Imatges de pÓgina
[ocr errors]

lamented Mr. HENRY OTWAY, for many years a Barrister in Grenada, and the value of this compilation was proved by its constant use in Court, and by the Public. From the year 1830, to the present period, the Laws, as passed, have been, from time to time, published by the Legislature, and distributed among the members and officers of the Government; but there is some difficulty, and considerable expense, in procuring a complete copy. It was not without much trouble that a copy was lately obtained for the Board of Trade, which was corrected for that department by the Editor.

7. The abolition of Slavery in the Colonies of Great Britain completely altered the nature of their Legislation; from a code of isolated restriction, they turned to the Laws of freedom and progress in civilization. The Editor willingly bears testimony to the zeal, activity, and patient industry of the Colonists, in meeting this great change. With the shackles of personal thraldom, they cast away all desire of retaining Laws which should impose unnecessary restraint on personal freedom-a different system of Legislation became essential, to meet the new requirements of society, but it was not possible at once to obliterate ancient enactments, and no revised publication of Laws embracing them, could be useful.

8. The compilation of Chief Justice SMITH comprised 92 Acts, 34 only of which are now in force; and his object in publishing his work, was to ascertain, and make known, the Laws then actually in force, without adverting to their quality; but he thus prepared a way for subsequent improvement, and in the altered position of the Colony, it became necessary to revise the Statutes in his collection, as well as the later enactments, with the view to a new publication.

9. Under these circumstances, the Editor, holding an official appointment under the Crown in the Colony, considered it his duty, and found it his happiness, as a member of the Legislature, from time to time, to introduce Statutes repealing obsolete enactments, and extending to the Colony the recently-passed important Laws of England.

10. In this undertaking he was greatly encouraged by the countenance of Lieutenant Governor HAMILTON, now Governor of Newfoundland; willing assistance was also rendered by the Council and Assembly, the members of which received with favor the project of consolidating and amending the Laws, and valuable aid was given to the work by the present respected Chief Justice DAVIS, who honored the Editor with his advice in regard to the repeal of old, and the enactment of new Laws.


11. At length an Act was passed by which so much of the old Legislation, as mentioned or related to Slavery, or designated or described any Her Majesty's subjects, as contradistinguished from others, by descent, was repealed, and directed to be omitted in any future publication of the Laws of the Colony.

12. The number of published Laws, commencing with the first in the collection of Chief Justice SMITH, and continued in that of Mr. M'COMBIE amounts to 430; but by the process of revisal, and condensation, above

described, and the omission of expired Laws, the number of Acts, now actually in force, has been reduced to 193, which are contained in this edition, and of some of these it has not been deemed necessary to publish more than the titles. Of the Laws relating to the militia, the titles only are retained, in order to their future repeal; and it is intended to consolidate the Laws relating to the Harbour of Saint George, the duty of which was intrusted to the Editor, who was prevented, by ill health, from its performance.

13. In the perusal of this edition, it must be borne in mind, that when any sum of money is mentioned in any act, before the first day of January, 1841, at which time the currency of the Colony was assimilated to that of Great Britain, such money, unless otherwise expressed, is to be considered as the then current money of the Colony, convertible into the present current money of the Colony, or sterling money of Great Britain, at the rate, or in the proportion of £2. 10s., of such former currency, for £1. of present sterling currency.

14. Since the residence of the Editor in England, he has had access to some of the Records of the Colonial Office; and in his researches, he has been obligingly assisted by Mr. TALBOT of that department; by which means, the Editor has been enabled to state in the Table of Acts prefixed to this work, the corresponding number of the Law in the Colonial Office; and to add to the correctness of the compilation, by inserting the allowance of some Acts by Order in Council, with the date of such order, of which information he was not possessed during the time the work was passing through the press. The number of Laws relating to Grenada, in the record kept at the Colonial Office, is 470; which includes some Acts disallowed by the Sovereign, and not published among the printed Laws; but this number does not include all the Acts contained in this collection; the Editor not having been able to find in that Office any record of some of the early Acts; which is to be accounted for by the fact, that, previously to the year 1782, the business of reviewing the Acts of the Colonial Legislatures before their confirmation by the Crown, was performed by the Board of Trade and Plantations, whence it was transferred to the office of the Secretary of State for the Home Department, and afterwards to the Secretary for the Colonies, in whose office are now to be found all certified copies of Acts, and other official documents since that period.

