JAMAICA.-AN ACT to remove certain Disabilities of Persons of Free Con

dition.-(13th February 1830.) WHEREAS it is expedient to grant additional privileges to coloured and Preamble. black persons of free condition : May it please your

most excellent Majesty, that it may be enacted: Be it therefore enacted, by the Governor, Council and Assembly of this your Majesty's Island of Jamaica, and it is hereby enacted and ordained by the authority of the same, That all such persons of free condition, Persons of Free whether lawfully manumitted or being the free-born subjects of His Majesty, shall, Condition after the from and after the first day of August next, be permitted to vote at any election first day of August for any person to serve in the Assemblies of this Island, provided he possess an vote for election of estate of freehold in a house in any of the towns of this Island, such house being Members of of the actual annual value of one hundred pounds, and so assessed or rated in the Assembly. parish books for at least twelve calendar months immediately antecedent to such Proviso. election, and who is in the actual possession of such premises, by himself, agent or tenant, on the day of election, or else shall possess an estate of freehold in land and premises, out of such towns but in such parish where such election shall be held, of the actual annual value of fifty pounds; and provided that the person Proviso. claiming to vote thereon shall have been assessed in and actually have paid, within twelve calendar months next before the day of such election, the sum of ten pounds for all taxes and assessments imposed on any account whatsoever, or else be pos. sessed of a rent-charge or annual sum of the real and true value of one hundred pounds per annum (arising, issuing and payable out of messuages, lands and tene. ments in such parish, city or town), on which such messuages, lands and tenements there have been, and are, negroes or stock liable to be taxed, for twelve calendar months before the day of election ; provided that the messuage, lands and tene- Proviso. ments out of which such rent-charge or annual sum arises, have paid or were liable to pay, taxes for twelve calendar months as aforesaid.

2. Provided always, and be it further enacted, by the authority aforesaid, that No person in arrear no person shall be admitted to vote under this Act who is in arrear for his taxes, for Taxes, or a whether public or parochial, or who has, within twelve calendar months next pre- mitied' to vote. vious to the day of election, received parochial relief as a pauper.

3. And be it further enacted, by the authority aforesaid, that no freeholder Freeholds must be
shall be admitted to vote upon any freehold under this Act unless his title to such recorded twelve
freehold be by title recorded in the Secretary's-office of this Island for twelve months previous to
calendar months next before the day of such eléctions, and that every such free day of elections.
hold shall have been also recorded in a book provided for the purpose by the clerk
of the vestry of every such parish in this Island where such freeholder shall give
his vote for the space of three calendar months next before the election, such
record in the Secretary's-office and also in that of the clerk of the vestry to be in
the name of every such freeholder, or in the name or names of him, her or them
under whom by descent, devise or marriage such freehold is claimed.

4. And be it further enacted, by the authority aforesaid, that no person Freeholders by
claiming by devise, descent or marriage shall be abridged from his or their right devise, descent or
of voting in case the person or persons under whom he or they claim shall have marriage, may,
been in the actual possession of such respective freehold twelve calendar months vote, if freeholds

recorded, &c.
as aforesaid, and that the title of such respective freehold hath been recorded in
the Secretary’s-office of this Island for the term of twelve calendar months, and
also that it hath been recorded in the vestry books three calendar months,
next preceding the day of electing members to serve as representatives in the
Assembly.

5. Provided always, and be it further enacted, that not more than one per- Only one Person to
son do vote on the same estate of freehold in the same premises, unless each, as vote on a Freehold.
to his portion, be individually qualified as before mentioned.

6. And be it further enacted, by the authority aforesaid, that upon any elec. Voters, if required, tion for any member to serve in the Assembly of this Island every freeholder must attest their claiming to vote under this Act, if required by a candidate, or any

other

person having a right to vote at such election, before he is admitted to poli

, shall declare the nature of his freehold or other qualification on which he is to vote, and taking one of the following oaths according to the nature of the vote he is about to give :

Freebold.

Oath on a Freehold
in Towns.

Oath of voter on a freehold in the City of Kingston, or in any of the Towns.

