No. 12. Act 4 Vic. c. 30, extending Act 3 G. 4, c. 71. No. 13. Act 7 Vic. c. 11. PREAMBLE. Punishment of Time limited for the prosecuunder this Act. tion of offences Proceedings before Justices not to be quashed for want of form. Form of conviction, then, and in any of the cases aforesaid, such defendant or defendants shall have treble costs, and shall have such remedy for recovering the same as any defendant or defendants hath, or may have, for his, her, or their costs, in any other cases by law. No. 13.-7 Vic. ch. 11. An Act to amend the Laws for preventing the Cruel and Improper Treatment of Cattle and other Animals. (9th January, 1844.) W HEREAS in and by an Act of the General Assembly of these islands passed in the fourth year of your Majesty's reign, entitled "An Act to declare in force within these Islands certain statutes of the Imperial Parliament of Great Britain and Ireland, relating to certain offences therein particularly mentioned." An Act of the Imperial Parliament passed in the third year of the reign of King George the Fourth, entitled "An Act to prevent the cruel and improper treatment of cattle," was amongst others declared to be in force within these islands, but the same has been found not to be sufficiently extensive in its application; For remedy whereof, May it, &c., That if any person shall, from and after the passing of this Act wantonly and cruelly beat, ill-treat, abuse, or torture any cattle, other than the cattle designated in the said recited Act, or any dog or other domestic animal, or any domestic fowl or bird, every such offender being convicted thereof before any one of Her Majesty's Justices of the Peace for the colony, or for any island or district of the same, shall for every such offence forfeit and pay to Her Majesty, her heirs, and successors, a sum of money not exceeding Five pounds nor less than Ten shillings; and if the person or persons so convicted shall not forthwith pay the sum forfeited, every such offender shall by warrant under the hand and seal of the convicting Justice, or some other Justice or Justices of the Peace, be committed to some lawful prison within these islands, there to be kept without bail, or mainprize, for any time not exceeding one month. II. That no person shall suffer any punishment for any offence committed against this Act, unless the prosecution for the same be commenced within ten days after the offence shall be committed, and that when any person shall suffer imprisonment pursuant to this Act for any offence contrary thereto, in default of payment of any penalty hereby imposed, such person shall not be liable afterwards to pay any such penalty. III. That no order or proceedings to be made, or had by or before any Justice of the Peace by virtue of this Act shall be quashed, or vacated for want of form, and that the order of such Justice shall be final, and that no proceedings of any such Justice in pursuance of this act shall be removable by certiorari or otherwise. IV. And for the more easy and speedy conviction of offenders under this Act, be it enacted, that all and every the Justice or Justices of the Peace before whom any person or persons shall be convicted of any offence against this Act, shall and may cause the conviction to be drawn up in the following form of words, or in No. 13. Act 7 Vic. c. 11. any other form of words to the same effect, as the case shall happen (Videlicit). Be it remembered that on the year of our Lord day of in the A. B. is convicted before me (one) of Her Majesty's Justices of the Peace for the Turks and Caicos Islands, or for the district of within the said islands (as the case may be) either by his own confession, or on the oath of one or more credible witnesses, (as the case may be) by virtue of an Act made in the seventh year of the reign of Her Majesty Queen Victoria, entitled "An Act to amend the laws for preventing the cruel and improper treatment of cattle" (specifying the offence, and time and place when the same was committed, as the case may be). Given under my hand and seal the day and year above written. V. That if on hearing any such complaint as is herein before mentioned, the Justice of the Peace who shall hear the same shall be of opinion that such complaint was frivolous and vexatious, then, and in every such case it shall be lawful for such Justice of the Peace to order, adjudge, and direct the person or persons making such complaint to pay to the party complained of any sum of money not exceeding the sum of Twenty shillings, as compensation for the trouble and expense to which such party may have been put to by such complaint; such order or adjudgment to be final between the said parties; and the sum thereby ordered or adjudged to be paid, to be levied in manner as is hereinbefore provided for enforcing payment of the sums of money to be forfeited by the persons convicted of the offence herein before mentioned. VI. That if any action or suit shall be brought or commenced against any person or persons for anything done in pursuance of this Act, it shall be brought or commenced within six calendar months next after every such cause of action shall have occurred, and not afterwards, and the defendant and defendants in such action or suits may plead the general issue, and give this Act and the special matter in evidence at any trial or trials to be had thereon; and that the same was done in pursuance and by authority of this Act, and if the same shall appear to be so done, or if any such action or suit shall not be commenced within the time before limited, then, and in every such case the jury or juries shall find for the defendant or defendants, or if the plaintiff or plaintiffs shall become nonsuit, or shall discontinue his action or actions, or if judgment shall be given for the defendant or defendants therein, then, and in any of the cases aforesaid, such defendant or defendants shall have treble costs, and shall have such remedy for recovering the same as any defendant or defendants hath, or may have for his, her, or their costs, in any other cases by law. SEVENTH DIVISION.