« EelmineJätka »
No. 1. fied to serve as jurors as aforesaid, provided always that the followAct 8 G. 4, ing persons shall not be liable to serve on juries directed by this c. 9. Act: That is to say, the Receiver-General and Treasurer, all
officers of the Revenue Department, the Colonial Secretary, the Police Magistrate and Provost Marshal, the Attorneys and Officers of the Supreme Court, Ministers of the Church of England and of dissenting congregations tolerated by law, physicians, surgeons, apothecaries, pilots of the roads and anchoring places, in and about the said islands, persons above sixty years of age, and sick, maimed,
or disabled persons. Persons incom III. That the following persons shall not be competent to serve petent to serve. upon any of the said juries : that is to say, persons convicted of
treason, murder, or felony, persons who have stood in the pillory, persons who have been convicted of perjury, madmen, lunatics, or
idiots. Coroner and IV. That it shall and may be lawful for the said Coroner or any Constable may lawful constable by virtue of his warrant, to enter into any house, enter into premises and
store, or lot, as well as on the highway, for the purpose of summonenforce attend- ing twenty-four persons duly qualified to serve as jurors, out of
which number a jury shall be drawn, and the said Coroner is hereby authorized and empowered to enforce the attendance of witnesses, as also the attendance of a surgeon or physician in cases of neces
sity. Penalty for non V. That if any person or persons who shall have been duly sumattendance.
moned to attend as a juror or jurors, witness or witnesses, at the place appointed, or where the inquest is to be held or taken, shall neglect or refuse to attend, or shall after attendance absent himself or themselves, without leave from the Coroner; then and in every such case, the Coroner shall give in upon oath a list of such persons as shall neglect or refuse to attend, or after attendance shall absent themselves without his leave, to the Judge of the Supreme Court at the said islands, at the then next meeting of the said Court, who is hereby authorized and empowered to fine every such
defaulter in a sum not less than two, or more than four pounds ;* Mode of reco and if such fine shall not be paid within the space of forty-eight vering penalty. hours, the same shall be levied by warrant under the hand of such
Judge, by distress and sale of the goods and chattels of the offender, and paid into the hands of the Receiver-General and Treasurer of these islands in aid of the general revenue.
No. 2.-4 Wm. 4, ch. 25. An Act for improving the Administration Act 4 W. 4,
of Criminal Justice in these Islands, for suspending certain Acts therein mentioned, and for other purposes. (Feb. 15th,
1834.) Coroner to put IV. That every Coroner upon any inquisition before him taken, evidence taken whereby any person shall be indicted for manslaughter, or murder, by him before or as an accessary to murder before the fact, shall put in writing a Jury. the evidence given to the jury before him, or as much thereof as
All sums mentioned in this Act are at the rate of Old Bahama Currency. See note, page 41.
shall be material, and shall have authority to bind, by recognizance,
No. 2. all such persons as know or declare anything material, touching Act 4 W. 4, the said manslaughter or murder, or the said offence of being accessary to murder, to appear at the next sitting of the Supreme Court, then and there to prosecute or give evidence against the party charged ; and every such Coroner shall certify and subscribe the same evidence, and all such recognizances, and also the inquisition before him taken, and shall deliver the same to the proper officer of the said Court.
V. That if any Justice or Coroner shall offend in anything con- Justices and trary to the true intent and meaning of these provisions, the Court, Coroners may
be tried for to whose officer any such examination, information, evidence, bail
neglect at the ment, recognizance, or inquisition, ought to have been delivered, discretion of shall, upon examination, and proof of the offence, in a summary the Judges of manner, set such fine upon every such Justice or Coroner, as the the Supreme
Court, Court shall think meet.*
No. 3.–4 Vic. ch. 30. This Act declares several Acts of Parliament No. 3.
to be in force in these Islands ; and amongst them, the following Act 4 Vic.
Person found Felo-de-se.” (8th July, 1823.)
the interment of the remains of persons, against whom a finding of felo-de-se shall be had, should be altered and amended; Be it, &c., That from and after the passing of this Act, it shall not be lawful for any Coroner or other officer having authority to hold inquests, to issue any warrant or other process directing the interment of the remains of persons against whom a finding of felo-de-se shall be had in any public highway; but that such Coroner or other officer shall give directions for the private interment of the remains of such person, felo-de-se, without any stake being driven through the body of such person in the churchyard or other burial-ground of the parish or place in which the remains of such person might, by the laws or customs of England, be interred, if the verdict of felo-de-se had not been found against such persons, such interment to be made within twenty-four hours from the finding of the inquisition, and to take place between the hours of nine and twelve at night.
