. And he shall forfeit Fifty Pounds Current Money to be recovered by Bill,* 1.298 Plaint or Information in any of their Majesty's Courts of Common-Pleas within this Island, the one half to the Informer, the other half to their Majesties for the use of the Fortifications thereof.

Read and pass'd the Council, and consented to by his Excellency, this 4th Day of August, 1691.

Read and pass'd the Assembly, being carried in the Affirmative, the Third time, this 4th of Aug. 1691.

• John Whetstone, Deputy Secretary.
• George Paine, Clerk of the Assembly.

N ^o 360. An ACT declaring in what manner the Salaries and Ex∣pences of Edward Littleton and William Bridges, Esquires, Agents in England, appointed for Solliciting of the Affairs of this Island shall be paid.

Expired.

N ^o 361. An ACT to Repeal a Clause of an ACT, Intituled, An ACT for a Levy upon Mills, Negroes and Inhabitants of the several Towns within this Island, for their Houses, Trade and Personal Estates.

Obsolete.

N ^o 362. An Additional ACT to an ACT, Intituled, An ACT to raise and provide a Strength of Labourers for Intrenching and Fortifying this Island in such Places as His Excellency shall direct.

Expired.

N ^o 363. An ACT to revive and continue an ACT for laying an Im∣position on Wines and other strong Liquors imported this Island.

Expired.

N ^o 364. An ACT for the enabling the Honourable William Sharp, Esq. Son and Heir of Colonel William Sharp, late of this Island, Deceased, to sell and convey a part of his Land being waste and unimproved, for the Payment of his Father's Debts, and some other Debts contracted in his Minority, which is now a Burthen upon the said Estate; as also to enable him to stock and fully improve the remainder.

WHereas Colonel William Sharp late of this Island, Deceased, was in his Life-time, and at the time of his Death, seized of a cer∣tain Plantation lying and being in the Parishes of St. Thomas and St. Joseph, in this Island, some part whereof was by him at great Expence, Cost and Charges, improved and reduced into a Sugar-work; the residue lying and being remote, continued waste and unimproved, yielding little or no be∣nefit to him or any other. And the said Colonel William Sharp dying much indebted by reason of the great Charge of building and stocking the said improved part; at whose Death the whole descending to William Sharp, Esquire, his Eldest Son and Heir, much incumbred with the said Debts of his Father, as also with other large and considerable Debts con∣tracted by his Mother during his Minority, which still remains unpaid.

And whereas the said William Sharp the Son, has been always desirous and willing to pay and discharge the said Debts since his being of full Age, but hath not been able to perform the same, nor now is, unless he can sell some part of his said wast and unimproved Land. But by reason of a Writing pretended to be a Will of his said Fathers, though it was never Sealed, Published or Declared to be such; and likewise of a pre∣tended

Deed supposed to be made and executed between the said William the Son, his said Mother, and Sir Thomas Mompesson, wherein Four Hun∣dred and Fourteen Acres of his said Land is pretended to be made over as Security for several Settlements contained in the said pretended Deed. He the said William the Son, cannot get any Person to purchase of him any of his said waste Land (they fearing the Title may be incumbred by the said pretended Will and Deed: (So that the said Debts and In∣cumbrances remain unsatisfied, and will do so, Vnless the said William Sharp be enabled by an Act of this Island for the better satisfaction of Purchasers to make Sale of his superfluous and waste Land, which he has over and above Four Hundred and Fourteen Acres, to pay the said Debts, which must otherwise fall upon the Stock and improved part, to its utter Ruin, he being every Day rendred less and less capable, through the growing interest of the said Debts, not only to pay them, but to con∣tinue the improvements of the said Four Hundred and Fourteen Acres, for want of such Stock as it at present needs. For Redress and Remedy of which apparent Mischiefs, and that the Creditors may be duly paid, and the rest of the Estate preserved and fully improved, wherein also the Pub∣lick is in some measure concerned,

[Clause I] Be it therefore Enacted by his Excellency Colonel James Kendal, their Majesty's Captain General and Governour in Chief of this and other the Charibbee-Islands, &c. and by the Honourable the Council and General Assembly of this Island, And it is hereby Enacted and Declared by the Authority of the same, and the said William Sharp is hereby allowed and fully impowered and enabled by virtue of this Act, to make any Sale, Conveyance or Disposition in Fee-Simple or otherwise, as he shall think fit, to any Person or Persons, their Heirs and Assigns for ever, for the bet∣ter enabling him to pay the said Debts, and further stocking the remain∣der of all such Lands of the said Plantation that was his Fathers, which now lies waste and unimproved; that is over and above Four Hundred and Fourteen Acres next adjoining, and most convenient to the Sugar-work thereon: Which Four Hundred and Fourteen Acres is first to be made certain by a Plot thereof, to be run out by a Sworn Surveyor, and recorded in the Secretary's Office of this Island, before any Disposition or Sale be made of the said Overplus, The said William Sharp being now willing to reserve from Sale, the Four Hundred and Fourteen Acres of Land aforesaid, to answer all Pretences that may be grounded upon the said pretended Deed, until the validity or invalidity thereof be determined by due course of Law or Equity.

[Clause II] And it is further Enacted by the Authority aforesaid, That who∣soever shall purchase any of the said Lands permitted to be sold by this Act, shall be enabled hereby to hold and keep the same to them and their Heirs or otherwise, according to the tenor of the Conveyance there∣of to him or them made by the said Honourable William Sharp. Any thing contained in the said pretended Will or Deed of Settlement to the contrary in any wise notwithstanding.

Read and pass'd the Council, and consented to by his Excellency this 19th Day of January, 1691.

Read and carried the Third time in the Affirmative, this 19th Day of January, 1691.

• John Whetstone, Deputy Secretary.
• George Paine, Clerk of the Assembly.

N ^o 365. An ACT to prohibit and hinder the Inhabitants of this Island, to imploy their Negroes and other Slaves in Buying and Sell∣ing.

Expired.

N ^o 366. A Supplemental ACT to an ACT, Intituled, An ACT to raise and provide a Strength of Labourers for intrenching and fortifying this Island in such Places as his Excellency shall direct.

Expired.

N ^o 367. An ACT to secure and reimburse the Honourable Colonel Ri∣chard Salter, Treasurer of this Island, all such Sums of Mo∣ney, together with the Interest of the same, after the Rate of Ten per Cent. per Annum he shall lend and accommodate towwards the hiring, equipping and fitting out Two Ships, Sloops or other Vessels of War for the Defence of this I∣sland.

Obsolete.

N ^o 368. A further Supplemental ACT to an ACT, Intituled, An ACT to raise and provide a Strength of Labourers for in∣trenching and fortifying this Island in such Places as his Excel∣lency shall direct.

Expired.

N ^o 369. An ACT for Accommodating and Quartering their Majesty's Souldiers lately arrived here.

Obsolete.

N ^o 370. An ACT appointing a Committee for setling the Publick Accounts of this Island.

Expired.

N ^o 371. A Declarative ACT to an ACT, Intituled, An ACT to raise and provide a Strength of Labourers for intrenching and fortifying this Island in such Places as his Excellency shall di∣rect, and the Additional and Supplemental Acts thereto.

Expired.

N ^o 372. An ACT enabling John Kirton, Gentleman, to Sell certain Lands in the Parish of Christ-church, in the Island of Bar∣bados, for the Payment of his Debts.

[Preamble.] WHereas William Kirton, late of the said Parish and Island Esquire, Father of the said John Kirton, was in his Life-time and at his Death seized in Fee-Simple of and in a certain Plantation or Parcel of Land, with the Appurtenances lying and being in the said Parish of Christ-church, called Brook-haven Plantation, containing by estimation One Hundred, Forty Six Acres of Land, be the same more or less; And be∣ing so seized, the said William Kirton did by his last Will and Testament in Writing bearing Date the Eleventh Day of November, Anno Domini, One Thousand, Six Hundred, Sixty and Nine, amongst divers other Gifts Legacies and Bequeasts therein, give and bequeath to his said Son, John Kirton, and to the Issue Male of his Body to be begotten, the said Plan∣tation, with Twenty Negroes; And did thereby make and appoint seve∣ral Limitations over in Tail, and Remainders of the said Estate to vest in several other Persons named in the said Will, in case the said John Kirton should happen to dye without Issue Male of his Body begotten.

And whereas the said John Kirton hath long since accomplished the Age of One and Twenty Years, and hath issue Male of his Body law∣fully begotten, and now living inheritable to the said Estate Tail setled by the said Will.

And forasmuch as the said John Kirton is become considerably in∣debted to divers Persons in this Island, and hath not any Personal E∣state wherewith to satisfy his said Debts, which daily increase by Addition of Interest, Nor hath he any Stock of Negros or Cattel to manure his aforesaid Plantation, which must inevitable lye desolate and become of no profit or benefit to the said John Kirton to support himself and Fa∣mily, or to satisfy his Creditors Debts; and to extricate himself from these Mischiefs, There is no means left but the assistance of one Act of this Island to enable him to sell his Plantation, Land and Premises, de∣vised and setled by the said Will in manner aforesaid, and thereby Dock all Intails, and Barr all Remainders depending upon the Estate Tail, created by the said Will.

[Clause I] Be it therefore Enacted by his Excellency Colonel James Kendal, Captain General and chief Governour of this Island, and by the Council and Assembly thereof, and by the Authority of the same, it is here∣by Declared and Enacted, that the said Plantation, Lands and Premises called Brook-haven-Plantation, with the Appurtenances lying and being in the said Parish of Christ-Church, and setled as aforesaid, shall be for ever

hereafter adjudged and deemed, and to all Intents, Constructions and Purposes in the Law whatsoever vested and setled in the said John Kir∣ton and his Heirs, as a good, pure, perfect and absolute Estate of Inheri∣tance in Fee-Simple.

[Clause II] And it is hereby further Enacted and Declared by the Authori∣ty aforesaid, That all Estates in Remainders or Reversion, and all Remainders or Reversions expectant upon the said Plantation, Lands and Premises, and setled and limited by the said Will of the said William Kirton, are for ever hereby docked and barred; And all Person or Per∣sons whatsoever claiming any Estate, Right or Title in Remainder or Reversion by the said Will are for ever hereby foreclosed of their Claims and Demands: And also that he the said John Kirton and his Heirs, are hereby enabled to make any Conveyance, Sail or Disposition of all or any part of the said Plantation, Lands and Premises with their Appur∣tenances, to any Person or Persons whatsoever, and to their Heirs and As∣signs, for the better enabling the said John Kirton to pay and satisfy his Debts: Any Law Custom or Usage to the contrary in any wise not∣withstanding.

Provided nevertheless, That all such Sum or Sums of Money, as shall be raised upon the Sail of the aforesaid Plantation (Except the Sum of Two Hundred Pounds, which the said John Kirton hath disbursed in raising Buildings on the said Estate and other Necessaries for the advan∣tage thereof, which Sum shall be applied towards satisfaction of the a∣foresaid John Kirton's Debts) shall be by him laid out; and he the said John Kirton is hereby injoyned and required to lay out, apply and dis∣pose of the same in the purchase of other Lands in this Island, to the same uses and for such Estates as the Plantation is setled by the said Will.

Provided always nevertheless, and it is the true intent and mean∣ing of this Act, that nothing therein contained, shall prejudice or hinder any Person or Persons whatsoever in their just Claims, Right and Title to the said Plantation, Lands and Premises deraigned paramount to the last Will and Testament of the said William Kirton.

Read and pass'd the Council, and consented to by his Excellency, this 15th Day of November, 1692.

Read and pass'd the Assembly, Ne∣mine contradicente.

• John Whetstone, Deputy Secretary.
• George Paine, Clerk of the Assembly.

N ^o 373. An ACT appointing what Freeholders shall be deemed ca∣pable to Elect or be Elected Representatives, Vestry-men, or serve as Jurors to try real Actions within this Island.

Repealed.

N ^o 374. A Declarative ACT concerning Trade.

WHereas heretofore the Subjects of the Kingdom of Spain have been permitted to trade here, and to buy and purchase Negroes, which Trade hath been in some measure restrained by an Act of this Island, or by some Clause or Clauses thereof, laying a Tax or Duty on such Negroes so bought and purchased, which said Act long since ex∣pired. To the intent therefore, That the same may be manifest and made known,

Be it Enacted, and it is hereby Enacted and Declared by his Excel∣lency Colonel James Kendal, Captain General and Chief Governour of this and other the Charibbee-Islands, the Honourable the Council and Ge∣neral Assembly of this Island, and by Authority of the same, That the said Act, and all and every Act and Acts of this Island, and all and every the Sentences, Clauses and Penalties therein contained, which did lay a Tax or Duty on any Negro or Negroes so bought or purchased by any Subjects of the King of Spain, shall be and are hereby declared ab∣solutely null, void and of none effect; and that the said Subjects of the King of Spain may have free liberty of trading to this Place for Negroes as aforesaid, and that no Tax or Duty shall be laid upon or required from them for such Negroes as shall be by them bought for the future.

Read and pass'd the Council, and consented to by his Excellency, this 2d Day of August, 1692.

Read and pass'd the Assembly, Ne∣mine contradicente, the 2d Day of August, 1692.

• John Whetstone, Deputy Secretary.
• George Paine, Clerk of the Assembly.

N ^o 375. An ACT to Raise, Arm and Accouter One Thousand Men for an Expedition against the French.

Expired.

N ^o 376. A Supplemental and Explanatory ACT to an ACT, Intituled, An ACT to Raise, Arm and Accouter One Thousand Men for an Expedition against the French.

Obsolete.

N ^o 377. An ACT appointing an Oath to be taken by all such as by the Laws of this Island are or shall be impowered to hear and de∣termine Writs of Error and Petitions of Grievances, and all other Matters of Equity whatsoever.

[Preamble.] WHereas by the ancient Customs, Laws and Practices of this Island, the Governour and Council for the time being, have always set to hear and determine all Matters and Controversies in Error and Equity; Which Custom and Practice hath hitherto been continued in this Island, and believed to be part of the business of the Council, to which they thought themselves obliged by their Oath of Councellor.

But forasmuch as some Doubts and Scruples have lately arisen touch∣ing the authority of the Council to set and judge in the Matters aforesaid, without a distinct Oath, and that it is therefore necessary that some other Oath should be taken by the Members thereof, more fully to qualify them to act therein,

[Clause I] Be it therefore Enacted and Ordained, and it is hereby Enacted and Ordained by his Excellency Colonel James Kendal, Captain General and Commander in Chief of this and other the Charibbee-Islands, the Ho∣nourable the Council and General Assembly of this Island, and by Au∣thority of the same, That from and after the Date hereof, no Per∣son shall be admitted to set and judge in the aforesaid Matters, until he hath first taken the following Oath: You do Swear, That you will ac∣cording to the best of your Skill, Conscience and Judgment, do equal Right, Law and Justice to their Majesty's and all their Subjects and People, both Rich and Poor, without Favour or Affection, Hatred or Malice, or having regard to any Person whatsoever, that hath any Matter, Cause or Thing at any time depending before you. So help you God, &c.

Which said Oath the Governour for the time being, is hereby im∣powered to administer to each Member that is to set and determine in the matters aforesaid.

[Clause II] And be it further Provided by the Authority aforesaid, That whereas his Excellency is by the Laws of this Island, greatly intrusted in determining all the Matters aforesaid, and of consequence is become in∣cluded in the Oath aforesaid, and there being no sufficient Authority to administer unto him the said Oath,

Be it Enacted, That his Excellency taking the same Oath of his own Administration, shall be as effectual compliance with this Act, as if done by a Dedimus specially obtained therefore.

Read and consented to by his Excel∣lency, the said 25th Day of October, 1692.

Read and pass'd the Council, and from them sent to the Assembly.

• John Whetstone, Deputy Secretary.
• John Whetstone, Deputy Secretary.

Read and passed the Assembly, this 25th Day of October, 1692, Nemine contradicente.

George Paine, Clerk of the Assembly.

N ^o 378. An ACT for incouragement of all Negroes and Slaves, that shall discover any Conspiracy.

WHereas sundry of the Negroes and Slaves of this Island, have been long preparing, contriving and designing a most horrid, bloody, damnable and detestable Rebellion, Massacre, Assassination and Destruction by them to be committed, done and perpetrated upon and against all the white Inhabitants hereof. But before this should be ef∣fected, it hath pleased Almighty God to give us a gracious Deliverance by a miraculous discovery thereof.

To the end such barbarous Purposes and Practices may be prevented for the future, and that such Negroes and Slaves as are not infected and drawn in by the wicked and devillish instigations of others may not be excited thereto, nor perverted in point of their obedience, but may be incouraged to continue orderly and quietly, and discover so soon as shall come to their Knowledge, any Design, Purpose or Intent of any Negro or other Slave, to commit or abet any Insurrection or Rebellion.

Be it Enacted by his Excellency Colonel James Kendal, Captain Ge∣neral and Chief Governour of this and other the Charribee-Islands, the Honourable the Council and General Assembly of this Island, and by the Authority of the same, That whatsoever Negro or Slave shall after Publication hereof, hear any other Negro or Slave, speak or utter any Words tending to Mutiny, Insurrection or Rebellion, or shall have or prepare any Gun-powder, Ball, Sword, Launce or other warlike In∣strument than what are allowed for watching or other Service of the Coun∣try, and shall forthwith discover the same to any Justice of the Peace of this Island, The said Iustice shall join himself to the next Justice of the Peace, and they two are hereby impowered and required to cause the said Negro or other Slave so accused, forthwith to be apprehended, and the Accuser and Accused to be brought Face to Face, and shall diligently inquire into the said Matter: And if they shall find the Accusation just, they shall secure the said Negro or Slave, and report the said Matter to his Excellency or other Governour for the time being, who is hereby humbly requested to appoint Field-Officers to try the said Negro or Slave, as by the Act intituled, An Act for the Governing of Negroes is provided, who are to proceed accordingly. And if they the said Field Officers shall find the said Negro or Slave guilty of what he or she stands accused, and shall condemn him or her to suffer Death, Such Field Officers shall appraise the Condemned Negro as by the said Act is appointed: But the Negro which accuses the other, the Field Officers shall appraise at his or her full Value and worth, although it exceed the Sum by the said Act limited; of which the said Field Officers shall forthwith certify his Excellency or the Governour for the time being upon Oath; who is hereby requested to draw an Order on the Treasurer for that Sum which such Accuser is va∣lued at, to be paid to the Owner of such Negro or Slave at sight. And upon Payment thereof, his Excellency or the Governour for the time be∣ing, is requested to declare the said Negro or Slave free, and such Ne∣gro shall be sent off this Island by the Treasurer, to such Place where he or she shall desire, who is hereby required to pay for such Negroes Passage. But if such Negro had rather stay here with his Master, Mistress or Fa∣mily,

and not be Free, such Negro shall receive Forty Shillings to his own use from the said Treasurer. And if any Negro or Slave shall not make good his or her Accusation against such Negro or Slave as he or she shall accuse, such Negro or Slave shall receive such Punishment, not to extend to Life or Member, as by order of the said Two Justices or Field Officers who shall hear the Matter, shall think fit.

Read and pass'd the Council, and consented to by his Excellency, this 27th Day of October, 1692.

Read and pass'd the Assembly, Ne∣mine contradicente, this 26th Day of October, 1692.

• John Whetstone, Deputy Secretary.
• G. Paine, Clerk of the Assembly.

N ^o 379. An Additional ACT to an ACT, Intituled, An ACT for the Governing of Negroes.

WHereas by an Act of this Island, Intituled, An Act for the Govern∣ing of Negroes, bearing Date the Eighth Day of August, One Thousand, Six Hundred, Eighty and Eight, amongst other things it was Enacted in these Words.

And be it further Enacted by the Authority aforesaid, That all Acts heretofore made concerning or relating any ways to the governing of Negroes enacted before the Date of this Act, shall be Repealed, and are hereby Repealed to all Intents and Purposes whatsoever.

And whereas by a former Act of this Island, Intituled,* 1.299 A Supplemen∣tal Act to a former Act, Intituled, An Act for the better Ordering and Governing of Negroes, bearing Date the One and Twentieth Day of April, One Thou∣sand, Six Hundred, Seventy and Six, it was Enacted in these Words, viz. That if any Negro or Slave after he hath lived in this Island for the space of Twelve Months at least, shall run away from his Master or Mistress, and continue absent above the space of Thirty Days, such Negro or Slave shall suffer Death for the same, the Offence to be tried as the Offences ex∣pressed in the first Branch of this Act; and the Owner of such Negro or Slave, shall be allowed his reasonable Value from the publick Treasury of this Island, in the same manner as is allowed for other Negroes that suffer Death by this Act. Which last mentioned Act was often revived and continued; but the same Clause after some Negroes had suffered Death for running away as aforesaid was Repealed, it being expected, that others would have taken warning thereby, and not have been guilty of such Offence for the future.

And forasmuch as the first mentioned Act now in force, bearing Date the Eighth Day of August, One Thousand, Six Hundred, Eighty and Eight, hath made no Provision, That such Slaves as absent themselves Thirty Days, shall suffer Death as aforesaid; and such is their brutish and barbarous Nature, that they will not be reclaimed by any fair means, But by the often running away of Negroes and Slaves, and by their long Absence from the Service of their Owners, they become desperate, and daily plotting, commit Felonies and other Enormities, not only to

the terror and affrightment of the Neighbourhood, but the danger of the Island in general.

Be it Enacted by his Excellency Colonel James Kendal, Captain Ge∣neral and Chief Governour of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by the Authority of the same, That if after Publication of this Act, any Negro or Negroes, or other Slave or Slaves, after he, she or they have lived in this Island one whole Year,* 1.300 that is, are or shall run away and absent him, her or themselves from the Service of his, her or their Master, Mistress or other Persons with whom he, she or they reside, and shall continue ab∣sent for and during the space of Thirty Days, shall suffer Death for the same, the said Offence and Offences to be tried in the like manner by Two Justices of the Peace, and Three Freeholders, as other Criminals in and by the said Act now in force (to which this is an Addition) are appointed to be tried, Such Negro or Slave to be valued by them the said Justices and Freeholders; which Value the Owner thereof shall be paid and al∣lowed out of the Publick Treasury of this Island, as is allowed for other Negroes that suffer Death by the said Act.

Read and pass'd the Council, and consented to by his Excellency, this 27th Day of October, 1692.

Read and pass'd the Assembly, Ne∣mine contradicente, this 26th Day of October, 1692.

• John Whetstone, Deputy Secretary.
• George Paine, Clerk of the Assembly.

N ^o 380. An ACT for the free Quartering a Regiment of Their Ma∣jesties Souldiers.

WHereas the late Mortality, sparing of Men to the Relief of the Leeward Islands, and the want of Servants coming during this War, hath much lessened the Strength of this Island, and his Excellency hath been pleased to signify, that he will write to the Lords of the Com∣mittee to interceed with Their Majesties to permit a Regiment of Soul∣diers designed for the Leeward for the Expedition against the French, may after such Expedition is over, remain here for the reinforcement and de∣fence hereof.

Be it Enacted by his Excellency Colonel James Kendal, Captain General, and Chief Governour of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That in case Their Majesties will please gra∣ciously to appoint a Regiment of Soldiers to be sent up hither from the Leeward Islands, after the Expedition is over, to remain here during this present War;* 1.301 Such Souldiers shall have and receive Free-Quarters here, viz. Meat, Drink and Lodging, in as full manner as hired Freemen, and shall be placed on such Persons inhabiting here, as his Excellency or Go∣vernour for the time being shall appoint.

Read and pass'd the Council, and consented to by his Excellency, this 27th Day of October, 1692.

Read and pass'd the Assembly, Ne∣mine contradicente, the 27th Day of October, 1692.

• John Whetstone, Deputy Secretary.
• George Paine, Clerk of the Assembly.

