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XXIV. That in all trials by General or other Courts Martial Clauses of to be held by virtue of this Ordinance, every member assisting at Ord. No. 5, such trial, before any proceedings be had thereon, shall take the
1859, following oaths before the Judge Advocate or his Deputy, or (in which apply to Regimental Courts Martial) before the clerk appointed by the Ritle Corps.
President of the said Court, who are respectively authorized to ad
minister the same, that is to say: “You shall well and truly try Form of oaths and determine according to evidence in the matter now before you.
“ SO HELP YOUR GOD.” “I, A. B., do swear that I will duly administer justice according to Ordinance No. 4 of 1854, entitled · An Ordinance to consolidate and amend the Laws now in force relating to the Militia,' without partiality, favour, or affection : and if any doubts shall arise which are not explained by the said Ordinance, according to my conscience, the best of my understanding and the customs of war in like cases. And I further swear, that I will not divulge the sentence of the Court until it shall be approved of by the President, or other officer duly authorized; neither will I upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the Court Martial, unless required to give evidence thereof by a Court of Justice or a Court Martial in due course of law,
“SO HELP ME GOD." And as soon as the said oaths shall have been administered to the respective members, the President of the Court is hereby authorized and required to administer to the Judge Advocate or the person officiating as clerk, an oath in the following words :
“I, A. B., do swear that I will not upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the Court Martial, unless required to give evidence thereof as a witness by a Court of Justice or a Court Martial in due course of law,
“ SO HELP ME GOD." Punishment for XXV. That no person whatsoever shall use any menacing or misbehaviour. disrespectful words, signs, or gestures in the presence of any Court
Martial when sitting, or shall cause any riot or disorder, so as to interrupt their proceedings, on pain of imprisonment, at the dis
cretion of such Court Martial for any period not exceeding ten days. Wituesses free XXVI. That all witnesses duly summoned by the Judge Advofrom arrest. cate or person officiating as such, shall during their necessary
attendance on such Courts, and in going to and returning from the same, be privileged from arrest, in like manner as witnesses attending the Supreme Court are privileged ; and if any such witness shall be unduly arrested, he shall be discharged by the Court out of which the writ or process shall issue; and if any such Court be not then sitting, then by any Judge of such Court upon its being made to appear to such Court or Judge by affidavit, that such witness
was arrested in going to, or returning from, or attending on such Neglect of at Court Martial; and all witnesses so summoned who shall not attend tendance, how
on such Courts Marshal shall be liable to be punished by such punished.
Court in like manner as if such witness had neglected to attend on a trial in any criminal proceeding in the Supreme Court.
XXVII. That no sentence of a General or Regimental Court
No. 2. Martial shall be carried into execution, until after the report of the Clauses of whole proceedings shall have been made to the President, and his Ord. No. 5, directions received thereon.
1859, XXVIII. That a record of the proceedings of every such General which apply to Court Martial shall be made and kept by the Judge Advocate, or
Rifle Corps. his deputy, and be open to the perusal and inspection of the officers Record of proof Militia; and a similar record shall be made by the clerk of every ceedings to be Regimental Court Martial, subject to the perusal and inspection as kept. aforesaid, the same to be kept by the adjutant.
XXIX. That all buildings provided for the use of the Militia, Under whose and all military equipments, provisions, or stores for the use of the care all buildsame, shall be under the care and inspection of some person or
ings and Mili
tary equippersons appointed by the President for that purpose. And such
ments, &c., are person or persons who shall embezzle any money or fraudulently to be placed. misapply or damage any military equipments, provisions, or stores, belonging to the Militia force, or be concerned in, or connive at such embezzlement, fraudulent misapplication or damage, may be tried for the same by a General Court Martial, which may adjudge any such offender to be cashiered, and to suffer such other punish- Misapplication • ment as such Court shall think fit, according to the nature and of same, how degree of the offence; and every such offender shall, in addition to punished. any other punishment, make good, at his own expense, the loss and damage sustained, which shall be ascertained by such Court Martial; and the loss and damage so ascertained shall be recovered in manner hereinafter directed.
XXX. That any non-commissioned officer or private of the Abuse of arms, Militia who shall embezzle, misuse, injure, or negligently lose, or &c., low punwho shall wilfully suffer to be misused or injured, any military ished. equipments furnished to him, or shall carry away, or suffer to be carried away, from the island on which he may be enrolled, any such military equipments, except in obedience to lawful orders to that effect, he shall be liable to pay treble the original cost of the article or articles so misused or injured, lost, or carried away, as aforesaid, to be recovered, with costs, before any magistrate in a summary way; and any person who shall buy any such military equipments, knowing the same to be such, either at public or private sale, shall forfeit the sum of ten pounds, to be recovered with costs in manner hereinafter directed; and any person with whom any such military equipments may be deposited for sale is hereby required to deliver the same to the proper person authorized to take charge of such military equipments, otherwise he shall be Penalty for deemed to be the purchaser thereof; and it shall be the duty of the buying militia person having charge of the military equipments as aforesaid, to arms. cause all offenders in the premises to be proceeded against in manner aforesaid.
