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of the Colonial Secretary and Registrar of Deeds; and all swamps
No. 1. and low grounds mentioned and referred to in any such precept Ord. No. 10, shall, from the date of the return thereof, vest in the President or 1852. Officer administering the Government for the time being, for the
Precept to purposes of this Ordinance : and all previous titles thereto, and
be returned estates or interests therein, shall be barred, and the interest and and recorded rights of all persons previously thereto entitled, or in any way in the Secreinterested therein, shall be transferred from the valued premises to tary's office. the sum of money at which the same shall have been so valued : and such sum of money shall be paid out of the Public Treasury, Value to be at any time when demanded, upon the party or parties showing paid out of the their right to receive the same, and executing a conveyance, under Public Treathis Ordinance, for the premises in respect of which any such sum of money shall be demanded as aforesaid.
X. All swamps and low grounds acquired by the President or Officer administering the Government for the time being, under the authority of this Ordinance; and all swamps and low grounds, the property of the Crown, which shall be deemed prejudicial to health, shall forthwith be filled up in such manner with stone, marl, sand, or other fitting material as shall be necessary for effectually securing the health of the inhabitants of the district to which such swamps or low grounds are respectively contiguous; and when and as often from time to time as any such swamps and low grounds, Such swamps other than those vested in the Crown, shall be so filled up and to be sold, and reclaimed, the same shall be sold and disposed of under the authority proceeds paid of, and in such way and manner, and on such terms as shall be Treasury. deemed by the President or Officer administering the Government for the time being, in Council, to be most advantageous for the interest of the colony, and the proceeds of all such sales shall be paid into the Public Treasury in aid of the expenses of the government of the colony.
XI. If the proprietor or occupier of any lot of land situate at Provision Cockburn Town, Grand Turk, or the proprietor or occupier of respecting any lot of land at Balfour Town, Salt Cáy, or at any of the settle- weeds, &c., ments within the Caicos Islands, shall permit or suffer weeds to growing on grow in such lots, or shall permit any description of filth or rubbish to accumulate therein, or any stagnant water to be and remain therein, and shall not remove the same within a reasonable time when required to do so by the chief constable or by any constable acting under the orders of any Police or Assistant Police Magistrate ; or if any person shall bring or have in his possession, within the limits of any such towns as aforesaid, any offensive substances calculated to affect the health of the inhabitants of such town, and shall not remove the same when so required as aforesaid, it shall be lawful for any two Justices of the Peace, on complaint made, to order and cause the nuisance complained of to be forthwith abated; and every person offending against the provisions of this clause shall, on conviction before any two Justices, forfeit and pay any sum not exceeding ten pounds over and above the expense incurred in the removal or abatement of the nuisance complained of.
XII. Every person being the proprietor, or occupier, or having Streets frontthe possession of a house at Cockburn Town, Grand Turk, or at ing lots to be Balfour Town, Salt Cay, within the limits of those towns, or
swept by pro
prietor. within any of the settlements at the Caicos Islands, or in the absence of the proprietor, his or her lawful attorney or agent, shall,
when necessary, cause to be swept and cleaned the street fronting the Ord. No. 10, premises of which he shall be the proprietor or occupier, attorney, 1852. or agent; and the proprietor, occupier, or person having charge of
the premises, if, on notice thereof being given to him or her by the chief constable, or by any constable acting under the orders of any
Police or Assistant Police Magistrate, the street fronting as aforePenalty for said, be not, within twelve hours from the giving such notice, not sweeping swept and cleaned, any such proprietor, occupier, attorney, or streets.
agent as aforesaid shall, on conviction, forfeit and pay the sum of
ten shillings. Penalty for XIII. It shall not be lawful for any person to throw or place, or throwing any cause to be thrown or placed, upon any part of any public street, filth, &c., in
lane, or road, either at Grand Turk or Salt Cay, or elsewhere, public streets,
where the health of the inhabitants might thereby be endangered, any soap-suds, or other liquid or solid substance of an impure or otherwise offensive description, under a penalty of not less than four shillings, and not exceeding twelve shillings, for every offence;
the said penalty to be recovered in a summary way. Constables XIV. It shall be the duty of all constables, when they shall authorized to
become cognizant of, or be credibly informed of, the existence of enter premises with an order
any offence punishable by virtue of this Ordinance, to apply to from a Magis
the police or the nearest magistrate, for an order to repair to the place without delay, in order to repress or assist in repressing the same, or otherwise to assist in carrying the provisions of this Ordinance into effect, and it shall be lawful for any such constable or constables, on producing such order, to enter into any yard or other enclosure, in the execution of any such duty, and there to remain for such reasonable time as may be necessary for the proper discharge of such duty ; and any person who shall presume to resist, abuso, disturb, or otherwise wilfully impede, or wantonly insult, threaten, or otherwise annoy, any constable in the performance of his duty, shall be held guilty of a misdemeanour: and every person convicted thereof before any two or more Justices of the Peaco shall, in the discretion of the convicting Justices, be fined in any sum not exceeding ten pounds; or, in default of payment, be committed to the common gaol, with or without hard labour, for
any period not exceeding three months. Penalty for
XV. No person shall throw or cause to be thrown into the sea, throwing or on the sea-shore, in such a way as might not be carried away
effecweeds or car
tually by the tides, any weeds, filth, putrid matter, or the carcase cases on the Eea-shore,
of any animal or beast, of any description or kind, or any other offensive substance, of any kind whatsoever, under a penalty not exceeding five pounds for such offence; the moiety of all fines, penalties, and forfeitures imposed and recovered under the provisions of this Ordinance, as also of all penalties levied under the Act of Assembly of the Bahama Islands, 11 Vic. ch. 8, shall be paid into the Public Treasury of these islands, and the other
moiety to the informer, to be recovered in a summary way. Provisions XVI. That it shall be lawful for the said Boards to report to respecting
the President or Officer administering the Government of these dilapidated buildings.
