English translation of a Bando or Proclamation of Governor Chacon respecting the grant of Lands.

27th July 1785.

In this port of Spain, in the island of Trinidad to windward, on the 27th of July 1785, his Excellency Joseph Maria Chacon, captain of a frigate in the royal navy, governor and commandergeneral of this island, and sub-delegated intendant thereof, and commissioner for the crown lands, by our lord the king, Declared,

That the zeal and patriotism which have animated him since the period that his Majesty was pleased to invest him with the command of the establishment and population of thisvaluable colony, have not allowed a moment's repose and relaxation, having been constantly employed in procuring information, combining and corrying into execution the most efficacious means for the exact and punctual furtherance of the intentions of his Majesty, and the removal of those obstacles, which have hither to rendered abortive the wise regulations adopted by our ministry, for the prosperity of the agriculture and commerce of this island, and frustrated the exertions of the predecessors of his Excellency in this government. Intent upon these interesting objects, his Excellency has discovered, by the clearest evidence, that one of the principal causes of the decline in which his Excellency found the agriculture and population, on his entering upon the administration of this island, contrary to what he might expect from the assistance given to those previously entrusted with this business, is, the confusion, contradiction and uncertainty in which the property and appartenances of the lands are involved in this island, from the arbitrary occupancy thereof by the ancient Spaniards, without previous form, concession, admeasurement, or demarcation of boundaries, as has been wisely provided by the fundamental laws of all civilized nations, as also by those which govern these dominions of America; in somuch, that, although the ri

chest and naturally most fertile lands in this jurisdiction are actually wild and uncultivated, scarce is there a spot remaining that can begranted to new colonists, which is not claimed as the property of the aforesaid Spaniards, without any other tille than their own voluntary occupancy, or that of their ancestors; the excess in this respect having been carried so far, that a species of emolument or traffic has been formed most prejudicial to the magnanimous purposes of his Majesty in this island; for these same Spaniards, whose poverty and habitual indolence incapacitate them from cultivating and giving a real value to their pretended properties, sell them at exorbitant prices to foreign settlers; and what is more, many of those who conceive themselves proprietors of almot all the uncultivated lands of the island, abandoning these, proceed to cultivate the crown lands, which might be granted to new colonists, who would work them with advantage; having no other object in this than afterwards to sell this pretended property at an exorbitant price. From whence has proceeded, and continues to proceed, a chaos of confusion, perplexity and controversy, in the grant of lands; so that many foreigners, who have come to this island with the determination of settling, have found themselves in the necessity of quitting it, to avoid paying for the land at the arbitrary caprice of the aforesaid Spaniards, or involve themselves in the disputes and litigations which their grants were attended with, as is clearly proved by the many acts and suits of this kind, which were pending af the time his Excellency entered upon this government, which is confirmed by the issue of the proceedings recently instituted by Mr. Michael de Gourville and many others, who solicited grants of uncultivated land in wood, in the quarter of Saint Josef. In consequence whereof, and this being an object to which it is necessary that government should immediately direct its attention, and requires to be explained and established upon determinate and incontestible principles, to obviate in future similar contradictions and litigations, as contrary to the spiritof good order, equity and justice, which it is desirous of inspiring into the minds of all its subjects, it has resolved upon the declaration containing the following articles, the exact and indispensable observance whereof is hereby strictly enjoined.

Are declared as crown lands, and belonging to his Ma

jesty, all those lands which have not been alienated by a formal title of concession, admeasurement and line of boundary, in conformity to the laws of the Indies, or royal ordinances respecting the population and cultivation of this island.

2d. In the decision of those causes or matters now pending with the fiscal, respecting uncultivated lands, immemorial possession will not be admitted as a sufficient title, it being his Majesty's intention to possess thereof the property and dominion, against whose interest there is neither usucaption nor prescription, as being injurious, in this case, to the welfare of the state and the common interest of the nation.

