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340 POLICE REGULATIONS. ---VAGRANTS.—LUNATICS. [Part IV. No. 1.
be paid, then the said police or other magistrate as aforesaid, is Act 4 W. 4, hereby authorized and empowered to commit the person or persons
so offending to the common gaol for any term not exceeding thirty Duty of Magis
days; and if it shall appear by such report or any other authentic respect
information to the said magistrate, that any such passenger hath not to passengers
any visible means of livelihood, or is, or hath been considered in not having any the place or places from whence he or they last came, in the light visible means of livelihood,
of an idle and disorderly person, or a rogue, vagabond, or swindler, &c.
such magistrate shall immediately thereupon report the same to the
be bound without the limits of the Presidency; and every master or other person having the command of such vessel refusing to obey and comply with such order or warrant, the sureties of such vessel shall forfeit and pay the sum of two hundred pounds, to be sued for and recovered in the Supreme Court of these islands, by bill, plaint, or information in the name of the king; all which sums, when recovered, shall go and be applied in aid and support
of this Government. Rogues and
VII. And whereas such rogues, vagabonds, and others, are vagabonds
frequently of such evil and wicked dispositions as to be callous to confined in the Gaol, how dealt shame, and indifferent to punishment and correction, and are oftenwith.
times confined in the common gaol for offences not within this Act, to the expense and inconvenience of this Government; Be it, &c., That whenever any such person or persons so confined shall appear to be unable to maintain himself, herself, or themselves in the said gaol, he, she, or they, if not British subjects, may, by order of the President for the time being, by and with the advice of his Majesty's council, upon application to him made, by any two or more magistrates, be sent to any port or place without the limits of the Bahama Islands, the passage money and other necessary expenses of such person or persons to be paid out of the public Treasury of these islands, by warrant under the hand and seal of
the said President. Lunatics, how VIII. And whereas there are sometimes persons who by lunacy dealt with, or otherwise are furiously mad, or are so far disordered in their
senses that it may be dangerous for them to be permitted to go abroad ; Be it, &c., That it shall and may be lawful for any two or more Justices of the Peace, where such lunatic or mad person shall be found, by warrant under their hand and seal directed to any constable, to cause such person to be apprehended and kept safely locked up in some secure place within the island or district where such lunatic or mad person shall be found, until the care and custody of such lunatic or other mad person shall be demanded by his or her nearest relations or friends, or until he or she shall be removed out of such custody as aforesaid, by legal process out of Chancery or otherwise ; and the reasonable charges of keeping and maintaining such person during such restraint, by order of the
magistrates as aforesaid, shall be paid and satisfied (the charges being No. 1. first proved upon oath) by order of any two or more Justices of the Act 4 W.4, Peace directing the Provost Marshal or any constable to seize and sell so much of the goods and chattels of such person as is necessary for that purpose, and to account to the Supreme Court for what is so seized and sold; and in default of such goods and chattels, the same to be paid for out of the public Treasury.
IX. Any person sued for anything done in pursuance of this Act, Persons sued may plead the general issue, and give the special matter in evidence; may plead the and if judgment be given for defendant or plaintiff, discontinue or general issue. be nonsuited, judgment shall be entered up with double costs for such defendant. X. Duration, ten years.*
SECOND DIVISION.-UNLAWFUL CUTTING AND CARE
LESS BURNING OF TIMBER, &c. No. 2.-4 Wm. 4, ch. 32. An Act the better to prevent the unlawful No. 2.
Cutting of Timber, or other Wood, or Bark, on Lands within this Act 4 W. 4,
Government, without sufficient authority. (March 20th, 1834.)
HEREAS an unlawful practice prevails among these islands PreamBLE. lands, and those of your Majesty's subjects, and carrying away the same without your Majesty's permission, or that of the other owners of the soil; May it, &c., That from and after the first day of June, Vessels whose in the year One thousand eight hundred and thirty-four, each and cargo shall every vessel and boat arriving at any port or place within these consist of islands, where there may be a custom-house, or an officer of
must be rerevenue legally stationed, the cargo of which shall consist either
ported by the wholly or in part of timber usually employed, either for use or Master, at the ornament, in the building of ships or houses, or as a material for Custom-house. furniture, or the like, or of lignum-vitæ, firewood, (excepting buttonwood for fuel) or of logwood, fustic, brazilletto, or other dye-wood, or of medicinal or other bark, or the like, of the growth and cut, and taken on and from any island or islands, quay or quays, within this Government, shall, by the master or other person having charge of such vessel, boat, or cargo, be reported to such custom-house or officer of the customs with a manifest in writing of such cargo as aforesaid, setting forth the quantity and quality of the same, and every part of the same respectively: and stating on and from what lands, whether of His Majesty's or of private persons, and what person or persons particularly, the same, and each, and every part of the same, had been so cut and taken respectively, and at what time particularly: and there shall be at the Master of vessame time produced by the said master or other person having sels and boats charge of such vessel, boat, or cargo, a license or permission in
to produce a writing, duly dated, if such timber, wood, bark, or the like, shall ting Timber, have been cut on lands belonging to his Majesty, from the Presi- &c. dent; and if on the lands of any private person or persons, from
* Continued by Act 7 Vic. ch. 3, for ten years, from 9th January, 1844 ; and further by Ord. 10, 1851, and 2, 1857, for five years, from 6th November, 1857.