islands, the existence of any old and dilapidated building, in their respective towns or districts; and upon such report so made, if the proprietor or proprietors of such building shall not, within five days after notice given him or them to that effect, cause and procure the same to be removed or repaired, so as to abate the nuisance
complained of, it shall be lawful for the President or Officer admi No. 1. nistering the Government, by and with the advice and consent of Ord. No. 10, the Executive Council, to issue his precept to the Provost Marshal 1852. of these islands, requiring him to cause the same to be removed as soon as may be; the expense of such removal to be defrayed by the sale of the materials of such building; and the balance, if any, to be returned to such proprietor or proprietors; or if the proceeds of such sale should not suffice to defray such expense, the amount of such deficiency may be recovered from such proprietor or proprietors in like manner as small debts are now recovered -and in case there shall be no proprietor within these islands upon whom such notice can be served, a written notice affixed to some conspicuous part of such building for the space of ten days shall be considered a sufficient notice upon such proprietor or proprietors.
XVII. That the limits of the respective towns and settlements Limits of within these islands, for the purposes of this or any other Ordi- town to be nance, or of any Act or Acts of the Bahama Islands, shall be published. fixed by the President in Council, and be published for general information.
XVIII. All persons acting under the authority of the President Indemnity and Council, with reference to the provisions of this Ordinance, before it shall have been formally assented to by the Governor-in- adopted preChief, shall be held harmless for any act so done by them so soon of the as the aforesaid assent shall have been received.
MILITIA AND VOLUNTEER RIFLE CORPS.
No. 1.-ORDINANCE No. 4 of 1854.
Ord. No. 4, An Ordinance to consolidate and amend the Laws now in force relat
1854. ing to the Militia. (Passed 30th June, 1854. Confirmed
11th December, 1854.) CHEREAS the laws now in force relating to the Militia of PREAMBLE.
the Turks and Caicos Islands require amendment, and it is expedient to consolidate the same; May it, &c.
1. That from and after public notification shall have been given, Militia disin the usual manner, of the allowance of this Ordinance, the entire banded. Militia of these islands shall be, and is hereby disbanded.
II. That the President of these islands for the time being, President to during the absence from the said islands of the Captain-General be Commanderand Governor-in-Chief, or the Officer administering the Govern
in-Chief of ment of Jamaica for the time being, shall be the Commander-in- any Militia to
. Chief of any Militia force that may be established within these islands, subject, nevertheless, to such supervision as the said Captain-General and Governor-in-Chief may now or hereafter lawfully exercise over the administration of the Government of these islands.
III. That it it shall be lawful for the President to appoint, President to provisionally, until Her Majesty's pleasure be known, the officers appoint Officers.
any fee for
No. 1. of the said Militia ; and to regulate the arms, accoutrements, and Ord. No.4, dress of the said Militia as he shall think proper : and such dress, 1854. when decided on, shall not be altered during the continuance of
this Ordinance. Commissions to continue in full
IV. That on the demise of the Crown it shall not be necessary force notwith for any officer in the said Militia to renew any commission; but standing demise all such commissions shall nevertheless continue in full force. of the Crowu.
V. That every officer appointed to the said Militia shall, within Officers to six months after his appointment, at his own cost and charges, provide them
provide himself with the proper uniform of the corps to which he selves with uniforms.
may be attached ; and no person who shall hereafter accept a com
mission in the said Militia shall be allowed to resign the same Officers not to resign with
without the consent of the President: and the promotion of officers out the con of the Militia within these islands shall be restricted to officers sent of the
resident at the island at which any vacancy may occur. President.
