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law, but require to be redressed in equity, the plaintiff bringing his action at common law, may allege the fraud therein; and upon the defendant's appearing to the action, the plaintiff is then to give in a case in writing, containing the particulars of his allegation, with respect to the fraud; and upon entering into bond in ten pounds, to make good the same, the proceeding at law to be stayed, and the plaintiff be allowed to file his bill or action in chancery; and when the defendant joins issue, the chancellor shall direct the examination of the matter to six of the Twenty-four Keys, by way of commission, to inquire into the same, by way of oaths or otherwise, as the case may require; and then to make a report of the whole impartially to the court in writing, in order to a determination. But it, upon considering the report, and hearing the cause, the court should not have sufficient proof to find and decree for the fraud, then the matter shall be remitted to be proceeded in, and decided by the course of common law, and the plaintiff shall be liable to forfeit his bond to the defendant for his costs and damages, or such part thereof as the chancellor shall think reasonable to allow. And if either party shall appeal from the said decree of chancery, he shall be obliged to enter into bonds as usual; Provided that disputes and controversies concerning mortgages shall, according to the act of settlement, be determinable in the court of chancery; and that no sequestration shall be laid on the profits of any lands, tenements, and hereditaments whatsoever, by any court or magistrate within this isle, but in extraordinary cases; and then the same not to be done without the consent of the governor, officers, deemsters, and keys *."
It is ordered, that the goods of deceadents, according to the inventory, shall be made good by the ordinary, or his spiritual officers, if he or they upon proving the will, or making of the decree where no will was made, do not take sufficient security for the same *.
E S LA It is enacted, That the probate of wills and making decrees of deceadent's effects, shall be effected within three months after the death of the party, at furthest, under pain of fine and severe punishment on the person failing therein, after lawful summons given by the proper officers of the spiritual court : and that the spiritual officers take special care for the observance hereof t. To
courts to the lieutenant or the captain, or his deputy,
or the temporal judges, or the twenty-four keys, in · case of adultery *
It is enacted, That no person shall retail ale, wine, or other liquors, without a licence from the governor, under the penalty of three pounds for every default; one-half to the lord of the island, and the other half to the informer; and none shall obtain such licence except a competent number of substantial ale-house keepers in every town and parish, the situation of whose houses, and other necessary conveniencies, are to be yearly reported to the governor by the minister and captain of every parish, the coroner of the sheading, and four of the great inquest in each parish, who are most fitting and best qualified for that purpose. And such returns to be made to the governor at the respec. tive sheading courts, annually holden after Michael. mas, that such as shall be sufficient and able to perform the tenor of their licences may be licenced and allowed; who, upon obtaining of their licences, shall enter into a recognizance to perform the tenor thereof, as formerly accustomed. Upon every licence there shall be paid fourteenpence to the governor's secretary, sevenpence to the comptroller, and ninepence to the keys for the reparation of their house, and to find other necessaries at the times of their meetings t.
The number of licences for retailing beer, ale, wine, and other liquors in this island, is limited to three hun. dred, at five score to the hundred I.
It is ordained and enacted, That an additional sum of nine shillings and ninepence be paid for every ale-house
* A. T. 1592.
licence into the hands of the clerk of the rolls as a fund, to be applied in making, repairing, and amend. ing the highways, in such manner as shall be directed by the governor, with the council and keys, or a committee to be by them appointed.
· For quietness, and avoiding of differences between the temporal and ecclesiastical courts, it is ordered, That no appeal shall be made from the ecclesiastical courts to the lieutenant or captain, or to his deputy, or to the judges, or twenty-four keys, or any of them, for any cause depending or determined in the ecclesiastical court, which does merely concern the government of the church, excommunications, suspension, adultery, fornication, profanation of God's name or the Sabbath, cursing, probate of wills, granting admi. nistration, granting tuition of children's goods, merely subtracting of tithes, or concerning defamations de terminable or punishable by the ecclesiastical laws : but this to be no way prejudicial to the privileges formerly enjoyed by the soldiers, or the captain in garri. son. Ordinance by the lord of the island, 1636.
It is enacted, That all persons having any appeal, or cause of appeal from any decree, order, sentence, judgment, or proceeding of any of the courts or magistrates of this isle, or from the keys, to any superior judge of appeals, are obliged to prefer their appeal for acceptance, and enter into bonds thereon, in order to an effectual prosecution within six months next after the decree, sentence, order, or judgment is made, or given against them: otherwise they, and all persons claiming under them, to be excluded and barred from the benefit of any appeal for ever after *..
*A. T. 1736.
No person shall take any apprentice to learn a science or trade, without such apprentice, with a sufficient surety, do first enter into bond to the lord's use, in the penal sum of ten pounds at least, to serve for the term of five years; and when the said term is up, such apprentice is forbidden to take an apprentice for one year afterwards; and that to be upon the approbation; of three of the same faculty, of his sufficiency to teach an apprentice. Nor shall he be permitted to marry for one year after serving his time, without the special licence of the ordinary, or his substitutes, or spi. ritual officials so empowered, to be obtained upon a true certificate under the hand of the minister of the parish, and two sufficient neighbours where such tradesman dwelleth, of his condition, honesty, and ability, according to their knowledge and common fame. And all this upon severe punishment on the offender, and a fine to the lord besides *.
It is enacted, That it shall and may be lawful for all landholders and other house-keepers, being Protestants, to purchase themselves arms, and to keep a firelock for the protection of themselves and families, as well as the defence of the island upon all emergent occasions, provided they always keep them clean and in good order, at the sight of the captains of the pas rishes and towns, who; for that purpose, are to call them forth with their arms, at least four times in the year, and report their condition to the governor; and the said arms shall go and descend to their heirs and