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17th Geo. II.
A. D. 1743-4.
Order for building an.
Tract belonging to Thomas
No. 197. An Act to invest a certain Tract of Land at English Har
bour, belonging to Thomas Bodkin of the Kingdom of Ireland, in His Majesty, His Heirs and Successors, for certain publick Uses; and for appraising and valuing the
same, and paying the Owner thereof. W
HEREAS the Wharf, Stores, Magazines, Cisterns, and other Advantages af Buildings at English Harbour, for the careening, fitting, and preserving English Har- His Majesty's Ships of War, have been very advantageous to the
Leeward Islands, and more particularly to this His Majesty's Island
II. And whereas His Most Sacred Majesty hath been graciously other Wharf. pleased to order the building of another Wharf, Stores, and other
Conveniences at the said Harbour, for the more convenient careening and repairing His said Ships of War; which will be of very great Advantage to the Trade to the Lecward Islands, and will be a Means to deter our Enemies from attempting to invade this Island :
III. And whereas it appears to us that there is a Tract of Land Budkin proper adjoining on the said Harbour, and near the Place where the said for the Pur- Wharf is intended to be built, which will be very convenient for
building of Store-houses and other Houses for His Majesty's Use, and for fixing some poor White Persons on, as herein after directed; which Land belongs to one Thomas Bodkin, formerly of this Island, but now of the Kingdom of Ireland, and is bounded East by the said Harbour, South by the Sea, West by the Land of John Taylor, and Land late of William Bawn, North by the Land late of Thomas Nanton, or however otherwise butted and bounded ;
IV. We therefore Your Majesty's most dutiful, loyal, and obedient after Valua. Subjects, the Captain General and Governor in Chief of all Your tj. n. Sobe Majesty's Leeward Caribbee Islands in America, and the Council vested in His and Assembly of this Your Majesty's Island Antigua, most humMajesty.
bly pray. Your Most Şacred Majesty, that it may be enacted and ordained, and be it, and it is hereby enacted and ordained, by the Authority aforesaid, That as soon as a just and conscionable Value shall be settled on the said Tract of Land, as herein after directed, that then, and for ever after, the same shall belong to His Majesty, His Heirs and Successors, (any Gift, Grant, or Conveyance thereof to the contrary notwithstanding) for the Purposes herein after-mentioned.
Act. Said Tract,
surer to do it.
17th Geo. II.
A. D. 1743-4. V. And for the equitable adjusting and settling the Value to be Said Land to paid the Owner or Proprietor of the said Land, be it, and it is hereby four Freehold enacted and ordained by the Authority aforesaid, That, within ten eis. Days after the Publication of this Act, four honest, substantial, and indifferent Freeholders of this Island ; two whereof to be nominated by the Treasurer of this Island, and two by the Owner or Proprietor of the said Land; and in case of his Absence from this Island, then the said two Appraisers to be nominated by the Attorney or Attornies of the said Owner or Proprietor ; after being sworn by the said Treasurer (which he is hereby impowered to do) well and truly to value and appraise the said Land, according to the best of their Judgments and Consciences ; shall value and appraise the same, and shall make Return thereof, under their Hands and Seals, unto the Treasurer, within fourteen Days after their being so nominated and Return of Vasworn; which Return, so made, shall be unto the Treasurer a suffi
Treasurer, cient Warrant and Authority to pay the said Sum or Sums unto the Warrant for Person or Persons intitled to receive the same : And if the Owner Owner not apor Proprietor of the said Land, or the Attornies or Attorney of the pointing Apsaid Owner or Proprietor, shall refuse or neglect to nominate and appoint two Freeholders as aforesaid, that then it shall and may be lawful for the said Treasurer, within ten Days after the Expiration of the said forty Days, to nominate and appoint the whole four Appraisers ; whose Appraisement and Return shall be as conclusive and binding as if the same Appraisers had been nominated and appointed as before directed.
VI. And be it further enacted and ordained, That if the four If Appraisers Appraisers cannot agree in the Appraisement, they are hereby pire to be apauthorized and required to chuse an Umpire: And in case they cannot pointed. agree in the Election of an Umpire, within two Days after the Expiration of the fourteen Days appointed for the making their Return, the Treasurer shall appoint one; and the Return of the said Umpire so elected, to be made under his Hand and Seal, within fourteen Days after such Election, shall be as good and valid, to all Intents and Purposes, as if the same had been inade by the four Appraisers : And if any Person, being nominated, appointed, or elected to be an Appraisers or Appraiser, or Umpire, shall refuse or neglect to act and do as herein Umpire not
acting, to for. respectively directed, shall forfeit the Sum of twenty Pounds, current feit 201. Money of this Island, to the Use of His Majesty, His Heirs and Successors, for the Benefit of the Publick of this Island, to be recovered in a summary Way, before any two Justices of the Peace, who, in Case of Difference in Opinion, shall call to their Assistance a third VOL. I.
obeying Act, to forfeit 201.
Five Acres of said Land to
17th Geo. II.