license for cut
No. 2. such person or persons, or his or their lawful representative or Act 4 W. 4, representatives, showing that such timber, wood, bark, or the like,
had been so cut within six calendar months after the date of such license or permission, should no particular term of time be therein named, or any shorter or longer term that may be named in such license or permission, for the operation of the same: and any officer of the revenue is hereby authorized to oblige the parties so
importing the same to verify the said report and statements, and to Penalty should authenticate the license or permission therewith produced : and no report be
should no such report be made within twenty-four hours after the made within
arrival in port of such vessel or boat (Sundays excepted), unless twenty-four hours after from some good and sufficient cause shown for the neglect: or arrival, and for should any such report, manifests, or statements, as aforesaid, be
untrue in any respect, (excepting trifling errors as to the alleged quantity, quantities, or measurement of such cargo, or any parts thereof, respectively ;) or should any such license or permission, as aforesaid, be counterfeited or forged, or fraudulently erased or altered, or the like, or should any part of such cargo be landed before such report shall have been made, as aforesaid, together with the manifest and statements, as aforesaid, according to the true intent and meaning of this Act, then, and in every such case, the cargo of timber, wood, bark, or the like, as aforesaid, shall be and
become forfeited to His Majesty, his heirs, and successors. By whom II. That all seizures in virtue of this Act shall and may be seizures may
made by any officer of the Customs or other person duly authorized be made.
to make seizure in similar cases of offences against the laws of trade or navigation within these islands; and if such seizures be made in or near the islands, the validity of the seizure may be forthwith tried in a summary way by any two Magistrates to whom the facts of the case shall be submitted under oath, and who shall be satisfied that the party in possession of or claiming the property so seized at the time of such seizure shall have had due notice of the proceedings so had against the same; and on condemnation of the same, the same shall and may be publicly sold as the said Magistrate shall direct; and the proceeds, after the payment of all costs and charges shall go, one moiety to the seizing officer prosecuting for the same, and the other moiety to His Majesty, in aid of defraying the expenses of this Government; but if the seizure shall take place at or near any island or quay, other than Turks island, the seizing officer is hereby authorized and required to take or send the property so seized to Turks Islands, as may be most convenient for trial, condemnation, and sale, as aforesaid.
III. This clause has reference to the Island of New Providence
alone. False state IV. That any person who shall verify, as aforesaid, or declare ments, how
to any statement or statements provided for by this Act, knowing punished.
the same or any one or more of them to be false, shall be held guilty of a misdemeanour: and any person forging or counterfeiting any license or permission, or fraudulently erasing or altering any part of a true one, within the meaning of this Act, or using such license or permission, knowing the same to be forged or counterfeited, or fraudulently erased or altered, as aforesaid, shall be held guilty of a misdemeanour, to be tried in both cases in the Supreme Court, and, on conviction, the offender shall be sentenced to fine and imprisonment, at the discretion of the Court.
V. That any person sued for anything done, or alleged to be No. 2. done, in virtue or pursuance of this Act, may plead the general Act 4 W. 4, issue, and under the same give this Act, and all special matter in evidence: and in case of judgment for the defendant, or discon
Persons sued tinuance of suit, the defendant shall have treble costs. VI. Duration, five years.
may plead the general issue.
No. 3.-6 Wm. 4, ch. 7. An Act for the summary punishment of No. 3. persons Burning and Destroying the standing Woods, and other Act 6 W. 4,
c. 7. property of His Majesty and his subjects, by the careless use of
Fire. (May 26th, 1836.)
