Marshal, un der Gover to summon Jury to lay out 8th GEO. I. No. 172. A. D. 1721. III. And be it further enacted by the Authority aforesaid, That nor's Precept, as soon as conveniently may be, the Governor in Chief of these Islands, or in his Absence from the Island, the Lieutenant Governor, or President of the Council of this Island, shall issue a Precept under his Hand and private Seal, directed to the Provost Marshal of this Island, or his lawful Deputy, to summon a Jury or Juries, from Time to Time, to lay out convenient Paths leading from the High Roads of this Island to the said Ponds, as may be most convenient for the Inhabitants of this Island, and with as little Detriment as may be to any Person through whose Grounds the same Paths shall run; and the Provost Marshal, or his Deputy, at the Running-out of the said Paths, shall take one or more sworn Surveyors, and shall make a due Return, under the Hands and Seals of the Jurors, of the Paths so run out, which shall be filed both in the Register's and Secretary's Offices of this Island, and the same Paths so run out shall be publick Paths, and all Charges relating to the Running-out of the said Paths, and Filing the same Return, shall be borne by the Publick of this Island. One or more Surveyors to assist Jurors. Return to be filed. Charges borne by the Public. Part of Fresh Clause the Body Ponds. IV. And be it further enacted by the Authority aforesaid, That described in all that Part of the Fresh Water Gutt, beginning between Part of the Lands in the Possession of Main Swete, Esquire, and the Lands of Edward Ragg, in the Divisions of St. John's and Falmouth, and extending from thence in the Common Channel to the Lands now in the Possession of the Honourable Edward Warner, Esquire, John Sampson, Esquire, and John Tomlinson, Senior, Esquire, where the third or little Pond empties into the Gutt again, shall be esteemed the Body Ponds only. Owner or Occupier cutting Trees or Un now said Ponds, derwood with liable to in dictment and Fine. V. And if any Owner or Occupier of any of the Soil lying on either Side of any of the said Ponds, shall cause, permit, or suffer any Tree or Trees whatsoever (whether Timber Trees or not) or any large Underwood whatsoever, growing or that shall grow within thirty Feet of the Water-Side of the same Ponds, or either of them, either as they now are, or shall hereafter be enlarged, to be cut, fallen, or burnt down, then the Owner or Occupier of the same Lands causing, or willingly or wittingly permitting, the same, shall be indicted and fined before the Justices of the Peace in their Sessions, or Justices of Oyer and Terminer, and Gaol Delivery within this cutting Trees, Island; and if such cutting, falling, or burning down, be without liable to same or against the Consent of the Owner or Occupier of such Lands, Punishment. then the Offender being discovered in three Months by the Owner or Occupier aforesaid, or by his or her Means, or otherwise, and duly Stranger so prosecuted 8th GEO. I. No. 172. A. D. 1721. prosecuted with all convenient Speed, shall be indicted and fined, as aforesaid; but in Default of such Discovery or Prosecution, the Owner or Occupier shall be deemed the Offender, and shall be prosecuted and fined, as aforesaid. If Offender by Owner, not prosecuted. &c. Owner, &c. to be deemed Offender. ber lost, or Land or Timrendered useless by Act, to be paid for by Public; VI. And be it further enacted by the Authority aforesaid, That any Person who shall think himself aggrieved, or suffer any Loss of Ground or Timber, by reason of this Act, either by being hindered in using any Land, or falling any Timber, as being contiguous to the said Ponds, or by having any Lands taken up for Paths, such Persons shall be recompensed out of the Publick Treasury of this Island, such Damage being first ascertained and viewed, by Virtue of after Apany Warrant from any Magistrate directed to two or more Free- praisement by holders to appraise the same on Oath, and the Return on Oath of ers. any two such Appraisers made under their Hands pursuant to such Warrant. ers for St. cincts may Ponds; and fall Trees to ing-places, &c. enlarge Body VII. And be it further enacted by the Authority aforesaid, That Commissionthe Commissioners of the Publick Ponds in the Precincts of St. John's, John's Preshall have Power to enlarge the said Ponds, called The Body Ponds, and to plant Trees as they shall see necessary about the same, and also