Clause III. bona fide, deemed valid; except against subsequent brought into dispute, to the great prejudice of Persons and Families interDeeds, &c. executed ested in the said Deeds and Instruments of Writing, Be it enacted by the Authority aforesaid, That all such Deeds and Instruments of Writing exMortgagee by Deed ecuted bona fide and without fraud, shall be deemed valid, to all intents registered within and purposes, except against any subsequent Mortgagee or Purchaser by Deed, registered within the limits prescribed by the said Act. the Limit prescribed. No. VIII. Preamble. Clause I. An Act against the unlawful practising of pretended Surgeons and Doctors. [April 3, 1770.] FORASMUCH as divers Persons coming to this Island from all Parts of His Majesty's Dominions, as well as from the neighbouring French Islands, who are necessitated to take upon them, to be of some Profession or other, the better to gain a Livelihood and Subsistence; and amongst others many pretend to be Surgeons and Apothecaries, both which Professions none can attain to but by great Experience and Labour, Care and Study; yet, under that Denomination and Title, will take upon them to practise and administer both internally and externally, which, through their Ignorance and Unskilfulness, oftentimes proves fatal and destructive to the Patients, and the said Persons under that pretence, seek to evade serving in various Public Offices; which to prevent and remedy for the Future. Be it enacted, and it is hereby enacted, By the Governor and 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 of Grenada and the Grenadines, and the General AssemNo Person to prac- bly of the same, that, from and after the Publication of this Act, no Person tise Physic, after the Publication of Or Persons whatsoever, who shall hereafter happen to arrive on this Island, this Act, without shall take upon him or them to practise or administer Physic, either exterfrom the Governor. nally or internally, for Fee, Present, or Reward, under such pretence or Title, until such Person or Persons, have first been with the Governor or Governors for the Time being, and obtained a Licence to practise in this Island, in the Profession aforesaid. obtaining a Licence Clause II. Person to practise or Doctors. Unless duce a Certificate of Practice. And be it further enacted by the Authority aforesaid, That neither the rized to licence any Governor that now is, or any hereafter for the Time being, shall authorise as aforesaid, until or licence any such Person or Persons to practise as aforesaid, until he or examined by Two they shall have been examined by Two able and skilful Chirurgeons and skilful Chirurgeons, Doctors (to be nominated by the Commander-in-Chief for the time being) such Persons pro- touching his or their Skill, Knowledge, and Judgment, in the said Professions, from Surgeon's Hall, or either of them, who shall well approve and allow of the same, before such any University, or Licence and Toleration shall be granted as aforesaid, unless the said Person able Physicians of their being capable or Persons, so desiring Liberty to practise, shall produce a Certificate from the Surgeons-Hall in London or a Certificate from any University, or able Physician of any of His Majesty's Kingdoms, for his being admitted and allowed of that Society and Company, and approved by them, capable of such Practice. And if any such Person or Persons whatsoever shall, after Persons practising One Month from the Publication of this Act, practise and administer Physic, Physic after One either externally or internally, to any Person of this Island, without such Publication of this Licence and Toleration from the Governor, upon the Examination had as cence, to forfeit for aforesaid, and being duly convicted thereof by Two sufficient Witnesses the first Offence, before Two Justices of the Peace, shall for the first Offence, forfeit and pay Two Hundred Pounds Current Money, to be levied upon his or their Estate, both real and personal, by Warrant to the Provost Marshal, in the Nature of fieri facias, from Two Justices of the Peace; half of the said Fine to be given to the Person informing of his or their practice, the Remainder to be paid to the Treasurer of these Islands, for the Public Uses thereof. In Case Month from the Act, without Li £200. prisoned 3 Months, or the said Person or Persons so practising without Licence or Toleration, and being duly convicted thereof, as aforesaid, shall prove poor and indigent, and not have wherewithal to make good the said Two Hundred Pounds, then