ST.

LUC

TOLERATION LAWS, JAMAICA.

RETURN to an Address of The Honourable The House of Commons;
dated 24 June 1831;-for,

COPIES of the LAWS passed by the several COLONIAL
LEGISLATURES, for the RELIEF of the CATHOLICS, the REMOVAL
of the DISABILITIES of the JEWS, and of FREE PERSONS OF
COLOUR, during the last Six Years.

(AS FAR AS RELATES TO THE ISLAND OF JAMAICA.)

JAMAICA.

AN ACT to Repeal so much of an Act passed on the Nineteenth day of
May, One thousand Seven hundred and Eleven, intituled "An Act for
Regulating Fees," as prohibits the employment in the several Public
Offices therein-mentioned of any Jew, Mulatto, Indian, or Negro.-
(9th December 1826.)

WHER

HEREAS by an Act passed on the nineteenth day of May, one thousand Preamble.
seven hundred and eleven, intituled "An Act for regulating Fees," it is
enacted, that no Jew, Mulatto, Indian or Negro, shall be capable to officiate or
be employed to write in or for the several offices following, videlicit, the Secre-
tary's Office, Provost Marshal's Office, Clerk of the Crown, Clerk of the Grand
Court, Register of the Chancery Office, Clerk of the Patents, in the Registry of
the Admiralty Office, Naval Office, Collector and Receiver General's Office, upon
any pretence whatsoever; and every officer in the said offices, or any of them,
who shall suffer such person or persons so incapacitated to write or be employed
in or for any of the said offices, for every such offence, contrary to the true
intent and meaning of the said Act, shall forfeit the sum of one hundred pounds
current money of this Island, to be recovered and applied in the manner therein-
mentioned: May it therefore please your Majesty, that it may be enacted; Be
it therefore enacted by the Governor, Council and Assembly of this Island, and
it is hereby enacted and ordained, by the authority of the same, that from and
after the passing of this Act, so much of the said recited Act as prohibits the
employment in the several public offices hereinbefore mentioned of Jews,
Mulattoes, Indians or Negroes, be and stand, and the same is hereby, repealed.

JAMAICA. AN ACT to entitle Jews, born within the legiance of the King's
to the rights and privileges of other natural-born British subjects.—
(22d December 1827.)

Clause 35, of
10 Anno, cap. 4,
repealed.

WHEREAS the Jews in Jamaica have ever conducted themselves as good Preamble.
citizens and faithful and loyal subjects, and it is expedient that the disabilities
under which they have hitherto laboured should be removed: Be it therefore
enacted, by the Governor, Council and Assembly of His Majesty's Island of

59.

A

Jamaica,

Jews born within His Majesty's legiance admitted to all the rights of British subjects.

This Act declared a Public Act.

Proviso: Not to

in force until it

receives the Royal

approbation.

Preamble.

be

Roman-catholics may sit and vote in Council or Assembly respectively, on taking the following Oath.

Jamaica, and it is hereby enacted, by the authority of the same, that from and after the passing of this Act, all persons of the Jewish persuasion, born within His Majesty's legiance, shall be admitted to enjoy all the rights, privileges, immunities and advantages whatsoever to which His Majesty's other natural-born subjects are entitled within this island.

2. And be it enacted, by the authority aforesaid, that this Act shall be by all Judges, Justices and others deemed and taken notice of, and be considered, as a public Act in all Courts and places within this Island, without the same being specially pleaded: Provided always, that this Act, or any clause, article, matter 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.

:

JAMAICA. AN ACT to remove certain Disabilities from His Majesty's Subjects of the Roman-catholic Religion within this Island.—(19th December 1829.)

WHEREAS it is expedient that the several disabilities imposed upon His Majesty's subjects of the Roman-catholic religion in this Island should be abolished, and that they should be placed upon the same footing as His Majesty's other subjects of the Established religion: We, therefore, your Majesty's most dutiful and loyal subjects, the Assembly of Jamaica, pray your Majesty that it may be enacted: Be it therefore enacted, by the Governor, Council and Assembly of this your Majesty's said Island, and it is hereby enacted by the authority of the same, That from and after the commencement of this Act, it shall be lawful for any person professing the Roman-catholic religion who shall be appointed a Member of Council, or shall be returned as a Member of Assembly, to sit and vote either in the Council or Assembly respectively, being in all other respects duly qualified to sit and vote therein, upon taking and subscribing the following oath, instead of the oaths of allegiance, supremacy and abjuration:

"I, A. B., do sincerely promise and swear that I will be faithful and bear "true allegiance to His Majesty King George the Fourth, and will defend "him to the utmost of my power against all conspiracies and attempts "whatever which shall be made against his person, crown or dignity; " and I will do my utmost endeavour to disclose and make known to "His Majesty, his heirs and successors, all treason and traitorous con"spiracies which may be found against him or them; and I do faithfully