1, A. B., do swear that I am a freeholder in my own, or my wife's, right,

or as trustee, or as mortgagee in possession, by title recorded in the “ Secretary's-office of this Island at least twelve calendar months before “ this election, realy and truly possessing, in the town of

(or “ city and parish of Kingston), a freehold in a house therein, and that my

estate of freehold in such house is of the actual annual value of “ one hundred pounds, and is so assessed or rated (by the common " council of this city, or by the justices and vestry of this parish), for “ at least twelve calendar months immediately antecedent to this day, " and that I am in the actual possession thereof, by myself or tenant, and “ that I am not in arrear for any taxes, public or parochial, whatsoever

, “ but have fully paid all such taxes which, up to this day, I was by law “ required to pay, and that my said freehold hath been in mine, or my “ tenant's, actual possession, or in possession of those under whom, by “ descent, devise or marriage, I claim, for twelve calendar months next “ before this day, and that my said freehold hath been entered in the " parish books in my own name, or in the name of those under whom, by “ descent, devise or marriage, I claim, three calendar months before this “ election, and that, without fraud or collusion, I, or those under whom,

by descent, devise or marriage, I claim, have been in the receipt of the “ rents and profits of the said freehold at the least for the said term of “ twelve calendar months next before this day; and that my said freehold “ hath not been given or granted to me fraudulently in order to split or " multiply votes at this election; and that I have not been polled before " at this election. So help me God.”

Oath on a Freehold Oath of a voter on a freehold not in the city of Kingston, and not in any of in the Country the towns of this Island.

o I, A. B., do swear that I am a freeholder in my own, or my wife's, right,

or as trustee, or as mortgagee in possession, by title recorded in the

Secretary’s-office of this Island at least twelve calendar months before “ this election, in the parish of

really and truly possessing a freehold in lands and premises in such parish, and not being in any “ of the towns of this Island, and that such lands and premises are of the « actual annual value of fifty pounds, and that I am not in arrear for any “ taxes, public or parochial

, whatsoever, but have fully paid all such “ taxes which, up to this day, I was by law required to pay; and the “ taxes which I have paid for the year immediately preceding this election “ amounted to not less than ten pounds, paid to the collecting constable “ of this parish ; and that my said freehold hath been and now is in " mine, or my tenant's, actual possession, or was in the possession of those “ under whom, by descent, devise or marriage, I claim, for twelve calendar 5 months next before this day; and that my said freehold hath been “ entered in the parish books in my own name, or in the name of those “ under whom, by descent, devise or marriage, I claim, three calendar “ months before this election; and the whole thereof hath been and is

subject and liable to be taxed and assessed by the justices and vestry “ of this parish, for twelve calendar months preceding this day as afore" said; and that, without fraud or collusion, I, or those under whom, by “ descent, devise or marriage, I claim, have been in the receipt of the rents “ and profits of the said freehold, to the value of fifty pounds per annum " at the least, for the said term of twelve calendar months next before this • day; and that my said freehold hath not been given or granted to me « fraudulently in order to split or multiply votes at this election, and that

“ I have not been polled before at this election. So help me God.”

Oath on Rentcharge: charge. “ I, A. B., do swear that I am a freeholder in my own, or my wife's, right

, “ really and truly, in the parish of

by title recorded in the “ Secretary's-office of this Island twelve calendar months before this

« election

Oath on Rent

« election, and that my said freehold consists of a rent-charge or annual

sum of the real and true value of one hundred pounds per annum, “ arising, issuing and payable out of messuages, lands or tenements now “ in the possession of

or his or their under“ tenants; and that there now are and have been on the said messuages, “ lands or tenements out of which my said rent-charge or annual sum

arises, negroes or stock which are or have been subject and liable to be

taxed and assessed for twelve calendar months next before this election, “ and that

my

said freehold hath been entered in the parish books in my own name three calendar months before this election, and that, without “ fraud or collusion I have been in the actual receipt of the rents and

profits of the said freehold, to the amount of one hundred pounds per

annum at the least, for the said term of twelve calendar months next
“ before this election; and that my said freehold hath not been given or

granted to me fraudulently in order to split or multiply votes at this
election, and that I have not been polled before at this election. So
help me God.”

Any of which oaths, according to the circumstances of the case, mutatis mutandis, the provost-marshal-general, or his lawful deputy, is hereby empowered and required to administer, and to note which of such oaths the voter takes; and Punishment for in case any person taking any one of the said oaths hereby appointed shall thereby swearing falsely. commit wilful and corrupt perjury, and shall be thereof convicted, he and they, for every such offence, shall incur the like pains and penalties as are, in and by the Acts of Parliament of that part of Great Britain called England, enacted against all such who shall commit wilful perjury, or suborn or procure any person to commit any unlawful or corrupt perjury; Provided always, Proviso : that if any voter be a professed Quaker, his affirmation instead of the said Quakers may oath shall be received, such Quaker having first likewise taken the affirmation affirm, having comappointed by an Act of Parliament, made in the first year of the reign of his late 1 Geo. 1. Majesty King George the First, intituled “ an Act for making perpetual an Act “ of the Seventh and Eighth years of his late Majesty King 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 the usual form, and “ 'for explaining and enforcing the said Act in relation to the payment of tithes “ and church-rates, and for appointing the form of an affirmation to be taken by “ 'said people called Quakers instead of the oath of abjuration.