to cut down any Tree or Trees, or Underwood whatsoever, for making convenient Watering-places about the same Ponds, called The Body Ponds, or either of them, or for other Necessaries or Conveniencies about the same; any Thing herein before contained to the contrary thereof in any wise notwithstanding. form Water soning said ment, to Fine VIII. And be it further enacted by the Authority aforesaid, That Persons poiif any Person or Persons, in order to catch Fish, or for any other waters liable, reason, shall poison with, or mix in, any of the aforesaid Waters on Indictherein before limited for Publick Ponds, or any Waters running into not exceeding the same, Dogwood, Bark, Lime, or any hurtful Matter, by which 2007. Means the said Ponds shall be rendered thick or nasty, the Person or Persons so offending shall and may be indicted and fined for the same by the Justices of Peace of this Island in their Sessions, or by Justices of Oyer and Terminer, and Gaol Delivery, in any Sum not exceeding two hundred Pounds lawful Money of Antigua. Dated at the Town of St. John's the twentieth Day of February, in the eighth Year of the Reign of our Sovereign Lord GEORGE, by the Grace of God of Great Britain, France, and Ireland, King, Defender of 8th GEO. I. Nis. 172-175. A. D. 1721. of the Faith, &c. and in the Year of our Lord God one thousand seven hundred and twenty-one. ASHTON WARNER, Speaker. JOHN HART. No. 173. An Act for establishing a Court of King's Bench, Common EXPIRED. See Act of 21st Jan. 1791, (No. 475.) Pleas, and Errors, for the better regulating and settling due Methods for the Administration of Justice, and limiting a Time for issuing Execution out of the Court of Chancery in this Island. Dated 20th February, 1721. No. 174. An Act to repeal a certain Act of this Island concerning OBSOLETE. Mem. The Act repealed Negroes. is No. 144. Dated 1st February, 1722. No. 175. An Act against deceitful, excessive, and disorderly Gaming. PREAMBLE. WHEREAS all lawful Games and Exercises should not be otherwise used than as innocent and moderate Recreations, and not as constant Trades and Callings to gain a Living, or make unlawful Advantage thereby: And whereas by a late immoderate Use of them in this Island, many Mischiefs and Inconveniencies have arisen, and do daily happen to the maintaining and encouraging of sundry idle, loose, and disorderly Persons in their dishonest, lewd, and dissolute Course of Life, and to the circumventing, deceiving, cousening, and debauching of many of the younger Sort (particularly young Traders intrusted with Cargoes and Effects belonging to others) to the Loss of their precious Time, and the utter Ruin of their Estates and Fortunes, and withdrawing them from honest and laudable Imployments and Exercises: No. 175. A. D. 1723. Аст. Player, win Fraud; 10th GEO. I. II. We Your Majesty's most loyal, dutiful, and obedient Subjects, the Governor in Chief in and over all Your Majesty's Leeward Caribbee Islands in America, and the Council and Assembly of this Your Majesty's Island in Antigua, humbly pray Your Most Sacred Majesty that it may be enacted and ordained, and be it, and it is hereby enacted and ordained by the Authority aforesaid, That if any Person or Persons whatsoever within this Island, or the Islands ning by thereto adjacent and belonging, shall, after the Day of the Date of this Act, at any Time or Times, by any Fraud, Shift, Cousenage, Circumvention, Deceit, or unlawful Device or ill Practice whatsoever, in playing at or with Cards, Dice, Billiards, Tables, Tennis, Bowls, Skittles, Shovel-board, Nine-pins, or in or by Cock Fighting, Horse Races, Dog Matches, or Foot Races, or other Pastime, Game or Games whatsoever, or in or by bearing a Share or Part in the or Better, Stakes, Wagers, or Adventures, or in or by betting on the Sides or Collusion; Hands of such as do or shall play, act, ride, or run, as aforesaid, win, obtain, or acquire to him or themselves, or to any other or others, any Sum or Sums of Money, or other valuable Thing or Things whatsoever, that then every Person or Persons so offending, winning by cations; and secute in six as aforesaid, shall forfeit and lose treble the Sum or Value of Money, treble value. or other Thing or Things so won, gained, obtained, or acquired; the one Moiety thereof to our Sovereign Lord the King, His Heirs, Forfeiture to go, Half to and Successors, to be paid into the Publick Treasury of this Island, Treasury toand to be imployed