committee was appointed to bring in a bill for remedying and preventing several 
irregularities, inconveniences, and arbitrary proceedings which had lately 
appeared in the courts of law and equity in the island. The committee was 
instructed inter alia to insert a clause directing observance by the courts of 
the Statute of Frauds in all cases, as if enacted in the island. 43 But following 
another committee report that a provision declaring the laws of England in 
force would obviate specific provisions about judicial conduct, 44 there was 
passed in 1722/3 an "Act for making His Majesty's revenue perpetual and 
augmenting the same and continuing and declaring what laws are in force 
in the Island." By this it was enacted that all the general known laws, statutes, 
customs, and usages of England concerning the life, liberty, or property of the 
subject in force in England on December 14, 1661, and all other English 
statutes made since that date either declaratory thereof or for the better enforcing, 
regulating, and explaining thereof, or for the amendment of the law, 
or for the common advancement of justice, or for securing the rights, liberties, 
or properties of the subject were to be laws of Jamaica mutatis mutandis. 45 
The act was disallowed on August 6, 1723; one objection made was that a 
clause therein proceeded upon the supposition that the Statute of Frauds was 
law in Jamaica, "but it has been determined in Councill that the said Statute 
is not in force there." 48 
The Jamaicans remained undaunted. In 1724 a trespass and ejectment action 
was brought in the Supreme Court against one Thomas Barrett by the 
lessee for a term of years of two parcels of land in St. Catherine's parish. This 
land had been devised to lessor Barrow Harris as residuary legatee under the 
will of one Edward Harris. The defendant pleaded not guilty; the jury in a 
special verdict found the aforesaid will in the handwriting of the testator, but 
that it was neither signed by the testator nor subscribed by any witnesses. Also 
found were the provisions of the Statute of Frauds requiring the signing of a 
will by the testator and subscription in the presence of the testator by three 
or four credible witnesses. In November the court adjudged the defendant not 
guilty and awarded £2. costs. 
A writ of error to the Court of Errors was obtained; in the assignment of 
errors it was alleged that by the laws of Great Britain in force in the island 
and by the laws of the island the will was valid, notwithstanding the Statute 
of Frauds. 47 The Court of Errors proceeded to hear argument on January 27, 
43 See 2 ibid., 427. 
44 2 ibid., 456. 
45 3 APC, Col., #45; Whitson, op. cit., 144-47. 
46 3 APC, Col., #45; 2 Journals Assembly 
Jamaica, 486-89. See also the third objection 
to the act mentioned in the Assembly report of 
Oct. 23, 1723 (2 ibid., 472-74)- 
47 The record in Doe ex dem. Harris v. Barrett 
is set forth in 1 MS Jamaica Court of Errors 
Proceedings; sub January 27, 1724/5. Another 
cause involving the same issues was agreed by 
the parties to be decided by the argument in 
this cause.