3d. That all those inhabitants who hold, from a distant period of time, ungranted land, whether by inheritance of their ancestors or other relations, or because they have taken possession of them by their own will, the same being cultivated, and a value thereto given, will be the first entitled to a gratuitous grant thereof of property in preference to other claimants, on condition that in the space of tree months they present themselves to this government, in order to obtain their title of concession, according to the royal ordinance of population, under the penalty, to those who shall not so present themselves within the said term, of losing all their right and claim thereto.

-4th.

As it happens that many inhabitants have inherited of their parents various lands, which although not granted, have been adjudged to them in a certain sum, in conjunction with other co-heirs; it is hereby declared that, whenever such lands, by reason of their being uncultivated, shall be ceded to some neu colonist, this shall make good the sum in which they shall have been adjudged, the same being proved by proper documents; and the same compensation shall take place under the circumstance of such inhabitants having purchased the lands of other individuals, whose claim is founded on a similar right.

5th. All the ancient Spanishin habitants, who, without title of property and concession, shall claim lands in different parts covered with woods, by their not having the means to clear them, shall within the term of three months, make choice of the situation in which they wish to establish themselves, and present themselves in order to obtain a grant thereof, according to the ordinance of population. The crown lands remaining in benefit

of his Majesty, to bestow them upon others, who will clear and cultivate them. 6th. As the ambition of many Spaniards is carried to such an excess, that although they are unable to put a single quarrée of land in cultivation, they pretend to be proprietors of considerable portions in different quarters, and quitting these, pass over to the crown lands, and thereon employ the little labour they are capable of; these persons must likewise make election, with in the said term of three months of the situation most suitable for their establishment, whether on their pretended property, or on the crown lands. The surplus land remaining in benefit of his Majesty, as is provided in the preceding article.

7th. The spirit of this ordinance being to remove every impediment whatever to the cultivation of the lands, it is declared, that should the legitimate possessor not have the means to work them, they shall be granted to others who may demand them with sufficient strength, these paying to the proprietors the sum or value for which they were obtained, whether in payment of a credit, gift, purchase, or other such means, leaving them such a portion of land which they may be capable of cultivating, in conformity to the ordinance of population.

8th.

From the preceding article are excepted all those new colonists, who possess any land with the title of this government, under condition of conforming to the regulation contained in the said royal ordinance of population.

9th. His Excellency not wishing to injure any persons who have bonâ fide employed their funds by renting lands in the occupancy of Spaniards, which have not been granted to them, whenever these shall be granted, in consequence of their being abandoned and uncultivated, to some other colonist, this shall be bound to secure such rentor tribute on the said lands so charged, or redeem it as it may suit his interest.

10th. Whenever this government shall grant crown lands, and any one shall have cultivated a part thereof, he shall be dispossessed of it, under condition of his being paid the value of the plantations or provisions that may be found thereon, and other have incurred on his establishment.

expenses

he may

And, that the above Articles might be observed and carried

into execution in all their parts, his Excellency ordered them to be published in the usual places of this port, and copies thereof to be fixed up, and others to be sent to the town of Saint Joseph de Oruña, valley of Tacarigua, and to all the commandants of quarters, that they might publish them in their respective districts; and another copy to be transmitted to his Majesty for his royal approbation. And his Excellency decreed, ordered, and signed this act, with the advice of his council, in port of Spain, whereof I give faith.

Joseph Damian DE CUENCA.

Joseph Maria CHACON.

Before me :

Louis CENTENO,

Secretary fiscal.

PROCLAMATION

BY HIS EXCELLENCY THE GOVERNOR OF TRINIDAD.

In the Port of Spain, Island of Trinidad, April 27th 1789, Don José María Chacon, Colonel of the Army, Governor and Commander in Chief of this Island, Subdelegate General of the Royal Administration said: That after having examined the Register of the year 1784, His Excellency observed with great pleasure and satisfaction, the considerable increase of the population of the said Island, whereby a change in the civil and political constitution of the said Island became necessary, for the purpose of securing an easy and prompt administration of justice, and for a due observance of the fundamental Laws of our government in like cases; with these important views and without prejudice to the principal objects of the particular Commissions with which His Majesty has