N ^o 381. An ACT appointing Persons to ride Armed.

Expired.

N ^o 382. An ACT for prohibiting the Selling of Rum or other Strong Liquors to any Negro or other Slave.

WHereas many Enormities have been committed, and Mischiefs hatched and contrived by Negroes and other Slaves when Op∣portunities have been given of meeting and excessive Drinking thereat: For Remedy thereof for the future,

Be it Enacted by his Excellency Colonel James Kendal, Captain Ge∣neral and Chief Governour of this and other the Charibbee-Islands, the Ho∣nourable the Council and General Assembly of this Island, and by the Authority of the same, That whatsoever Person or Persons after Publi∣cation hereof, shall sell any Rum or any other Strong Liquors to any Negro or Slave, or any other Person for the use of any Negro or Slave, and being convicted thereof by the Oath of any Christian before the next Justice of the Peace, shall forfeit Twenty Shillings Sterling for e∣very such Offence, the one half to the Informer, the other half to the Poor of the Parish where the Offender liveth, to be recovered by War∣rant from the next Justice of the Peace, as in case of Servants Wa∣ges.

And if any white Person whatsoever shall buy any Rum or other Strong Liquors for any Negro or Slave, shall forfeit Twenty Shillings for every such Offence, to be recovered in manner as aforesaid, the one half to the Informer, the other half to the Poor as aforesaid, or receive Ten Lashes upon his or her bare Back, by Order of the next Justice, the Whipper to receive Fifteen Pence to be paid by the Church-warden by order of the said Justice for the time being.

Read and pass'd the Assembly, Ne∣mine contradicente, the 25th of Octob. 1692.

Read and pass'd the Council, and consented to by his Excellency, this 27th of October, 1692.

• George Paine, Clerk of the Assembly.
• John Whetstone, Deputy Secretary.

N ^o 383. An ACT to revive and continue an ACT, Intituled, An ACT to prohibit and hinder the Inhabitants of this Island to imploy their Negroes and other Slaves in Buying and Sell∣ing.

Expired.

N ^o 384. An ACT to revive and continue an ACT for laying an Impo∣sition on Wines and other strong Liquors imported to this Island.

Expired.

N ^o 385. An ACT for defraying the Charge of accommodating the Court Martial and Officers appointed for the Trial of Negroes.

Obsolete.

N ^o 386. An ACT for setling the Rates of Freight for Commodities of the Produce of this Island Ship'd for Europe.

Expired.

N ^o 387. An ACT for a present Accommodation of Their Majesty's Forces arrived and daily expected.

Obsolete.

N ^o 388. An ACT appointing a Committee for setling the Publick Ac∣counts of this Island.

Expired.

N ^o 389. An ACT for a Present to the Governour.

Obsolete.

N ^o 390. An ACT to raise and provide a Strength of Labourers to clean the Trenches, and repair the Breast-works and Fortifica∣tions of this Island, as his Excellency shall direct.

Expired.

* 1.302A Supplemental ACT, to an ACT, Intituled, An ACT for the Settlement of the Militia of this Island

N ^o 392. An ACT appointing a Comptroller.

Obsolete.

N ^o 393. An ACT for adding some new Commissioners for setling the Accounts of the late Expedition.

Obsolete.

N ^o 394. An ACT to revive and continue an ACT for laying an Imposition on Wines and other Strong Liquors imported this Island.

Expired.

N ^o 395. An ACT for the speedy Supplying Their Majesties Ships of War the Tyger and the Mermaid with Men.

Obsolete.

N ^o 396. An ACT for raising a Levy to discharge the Debts of this Island.

Obsolete.

N ^o 397. An Additional ACT to an ACT, Intituled, An ACT for laying an Imposition on Wines and other Strong Liquors im∣ported this Island.

Expired.

N ^o 398. An ACT appointing a Committee for setling the Publick Ac∣counts of this Island.

Expired.

N ^o 399. An ACT for a present Supply of the Necessities of this Island.

Obsolete.

N ^o 400. An ACT for an equal Quartering of the Souldiers of his Ex∣cellencies Regiment lately arrived and that shall arrive.

Expired.

N ^o 401. An ACT to revive and continue an ACT, Intituled, An ACT for laying an Imposition on Wines and other Strong Li∣quors imported this Island. And an Additional ACT to an ACT, Intituled, An ACT for laying an Imposition on Wines and other Strong Liquors imported this Island.

Expired.

N ^o 402. An ACT to prevent the breaking up and taking away of any Rocks or Stones in any part of the Sea or Sea-Shoars before this Island.

WHereas divers Persons for their private Benefit do continually break and dig up, and carry away great Quantities of Rocks and Stones near the Sea-Shoar, and thereby render those Places where the Access of Boats was difficult, easie and safe, to the great hazard of the Island, in case of Foreign Invasion.

It is therefore Enacted by his Excellency Colonel Francis Russel, Esquire, Captain General, and chief Governour of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by the authority of the same, That no Person or Persons whatsoever after Publication hereof, presume to dig or break up, or car∣ry away by Boat or Vessel or otherwise, any Stones or Rocks in any part of the Sea of this Island, within Musket-shot of Low-water Mark, un∣der Penalty of forfeiting all such Boats or Vessels, in which the same shall be so loaded and carried, and for every Person, Negro or Slave imploy∣ed in such Work, The Person imploying him or them, shall forfeit Six Pounds Sterling, to be recovered upon Complaint and Proof made before any Justice of the Peace, as in case of Servants Wages, the one Moyety thereof to the Informer, the other Moyety thereof to the Pub∣lick. Provided nevertheless, That this Act shall not restrain the ta∣king of loose Stones washt up by the Sea over all such Rocks and Shoals where no Boat can pass.

Read and pass'd the Council, and consented to by his Excellency, this 13th Day of November, 1694.

Read and pass'd the Assembly, Ne∣mine contradicente, the 13th of No∣vember, 1694.

• Thomas Brewster, acting as De∣puty Secretary, by the Go∣vernour's Order.
• George Paine, Clerk of the Assem∣bly.

N ^o 403. An ACT to remit the Forfeitures incurred by non-payment of the Levies imposed by an ACT for a present Supply of the Necessities of this Island.

Obsolete.

N ^o 404. An ACT for setting forth the Brigandeen Marygold now taken up in the Service of this Island, and defraying other pres∣sing Necessities thereof.

Obsolete.

N ^o 405. An ACT impowering the Freeholders of the Parish of St. John's, to meet and choose a Vestry of Freeholders in the said Pa∣rish.

Obsolete.

N ^o 406. An ACT for laying an Imposition on Wines and other Strong Liquors imported this Island.

Expired.

N ^o 407. An ACT for Securing such Persons as shall advance Seven Hundred and Four Pounds Sterling, for Victualling of His Majesty's Ships of War, the Bristol and the Play Prize, and the furnishing them with other present Necessities.

Obsolete.

N ^o 408. An ACT appointing the Agents and the Payment of their Sallaries for the solliciting the Affairs of this Country.

[Preamble.] WHereas on a full Debate of this House, it hath been held ab∣solutely necessary that the Inhabitants of this Island should have some fitly qualified Persons residing in England, to present, sollicit and manage their Addresses, Grievances, Negotiations and Affairs, as shall from time to time be intrusted and committed to them, have resolved and do Elect, Nominate and Appoint Edward Littleton and William Bridges, Esq. and Francis Eysles, Merchant, Agents in England for the purpose aforesaid, to each of whom there is setled the respective Annual Sum of Two Hun∣dred and Fifty Pounds Sterling, to continue for Two Years certain, and to commence from their Receipt of a Letter, to be forthwith sent by his Excellency, the Honourable the Council and general Assembly of this

Island, and have also appointed that the Sum of One Thousand, Five Hundred Pounds Sterling be placed and lodged in the Hands of the said Francis Eysles, to be imployed for Fees, Sollicitations and other necessary Charges incident to the same imployment, and for payment of any Sum or Sums which have or shall be expended in the Service of this Island.

[Clause I] Be it therefore Enacted by his Excellency Francis Russel, Esquire, Captain General and Chief Governour of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same,* 1.303 That the Sum of Two Hundred and Fifty Pounds Sterling per Annum, shall be respectively allowed, and is here∣by declared to be allowed, and shall be paid in London to each of the said Agents for the Management of the Affairs aforesaid, to be defrayed and paid by the Treasurer of this Island for the time being, out of the Publick Treasury thereof. And the said Treasurer is hereby required to remit to the said Edward Littleton, William Bridges and Francis Eysles, the said Salleries of Two Hundred and Fifty Pounds Sterling each, at the expiration of each Year.

[Clause II] And be it further Declared and Enacted by the Authority afore∣said, That the Sum of One Thousand Five Hundred Pounds Sterling be speedily remitted by the said Treasurer,* 1.304 to the said Francis Eysles in England, to be imployed, disbursed and expended for Fees, Sollicitations and other necessary Charges incident to the Service of this Island, and the Imployment and Trust reposed in the said Agents, as also for the payment of any Sum or Sums which have or shall be expended in the Service of this Island; and the said Treasurer is hereby allowed to de∣faulk out of the Treasury, and pay unto himself the usual Exchange al∣lowed between this Island and England, at such time and times as such Payments shall be made: This Act to continue, and be of full force for Two Years, from and immediately after the Receit of the Letters afore∣said, by the said Agents in manner aforesaid, and no longer.

Read and pass'd the Council, the 18th Day of December, 1695.

Read and pass'd the Assembly, the 18th Day of December, 1695, Ne∣mine contradicente.

• George Paine, Deputy Secretary.
• William Rawlin, Clerk of the Assembly.

N ^o 409. An ACT for a Present of Two Thousand Pounds Sterling, to the Honourable Francis Russel, Esquire.

Obsolete.

N ^o 410. An ACT for Additional Supply of the Souldiers of His Ma∣jesty's Regiment of Foot, whereof his Excellency Francis Russel, Esquire is Colonel.

Expired.

N ^o 411. An ACT to revive and continue an ACT for laying an Im∣position on Wines and other Strong Liquors imported this Island.

Expired.

N ^o 412. An ACT for a Present of Two Thousand Pounds Sterling, unto the Honourable Francis Russel, Esquire.

Obsolete.

N ^o 413. An ACT appointing a Committee for setling the Publick Accounts of this Island.

Expired.

N ^o 414. An ACT for laying an Imposition on Wines and other Strong Li∣quors imported this Island.

Expired.

N ^o 415. An ACT for taking up a Sloop to fetch up the Men from the Leeward Islands.

Obsolete.

N ^o 416. An ACT for raising a Levy to set out Ships, and incourage Privateers.

Obsolete.

N ^o 417. An ACT for the Encouragement of Privateers.

Obsolete.

N ^o 418. An ACT impowering Philip Kirton, Gent. to Sell certain Lands in the Parish of Christ-church.

WHereas William Kirton, late of the said Parish and Island, Esquire, Grandfather of the said Philip Kirton, was in his Life-time and at his Death seized in Fee-Simple of and in several Plantations or Par∣cels of Land, with the Appurtenances lying and being in the said Pa∣rish of Christ-church, and Island aforesaid, containing by estimation in the whole, Two Hundred Forty Five Acres, be the same more or less; And being so seized, the said William Kirton did by his last Will

and Testament in Writing, bearing Date the Eleventh Day of Novem∣ber, in the Year of Our Lord God, One Thousand, Six Hundred, Six∣ty and Nine, amongst other Legacies and Bequeasts therein, give and bequeath unto his Eldest Son Philip, by his Second Wife Susannah, and to the Issue Male of his Body lawfully to be begotten, the said Plantations, with all and every their Appurtenances, together with all his Negroes and Stock whatsoever not before by the said Will given, to be to his said Son Philip Kirton, and the Heirs Male of his Body to be begotten; And did thereby also make and appoint several Limitations over in Tail, and Re∣mainders of the said Estates to vest in several other Persons named in the said Will, in case the said Philip Kirton should happen to dye without Issue Male of his Body begotten.

And whereas the said Philip Kirton Son of the said William Kirton, had issue lawfully begotten, the said Philip Kirton, which said Philip Kir∣ton the Grandson, is now living and possess'd of the said Lands setled by the said Will.

But forasmuch as that the said Philip hath not any Stock of Negroes or Cattel to manure the said Lands, which for want thereof, lye deso∣late, and are of no profit or benefit to the said Philip Kirton, to sup∣port himself and Family, part of which Lands have been already Attach∣ed and extended for Military Duties, and Parochial Charges, and the Quantity will be daily lessened by such unavoidable Incumbrances; To Prevent which Mischiefs, there is no means left but the assistance of an Act of this Island, to enable him to sell his said Plantation or Plan∣tations, Lands and Premises, and thereby Dock all Intails and Bar all Re∣mainders depending on the Estate Tail, created by the said Will.

Be it Enacted by his Excellency Francis Russel, Esquire, Captain Ge∣neral and Chief Governour of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That the said Plantation and Plantations, Lands and Premises, with the Appurtenances lying and being in the Parish of Christ-Church, and Island aforesaid, setled as aforesaid, shall be for ever hereafter adjudged and deemed, and to all Constructions of the Law what∣soever, vested and setled in the said Philip Kirton, as a good, pure, perfect and absolute Estate of inheritance in Fee-simple.

And it is hereby further Enacted, and Declared by the Authority aforesaid, That all Estates in Remainder or Reversion, and all Rever∣sions and Remainders expectant upon the said Plantation and Plantations, Lands and Premises, and setled and limitted by the Will of the said William Kirton, are hereby for ever docked and barred, and all Person or Persons whatsoever claiming any Estate, Right or Title in Remainder or Reversion by the said Will, are for ever hereby foreclosed of their Claims and Demands, and also that the said Philip Kirton and his Heirs, are here∣by enabled to make any Sale or Disposition of the said Lands and Pre∣mises, with their Appurtenances, to any Person or Persons whatsoever, and to their Heirs and Assigns; any Law, Custom or Usage to the contrary notwithstanding.

Read and pass'd the Council, and consented to by his Excellency the 19th Day of June, 1696.

Read and carried in the Affirmative, the 3d time, this 13th Day of A∣pril, 1696.

• G. Paine, Deputy Secretary.
• William Rawlin, Clerk of the Assembly.

N ^o 419. An ACT to encourage the bringing in of Christian Servants to this Island.

Obsolete.

N ^o 420. An ACT for the supply of Commission Officers of His Ma∣jesty's Regiment, whereof his Excellency Francis Russel is Colonel.

Expired.

N ^o 421. An ACT impowering the Freeholders of the Parish of St. Tho∣mas, to meet and choose a Vestry of Freeholders in the said Parish.

Obsolete.

N ^o 422. An ACT to raise and provide a strength of Labourers to clear the Trenches, and repair the Breast-works and Fortifi∣cations of this Island.

Obsolete.

N ^o 423. A Supplemental ACT to an ACT, Intituled, An ACT for the Settlement of the Militia of this Island.

 

An ACT to prevent Frauds and Concealments in the Payment of the Powder Duty.* 1.305

N ^o 425. An ACT for the speedy supply of Arms, Ammunitions, Stores and white Servants.

Obsolete.

N ^o 426. An ACT declaring the decision of all Controverted Elections of Members to serve in the General Assembly, to be legally and rightfully in the Representatives of His Majesty's Liege People of this Island.

[Preamble.] WHereas it is the undoubted Right of His Majesty's Subjects of England, for their Representatives in the Honourable House of Commons, to have the deciding of all Controverted Elections of Par∣liament Men, and forasmuch as the Government of this His Majesty's Island of Barbados, doth resemble that of England as near as may be, and the Assembly here, that of the House of Commons there, being com∣posed of Persons elected by the Freeholders to represent them in the ma∣king of Laws, and levying and raising Money for His Majesty, for the publick Use, Support and Defence of this Island.

And forasmuch as the Differences and Disputes that have arisen upon Elections of the Assembly Men here, have been decided by the Assembly, till of late Years some Governours have decided the same, to the great Discontent of His Majesty's Subjects here, whose Estates may by that means be liable to be disposed of, by Persons not by them legally chosen their Representatives.

To Prevent which Evil for the future, and that we may in this Island come as near as may be to the English Form of Government in this particular, we do in behalf of His Majesty's Liege People and Faith∣ful Subjects of this Island, pray that it be Enacted and Declared.

And be it Enacted and Declared by the Honourable the President and Council,* 1.306 and General Assembly of this Island, and by the Authority of the same, That it is the Right and Priviledge of the General Assembly of this Island, to judge and determine of the truth and legality of the Election of any Member or Members chosen, where there shall be any Dispute or Controversie of the same; and that no Practice or Proceed∣ing to the contrary hereof heretofore had or done, shall be drawn into Example or Precedent, to the Prejudice of the People of this Island; but that for the future, the truth and legality of all Elections of any Mem∣ber or Members to serve in the Assembly when any Dispute shall arise touch∣ing the same, shall be tried by the Representatives of the People of this Island only; and the Members of the Assembly shall by Plurality of Voices decide all such controverted Elections.

Read and consented to by the Presi∣dent and Council, the 10th of Fe∣bruary, 1696/7.

Read and pass'd the Assembly, the 26th Day of January, 1696/7. Ne∣mine contradicente.

• George Paine, Deputy Secretary.
• William Rawlin, Clerk of the Assembly.

N ^o 427. An ACT to raise and provide a strength of Labourers to clear the Trenches, and repair the Breast-works and Fortifications of this Island.

Expired.

N ^o 428. A Supplemental and Explanatory ACT to an ACT, Inti∣tuled, An ACT for Binding and Ordering poor Appren∣tices.

[Preamble.] WHereas an Act of this Island, Intituled, An Act for binding and or∣dering poor Apprentices, dated the Third Day of October, One Thou∣sand, Six Hundred, Eighty and Eight, hath of late been much contro∣verted, and some Question and Scruple moved thereon, whether any Person being within the Age of One and Twenty Years, and bound to serve as an Apprentice, can be obliged by Indenture for a longer Term or time than until such Apprentice arrive to the Age of Twenty One Years, which Disputes and Differences of Opinions often happening be∣tween the Magistrates of this Island by the absence of their Apprentices, and the vexatious Suits they have brought against them by their Appren∣tices for their Freedom, which if not timely provided for, may prove of great detriment to the prosperity of this Place.

[Clause I] For the Resolution of the said Scruple and Doubt, Be it Enacted by the President, Council and General Assembly of this Island,* 1.307 and by the Authority of the same, That all and every such Person or Persons al∣ready bound, or at any time or times from henceforth shall be bound by Indenture to serve as an Apprentice in any Art, Science or Occupation, according to the Tenour of the before recited Act, and in manner and form as in and by the said Act is prescribed, albeit the same Apprentice or any of them shall be within the Age of One and Twenty Years at the time of the making their several Indentures, shall be bound to serve for the Years in their several Indentures contained as amply and largely to every Intent, as if the said Apprentice were of full Age at the time of the making such Indentures, any Law, Usage or Custom to the contrary notwithstanding. Provided always,* 1.308 And be it Enacted by the Autho∣rity aforesaid,* 1.309 That all Persons within the Age of One and Twenty Years, to be bound Apprentices as aforesaid, shall not by Indenture be obliged for a longer time than Seven Years, unless such Person or Per∣sons be so young at the time when they are bound Apprentices that they want a greater number of Years to arrive to the Age of One and Twen∣ty Years.

And whereas by the afore recited Act, it is provided, that if any Apprentice shall neglect, absent or refuse to serve his or her Master or Mistress, according to his or her Contract or Agreement, that then and in such Case, the Two next Justices of the Peace are authorized to or∣der Punishment to be inflicted by Whipping or Imprisoning such disor∣derly Apprentice as in and by the said Act (reference thereto being had) will more at large appear; which Method (Experience hath made mani∣fest,

doth in no measure relieve the Masters or Mistresses, or work any Reformation in such unruly Apprentices.

[Clause II] Be it therefore further Enacted by the Authority aforesaid, That all and every Apprentice or Apprentices already Bound,* 1.310 or to be Bound in manner as aforesaid, that shall presume after Publication of this Act, to absent himself or her self from his or her Master or Mistress's Service without leave first obtained from his or her Master or Mistress, or to be warranted for his or their so doing, by the Two next Justices of the Peace, every such Apprentice so absenting him or herself without such License as aforesaid, upon Conviction thereof, by the Oath of One or more Witnesses, or his or her own Confession, before the next Justice of the Peace, shall for every Hours Absence be adjudged and ordered by the said Justice to serve his or her said Master or Mistress, the like space of time after his or her time of Apprentiship by Indenture is expired, or be proceeded against, as in and by the afore-recited Act is appointed at the Election of his or her Master or Mistress complaining, any thing in this Act seeming to the contrary notwithstanding.

And to the end that Apprentices may receive no manner of Incou∣ragement whatsoever to neglect their Duty, and that such Persons who have heretofore given countenance, concealed or entertained Apprentices that have absented themselves from their Masters or Mistresses Ser∣vice, may be deterred from the evil of such unjust Practices for the fu∣ture,

[Clause III] Be it further Enacted by the Authority aforesaid, That if any Person or Persons whatsoever,* 1.311 shall wittingly or willingly entertain any Apprentice for the space of Twelve Hours, or otherwise coun∣tenance his or her Absence from their Masters or Mistresses Service, upon Complaint and Conviction thereof, by One or more Witnesses before the next Justice of the Peace, or the Party's own Confession, the said Justice is hereby authorized to proceed against such Entertainer or Concealer of Apprentices convicted as aforesaid, and to adjudge them in the like Pe∣nalties, and in the same manner as is appointed for Proceedings against the Entertainers of Servants, by an Act dated the Twenty Seventh of September, One Thousand, Six Hundred, Sixty and One, Intituled, An Act for the good government of Servants, and ordering the Rights between Masters and Servants.

Read and pass'd the President and Council, this 16th Day of Fe∣bruary, 1696.

Read and pass'd the Assembly, the 26th Day of January, 1696, Ne∣mine contradicente.

• George Paine, Deputy Secretary.
• William Rawlin, Clerk of the Assembly.

N ^o 429. An ACT that the Solemn Affirmation and Declaration of the People called Quakers, shall be accepted instead of an Oath in the usual Form.

[Preamble.] WHereas His Gracious Majesty King William, with advice of the Lords and Commons in Parliament assembled, by an Act made in the Seventh and Eighth Years of William the Third, Intituled, An Act that the Solemn Affirmation and Declaration of the People called Quakers, shall be accepted instead of an Oath in usual Form, Did Enact, That the solemn Affir∣mation and Declaration of the People called Quakers, should be accepted and taken in all the Courts of Justice within the Kingdom of England, Dominion of Wales, Town of Berwick upon Twede, or on any lawful Oc∣casion where an Oath shall be required; and it being as reasonable that the same Liberty should be granted unto the People called Quakers in this Island, being part of His Majesty's Dominions.

[Clause I] Be it Enacted by the President, Council and General Assembly of this Island, and by Authority of the same, That from and after the Pub∣lication of this Act, every Quaker within this Island who shall be re∣quired upon any lawful Occasion, to take an Oath in any case where by Law an Oath is required, shall instead of the usual Form, be per∣mitted to make his or her Solemn Affirmation or Declaration in these Words following, viz. I A. B. do declare in the presence of Almighty God,* 1.312 the Witness of the truth of what I say; which said Solemn Affirmation or De∣claration shall be adjudged and taken.

And it is hereby Enacted and Declared to be of the same Force and Effect to all Intents and Purposes, in all Courts of Justice and other Places where by Law an Oath is required within this Island, as if such Quaker had taken an Oath in the usual Form.