7. And be it further enacted, by the authority aforesaid, that the provost- Returning Officer marshal, or any of his lawful deputies, taking the poll at any election for a not to vote until he

declares bis Frete member or members to serve in the Assembly of this Island, shall not vote at such election until he hath declared the nature of his right of voting, and shall

, if Oath, if required,

hold, and takes the required, take the oath applicable to his particular right of voting, as appointed which a Justice or by this Act, which oath any Justice of the Peace present at the poll

, or any one Candidate may
of the candidates at such elections, are hereby empowered to administer; and if administer.
the provost-marshal, or any of his deputies, taking such oath, shall swear falsely, Punishment if he

swears falsely.
and be thereof legally convicted, he shall incur the like pains and penalties as
are declared in and by the said Act of Parliament made in the fifth year of the
reign of the late Queen Elizabeth.

8. And be it further enacted, by the authority aforesaid, that no person or If Trustees or
persons claiming to vote under this Act shall have any right to vote in the elec- Mortgagees have

been in possession
tion of members to serve in the Assembly of this Island for or by reason of any twelve months,
trust estate or mortgage, unless such trustees or mortgagees shall have been in they may vote,
the actual possession of the rents, issues and profits of such estate for twelve otherwise Mort-
calendar months before the said election ; but the mortgagor or cestui que trust in sagors.
possession shall and may vote upon the said estate, notwithstanding such mortgage
or trust; provided always

, that the appointment of a mortgagor or mortgagee
owner or trustee to be Receiver of the Court of Chancery shall not effect his pre-
vious right of voting.

9. And be it further enacted, by the authority aforesaid, that no person under Minors must not the age of twenty-one years shall be admitted to poll at any election for members Soubied. it must be

The Oath;

66 the

Provisů.

qualified to vote for any benefit under this Act shall be enabled to fill any office which before the passing

to serve in the Assembly of this Island ; and if a candidate, or any person having a right to vote at the said election, shall require it, the person or persons suspected not to be of the age of twenty-one years shall be obliged to take the following oath:

I, A. B., do swear, that, to the best of my knowledge and belief, I am of

age of twenty-one years. So help me God.”
which Marshal
must administer,

Which oath the provost-marshal or his lawful deputy is hereby required and emunder Penalty.

powered to administer, under the penalty of five hundred pounds, to be recovered

and disposed of as aforesaid. If Marshal refuses 10. And be it further enacted, by the authority aforesaid, that the provostgood Votes, or ac- marshal or this Island, of his lawful deputy as aforesaid, wilfulfully and malicepts bad ones, he is to forfeit £.500.

ciously refusing to admit any person to vote who is so entitled under any of the provisions of this Act, or permiting any person to vote who is not duly qualified according to the true intent and meaning of this Act, and to poll at any election for a member or members to serve in the Assembly of this Island, the said

provostmarshal, or his lawful deputy, so offending, shall for every such offence forfeit the sum of five hundred pounds, one moiety of which to our Sovereign Lord the King, his heirs and successors, for and towards the support of the government of this Island, and the contingent charges thereof, and the other moiety to him or them who shall sue for the same, to be recovered, together with full costs out of purse, in the Supreme Court of Judicature of this Island, by action of debt, bill, plaint or information, wherein no essoin, wager of law or injunction, or non vult ulterius prosequi, shall be granted or allowed, any law custom, or usage to the contrary notwithstanding: Provided, that if upon the trial of any such action the plaintiff should not obtain a verdict, the clerk of the Supreme Court shall, if the Court shall certify the said suit to have been frivolous or vexatious, thereupon tax the full costs out of purse of the defendant or defendants in such action, in the same manner as is now done in cases of costs of increase, which said costs shall be recovered in like manner as other costs are now by law recovered by writs of