-HAWKING GOODS. No. 14.-9 Vic. ch. 14. An Act to repeal an Act for regulating the Hawking of Goods, Wares, and Merchandise, and to make other provision in relation thereto. (4th March, 1846.) I. Repeals 7 Wm. 4, c. 10. II. That it shall not be lawful for any person to hawk or retail Not lawful to any goods, wares, merchandise, or other articles (except as herein- hawk or retail No. 14. Act 9 Vic. c. 14. goods without a license. Licenses to be victed of larceny, &c. Annual tax of £2 10s. for a goods. after excepted,) about the streets, lanes, and roads of the island of the Turks Islands, or of any other island to which the provisions of this Act may be extended, by order of the Governor or Officer administering the Government in Council, without having first obtained a license for so doing in manner hereinafter mentioned, under a penalty for every offence of a sum not exceeding one pound.* III. That licenses shall be granted at Grand Turk by three Justices of the Peace, whereof the Police Magistrate shall be one, and in any other island by two Justices of the Peace. IV. That it shall not be lawful to grant any such license to any person who has been convicted of larceny, embezzlement, or of receiving stolen goods, nor to any person under the age of twentyone years; and if any person having a license so granted to him or her shall, during the period of such license being in force, be convicted of larceny, embezzlement, or receiving stolen goods, the license held by such person shall be forthwith cancelled. V. That every person obtaining a license under this Act shall pay therefor to the Magistrates granting the same the sum of two license to hawk pounds ten shillings, and shall enter into a recognizance with one or more surety or sureties in the sum of ten pounds, with a condition under written to the effect following:-The condition of this recognizance is such, that if the above-named A. B. shall, during the period which he or she shall hawk or retail goods under a license this day granted to him or her, be of good behaviour, and not embezzle or wilfully destroy any articles intrusted to him or her to hawk or retail, then this obligation to be void, otherwise to remain in full force. Name of person and number of license to be conspicuously marked on every tray, basket, &c. Constable to seize any tray or basket not marked and numbered. Penalty for neglect of duty. Persons carry basket, &c., on conviction, to pay a fine. VI. That every person hawking goods under the authority of this Act shall have his or her name, together with the number of his or her license, marked in a conspicuous manner on every tray, basket, or other article used by him or her for the carriage of his or her goods, under a penalty not exceeding ten shillings for every neglect. VII. That it shall be the duty of every constable, under a penalty of one pound for every neglect, to seize every tray, basket, or other article used by any person for hawking or retailing goods in and about the streets or lanes of any island to which the provisions of this Act shall extend, and which shall not be marked and numbered as required by this Act; and every such tray, basket, or other article, with the contents thereof, shall be detained and dealt with in manner hereinafter mentioned. VIII. That every person carrying any such unnumbered tray, basing an unnum- ket, or other article as aforesaid, shall be liable, on conviction, to pay bered tray, a fine not exceeding ten shillings, or, in the discretion of the convicting Justices, to be imprisoned in any lawful prison for any term not exceeding seven days; and it shall be lawful for any constable, without warrant, upon his own view, to arrest any person so offending, and to carry him or her before any one of Her Majesty's Justices of the Peace for the island, who may either liberate such party on bail, or commit him to prison until the final decision of the case as herein before provided for. * No Order in Council has as yet been issued under the authority of this clause. April, 1850. No. 14. Act 9 Vic. c. 14. Goods seized and detained, how to be disposed of. IX. That whenever any goods are seized and detained under the preceding provision of this Act, if upon the final adjudication of the case it shall appear and be so adjudged that the party from whose possession such goods were taken was not licensed under the authority of this Act to hawk or retail goods, then all such goods so seized shall, in the discretion of the convicting Justices, be adjudged forfeited, or an additional penalty not exceeding five pounds be imposed, and so much of the goods sold as shall be sufficient to satisfy the penalties and costs, if the same are not otherwise paid; but if it shall appear and be so adjudged that the party held a license, but had neglected to mark and number her tray, basket, or other article used for the carriage of his or her goods, in accordance with the preceding provisions of this Act, then, and in such last-mentioned case, the goods shall only be detained as a security for the payment of the