15. It appears by the records at the Colonial Office, that the Act, No. 45, the date of which is 18 August, and not 18 May, 1817, as printed in this collection, and, heretofore, considered in force, corresponding with No. 164 in that office, was disallowed by Order in Council, dated 20th October, 1820, and the disallowance communicated to Governor RIALL, in a despatch from Earl BATHURST dated the 18th of November, in that year.The next Act, No. 46, to authorize the Sittings of the Courts and of the Legislature, in York House, being the premises to which the former Act referred, was left to its operation by Order in Council.


16. Great regularity is now observed in all departments relating to the custody, transmission, and confirmation of the Laws of the Colony; the records there, are entrusted to the care of the Secretary of the Island, but he has no fixed office, and the most valuable documents, including evidence of title to the whole landed property of the Colony, are therefore liable to removal from place to place, and the Editor repeats the hope entertained by Chief Justice SMITH, that a proper office may be provided for the custody of all the public Records.

17. The great utility of a Registry relating to land, is fully known and appreciated in the West Indies; but inconvenience often arises from want of uniformity in the Colonial Laws, as to the Probate of deeds, executed out of the United Kingdom, in Her Majesty's dominions and foreign countries; and it is much to be desired, that this should be remedied by a General Law. 18. This compilation may not be without advantage in directing attention in other Colonies, besides Grenada, to the English Laws, which might be appropriately introduced.

19. A Tabular Index has been added to this work, which, the Editor believes, will be found useful; and he has adopted, with some alteration, the general Index, lately published by Mr. OrwAY, to the use of which the public is now accustomed.

20. With this explanation, the Editor offers the present compilation to the indulgent consideration of the public, in the hope that it will prove useful to persons connected with property in the Colony, and, especially, to the Members of the Legislature, the Magistrates and Inhabitants of Grenada. He derives no emolument from, and has no pecuniary interest in, the publication, which is the undertaking of the Public Printer for the Colony, who, with the Editor, superintended the printing of the work during its passage through the press.

Thames Ditton, Surrey,

10th December, 1852.

[blocks in formation]

An Act to ascertain the Rate of Interest, and for settling the
Damages on Bills of Exchange legally Protested.








[Dec. 1,
page 1.

An Act for establishing and regulating a Register's Office. [April 20, 1767.]

page 2. An Act to make Cattle, Horses, Mules, Asses, Coppers, Stills, and Plantation Utensils, real Estate of Inheritance, and declaring Widows dowable of them, as of Lands and Tenements. [April 29, 1767.]

page 5.
An Act for regulating the Proceedings of the General As-
sembly on all Bills to impose any General Tax on the Inhabi-
tants of these Islands, and to Regulate the Proceedings of the
Council on all Bills whatever. [October 14, 1767.] page 6.

An Act to explain and amend an Act, to make Cattle, Horses,
Mules, Asses, Coppers, Stills, and Plantation Utensils, real
Estate of Inheritance; and declaring Widows dowable of them,
as of Lands and Tenements. [Feb. 1, 1770.]

page 7.
An Act to extend an Act of Parliament made in the Twenty-
Ninth Year of the Reign of the late King Charles the Second,
intituled, "An Act for Prevention of Frauds and Perjuries,'
unto the Islands of Grenada and the Grenadines, and to en-
force the same. [Feb. 20, 1770.]

page 8. An Act to explain and amend an Act intitled "An Act for establishing and regulating a Register's office."








