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No. 5. or dispose of any such liquors before sunrise or after sunset; nor Ord. No. 15, shall any such persons, except as hereinbefore excepted, allow any 1855, such liquors sold by him to be drunk in the store, shop, or place
in which such liquors are sold ; nor in the yard attached to such premises where sold.
store, shop, or place, nor elsewhere upon the premises; but shall in all cases require such liquors to be taken away by the purchaser or purchasers, under a penalty not exceeding Five pounds, nor less than One pound, for every such offence.
V. That no person purchasing wines, cordials, liqueurs, or fermented liquors, at any store or place, shall drink the same, or any part thereof, in the said store or place, or elsewhere upon the premises, under a penalty not exceeding Five pounds, nor less than
One pound, for every such offence. Parts of Ordi VI. That the nineteenth clause of Ordinance No. 1 of 1849, so nance No. 1 of far as it prohibits the selling of wine, ale, and porter, or malt liquors, 1849 repealed.
in quantities less than one dozen bottles, shall be henceforth repealed; also the thirtieth and thirty-first clauses of the said Ordi
VII. That the several provisions of the said Ordinance, with reference to the definition of an “unlicensed retailer" (except so far as such definition is inconsistent with anything herein contained), also with reference to penalties on first, second, and third offences; the recovery and appropriation of penalties and fines; the limitation of prosecution, and the allowance of appeal, shall be held to apply to every offence committed under this Ordinance.
VIII. That all sums paid into the treasury for licenses to retail spirituous and other liquors, shall be appropriated towards the support of Her Majesty's Government within these islands.
No. 6.--ORDINANCE No. 13 of 1860.
No. 6. Ord. No. 13,
An Ordinance to amend Ordinance No. 15 of 1855 for regulating the
Sale of Spirituous Liquors, Wines, and other Liquors within the
firmed 21st Feb., 1861.)
no licensed retailer of spirituous liquors shall allow any spirituous or other liquors, sold by him, to be drunk in the store, shop or place in which the same are sold by retail, nor in the yard attached to such store, shop or place, or elsewhere upon the premises, but shall in all cases require such spirits to be taken away by the purchasers; and whereas the restriction aforesaid has been found productive of great inconvenience without corresponding benefit to the public; May it, &c., That the first and second sections of Ordinance No. 15 of 1855 shall be and the same are hereby repealed.
II. And whereas by the third section of the said Ordinance certain days are appointed for the quarterly meetings of the Justices to grant licenses, and for other purposes, and it is expedient that if from any cause a sufficient number of Justices do not attend to transact business, the chairman should have the power of adjourning such quarterly meeting to a future day, Be it further ordained that if at
Quarterly meetings of Justices may be adjourned.
any time a sufficient number of Justices do not attend to constitute No. 6. a legal meeting, the chairman may adjourn the same to a future Ord. No. 13, day, giving notice of the same to the Justices as is required by the 1855. said Ordinance.
No. 7.-ORDINANCE No. 23 of 1860.
Ord. No. 23, An Ordinance to encourage the importation of Ice into these Islands. 1860. (Passed 13th September, 1860. Confirmed 21st February, 1861.) HEREAS in the tropical climate of the Turks and Caicos PREAMBLE.
Islands it is desirable that ice should at all times be readily attainable by the inhabitants, -and whereas from the perishable nature of ice and the consequent risk of loss incurred by its importation, no person will undertake to keep a constant supply of ice without some special advantages are attached to the business of an ice establishment; May it, &c.
I. That any one person who shall undertake to import from time Privileges to time ice in sufficient quantities to supply the inhabitants of attached to these islands, and keep such a supply constantly on hand as will keeping an
ice establishmeet the demand of the same, such person shall be entitled to the following privileges and advantages, to wit: He may establish one or more refreshment room or rooms upon one and the same premises, to which persons may resort and be furnished with refreshments, including spirits of all kinds, wines, and fermented and other liquors of every description.
II. He may sell such wines, spirits, and other liquors by the bottle, or in lesser quantities, provided that the privileges hereby granted shall not be taken to apply to more than one such establishment at Grand Turk, one at Salt Cay, and at such other places as the President and Council shall think proper.
III. That any person desirous of availing himself of the privileges herein granted must observe the following conditions
ist. He must import ice twice in every six months during the Once in each year, in quantities not less than sixty tons at one time, and the six months at same shall be sold to the public at a rate not exceeding one penny
least sixty tons
to be imported. halfpenny per pound.