towards the building and repairing the Forts and wards FortifiFortifications of the same, and the other Moiety thereof unto the Half to Loser: Person or Persons grieved, or who shall lose the Money, or other If Loser pro Thing or Things so gained, so as every such Loser, or Person grieved Kal. Months: in that Behalf, do or shall prosecute for the same within six Kalendar Months next after such Play; and, in Default of such Prosecution, tor in a Year the same other Moiety, to such Person or Persons as shall or will Months exprosecute for the same within one Year next after the said six pired. Months expired. And for the better preventing all excessive and. immoderate Gaming and Playing for the Time to come: otherwise to any Prosecu after six more than 71. or within 24 III. Be it further enacted and ordained by the Authority aforesaid, Winner of That if any Person or Persons whatsoever within this Island, or the ready Money, Islands thereto adjacent and belonging, shall or do, after the Date at one sitting, of this Act, play at any of the said Games, or any other Pastime, Hours from Game, or Games whatsoever, for ready Money, or any other valuable Play, to forThing ready down, or shall bet or wager on the Sides or Hands of feit treble the those that do play, or upon any particular Chance or Occurrence of Winning. the Game or Play then going, any ready Money or valuable Thing ready beginning Value of whole go, Half to No. 175. 10th GEO. I. A.D. 1723. ready down, and shall win, obtain, or acquire, in ready Monies or other valuable Thing ready down, to above the Value of the Sum of seven Pounds lawful Money of this Island at one Sitting or Playing, or within the Space or Time of twenty-four Hours, from the first Beginning of such Play, that then the Person so winning, obtaining, or acquiring above the said Sum of seven Pounds lawful Money of this Island, shall lose and forfeit treble the Value of all the whole Monies or other valuable Things so won, obtained, or acquired; the one Moiety thereof to our Sovereign Lord the King, His Heirs, and Successors, to be paid into the Publick Treasury of this Island, and Half to Loser: to be imployed towards the building and repairing the Forts and If Loser pro- Fortifications of the same, and the other Moiety thereof to the Party Kal. Months: grieved, or who shall lose the Money or other Things so gained, so as every such Loser, or Person grieved in that Behalf, do or shall tor in a Year prosecute for the same within six Kalendar Months next after such Play; and, in Default of such Prosecution, the same other Moiety to such Persons as shall or will prosecute or sue for the same within one Year next after the said six Months expired. Forfeiture to Treasury to wards Forti fications; and secute in six otherwise to any Prosecu after six Months ex pired. Loser on Credit of more than 77. at one Sitting, or within 24 Hours from beginning Play, not compellable to pay Excess; Securities void. IV. And be it further enacted and ordained, and it is hereby further enacted and ordained by the Authority aforesaid, That if any Person or Persons whatsoever within this Island, or any of the Islands thereto adjacent and belonging, shall, after the Date of this Act, play at any of the said Games, or any other Pastime, Game, or Games whatsoever, or shall bet or wager on the Sides or Hands of such as do play, or upon any particular Chance or Occurrence of the Game or Play then going, and shall lose any Sum or Sums of Money, or any other valuable Thing or Things so played for, exceeding the Sum of seven Pounds lawful Money of Antigua; at any one Time or Meeting, or within the Space of twenty-four Hours from the Beginning of such Play, upon Ticket, Credit, or otherwise, and shall not pay down the same at the Time when he or they shall lose the same, the Party and Parties who loseth or shall lose the same Monies or other Things so played, or to be played, betted, or wagered for, above the said Sum of seven Pounds lawful Money of Antigua, shall not in that case be bound or compelled to pay or make good the same, but the Contract and Contracts for the same, and for every Part thereof, and all and singular Judgments, Statutes, Recognizances, Mortgages, Conveyances, Assurances, Bonds, Bills, Specialties, Promises, Covenants, Agreements, and other Acts, Deeds, and Securities whatsoever, which shall be obtained, made, given, acknowledged, or entered into, for Security or Satisfaction of or for the |