66

promise to maintain, support and defend, to the utmost of my power, "the succession of the Crown, which succession, by an Act intituled, 'An "Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject,' is and stands limited to the "Princess Sophia, Electress of Hanover, and the heirs of her body, being "Protestants; hereby utterly renouncing and abjuring any obedience or

66 6

allegiance unto any other person claiming or pretending a right to the "Crown of this realm; and I do further declare that it is not an article "of my faith, and that I do renounce, reject and abjure the opinion, that "Princes excommunicated or deprived by the Pope, or any other authority "of the See of Rome, may be deposed or murdered by their subjects, or "by any person whatever; and I do declare that I do not believe that "the Pope of Rome, or any other foreign prince, prelate, person, state "or potentate hath or ought to have any temporal or civil jurisdiction, power, superiority or pre-eminence, directly or indirectly, within this "realm: I do swear that I will defend to the utmost of my power the "settlement of property within this realm as established by the laws; and "I do hereby disclaim, disavow, and solemnly abjure any intention to "subvert the present Church Establishment, as settled by law, within this "realm; and 1 do solemnly swear that I never will exercise any privilege "to which I am or may become entitled to disturb or weaken the Pro"testant religion or Protestant government in the United Kingdom; and "I do solemnly, in the presence of God, profess, testify and declare, that'

"6

"I do make this declaration, and every part thereof, in the plain and
"ordinary sense of the words of this oath, without any evasion, equivoca-
"tion or mental reservation whatsoever. So help me GOD."

to be substituted

2. And be it further enacted, by the authority aforesaid, that wherever in the In the above Oath,
oath hereby appointed and set forth the name of His present Majesty is expressed wherever the name
of His present
or referred to, the name of the Sovereign of the United Kingdom of Great Britain Majesty is ex-
and Ireland for the time being, by virtue of the Act for the further limitation of pressed, the name
the Crown and better securing the rights and liberties of the subject, shall be sub- of the Sovereign
stituted from time to time, with proper words of reference thereto : Provided for the time being
always, and be it further enacted, that no person professing the Roman-catholic from time to time.
religion who shall be appointed a member of the Council of this Island, and no Proviso.
person professing the Roman-catholic religion who shall be returned a member
of the House of Assembly, after the commencement of this Act, shall be capable
of sitting or voting either in the Council or Assembly respectively unless he shall
first take and subscribe the oath hereinbefore appointed and set forth, before the
same persons, at the same times and places, and in the same manner, as the oaths
and declarations now required by law are respectively taken, made and subscribed;
and that any person professing the Roman-catholic religion who shall sit or vote
either in the Council or Assembly without having first taken and subscribed, in the
manner aforesaid, the oath in this Act appointed and set forth, shall be subject
and liable to the same penalties, forfeitures and disabilities, and the offence of so
sitting or voting shall be followed and attended by and with the same conse-
quences, as are by law enacted and provided in the case of persons sitting or
voting in either House of Parliament respectively without the taking, making and
subscribing the oaths and the declaration now required by law.

may

take the above

3. And be it further enacted, by the authority aforesaid, that it shall and may Roman-catholics,
be lawful for any of His Majesty's subjects in this Island professing the Roman being duly qualified
catholic religion, being otherwise duly qualified to vote at elections of members to vote at Elections,
of Assembly, coroners or vestrymen, aldermen or common councilmen of the Oath instead of the
city of Kingston, upon taking and subscribing (if required) the oath hereinbefore Oath of Allegiance,
appointed and set forth, instead of the oath of allegiance, supremacy and abjura- Supremacy, &c.
tion, and instead of any declaration or oath now required by law to be taken by
any of His Majesty's subjects professing the Roman-catholic religion, and upon
taking also (if required) such other oath or oaths as may now be lawfully tendered
to any persons offering to vote at such election.

be administered.

4. And be it further enacted, by the authority aforesaid, that the oath herein- How the Oath is to
before appointed and set forth shall be administered to His Majesty's subjects
professing the Roman-catholic religion in the same manner, at the same time,
and by the same persons, as the oaths for which it is substituted are or may be
now by law administered, and the certificate of the taking and subscribing the
said oath hereinbefore appointed and set forth shall be of the like force and effect
as a certificate of the taking and subscribing the oaths for which it is substituted,
and such certificate shall be given and granted by the same person and in the
same manner as the certificate now required by law is directed to be given.