[April 3,

page 8. An Act against the unlawful practising of pretended Surgeons and Doctors. [April 3, 1770.]

page 10. An Act for the Preservation of the Harbour and Bay of ST. GEORGE'S, appointing Regulations to be observed by Masters of Ships and other Vessels coming into and anchoring therein, for impowering the Commander-in-Chief to appoint a HarbourMaster, and for fixing his Salary. [Feb. 3, 1776.]

page 11. An Act for regulating the Re-building of the Town of St. George, in the Parish of St. George, in the Island of Grenada, for preventing the Destruction of the same by Fire, for ascertaining the Boundaries of the said Town, and making a correct Plan of the same, for rendering the said Town more safe, healthy, and convenient, by Alteration of some, and the Opening of other Streets, and for appointing Commissioners with Powers to treat and conclude for the Purchase of any private Property that may be affected by this Act, and generally for carrying the same into execution. [Feb. 3, 1776.] page 16.

An Act to regulate, restrict, and direct the Conduct of the Public Treasurers of these Islands, and to fix their Salaries. [March 22, 1776.] page 19.

An Act for incorporating the Trustees and Directors of the Colony Hospital in this Island, and for vesting, in them and their Successors, the Lands, Buildings, Ground and other Rents, belonging to the said Hospital Estate, and for confirming and

















enlarging their Powers, for the better Management and Dis-
position of the said Charity. [April 22, 1778.]
PROCLAMATION, dated Jan. 10, 1784.

page 23.
page 29.
An Act for the supplying the Want of Fines and Recoveries
in these Islands, and for making any Deed or Deeds duly exe-
cuted and acknowledged, before any of His Majesty's Justices
of the Court of Common-Pleas, in the Kingdom of England or
Ireland, or any of these Islands, equivalent to a Fine and Re-
covery or Fines and Recoveries, duly and regularly levied and
suffered in any of His Majesty's Courts of Record at West-
minster. [March 9, 1784.]

page 31.

An Act for establishing a Court for hearing and determining Errors on Writs of Error, to be brought from the Judgment of the Court of Common-Pleas or Exchequer, and for directing the Manner of Proceeding in such Court of Errors. [March 27, 1784.]

page 33. An Act for rendering the Process in the Court of Chancery effectual, in certain Cases, against Persons, who, being out of the Jurisdiction of the Court, refuse to appear thereto. [March 27, 1784.]

page 39. An Act for re-establishing a Court of Kings-Bench and Grand Sessions of the Peace, prescribing the Times of its Sitting, and regulating the Proceedings therein, and in Courts to be held by Virtue of Commissions of Oyer and Terminer and Gaol-Delivery; and for taking away the Benefit of Clergy from Persons convicted of certain Crimes therein specified. [April 30, 1784].

page 43. An Act for establishing Signal Posts, for erecting Batteries, and keeping the same in repair; impowering the Commanderin-Chief to appoint Master Gunners to take Care of such Batteries, and fixing their Salaries. [April 7, 1785.] page 48. An Act to confirm a Contract lately made by the Council and Assembly with the Honourable William Lucas, for the Purchase of certain Lands, Messuages, Tenements, and Hereditaments, lying in the Parish of Saint George, to vest the same in Trustees, for the purposes therein mentioned; and to provide for the due payment of the Sum of Twenty Thousand Pounds, agreed to be given for the Purchase thereof; and for other Purposes relating thereto, herein mentioned. [August 25, 1785.]

page 50. An Act to amend an Act, intituled, "An Act for the Pre"servation of the Harbour and Bay of Saint George; appoint"ing Regulations to be observed by Masters of Ships, and "other Vessels coming into and anchoring; for impowering "the Commander-in-Chief to appoint a Harbour Master, and "for fixing his Salary;" and for limiting the Boundaries of Town Lots and Wharfs from encroaching on the said Harbour. [Oct. 21, 1785.]

page 55.

An Act to amend and explain an Act, intituled, "An Act "to confirm a Contract made with the Honourable William "Lucas for his Mount George Plantation; to vest the same in "Trustees for certain Purposes; and to provide for the Pay"ment of Twenty Thousand Pounds, being the Purchase Money; and for other Purposes relating thereto;" to ex

[ocr errors]
[blocks in formation]
« AnteriorContinua »