And be it further Enacted by the Authority aforesaid, That if any Quaker making such Solemn Affirmation or Declaration, shall be law∣fully convicted wilfully, falsely and corruptly to have affirmed or declared any matter or thing, which if the same had been in the usual Form, would have amounted to wilful and corrupt Perjury,* 1.313 every such Quaker so offending, shall incur the same Penalties and Forfeitures as by the Laws and Statutes of the Kingdom of England are Enacted, against Persons con∣victed of wilful and corrupt Perjury.

Provided always, and be it Enacted by the Authority aforesaid, That no Quaker or reputed Quaker, shall by vertue of this Act, be qua∣lified or permitted to give Evidence in any Criminal Causes, or serve on any Juries, or bear any Office or Place of Profit in the Government, any thing in this Act contained to the contrary in any wise notwithstanding.

This Act to continue for the space of Seven Years from the Publication hereof and no longer.

Read and pass'd the President and Council, the 3d of March, 1696.

Read and pass'd the Assembly, the 26th of March, 1696, Nemine contradicente.

• George Paine, Deputy Secretary.
• William Rawlin, Clerk of the Assembly.

N ^o 430. An ACT to disable the Judges from Pleading and Practising in any of the Courts of this Island.

FOrasmuch as it is very inconsistent with the Honour and Dignity of a Judge, to be a common Pleader, or to practise as an Attor∣ney at Law in any the Courts of this Island; and that such Pleading is an evident debarring of their Power and Authority, and may introduce and be an inlet into several Mischiefs, as well as Enormous Crimes, and illegal and undue Proceedings, to the prejudice of Justice, and the lay∣ing open a Gap for Bribery. For Prevention whereof,

* 1.314Be it Enacted and Ordained, and it is hereby Enacted and Or∣dained by the Honourable the President and Council, and General As∣sembly of this Island, and by the Authority of the same, That from and after the Publication of this Act, it shall not be lawful for any Judge in this Island, to plead or practise in any of the Courts within the same; any former Usage or Custom to the contrary in any wise notwithstanding.

May the 18th, 1697, Read and pass'd the President and Council.

Read and pass'd the Assembly, this 23d of March, 1696/7.

• George Paine, Deputy Secretary.
• William Rawlin, Clerk of the Assembly.

N ^o 431. An ACT to Repeal an ACT, Intituled, An ACT for laying a Duty on Shipping for the Building of Peers, and clearing the Bar in Carlisle-Road.

* 1.315BE it Enacted by the President, Council and General Assembly of this Island, and by the Authority of the same, That an Act bear∣ing Date the One and Twentieth Day of July, in the Year of our Lord God, One Thousand, Six Hundred Eighty and Seven, Intituled, An Act for laying a Duty on Shipping for the building of Peers, and clearing the Bar in Carlisle-Road, and all the Branches, Clauses and Articles, Sentences and Provisoes therein contained, and every of them, shall be Repealed, and are hereby declared to be Repealed, Null and Void, to all Intents and Purposes whatsoever; any thing in the said Act to the contrary notwith∣standing.

Read and pass'd the President and May the 18th, 1697.

Read and pass'd the Assembly, Ne∣mine contradicente, March the 23d, 1696/7.

• George Paine, Deputy Secretary.
• William Rawlin, Clerk of the Assembly.

N ^o 432. An ACT appointing a Committee for setling the Publick Accounts of this Island.

Expired.

N ^o 433. An ACT to revive and continue an ACT for laying an Im∣position on Wines and other Strong Liquors imported this Island.

Expired.

N ^o 434. An ACT declaring how the Charges and Expences for the taking up and fitting out the Ship Providence Frigot, and the Ship Benjamin which were lately imployed in the Country's Ser∣vice, shall be born and paid.

Expired.

N ^o 435. An ACT to keep inviolate, and preserve the Freedom of E∣lections, and appointing who shall be deemed Freeholders, and be capable of Electing, or being Elected Representatives, Vestry-Men, or to serve as Jurors to try Real Actions within this Island.

[Preamble.] WHereas it hath not been hitherto fully and plainly ascertained how the Inhabitants of this Island shall be qualified to render them capable to Elect or be Elected Members of the Assembly or Vestry-Men, or to try real Actions, from whence manifold Disputes and Con∣troversies have arisen.

And whereas many undue and illegal Practices have been used by Menaces and Threats to awe and force Men to vote contrary to their Inclinations and Consciences, to the manifest violation of the freedom of Elections of Assembly-Men and Vestry-Men. To the intent therefore to put an end to all such Disputes for the future, and that Men of Interest only may share in so great Trusts, and to obviate such Mischievous and Violent Proceedings, and any other indirect Practices,

[Clause I] Be it Enacted by the Honourable the President and Council, and Representatives of this Island, and by authority of the same,* 1.316 That every white Man professing the Christan Religion, the free and natural born Subject of the King of England, or naturalized, who hath attained to the full Age of One and Twenty Years, and hath Ten Acres of Freehold, that is to say, who is actually seized of Ten Acres of Land in Fee-simple or Fee-tail, for term of his own, or for Term of another's Life, with∣in any Parish of this Island, or of any House, Houses, Store-houses, or any other Buildings in any one of the Towns of this Island, of the Year∣ly Value of Ten Pounds Current Money of this Island, or Two Thou∣sand Pounds of Muscovadoe Sugar, which Value shall be proved by the

Oaths of Two credible Witnesses, or by some Lease produced and proved by any One of the Witnesses to the same, or the Oath of the Lessee, if any there present shall be deemed a Freeholder, and shall and may be capable of Electing Representatives or Vestry-Men, or of being Elected a Representative or Vestry-Man in the Parish wherein such his Estate lieth, or to serve as a Juror to try real Actions.

[Clause II] And be it further Enacted by the Authority aforesaid, That if it shall happen that there be Two or more Joynt-Tenants or Tenants in Common of a Parcel or certain Quantity of Land in any Parish of this Island,* 1.317 or any House, Houses, or Buildings within any One of the Towns of this I∣sland, which Parcel of Land contains as many Tens of Acres or more as there are Joynt-Tenants or Tenants in Common, which House, Houses or other Buildings shall be worth as many Ten Pounds Sterling or Two Thousand Pounds of Sugar a Year, as there are Joynt-Tenant, or Te∣nants in Common, shall be deemed a Freeholder to all Intents, Constru∣ctions and Purposes of this Act whatsoever. And no Joynt-Tenant or Tenant in Common that shall not have for his share Ten Acres of Land, or in the House, Houses, or other Buildings, Ten Pounds Sterling per An∣num, or Two Thousand Pounds of Sugar per Annum, if the same shall be equally divided; shall be esteemed a Freeholder to any Construction or Purpose of this Act whatsoever.

[Clause III] Be it further Enacted by the Authority aforesaid, That no Per∣son at any Election of Representatives, or Vestry-Men shall be deem∣ed a Freeholder, qualified to Elect or be Elected a Representative or Vestry-Man,* 1.318 who shall produce any Bill of Sail or other Conveyance of Lands, or other Estate whereby he claims to be a Freeholder, in order to prove his Freehold, which shall not have been acknowledged before the Governour for the time being, or some Judge of some Court of Com∣mon Pleas of this Island, and duly recorded in the Secretary's Office pre∣ceeding the Date of the Writ for Election of Assembly-Men. And who shall not together with the Person who sold and conveyed the said Free∣hold, Provided the said Person be there and then present, make Oath be∣fore the Person to whom the Writ for Electing Representatives is directed, who is hereby authorized and required to Administer the same; if any Per∣son present require the same, or he himself shall think meet, that such Deed, or Deeds by him so produced is, and are bona fide, a Real and Absolute Deed or Deeds, according to the Purport thereof, without Covin or Fraud, and not made or executed to him under Colour only, to make him ca∣pable to Elect or be Elected a Representative, and that he is in Actual Possession of the said Land or Houses, and receiveth to his own use all the Profits thereof and is under no Promise, or any other Obligation what∣soever, to give up, or surrender the said Deed or Deeds, or the Lands or Tenements in the said Deed or Deeds, sold and conveyed at any time after he shall have Voted,* 1.319 or shall be Elected. Except nevertheless such Per∣son or Persons who claim to be Freeholders by such Deed or Deeds, which shall be Executed in England for Conveyance of any Lands in Barbados, and authentickly proved in England, and here proved so to have been, and Recorded in the Secretary's Office of this Island, as by an Act of this Island is provided.* 1.320 Except such also as claim by any Last Will and Testament duly proved, and recorded in the Secretary's Office: And the said Person to whom the said Writ is directed, is further hereby impowered and required to ask such other Questions upon Oath concerning the Free∣hold, and Qualification of any Person offering to Elect, or standing to

be Elected of him or the Person who sold the Freehold, or conveyed it, as to him shall seem meet, or shall be required by any Freeholder pre∣sent.

[Clause IV] And be it Enacted by the Authority aforesaid, That if any Person offering to Elect, or standing to be Elected, shall refuse to take such Oath,* 1.321 or to answer to such Questions upon Oath as above, the said Person so refusing, shall absolutely be debarred from giving his Vote for Electing, or from being Elected a Representative for that time.

[Clause V] Be it further Enacted, That the like Rules and Methods shall be used for enquiring into the Qualifications of such as offer to Elect,* 1.322 or may be Elected Vestry-Men, and that any Justice of the Peace in Com∣mission present at the Election of Vestry-Men, if none such there, then the Vestry Man present, and first named in the Church-Book the fore∣going Year, shall hereby have the same Power to administer any Oath or Oaths as the Person to whom the Writ for Electing of Representa∣tives hath by Verue of this Act.

[Clause VI] But forasmuch as some People call'd Quakers do refuse to take an Oath, Be it Enacted,* 1.323 That all such People are permitted instead of taking any Oath or Oaths as above is required touching their Free∣hold and Qualification to Vote, to promise and declare in the Presence of God, that what they shall answer touching any New Deeds produ∣ced by them at any Election of Representatives, or to any Questions as shall be asked them touching their Freehold, or Qualifications to elect Representatives for the General Assembly, shall be the Truth, the whole Truth, and nothing but the Truth; who after so having made out their Freehold, shall be then as capable of giving their Votes as if they had taken any Oath or Oaths hereby required; any thing in this Act seeming to the contrary notwithstanding. And if it shall appear at any time that any Person who hath Sworn or Declared in manner aforesaid at such Election, an Untruth or False thing concerning any such new Deed, or his qualification of his Electing, or being Elected, and proof thereof made before any One Justice of the Peace of this Island, such Justice is hereby impowered and required to bind the said Person over to the Grand sessions, there to be proceeded against, and punished as in case of Perjury, and be for ever held uncapable of giving any Vote, at any Election in this Island.

[Clause VII] Be it further Enacted by the Authority aforesaid, That all Writs for Election of Assembly Men, shall be issued by the President,* 1.324 and Council, or the Governour, by and with the consent of the Council for the time being, in the usual Form directed to the several Members of His Majesty's Council of this Island: And if there shall be more than one residing in a Parish, the Writ for that Parish shall be directed to the Eldest Councellor, who is hereby impowered and required to execute the same.

[Clause VIII] And be it Enacted by the Authority aforesaid, That no Councellor shall have any Writ directed to him,* 1.325 so as to oblige him to go out of the Parish where he lives or resides, unless there be more Councellors than one in such Parish: And in such Case the said Writ or Writs shall be directed to the Younger Councellor or Councellors to execute the same in some other Parish or Parishes, as near as may be, to their Place of Dwelling or Aboad. But in case there shall not be Councellors enough within this Island to execute the several Writs for Election of Assembly Men, or any of them be disabled by Sickness to perform such Duty,* 1.326 it shall

be lawful for the President and Council, or the Governour or Commander in chief for the time being, by and with the Advice and Consent of the Council to direct such Writ or Writs to such Person of the same Parish as they shall think fit; who are hereby impowered and required to exe∣cute the same.

[Clause IX] Be it Enacted by the Authority aforesaid, That upon calling of an Assembly,* 1.327 all Elections throughout the Island shall begin in one Day, between the Hours of Eight and Nine in the Morning, and shall con∣tinue without interruption till the Votes shall be shut up and finished, which shall not be before the Hour of Two in the Afternoon at soonest.

[Clause X] And be it Enacted by the Authority aforesaid, That the Persons to whom the Writs shall be directed,* 1.328 to prevent unnecessary Disputes and Mistakes, shall in a Paper of several Columns, set down the Names of the Freeholders proposed to be voted for, and shall cause each Voter to subscribe his Name, or set his Mark under the Persons Name he Votes for.

[Clause XI] Be it further Enacted by the Authority aforesaid, That whosoever for the future shall be elected a Representative or Assembly Man,* 1.329 shall before the President and Council, or Governour and Council for the time being, take the Oaths appointed, instead of the Oaths of Allegiance and Supremacy; in an Act Intituled, An Act declaring the Rights and Liberties of the Subjects, and setling the Succession of the Crown, and all other Oaths and Tests taken or subscribed by the Members of the House of Commons in England; which Oaths shall be administred by the Secretary for the time being, in the Presence of the President and Council, or of the Gover∣nour and Council for the time being: And any Person elected a Repre∣sentative, who shall refuse to take the said Oaths, or take and subscribe the said Tests, shall hereby be uncapable of serving as a Representative, or Assembly-Man for that Assembly then chosen, and a new Writ shall issue immediately to chuse another in his Room.

[Clause XII] And be it Enacted, That no Person shall be chosen or serve as Ve∣stry-Man,* 1.330 who shall refuse to take the Oaths appointed, instead of the Oaths of Allegiance and Supremacy, if thereto required by any of the Electors present, before any Justice of the Peace in Commission there pre∣sent: But if no Justice be present, then before that Person of the Vestry who is first named in the Church-Book, who is present, who are hereby authorized and required to administer the same if demanded.

[Clause XIII] Be it further Enacted by the Authority aforesaid, That in case any Member of the Assembly shall dye,* 1.331 or depart this Island, the Presi∣dent and Council, or the Governour by and with the consent of the Council for the time being, shall within Twenty Days after such Death or departure, issue a new Writ directed as before in this Act is appointed, for choosing another Person to serve in that Assembly, in the Place of such Member so dead or departed this Island.

[Clause XIV] And be it Enacted by the Authority aforesaid, That if any Person shall presume to violate the Freedom of Elections by Menaces or Threats,* 1.332 or endeavour to force any Freeholder to vote for any Person or Persons against his Inclination or Conscience, either by calling the Inhabitants into Arms, by making sham Freeholders, or hire or otherwise procure any Vote, or who shall after Election is over, menace, despightfully use or abuse any Freeholder, because he hath not voted as he would have had him,

such Person so offending, shall be proceeded against as hereafter in the following Clause in this Act is appointed.

And if the Person so offending, shall be an Officer or Magistrate, by vertue and power of which Office, he shall endeavour or attempt to o∣verawe or affright any Freeholder to vote contrary to his Inclination and Conscience; every such Officer or Magistrate so offending, shall upon due and sufficient proof made of such his Violence before the Assembly for the time being, who are hereby impowered to examine upon Oath any Person or Persons, and to send for Papers and Records for the Dis∣covery thereof. (And whosoever shall refuse to deliver such Papers, shall be committed to Goal till he deliver the same by Warrant under the Speaker's Hand directed to the Provost Marshal of this Island, who is hereby required him or them in safe Custody to keep until they conform to this Law) every such Offender shall by any Two Justices of the Peace for this Island (one of which to be of the Quorum) be bound over to the next General Sessions, himself in One Hundred Pounds Sterling, and Two Sureties each in Fifty Pounds Sterling, to be of good Behaviour, and a∣bide the Sentence of the said Court, who are hereby impowered, if the Offender or Offenders are convicted and found guilty of such Offences, to impose and lay a Fine on every such Offender, of Fifty Pounds Sterling, and commit the Offender or Offenders to Goal, without Bayl or Main∣prize, till the same be paid; which Fine so imposed, shall be one half to His Majesty, His Heirs and Successors, to be paid to the Treasurer of this Island for the time being, for the use of the Fortifications, and the other half to the Party or Parties grieved.

And if any Person offending as aforesaid, shall be chosen a Member of the Assembly of this Island, after Conviction of such Illegal Practices before the Assembly for the time being, by a Vote of the Assembly, e∣very such Person so offending, shall be uncapable to sit as Members of that present Assembly, and be further liable to the Fines and Forfeitures, and be proceeded against as in the foregoing Clause is appointed.

[Clause XV] And be it further Enacted by the Authority aforesaid, That if any Person or Persons, shall causelessly and without just ground,* 1.333 inform a∣gainst, charge or impeach any Person to be an Offender against this Act, in such case, every such Person so informing, charging or impeaching as aforesaid, who doth not make good the same; and also every Justice of the Peace who shall refuse or neglect to do his Duty in and by this Act enjoyned and required, shall forfeit the Sum of Fifty Pounds Sterling to His Majesty, His Heirs and Successors for the Uses aforesaid, to be re∣covered by Action of Debt, Bill, Plaint or Information within the Court of Common Pleas where the Offender liveth, Provided such Action be brought within Three Months after the Offence.

[Clause XVI] And be it further Enacted by the Authority aforesaid, That when∣soever the Writs shall be issued for electing of Representatives,* 1.334 all and every such Writs shall be forthwith published Three Sundays successively, as formerly in the like cases have been used.

And lastly, Be it Enacted by the Authority aforesaid, That all former Acts of this Island concerning Electing Representatives, be from the Publication of this Act void, and are hereby declared Void and Repealed.

Read and pass'd the President and Council, the 5th Day of Au∣gust, 1697.

Read and pass'd the Assembly, Ne∣mine contradicente, this 4th Day of August, 1697.

• George Paine, Deputy Secretary.
• William Rawlin, Clerk of the Assembly.

N ^o 436. An ACT to ascertain the Duty of Masters of Ships and Merchants for the Payment of an Impost of Powder on the Tunnage.

[Preamble.] WHereas heretofore many Deceits and Frauds have been used and practised in the Payment of the Duty of Powder, which tends very much to the Prejudice and great Hazard of the Loss of this Island, if not timely prevented.

To the intent therefore that Merchants, Owners and Masters of Ves∣sels for the future may know their respective Duties on their Arrival, and what Impost of Powder shall henceforward be required of them, and in what manner and to whom the same shall be paid,

[Clause I] Be it Enacted by the Honourable the President and Council, and the General Assembly of this Island,* 1.335 and by the Authority of the same, That every Master or Commander of any Ship or Vessel trading to this Island; shall pay One Pound of Good Gun-powder per Tun, for every Tun (according to the Tunnage of his Ship or Vessel) to the Keeper of the Stores of the Magazine for the time being, before they Land any Goods on Shoar (Horses or other Living Creatures excepted) upon Pe∣nalty and Forfeiture of One Hundred Pounds Sterling, to be forthwith paid by the said Master or Commander, upon Conviction before the Pre∣sident and Council, or Commander in chief for the time being, by the Oath of one or more credible Witnesses that he or they have not paid the same according to the tenour of this Act: And in case he or they shall refuse to pay the Penalty aforesaid, to stand committed by Warrant from the President or Commander in chief, until he or they shall have paid the same; which Forfeiture to be to His Majesty, and applied to the use of the Fortifications of this Island.

[Clause II] And be it further Enacted and Declared by the Authority afore∣said,* 1.336 That all Ships and Vessels liable to the Payment of the Duty by this Act imposed; shall be reported on Oath, or Gaged by the length of the Keel taken within Board (so much as she treads upon the Ground) and the breadth to be taken within Board by the Midship-beam from Plank to Plank; and the depth of the Hold from the Plank below the Kelsey, to the under part of the Deck Flank; and for a Two Deck Ship (which carrieth Goods between Decks) the Depth of her Hold to be taken from the Plank below the Kelsey, to the under part of the Upper Deck Plank, and the length and depth as before; then multiply the length by the breadth, and the Product thereof by the depth, and divide the whole by Ninety Four, and the Quotient will give the true Contents of the Tunnage, according to which Method and Rule all Vessels shall be mea∣sured, and the Duty computed and paid accordingly, any Custom, Usage or Practice to the contrary notwithstanding.

[Clause III] And be it further Enacted by the Authority aforesaid, That the Keeper of the Stores of the Magazine for the time being,* 1.337 is hereby re∣quired to keep a fair Register of all Entries upon Oath, in a well Bound Book, or Books by him to be provided and kept for that purpose, and in no case whatsoever, to receive, take or demand any Reward, Fee or Fees, by vertue of his said Office other than what in this Act is appointed.

And at all times when required by the Committee of Publick Accounts, the said Keeper of the Stores of the Magazine shall bring before the said Committee the said Book or Books, wherein shall be fairly written the Names of such Master or other Person who hath so Entred or Reported; with the Names of such their Ships or Vessels, their Tunnage or Bur∣then, and faithfully account for all Powder, Arms or other Stores that shall be delivered, or come into his Care and Possession by vertue of his Office, for the use or account of the Publick: And if the said Keeper of the Stores of the Magazine shall have reason to suspect any Master or Commander who hath made a short Entry of his Ship or Vessel, Then and in such case, the said Keeper of the Stores shall himself, or imploy a Sworn Surveyor as a Gager, immediately to repair on Board such Vessel or Vessels by him so suspected, to take the true Burthen of such Vessel, according to his best Judgment, and thereof shall make report upon Oath before the Governour and President, or Commander in Chief for the time being, in Presence of the Master, Commander or other Person that made Entry of the said Ship or Vessel; upon which said Judgment and Oath, if it be found that the Entry of the said Ship or Vessel be short, the Master or other Person making that short Entry, shall for the same, forfeit and pay Three Pounds of good Gun-powder for every Tun short entred, without any Fee or Charges to be paid by the said Keeper of the Stores.

And whereas the welfare and safety of this Place in a very great measure depends on the care and fidelity of such Person or Persons as shall for the future be nominated and appointed Keeper of the Stores of the Magazine, it being a Place of great Trust, and highly requisite that a fit Person from time to be elected and chosen by the general Consent and Approbation of the President or Governour, or Commander in chief for the time being, the Council and General Assembly:

[Clause IV] Be it therefore Enacted by the Authority aforesaid, That the Keeper of the Stores of the Magazine from henceforth shall be annually nominated by the General Assembly recommended by them to the Presi∣dent or Governour, or Commander in chief for the time being,* 1.338 with consent of the Council for his confirmation and continuance in such Of∣fice for the term and space of One Year and no longer, without a new Election to be made of him in manner as aforesaid: And to the end such Keeper of the Stores of the Magazine chosen as aforesaid, may have due Encouragement to perform and execute the said Office:

[Clause V] It is hereby Enacted by the Authority aforesaid, That the said Keeper of the Stores of the Magazine, shall Annually receive for his Care and Pains therein, after the Rate of One Hundred Pounds sterling per Annum; which said Reward or Sallery as the same becomes Annually due,* 1.339 shall be paid him by Vertue of an Order from the President or Gover∣nour, or Commander in chief for the time being, with the consent of the Council drawn on the publick Treasurer of this Island at the Motion and Request of the General Assembly: And the said Treasurer is hereby authorized and required from time to time, and at all times hereaf∣ter, to give due Obedience, and make Payment of all such Order and Orders that shall be drawn on him as aforesaid, out of any the publick Treasures.

[Clause VI] And it is hereby Enacted by the Authority aforesaid, That the Keeper of the Stores of the Magazine,* 1.340 shall give sufficient Security in the Secretary's Office, with Two sufficient and responsible Persons besides

himself, to the President and Council, or to the Governour or Comman∣der in chief for the time being, in the Sum of Two Thousand Pounds Sterling Money, for the true and faithful Execution of his Office, and performance of all and every the Trusts and Powers that are by this Law to him committed.

And the said Keeper of the Stores of the Magazine, before he shall be capable of acting in the said Place, shall appear before the President and Council for the time being, and take an Oath on the Holy Evangelists, in the words following;* 1.341 viz. I do swear that I will endeavour to my utmost Power in all things to observe, perform, fulfil, and execute the Place of Keeper of the Stores of the Magazine, and that I will not do or consent to be done any thing that is or may be to the Wrong, Injury or Disadvantage of His Majesty, in the Uses appointed by this Act, but will take due care, well and truly to preserve all such Stores, Arms and Munitions of War as shall be placed or lodged in the Magazine, or put into my Custody or Charge, until the same be lawfully required from me.