VI. That no officer of the late Militia shall be liable for the Officers of
payment of fees on any commission which he may accept under former Militia exempt from this Ordinance, conferring upon him similar rank to that which he
previously held in the Militia; and no person who shall have held Commission, a commission in any Militia of these islands, and shall not have
been dismissed therefrom, shall be compelled to serve in any rank
inferior to that conferred upon him by such commission. Who are liable VII. That every male inhabitant of these islands between the to serve in the
ages of sixteen and fifty years who shall be a British subject, or said Militia.
naturalized as such, and who shall have resided six months within
the colony, shall be deemed liable to serve in the Militia of these Exemptions. islands, save and except always the members of both Councilş of
these islands; all officers of any Court of Law or Equity of these islands; the Colonial Secretary or acting Colonial Secretary of the colony; the Crown Commissioner; all officers of Her Majesty's Customs, or Revenue officers; the Clerk to the Council; all Police and Stipendiary Magistrates; stipendiary constables and gaolers ; all clergymen in Holy Orders; all priests of the Church of Rome; all duly recognized ministers of all dissenting congregations; all schoolmasters; students at any public school ; all pilots, certified by the port officer to be employed as such ; port officers; health officers; and the superintendents or supervisors of any poor-house
or hospital. Men to be VIII. That the Militia force, in such manner as shall be directed chosen by
by the President, shall be chosen by ballot for five years; and shall ballot for five years' service.
consist of two companies of infantry, and one company of artillery, at Grand Turk; and one company of infantry, and one of artillery at Salt Cay; not to exceed in all one hundred and fifty men, exclusive of officers; and the persons so chosen shall be summoned to appear at a time and place named, to enrol themselves in the Militia of the island or district of which they shall be inhabitants.
IX. That it shall be lawful for the President to permit the enrolment of two companies of Volunteers : one at Grand Turk to consist of such number of non-commissioned officers and men as he may deem proper, not exceeding fifty; and another at Salt Cay not exceeding twenty-five; and to form each of the said companies into an infantry and artillery corps, to be officered, armed, accoutred, and dressed (subject nevertheless to the restrictions, regulations, and provisions herein contained in respect of the Militia) as the President may direct and appoint.
X. That on every occasion when the Volunteer Corps shall be No. 1. called out for drill, duty, or parade, the privates of the Volunteer Ord. No. 4, Corps may severally claim to be paid from the colonial Treasury 1854. one shilling; and the non-commissioned officers one shilling and threepence, for which amounts the President is hereby authorized, from time to time, to grant his warrants on the Treasury of the colony, in favour of the paymaster of the said Volunteer Corps.
XI. That no person volunteering to serve shall be liable to be drawn by ballot during the period he shall so serve as a volunteer, and shall be exempt from future service in the same manner as other persons who, having been drawn, have served during the period required by law.
XII. That it shall be lawful for any person chosen by ballot Substitutes may and summoned to appear, to produce some person fit for service for be produced. his substitute whose name is contained in the alphabetical list herein provided for, and who shall be approved of by the commanding officer of the Militia at the island for which such person has been drawn; and such substitute shall be enrolled to serve in the said Militia during the period for which the person so drawn shall be liable to serve therein : and every person producing such substitute as herein before provided shall be exempt from service during the said period, and also shall not be liable to be again chosen until the whole of the persons whose names are contained in the general list for the island or district of which he shall be an inhabitant shall have been drawn; and every such substitute, upon the expiration of the term of service of the person in whose stead he was enrolled and served, shall, notwithstanding such enrolment and service, be liable to be chosen at the next ensuing ballot.
XIII. That it shall be lawful for the President to cause alpha- Alphabetical betical lists of all persons liable by virtue of this Ordinance to lists to be taken perform Militia duty, to be taken annually at the Turks Islands, annually, and at such other islands within this Presidency as he shall think fit; and the Militia force of such other islands shall consist of such number of men, and shall be formed into such regiments or companies as the President in the Executive Council shall from time to time direct and appoint.
XIV. That whenever any such lists shall have been so pre and deposited pared as aforesaid, the same shall be deposited in the custody of with Officers
to be appointed some officers of the said Militia, to be selected for that purpose by for their the President, and shall be kept by such officers at some convenient custody for pubplace for public inspection.
lic inspection. XV. That if any person whose name shall be inserted in any Returns how list in pursuance of this Ordinance shall think himself aggrieved corrected. thereby, or by the omission of any other name, it shall be lawful for the President, on complaint made to him, to cause such complaint to be inquired into in such manner as he shall deem proper, and to make such order therein as to him shall seem fit, which order shall be final.
XVI. That vacancies in the said Militia arising from death, How vacancies expiration of term of service, or other cause, shall be filled up by to be filled up. ballot for the term of five years from the date of each ballot, from the persons remaining unchosen upon the general lists, or from such other persons
who may be, or have become liable to be chosen. XVII. That any person so drawn and summoned as aforesaid, Penalty for negwho shall neglect to enrol himself in obedience to such summons, lecting to enrol,