persons only who shall be found guilty of unlawfully and maliciously setting fire to any standing wood on these islands, or to any plantation of trees, or any stacks of wood, timber, or lumber, or to any crops on plantations, whether standing or cut down, are criminally liable to punishment; And whereas, from the frequent fires which take place, and are communicated to lands of His Majesty and others, and the consequent destruction of the timber growing thereon, it is expedient to provide for the punishment of persons who, by the careless use of fire, shall be the cause of injury, damage, or destruction to public or private property; May it, &c., Penalty for That from and after the passing of this Act, any person or persons destroying whomsoever, who shall, by the careless use of fire, burn, destroy, property by
the careless use injure, or damage any of the woods, trees, stacks of wood, timber, of fire. lumber, crops on plantations, whether standing or cut down, or any other property whatsoever, being the property of His said Majesty, or of his subjects, as aforesaid, or of any inhabitants of the colony, shall, upon conviction before any one of His Majesty's Justices of the Peace (who is hereby declared to have full power, authority, and jurisdiction, in the premises), forfeit and pay such sum of money as shall appear to the Justice to be a reasonable compensation for the damage, injury, or destruction committed, not exceeding the sum of ten poundst Bahama currency; which sum of money Penalty, how shall, in the case of private property, be paid to the party aggrieved, disposed of. except where such party shall have been examined in proof of the offence; and in such case, or in the case of property of a public nature, or wherein any public right is concerned, the money shall be paid into the Public Treasury of these islands, and applied in aid of the expenses of this Government; or subject to the disposal of the Crown, as the case may be : and if such sum of money, Remedy in together with costs (if ordered), shall not be paid, either immedi- default of ately after the conviction, or within such period as the Justice, at payment. the time of conviction, shall appoint, the Justice may commit the offender to the common gaol, workhouse, or house of correction, for any term not exceeding three calendar months, at the discretion of the convicting Justice, unless such sums and costs be sooner paid.
* By 8 Vic. ch. 14, passed 28th February, 1845, this Act is continued in force for five years from that day, and from thence to the end of the then next Session of Assembly; and further continued by Ord. 10, 1851, and 2, 1857, for five years from 6th November, 1857.
+ See note ante, page 41,
THIRD DIVISION.-RETAIL OF SPIRITUOUS LIQUORS.
No. 4.-ORDINANCE No. 1 of 1849. Ord. No.1, 1849. An Ordinance to regulate the Sale of Spirituous Liquors, Wines, and
other Liquors within the Turks and Caicos Islands. (Passed
14th June, 1849. In force 1st December, 1849.) PREAMBLE.
HEREAS it is expedient that the laws now in force within
the Turks and Caicos Islands, regulating the sale of spirituous
liquors and other liquors, should be revised and amended; May it, Quarterly &c., That from and after the commencement of this Ordinance, it meeting of
shall be the duty of the Justices of the Peace of the said islands, Justices
to meet four times in every year at certain times and places, and appointed.
for certain purposes hereinafter mentioned. Licenses in II. And be it further ordained, that all licenses for retailing force, to re spirituous or other liquors, in force at the time of the commencemain good for
ment of this Ordinance, shall continue good and valid, subject to the time for which they
the provisions of this Ordinance, until the expiration of the term were granted.
for which such licenses were originally granted, but that no new license shall be granted, except in accordance with the provisions
of this Ordinance. Days appointed III. And be it further ordained, that the second Tuesday in the for quarterly months of January, April, July, and October in each year, shall be meetings.
appointed for the quarterly meetings of the Justices as aforesaid: and the Police Magistrate is hereby required to give public notice of such meetings, specifying the time and place thereof, and shall ulso notify the same to the several Justices of the Peace, according
to the form hereunto annexed, marked A. Penalty for IV. And be it further ordained, that no Justice of the Peace any Justice
who is interested in the result of any application to be considered interested in
at any such meeting, shall take any part in the proceedings thereof, any application for a
under a penalty of one hundred pounds for every such offence, to Liquor License, be sued for and recovered in the Superior Court of these islands. who takes part in proceedings. Places for
V. And be it further ordained, that at Grand Cay, the quarterly holding meetings of the Justices aforesaid shall be held at the Court quarterly
House, and at Salt Cay, at the Town Hall, and any three Justices, meetings.
when assembled, shall be a sufficient number to proceed to the Number of
business of the meeting; and at all such meetings, the police or Justices requisite.
acting Police Magistrate for these islands, at Grand Cay, or in his absence, the assistant Police Magistrate at Salt Cay, shall preside
as chairman. Not lawful to VI. And be it further ordained, that it shall not be lawful for retail spirits any person whomsoever, within the Turks and Caicos Islands, without a either personally or by any other person on his or her behalf
to retail any spirituous liquors or other liquors, without having first obtained a license for that purpose in manner hereinafter provided for, and unless such license shall be and remain in full
force. Application for VII. And be it further ordained, that all applications for Licenses, how
licenses to retail spirituous liquors on Grand Cay and at the male.
Caicos Islands, or to renew any license already obtained, be sent in, in writing, to the police office at Grand Cay, and in the same