[Clause VII] And be it further Enacted and Ordained by the Authority afore∣said,* 1.342 That the Keeper of the Stores of the Magazine, shall be allowed Twenty Pounds Current Money more per Annum for his Charges and Trouble in surveying all such Vessels as he or any other Person shall suspect to be under-entred, besides all reasonable Charges for the bring∣ing to, or carrying from the Magazine any of the Stores thereof, to be paid out of the Publick Treasury of this Island; and the said Keeper of the Stores of the Magazine shall Account with the Committee of Publick Accounts for the time being, for all Matters relating to the Stores of the Magazine, and all other things for which he is or ought be to account∣able as often as he shall be thereunto required by the said Committee of Publick Accounts.

And be it further Enacted by the Authority aforesaid, That the said Keeper of the Stores of the Magazine,* 1.343 shall not any ways, Sell Bar∣ter or Exchange, Export, send off this Island, or Commute or take Mony or any other Value in Lieu of Gunpowder, Fire Arms or other Stores of the said Magazine, or which shall be under his Care or Trust, without the Consent, Leave or Licence of the President and Council, and Assembly or Governour, Council and Assembly for the time being, first had and obtained in Writing, to warrant his so doing: And in case the said Keeper of the Stores of the Magazine, or any Person or Persons having at any time hereafter the Charge and Custody of any Armour, Ordnance and Munition, Shot, Powder or Habiliments of War, of the King's Ma∣jesty's Stores, shall for any Lucre or Gain, wittingly and advisedly, and of purpose to hinder, or Impead His Majesty's Service, Imbezel, Purloyn or Convey away any of the same Armour, Ordnance or Munition, Shot, Powder or Habiliments of War, to the Value of Twenty Shillings, at One or several times, that then every such Offence shall be adjudged Felony; and the Offender or Offenders therein to be tryed, proceeded on and suf∣fer as in case of Felony.

And as is Provided, Enacted and Declared by an Act made in the Thirty First Year of the Reign of Queen Elizabeth, Chapter the Fourth, In∣tituled, An Act against the imbezelling of Armour, Habiliments of War and Victuals; and also of a Statute made in the Twenty Second Year of the Reign of His late Majesty King Charles the Second, Chapter the Fifth; Intituled, An Act for taking away the benefit of the Clergy from such as Steal Cloath from

the Rack and from such as shall Steal or Imbezel his Majesty's Ammunitions and Stores.

[Clause VIII] And be it further Enacted, Ordained and Established by the Au∣thority aforesaid, That the Commissioners for setling the Publick Accounts of this Island for the time being, are hereby declared to have,* 1.344 and shall have full Power and Authority to call, and cause to come before them all such Person or Persons, Officer or Officers, as have been, or shall be entrusted with, or have had the Care and Charge of the Stores of the Magazine for any time past, and that they and every of them render fair and just Accounts of all such Stores, Ammunition and Money, as have been by him or them received for the Use of the publick, or for which he or they do or shall stand Charged; and are or ought to be ac∣countable; and therein the said Commissioners have and shall have full power and authortiy to grant Execution against any Person or Persons whatsoever, their Executors and Administrators, that are any ways in∣debted as aforesaid, and to command all Books of Accounts and Wri∣tings of any Debtor or Debtors before them, whereby proof or discovery may be made of any such Debt or Debts so due for any Stores, Arms or Ammunitions as aforesaid, and to administer Oaths to any Person or Persons whatsoever, for manifesting the truth. And in all these particu∣lars to have the like Authority as is used in the high and honourable Court of Chancery, and to proceed therein as by an Act lately expired; Inti∣tuled, An Act for appointing a Committee for setling the Publick Accounts of this Island, bearing Date the Eighth Day of May, One Thousand, Six Hundred, Ninety and Six; the said Committee was Impowered to proceed against any other Person or Persons whatsoever indebted to the bublick.

Provided always, That the Power given to the said Committee, extend not to call in Question any Person or Persons who have had the Care and Trust of the said Magazine, for above Twelve Years last past; any thing in the aforesaid Act, or this Present Act contained to the con∣trary notwithstanding.

[Clause IX] Repeal of the former Acts to this purpose. And be it further Enacted by the Authority aforesaid, That an Act bearing Date the Twenty Fifth Day of May, One Thousand, Six Hundred, Sixty and Nine, Intituled, An Act appointing an Impost of Powder on the Tunnage of all Ships trading to this Island; and one other Act bear∣ing Date the Nineteenth Day of August, One Thousand, Six Hundred Ninety and Six, Intituled, An Act to prevent Frauds and Concealments in the Payment of the Powder Duty; and all the Clauses, Sentences and Provisoes therein contained, are hereby declared to be Repealed, and shall stand Repealed to all Intents and Purposes whatsoever; any thing in the said Acts or any of them contained to the contrary notwithstanding.

Read and pass'd the President and Council, the 15th Day of June, 1697.

Read and pass'd the Assembly, the Eighth Day of June, 1697, Ne∣mine contradicente.

• George Paine, Deputy Secretary.
• William Rawlin, Clerk of the Assembly.

N ^o 437. An ACT for the Settlement of the Militia of this Island.

[Preamble.] FOrasmuch as it is highly reasonable that the Inhabitants of this Island should be well armed and provided with sufficient Stores of Ammunition and other Necessaries of War; as also be carefully exercised and instructed in the Military Art and Feats of Arms, which will tend as well to the Honour and Service of His most excellent Majesty, as the Preservation of our Lives and Estates.

[Clause I] Be it therefore Enacted by the President, Council and General Assembly of this Island,* 1.345 and by the Authority of the same, That every Freeholder or other Freeman inhabiting this Island, who hath not already contracted to serve some Person in his Plantation, to appear and serve for him in the Militia, for, and during the space of Six Months at least, and not serving on Horse Back, shall be forthwith inlisted a Souldier on Foot in such Regiment where they do or shall reside, and provide himself with one Red Coat, one Black Hat, one well fixed Musquet or Fusil, one good Sword or Byonet, one Cartridge-Box filled with Cartridges, fitted with Powder and Ball, or one Collar of Bandaleers, and shall always have by him in Store, one Pound or very good Musquet Powder, Four Pounds of Bullet fitting the Bore of his Musquet or Musquets, Fusil or Fusils when put into the Cartridges (or otherways if Bandaleers) which shall be made up into Cartridges by such Person or Persons as have Cartridge-Boxes, and kept in their Cartridge-Boxes, except always such Persons who are already provided with Collars of Bandaleers, who are hereby allowed Eight Months to provide themselves with good Trunks or Bucchaneer Cartridge Boxes.

[Clause II] And be it further Enacted by the Authority aforesaid, That e∣very Inhabitant of this Island,* 1.346 who is, or shall be in actual Possession of Twenty Acres of Land or upwards within this Island, shall find or pro∣vide for every such Twenty Acres of Land, one sufficient Able Man to bear Arms for the Service of His Majesty in defence of this Island; and so proportionably for a greater quantity of Land, and shall provide for every such Man, such Arms and Accouterments, and like quantity of Am∣munition in all respects as every Freeman serving on Foot is before by this Act appointed to provide, to be always in store by him, except only such Persons who have but Twenty Acres of Land and no more, who serve in their own Persons.* 1.347

[Clause III] And be it also further Enacted, That every Two Tenants ap∣pearing compleat in Arms for the Landlord,* 1.348 shall be henceforth deemed and taken equivalent to Three common Freemen or Servants serving ei∣ther on Horse or Foot. Provided always, That every such Tenant occupy and possess Two Acres of Land at the least, they having a Lease of the same in Writing for Three Years or more, and live upon the same Land; otherwise the Landlord shall receive no advantage there∣by.

[Clause IV] * 1.349And be it further Enacted by the Authority aforesaid, That every Person that is Owner or Possessor of One Hundred Acres of Land or more, either in his own Right, or as Agent to another; or by any other Way, Title or Tenure whatsoever, shall for every Hundred Acres, fur∣nish and set forth one Able Horse, Manned and compleatly Armed for

His Majesty's Service, and this Islands further Preservation, in case of Invasion or Insurrection; and for One Hundred Sixty Acres of Land, find and set forth Two such Horses and Men, and so one Horse and Man for every Hundred Acres of Land he hath more manned, and furnish∣ed each with a Red Coat, and Black Hat, a good serviceable Saddle, Crupper, Breast-Plate, Head-stall and Reins, with a Case of good well fixed Pistols and Holsters, a good Carabine with a Belt and Swivel to sling it in, and a good Fusil, with a Wire and Worm, and Cover for the Lock and Cork for the Muzzel. Provided they have One Years time from the Publication of this Act to be provided with Fusees, and appear with a Fusil upon Alarms only, and not upon usual Exercise, one Flask or Cartridge-Box, a good Sword, a pair of Shoe-Boots, or Sping Boots and Spurs, and have always in Store by him, One Pound of good Pistol-Powder, and Two Pounds of good Pistol Bullets, and one Pound of Bullets fit for the Bore of his Carrabine and Fusil, made up in Car∣tridges, if he have, or send Cartridge-Boxes to be kept close in his or their Box or Boxes, as far as it, or they will contain them for each such Horse so set forth, for which the Owner or Possessor of each such Horse so set forth, shall be excused Two Foot Soldiers.

[Clause V] And be it further Enacted by the Authority aforesaid, That every Freeholder or Freeman within this Island,* 1.350 although he be not possessed of One Hundred Acres of Land, yet if he have a sufficient Horse of his own, able for such Service, shall in like manner be provided with Furniture, Arms and Ammunition for the Service aforesaid, and shall attend his Of∣ficers on Exercising Days, or upon any other lawful Summons whatso∣ever, at the Place appointed; and shall therefore be excused Two Foot-Soldiers if any be required from him by this Act before men∣tioned.

And to the intent the careless and stubborn People of this Island, who shall either neglect or refuse to yield Obedience to this Act may be compelled thereto,

[Clause VI] And be it Enacted and Ordained by the Authority aforesaid, That all such Persons who are by this Act appointed to serve on Foot,* 1.351 do duly make their Appearance compleat in Arms, as is before mentioned at such Times and Places as are or shall be to them legally appointed for Exer∣cise, by their respective Officer or Officers, or upon any other lawful Summons whatsoever, and do then bring with them Four Charges of Gun-powder and Ball; and that every Person who shall be found de∣fective in fitting themselves, or providing such Persons as they are to set forth with Arms, Ammunition and Accouterments, as by this Act is en∣joyned, shall (unless he send a reasonable Excuse in Writing, to the Com∣mander then and there being, or proves it afterward by the Oath of some credible Witness) forfeit in manner and form following, viz. For every Default of Appearance at the Time and Place of Exercise, or upon o∣ther Lawful Summons whatsoever, Five Shillings Sterling for every Day each Man, according to the Offenders Proportion of Land, shall be wanting, and the like Sum of Five Shillings for every Day, if the Ser∣vice be for the Day only; or every Night, if the Service be for the Night only: But if the Duty shall continue Twenty Four Hours, he shall forfeit but Five Shillings for the whole upon any Duty whatsoever that he shall be wanting. And all Persons appearing not being compleatly armed, and cloathed according to this Act, shall forfeit (for the Person for whom he serves) for every well fixed Musquet or Fusil he or she

shall want of his or her Proportion, Two Shillings; for every Sword or Byonet, Two Shillings; for every Cartridge-Box or Collar of Bandaleers, Two Shillings; for appearing without a Red Coat, Two Shillings and Six-pence; without a black Hat, Two Shillings; and for want of Shoes and Stockings Two Shillings; and for want of Four Charges of Powder and Ball one Shilling; and for every Pound of Gun-powder he shall want of his proportion in Store by him, made up into Cartridges, or filled into Bandaleers, One Shilling; and for want of every Pound of Bullet by him, or placed in the Pouch, Six Pence, as is by the first Paragraph in this Act appointed; which aforesaid Fines are to be levied for each par∣ticular default expressed in the Execution, and not otherwise: Always Provided,* 1.352 That none of the particular Defaults aforesaid, are to be levied upon Persons not appearing, but such Fine only as is imposed for their Non-appearance. And to the end each Man's Stores may be the better known, the respective Colonels within this Island, are impowered to appoint fit Persons from time to time of their Commission Officers im∣mediately after the Publication of this Act, to inspect the same within their several Divisions, who shall report the state thereof to them, who shall immediately return the Names of every Offender and Offenders a∣gainst this Act, to the Colonel or Commander in chief of every re∣spective Regiment, under the Penalty of Thirty Shillings to be levied by Warrant under the Hand and Seal of the respective Colonels directed to the next Constable to be by him levied in the same manner as in case of Servants Wages; and so from Month to Month: And the respective Co∣lonels shall make due Report of all such Returns unto the President and Council, or to the Commander in chief of this Island for the time being, in Two Months after the Publication of this Act, and so every Two Months, under the Pain and Forfeiture of Fifty Shillings, to be levied by Warrant under the Hand and Seal of the President or Commander in chief for the time being; who is hereby desired and impowered to issue the same directed to the Provost Marshal or his lawful Deputy, to levy the same in manner as in case of Servants Wages.

[Clause VII] And it is further Enacted, Declared and Established by the Au∣thority aforesaid, That whatsoever Person shall neglect to appear with a Sufficient Horse or Horses in proportion to his Land, Manned and E∣quipped as by this Act is Enjoyned, at such Time and Place as shall be Legally appointed for Exercise by the respective Officer or Officers, or upon any other Lawful Summons shall (unless he sent a reasonable Excuse to the Commander then or there being, or prove it afterwards by the Oath of some Credible Witness, as in case of Sickness or some ex∣traordinary unexpected Business, such Excuse to be Lawfully accepted) forfeit as follows;* 1.353 viz. For non-appearance of each Person on Horse-back Ten Shillings for every Day, if the Service be for the Day only; or for every Night, if the Service be for the Night only: But if the Duty shall continue Twenty Four Hours, he shall forfeit for the whole time but Ten Shillings. And all Persons appearing, not being compleatly Arm∣ed according to this Act, shall for default of every pair of well fixed Pistols and Holsters, forfeit Five Shillings; for every Flask or Car∣tridge-Box, Two Shillings; for every Sword, Two Shilling; for every Ca∣rabine, Belt and Swivel, Five Shillings; for every pair of Boots and Spurs Five Shillings; for every Pound of Powder he should have in Store by him, Five Shillings and Six Pence; and for every Two Pound of Bullet, one Shilling, in such manner as is appointed in the Fifth Paragraph of this Act

to be levied for, by the Marshal of each respective Regiment (or his lawful Deputy) in manner following; Viz. A List of the aforesaid De∣faults so soon as they or any of them shall happen, shall be Signed by a Commission Officer of the Troop or Company in which it or they are made, and sent to the Colonel or Commander in chief for the time be∣ing, of the said Regiment, who hath hereby full Power and Authority as occasion shall offer, to sign Execution against the Offender, and issue out his Warrant to the Marshal of the said Regiment, or his Deputy; and in Case of resistance, then and in such Case the Colonel or Com∣mander in chief of such Regiment is hereby authorized to raise such Forces as he in his discretion shall think fit, who are hereby required at all times upon Summons by Vertue of the said Precept, to be aiding and assisting to the utmost of their Power to the said Marshal or his Depu∣ty, in executing the same: And if any Person or Persons incurring the said Penalties, shall refuse to shew such Goods, Chattles or Estate, as may be sufficient for Payment of the Forfeiture according to the Execution grant∣ed, then and in such Case, it shall and may be lawful to and for the said Officer or his Deputy, to take whatsoever he can find in the Plantation or Custody of the said Offender that is legally distrainable for the Pay∣ment aforesaid; Provided always,* 1.354 That the said Marshals of the Respective Regiments or their Deputies, do not make unreasonable Di∣stresses, taking Goods that much exceed the Value of the Defaults distrain∣ed for; but do come as near the Value of the Defaults as possibly they can: And that it may be the better understood whether they observe the Proviso aforesaid, the said Marshal or his Deputy upon such Distress, shall leave a Certificate of what Goods and Chattles he hath so distrain∣ed upon, and for what Value, with the Owner thereof; and all such Attachments shall be fully executed, and an Appraisment of all Goods Attached, made and Finished within Ten Weeks next after the Default of the Delinquent, otherwise to be void, and the Overplus if any be, shall be retained by the Marshal to the Party from whom it was Attach∣ed: And the said Marshal neglecting or refusing to do the same within Ten Days, from taking the Distress, shall forfeit double the Value of the Overplus so by him taken, to be recovered by Complaint of the Par∣ty grieved, before any Justice of the Peace within this Island, as in case of Servants Wages.

[Clause VIII] And be it further Enacted and Ordained by the Authority aforesaid, That it shall and may be lawful to and for the Colonel or Commissioner in chief of every respective Regiment for the time being,* 1.355 to sign Exe∣cution against Defaulters, and to issue out Warrants of Appraisment, and thereby to command the respective Marshals of such Regiments or their Deputies, to Summon Three Free-holders of the Neighbourhood, which Three (or any Two of them) are to make a just and conscio∣nable Appraisment of such Goods and Effects as shall be shewed by the Delinquent himself; and in case of his refusal, then by the Officer or his Deputy for satisfaction of the Execution aforesaid; and such Ap∣praisment to give under their Hands or any Two of them upon Oath; which Oath the Marshal of each respective Regiment or his Deputy, is hereby authorized and required to administer to such Appraisers; and if the Person or Persons Delinquents as aforesaid, shall not shew Effects, or if the Marshal or his Deputy shall not find any Goods, Chattels or Estate of the said Delinquents whereupon to levy his Execution for satisfaction of the Forfeitures therein mentioned, Then the Marshal or his Deputy

by Warrant from the Colonel or Commander in chief of the said Re∣giment for the time being,* 1.356 who is hereby impowered to grant the same, shall apprehend the Body or Bodies of the Person or Persons delinquent as aforesaid, and him or them to bring or cause to be brought before the said Colonel or Commander in chief of the Regiment for the time be∣ing, where such Default is or shall be made as aforesaid; who is hereby required to command such Delinquents to be obedient to this Act, and to make Payment for every past Default so due as aforesaid: And upon Non-compliance or Refusal, to send such Delinquent or Delinquents by the said Marshal or his Deputy, with a Mittimus to the Provost Marshal of this Island for the time being, who is hereby impowered and commanded to receive the Body or Bodies of such Refractory Person or Persons, and in safe Custody to keep, until he or they shall become conformable to the said Act,* 1.357 or be thence delivered by due course of Law. Always Provided, and it is the true intent and meaning of this Act, that when any Troop or Company are summoned unto Arms for Exercise or other∣wise, and no Commission Officer be there present to perform the Duty, no Default of all or any Person shall be then or for such time Finable; but the Commission Officers in such case shall be Fined for their De∣faults; viz. The Captain of Horse, Twenty Shillings, the Lieutenant Fifteen Shillings, the Cornet, Ten Shillings, and the Quarter-Master, Se∣ven Shillings and Six Pence: The Captain of a Foot-Company, Twenty Shillings, the Lieutenant Fifteen Shillings, and the Ensign Ten Shillings, upon due Proof thereof made before the Colonel or Commander in chief of the said Regiment; and the Fine shall be levied as other Offences be∣fore by this Act are appointed to be levied.

And since it is not legal or equitable to punish Men for Impossibili∣ties, the Inhabitants of this Island not being able to provide themselves with Servants during this War, and that all imaginable Provision hath been made by the President, Council and General Assembly, both to pro∣vide Servants, and to impose the said Servants upon such as want the same to serve in the Militia.

[Clause IX] Be it Enacted by the Authority aforesaid, That no Person from and after the Publication of this Act,* 1.358 shall be returned or levied upon for not sending his Complement of Men, who sends all the Servants and Te∣nants he hath or can procure on the terms in this Act; and the Act that now doth, or any Law that shall hereafter set the Prizes given for Ser∣vants brought to this Island, shall appoint to the best of his Knowledge; which said Person shall make out upon Oath if thereto required, before the Captain of every Troop or Company in the Division he lives, or be∣fore the Colonel or Commander in chief of the said Regiment for the time being:* 1.359 Provided always, That no Person be obliged to give more than Nine Pounds Sterling per Annum during the present War with France to any such Servant. And Provided always, That such Ser∣vant shall do such Service and Duty as he hath contracted for; and in case he shall prove unfit for such Service, and not deserve the Wages afore∣said, then the Master having proved the same before the next Justice of the Peace, and having Certificate thereof, under the said Justices Hand, may lawfully dismiss the said Servant from such Service, and yet shall not be deemed a Delinquent, according to the purport of this Act; any thing herein before contained to the contrary notwithstanding.

[Clause X]

Be it also Enacted, Ordained and Established by the Authority a∣foresaid, That if any Servant or other Soldier enlisted to serve for any other Person, shall make any of the aforesaid Defaults,* 1.360 which are in no wise chargeable upon, or imputable to the Person for whom he serves, then and in such case it shall and may be lawful to and for the Colonel or Commander in chief for the time being of such Regiment, to give such Offender Corporal Punishment,* 1.361 (Provided he pay not his Fine be∣fore, or at the next Exercising Day that the Person he serves for should have paid) by lying Neck and Heels, running the Gantlop, or riding the Wooden Horse, not exceeding One Hour, with one Musket at each Foot, at the next meeting of the Troop or Company, at the discretion of the said Colonel or Commander.

[Clause XI] And it is further Enacted and Ordained by the Authority afore∣said, That if any Person or Persons that shall be summoned as Apprai∣sers (which Summons are to be made in Writing) and left with the Par∣ty or Parties at his or their House or Houses,* 1.362 or common Place of A∣bode, at the least Forty Eight Hours before the time of Appraisment, to be proved upon Oath before the Colonel or Commander in chief of such Regiment for the time being, who is hereby authorized to administer the same, shall not appear, or appearing,* 1.363 shall refuse to make Apprais∣ment as aforesaid, that then every such Person without a reasonable Ex∣cuse, to be adjudged by the said Colonel or Commander in chief for the time being of the said Regiment, shall forfeit Thirty Shillings, to be levied by Warrant from the Colonel or Commander in Chief for the time being, of the said Regiment directed to the said Marshal or his Deputy, to levy the same upon their or any of their Goods or Estate by way of Distress, in the same manner, form and effect, to all intents and purposes whatsoever, as is appointed and practised by Justices and Con∣stables as in case of Servants Wages: All which said Fines the said Mar∣shals of the Horse and Foot may retain to their own Use.

[Clause XII] And it is hereby Enacted, Published and Declared by the Autho∣rity aforesaid,* 1.364 That the Colonel or Commander in chief for the time being of the Life-Guard, hath, and shall have the same power to issue forth his Warrant and Warrants to his Marshal; and the said Marshal or his Deputy hath and shall have thereby the same Power to levy such Fines, Penalties and Forfeitures of the Goods or Estate of any Person or Persons inlisted under his Command, offending as aforesaid; and have also the like power in all things, and in the same manner as the Colonels or Commanders in chief for the time being, of every respective Regiment have hereby unto them granted.

And whereas the Assessment upon every Hundred Acres of Land to find one Horse and Rider as aforesaid, may prove very inconvenient to the Honourable the Members of His Majesty's Council in this Island, to the Gentlemen of the Assembly, Judges of Courts, and Field Officers of the respective Regiments within this Island, in respect of their Pub∣lick Imployments.