Persons offending, the Person so offending, shall suffer Three Months close Imprisonment, and proved to be without Bail or Mainprize, and so for every Offence committed contrary to and not able to pay poor and indigent the Tenor and True Intent and Meaning of this Act, upon due Conviction said £200 to be imas aforesaid; Saving always excepted, from the Penalty of this Act, all such without Bail as shall administer Physic either externally or internally, to their Servants Mainprize. belonging or bona fide appertaining to themselves, or as Attornies, Agents, or Overseers for others that are absent, or shall for Charity-sake do it for any poor, indigent Person: Or any Chirurgeon or Chirurgeons, coming hither in any Ship or Ships who, in Case of Necessity, shall, upon the Persons arriving earnest Request and Persuasion of any sick or wounded Person, administer cessity, may admias aforesaid during the Time of the said Ship or Ships being here, and no long as the Ship longer: Any Law, Custom or Usage to the contrary notwithstanding. stays and no longer. And be it enacted, by the Authority aforesaid, that if any Surgeon or Clause III. Doctor, that shall be nominated and appointed to examine any Person or nominated to exaPersons, shall refuse to examine such Person or Persons, he shall pay and mine any Person, forfeit the Sum of One Hundred Pounds, to be recovered and appropriated, feit the sum of as is herein before mentioned. here in Cases of Ne nister Physic as Surgeon or Doctor on Refusal, to for £100. No. IX. 22. 39. An Act for the Preservation of the Harbour and Bay of ST. Vide Acts, 40. 69. 98. WHEREAS great Damage hath been done to the Harbour and Bay of St. Preamble. £200 Penalty on sels sunk in the Harbour, and per more than 14 Days, Be it therefore enacted, by the Commander-in-Chief and the Council Clause I. and Assembly of Grenada and the Grenadines, That if any Ship, Vessel, Owners, &c. of VesLighter, Boat, or other Craft, that hereafter may sink or be sunk, or permitted to sink in the said Harbour, shall be suffered to remain sunk therein mitting them to refor the space or term of Fourteen days (unless good Cause is shewn to the main sunk therein Harbour-Master, who, in that Case may grant any longer Time, not exceed- unless, upon good ing One Month from such sinking) the Owner or Owners, or Master or Harbour Master Masters, or other Person or Persons, acting as Owner or Owners, or Master shall grant a longer or Masters, or last having the Command or Charge of such Ship, Vessel, ing One Month. Lighter, Boat or other Craft, before the sinking thereof, as aforesaid, shall forfeit the Sum of Two Hundred Pounds Currency, to be recovered in manner as hereinafter directed. Cause shewn, the Time, not exceed Bottoms of Vessels Shipping, but to be as the Harbour And be it enacted by the Authority aforesaid, That it shall not be lawful Clause II. to burn the Bottom of any Ship, Vessel, Lighter, or other Craft, in any not to be burned in Tier of Ships in the said Harbour, but the Master of every Ship, Vessel, the Tier among the Lighter, or other Craft, who shall find it necessary hereafter to burn the hauled out and Bottom of any such Ship, Vessel, Lighter, or other Craft, in the said burned in such Place Harbour, is hereby required and directed to haul the same out of the Tier Master shall direct, to such part of the Harbour as the Harbour-Master shall appoint where the under a Penalty of safety of any other Ship or Vessel therein shall not be endangered thereby mages to the Party and that all Masters or Owners, or other Persons, acting as Masters, or Owners of Ships, Vessels, Lighters, or other Craft, who shall hereafter £200, besides Da injured. Clause III. choak up or encum how to be fined. Sand or Shingle of the Shore or Beach. tained. presume to burn, or suffer the Bottom of any Ship, Vessel, Lighter, or other Craft, to be burnt in any Tier of Ships, or otherways than as directed by the Harbour-Master as aforesaid, shall, for every such Offence, forfeit and pay the like Sum of Two Hundred Pounds Currency, over and above such Damages as the Offender or Offenders may be liable to at the Suit of the Party injured. And be it further enacted, That, if at any Time from and after the Masters or Owners Publication of this Act, any Master or Owner, or any Person acting as of Vessels, or others, Master or Owner of any Ship, Vessel, Lighter, Boat, or other Craft whatthrowing Ballast, Rubbish, or any soever, being or riding in the said Harbour or Bay, shall throw overboard Thing tending to any