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No. 15. committed by him, but the person aggrieved by such irregularity Ord. No. 12, may recover full satisfaction for the special damage, if any, by an
1855. action on the case. Acts repealed.
XXX. That the following Acts and parts of Acts shall be, and they are hereby repealed, namely, all those Acts known in the printed copies of the Laws of the Bahamas as
The 4 William 4, chapter 7;
The 11 Victoria, chapter 13; also so much of that Act known as aforesaid as 2 Victoria, chapter 16, as relates to the appointment,
duties, and salaries of stipendiary constables and gaolers. Construction XXXI. That the word “President," wherever it occurs in this of the word
Ordinance, shall be construed to mean the Officer lawfully adminisPresident.
tering the Government for the time being.
XXXII. That all fines and penalties, when recovered, shall be applied to the use of Her Majesty, her heirs, and successors, to be applied towards the support of the Government of these islands.
Chief constable and clerk to the Police Office
£ 80 0 0 26
0 0 20 0 0 16 0 0
TABLE OF FEES.
intended for prosecution in the Supreme Court
0 4 0 0 1 0 0 1 0 0 06 0 2 0 0 20
0 0 6
0 0 6 0 0 6
No. 16.-ORDINANCE No. 7 of 1856.
Ord. No. 7, An Ordinance to extend the Jurisdiction of the Police and Assistant 1856.
Police Magistrates of this Presidency. (Passed 29th August,
1856. Confirmed 18th March, 1857.) THEREAS by virtue of certain Acts of the General Assembly PREAMBLE.
of the Bahama Islands, extended to and in force within this colony by the Act of the said Assembly passed in the eleventh year of your Majesty's reign, chapter one, known as the Turks Íslands Separation Act, exclusive jurisdiction, power, and authority are given to the Stipendiary Justices of the colony for the adjudication of certain offences therein specified, and for other purposes. And whereas an Ordinance No. 3 of 1856 for the Prospective reduction of Salaries to Public Officers of the Presidency of the Turks and Caicos Islands, no provision is made for the salary or stipend of such Stipendiary Justice, it being considered that the duties hitherto performed by such Justice should be discharged by the Police and Assistant Police Magistrates of the colony: And that so soon as a vacancy shall occur in the office of Stipendiary Justice, the Police and Assistant Police Magistrates of the colony should be invested with the jurisdiction, power, and authority hitherto exercised by the said Stipendiary Justices under and by virtue of the Acts hereinbefore mentioned ; May it, &c.
I. That so soon as a vacancy shall occur in the office of the Stipendiary Justice of the colony, the Police and Assistant Police Magistrates of these islands shall, within their respective districts, be invested with all and singular the same power, jurisdiction, and authorities as are now vested in the Stipendiary Justice of the colony under and by virtue of the following Acts of the General Assembly of the Bahama Islands, extended to these islands, and in force as aforesaid, to wit :-The Act 3 Vic. ch. 1, for Regulating the Relative Duties of Masters and Servants, for Providing for the Apprenticing of Children, and for other purposes; The Act 3 Vic. ch. 2, to Provide Summary Remedy against the Occupation of Land by Persons having no Title to the same ; The Act 3 Vic. ch. 3, for the better Suppressing of Vagrancy, and for the Punishment of Idle and Disorderly Persons and Rogues, Vagabonds, and other Vagrants; and under and by virtue of any of the Acts of the said Assembly, passed in amendment of the said three recited Acts, which have been extended to these islands in manner hereinbefore mentioned.
II. That in all cases of conviction under this Ordinance, the party or parties convicted shall have the power of appeal to the Supreme Court, subject to the provisions contained in Ordinance No. 16 of 1849, which said Ordinance shall in all respects be held to apply to such cases of conviction.
III. That the said Police and Assistant Police Magistrates shall and may, for anything done by them under this Ordinance, take fees according to the scale of fees set forth in Ordinance No. 12 of 1855.
IV. That for every contract of service, or agreement, or deed of apprenticeship entered into before any Police or Assistant Police Magistrate, such Magistrate shall be entitled to the sum
No. 16. of two shillings for each labourer hired or apprentice bound, Ord. No. 7, under and by virtue of this Ordinance to be paid by the master or 1856. employer.