[Clause XIII] Be it therefore Enacted, Ordained, Published and Declared by the Authority aforesaid, That all Persons that are actually of the Council,* 1.365 and all Field-Officers in Commission, and Resident in this Island, be al∣lowed and abated out of their Proportion enjoyned by this Act, Two Horses each, whereof his own Riding Horse to be one, (Provided they take this Priviledge in one Capacity only) all Gentlemen of the Assem∣bly, all that have been of the Council, all that are or have been chief

Judges of Courts, and also all that have born Commissions as Field-Officers and resident within this Island, shall be allowed out of their Pro∣portion before Enacted, One Horse each and no more for his own use with the above Condition.

[Clause XIV] And it is further Enacted and Declared, That all the Honourable Members of the Council,* 1.366 are hereby exempted from all Military Duty in their own Persons, they being by their Offices obliged to attend the Person of the General, and to be employed in no other Service, nor upon that but in case of Alarums, Invasion or Insurrection, unless such as bear a Military Command.

[Clause XV] And it is further Enacted, That every Gentleman of the Assem∣bly for the time being,* 1.367 all chief Judges of Courts and their Assistants, or that have been chief Judges, all that have been Members of the Council, all that have served as Field-Officers, but are out of Commis∣sion, all Justices of the Peace be exempted from all Military Duty in their own Persons, (except in case of Alarums) who are then and in such case, enjoyned to appear with such Arms, Ammunition and Accouter∣ments as are by this Act required, from all and every other Person ser∣ving on Horseback in the Troop within the Division where they live, and be liable to the like Penalties for Non-appearance, and other Defi∣ciences herein after expressed. But for, and during the time of the present War, the Justices of the Peace, and the several respective As∣sistants of each respective Court within this Island,* 1.368 shall appear armed and accoutred as aforesaid, in their respective Troops within the Division they live, on all Days of Exercise, to the intent their Horses may be en∣ured to the Firing of Guns, and become the more bold, thereby to charge the Enemy in case of an Invasion. Provided always, and it is the true intent and meaning of this Act, that the said Justices be not liable to Petrols, or the common Duties of the Troop, at no other time than upon Alarums or actual Invasion.

[Clause XVI] And be it further Enacted by the Authority aforesaid, That no other Person or Persons,* 1.369 of what account soever (except as it is before excepted) shall be freed or exempted from Personally riding his own Horse, or otherwise being in Arms on Foot, when thereunto legally re∣quired for the strengthening the Militia of this Island, and that all Persons that are able to bear Arms may be exercised and made fit for the better Service of his Majesty, in the Defence and Preservation of this Island.

[Clause XVII] Be it Ordained and Established by the Authority aforesaid, That what Persons soever who have Apprentices as Merchants,* 1.370 Artificers and others, and be deemed fit for his Majesty's Service, shall be forthwith inlisted by the Commanders of the several Companies in whose Division they reside, and appear compleat in Arms in all respects as by this Act before is appointed upon Foot Soldiers; and for any Defect or De∣fault, to be subject to the like Penalties as Landed Men are, if the Ma∣ster be found in default therein.* 1.371 Always Provided, all such Appren∣tices of Artificers, shall be by the Colonel or Commander in chief of that Regiment for the time being billeted proportionably upon Persons that want Servants for their number of Acres aforesaid; and the Persons for whom they serve, shall furnish them with all Accouterments, Arms and Ammunition as is by this Act appointed.

[Clause XVIII] And be it further Enacted and Established by the Authority afore∣said, That what Person soever that is or shall be hereafter inlisted under the Command either of Horse or Foot within this Island, and receiving

legal Summons according to the appointment of this Act,* 1.372 by sound of Trumpet, Beat of Drum, or otherwise to appear in Arms, it being by Order from the President or Commander in chief for the time being, of this Island, and appearing, shall refuse and neglect to perform such Mi∣litary Duty as shall be required from him; or in case such Person shall depart his Colours or his Guard with his Arms, without leave from his Officer or Officers, and being convicted thereof before his Captain or Field Officer there being, shall be fined Twenty Shillings; and in case he doth not pay the same before, or at the next exercising Day, then to receive moderate Corporal Punishment, by lying Neck and Heels, running the Gantlop, or riding the Wooden-Horse, not exceeding one Hour, with one Musquet at each Heel, by order of the Colonel or any Field Officer of the said Regiment.

[Clause XIX] And be it further Enacted, Established and Ordained by the Au∣thority aforesaid,* 1.373 That if any Person or Persons listed in some Company or Troop of a Regiment, shall remove from his or their Place of A∣boad into any other Company of the same Regiment, or within the bounds of some other Regiment, he shall forthwith upon such Removal cause himself to be inlisted in that Company or Troop where he goeth to abide, and shall thereof bring a Certificate to the last Captain, who upon Receit thereof, shall give him a Furloe for his Discharge from fur∣ther Duty to be required of him; and whosoever shall neglect his Duty therein, shall in case of any Defect by him or them made in the Com∣pany or Companies Troop or Troops where he or they were first in∣listed, incur the Penalties of this Act enjoyned for non-appearance, and shall be levied in the same manner, and converted to the same use as is therein expressed.

[Clause XX] And be it further Enacted, Established and Ordained by the Au∣thority aforesaid, That every poor Freeman within this Island,* 1.374 whether hired to or with any Person or otherwise, shall duly appear compleat in Arms in the Company wherein he is, or shall be inlisted, and in the same Company, shall diligently serve for the space of Six Months then next following his inlisting; and if such Freeman hath not such Arms and Am∣munition as is required by this Act, he shall be provided therewith by the Person with whom he lives or doth work for the time of his being so hired, and shall secure the return thereof to the proper Owner when∣soever thereunto required; but if any such Freeman shall break, spoil or lose such Arms, so that he cannot make re-delivery of them in as good order and condition as they were when he received them, then he shall make satisfaction for such Arms to the proper Owner thereof, either in Money or Goods; or else upon complaint made to the Colonel or Com∣mander in chief for the time being, of the Regiment to which the said Party belongs, the said Freeman shall be by him ordered to serve the Owner of such Arms, until satisfaction be made for the same, according to the discretion of the Colonel or Commander in chief of that Regi∣ment for the time being, who is hereby authorized and required to do the same, by sending his or their Warrant or Warrants to cause the Party offending to appear before him or them; and upon hearing the Matter, shall (if he or they so cause) order him to make satisfaction as afore∣said: And if the Person so offending, refuse to satisfy or serve according to the Order of the said Colonel or Commander in chief, that he be committed to Goal by the said Colonel or Commander in chief of the said

Regiment for the time being, there to remain until he conform accord∣ingly.

[Clause XXI] And to the intent such of His Majesty's good Subjects of this Island who are willing and forward to serve in their own Persons, and to pro∣vide and send such number of Men with Arms and Ammunition, either to Horse or Foot-Service, upon all Occasions as by this Act is enjoyned them, may not be discouraged by the unpunished Contempts of the Re∣fractory, Stubborn and Malicious, who wilfully and obstinately make default, and will not appear themselves, as in this Act provided, nor send Men in Arms according to the proportion of Land whereof they are Possessors, obstinately refusing to yield Obedience to the Law, shall for∣feit for his first Offence,* 1.375 Ten Shillings for each Horse and Man compleat in Arms he ought by this Act to appear on, or send into the Field for Exercising; and for his Second Offence, shall forfeit and pay Twenty Shillings, and for his Third Offence, shall forfeit and pay Thirty Shil∣lings for each Omission as aforesaid. And every Person that shall not appear or send to the exercising of the Foot, shall forfeit and pay for the first Offence, Five Shillings, and for the Second Ten Shillings, and for the Third Fifteen Shillings.

And for the better ascertaining who shall be deemed a Refractory Person,

[Clause XXII] It is hereby Ordained and Enacted, That any Person that shall have Execution levied upon him for not appearing or sending Horse or Foot as by this Act is appointed,* 1.376 compleat in Arms to the Exercise, and shall notwithstanding wilfully and obstinately in contempt of this Law, refuse to, and continue not to send any, shall be deemed and taken for a Refractory Person by this Act, and no other Person whatsoever, and shall for his first Offence, forfeit and pay Ten Shillings; for his Second Offence Twenty Shillings; and for his Third Offence Thirty Shillings; and after the said Third Offence, the said Forfeiture to begin again, as for the First Offence, and so on to the Third, not exceeding the several For∣feitures aforesaid, to be imposed and levied for every such Offence as they shall happen severally as aforesaid, until he do appear or send his Proportion of Horse and Men compleat in Arms, as by this Act is pro∣vided. And in like manner, such as are obliged to serve in or send to the Foot as shall be Refractory as aforesaid, shall pay for himself and each Person he is or ought to send, Five Shillings for the First Offence, Ten Shillings for his Second Offence, and Fifteen Shillings for his Third Of∣fence; and so begin again, as from his First, to the Third Offence se∣verally, and not otherwise, until he doth appear or send as aforesaid. And the Colonel or Commander in chief for the time being, of the re∣spective Regiments, have hereby full Power and Authority to issue Exe∣cution directed to the Marshal of the Regiment, to attach any of the Goods or Estate of the Person so contemptuously in default, and the same to appraise, and further to proceed in all things as is in and by this Act appointed.

And whereas great Mischiefs will unavoidably happen, unless some strict course be taken for the punishing of Mutinies, which may be committed in the time of Service and other Disorders, as Soldiers striking or threatning their Officers, being a thing of dangerous Conse∣quences.

[Clause XXIII]

It is therefore Enacted and Ordained by the Authority afore∣said, That if any Soldier or Soldiers in time of Service, Exercise or Duty whatsoever, shall presume to strike or threaten his Officer, shall begin, raise, abet or countenance any Mutiny or Disturbance whatsoever a∣mongst his Fellow Soldiers,* 1.377 such Offender or Offenders shall forfeit and pay Twenty Pound Sterling for such Offence, to be levied by the Mar∣shal of that Regiment in manner aforesaid, for the use of His Majesty, to the Repairs of the Publick Fortifications, or for default of such Pay∣ment in Ten Weeks after the Offence committed, shall be moderately pu∣nished by the Colonel or Commander in chief for the time being, under whose Command such Soldier or Soldiers are, by running the Gantlop, lying Neck and Heels, or riding the Wooden-Horse, at the discretion of the Colonel or Commander of the said Regiment for the time being.

And forasmuch as the Safety and Preservation of this Island lieth very much in speedy giving forth and setting forward of an Alarum, and forasmuch as the nature of the Forces that may come to invade this Place, will in all likelihood be best and soonest known to the Honourable the President, or to His Majesty's Governour here, or Commander in chief of this Island; and also forasmuch as that an Enemy may the better know how to take his Measures, if how many Ships shall give an A∣larum should be established by an Act:

[Clause XXIV] The Honourable the President or Commander in chief for the time being, is hereby desired by and with the advice and consent of the Coun∣cil from time to time,* 1.378 to appoint how many Ships or Vessels shall give an Alarum to the Forts, and how many Ships or lesser Vessels shall give an Alarum to the whole Island, and also to appoint how the said Ala∣rums shall be set forward, either by firing Guns, beat of Drums, dis∣charging Three Muskets distinctly, ringing of Bells, blowing of Shells, sending of Messengers from one Neighbour to another, hanging out white Cloaths from the Top-Fanes of Wind-mills by Day, and Lights by Night; and so from one Mill to another, until it hath passed the whole Island throughout, or by all these recited particulars, or by as many of them, or any other, as the Honourable the President, or the Commissioner in chief here for the time being, and Council shall from time to time think fit and reasonable.

And the President is humbly supplicated to place Guns upon Lessly's-Hill, Ramsay's-Hill, the Mount, Brigg's-Hill, and other convenient Places for the speedy carrying on of an Alarum, which appointment for an A∣larum when agreed upon, the President or the Commissioner in chief as aforesaid, is humbly desired to cause Publication thereof to be made in the several Parish Churches of this Island, to the end the respective Inha∣bitants may know what is their Duty in that particular; and after such Publication, if any Person shall fail of setting forward the Alarum, by the Signs to him appointed, according to his Capacity with all diligence, he shall for every such Offence, suffer Six Months Imprisonment,* 1.379 with∣out Bail or Mainprize, the same to be inflicted by order of the Commis∣sioner in chief of this Island; and th••t on the Alarum given according to the Rules of the President or Commander in chief, and Council for the time appointed and ordained; if the Alarum be to the Forts only, all Persons that are or shall be appointed in such case for the Defence of the said Forts, are to repair immediately to their Colours, or to such other place as the President or Commander in chief for the time being shall di∣rect. And if the Alarum be to the whole Island, all Persons of what

Degree or Quality whatsoever, are to repair to their Colours, or Places of Meeting that are or shall be by the President or Commander in chief and Council for the time being appointed, and till such Publication as aforesaid, any and every Person may and shall upon sight of Seven Ships, give an Alarum to the Towns, and of Twelve Ships or more to the Country.

And whereas the Penalty aforesaid in this Act, provided upon Per∣sons not appearing in Arms upon Alarms, are not thought sufficient Pu∣nishment for such refractory Contemners of the Law, and Enemies unto the Safety of this Island,

[Clause XXV] It is therefore further Enacted by the Authority aforesaid, That every Man (not excused by this Act) who is Personally in this Island,* 1.380 who is of the Age of Fifteen Years, shall appear in Arms at his Post, as by this Act is appointed; and every Person wilfully failing as afore∣said, shall forfeit for every Foot-man not appearing, Five Pounds Ster∣ling, and so for every Four and Twenty Hours the like Sum, till they are legally discharged; and for every Horse-Man Ten Pounds Sterling, in like manner as aforesaid, the same to be levied by the Marshal belong∣ing to the Colonel, by Warrant under the Hand of the Colonel or Com∣mander in chief for the time being, to whom the said Defaults doth be∣long, in the same manner as in case of Servants Wages by Law is ap∣pointed; and the said Forfeiture to be paid into the Hands of the Trea∣surer of this Island for the time being, to and for the use of His Ma∣jesty, for the Fortifications, reserving only out of the same, Ten per Cent. to the Marshal: And that the Colonels or Commanders in chief of each Regiment, do within One Month after each Alarum, give a true List of all the Executions they signed for Defaults on all Alarums, to the Treasurer of this Island, the better to enable him to charge the several Marshals of the Regiments therewith; who is hereby required to pay the same into the Treasury of this Island within Ten Weeks after the Date of the several Executions as aforesaid. And further, that the said De∣faulters be by Order of the said Colonel or Commander in chief for the time being, brought by a Guard to the Post where he or they ought to appear, there to be employed as Pioneers or otherwise, at the discretion of the Colonel or Commander in chief for the time being.

And for the greater Encouragement of all such Persons as are or shall be appointed Commission Officers, and are notwithstanding to find Horse and Arms in the several Troops of Horse in whose Division they dwell; and that they may the more chearfully proceed in the great Credit and Trust reposed in them,

[Clause XXVI] Be it Enacted and Ordained by the Authority aforesaid, That all and every Commission Officers now being in Commission,* 1.381 or which shall hereafter be, shall from and after publication hereof, be excused of One Horse and a Man, of those which he is to send, according to the Prescription of this Act, to serve in the Troop or Troops to which the said Commission Officer did or doth, or shall hereafter belong during the time of his being in Commission as aforesaid; any thing in this Act to the contrary notwithstanding.

[Clause XXVII] And it is further Enacted and Declared by the Authority afore∣said, That upon all such Occasions,* 1.382 the Masters of such Servants or Free∣men who are so upon Service for their Account, and are detained on the Guard all Night, shall forthwith send down such Provisions ready drest as may be needful and sufficient for every such Soldier then upon

Service, in default thereof, the chief Officer there being, shall supply the same; and the Person so offending, shall pay for every such De∣fault, Two Shillings and Six Pence Sterling, besides Charges for each Souldier, every Twenty Four Hours the said Guards shall continue, the same to be levied in manner and form as is before provided; and that the said Fines be paid to the said Officer that had Command of that Guard, to reimburse his present Expences, and the overplus, if any be, by him distributed amongst the inferior Officers and Soldiers then and there in Service.

[Clause XXVIII] And it is hereby further Enacted by the Authority aforesaid, That upon the approach of an Enemy,* 1.383 it shall be lawful for the Colonel or Commander in chief for the time being of every Regiment, to press Horses, Cattel, Harness and Drivers for Draught of the Field-Guns, to such Places as Order shall be then given for, and also Carts, Horses and Cattel for any other Service, at such time requisite, and also to press Boats, and Negroes for Pioneers, and Victuals for Sol∣diers in case of necessity; for all which the respective Owners shall re∣ceive full recompence out of the publick Treasury of this Island.

And to the intent that due encouragement may be given to all such Freemen and Servants as shall cheerfully and boldly oppose the common Enemy,

[Clause XXIX] Be it Enacted and Ordained by the Authority aforesaid, That e∣very Servant that shall engage and manfully behave himself in Fight a∣gainst the Enemy,* 1.384 and produce a Certificate thereof from any Com∣mission Officer, shall be, and is hereby declared a Freeman, and be ab∣solutely held free, from all future Service towards his Master or Mistress, from and immediately after his engaging against the Enemy as afore∣said; and whatsoever Negro shall so behave himself, and prove the same by Oath of any credible Witness, shall receive Yearly a Livery Coat and an Hat from the Publick Treasury, and white Servants allowance of Victuals from the Master or Owner.

[Clause XXX] And be it further Enacted by the Authority aforesaid, That if in the Service aforesaid, any Servant or Negro shall happen to be kill'd, lost,* 1.385 maimed or disabled in the defence of this Island, that the Loss and Da∣mage of such Negro or Servant shall be paid for to the Owner, and allowed out of the Publick Treasury of this Island: And if any poor Freeman or Servant shall be maimed or disabled, shall receive from thence forthwith Yearly out of the Publick Treasury, to maintain him during his Life or abode in this Island, the Sum of Ten Pounds Sterling. But if the Freeman so maimed or disabled as aforesaid, be a Married Man, then such Freeman shall for the Maintenance of himself, his Wife and Children, receive out of the publick Treasury of this Island, during his Life or Abode in this Island, Fifteen Pounds Sterling Yearly. And if it shall happen that any Freeman that is a Married Man as aforesaid, shall lose his Life in the Service aforesaid, that then the Widow of such Free∣man shall thenceforth during her Widowhood, receive out of the Pub∣lick Treasury of this Island, Ten Pounds Sterling Yearly for the support of her self and her Children if she have any.

And in regard by good experience it is well known, that many Ne∣groes and Slaves are worthy of great Trust and Confidence to be repo∣sed in them,

[Clause XXXI]

Be it therefore Enacted by the Authority aforesaid, That all and every the Inhabitants of this Island enjoyned to find Horse or Horses for the Militia,* 1.386 shall (for every Horse they are so enjoyned to send) with each Horse-man, send one able Man-Slave armed (provided he hath a Man Slave) with a Bill and Launce, and apparell'd with a black Hat and a Red Jacket upon every Alarum of Ships: And the Negroes ap∣pearing at the said Rendezvouz by vertue of this Act, shall be inlisted, commanded and directed for the Service of this Country, by that Offi∣cer that commands the rest of the Forces in that Division, or such as the President or Commander in chief shall impower to that end and pur∣pose: Also that every Person possessed of Forty Acres of Land, shall send one able Man-Slave; and so proportionably to his full quantity of Land, upon Service, upon Alarums of Shipping armed as aforesaid, to be commanded at the discretion and appointment of the President or Commander in chief, who shall be conducted by some fit Persons to be appointed by the Masters for that purpose to such Places, and to be under such Discipline and Command as the President, Governour or Com∣mander in chief for the time being shall from time to time direct; and such as shall offend contrary thereto, shall forfeit for each Slave he shall not send upon that Service armed and apparelled as aforesaid, the Sum of Fifty Shillings Sterling to His Majesty for the use of the Fortifications of this Island.

[Clause XXXII] And it is further Enacted by the Authority aforesaid, Th•••• 〈◊〉〈◊〉 soever Person or Persons shall raise or spread any false Alarums,* 1.387 not ha∣ving just Grounds or Warrant so to do, shall suffer, undergo or pay such Penalties as the President and Council, or the Governour or Commander in chief for the time being, by and with the consent of the major part of the whole Council resident in Barbados, shall think fit to inflict or im∣pose, provided the said Penalty doth not exceed the Sum of Five Hun∣dred Pounds current Money; which Fine when so imposed, shall be to His Majesty, and paid into the publick Treasury for the use of the For∣tifications of this Island.

And to the intent no Person shall have wrong done, and be left without Relief,

[Clause XXXIII] It is hereby appointed, that in all cases where any Person is sup∣posed to be an Offender against this Act in any particular,* 1.388 that the Party shall and may apply himself to the Colonel or Commander in chief for the time being, of such Regiment, who hath and shall hereby have power to hear all Complaints, and examine Witnesses upon Oath, and to give redress according to the Merits of the Cause in mat∣ters relating to the Execution of this Act, except where in this Act it is otherwise appointed.

[Clause XXXIV] Also it is hereby appointed, that all Men remaining in this Island, and are unfit to bear Arms in their own proper Persons,* 1.389 whether being superannuated or otherwise howsoever, and have no Land to send any Soldiers. If such Person be in esteem to have a Personal Estate of the Value of Two Hundred Pounds Sterling, or an Estate in Negroes of the like Value or more, to be estimated by the Colonel or Com∣mander in chief as aforesaid, shall find one Foot-Soldier, and if the said Person keepeth an Horse, shall find an Horse manned and compleat∣ly armed as is appointed by this Act to serve at Exercise upon all Duty, and upon Alarums, upon the like Penalty, as is upon all other Occa∣sions imposed by this Act for the like Offence.

And be it further Enacted and Ordained,* 1.390 That all Head-Over∣seers of Plantations to which belong the number of more than Six Ne∣gro Men, shall and are hereby excused from being inlisted or made liable to serve upon any occasion whatsoever; but are reserved to take care of the Family to which they do belong, during such Service; any thing to the contrary notwithstanding, unless upon such Duty as is before ex∣press'd.

And in regard divers Persons have greater Numbers of Servants, Slaves and Horses than by this Act is required from them, and that such Persons may receive no Damage by sending such Supernumeraries to the Defence of this Island,

[Clause XXXV] Be it further Enacted and Ordained by the Authority aforesaid, That all Losses of Servants being freed by this Act,* 1.391 as well of the Su∣pernumeraries, as of the standing Militia, either in Servants, Negroes, Slaves, Horses or Cattel, be allowed and paid for to the proper Owner, out of the publick Treasury of this Island.

[Clause XXXVI] And it is further Agreed and Enacted by the Authority aforesaid, That Thirty Pounds Sterling shall be deemed the value of each Negro Man or Slave that shall be lost in the Publick Service as aforesaid;* 1.392 and that every Person that in that case shall be a Loser, shall in recompence of every Negro Man or Slave he loseth as aforesaid, receive the Sum of Thirty Pounds Sterling out of the Publick Treasury as aforesaid; and all such Sums as shall hereby arise due from the Publick Treasury, shall be charged by the President or Commander in chief, by and with the advice of the Council on the Treasurer of this Island for the time be∣ing.

And whereas it hath been laudably used and accustomed in this Island, even from the first setling of the Militia therein, unto this day, that all Commissioners of the Trained Bands therein, have been of the Inhabi∣tants thereof; and such who have been Persons of such Honourable Qua∣lifications, and visible Estates, that they have not been in the least Bur∣thensome to the Inhabitants, by receiving Pay or other Gratuity, further than the Affections of the Souldiers, and Reputation of their Commands, as a Reward of that great Care and Expence in discharge of their Trust, which hath been, and is much to the Ease and Contentment to the In∣habitants of this Place, which otherwise would be very grievous and burthensome unto them.