Ballast, Rubbish, Gravel, Earth, Stone, Wreck, or any other thing ber the Harbour, whatsoever, whereby the said Harbour or Bay may be choaked up or encumbered, or if any Person or Persons, by any other means whatsoever, either from on Board of any Ship, Vessel, Lighter, Boat, or other Craft, as aforesaid, or from the Shore, shall do any Thing tending to choak up Ballast not to be or encumber the said Harbour and Bay, or shall throw any Ballast or taken from any Part Rubbish, as aforesaid, but only upon Land at least Eight Feet above High-water Mark, or take off any Sand or Shingle Ballast from any Part of the Shore or Beach of the said Harbour and Bay (which Bay is and shall Limits of the Har- be deemed and taken to extend from the Mouth of the River to the South bour and Bay ascer- Point of the Harbour, known by the Name of Monckton's Redoubt) it Vide Act, No. 69. shall and may be lawful for any Two or more Justices of the Peace for the said Island of Grenada, upon Information and Complaint thereof made, and they are hereby authorised and required to summon and issue out their Warrant and Warrants to apprehend and bring before them the Master or Masters, Owner or Owners, or other Person or Persons acting as Master or Masters, Owner or Owners of any such Ship, Vessel, Boat, Lighter, or other Craft, or any other Person or Persons, as aforesaid, against whom such Complaint or Information shall be made or given, and, upon his, her, or their Appearance or Default, to proceed to examine the Matter of Fact, and upon due Proof thereof made, either by the Confession of the Party offending or in view of such Justices, or upon the Oath or Oaths of One or more credible Witness or Witnesses (which Oaths they are hereby required and impowered to administer) that any Ballast, Rubbish, Earth, Stone, Wreck, or other Filth whatsoever, as aforesaid, had been thrown, cast, unladen, or put into the said Harbour, or within Eight Feet of High-water Mark, or any Thing done tending to choak up or incumber the said Harbour, Penalty inflicted on the Person or Persons guilty thereof, either from the Shore or from on Board of any Ship, Vessel, Boat, Lighter, or other Craft, and the Master or Masters, Owner or Owners thereof, shall be adjudged, and he, she, or they, shall be and are hereby declared Offender or Offenders against this Act, and he, she, or they, being by such Justices, or any of the Ways and Means aforesaid, thereof convicted, shall forfeit and pay, for every such Offence, any Sum not exceeding the Sum of Thirty Pounds, nor under Five Pounds Current Money of the said Island of Grenada, at the Discretion of such Justices. Persons offending against the Act. the Harbour and ished. Clause IV. And be it further enacted by the Authority aforesaid, That if any PerPersons throwing any Human Body or Son or Persons whatsoever shall throw, or cause to be thrown, any Human Dead Carcass into Body, or the Dead Carcass of any Horse, Mule, Ox, Ass, Camel, Sheep, Bay, how to be pun- or Hog, from on Board of any Ship, Vessel, Lighter, Boat, or other Craft, or from the Shore into the said Harbour or Bay, the Offender or Offenders, shall, on Conviction as aforesaid, forfeit the Sum of Ten Pounds for every such Offence, which Offence shall also be cognizable and triable before any Two Justices of the Peace for the said Island, who are hereby authorized and required to proceed to such Conviction in Manner herein before directed in Cases cognizable by them: Provided, nevertheless, and it is hereby declared, that the Masters of every Ship, Vessel, Boat, Lighter, or other Craft, from on Board of which any such Dead Body or Carcass shall be thrown, be deemed and taken to be the Offender within the Meaning of this Act, and shall be solely liable to answer for such Offence. Vessels to moor of the least Hin the Entrance of the than 12 Hours. Anchors how to be And be it further enacted by the Authority aforesaid, That all Masters Clause V. of Ships or other Vessels hereafter to be moored in the said Harbour, or and anchor in the anchored in the said Bay, shall moor and anchor in the same, so as to be Harbour so as to be the least Hindrance to Ships and Vessels before in Port, in discharging drance to those in or loading their Cargoes, and so as not to overlay any Cable or Sternfast, Port before them. or to occasion any other Damage to the said Ships or Vessels in Port as aforesaid, or to endanger them in their respective Berths: and that no Ship or Vessel shall lie in the Entrance of the said Harbour, or ride at a single No Vessel to lie