Ñ. That all fees received under this Ordinance shall be subject to the provisions contained in the 28th section of Ordinance No. 12 of 1855.
HEALTH OF TOWNS.
No. 1.-ORDINANCE No. 10 of 1852. Ord, No. 10, An Ordinance for securing the Public Health. (Passed Nov. 4th, 1852.
1852. Confirmed August 1st, 1853.) PREAMBLE.
regulations should be made for the security and preserva
tion of the public health ; May it, &c. The Presi I. That the President or Officer administering the government dent to appoint shall, in the month of November of every year, appoint Boards of Boards of llealth.
Health, to continue and have existence for twelve calendar months, and to consist of not less than five persons for Grand Turk, three for Salt Cay, three for East Harbour, three for Lorimer's Caicos, and three for each of any of the other settlements at the Caicos; and it shall be lawful for the President, or other Officer as aforesaid, from time to time, to fill up any vacancy or vacancies which may occur in any such Boards, during the period for which any
such Board shall have been appointed as aforesaid. Boards to
II. The Board of Health appointed for Grand Turk, and the report to the
Board of Health appointed for Salt Cay, and those appointed for President.
the Caicos Islands, shall report in writing to the President or other Officer as aforesaid, from time to time on any cause or causes which in their opinion may exist and be likely to endanger the health of the inhabitants of the colony, and to recommend such measures as may appear to them judicious for the removal thereof; and in case any epidemic disease should prevail in the colony, it shall be the duty of the Boards of Health to report thereon, and to recommend such measures as may appear to them expedient to
arrest or diminish it. Proceedings on III. That whenever any such Boards of Health shall report to such reports. the President or other Officer as aforesaid the existence of any
local cause or causes in any part of the colony, tending to endanger the public health or the health of the inhabitants of such locality, and there shall be no means under the then existing laws of the colony whereby such cause or causes of disease may be removed or guarded against, it shall be lawful for the President or Officer administering the government for the time being, acting by and with the advice of the Executive Council, to adopt all such measures as any of the aforesaid Boards of Health may recommend for removing any such local cause or causes of disease, or otherwise guarding against the probable consequences thereof, and every order issued by the President, or Officer administering the govern
ment in council, in the exercise of the power hereby vested in him,
No. 1. and all Acts performed in pursuance or under the authority of any Ord. No. 10, such order, shall be held to be, and shall be, as good, legal, and
1852. valid, as if the same was or were authorized in express words by some Ordinance of the colony; and every person who shall disobey any such order, or any part of such order, or shall resist, obstruct, or otherwise oppose any person in carrying such order or any part thereof into execution, shall be guilty of a misdemeanour.
IV. All vessels arriving at any port of entry within these islands, The President and all persons, goods, and merchandise whatsoever embarked in Council to
make regulatherein, coming from any port or place where any contagious or malignant disorder shall exist, or from any port or place from respect to veswhence the President for the time being, by and with the advice of sels and merthe Executive Council, shall judge it to be probable that infectious chandise, distempers may be brought, or having had or then having on board any person ill of any dangerous disease, or on board of which vessel any person shall have died of disease during the passage to either of the said ports, shall, before such vessel be admitted to an entry, and such persons, goods, or merchandise allowed to be landed, be liable to such restrictions or required to comply with such directions as shall from time to time be prescribed by the President for the time being, by and with the advice of the Executive Council, by any order or orders as aforesaid.
V. The President or Officer administering the government for and for the the time being, in council, shall make such rules and regulations directions of for the direction of pilots on boarding vessels, and for the purpose of enforcing such restrictions and requirements as shall be deemed necessary as aforesaid, which said rules and regulations shall be printed at the public expense, and a copy given to each qualified pilot, and such other persons as the President shall think proper, without any charge therefor. And every pilot or other person who shall be guilty of a violation of the said rules and regulations or any of them, made according to and for the carrying out the provisions of this Ordinance, shall for each offence forfeit and pay a sum not exceeding twenty pounds, nor less than ten shillings, or in default shall be imprisoned for any term not exceeding six months.