[Clause XXXVII] Be it therefore Enacted, Ordained and Established by the Au∣thority aforesaid,* 1.393 That no Person whatsoever shall be hereafter held fit or capable to be a Field-Officer, or General Officer within this Island, ex∣cept such Officer shall be known to have an Estate of One Hundred A∣cres of Land of Inheritance or Free-hold, at the least within the same, being thereby fit to bear the Charge and Expence thereof; and that no Person be admitted a Captain, unless he have an Inheritance or Freehold of Forty Acres at the least; and that no Field-Officer or Commission Of∣ficer whatsoever, shall expect, demand or receive any Pay, Gratuity or Reward, for, or in consideration of any Duty or Service by him or them done, or to be done; or for any Charge or Expences which any of them hath been, or shall be at; but that every of them support and maintain himself in such Office and Command, at his own Expence and Charge, without putting the Publick to the defraying any part thereof.* 1.394 Pro∣vided nevertheless, That such Gentlemen whose Parents are Persons of considerable Estates in this Island, may be trusted in Command as

Captain Lieutenant, or Cornet of Horse, or Captain Lieutenant or En∣sign of Foot, each respective Parent of such Son in Commission, shall be allowed or abated one Horse out of the Proportion he or she is enjoyned to send for every Son so in Commission, he living with the Father or Mother,* 1.395 and serving at his or her Charge. Provided also, That this Present Act be not construed to disable any Person now in Commission, or that hereafter shall be in Commission, who are Gentlemen of consi∣derable Estates in any Towns of this Island.

[Clause XXXVIII] And be it further Enacted by the Authority aforesaid, That the several Troops and Companies of the Respective Regiments of this Island,* 1.396 shall meet one Day in every Four Weeks in time of War, and one Day in every Eight Weeks in time of Peace, to be by their several Officers Disciplined, and no oftener, unless upon some credible Advice or Intelligence of some intended Invasion upon this Island, it shall seem expedient to the President and Council, or Governour or Commander in chief for the time being, by and with the advice of the Council or the Major part of them resident upon this Island, for their better Exercise and Discipline, to order the Troops and Companies to meet oftener. Provided nevertheless,* 1.397 That the President and Council, or Com∣mander in chief for the time being, may for expedition appoint or com∣mand any Company or Companies, Troop or Troops, or sufficient part of the Militia as may be needful to guard any Bay or Bays of this Island, if any Vessel or Vessels under the number appointed for an Alarum, which is by this Act already provided, shall Land or attempt to Land in any of the said Bays, or appear before this Island, and upon just ground be deemed to be Enemies of the King, and there be good cause of Sus∣pition of the same; or for the prevention of an intestine Commotion or Insurrection,* 1.398 and which is not by this Act already provided for: Pro∣vided That in neither of the Cases aforesaid, the said Companies Troops or Forces do continue longer upon the Duty than Forty Eight Hours, unless it be by and with the Advice and Consent of the Major part of the whole Council as aforesaid; or that the said Ship or Ships disappear, and that the Danger of any such suspected Commotion or Insurrection be over.* 1.399 Provided likewise, That for the Honour of the Commander in chief for the time being, for which the Inhabitants of this Island have been, and are still very willing to provide for, may have a Company to attend him to Church, or a sufficient Guard at the time of the Grand Sessions, or for raising of such convenient part of the Militia for the Ho∣nourable Reception of any Governour when any such shall be appointed by his Majesty; and also by and with the Advice and Consent of the Major part of the Council as aforesaid, the same to be done upon any extraordinary and publick Occasion. Provided also, That Horse Pe∣trols do Duty as formerly every Saturday Night, Sunday and Sunday Night, and other Holy-Days, in such manner as hath hitherto been usual in this Island; all which being duly observed, will tend to the Liberty, Safe∣guard and Quiet of the Inhabitants of this Place.

And be it further Enacted, That no other Summons to appear in Arms for Exercise or otherwise, besides what is in this Act expressed and appointed, shall be deemed Legal or Lawful.

And whereas sundry intire Plantations within this Island may hap∣pen to lye in several Divisions, which of necessity will occasion great inconveniences to the Inhabitants, in sending their People upon Alarums, or other occasion of Service: For Remedy whereof,

[Clause XXXIX]

Be it Ordained and Enacted by the Authority aforesaid, That in all such Cases,* 1.400 in what Division soever the Mansion-house of any Per∣son shall stand, in that Division only shall he serve himself, and all the Men and Horses from him required by this Act, and in no other what∣soever; any thing in this Act to the contrary notwithstanding.

And forasmuch as many Persons by this Act appointed to bear Arms, are not Men of sufficient Estates to maintain themselves in Arms, Am∣munition and Provisions, should His Majesty's Service require their being any length of time in Arms; and that many Landed Men have not Men sufficient to serve for them according to the appointment of this present Act, To Remedy both which Inconveniences,

[Clause XL] It is hereby Enacted and Ordained, That the Colonel or Com∣manders in chief of each respective Regiment,* 1.401 and Captain of each Com∣pany and Troop, do make diligent inspection within the Limits of their respective Regiments, Companies and Troops, and out of the said in∣sufficient Persons proportionably billet and supply the Landed Men with∣in their Regiments, Companies and Troops; which Landed Men shall find Horses, Arms, Ammunition, Provision, and pay Seven Pence Half Peny per Day to each Person so serving; and in case of refusal of such Payment, the respective Colonel or Commander in chief, or Captains of Companies or Troops, are hereby authorized to levy upon the said Land∣ed Men, Five Shillings for each Default for the time aforesaid, for the support and incouragement of the poor sort as aforesaid; one half of the said Levy to be to the Marshal who makes the same, and the other half to the Party grieved, and if any such Men remain when all the Land is Mann'd as aforesaid, a List of all such Persons to return unto the Pre∣sident and Council, or Commander in chief, to the end due Provision may be made for them in time of need.

[Clause XLI] And be it further Enacted by the Authority aforesaid, That the Two Clauses in this Act concerning the incouragement of Freemen,* 1.402 Servants and Negroes, be published in each Parish-Church in this Island, upon the First Sunday in June, and every first Sunday in December; and such Minister that shall neglect the same, shall for every time neglected, forfeit Fifty Shillings, to be paid to the Church-wardens of the respective Parishes where such Omission shall be made, to the use of the Poor of that Pa∣rish. And forasmuch as great Complaints have been made of the Mar∣shals of the respective Regiments, for taking greater Fines, and Distrain∣ing for above Twice the Value of the Fines by this Act imposed for De∣faults than is allowed hereby, For Restraint and Prevention of such In∣conveniences for the future,

[Clause XLII] It is hereby Provided and Enacted, That if any of the Mar∣shals aforesaid, shall in the Distraining for any Fine whatsoever as afore∣said, commit or do any Injury unto the Person upon whose Goods he so Distrained beyond the Power and Duty by this Act to him given and appointed, and shall not leave a Certificate of the Goods distrained on, as herein before is declared in such case, it shall and may be lawful for the Person or Persons so or in any wise grieved contrary to the true in∣tent and meaning of this Act,* 1.403 to apply him or themselves to the Colo∣nel or Commander in chief of the Regiment to which the said Marshal belongeth, who is hereby impowered to redress the Person if injured, by granting Execution against the said Marshal, to the next Constable for restitution of what the Person complaining appears to be injured in, who is required to levy the same, as in the case of Servants Wages. And it

shall and may be lawful for the Colonel or Commander in chief of such Regiment, and he is hereby required so to do (if the Marshal appeareth to be greatly in fault) to commit him to Goal without Bayl or Main∣prize, there to remain for the space of One Month, and be Fined Five Pound Sterling to His Majesty, to be paid to the Treasurer of this I∣sland, for the use of the Fortifications: And it shall and may be lawful for such Persons so grieved as aforesaid, to complain to the Colonel or Commander in chief of the said Regiment, and if he gives no redress, then the Person grieved, if he think fit, may commence his Action at the Common Law, against the Marshal, whose Complaint being made out to be just and true, the Jury shall give Treble Damages to the Plain∣tiff, and the Court double Cost, the said Action to be tried the first Court after Service thereof:* 1.404 Provided always, the said grieved Person com∣menceth his Action within Six Months after such Injury done him as a∣foresaid: Provided also,* 1.405 That if the Plaintiff doth not make good his Action, the Judge of that Court where such Action is commenced, shall tax double Cost against the Plaintiff for his unjust Vexation.

[Clause XLIII] And be it further Enacted by the Authority aforesaid, That Two Field-Pieces well mounted and fixed,* 1.406 with all Necessaries, be forthwith provided at the Publick Charge, for each Regiment of Foot within this Island, to be placed at such convenient Post as each respective Colonel or Commander in chief of the said Regiment shall appoint.

[Clause XLIV] And be it further Enacted by the Authority aforesaid, That what∣soever Articles of War or Military Laws,* 1.407 shall be by the President and Council, or Commander in chief of this Island, made by and with the Advice and Consent of the major part of the General Council of War here, shall not commence or begin until an Enemy sufficient to cause an Alarum to the whole Island, appear in Sight here; and shall discontinue and lose their Power, so soon as the Enemy shall be gone out of Sight of this Island. Provided always, That the said Laws be duly pub∣lished, and a Copy thereof hung up in every Court of Guard for pub∣lick View.

[Clause XLV] And be it further Enacted by the Authority aforesaid, That what∣soever Person within this Island,* 1.408 shall after Eight a Clock at Night, fire any Gun, small or great, or permit or order any to be so fired within his House or Plantation, shall for every such Offence forfeit (except it be in his own Defence, or Preservation of his Goods, or in case of an Alarum) Two Shillings and Six Pence. But if it shall so happen, that the Person be insolvent, Servant or Negro, then and in such case it shall and may be lawful, to and for the next Justice of the Peace, to bind the Offender to the Quarter Sessions if a Christian, or order him if a Slave, such Cor∣poral Punishment as he thinks the Offence deserves.

And forasmuch as many Disorders are committed by Petrols, by rea∣son that the Command of them is given often to loose and inconsi∣derable Persons, occasioned chiefly by refusal of such Command, by the more able and sober Persons. For Remedy whereof,

[Clause XLVI] Be it Enacted by the Authority aforesaid, That whatsoever Person (except as before excepted) shall from and after Publication of this Act,* 1.409 refuse or neglect such Command, being thereunto required by the Cap∣tain or Commander in chief of each respective Troop, shall for every such Offence, forfeit Twenty Shillings, to be levied by the Marshal of the said Regiment; and the Commander of such Petrol, is hereby im∣powered and required to make Returns of such Defaulters for Non-ap∣pearance,

to one of the Commission Officers of the Troops and Com∣panies to which such Petrols belong, that by the said Officer the said Re∣turns may be made to the Colonel, that Execution may issue against the Delinquents in manner and form as for other Defaults for Non-ap∣pearance is in and by this Act prescribed and appointed.

[Clause XLVII] And be it further Enacted and Ordained by the Authority a∣foresaid, That if any Officer or any other Person qualified by this Act to make Returns, shall contrary to the true intent and meaning of this Act,* 1.410 make any false or undue Returns wittingly and willingly, so that such Execution be levied, the Party so aggrieved, shall have his Action at Common Law in the Court of the Precincts where such Officer that hath made such false Returns, doth live or reside, which Action shall be en∣tred in Thirty Days after such Execution levied, and shall be tried the first Court after such Entry made by a Jury; and if the said Officer shall be found guilty by the Jury of having made such false Returns, then the said Jury for his making such a false Return, shall find him in Da∣mages Five Pounds Sterling; and the Court shall award to the Plain∣tiff, Three Pounds Sterling in Cost, and no more. But if the Plain∣tiff doth not make good his Action, so that the Returns appear to be le∣gally made, then the Court shall tax treble Cost for the Officer or Person who made such Returns for his unjust Vexation; any thing in this Act to the contrary notwithstanding.

And for that the Marshal upon an Execution Signed against any Per∣son by the Colonel or Commander in chief of the Regiment shall not be hindred from executing the said Execution against, or upon any Person so returned for the Defaults in the Militia, as by this Act appointed, and for that likewise the Party grieved may not have his Goods carried and driven away by the said Marshal,

[Clause XLVIII] It is therefore Enacted and Ordained, That the Party whose Goods are so Attached,* 1.411 shall apply himself in Ten Days after such Exe∣cution levied to the Colonel or Commander in chief of the Regiment to which he belongs, who is hereby impowered and required to order the Goods so Attach'd from the Party, to remain in the Delinquent's own Possession; and the said Marshal is hereby required to yield all due O∣bedience to the same, and the said Delinquent at the same time, shall give a Bond to the said Marshal in double the Value of such Execution or Executions so levied, that he will bring the aforesaid Action within one Month at furthest after such Complaint; and that if the Action so brought, or being brought, shall not be found for the Plaintiff, so that the return of the Officer is adjudged lawful, then the Complainant shall in Five Days return the Goods so Attached to the Marshal, or pay the Value they shall be Appraised at; which if not complied with, then the said Marshal shall recover the whole Penalty in the said Bond, against such Complainant as aforesaid, by Action at the Common Law without Appeal, and the Court is hereby impowered to Tax common Cost.

[Clause XLIX] And be it further Enacted by the Authority aforesaid, That all Acts or Statutes heretofore made,* 1.412 for or concerning the Militia of this Island, be and are hereby declared to be absolutely Void, Null and Repealed, to all Intents and Purposes whatsoever; any Law to the con∣trary notwithstanding.

Read and pass'd the President and Council, the 3d of November, 1697.

Read and pass'd the Assembly, Ne∣mine contradicente, this 14th Day of October, 1697.

• George Paine, Clerk of the Council.
• William Rawlin, Clerk of the Assembly.

N ^o 438. An ACT for the better Securing the Liberty of His Majesty's Subjects within this Island, and preventing long Imprison∣ment.

[Preamble.] WHereas several of His Majesty's Subjects have heretofore been committed for Criminal or supposed Criminal Matters, and have been long detained in Prison for such Causes and Matters, and in such Cases where by the Law of England they ought to be Bailed (to their great Damage and Vexation.) For Remedy whereof, and the more speedy Relief of all Persons so imprisoned for any such Criminal or supposed Criminal Matters as aforesaid,

[Clause I] Be it Enacted by the Honourable the President and Council, and General Assembly of this Island,* 1.413 and by the Authority of the same, that from and after the Publication of this Act, it shall and may be lawful to and for any of His Majesty's Subjects within this Island, which are or shall be committed for any Criminal, or supposed Criminal Matters (unless such Commitment be for Treason or Felony plainly and special∣ly expressed in the Warrant of Commitment) at any time or times after such Commitment to move, and pray by Petition, or otherwise by him∣self or any other Person for him and in his behalf, to the chief Baron of His Majesty's Court of Exchequer in this Island, or any one of the chief Judges of the Courts of Common Pleas, held for the several Precincts of this Island, for the obtaining his or their Writ of Habeas Corpus, which said Writ shall by the chief Baron, or any one of the chief Judges, be ordered and granted within Eight and Forty Hours at furthest, after such application made to the said Baron or Judge, Signed by such chief Baron or chief Judge, and directed to the Provost-Marshal, Goaler or such o∣ther Officer or Person whatsoever who hath the Custody of such Pri∣soner; and the said Writ of Habeas Corpus to be served upon the said Of∣ficer or other Person whatsoever, in whose Custody the said Prisoner shall be, by any of His Majesty's Subjects, for and in the behalf of the Person so committed and detained in Prison, or left at the Goal or Place where such Prisoner is, with the Provost Marshal or his Officers, Depu∣ties, Keepers, or any other Person or Persons whatsoever, having the Cu∣stody of the said Prisoner, and the said Provost Marshal, or other Offi∣cer or Person whatsoever, shall within Twelve Hours after such Service of the said Writ, (unless such Commitment shall be for Treason or Fe∣lony, plainly and specially set forth in the Warrant of Commitment) upon Payment or Tender of the Charges of bringing the said Prisoner to be ascertained by the chief Baron or Judge that awarded the same, and indorsed upon the Writ, not exceeding Twelve Pence per Mile, and Se∣curity given by his own Bond to pay the Charges of the bringing him

the said Prisoner back (if he shall be remanded by such Baron or Judge) and that he will not make Escape by the way, shall make Return of such Writ, and bring or cause to be brought the Body of such Person so committed, before such Baron or Judge from whom such Writ shall issue, and made returnable according to the Command thereof, and shall then likewise certifie the true cause of his Detainer, or Imprisonment to the said Baron or Judge.

[Clause II] And be it further Enacted by the Authority aforesaid, That the Baron or Judge before whom such Party shall be brought as aforesaid,* 1.414 shall discharge the said Prisoner from his Imprisonment, taking his Re∣cognizance with one or more Surety or Sureties, in any reasonable Sum according to his Discretion, having regard to the Nature of the Crime, and the Quality of the Prisoner for his Appearance at such Court or Place where such Offence is properly cognizable, and as the Cause shall require, and then shall certifie the said Writ, with the Return thereof, and the said Recognizance or Recognizances into the said Court, where such Ap∣pearance is to be made, unless it shall appear to such Baron or Judge that the said Matters or Offences are such for which the Prisoner by the Law of England or this Island is not Bailable as aforesaid; and if such Baron or Judge (to whom the Motion is made for the said Writ of Ha∣beas Corpus,) upon view of the Copy or Copies of the Warrant of Com∣mitment, or upon Oath that such Copy or Copies were denied the Pri∣soner upon his Request, or any other Person or Persons demanding or requiring the same in the Prisoners behalf, shall deny to grant such Writ of Habeas Corpus as by this Act is appointed, or having granted such Writ, shall refuse, neglect or delay to discharge the said Prisoner from his Im∣prisonment, as in and by this Act directed, he shall forfeit Five Hundred Pounds Sterling to the Party grieved, to be recovered by the Prisoner or Party grieved, his Executors or Administrators, against such Baron or Judge, his Executors or Administrators, by Action of Debt, Bill, Plaint or Information in any the Courts of Record within this Island, wherein no Essoign, Protection, Priviledge, Injunction, Wager of Law or stay of Prosecution by non vult ulterius prosequi, or otherwise shall be admitted or allowed.

[Clause III] And be it further Enacted by the Authority aforesaid, That no Provost Marshal, Goaler or any other Officer or Person whatsoever,* 1.415 shall after Publication of this Act, upon any Pretence whatsoever, imprison, keep in Custody or detain any of His Majesty's Subjects within this Island above Twelve Hours, unless it be by a Mittimus in Writing, setting forth the Cause thereof, upon Penalty of forfeiting Five Hundred Pounds Ster∣ling to the Party so imprisoned, kept in Custody or detained, to be re∣covered in manner aforesaid; and if any Person shall be committed, im∣prisoned or detained above the said Twelve Hours, without a Mittimus as aforesaid, it may and shall be lawful for the chief Baron, or any one of the chief Judges aforesaid, who are hereby strictly required and enjoyn∣ed upon application made to him or them, or any one of them, by the Party so committed, imprisoned or detained, or by any other Person in his behalf, immediately to issue his Warrant under his Hand, commanding the said Provost Marshal or other Officer or Person whatsoever, in whose Custody such Person shall be, upon sight thereof, to bring the said Pri∣soner before him; and the said Baron or Judge shall immediately dis∣charge the said Prisoner without Bail, or paying any manner of Fees whatever: And if the said Provost Marshal, or other Officer or Person

whatsoever, shall refuse or neglect to yield ready Obedience to the said Warrant, the Baron or Judge who granted the same, is hereby required to commit him to the common Goal, there to remain for Six Months, without Bail or Mainprize; and if such Baron or Judge to whom such Application is made for the said Warrant, shall refuse to grant the same, or to discharge the Prisoner as by this Act is directed, shall forfeit Five Hundred Pounds Sterling to the Party grieved, to be recovered in manner aforesaid.

And to the intent His Majesty's Subjects in this Island may not be twice committed for one and the same Offence, and be unjustly vexed,

[Clause IV] Be it Enacted by the Authority aforesaid, That no Person or Per∣sons whatsoever that shall be set at large upon any Habeas Corpus pur∣suant to this Act,* 1.416 shall at any time hereafter be imprisoned again, or com∣mitted for the same Offence, otherwise than by such Court where the Prisoner is bound to appear.

And if any Person whatsoever shall knowingly and contrary to this Act, commit or imprison, or cause to be committed or imprisoned for the same Offence, or pretended Offence, any Person or Persons delivered or bayled as by this Act is directed,* 1.417 he shall forfeit to the Party grieved, Five Hundred Pounds Sterling, to be recovered in manner as afore∣said.

[Clause V] And be it Enacted by the Authority aforesaid, That if any Pro∣vost Marshal or Officer,* 1.418 or under-Officer, or Deputy, or other Person whatsoever, Keeper or under-Keeper of such Goal or Place where such Prisoner is, or where such Writ of Habeas Corpus is left, or to whom it is directed, shall neglect, refuse or delay to make Return of the said Writ, or to bring the Body or Bodies of such Prisoners, according to the Com∣mand of the said Writ, and within the time therein prefixt, or shall re∣fuse within Six Hours after Demand made by such Prisoner, or by any other Person in his or her behalf, to deliver unto him or her a true Copy under his Hand, of the Warrant or Warrants of Commitment and De∣tainer; he the said Provost Marshal or Officer, or other Person whatsoe∣ver, in whose Custody such Prisoner is, shall forfeit to the Party grieved Five Hundred Pounds Sterling, to be recovered in manner as afore∣said.

And whereas there can be nothing more commendable and neces∣sary than a speedy bringing to Justice Criminal Offenders, and acquit∣ting of Innocent Persons imprisoned upon suspicion of Crimes, which cannot be done, unless there be a more frequent calling and holding of Courts of General Sessions, or Oyer and Terminer, and General Goal delivery than hath of late been practised in this Island, to the great grief and oppression of His Majesty's Subjects, who have some times lain several Years in Prison, before they have been brought to their Trials. For Remedy of which great Evil for the future,

[Clause VI] Be it Enacted by the Authority aforesaid, That from and after Publication of this Act,* 1.419 there shall be held Yearly within this Island, Two Courts of General Sessions, or Courts of Oyer and Terminer, and general Goal Delivery, one whereof to begin, and be held at and upon the Second Tuesday in every Month of December, and to continue the rest of that Week if need be; and another upon the Second Tuesday in every Month of June, and to continue the rest of that Week if need be in every Year, the Charge whereof to be bourn out of the Publick Treasury of

this Island, not exceeding One Hundred Pounds Sterling each of the said Sessions, any Law, Custom or Usage to the contrary notwithstand∣ing.

[Clause VII] And be it Enacted by the Authority aforesaid, That if any of His Majesty's Subjects within this Island,* 1.420 shall be hereafter committed to Pri∣son for Treason or Felony, so as by this Act he cannot have his Writ of Habeas Corpus, and shall not be indicted and tryed for the same at the next General Sessions or Court of Oyer and Terminer, and General Goal Delivery held (or which by this Law ought to be held) next after such his Commitment, or upon his Tryal shall be acquitted: Then and in such case it shall and may be lawful for the chief Baron or any One of the chief Judges aforesaid; (Any thing in this Law seeming to the contrary notwithstanding.) And he is hereby required upon application made unto him by the Prisoner, or any other Person in his behalf, to set at Liberty the Prisoner on Bayl, as in and by this Act he is directed and appointed, in case such Warrant or Warrants of Commitment had not been for Treason or Felony Plainly and Specially expressed. And if such Baron or Judge to whom such application is made, shall refuse or delay to do his Duty herein, he shall forfeit to the Party grieved, Five Hundred Pounds Sterling, to be recovered in manner as aforesaid. And the Provost Marshal or any other Person who shall have the Cu∣stody of such Prisoner, is hereby required (any thing in Law seem∣ing to the contrary notwithstanding) to act, do and perform in all respects, as in and by this Act he is directed and appointed, in case such Warrant or Warrants of Commitment had not been for Treason or Felony, plain∣ly and specially expressed. And if such Provost Marshal or other Person shall refuse, neglect or delay to do his Duty herein, he shall forfeit to the Party grieved Five Hundred Pounds Sterling, to be recovered as a∣foresaid. And the Baron or Judge that shall grant the Writ of Habeas Corpus, is hereby required to Commit him to the Common Goal, there to remain for Six Months without Bail or Mainprize.