in Anchor more than Twelve Hours; and that all Masters of Ships and Ves- Harbour, or ride at sels, now lying, or hereafter to be moored or anchored in the said Harbour single Anchor more or Bay, shall rig in their Jib-booms, Spritsail-yards, and Ringtail-booms, Jib-booms, &c., how in such Manner as not to obstruct or hinder Droghers or other small Ves- to be rigged in, and sels working up the Harbour, and shall stow their Anchors in such Manner stowed. as not to injure or endanger other Vessels riding in the said Harbour or Bay, under the Penalty of Twenty Pounds Currency for each Offence, (over £20 Penalty over and above such Damages as the Offender or Offenders may be liable to, at to be recovered in the Suit of the Party injured) to be recovered from the Offender or Offen- any Court of Law. ders, who shall be convicted thereof before any Two Justices of the Peace for the said Island, in Manner aforesaid, who are hereby authorized and required to proceed as herein before directed, in Cases cognizable by them; Masters of Vessels and that all Disputes, between Masters of Ships or other Vessels, concern to be determined by ing their Berths, shall be determined by the said Harbour-Master, who is the Harbour-Mashereby fully empowered and required to hear and determine the same; and Masters of Vessels also to cause the Masters or Owners of all such other Ships or Vessels, or to remove their Vesother Craft, who may have anchored in an inconvenient or improper Place of the Harbour or Bay, to remove to such Berths as he shall point out; and such Master or Owner as shall not comply therewith, shall, for such £5Penalty for every Refusal or Neglect, forfeit and pay Five Pounds Current Money, to be re- Neglect or Refusal covered in such summary Manner as is herein after directed. and above Damages, Disputes between about their Berths ter. sels to such Berths as the HarbourMaster shall point out. to comply with the same. One Moiety of the er, and the other bour-Master. rected to sue for the same. Fines are to be sued Clause 6. And be it further enacted by the Authority aforesaid, That One Moiety Clause VI. of all the Penalties inflicted or incurred by this Act, shall be to the King's Fines to be paid to Majesty, His Heirs and Successors, to be paid into the Hands of the Public the Public TreasurTreasurer of the said Island of Grenada, for the Public Uses thereof, subject Moiety to the Harto the Appropriations made by this Act, or such other Appropriations as shall from Time to Time be made of the same, by any subsequent Act or Acts of these Islands, and the other Moiety to the Harbour-Master, who Harbour-Master diis hereby authorized and strictly required to sue for the same, to be recovered in Manner hereinafter mentioned; that is to say, such of the said Penalties as shall exceed the Sum of Thirty Pounds to be recovered and sued for, by any Action or Suit, in any of His Majesty's Courts of Record In what Manner the in the said Island of Grenada, wherein no Essoin, Protection, or Wager of for. Law, shall be allowed; and such of the said Penalties as shall not exceed Vide Act, No. 19, the Sum of Thirty Pounds, shall be recovered and levied by Distress and Sale, either of the Goods and Chattels of the Person or Persons so convicted, respectively as aforesaid, or of the Ship, Lighter, Boat, or other Vessel, or of their Tackle, Apparel, or Furniture (by Warrant or Warrants under the Hands and Seals of such Justices, and which he or they are hereby empowered and required, on such Conviction as aforesaid, to make, unless within Three Days after such Conviction, if the said Penalty shall be above the Sum of Fifteen Pounds, and not exceeding Thirty Pounds as aforesaid, such Person or Persons shall enter, with Two sufficient Sureties, into Recognizance in the Office of the Provost-Marshal for the Payment of the said Penalty within Three Months after the Date of the same, which Recognizance shall be upon the same Condition as Recognizances [under] an Act, intitled, "An Act for re-establishing Courts of Common Pleas, "Error, King's Bench, and Grand Sessions, and for the compelling the Specific Performance of Money Contracts, and an equitable Performance 86 "of other Contracts, and for the better Regulating and Settling due Methods for the Administration of Justice, and limiting a Time for executing Executions out of the Court of Chancery and other Courts "of this Island, and for the more effectual Support of Credit," andto direct the same to the Provost-Marshal, or his lawful Deputy, and which Warrants, the said