A. D. 1743-4. Conyicted, Justice to determine it ; and upon any Person or Persons being conand Hinte, as a victed before the said Justices of such Neglect or Refusal, and not be committed. immediately paying down the said Fine of twenty Pounds, he or they
shall be committed by the said Justices unto the Common Gaol of
this Island; there to remain, without Bail or Mainprize, until PayTreasurer dis- ment thereof: And if the Treasurer for the Time being shall refuse
or neglect duly to execute what by this Act he is impowered or
VII. And be it further enacted and ordained, That out of the be vested in said Tract of Land, five Acres, to be chosen, within thirty Days after His Majesty
the Return of the Appraisement, by the Commander in Chief for mentioned in the Time being, shall be vested in His Majesty, His Heirs and
Successors, for erecting thereon the Buildings and other Works
Assembly of this Island, in the same Manner, and under the same
VIII. Provided always, That ten Acres of the said remaining terns forfeit- Land nearest to the Cisterns, when granted, shall at all Times be able, if Pos. forfeitable, unless the possessor of it shall take due and constant Care, as far as in him lies, that no Damage be done by any
Person to the said Cisterns; and upon Proof of his neglecting so to do, the same ten Acres may be granted away to any other Person for ever, subject tobe forfeited upon Proof of like Neglect.
Ten Acres nearest Cis.
. sary to Damage of Cisterns.
Dated in the Town of St. John, the twenty-third Day of January, one thousand seven hundred and forty-three, and in the seventeenth Year of the Reign of our Sovereign Lord GEORGE the Second, by the Grace of God of Great Britain, France, and Ireland, King, De fender of the Faith, &c.
17th Geo. II.
A. D. 1743-4.
Dep. CI. Council.
Past the Chief Governor the twenty-third of January, one thousand seven hundred and forty-three-four.
An Act supplementary to an Act, intituled, An Act for No. 198.
the better Regulation and Settlement of the Re- by Act of 8th gister's Office of the Island of Antigua, dated the (No. 275.
) third Day of November, one thousand six hundred Scolar No and ninety-eight; and for altering and amending the begister Actor said Act.
the Leeward Islands, No. 32, relating incidentally to Registry.
WHEREAS in the said Act, intituled, An Act for the better Re- PREAMBLE. gulation and Settlement of the Register's Office, there is no Provision for No Provision making void parole Conveyances of Slaves, or to compel the Acknow- for registering ledging and Recording of written Conveyances of Slaves in the Re- Conveyances gister's Office of this Island, or any other Publick Office of this Island :
II. And whereas the Fortunes and Estates of most of the Inhabitants in this Island consist chiefly of Slaves, which are daily transferred from one Person to another, by Parole, or by Conveyances in Writing, not acknowledged and recorded ; so that Disputes often arise touching the Titles of Slaves, and Purchasers and Creditors incur and receive great Loss and Prejudice, by reason of fraudulent and covenous Conveyances, Sales, Gifts, Grants, and other Assurances of Slaves ;
III. For Remedy of which Inconveniences, and for the better establishing Titles to Slaves, we Your Majesty's most loyal, dutiful, and obedient Subjects, the Governor in Chief of all Your Majesty's Leeward Caribbee Islands in America, and the Council and Assembly of the said Island of Antigua, most humbly pray Your P p 2
in $. 4.
19th Geo. II.
A. D. 1746. Most Excellent Majesty, that it may be enacted and ordained ; and
it is hereby enacted and ordained, That from and after the Date of Slaves not of this Act, all Bargains, Sales, Gifts, Grants, Mortgages, Conveyand acknow- ances, or other Assurances, of what Nature or Kind soever (Wills ledged by only excepted) of any Slave or Slaves, shall be absolutely void, to all Vender before
Intents and Purposes whatsoever, both in Law and Equity, unless 20 Days from the same be in Writing, and acknowledged by the Vender, Donor,
or other Person or Persons conveying the same, or by some Person or See Exception Persons thereunto lawfully authorized, by Writing before the Register
of Deeds of this Island, or his lawful Deputy, and also entered and registered in the Register's Office of this Island, together with such Acknowledgment, within twenty Days next after the Date of such Bargains, Sales, Gifts, Grants, Mortgages, Conveyances, or other Assurances; such Acknowledgment to be written thereon by the Register, or his Deputy, with the Day of the Month and Year when acknowledged, in Words at Length, and signed by the said Register,
or his Deputy. Conveyances IV. Provided always, That if any Bargains, Sales, Gifts, Grants, cuted out of Mortgages, Conveyances, or other Assurances whatsoever, of any Antigua büt
Slave or Slaves, shall hereafter be executed by any Person or Persons
off this Island, and Proof of the Execution thereof, made in Manner Islands, re.
herein after-mentioned, and the same, with such Proof thereof, Year; andsuch recorded in the Register's Office of this Island, within the Time hereexecuted out of after limited; that is to say, within twelve Calendar Months next the Leeward after the Date thereof, in the same are executed in any of the Leecorded in two ward Islands; and if executed in Europe, or any other Country or Years; to be Place whatsoever, within two Years next after the Date thereof;
such Bargains, Sales, Gifts, Grants, Mortgages, Conveyances, or other Assurances, shall be good and effectual; any Thing in this Act contained to the contrary notwithstanding.
V. And be it further enacted, by the Authority aforesaid, That the Proof of the Execution of all Bargains, Sales, Gifts, Grants, Mortgages, Conveyances, or other Assurances whatsoever, of any Slave or Slaves, which shall be executed off this Island, shall be by Oath in Writing of any one of the Witnesses thereto, before the Person who shall be in Chief Command in this Island, or before any one of the Judges of the Common Pleas for the said Island, or before the Register of the said Island, or his lawful Deputy; which said Oath shall be indorsed on the Back of such Bargain, Sale, Gift, Grant, Mortgage, Conveyance, or other Assurances, and subscribed by such Witness.
within the Leeward
corded in a
See No. 270,