5. And be it further enacted, by the authority aforesaid, that it shall be lawful for any of His Majesty's subjects professing the Roman-catholic religion to hold, exercise and enjoy all civil and military offices and places of trust or profit under His Majesty, his heirs and successors, and to exercise any other franchise or civil right, except as hereinafter excepted, upon taking and subscribing, at the times and in the manner hereinafter mentioned, the oath hereinbefore appointed and set forth, instead of the oaths of allegiance, supremacy and abjuration, and instead of such other oath or oaths as are or may be now by law required to be taken for the purpose aforesaid by any of His Majesty's subjects professing the Roman-catholic religion.

They are to hold
and enjoy all Civil
and Military
Offices and Places

of Trust.

4

6. Provided always, and be it enacted, that nothing herein contained shall' They are not exbe construed to exempt any person professing the Roman-catholic religion from empted from taking the necessity of taking any oath or oaths, or making any declaration, not herein- any Oath that may before mentioned, which are or may be by law required to be taken or subscribed Persons.

be required of other

They must have taken the Oath three calendar Months before they can be appointed to any Office.

by any person on his admission into any such office or place of trust or profit as aforesaid.

They are to hold no 8. Provided also, and be it enacted, that nothing in this Act contained shall
Offices of the Esta- be construed to enable any person, otherwise than they are now by law enabled,
blished Church, &c. to hold, enjoy or exercise any office, place or dignity within this island, of, to, or
or of any Public
Schools.

belonging to the United Church of England and Ireland, or the Church of
Scotland; or any office or place whatever belonging to any of the public schools
within this Island.

Proviso.

7. And be it further enacted, by the authority aforesaid, that it shall be lawful for any of His Majesty's subjects professing the Roman-catholic religion to be a member of any lay body corporate, and to hold any civil office or place of trust or profit therein, and to do any corporate act, or to vote on any corporate election or other proceedings, upon taking and subscribing the oath hereby appointed and set forth, instead of the oath of allegiance, abjuration and supremacy, and upon taking also such other oath or oaths as may now by law be required to be taken by any person becoming members of such lay bodies corporate, or being admitted to hold any office or place of trust or profit within the same.

How Penalties are to be recovered.

9. And be it further enacted, by the authority aforesaid, that every person professing the Roman-catholic religion who shall, after the commencement of this Act, be appointed to any office or place of trust or profit within this Island, under His Majesty, his heirs and successors, shall within three calendar months next before such appointment, or otherwise before he presumes to exercise or enjoy or in any manner act in, such office or place, take and subscribe the oath hereinbefore appointed and set forth, either before the grand or assize courts of this Island, or any Judge thereof, or before any court of general or quarter sessions of any parish wherein any such person shall reside; and the person or persons administering such oath shall make, sign and deliver a certificate of such oath having been duly taken and subscribed, as often as the same shall be demanded of him: and such certificate shall be sufficient evidence of the person therein-named having duly taken and subscribed such oath.

10. And be it further enacted, by the authority aforesaid, that if any person a Penalty of £.200, professing the Roman-catholic religion shall enter upon the exercise or enjoy

They are subject to

if they enter into

Office before taking

the Oath, and the appointment becomes void.

ment of any office or place of trust or profit under His Majesty within this Island, not having in the manner aforesaid taken and subscribed the oath herein before appointed and set forth, then, and in every such case, such person shall forfeit to His Majesty, for the support of the Government of this Island, the sum of two hundred pounds, and the appointment of such person to the office or place to be by him held shall thereupon become altogether void, and the office or place shall be deemed and taken to be vacant to all intents and purposes: Provided always, that the oath hereinbefore appointed and set forth shall be taken by officers of the militia of this Island professing the Roman-catholic religion, at the same time and in the same manner as the oaths and declaration now required by law are directed to be taken, and not otherwise.

11.

They are not to take any other

perty than such as may by Law be tendered to other Persons, &c.

And be it further enacted, by the authority aforesaid, that no oath or oaths shall be tendered to or required to be taken by His Majesty's subjects proOaths to hold professing the Roman-catholic religion for enabling them to hold or enjoy any real or personal property, other than such as may by law be tendered to and required to be taken by His Majesty's other subjects; and that the oath hereinbefore appointed and set forth being taken and subscribed as hereinbefore mentioned, shall be of the same force and effect, and shall stand in the place of all oaths and declarations required or prescribed by any law now in force for the relief of His Majesty's Roman-catholic subjects.

12.

And be it further enacted, by the the authority aforesaid, that all penalties imposed by this Act shall and may be recovered in the Supreme Court of Judicature, or in either of the Assize Courts, in this Island, by information on oath in the name of His Majesty's Attorney-General of this Island, as a debt due to His Majesty for the use and support of the Government of this Island.