Provost-Marshal, or his lawful Deputy, is hereby required to execute) together with the Charges of such Distress and Sale, rendering the overplus, if any be, after Demand in writing to the respective Owners On Default of suf- thereof; and for Want of sufficient Distress, the said Justices are hereby pay the Fine, the impowered and required to commit such Master or Masters, or Person or Offender to be com- Persons, so convicted as aforesaid, to the Common Goal of the said Town ficient Effects to mitted to Gaol. Preamble. Clause VII. or other Transient against this Act, to the same. in the Nature of a dendum. of St. George, there to remain till Payment shall be made of the Penalties and Forfeitures, or so much thereof as for the Non-payment of which such Commitment shall be, unless the Offender or Offenders shall be sooner discharged, by Order of the Justices at some ensuing Court of King's Bench and Grand Sessions. And whereas it may frequently happen that Masters of Vessels or other transient Persons, offending against this Act, may leave the Island before such of the said Offences as are made triable in Courts of Record can, by the ordinary Practice of such Courts, be heard and determined, and thereby escape with Impunity, unless Provision be made to hinder the same. Be it therefore enacted by the Authority aforesaid, That in all Cases by Masters of Vessels Virtue of this Act, triable in any Court of Record upon Affidavit made of Persons offending the Offence committed, taken before the Chief Justice or any other Judge give Bail for their of the Court where the Offence is intended to be tried (which affidavit shall Appearance to try be filed with the proper Officer of such Court) a Warrant of Arrest, in the Upon Affidavit filed Nature of a Capias ad Respondendum, shall and may issue, as the first proa Warrant to issue cess against the Offender or Offenders, directed to the Provost-Marshal or Capias ad Respon his lawful Deputy; and such Offender or Offenders shall be obliged to give good and sufficient Security to the Provost-Marshal, or his lawful Deputy, by Bond in double the Penalty inflicted by this Act for such Offence, to appear in the Court out of which such Warrant of Arrest shall issue, at the Day of the Return of such Warrant, to answer such Suit and Prosecution, and shall likewise, at the Time of such Appearance, give sufficient Bail or Security in the said Court to answer and pay all the Forfeitures and Penalties incurred for such Offence or Offences; in case he, she, or they shall be convicted thereof, or yield his, her or their Bodies to Prison: ProAlthough the Party vided, nevertheless, That if such Offender or Offenders shall be absent from turn of the Writ, this Island at the Return of the Warrant of Arrest, it shall not be necessary the Bail-Bond not for him, her, or them, to join in the Security to be given in Court, nor vided sufficient Se- shall the Bond given to the Provost-Marshal, or his Deputy, be on that curity be given for Account forfeited, provided sufficient Security be given in Court at the RePenalties and Costs turn of the Warrant to answer, on Conviction, the Penalties incurred for such Offence or Offences: Provided always, that nothing in this Act conWashing out of tained shall be construed to make the Ordinary Washing or Cleaning out of Wharfs not constru- any Ship, Vessel, Lighter, Boat, or other Craft, in the said Harbour, or the in the Meaning of Erecting or Making of any Wharf or Careening Place along the Sides of this Act, provided the said Harbour, an Offence within the Meaning of this Act, provided no age be done thereby. apparent Damage be done thereby to the said Harbour, and provided such Wharf or Careening Place be built by the Permission and according to such Directions as shall be given touching the same by the Harbour-Master of the said Harbour for the time being, under the Authority of the Commissioners to be appointed as hereinafter mentioned. be absent at the Re to be forfeited pro the Payment of the of Suit. Vessels or making ed an Offence with no apparent Dam Clause VIII. be Chief. And be it further enacted by the Authority aforesaid, that a Harbourappointed by Master shall be appointed by the Commander-in-Chief to see this Act carried the Commander-in- into execution; and the said Harbour-Master for the Time being shall be, and is hereby ordered and directed Twice every Week, or oftener if necessary, or if he shall be thereto required by any of the Commissioners to be appointed in Manner hereinafter mentioned, by himself or by some other |