penalty and costs, and shall, on payment thereof within any period limited by the convicting Justices, be re-delivered to the party from whose possession they were taken; or if the penalty is not paid within such limited period, the same shall be sold by order of the convicting Justices, and the proceeds applied to the payment of such penalty and costs, and the overplus, if any, returned to the party entitled thereto : Provided nevertheless that should any person holding a license, as Proviso. aforesaid, be ill, or otherwise incapacitated from hawking or retailing goods, as aforesaid, it shall and may be lawful for the said Magistrates to grant permission to such person to employ some proper person, to be approved of by the said Magistrates, to hawk or retail such goods in their stead, for and during such period as to the said Magistrates shall seem expedient. X. That it shall be the duty of the Magistrates granting any license under the authority of this Act forthwith to pay over to the Receiver-General and Treasurer, or Receiver of Colonial Duties, as the case may be, the sum of money by them received for such license, and shall at the same time furnish such Receiver-General and Treasurer, or Receiver of Colonial Duties, as the case may be, with the date of such license, and the name of the person in whose favour it was granted; and the Receiver-General and Treasurer, and Receiver of Colonial Duties, shall each keep a book, in which entries shall be made of all licenses so granted. XI. That all amounts paid into the public Treasury on account of such licenses shall be appropriated in aid of the general revenue of the colony. XII. That all fines, penalties, and forfeitures imposed by or recovered under the provisions of this Act shall be recoverable, with costs, before any two of Her Majesty's Justices of the Peace for these islands, and shall, when not fully liquidated under the previous provisions of this Act, be leviable on the goods and chattels of the defendant or defendants: and all fines, penalties, and forfeitures shall be, one half to the use of Her Majesty, her heirs, and successors, in aid of the support of the Government of the colony, and the other half to the person prosecuting for the same. XIII. That nothing herein contained shall be construed to prohibit the sale, without license, of milk, poultry, eggs, vegetables, grass, corn-blades, or the like: fruit, roots, firewood, fish, game, bread, cakes, corn-grist, rice, shells, sugar, coffee, mats, baskets, The Magistrates to pay over to the Receiver-General the sum by them received for granting a License. Sums paid into Certain articles may be sold without license. No. 14. Act 9 Vic. c. 14. Act to come into operation after the pass.ing thereof. brooms, cheese, salt meat, butter, lard, soap, or any articles of the growth and manufacture of the colony. XIV. That this Act shall be and continue in force from and after the passing thereof, for and during the term of ten years, and from thence to the end of the then next Session of the General Assembly, and no longer.* No. 15. Ord. No. 12, 1855. PREAMBLE. President to appoint a Po EIGHTH DIVISION.-POLICE ORDINANCES. No. 15.-ORDINANCE No. 12 of 1855. An Ordinance to regulate the Police of the Turks and Caicos Islands, and for other purposes. (Passed 31st October, 1855. Confirmed 20th March, 1856.) W HEREAS it is expedient that the laws in force for regulating the police of these islands should be amended and consolidated; May it, &c. I. That so soon as this Ordinance shall come into operation it shall be lawful for the President, from time to time, to appoint a lice Magistrate, fit and proper person, being a Justice of the Peace, to be the Police Magistrate for this Presidency, who shall have full power to carry into execution this Ordinance, and all other Ordinances and laws which now are, or hereafter may be in force, relative to the police of these islands. and Assistant Police Magistrates. Their attend ance. Oath of office. II. That it shall be lawful for the President, from time to time, to appoint, for the purposes of this Ordinance, some Justice of the Peace resident at each of the following islands, or districts, namely, one at Salt Cay, and not exceeding three at the Caicos; to be stationed at such districts as may be appointed by the President, to be Assistant Police Magistrates, who shall in the absence of the Police Magistrate of the colony, possess within their respective districts the same powers as are herein conferred upon the Police Magistrate provided that where an appointment as police, or Assistant Police Magistrate, has been already made, it shall not be necessary for a new commission to issue to any such persons. III. That the said Police, and Assistant Police Magistrates, shall give attendance at some public offices at such times and places as the President may hereafter direct, in order to receive complaints and informations, to take affidavits and depositions respecting all felonies, misdemeanours, trespasses, breaches of the peace, nuisances, and other offences, and to deal with the offenders according to law. IV. That before the said police, or Assistant Police Magistrates, shall enter upon the duties of their office, they shall take and subscribe an oath of office as follows: I, A. B. do solemnly swear that I will, to the best of my knowledge and ability, perform the duties of the office of Police (or Assistant Police) Magistrate for (insert the name of the place) SO HELP ME GOD. * Continued by Ord. 10, 1851, and Ord. 2, 1857, for five years from 6th November, 1857. |