2nd. He must supply the poor and the prisoners in gaol with ice free of charge upon a certificate from a member of the medical profession that the same is necessary for medical purposes.
3rd. He shall not sell any refreshment on Sunday or before sun. Other condirise, or after nine o'clock P.M. on any other day, under a penalty tions. not exceeding Two pounds.
4th. He shall enter into bond with two sufficient sureties in the To give bond. sum of Fifty pounds each, and such bond shall be taken at the office of the Colonial Secretary in the name of Her Majesty, her heirs, and successors, and shall be conditioned for the maintenance To take out of good order in such refreshment room or rooms, and for the due license. observance of all the provisions of this Ordinance, and upon entering into such bond a license according to the form in the Schedule hereto annexed to keep such refreshment room shall be granted him, renewable annually, for which he shall pay into the public treasury the sum of Twenty pounds.
5th. He shall have a sign with his name painted thereon, with
the words “refreshment room ” in legible characters, and such name Ord. No. 23, and words shall be displayed in a conspicuous place in front of the 1860. refreshment room or rooms.
6th. Ile shall not suffer any person or persons to gamble or get drunk in or about any such refreshment room under a penalty not
exceeding Five pounds. A bonus of
IV. That upon producing a certificate from the Receiver-General £25 every that the quantity of ice required by this Ordinance has been imsix months given.
ported by the party so licensed, such party shall be entitled to receive once in every six months a bonus of Twenty-five pounds by
warrant in the usual manner. Offences, how
V. That all offences against this Ordinance may be heard and tried.
determined before two Justices of the Peace, of whom one shall be a Police or assistant Police Magistrate, and all fines and penalties not exceeding Twenty pounds may be made and levied on the goods and chattels of the offender, by warrant under the hand of
the Justices before whom such offender was convicted. Penalties over VI. That any penalty or fine to a greater amount than Twenty £20, how re pounds may be sued for, and recovered in any Court of competent covered.
jurisdiction. And all such penalties and fines when recovered shall be reserved for the use of Her Majesty and her successors, and shall be paid into the public treasury of these islands in aid of
the support of the government thereof. Limitation VII. That every complaint or information for any offence against fourteen days.
this Ordinance shall be made, and the party charged therewith summoned, within fourteen days after such offence committed, and
not afterwards. Appeal.
VIII, That any person convicted before two Justices of any offence committed against this Ordinance, may appeal from such conviction to the Supreme Court of these islands in accordance
with the provisions contained in Ordinance No. 16 of 1849. Duration five IX. That from the period when this Ordinance shall take effect years.
in these islands, the same shall continue in force for the space of
No. 8.-ORDINANCE No. 17 of 1860.
No. 8. Ord. No. 17,
An Ordinance to prevent Gambling by Games of Chance or other
Devices. (Passed 4th May, 1860. Confirmed 17th Oct.,
1860.) HEREAS the practice of gambling by means of throwing
dice, and by other devices, has increased within these islands, and it is expedient that the same should be prevented ; May it, &c.
That it shall not be lawful for any person or persons to offer any property or stake whatever to be played for, whether by throwing dice or by any other device; and any person offering any property or stake for such a purpose shall forfeit a sum not exceeding one pound; and any person who shall play for such property or stake by any of the means aforesaid shall forfeit and pay a sum not exceeding Ten shillings.
Penalties for gambling.
II. That it shall be the duty of every constable, whether paid
No. 8. or unpaid, to report to the Police Magistrate of the island or dis- Ord. No. 17, trict any offence against this Ordinance which may come to his 1860. knowledge, and any person may complain of any such offence : and
Constables to every person upon whose information or complaint any conviction under this Ordinance may be made, shall be entitled to receive gaming. one half of the fine or penalty imposed ; and the other half shall be reserved for the use of Her Majesty, her heirs, and successors, and be paid into the public treasury, and applied towards the sup- . port of the Government of these islands.
III. That all penalties and forfeitures incurred under this Ordi- Penalties to be nance shall be recovered in a summary manner before the Police recovered in or assistant Police Magistrate, and may be made and levied of the a summary goods and chattels of the offender; and in default of goods and chattels, it shall be lawful for any such offender to be imprisoned for any term not exceeding one month.
IV. That nothing herein contained shall be taken to apply to Where Ordipersons who may play at any game not depending entirely upon nance does not chance for such moderate stake in money as may be in accordance apply. with the means of the parties playing.
FIFTH DIVISION.-CATTLE ACT AND AMENDMENTS.
