entered in the Record, and the Time of such Entry shall be held, deemed, and taken to be the Time of the Registry thereof. shall take an Oath or erasing any prin And be it enacted by the Authority aforesaid, That the said Register, or Clause VII. his lawful Deputy for the Time being, exercising and executing the said Register or Deputy Office, shall, before his Excellency in Council, at the first Sitting after the before his ExcelPublication of this Act, take an Oath for the due and faithful Discharge of discharge of his lency for the due the said Office, without Favor or Affection, Fear, Hatred, or Malice, to or of Office. any Person whomsoever; and the said Register shall keep such Records in Records, how to be good strong-bound Books, leaving a Margin of One Inch in breadth on the kept. Sides; And if any Person or Persons shall wilfully embezzle, erase, or deface Persons embezzling any principal Deed, brought to and entered in the said Office, or any Record cipal Deed, &c. or of these Islands, or forge or counterfeit any Entry of the Acknowledgment &c. forging any Entry, of such Deed, with intent to injure or defraud any Person or Persons whom- Death. soever, and be thereof lawfully convicted by the Verdict of Twelve good and substantial Freeholders, he, she, or they, shall suffer (such) Death as Repealed by No. 81, a Felon or Felons; And if such Register, or his lawful Deputy, shall be guilty of any wilful Neglect in the Execution of his Office, and shall be thereof lawfully convicted, he shall forfeit Five Pounds to his Majesty, his £5. Penalty on the Register neglecting Heirs, and Successors, to be applied to the Public Uses of these Islands, his Duty. to be recovered in any of the Courts of Record thereof, and be further liable to an Action for Damages, at the Suit of the Party injured. Expired. shall suffer Clause 44. Clause VIII. Clause IX. Attendance at the And be it further enacted, by the Authority aforesaid, that the Register, Clause X. or his Deputy for the time being, shall duly attend at his Office from the Hours of Register's Hours of Eight in the Morning until Twelve at Noon, and from Three till Office. Five in the Afternoon, under the Penalty of Twenty Shillings for each Neg- Penalty 20s. lect, One Moiety thereof to be to Our Sovereign Lord the King, his Heirs, and Successors, to be paid into the Public Treasury of this Island, and to be applied to the Public Uses thereof, and the other Half to the Informer, to How applied. be recovered in any Court of Record in this Island. No. III. An Act to make Cattle, Horses, Mules, Asses, Coppers, Stills, and Vide Act, No. 5. Plantation Utensils, real Estate of Inheritance, and declaring Widows dowable of them, as of Lands and Tenements. [April 29, 1767.] WHEREAS, according to the Laws now in being, Widows are only dowable Preamble. of Estates in Lands and Tenements in these Islands, which must be attended with considerable Disadvantages to such Persons, as the Want of Plantation Utensils, wherewith to work and manure Lands, and manufacture the Produce thereof must of course render them of very little or no Value; for Remedy whereof, and the making more suitable Provision for the Widows of deceased Husbands, who shall die seised and possessed of any Estate, in Lands, or Tenements, in these Islands; Be it, and it is hereby enacted, Clause I. by His Excellency the Captain-General and Governor in Chief of the Southern Charibbee Islands of Grenada, the Grenadines, Dominica, St. Vincent, and Tobago in America; the Honorable the Members of His Majesty's Council, and the General Assembly of these your Majesty's Islands of Grenada and the Grenadines: That all the Horned Cattle, Horses, Mules, Horses, Mules, and Asses, commonly used, employed, and worked upon, and about any Stills, and PlantaPlantation or Plantations, and all Coppers, and Stills, and other Plantation tion Utensils, made Utensils, are hereby declared real Estate of Inheritance, and affixed to the Vide Act, No. 5, Freehold, and shall, with the Plantation whereto the same belong, descend Descend to Heir at to the Heir at Law, and the Widow shall be dowable of them and every of Law, and Widows them, in the same Manner as she is now dowable of the Lands and Tene- made dowable of Asses, Coppers, real Estate. Clause 1. them, and entitled ments whereof her Husband shall die seised; and that such Widow may to recover themesne and shall be entitled to recover the Mesne Profits of such Plantation, Cattle, Vide Act, No. 5, Horses, Mules, Asses, or other Hereditaments whereof she shall be so profits, &c. Cl. 2. Proviso. endowed against the Party or Parties that may or shall have received, or detained