Provided always, and be it Enacted by the Authority aforesaid,* 1.421 That nothing in this Act shall extend to discharge out of Prison for Debt, or for any Decree or Order of His Majesty's Court of Chancery, or any legal and judicial Proceedings of any of His Majesty's Courts of Record within this Island; and that no Person or Persons shall be sued, impleaded, molested or troubled for any Offence against this Act, unless the Party offending be impleaded or sued for the same within Three Years after the Offence be committed, in case the Party grieved shall not be then imprisoned; and if he shall be in Prison, then within Three Years after the decease of the Person imprisoned, or his or their delivery out of Prison which shall first happen.

[Clause VIII] And be it further Enacted by the Authority aforesaid, That the Ba∣ron or Judge who shall grant such Writ of Habeas Corpus, may have,* 1.422 take or receive for himself or his Clerks Fees from the Party who shall de∣mand the same, Two Shillings and Six Pence, and for the Recognizance the like Sum of Two Shillings and Six Pence and no more; and the Provost Marshal may have, take and receive for his Fees as followeth: For every Commitment, Five Shillings; for every Bond the Prisoner is to Sign, One Shilling and Three Pence; for every Copy of a Mittimus, One Shilling and Three Pence and no more; Miles he bringeth back the Prisoner, One Shilling and Three Pence and no more.

[Clause IX]

And be it also Enacted by the Authority aforesaid, That if any In∣formation,* 1.423 Suit or Action shall be brought or exhibited against any Per∣son or Persons for any Offence committed, or that shall be committed a∣gainst the form of this Law, it shall be lawful for such Defendants to plead the general Issue that they are not guilty, or that they owe no∣thing, or to give such special Matter in Evidence to the Jury that shall try the same; which Matter being pleaded, had been good and suffi∣cient Matter in Law to discharge the said Defendant or Defendants against the said Information, Suit or Action; and the said Matter shall then be as available to him or them, to all Intents and Purposes, as if he or they had sufficiently pleaded, set forth or alledged the same Matter in Bar, or discharge of such Information, Suit or Action.

Read and pass'd the President and Council, the 3d Day of November, 1697.

Read and pass'd the Assembly, Ne∣mine contradicente, the 2d Day of November, 1697.

• George Paine, Deputy Secretary.
• William Rawlin, Clerk of the Assembly.

N ^o 439. An ACT impowering the Freeholders of the Parish of St. Peters All-Saints, to meet and chuse a Vestry of Freeholders in the said Parish, &c.

Obsolete.

N ^o 440. An ACT impowering the Freeholders of the Parish of St. Lu∣cy, to meet and chuse a Vestry of Freeholders in the said Pa∣rish, &c.

Obsolete.

N ^o 441. An ACT to declare and ascertain the Rights and Powers of the General Assembly of this Island.

[Preamble.] WHereas there have been some Doubts arisen of late, whether the General Assembly of Barbados have any Coercive Power to call before them such Persons as shall be able to give Evidence in Mat∣ters relating to Grievances upon His Majesty's good Subjects of this Island, or to send for Persons, Papers and Records, in order to the better Discovery and Redressing such Grievances, and for the better enquiry into the Breach of His Majesty's good and wholsome Laws of this Island, without which, they could by no means attain to such good Ends for which it shall please His Majesty to call them, which would very much tend to His Majesty's Dishonour and Disservice, and very much to the Detriment of His Majesty's Subjects of this His Island of Barbados, who are very far distant from His Most Sacred Person, and thereby want many of the happy Circumstances of His Subjects in England, who live

more immediately under the Influences of his good and happy Go∣vernment. To the Intent therefore to put an end to all these Doubts which have been principally mov'd by such Offenders, who would there∣by avoid the just Punishment due to their Crimes, and the better to quiet the Minds of His Majesty's good and faithful Subjects of this Island, and that the General Assembly may better answer the good and whol∣som Ends for which it shall please His Majesty from time to time to call them.

[Clause I] Be it Enacted and Declared by His Excellency, Ralph Grey, Esq. Captain General and chief Governour of this and other the Charibbee-Islands,* 1.424 the Honourable the Council and General Assembly of this Island, and by the Authority of the same, That the General Assembly of this Island, have, and for the future shall have full Power and Authority to call before them all such Persons as shall be able to give Evidence in Matters relating to Grievances upon His Majesty's Subjects of this Island, and to send for such Persons, Papers and Records, in order to the better Discovery of, and redressing such Grievances; and for the better en∣quiring into the breach of His Majesty's good and wholsom Laws of this Island, and to punish their Contempt in case of Disobedience, and also to punish any Affronts or Misbehaviours offered against the General Assembly of this Island, after the manner and method of the House of Commons in England.

Read and pass'd the Council, and consented to by his Excellency, without any Amendment, the 9th Day of August, 1698.

Read and pass'd the Assembly, Ne∣mine contradicente, this 9th Day of August, 1698.

• William Hart, Deputy Secretary.
• William Rawlin, Clerk of the Assembly.

N ^o 442. An ACT to settle Five Hundred Pounds per Annum on His Excellency for His Habitation.

[Preamble.] WHereas it is necessary and expedient for the Inhabitants of this Island, to find and provide an Habitation for His Majesty's Go∣vernours of this Island; and by Reason of the decay and want of Re∣pairs of Fountabel, the late Habitation of the Governour, and the Danger he will be exposed to in case of War, so that it is no ways fit for his Excellency's Reception: And his Excellency having declared his Pleasure, that he would provide, hire and make choice of some other House for himself, as may be most suitable to his own and the Country's Conve∣niency.

May it therefore please his Excellency, that it may be Enacted, and be it therefore hereby Enacted by his Excellency the Honourable Ralph Grey Esquire, Captain General, and chief Governour of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by Authority of the same, That Five Hundred Pounds per Annum be duly paid out of the Publick Treasury of this Island by Two equal Payments in each Year during his Government in this Island, to such

Person or Persons as his said Excellency shall order or appoint, for the Rent of such Habitation as he shall think fit to hire; which said Sum of Five Hundred Pounds per Annum, shall be paid by the Publick Treasurer of this Island for the time being, who is hereby fully impowered, re∣quired and authorized to pay the same, and which shall be allowed him in his Publick Account for the said Island, and which Annual Sum of Five Hundred Pounds shall commence and begin from the Day of his Excellency's Arrival on this Island.

Read and past the Council, Nemine contradicente, and consented to by his Excellency, this 16th Day of August, 1698.

Read and passed the Assembly, Ne∣mine contradicente, the 9th Day of August, 1698.

• William Hart, Deputy Secretary.
• William Rawlin, Clerk of the Assembly.

N ^o 443. An ACT for Two Thousand Pounds for his Excellency's Charges of his Voyage towards the better Support for the Go∣vernment.

[Preamble.] WHereas it hath been His Majesty's most gracious Pleasure through his abundant Care of the Inhabitants of this Island, to extend his unlimited and benign Favours to us (amongst the rest of his Repeated Blessings) to send us a Person of such Eminent Dignity, Judicious Con∣duct, Knowledge and long Experience as well in Parliamentary Affairs, as all others, necessary and expedient for the Support of His Majesty's Gvernment, with due Regard to preservation of the Prerogative Right, as also the Justice, Liberty and Property of His Obedient and Loyal Subjects, all which have been so eminently demonstrated by his present Excellency the Honourable Ralph Grey, Esquire, that should we be defi∣cient in a dutiful Acknowledgment, we could not but account our selves not only remiss in our Duties, but highly ungrateful: And considering the great Expences and Charges (which of necessity His Excellency must have been at in his Voyage to this Government, We therefore out of true and most sincere Respect to your Excellency, and a grateful Acknow∣ledgment of your Signal Favours and Concessions, most humbly pray that it may be Enacted,

And be it therefore Enacted by his Excellency the Honourable Ralph Grey, Esquire, Captain General, and Commander in chief of this and other the Charibbee-Islands, the Honourable the Council and General Assembly of this Island, and by the Authority of the same, That the Sum of Two Thousand Pounds Current Money of this Island be paid by the Treasurer of this Island, out of the Duty arising out of the Excise on Wines and other Strong Liquors unto His Excellency the Honourable Ralph Grey, Esquire, his Executors or Administrators, which is humbly presented him as a Testimony of the Respects of the Inhabitants of this Island, for and towards his better Support in his Government over us; and we most humbly beseech His Majesty, that he will be graciously pleased to permit the said Sum to be paid accordingly by his Warrant or

Royal Order, as to him shall seem meet. And the Treasurer is hereby required to keep in his Hands the said Sum of Money, until His said Ma∣jesty's Royal Assent shall be had to the Payment of the same, or his fur∣ther Pleasure known.

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

Read and pass'd the Assembly, Ne∣mine contradicente, this 7th Day of September, 1698.

• George Paine, acting as Deputy Se∣cretary pro hac Vice.
• William Rawlin, Clerk of the Assemb.

An ACT concerning the General Sessions.

WHereas it hath been taken into Consideration the multiplied Crimes and daily growing Evils that in all parts of this Island are committed, to the Provocation of the Wrath of God upon us, the Dishonour of His Majesty, and Contempt to His Government. And to the intent a speedy and due administration and execution of Justice on all Offenders, may at all times take off that Countenance and Encou∣ragement which the delay of their just and deserved Punishments may seem to give to their sinful and wicked Practices both against God, their King and Laws.

[Clause I] It is Ordained and Enacted by his Excellency Ralph Grey, Esquire,* 1.425 Captain General and Commander in chief of this and other the Carribee-Islands, the Honourable the Members of His Majesty's Coun∣cil, and the General Assembly of this Island, and by the Authority of the same, That from and after Publication hereof, once in Six Months successively, viz. Upon the Second Tuesday in every Month of December, and upon the Second Tuesday in every Month of June successively, shall be held a General Sessions or Assize of the Peace or Goal Delivery, by the Governour or Commander in chief for the time being, the Honou∣rable His Majesty's Council, the Judges and Justices of the Peace: But if the Governour or Commander in chief, and the Honourable the Members of the Council, by Reason of their other great and weighty Affairs shall not think fit to sit or give their continual Attendance at the said Sessions or General Goal Delivery:

[Clause II] Be it therefore Enacted and Ordained by the Authority afore∣said, That the Governour or Commander in chief for the time being,* 1.426 by and with the Advice, and Consent and Approbation of the Council, hath hereby full Power and Authority, to issue a Commission under his Hand and Seal, to authorize, impower, and appoint some able, discreet, and learned Person in the Law, to sit and Act as chief Judge, or Chair-Man, and to hold the said Sessions of the Peace, and to be assist∣ed by all the Judges and Justices; by Vertue of which Commission, they and every one of them, are required personally to attend at such convenient Place for the Holding of the same, as the Governour or

Commander in chief for the time being, by and with the Advice and Consent of the Council shall think fit and convenient.

[Clause III] And for the more regular holding the said Sessions, the Governour or Commander in chief,* 1.427 by and with the Advice and Consent of the Council, shall give Notice to all and every the Inhabitants, by his Pre∣cept or Writ directed to some One Member of the Council residing in every Parish; but if it happen that no Counsellor dwell therein, then to some one Justice of the Peace in every Parish, to be Published in the several Parish-Churches within this Island, Three several Sundays before the Holding of the same; which said Counsellor or Justice of the Peace, shall therein be required in His Majesty's Name, to Appoint, Nominate and Summon Six of the most able and substantial Freeholders of the said Parish, being such as are not of the Assembly, or immediatley in Com∣mission as Field-Officers, at the time and place nominated and published when and where it is to be holden, to repair to the said Sessions, and there give their attendance to do such Services in His Majesty's behalf, as shall be then and there required of them, and thence not to depart till they be discharged by the said Court.

And to the Intent His Majesty's Honour may be held in all due Reverence, his Peace the better preserved, the Matters of the Crown timely and duly fitted and dispatched, and the Laws receive an effectual Execution on all Delinquents.

[Clause IV] It is Ordained and Enacted by the Authority aforesaid, That the several Justices of the Peace,* 1.428 Coroners and other Officers before whom any Matters of Life and Death shall come, or Recognizances, Inquests, Depositions, Examinations or other Writings relating to the Sessions, be made or taken, that they shall send the same, together with a List certified of the Six Freeholders by them appointed, to attend the said Sessions, to the Clerk of the Crown or his Deputy, at his Office in that behalf appointed, at least Six Days before the said Sessions, un∣der Penalty of Forfeiting Five Pounds Sterling to the Use of His Ma∣jesty, upon conviction by the Oath of the said Clerk of the Crown, be∣fore the Governour or Commander in chief for the time being, and the Offender herein to stand Committed by Warrant of the Governour or Commander in chief, till he pay the same unto the Teasurer for the time being, to defray the Publick Charge of the Sessions: Provided the said Offender can shew no just cause for his neglect.

[Clause V] And be it further Enacted by the Authority aforesaid, That whoso∣ever of His Majesty's Justices,* 1.429 Coroners and other Officers, or other Persons summoned as Jury Men, or which ought to give their Attendance at the said Sessions, shall fail in their attendance according to their several Duties, or neglect to appear being called, or depart from the said Sessions du∣ring the Sitting of the same, without Leave for his so doing, shall be Fined Five Pounds Sterling to the Use of His Majesty, for, and towards de∣fraying the Publick Charges of the Sessions, and stand committed till he pay the same,* 1.430 Provided always, and it is hereby declared, that all Pro∣ceedings, Judgments and Executions in Criminal Matters, commonly cal∣led Pleas of the Crown, shall be had according as by His Majesty's Laws and Statutes of the Kingdom of England, and of this Island, is ordained and appointed. In all which Matters before in this Act mentioned and contained, every Justice of the Peace shall have a free Vote, beginning from the last Justice named in the Commission of the Peace, and so on∣ward

to the First, and that according to the Custom and Usage of the Kingdom of England, the incident Charges of the Sessions, as to the En∣tertainment of the Court, and Jurors be bourn and satisfied out of the Fines, Forfeitures and Amerciaments, no one exceeding the Sum of Ten Pounds, and other Profits thereby accrewing, as far as they will extend, and also any Sum not exceeding Three Hundred Pounds Sterling for the holding the next immediate Sessions; and then afterwards, One Hundred Pounds Sterling for the holding every other Sessions, according as is ap∣pointed by an Act, Intituled, An Act for the better securing the Liberty of His Majesty's Subjects within this Island, and preventing long Imprisonments, bearing Date the Third Day of November, One Thousand, Six Hundred, Ninety and Seven.

And to the end the said Fines, Forfeitures and Amerciaments may be duly levied and paid,

[Clause VI] Be it Enacted and Ordained by the Authority aforesaid, That the Provost Marshal and Clerk of the Crown,* 1.431 and other Officers of the said Court, and of every Court, do once every Year, or oftner, if there∣unto required, give an Account of all Fines, Forfeitures and Amercia∣ments, and other Profits which come to their Hands, or happen in their Courts, to the Governour or Commander in chief for the time being, a Copy whereof shall be transmitted by the said Officer or Officers to the Assembly then in being; and if no Assembly, then to him that was last Speaker of the Assembly, who is hereby required to deliver the same to the Speaker of the next Assembly, to the End that the Committee of Ac∣counts may be enabled to charge the Treasurer for the same; and upon his accounting with them, they the said Committee have hereby given them full Power and Authority; and they are hereby required to discharge the Treasurer for the same.

[Clause VII] Repeal of Two former Acts to this purpose. And be it further Enacted by the Authority aforesaid, That an Act Intituled, An Act concerning the General Sessions, being one of the Collected Laws; and an Act bearing Date the Sixth Day of November, One Thou∣sand, Six Hundred, Eighty and Four, Entituled, An Act for holding a Court of Grand Sessions, Oyer and Terminer, general Goal Delivery, and Commission of the Peace in this Island; and all and every the Branches, Clauses, Penalties and Provisoes in the said Acts, and each of them contained, are hereby declared to be Repealed, and shall be null and void to all Intents and Purposes whatsoever, any thing in the said Acts, or either of them con∣tained seeming to the contrary notwithstanding.

Septemb. 7th, 1698, Read and passed the Council, Nemine contradicente, and consented to by his Excel∣lency.

Read and passed the Assembly, Ne∣mine contradicente, the 9th Day of August, 1698.

Read and passed with Amendments, Nemine contradicente, this 6th Day of September, 1698.

• George Paine, acting as Deputy Se∣cretary, pro hac Vice.
• William Rawlin, Clerk of the Assemb.

FINIS.

Notes

• * 1.1

  That the Go∣vernour shall have power to appoint the Provost Mar∣shal.
• * 1.2

  Judges to ap∣point their own Clerks and Marshals.
• * 1.3

  The appointing of the Clerks and Marshals Fees.
• * 1.4

  For confirming the Judges pro∣ceedings under a private Seal.
• * 1.5

  N ^o 81 Expired.
• * 1.6

  No forceable Entries.
• * 1.7

  Not to erect Huts, Hovels, Thatcht Houses to gain posses∣sion.
• * 1.8

  Forfeiture.
• * 1.9

  Two Justices or one of them to remove Pos∣sessions.
• * 1.10

  Offenders for∣feit.
• * 1.11

  Bound to the Peace and Ge∣neral Sessions.
• * 1.12

  Posse Comita∣tus.
• * 1.13

  Forfeiture.
• * 1.14

  Exceptions.
• * 1.15

  N^o 89. Repealed and Supplied by several after Acts.
• * 1.16

  10 l. per Cent. Interest.
• * 1.17

  Contracts for above 10 per Cent. void.
• * 1.18

  Forfeiture.
• * 1.19

  Procurage 5 s. per Cent.
• * 1.20

  1 s. for the Bond.
• * 1.21

  Forfeiture.
• * 1.22

  No changing Money into Goods, or Goods into Mo∣ney.
• * 1.23

  This last Clause is Repealed by an after Act. N. 117.
• * 1.24

  None to sell Wine near High-ways. Not to be li∣censed.
• * 1.25

  Forfeits 500 l. Sugar, First Offence.
• * 1.26

  Second and af∣ter Offence, the Goal.
• * 1.27

  Not to extend to Sea-port Towns.
• * 1.28

  Except Wind∣ward of Oist∣nis, and Le∣ward of Six-Mens-Bay.
• * 1.29

  None to sell Wines, &c. but what shall be the produce of their own Planta∣tions.
• * 1.30

  All Articles in Accounts for Strong Liquors void.
• * 1.31

  None to keep a Still but Planters or Re∣finers.
• * 1.32

  Negroes made real Estate.
• * 1.33

  No need to Inroll.
• * 1.34

  Not to extend to Merchants Factors, &c. Importing.
• * 1.35

  N ^o. 102. Obsolete.
• * 1.36

  Extorter of Fees, forfeits 5000 Pound of Sugar.
• * 1.37

  Officer offend∣ing, to lose his Place, and Three Months Imprisonment.
• * 1.38

  Two Witnesses.
• * 1.39

  Convict before any one Ju∣stice.
• * 1.40

  Table of Fees in all Offices.
• * 1.41

  1000 Pound of Sugar Forfeit, for not having the Table of Fees up.
• * 1.42

  For his Fees as Quarter Ses∣sions.
• * 1.43

  Vide Act for Marshals of Courts.
• * 1.44

  Pieces of Eight to pass at Five Shillings.
• * 1.45

  The Penalty on refusing to take them at the Rate.
• * 1.46

  Stone to carry Packs from House to House, Forfeits such Wares.
• * 1.47

  Any Justice may examine and divide the Wares.
• * 1.48

  Half to the Informer, half to the Poor.
• * 1.49

  Growth of this Island excepted.
• * 1.50

  N^o 118. Repealed by several after Acts.
• * 1.51

  N^o 121. Repealed by Act 128, which is be∣come Obsolete.
• * 1.52

  Recital of a former Act.
• * 1.53

  Deeds to be acknowledged before the Go∣vernour, or one of the Judges.
• * 1.54

  〈…〉〈…〉 Acts, 〈◊〉〈◊〉 1652.
• * 1.55

  Exception to acknowledg∣ment.
• * 1.56

  〈…〉〈…〉. Eng∣••••••••
• * 1.57

  N^o 123. Since Repealed by an Act late∣ly made.
• * 1.58

  1000 lb. Sugar, 500 lb. Cotton, 8 l. Sterl. to be Bench Action.
• * 1.59

  The Form of such Action.
• * 1.60

  Clerk to be paid 8 s. for the Envy.
• * 1.61

  Marshal 1 s.
• * 1.62

  Appear the 3d Court.
• * 1.63

  One or more Justices to hear and determine.
• * 1.64

  All Charges a∣gainst the De∣fendant.
• * 1.65

  Condemned 3d Court.
• * 1.66

  Order or Sen∣tence to pay 1 s.
• * 1.67

  Pieces of Eight light or Base, not to be dis∣posed of.
• * 1.68

  Forfeit.
• * 1.69

  Six Months Imprisonment.
• * 1.70

  Penalty.
• * 1.71

  Justices at Quarter Ses∣sions, or Ve∣stry-Men to Elect.
• * 1.72

  Plantation •••• Acres.
• * 1.73

  Refusing to Serve, forfeits 2000 lb. Sugar.
• * 1.74

  Levied by Di∣stress.
• * 1.75

  Imprisonment till Payment or Performance.
• * 1.76

  Claim saved by Action entred, and not other∣wise.
• * 1.77

  Judges and Courts to ad∣mit of no other Claims.
• * 1.78

  To bring Ac∣tion in Five Years to Trial.
• * 1.79

  That Trial to be definitive, and a Bar.
• * 1.80

  He who claims under any one barred, is also barred.
• * 1.81

  Act of Non-claim to be pleaded, or gi∣ven in Evi∣dence.
• * 1.82

  Judges to al∣low it.
• * 1.83

  Man and Wife of full Age, or Feme Sole, to alien Lands here, whilst in Parts be∣yond the Seas.
• * 1.84

  N^o 138. Expired by the Commission.
• * 1.85

  None to carry off for Service.
• * 1.86

  Contract void.
• * 1.87

  Forfeits 4000 lb. Sugar.
• * 1.88

  Tryed the 1st Court.
• * 1.89

  Who transports a Man from his Wife and Chil∣dren, to main∣tain them. Or pay a Fine set by the Ve∣stry.
• * 1.90

  Who has a Ticket, and de∣livers it out to another, if tendred or car∣ried off.
• * 1.91

  Twenty Lashes, and Pillory Three Days.
• * 1.92

  Goods not brought to Mar∣ket by the De∣fendant, con∣strued to be made away by the Defendant.
• * 1.93

  To imploy but Two Atorneys in one Cause. Penalty 2000 lb. of Sugar.
• * 1.94

  Cost 100 lb. and 200 lb. Sugar for At∣torneys Fees.
• * 1.95

  Attorneys to plead every Man's Cause for his Fee.
• * 1.96

  To take no more Fees.
• * 1.97

  The Attorney's Oath.
• * 1.98

  Persons in∣forming, bound over to prose∣cute.
• * 1.99

  What Fees to be paid.
• * 1.100

  To take over Fees, forfeits Office.
• * 1.101

  Proceeded a∣gainst as Ex∣tortioners.
• * 1.102

  Convicted by Confession, or One Witness.
• * 1.103

  Tried before the Governour or any Two Ju∣stices of the Peace.
• * 1.104

  Table of Fees set up in the Secretary's Of∣fice. 10000 lb. Su∣gar Forfeit.
• * 1.105

  Governour pro tempore Settle Fees, &c.
• * 1.106

  Assembly to as∣certain new Fees.
• * 1.107

  Wilful burning of Canes, 40 Lashes, and Branded.
• * 1.108

  Accidental Fire Satisfaction to the Party in∣jured.
• * 1.109

  To carry Fire, or Smoke To∣bacco in Paths where Canes are planted.
• * 1.110

  Forfeits 500 Pound of Su∣gar.
• * 1.111

  Or Twenty Lashes if Poor.
• * 1.112

  No uncured Ginger to be Ship'd off.
• * 1.113

  Forfeit.
• * 1.114

  Two Justices to Convict.
• * 1.115

  To imprison the Offender for a Year.
• * 1.116

  Master of Ship taking uncured Ginger on Board.
• * 1.117

  Forfeits 10000 Pound of Su∣gar, and Twelve Months Impri∣sonment.
• * 1.118

  Ʋncured Gin∣ger on Board, to be landed for the Owner.
• * 1.119

  The Master not delivering, convicted on his Return.
• * 1.120

  Justices neg∣lecting their Duty punished.
• * 1.121

  Forfeits 10000 Pound of Su∣gar.
• * 1.122

  The Governour to appoint all Searchers to Seize all un∣cured Ginger.
• * 1.123

  A Clause in the Bond.
• * 1.124

  Secretary omit∣ting such Clause in the Bond, forfeits 10000 Pound of Su∣gar.
• * 1.125

  None to sell contrary to the Rates set. 3000 Pound of Sugar Penalty.
• * 1.126

  Several Offen∣ces deemed forestalling.
• * 1.127

  Forestaller.
• * 1.128

  Several Offen∣ces deemed re∣grating.
• * 1.129

  Regrator or Ingrosser.
• * 1.130

  Conviction by Justices, or at the Quarter-Sessions.
• * 1.131

  The Method.
• * 1.132

  1st Offence. Forfeits Good: and 3 Months Imprisonment.
• * 1.133

  2d Offence. Double Punish∣ment.
• * 1.134

  3d Offence. Forfeits Goods and Chattels, and Nine Months Im∣prisonment.
• * 1.135

  Disposition of Forfeitures.
• * 1.136

  The manner of putting up Names in the Secretary's Of∣fice.
• * 1.137

  When a Ticket to be given.
• * 1.138

  Persons un∣known to the Secretary, a Justice to cer∣tify his Name.
• * 1.139

  Of his own knowledge, or by the Oath of Two Witnesses.
• * 1.140

  The Secretary and Governour to Sign all Tickets.
• * 1.141

  Master of any Ship may safe∣ly transport with such Tic∣kets.