VI. Whenever it shall be made to appear to the satisfaction of Provisions the President or Officer administering the government for the time relative to being, in council, to be necessary for the health of the inhabitants swamps and
low grounds. of the colony or of any town, that any “fresh-water” swamp, or low ground in any part of or in the vicinity of such town, or in any Swamps, &c., other part of the colony, should be filled up, and the proprietor or to be filled proprietors of such swamp or low ground, or the proprietor of any up by proportion thereof, shall refuse when thereto required to sell the
prietor, or to
be sold by or shall refuse or neglect to have the same filled up to the satisfac
consent; or tion of the civil engineer of the colony, or other person to be appointed for that purpose by the President or Officer administering the government for the time being, to superintend the filling up of swamps and low grounds as aforesaid, it shall be lawful for the President or other Officer administering the government for the time being, acting by and with the advice and consent of the Executive Council, upon being satisfied that it is practicable to reclaim the same, and that the proprietor or proprietors have a good and sufficient title in law, to purchase every such swamp or low ground
No. 1. or portion thereof as the proprietor or proprietors thereof shall reOrd. No. 10, fuse or neglect to have filled up as aforesaid, and to pay to such 1852. proprietor or proprietors, on his or their executing and delivering
a good and sufficient conveyance therefor, such sum of money as may be agreed upon as the purchase-money of such swamp or low ground, or a portion of such swamp or low ground, as aforesaid, between the President or Officer administering the government as aforesaid, in council, and the said proprietor or proprietors; all which sums of money it shall be lawful for the President or Officer administering the government for the time being, by and with the advice and consent of the council, to authorize to be paid out of the public treasury by warrant in the usual manner; but if any such proprietor or proprietors shall refuse to sell his or their interest in such swamp or low ground as aforesaid, or shall not agree to accept the price offered by the President or Officer administering the government for the time being, in council, or if any such proprietor be a minor, or be under any other legal disability or natural incapacity to effect such sale and execute conveyances as aforesaid, or shall be absent from the colony without any known attorney or agent, then, and in every such case it shall be lawful for the Presi
dent or Officer administering the government for the time being, by precept acting by and with the advice and consent of the Executive Council directed to
aforesaid, to issue a precept to the Provost Marshal of the colony, the Provost Marshal to
or to his deputy, commanding either of them to have such swamp value and ap
or low ground, as aforesaid, viewed and appraised in manner as is praise.
hereinafter mentioned. Proceedings on VII. That it shall be the duty of the Provost Marshal or his precept. deputy, upon the receipt of every such precept, to summon five free
holders of Grand Turk, or Salt Cay, or at any of the settlements at the Caicos (according to the locality of such swamp or low ground) to accompany him to view and appraise or value such swamp or low ground or portion thereof as aforesaid, and every person so summoned shall attend at the time and place named in the summons, and having signed a declaration well and faithfully to discharge their duties as appraisers under this Ordinance, shall then accompany the said Provost Marshal or his deputy to the swamp or low ground, or portion thereof referred to in such precept, and having viewed the same, shall forthwith appraise and value the same, and shall afterwards certify such valuation upon the back of the precept, and the Provost Marshal shall thereupon return the
precept to the office of the Colonial Secretary at Grand Turk. Swamps, &c., VIII. Whenever any swamp or low ground, or portion of a when valued,
swamp or low ground, shall have been valued as aforesaid under to be taken possession of
the authority of this Ordinance, and the precept shall have been on behalf of returned to the secretary's office, as provided for by this Ordithe President. nance, it shall be lawful for the President or Officer administering
the government for the time being, to cause possession of the samo to be taken by the Crown Commissioner, or by some other person acting for and on his behalf, and all swamps and low grounds so taken possession of shall be dealt with in the same and the like manner as if the proprietor or proprietors had executed and delivered conveyances therefor, under the provisions of this Ordinance.
IX. Every precept issued, executed, and returned under the authority of this Ordinance shall be kept as a record in the office