the same, in Damages by Action upon the Case, in any Court of Record of these Islands, or by Suit in Equity against the Party or Parties, their Executors or Administrators, who may or shall have received, or denied the same. Provided always, That the said Plantation, or the Works thereon being, shall not be divided, or otherwise parted, than by the Allotment of the Third part of the Dwelling-House, with its Appurtenances and necessary Conveniences, to the Tenant in Dower, for her Habitation or convenient Reception, when she shall think fit to remain there, or to repair thereunto; which Third Part of the Dwelling-House the Provost-Marshal, or his lawful Deputy, upon Application to him made, shall set, or lay out to such Tenant in Dower, and shall forthwith put her in quiet and peaceable Possession of the same. And that none of the Horses, Cattle, Mules, Asses, Coppers, Stills, or other Plantation Utensils whatsoever, to any Plantation belonging, shall be carried off, or employed from the said Plantation, otherwise than in the immediate Service thereof, by such Tenant in Dower, or by the Heir of him or them, in Reversion or Remainder; but that they shall join in carrying on the Business of the same, to the greatest Advantage of all the Parties concerned. Clause II, repealed by Act No. CI, and Clauses III and IV expired. Preamble. No. IV. An Act for regulating the Proceedings of the General Assembly on all Bills to impose any General Tax on the Inhabitants of these Islands, and to Regulate the Proceedings of the Council on all Bills whatever. [October 14, 1767.] WHEREAS nothing is more equitable and just, than that the People on whom any general tax is imposed should be as fully represented as the situation and circumstances of the Country will possibly admit; nor any thing more reasonable, than that all the Members of His Majesty's Council should have an opportunity of giving their assent or dissent to any Act of the Legislature of which they are Members: and it is the duty of those, who are entrusted with the Liberties and properties of their fellow subjects, to provide for their safety and security, under a virtuous and patriotic Administration; thereby to prevent the mischiefs and evils that may ensue under a vicious and self-interested one: We, your Majesty's most dutiful, loyal, and obedient subjects, the Captain-General and Governor in Chief of the Southern Charibbee Islands of Grenada, the Grenadines, Dominica, St. Vincent and Tobago, in America, the Honourable the Members of His Majesty's Council of Grenada and the Grenadines and the General Assembly of the same, humbly pray your most Excellent Majesty, That it may be enacted, And be it, and it is hereby enacted, by the Authority aforesaid, That from and Bill for laying Ge- immediately after the meeting of the next General Assembly, no Bill for laying on, or imposing any general Tax on the Inhabitants of these Islands of Grenada and the Grenadines, shall be brought into the House of Assembly until six days after the same shall be moved for; nor shall the same as a Bill be read in the said House of Assembly, until the Speaker, for the time Such Bill not to be being, shall have issued his summons, which he is hereby required and read until absent directed immediately to do, requiring the attendance of such of the absent moned to attend, Members as shall be on or in the Island of Grenada, upon that particular Clause I. neral tax; how to be brought in. Members be sum No. 86. business; and allowing a sufficient time for the sending out the same, and the coming in of the Members so absent: Nor shall any Bill whatever pass Repealed by Act, the Council until all the Members thereof, then on and in the said Island of Grenada, shall have been duly summoned to attend the Council Board on that particular business; nor at any other time than the time mentioned and appointed in such summons. And the Provost-Marshal, or his lawful Duputy, if thereto required, shall be obliged to prove the service of such summons to have been made by some Person. Provided always, That nothing in this Bill shall be construed or understood any ways to derogate from, or alter the present constitution of this Colony as established by His Majesty's commission and instructions to the Captain-General or Commander-in-Chief of these Islands for the time being. No. V. An Act to explain and amend an Act, to make Cattle, Horses, Recites Act, No. 3. WHEREAS, by an Act, intitled, "An Act to make Cattle, Horses, Mules, Preamble. And whereas great and unforeseen injuries and losses have arisen to Merchants, Factors, and other Persons, in these Islands; and many inconveniences may arise to the general