  Women Co∣vert, and Chil∣dren under 14 Excepted. Ʋnless Feme Sole Traders.
• * 1.142

  Against evil and malitious Ʋnder-wri∣tings.
• * 1.143

  Directions how to under-write.
• * 1.144

  Where part of a Bill, Bond, &c. is due, it is so to be under-writ for.
• * 1.145

  A Plaintiff or Plaintiffs may declare for part of a Debt.
• * 1.146

  2000 Pound of Sugar For∣feit.
• * 1.147

  Ʋnder-wri∣tings for Debts due in futuro.
• * 1.148

  Actions to be filed within 21 Days after the Debt become payable.
• * 1.149

  None to be A∣rested that hath 10 Acres of Land, nor for a Debt under 1000 Pound of Sugar, or 6 l. 5 s.

  Except he has taken out his Ticket, and not given Security.
• * 1.150

  The Cause of Action to be set forth in Warrants of Arrest.
• * 1.151

  Special Court.
• * 1.152

  The way to procure a Spe∣cial Court.
• * 1.153

  The 〈…〉〈…〉 be Sworn.
• * 1.154

  To Summon the Plaintiff.
• * 1.155

  To Summon & Jury. To act with speed as the Court of Com∣mon Pleas.
• * 1.156

  〈◊◊〉〈◊◊〉 issue our after Judgment ••¦gainst Good•• or Body.
• * 1.157

  Several 〈◊〉〈◊〉 for which the Jury shall give Verdict for 〈◊〉〈◊〉 Defendant.
• * 1.158

  If Judgement against the Plaintiff, he is to pay 1st, Treble Da∣mages. 2d, Double Costs. 3d, 2000 lb. of Sugar. 4th, Stand committed till Payment.
• * 1.159

  The Marshal and Clerk's Fees.
• * 1.160

  The Judges to certify the ef∣fect of the Tryal to the Se∣cretary.
• * 1.161

  Ʋnder-writing void.
• * 1.162

  On Arrest, Ac∣tion to be filed in 3 Days.
• * 1.163

  3000 Pound of Sugar For∣feit for not fi∣ling Action in 3 Days.

  Where cause of Action is for Damages, to write Dama∣ges in gross.
• * 1.164

  Secretary and Marshal Judges of Securities under 200 l. Sterl. or 30000 Pound of Su∣gar.
• * 1.165

  Governour and Council, Judges of Se∣curities, above 200 l. Sterl. or 30000 Pound of Su∣gar. Preamble.
• * 1.166

  Defendants not appearing on Arrests, 1st Court Judg∣ment.
• * 1.167

  Judgment a∣gainst Bayl.
• * 1.168

  Secretary to take no more Fees, &c.
• * 1.169

  To answer for all Office Mis∣carriages.
• * 1.170

  Tickets got by indirect means.
• * 1.171

  Tickets duly or unduly got, not to be assigned.
• * 1.172

  Tickets to be taken out for Servants or Slaves.
• * 1.173

  Oath to be made they are the proper E∣state of &c. before Ticket granted.
• * 1.174

  All under-wri∣tings under 1000 Pound of Sugar, or 6 l. 5 s. to be determined by a Justice.
• * 1.175

  N^o 176. Expired and Repealed by Act 181.
• * 1.176

  Negroes reco∣vered by Ac∣tion Personal.
• * 1.177

  Chattels to pay Debts.
• * 1.178

  Real Estate.
• * 1.179

  Vide ultra, the Act revived and continued.
• * 1.180

  N ^o 185. Repealed by several after Acts.
• * 1.181

  To take out Execution as before.
• * 1.182

  The Eighty Days after Execution taken off.
• * 1.183

  Gage of Sugar Cask.
• * 1.184

  Punishment.
• * 1.185

  Negroes hear∣ing, are for∣feited. Half to the In∣former.
• * 1.186

  Half to the Country.
• * 1.187

  The Prosecutor to bring an Action in 3 Months.
• * 1.188

  To be tryed the First Court. Immediate Execution.
• * 1.189

  For every strange Ne∣gro, 10 l. For∣feit against any at the Meeting.
• * 1.190

  None to teach School but those who take the Oath of Alle∣giance and Su∣premacy.
• * 1.191

  Except licens'd by the Go∣vernour.
• * 1.192

  Three Months Imprisonment, and 3000 lb. Sugar.
• * 1.193

  None to Preach who have not been here 12 Months.
• * 1.194

  No Beef, &c. to be sold, be∣fore an Oath be made that he imported it, or was consigned to him.
• * 1.195

  An Informer to bind over an Offender to Quarter or Grand Sessions.
• * 1.196

  1st Offence, 30 l.
• * 1.197

  2d Offence, 60 l. 3d Offence, Pillory, and all his Goods and Chattels.
• * 1.198

  Informer to sue in St. Mi∣chael's Pre∣cincts, if, &c.
• * 1.199

  Nusance.
• * 1.200

  Not to extend to our Market People.
• * 1.201

  A Person scru∣pling to Swear, another may do it.
• * 1.202

  None to trans∣port Victuals hence. Loss of Ship and Goods.
• * 1.203

  Five Pounds for every Bar∣rel of Beef, Pork, 100 lb. of Fish, Salt, &c. conveyed off. Except Ships Provision.
• * 1.204

  The Clerk of the Market the Informer.
• * 1.205

  Original Writs to be fairly en∣tred in a Book before they be issued out.
• * 1.206

  N^o 213. Repealed by after Acts.
• * 1.207

  Effects when to be out-cry'd and sold.
• * 1.208

  Out-crys to be at the Market-Towns in the Precincts where Attached.
• * 1.209

  Penalty on Buyers not paying.
• * 1.210

  Penalty on the Marshal suf∣fering the Pri∣soner to go A∣broad.
• * 1.211

  Estate of the Debtor liable to Attachment.
• * 1.212

  Lands to be taken as Chat∣tels for Pay∣ment of Debts.
• * 1.213

  N^o 217. Expired by the Commission.
• * 1.214

  The Fee Simple to be vested in Benjamin the Son.
• * 1.215

  Power to sell.
• * 1.216

  Exceptions of Dower and Legacies.
• * 1.217

  N^o 221. Expired by the Commission.
• * 1.218

  N^o 223. Repealed by the Act made the 8th of August, 1688.
• * 1.219

  N^o 229. Expired by the Commission of Sir Jonathan Atkins.
• * 1.220

  N^o 236. Continued by Act in Sir Ri∣chard Duttons time for Six Months, and since Expired.
• * 1.221

  N^o 237. Repealed by Act made the 8th of August, 1688.
• * 1.222

  Trust lodged in the Representa∣tives for the u∣ses of the Deed.
• * 1.223

  N^o 248. Repealed by Act 260, which is Ex∣pired.
• * 1.224

  N ^o 268 Expired
• * 1.225

  N^o 279. Prouided for in the Act of Militia.
• * 1.226

  A Certificate to the Secreta∣ry.
• * 1.227

  How Effects are to be levi∣ed and out-cryed.
• * 1.228

  The Buyers not paying, to in∣cur such Penal∣ties as are ap∣pointed in the Court of Com∣mon Pleas.
• * 1.229

  Lines how to be run out.
• * 1.230

  The Charge to be born by both Parishes.
• * 1.231

  Parochial Taxes to be paid in the P••∣rish where the Land ••••es, and to be dischar∣ged from the other Parish.
• * 1.232

  Church-Yards to be inclosed.
• * 1.233

  A Justice to grant a Sum∣mons.
• * 1.234

  To accord them.
• * 1.235

  If not Three Men to view and appraise.
• * 1.236

  An Oath.
• * 1.237

  To re-deliver the Distresses.
• * 1.238

  If the delive∣rance of the Distresses hin∣dred, the Of∣fenders Person to be Arrested.
• * 1.239

  To lye in Goal till be re-deli∣ver.
• * 1.240

  If he or they dispute of Title.
• * 1.241

  The Justices power to cease. To be tried at Common Law.
• * 1.242

  Treble Cost.
• * 1.243

  Attorneys to confess Judg∣ment before the Judge of the Precincts, not∣withstanding the death or re∣moval of the former Judge.
• * 1.244

  The Judgment to be effectual.
• * 1.245

  And the At∣torney indemp∣nified.
• * 1.246

  Treason, Pyra∣cy, &c. to be tried as Of∣fences at Land.
• * 1.247

  An Executor or Administrator to be Sued for Wages before a Justice as Testator or In∣testate.
• * 1.248

  The Ballance 4000 Pound of Sugar, or 25 Pound to be cognizable.
• * 1.249

  Any under 21 Years, to bind themselves by Indenture, till 21 Years.
• * 1.250

  With Parents Consent if li∣ving.
• * 1.251

  If Dead, by consent of the next Justice of Peace, and Church-war∣den.
• * 1.252

  To be bound by Indenture.
• * 1.253

  Apprentice in fault, to be whipped by the Constable. 1st Offence.
• * 1.254

  2d Offence.
• * 1.255

  3d Offence.
• * 1.256

  Too much Cor∣rection, want of Cloathing, hard Labour.
• * 1.257

  Apprentice set Free per Ses∣sions.
• * 1.258

  Apprentice Ten Lashes.
• * 1.259

  Two Justices to bind out any loose Persons.
• * 1.260

  5 Eliz. Cap. 4.
• * 1.261

  Constable neg∣lecting his Du∣ty to pay 40 s.
• * 1.262

  Marrying a Girl without Master's Con∣sent, to pay 5 l. per Annum.
• * 1.263

  Above 100 l.
• * 1.264

  Four Days no∣tice on every Court House.
• * 1.265

  Between Ten and Fourteen Days after At∣tachment.
• * 1.266

  Lot not above •• Negroes.
• * 1.267

  Head of •• in one
• * 1.268

  〈◊〉〈◊〉 Fif∣•••• 〈◊〉〈◊〉 in a Lot.
• * 1.269

  No Outcries at Plantations.
• * 1.270

  Marshals Fees for levying Executions.
• * 1.271

  Paid in Mo∣ney 12 s. 6 d. per Cent.
• * 1.272

  Court Fees to be set up in all Offices.
• * 1.273

  Fifty Pound on him that Ex∣torts.
• * 1.274

  Ten Pound for want of Table of Fees.
• * 1.275

  Take no Ne∣gro from him that has had him 3 Months.
• * 1.276

  2 s. 6 d. per Day.
• * 1.277

  Two Justices to restore to the Party grieved.
• * 1.278

  Fifty Pounds.
• * 1.279

  This Act not to extend to Ne∣groes lent or hired out.
• * 1.280

  Trial and Judgment, 1st Court after Summons. Judgment per Default, 1st Court.
• * 1.281

  2d Court, Pe∣remptory.
• * 1.282

  Widow send∣ing off any Slave, forfeits.
• * 1.283

  Husband Mar∣rying a Widow, offending, for∣feits his Estate.
• * 1.284

  Actions for Right of Ne∣groes.
• * 1.285

  Indians not to be sold or im∣ported here.
• * 1.286

  No Person o∣bliged to arm or accouter his Apprentice for the Militia.
• * 1.287

  To present his Appr ntice in Three Months to the Colonel. The Colonel to place him on a Person wanting his Comple∣ment. To be armed and accoutred.
• * 1.288

  No Ship to trade before the Master pre∣sents himself to the Governour.
• * 1.289

  2d, Obtain Li∣cense to Trade. 3d, Certified Ships Voyage and Loading. 4th, Made En∣try. 5th, Given 2000 l. Secu∣rity to carry none off with∣out license.
• * 1.290

  Indian and Guinea Corn, Bonavis, Pease, Beans in the Ear or Husk, 74 l. Thrasht, Beaten or huskt. 56 l.
• * 1.291

  Forfeit. Half to the In∣former. Half to the Poor. To be recovered by Warrant from a Ju∣stice of Peace.
• * 1.292

  Not to receive the customary Reward.
• * 1.293

  To serve in the Militia.
• * 1.294

  None to leave this Island without their Majesty's Li∣cense.
• * 1.295

  None to escape but to incur the Penalties of Run-aways.
• * 1.296

  No Clerk of a Court to be a Practicer there.
• * 1.297

  Forfeits his Office,
• * 1.298

  And 50 l.
• * 1.299

  Recital of a former Act.
• * 1.300

  Run-away 30 Days, to suffer Death.
• * 1.301

  Souldiers to have free Quar∣ter.
• * 1.302

  N^o 391. Repealed by the late Act of Militia.
• * 1.303

  250 Pound Sterling per Annum for the Agents.
• * 1.304

  1500 Pound to be remitted to the Agents.
• * 1.305

  N^o 424. Repealed by Act Jun. 15, 1697, Intituled, An Act to ascertain the Duty of Ma∣sters of Ships.
• * 1.306

  Legallity of Elections to be decided by the plurality of Votes in the Assembly.
• * 1.307

  Apprentices though under Age of 21, yet bound to serve the time men∣tioned in their Indentures.
• * 1.308

  Proviso.
• * 1.309

  To serve but Seven Years.
• * 1.310

  An Appren∣tice absenting himself without leave, a Ju∣stice to order Service after the Expiration of his Inden∣ture.
• * 1.311

  The Penalty a∣gainst Enter∣tainers.
• * 1.312

  The form of the Declara∣tion.
• * 1.313

  Perjury.
• * 1.314

  Judges not to plead.
• * 1.315

  An Act of Re∣peal.
• * 1.316

  Every Person who hath 10 Acres of Land, or 10l. per Annum Rent, deemed a Free∣holder.
• * 1.317

  Joint-Tenants or Tenants in Common.
• * 1.318

  Free-holders Deeds to be Acknowledged.
• * 1.319

  Proviso.
• * 1.320

  Proviso.
• * 1.321

  All Persons e∣lecting, or to be elected, to Swear.
• * 1.322

  Justice to ad∣minister the Oath, or in his absence, the Vestry-man present.
• * 1.323

  Quakers to de∣clare instead of an Oath.
• * 1.324

  To whom the Writs for E∣lection shall be directed.
• * 1.325

  Councellors not to go out of their Parish to execute the Writs.
• * 1.326

  If no Coun∣cellor in the Parish, then the President and Council to appoint.
• * 1.327

  All Elections to be at one time.
• * 1.328

  Shall have a paper of Co∣lumns.
• * 1.329

  Every Repre∣sentative to take the Oaths appointed.
• * 1.330

  None to be E∣lected who re∣fused to swear.
• * 1.331

  If any Member of the Assem∣bly die or de∣part this Island, the President Council to issue a new Writ in 20 Days.
• * 1.332

  No Menaces or indirect means to be used in Elections.
• * 1.333

  False Infor∣mation, the Penalty.
• * 1.334

  Writs to be published on Sundays.
• * 1.335

  One Pound of Powder per Tun, to be paid by every Master arriving here.
• * 1.336

  All Ships to be reported on Oath or gaged.
• * 1.337

  A Register of all Entries to be kept on Oath.
• * 1.338

  Such Officer to continue for one Year, then a new Election.
• * 1.339

  100 l. per An∣num Sallery.
• * 1.340

  Sufficient Se∣curity to be gi∣ven.
• * 1.341

  The Officer's Oath.
• * 1.342

  20 l. per Ann. for keeping Accounts.
• * 1.343

  No Stores to be bartered or, sold.
• * 1.344

  Such Officers to render just Ac∣counts.
• * 1.345

  Every Freeman to serve in the Militia.
• * 1.346

  Every Owner of 20 Acres of Land, to send one Man to the Foot,
• * 1.347

  Ʋnless he serve himself.
• * 1.348

  Two Tenants to be taken as Three Com∣mon Freemen.
• * 1.349

  Every Hun∣dred Acres to find a Horse.
• * 1.350

  Every one that keeps a Horse, to serve in the Troop.
• * 1.351

  Every Person to appear on Sum∣mons.
• * 1.352

  Proviso.
• * 1.353

  Forfeiture of every Person not appearing.
• * 1.354

  Proviso.
• * 1.355

  Colonels to sign Execu∣tions against Defaulters.
• * 1.356

  Marshals to apprehend the Bodies of De∣linquents.
• * 1.357

  Proviso.
• * 1.358

  Who sends his full Comple∣ment not to be returned.
• * 1.359

  Proviso.
• * 1.360

  Defaults of the Souldiers to be punished with Corporal Pu∣nishment.
• * 1.361

  Proviso.
• * 1.362

  Appraisers to be summoned.
• * 1.363

  Not appearing to be fined.
• * 1.364

  Colonels of the Life-Guard have power to levy Fines.
• * 1.365

  Every Coun∣cellor and e∣very Field Of∣ficer abated Two Horses each. Proviso.
• * 1.366

  Council exemp∣ted from Mili∣tary Duty.
• * 1.367

  Present Assem∣bly, and for∣mer Field Of∣ficers, exemp∣ted from Duty but on Ala∣rums.
• * 1.368

  All Justices to ride Armed in in time of War.
• * 1.369

  All other Per∣sons not to be exempted.
• * 1.370

  Apprentices to be inlisted.
• * 1.371

  Proviso.
• * 1.372

  All Persons to appear being summoned, and not to depart without leave.
• * 1.373

  All Persons to serve in the Place to which they remove.
• * 1.374

  Every Person to be inlisted that is a Free∣man.
• * 1.375

  Forfeiture of Refractory Per∣sons.
• * 1.376

  Who shall be deemed a Re∣fractory Per∣son.
• * 1.377

  Forfeiture in case of Muti∣ny.
• * 1.378

  What shall be an Alarum.
• * 1.379

  Six Months imprisonment for the Person who sets not forward an A∣larum.
• * 1.380

  Forfeiture for Non-appear∣ance in Ala∣rums.
• * 1.381

  Every Com∣mission Officer excused one Horse and Man.
• * 1.382

  Provisions to be sent down to Persons on Duty.
• * 1.383

  Commanders in chief to press Horses, Wains, &c.
• * 1.384

  Encouragement of Servants be∣having them∣selves well in Battel.
• * 1.385

  Servant or Ne∣gro killed, lost or disabled, to be made good to the Owner.
• * 1.386

  Every Horse∣man to bring a Negro Man armed.
• * 1.387

  Forfeiture for spreading false Alarums.
• * 1.388

  All Persons ag∣grieved, to be addressed on Complaint to the Colonel.
• * 1.389

  Every Person having but a Personal Estate what to send.
• * 1.390

  Overseers ex∣cused.
• * 1.391

  Supernumerary Servants lost in Battel, to be paid for.
• * 1.392

  Value of Ne∣groes lost.
• * 1.393

  Who shall be capable of be∣ing a Field-Officer.
• * 1.394

  Proviso.
• * 1.395

  Proviso.
• * 1.396

  Every Compa∣ny to meet once a Month in time of War, and once in Two Months in time of Peace.
• * 1.397

  Proviso.
• * 1.398

  Proviso.
• * 1.399

  Proviso.
• * 1.400

  Every Person to serve in the Division where he lives.
• * 1.401

  Persons insuf∣ficient to pro∣vide for them∣selves, to be billeted on Landed Men.
• * 1.402

  Publication of Two Clauses concerning Freemen, Ser∣vants and Ne∣groes be made Twice per An∣num.
• * 1.403

  Persons grie∣ved by the Mar∣shals, to apply themselves to the Colonels or Commanders in chief.
• * 1.404

  Proviso.
• * 1.405

  Proviso.
• * 1.406

  Each Regiment to have Two Field-Pieces.
• * 1.407

  Articles of War not to be in Force till an Enemy appear.
• * 1.408

  None to fire a Gun small or great, after Eight of the Clock at Night.
• * 1.409

  Neglect of Ser∣vice on Petrols, to forfeit Twen∣ty Shillings.
• * 1.410

  Persons suf∣fering by false Returns, to have their Ac∣tions at Com∣mon Law.
• * 1.411

  Goods levied on, to be in the Delinquents •• Custody, Bon•• being given.
• * 1.412

  All former Acts of the Militia Repealed.
• * 1.413

  How to move for an Habeas Corpus.
• * 1.414

  How Prisoners shall be dis∣charged.
• * 1.415

  Provost Mar∣shal or Goaler not to keep any in Prison a∣bove Twelve Hours, except by a Mittimus,
• * 1.416

  Persons once dismissed, not to be again im∣prisoned for the same Offence.
• * 1.417

  Forfeiture of 500 l. for im∣prisoning a Person twice.
• * 1.418

  Neglect of Re∣turn how pu∣nished.
• * 1.419

  General Ses∣sions to be held Twice per An∣num.
• * 1.420

  Treason and Felony to be tried the next General Ses∣sions after the Offence com∣mitted, other∣wise to be set at liberty.
• * 1.421

  Proviso.
• * 1.422

  Baron or Judges Fees.
• * 1.423

  General issue to be pleaded.
• * 1.424

  Assembly to send for Per∣sons that are able to give Evidence in Aggrievances, and to send for Papers, &c.
• * 1.425

  Once in Six Months succes∣sively to be held a Court of Ge∣neral Sessions.
• * 1.426

  Governour and Council to ap∣point Judges, if they cannot sit themselves.
• * 1.427

  A Writ to be directed to all the Inhabitants.
• * 1.428

  Justices, Co∣roners, &c. to send a List of Freeholders to the Clerk of the Crown.
• * 1.429

  Forfeiture for Non-appear∣ance being summoned.
• * 1.430

  Proviso.
• * 1.431

  Officers to give an Account of all Fines once a Year.