execution and venditioni erponas. The Provisions,

11. And be it further enacted and declared, that all and singular other the Regulations, &c. in

provisions, regulations, conditions and qualifications, penalties and punishments, Island to regulate contained in any Acts of this Island in force, or hereafter to be in force, to regulate Elections extended elections of members of Assembly, and not otherwise provided for by this Act, to Voters under

shall extend to such persons of free condition as are hereby declared to be entitled this Act, except as respects the value of to yote, except so far as respects the value and amount of their freeholds, as fully their Fretholds. and effectually, to all intents and purposes, as if such persons of free condition had

been named in the said Act. Persons of free 12. And be it further enacted, by the authority aforesaid, that all such persons condition qualified of free condition shall henceforth be entitled to have and enjoy all the rights, prihave all the Rights vileges, immunities and advantages whatsoever to which they would have been of White Persotis ; entitled if born of and descended from white ancestors, subject to the qualifications

and restrictions of this Act. except sitting or

13. Provided always and nevertheless, and be it enacted, that nothing in this Act voting in Council

contained shall be deemed to extend to confer upon any of the said persons of free or Asseinbly.

condition any power, capacity or ability of sitting or voting either in the Council They cannot fill

or Assembly: Provided always and nevertheless, that no person who is to receive Office, unless

of this Act he was incapable of filling, unless, independently of the qualifications required in the cases of white persons, he is also qualified under this law to vote at elections of Members of Assembly.

14. And be it further enacted, that this Act shall commence and be in force Commencement of

from the first day of August next. Qualifications as to 15. Provided always, and be it also further enacted, by the authority aforesaid, voting for Members that no person who shall not be qualified to vote for Members of Assembly on or of the Corporation before the first day of August next shall be entitled to vote at the elections of Vestry men'or Co- members of the court of common council of Kingston, or of vestrymen in any other parish, or of coroners, or at any other election whatsoever, unless the person

offering

any Act of this

Members.

this Act.

roners, c.

offering to vote be qualified, according to some of the provisions of this Act, to vote
at the election of a Member in Assembly for the city or parish wherein he shall
tender his vote, and at any such election shall, if required, take, before the proper
officer, the oath required by this Act, any thing in any other Act to the contrary
notwithstanding

JAMAICA, Ss.—AN ACT to repeal part of an Act passed in the forty-first
year of His late Majesty's reign, intituled “ An Act for constituting a Cor-

poration for better ordering and managing the Police of the Town and

City of Kingston, with proper and adequate powers, and for relief “ of His Majesty's subjects of the Jewish persuasion.”—(20th February 1830.)

WHEREAS by an Act passed in the forty-first year of His late Majesty's Preacable. reign, intituled “ An Act for constituting a Corporation for better ordering and

managing the Police of the City and Town of Kingston, and for other pur- 41 Geo. 3, c. 29.

poses relative to the Port of Kingston, with proper and adequate powers,” it is among other things enacted, that any person not professing the Christian Religion shall not be entitled to vote at any election in pursuance of that Act, nor shall be eligible to any office of the said Corporation : And whereas it has been deemed expedient to repeal the said hereinbefore-recited clause of the hereinbefore-recited Act: Be it enacted by the Governor, Council and Assembly of this Island, and it is hereby enacted by the authority of the same, that the The recited Clause: hereinbefore-recited clause of the hereinbefore-recited Act, and every part, mat- of the above Act ter and thing therein contained, be, and the same are, hereby repealed, amended repealed. and made void: And whereas doubts have been entertained whether persons Clause 2. professing the Jewish Religion are entitled to exercise and enjoy the same rights, privileges, immunities and advantages to which His Majesty's other natural-born subjects are entitled within this Island : And whereas such doubts Jews declared erought no longer to exist : Be it enacted by the authority aforesaid, that persons titled to enjoy all professing the Jewish Religion are entitled to exercise and enjoy the same the Rights, &c. of rights, privileges, immunities and advantages to which His Majesty's other other natural

British Subjects. natural-born subjects are entitled within this Ísland, any law, custom or usage to the contrary notwithstanding: Provided always, and be it further enacted, by Clause 3. the authority aforesaid, that nothing in this Act contained shall be construed Title to Real to impeach or affect any title to real estate or other right or title whatsoever of Estates

, &c. not any person or persons being of the Jewish Religion, or of persons claiming impeached by this under persons of the Jewish Religion : Provided always, that this Act, or any

Proviso.
clause, article, inatter or thing herein contained, shall not take place, or be in
force or of any effect, until this Act shall have received His Majesty's royal
approbation, any law, custom or usage to the contrary notwithstanding.

Act.