II. Provided, nevertheless, That nothing herein contained shall uthorize the performing of any of the rites of Christian burial on the interment of the remains of any such person as aforesaid, nor shall anything hereinbefore contained be taken to alter the laws or usages relating to the burial of such persons, except so far as relates to the interment of such remains in such churchyard or burial-ground, at such time and in such manner as aforesaid.
* For the other sections of this Act see ante, this Part, Class VII., No. 1.
No. 4. Act 10 Vic.
No. 4.-10 Vic. ch. 7. This Act declares in force in the Colony, the
Act of Parliament 9 & 10 Vic. ch. 62, entitled, “An Act to abolish Deodands.” By which it is enacted, that there shall be no forfeiture of any chattel for or in respect of the same having moved to, or caused the death of man; and no Coroner's jury sworn to inquire, upon the sight of any dead body, how the deceased came by his death, shall find any forfeiture of any chattel which may have moved to, or caused the death of the deceased, or any deodand whatsoever ; and it shall not be necessary in any indictment or inquisition for homicide, to allege the value of the instrument which caused the death of the deceased, or to allege that the same was of no value.
STIPENDIARY JUSTICES AND THEIR JUDISDICTION.
MASTERS AND SERVANTS.
No. 1 Act 3 Vic.
No. 1.-3 Vic. ch. 1. An Act for regulating the relative Duties of
Masters and Servants, for providing for the Apprenticing of
Children, and for other purposes. (June 21, 1839.) THEREAS, in and by your Majesty's Royal Order in Council,
bearing date at your Majesty's Court, at Buckingham Palace, on the fourth day of February, in the present year of our Lord, One thousand eight hundred and thirty-nine, your Majesty was pleased to declare your disallowance of two certain Acts of the General Assembly of these islands, the one made and passed in the sixth year of the reign of His late Majesty, King William the Fourth, entitled, “ An Act for the Regulation of Labourers and other Servants, entering into Agreements for fixed Periods, and for determining Complaints between them and their Employers ;” and the other, an Act passed in the seventh year of the reign of his said late Majesty, entitled, “ An Act to amend an Act, entitled, ' An Act for the Regulation of Labourers and other Servants, entering into Agreements for fixed Periods, and for determining Complaints between them and their Employers.'” And, whereas, it is manifestly expedient that provision should be made by law for regulating the relative rights and duties of masters and servants, and the mode of entering into contracts for service; May it, &c., That no contract of service shall be of any force or effect within the Colony, unless the same shall be actually and bona fide made and entered into, upon land within the limits of the Government of the Turks and Caicos; nor shall any contract of service be in force within the said islands for any greater or longer space of time than one calendar month, from the date thereof, unless the same shall be reduced into writing, with all the formalities hereinafter mentioned, and particularly designated.
Regulations as to Contracts of service.
II. That no written contract of service shall be valid, or binding
No. 1. upon the parties thereto, or be of any force or effect whatsoever,
Act 3 Vic. unless it shall be signed with the name, or, in case of illiterate persons, with the mark, of each of the contracting parties, in the presence of a Stipendiary Justice of the Peace, nor unless such Stipendiary Justice shall subscribe such written contract, in attestation of the fact, that it was entered into by the parties voluntarily, and with a clear understanding of its meaning and effect.
III. That such written contracts, as aforesaid, shall not be bind- Duration of ing or valid, for any greater or longer period than one year from Contracts. their respective dates. And that every such written contract shall expire at the close of the time of service therein stipulated for, without
notice on either side being given. IV. That every such written contract, as aforesaid, shall specify, Nature of emas accurately as may be, the general nature of the employment in ployment, &c.,
to be specified which the servant is to be engaged ; and when any such contract
in Contract. is for work to be performed, not by the piece, but by time, it shall also, in like manner, specify the number of hours of daily labour, and the hours of the day at which such labour is to commence, to be suspended, to recommence, and to terminate ; and in cases in which the remuneration, or any part of it, is to be made, not in money but in kind, every such contract, as aforesaid, shall specify, with all practicable precision, the nature, amount, and quality of the articles to be supplied to the servant, and the time when, and the place or places at which such articles are to be delivered.