discredit of these Islands, by the delays and difficulties occasioned in the recovery of just Debts, from the Executors and Administrators of Persons dying possessed of Horned Cattle, Horses, Mules, and Asses, belonging to, or worked, used, or employed, upon Plantations; To prevent, therefore, the losses and inconveniences that may, in future accrue from the said recited Clauses in the said Act, Be it, and it is hereby enacted, by the Governor and Commander in Chief of the Clause I. Southern Charibbee Islands of Grenada, the Grenadines, Dominica, St. Vin- Horses, Mules, or cent, and Tobago, the Honourable the Members of His Majesty's Council of Asses, employed, on Grenada and the Grenadines, and the General Assembly of the same, That be real Estate, and all Horned Cattle, Horses, Mules, or Asses, belonging to and employed on not Chattels, and any Plantation, after the publication of this Act, shall and the same are dowed thereof. hereby declared real Estate, and not Chattels; and shall descend accord- Vide Act, No. 3. ingly, and Widows shall be capable of being endowed thereof. Horned Cattle, any Plantation, to Widows to be en Proviso. inventory Horned Assets, and subject Provided always, That any Executors and Administrators may inventory Executors, &c. may the said Horned Cattle, Horses, Mules, and Asses, belonging to, or emCattle, &c. which ployed or not, on any Plantation, but not take them into his custody, to the are to be deemed intent, that if there be not sufficient Goods and Chattels to pay the deto the Payment of ceased's Debts, the said Horned Cattle, Horses, Mules, and Asses, belonging to or employed on any Plantation, shall be and the same are hereby deemed and taken to be assets in the hands of any such Executors and Administrators, and shall, accordingly, be liable and subject to the payment of the said Debts, and shall be Chattels, for that purpose, and not otherwise, and the Widow shall not be endowed thereof. Debts, and Widows not be thereof. Clause II. endowed No Widow to be And be it further enacted, by the Authority aforesaid, That no Widow endowed of Horses, shall be endowed of any Horses, Mules, Asses, or Horned Cattle, com&c. sold by the Pro- monly used, employed, and worked upon, and about any Plantation or Lifetime of her Hus- Plantations, or of any Coppers, Stills, or other Plantation Utensils or Im vost Marshal, in the band. plements, which, after the publication of this Act, shall be sold in the lifetime of her Husband, by the Provost-Marshal of this Island, or his lawful Deputy, at public out-cry, for the payment of the just Debt or Debts of such Husband, by virtue of any Execution or Executions, already issued or to be issued, upon any Judgment or Judgments at Law, obtained or to be obtained against such Husband, or upon any Decree or Decrees of the Court of Chancery, made or to be made against him. Preamble. No. VI. An Act to extend an Act of Parliament made in the TwentyNinth Year of the Reign of the late King Charles the Second, intitled, "An Act for prevention of Frauds and Perjuries,' unto the Islands of Grenada and the Grenadines, and to enforce the same. [Feb. 20, 1770.] WHEREAS doubts have arisen whether an Act of Parliament made in the Twenty-ninth Year of the Reign of the late King CHARLES the Second, does extend and is in Force in these Islands of Grenada and the Grenadines ; to the end, therefore, that such doubts may be entirely removed, and the Law settled and known, Be it enacted, by the King's most Excellent Majesty, by and with the advice and consent of the Governor or Commander in Chief in and over his Majesty's Southern Charibbee Islands of Grenada, the Grenadines, Dominica, St. Vincent, and Tobago, in America, the Honourable the Members of His Majesty's Council of Grenada and the Grenadines, and the General Assembly of the same, That the said Act, The Act for pre- made in the Reign of his said late Majesty King CHARLES the Second, venting Frauds and intitled, "An Act for prevention of Frauds and Perjuries," except when the twenty-ninth the same, or any part thereof, is altered, or it is otherwise provided for in King Charles II. to and by any Act of the said Islands of Grenada and the Grenadines, now in be in force in these force, shall, by virtue of this Act, be adjudged and extended to, and be in force in the aforesaid Islands of Grenada and the Grenadines, for ever. Perjuries, made in year of the reign of Islands. Vide Act, 99. Preamble. No. VII. An Act to explain and amend an Act, intitled "An Act for establishing and regulating a Register's office." [April 3, 1770.] WHEREAS by an Act intitled, " An Act, for establishing and regulating a Recites