An Act to make the Copy of Tolls of Negroes, or other slaves, Evidences, and to enlarge the Fee to be paid for entering Tolls of Negroes and other Slaves in the Toll-Books of the several Precincts of this Island.

WHEREAS, by an Act of this island, entitled, "an Act for the better order and government of slaves", passed in the year one thousand six hundred and ninety-six, it is, amongst other things, enacted, "That the clerks of the peace, or clerks of the vestry where no clerks of the peace are, of the several and respective parishes and precincts within this island, shall keep a distinct book, in which entries shall be made of all slaves sold and disposed of from one party to another; in every of which entries shall be expressed the time of the sale made, with the names of the vender and vendee, the name and mark of the slave or slaves, with the consideration for which sold: which said entry, if the seller is lawfully authorised to sell or dispose of such slave or slaves, shall be as good and valid to ratify and confirm the said sale or sales, as if the same had been by deed in writing under hand and seal, and shall be held, deemed, and adjudged to be a sufficient record and evidence in any court of record within this island; and if by any person razed or embezzled, the person so offending shall suffer such punishment as the law hath provided against such as raze or embezzle records; and so every such entry the clerk shall receive, if but one negro, seven pence halfpenny; if above, fifteen pence, and no more: and if any buyer shall fail or neglect to make entry with the clerk, as aforesaid, he shall forfeit forty shillings for every such offence; and if the clerk shall refuse or neglect to make such entry, he shall forfeit ten pounds for every such offence to the party injured; to be recovered by action of debt, in any court of record within this island, wherein no essoin, protection, or wager of law shall be allowed. 

II. PROVIDED nevertheless, that this clause, or any thing therein contained, shall not be construed to extend to oblige any person or persons to make such entry of slaves at their first importation into this island; any thing in the above clause to the contrary notwithstanding."

III. AND whereas great inconveniences have arisen on account of the great distance of several of the parishes in this island from the Supreme Court of Judicature, the clerk of the peace, or his lawful deputy, being obliged (in all cases where it is necessary to give the said toll-books in evidence) to attend at the said court with the original toll-books kept in such parishes, to the great expense and charge of such officers, and to the great risk and danger of impairing or losing such toll-books: in order to prevent the like inconveniences for the future, we your Majesty's most dutiful and loyal subjects, the Assembly of this your Majesty's island of Jamaica, most humbly beseech your Majesty that it may be enacted, be it therefore enacted by the Governor, Council, and Assembly of the said island, and it is hereby enacted and ordained by the authority of the same, That from and immediately after the passing of this act, in all trials where the right and title of any negro or other slaves shall be called in question, a copy of any toll already made, or that may hereafter be made, attested under the hand of the clerk of the peace, or clerk of the vestry, keeping such toll-books, shall be deemed, adjudged, and taken as good and sufficient evidence in all such trials, as if the original toll-book, where such toll had been entered, had been produced: And for every copy of any of the said tolls, attested as aforesaid, the clerk of the peace, or clerk of the vestry, shall be entitled to demand and receive the sum of five shillings, and no more. 

IV. AND whereas the fees allowed in and by the act herein before in the part recited, to be taken by the clerks of the peace or clerks of the vestry, for entering tolls of slaves in the toll-books, have been found to small; be it therefore enacted by the authority aforesaid; That from and after the passing of this act, such clerks of the peace, or clerks of the vestry, shall, for the entry of every toll they shall make, be entitled to ask, demand, and receive the sum of five shillings, and no more; any law, custom, or usage to the contrary notwithstanding.