V. That it shall not be lawful to pay the wages of any servant Mode of payin kind when the same has been contracted to be paid in money ; ment specified nor to pay
VI. That all contracts for service shall be drawn up as nearly as Form of Conpossible in the following terms, namely: Be it remembered, that tract. on this
in the year of our Lord
and C. O., of appeared before me, E. F., a Stipendiary Justice of the Turks and Caicos Islands, and in my presence signed their names, or marks (as the case may be), to the following contract of service. The said A. B. agrees to hire the services of the said C. D., and the said C. D. agrees to render to the said A. B. his services in the capacity of a
calendar months, commencing on the day of
instant, and terminating on the day of
And it is further agreed between the said parties that the said C. D. shall be employed in (field labour), or as a (household servant), or as (a boatman) as the case may be, and that the hours of labour of the said C. D. shall not be more than
daily, commencing at the hour of and terminating at the hour of
with (one hour) or (as the case may be,) for breakfast, at
of the clock, and (one hour), or as the case may be,) for dinner, at
of the clock daily. And it is further agreed, that the said A. B. shall pay to the said C. D., as such servant, as aforesaid, wages at and after the rate of
by the (day, week, month, or year, as the case may be). And that such wages shall be paid on the
day of each (week or month, as the case may be).
in the year
No. 1. And it is further agreed, that the services of the said C. D. shall be Act 3 Vic. partly or wholly (as the case may be) remunerated by the delivery c. 1.
to the said C. D. of the various articles and allowances specified in
C. D. The preceding agreement was signed by the above-named parties in my presence, on the day and year above written, voluntarily, the same being, as far as I am able to judge, fully understood by them respectively. (Signed) E. F., Stipendiary Justice.
VII. That it shall and may be lawful for the father, or in case apprentice of a fatherless child, the mother, or in case of total orphanage, the children above
guardian or guardians of any child above the age of ten years, and 10 and under 16.
under the age of sixteen years, to apprentice out such child to any
trade in the practice of which any peculiar art or skill is required, Proviso,
for any term not exceeding five years : Provided always, That it shall not be lawful to apprentice out such child as a labourer in husbandry or in the manufacture of colonial produce; any law,
usage, or custom to the contrary notwithstanding. Persons of 16 VIII. That it shall and may be lawful for any person of the full and upwards may bind age of sixteen years or upwards, to apprentice himself or herself themselves.
out for any term not exceeding five years, to any trade, in the pracProviso. tice of which any peculiar art or skill is required : Provided how
ever, that nothing herein contained shall authorize, or be construed to authorize, an apprenticeship of any kind, or under any circumstances, of persons as labourers in husbandry, or in the manufacture of colonial produce ; but all engagement of service for such works shall be made in pursuance of, and in accordance with, the first, second, third, fourth, fifth, and sixth sections of this Act, and not
otherwise. The law of IX. That the law of England relative to apprentices, shall, as England as to
far as may be practicable, be applied to cases of apprenticeship in apprentices how these islands, with this exception, that the powers for enforcing or applicable.
dissolving contracts of apprenticeship, and for authorizing the making of such contracts, which in England are vested in Justices of the Peace, shall, within these islands, be vested in and exercised
by the special Stipendiary Justices of the Colony. Jurisdiction of X. That the Stipendiary Justices of the Colony shall have an Stipendiary exclusive jurisdiction for the enforcement of all contracts of service, Justices.
and for imposing of all penalties for the breach, neglect, or nonperformance thereof, which jurisdiction shall be exercised by them
in a summary manner. Governor to XI. That for insuring regularity and method in the exercise by have prepared
the said Stipendiary Justices, of the summary jurisdiction vested in forms of
them by this Act, it shall and may be lawful for the President to cause to be prepared forms of proceedings, to be observed on lodging complaints ; in issuing summonses ; in the citation of witnesses; in the pronouncing awards or sentences; in issuing warrants or orders for the execution of such awards or sentences; and
generally, for the complete carrying out of the powers of the To whom to be Stipendiary Justices into execution ; which forms shall be sub
mitted to the Chief Justice of the Colony, or the presiding Judge