Act, No. 2. Register's office in the Island of Grenada," bearing date the Twenty-ninth day of April, One Thousand Seven Hundred and Sixty-seven, it is amongst other things therein enacted, That from and immediately after the publication of the said Act, all Deeds, Conveyances, and other Instruments of Writing, of, and relating to, or whereby any Lands or Tenements in the said Island of Grenada and the Grenadines, may be anywise affected, either in Law or Equity, should be duly entered and recorded in the Register's office of the said Island of Grenada, within one month after the making and executing the same; and all such Deeds so passed, and not recorded in the time aforesaid, shall be utterly void, to all intents, constructions, and purposes, and not pleadable in any Court or Courts of Law or Equity in the said Island, or elsewhere: Provided such Deed or Conveyance should be made in the said Island of Grenada or the Grenadines : but if such Deed or Conveyance should be made and executed in any of the neighbouring Islands, other than the Islands aforesaid, then the same shall be recorded in three months; and if in North America, within six months; and if in the Island of Jamaica or any part of Europe, within twelve months after the making and executing thereof; and if the same was not recorded in the time aforesaid, it shall be utterly void, to all intents, constructions, and purposes whatsoever, and not pleadable in any Court or Courts whatsoever of Law or Equity in these Islands, or elsewhere: And whereas the making Deeds void between Parties, where no subsequent Purchaser or Mortgagee is affected, will be the means whereby such Persons as are ill-disposed will have it in their power to commit frauds; Be it, therefore enacted, by your Majesty's most dutiful, loyal, and obedient Subjects, the Commander in Chief of the Southern Charibbee Islands of Grenada and the Grenadines, Dominica, St. Vincent, and Tobago, the Honourable the Members of His Majesty's Council and the General Assembly of these your Islands of Grenada and the Grenadines: And it is hereby enacted, by the Authority of the same, That from, and immediately after the publication of this Act, all Deeds and ConveyDeeds and Conveyances which shall be made and executed in the said ances executed in Island of Grenada* and the Grenadines, in the presence of one or more nesses, may be reWitness or Witnesses, whereby any Lands, Tenements, or Hereditaments gistered shall or may be in any way affected, either in Law or Equity, shall or may Deeds and Conveybe registered at any time after the executing and making any such Deed ances executed afor Conveyance; any thing in the said Act contained to the contrary of this Act to be thereof in anywise notwithstanding, in such manner as is hereafter directed. judged fraudulent And that every such Deed or Conveyance that shall, at any time after the purchasers, unless publication of this Act, be made and executed, shall be judged fraudulent the deed under and void against any such subsequent Purchaser or Mortgagee, for valuable which such subseconsideration, unless such Deed be thereof registered before the registering claims. of the Deed or Conveyance under which such subsequent Purchaser or Mortgagee shall claim. Clause I. presence of Wit Time. at any ter the Publication against subsequent registered before quent purchaser Deeds or Convey Islands, and not re Three And be it further enacted by the Authority aforesaid, That such Deeds Clause II. or Conveyances as shall be made and executed in any of the neighbouring ances executed in Islands, other than the Islands aforesaid, and shall not be recorded in three the neighbouring months; and if in North America, within six months; and if in the Island corded in of Jamaica, or any part of Europe, within twelve months after the making America 6 Months; and executing thereof, shall be void only against subsequent Purchasers in Jamaica or Euand Mortgagees for valuable consideration; any thing in the said Act contained to the contrary thereof, in anywise notwithstanding. And whereas, several Persons have omitted, through sickness or other accidents, to enter in the Register's office of this Island, in order to be recorded, divers Deeds or Instruments of Writing, within the time limited by the said recited Register's Act, by which neglect or omission the validity of many Deeds or Instruments of Writing, made and executed bona fide and without fraud, and necessary for the settlement of Families, may be *See No. XXIV. Clause XXXVIII. as to Deeds made off the Island, and concerning Lands, or Tenements. Months; in North void only against ropeTwelve Months, subsequent Purcha- |