Laws relative to Damages done by Cattle running loose, and Act 4 Vic.
other Subjects connected therewith. (25th February, 1841.) I. That from and after the commencement of this Act it shall be Provision lawful for any two Justices of the Peace, (of which, at Turks made for erecIslands, the Police Magistrate shall be one,) to authorize the erec
tion of Public
Pounds. tion or use of one or more public pounds in each town, district, or settlement within these islands, in which pounds all cattle liable to be impounded shall and may lawfully be kept and detained.
II. That when any such pound shall be erected on private land Fees of Poundat the expense of the owner or owners, occupier or occupiers of such age regulated. land, it shall be lawful for such owner or owners, occupier or occupiers, or any person by him, her, or them appointed, to demand and receive the several poundage fees hereinafter enumerated : Provided always, That it shall not be lawful to place or detain cattle in any place erected as a pound on private land, as aforesaid, until the owner or owners, occupier or occupiers of such land shall have obtained a certificate from two Justices of the Peace, to the effect that they have inspected the said place, and consider it a fit and proper place for impounding cattle, which certificate shall continue in force for twelve months, and no longer ; after the expiration of which period a new certificate must be granted before such place can be continued as a public pound.
III. That it shall be lawful for any two Justices of the Peace Appointment (of which, at Turks' Islands, the Police Magistrate shall be one,) of Pound to appoint a keeper to each pound (other than those erected on keepers, private land at the expense of the owner or occupier thereof), and the keepers so appointed shall be entitled to have and receive the several feos of poundage hereinafter enumerated.
IV. That from and after the passing of this Act if any cattle Act 4 Vic. shall stray from the lands of the owner or owners thereof, or be
suffered to run at large by such owner or owners, and shall enter the When cattle
land of any other person or persons, it shall be lawful for the party found on pri
upon whose land such cattle shall enter to seize the same and convate land, may vey, or cause the same to be conveyed, within twenty-four hours be impounded. after such seizure, to the nearest public pound: Provided such
pound shall be within five miles of the land upon which such cattlo •have trespassed ; but in case such land shall be at a greater distance than five miles from such nearest pound, then, and in every such case, it shall be lawful for the party aggrieved to detain such cattle on his or her land until satisfaction shall be made in manner hereinafter mentioned : Provided, however, That in every such case, as last aforesaid, the person so detaining such cattle shall, within fourand-twenty hours, give notice of such detention to a Justice of the Peace, and require such Justice to investigate and adjudicate on
the case in manner hereinafter mentioned. Damages done V. That whenever any cattle shall enter on any land under culby cattle, how
tivation, and shall do damage therein, the owner or occupier of such to be awarded.
may, if such damage shall not exceed the sum of three pounds, recover the same from the owner or owners of such cattle before any one Justice of the Peace, who is hereby authorized and empowered to hear and adjudicate on all such cases, to give judgment thereon, and award execution, with cost, in the same manner as in cases of petty debts; and in any such inquiry it shall not be necessary, in order to entitle the party aggrieved to recover such damage, that the cattle committing the same should have been
seized and impounded. Forfeiture VI. That whenever any cattle shall enter on any enclosed land, when cattle
whether under cultivation or not, without committing any particular trespass, and do no particu
damage, for which the owner or occupier of such land shall claim lar damage.
compensation, it shall, nevertheless, be lawful for such owner or occupier to recover, in manner hereinafter mentioned, stipulated damages from the owner or owners of such cattle at and after the rate of two shillings for each head of cattle so trespassing; and if such cattle shall remain on the land of the party complaining more than twenty-four hours, then a further sum of one shilling per diem shall be payable by the owner or owners thereof to the owner or occupier of such land for each and every day during which such
cattle shall remain on such land. Unlawful with VII. That it shall not be lawful for the owner or occupier of any in five miles of land lying within five miles from any public pound to keep penned any Pound to keep stray
or tied up on such land any cattle seized as strays beyond four-andcattle penned
twenty hours, under the penalty of forfeiting to the owner of such cattle one shilling for every hour which each head of such cattle shall be so kept beyond the said twenty-four hours; nor shall it be lawful for the owner or occupier of any land lying beyond the distance of five miles from any such pound, as aforesaid, to keep penned or tied up any cattle seized as strays for a longer period than twenty-four hours without giving the notice hereinbefore required to be given to a Justice of the Peace, under the penalty of forfeiting to the owner of such cattle one shilling for each and every hour which each head of such cattle shall be so kept, as last aforesaid, beyond the said twenty-four hours: Provided always, That the periods in this clause mentioned, during which it shall be