XXXI. That it shall not be lawful for any person liable to do Militia men duty in the Militia, to whom military equipments appertaining to not to leave
the Colony the said Militia shall have been issued, to leave this colony without
without dehaving delivered up all such military equipments to the proper livering up person anthorized to receive the same, under a penalty of five arms, &c. pounds, to be recovered before a magistrate in a same manner ;
and it shall be the đuty of such person, on the receipt of such military equipments, to give a certificate of such delivery.
XXXIII. That it shall be the duty of the corporals of the
several companies to summon the men belonging to their respective Clauses of companies to attend all general musters, drills, patrolling parties, Ord. No.5, or other duty; and any corporal neglecting to summon any man
1859, upon his muster-roll, shall be subject to the same fine as such man which apply to would have been subject to if he had been duly summoned and had Rifle Corps.
made default in attending; which fine shall be recovered as other Corporals to fines from defaulters : Provided always, that nothing herein con
tained shall extend, or be construed to extend, to prevent any officer, or non-commissioned officer, or any private acting under the orders of any officer, or non-commissioned officer, from summoning the men of the company to which such officer, or non-commissioned officer shall belong, to attend any such parade, general muster, review, drill, company muster, or patrolling party; or to perform
such other duty as aforesaid. Maintenance XXXVII. That any indigent non-commissioned officer or of wounded
private, who shall be wounded or disabled in defence of the colony, shall be maintained at the public expense, so long as he shall con
tinue disabled. Militia rules XXXIX. That all other matters which relate to the discipline in force.
of the Militia, the rank of officers, and the proceedings of Courts Martial, shall be regulated, as nearly as may be, according to the
rules and discipline of the British army. Misconduct, XL. That all violations of this Ordinance, all scandalous conduct how punished. in officers of Militia, and all offences to the prejudice of order and
discipline, whether in officers, non-commissioned officers, or privates, shall be taken cognizance of and punished by sentence of a General or Regimental Court Martial, according to the nature and degree of the offence, and as nearly as may be according to the articles of war; provided, however, that in no case shall it be lawful for any
such Court Martial to sentence to corporal punishment. How sum
XLIV. That all summonses directed by this Ordinance to be
given, may be given either verbally or in writing, and, if in writing, delivered.
may be left at the usual place of abode of the party summoned, with any person there found; or affixed to the door, or on some other part, either inside or outside of the house, in which such party shall usually reside; and in any proceeding for non-obedience to any such summons, it shall be sufficient for the party complainant to prove the service of such summons, in one or other of the ways aforesaid, and the burthen of all other proof shall lie in the party
defendant. The President XLV. That the President shall be, and he is hereby empowered
at his discretion to remit the whole or any portion of any fine, fines, &c.
penalty, or forfeiture incurred under the provisions of this Ordi
nance. Persons sued XLVII. That if any person shall be sued for anything done by may plead the
virtue of this Ordinance, it shall be lawful for such person to plead general issue.
the general issue, and give this Ordinance and the special matter in evidence; and if judgment be given for the defendant, or the plaintiff be nonsuited, or his suit be discontinued or abated, such defendant shall be entitled to double costs.
monses to be
Class I.-TITLES TO LAND.
TITLES TO LAND.
No. 1.-ORDINANCE No. 8 of 1855.
No. 1. An Ordinance for the better assuring Lands, Tenements, and Heredita- Ord. No. 8,
1855. ments within the said Islands. (Passed 24th Oct. 1855.
Confirmed 14th July, 1856.)
Legislative Council of these Islands on the seventeenth day of October, one thousand eight hundred and fifty-four, entitled “ An Ordinance for the better assuring Lands, Tenements, and Hereditaments within the said Islands,” has been found to contain two sections objectionable in reference to the time allowed for the purposes therein mentioned ; and it is expedient that a similar Ordinance should be enacted free from the objections adverted to. And whereas from the period of the first settlement of these islands, the usual tenure of land within the Turks Islands was that of occupancy, under a license from the Chief Magistrate called the King's Commander; and the majority of the present occupiers of such lands have no fee simple in the same.
And whereas many persons having expended large sums of money in the improvements of such lands, and have been permitted by the Crown to continue in undisturbed possession of the same, and have, from time to time, conveyed such land to third parties and their heirs, without having any legal right or title to the same. And whereas, it would remove the many inconveniences and evils which arise from such an uncertain tenure of land, and would tend to increase the value of real estate if the parties occupying lands as aforesaid were enabled to obtain, at a reasonable charge, an indefeasible estate of inheritance in fee simple in such lands and tenements ; May it therefore please the Queen's Most Excellent Majesty that it
be ordained by his Honour James Misick, Esquire, Senior Member of Council, administering the Government of the Turks and Caicos
No. 1. Islands, and the Legislative Council of the said islands, under the Ord. No. 8, supervision of the Captain-General and Governor-in-Chief in and 1855. over the Island of Jamaica ; and it is hereby ordained by the
authority of the same : Claimants of 1. That all persons, who, prior to the separation of these islands land by oc from the Bahama Government, occupied, or claimed to be the cupancy may obtain grants
owner by occupancy, of any land within the Turks Islands, or in fee simple.
whose claim may be derived from any one so occupying any land at the said period, may, in the manner hereinafter mentioned,
apply for a grant in fee simple for the same. How grants II. That every person desirous of obtaining grants in fee simple are to be
for lands so owned or occupied by him as aforesaid, shall file in obtained.
the office of the Clerk of the Crown a petition in writing according to the form contained in the Schedule to this Ordinance annexed, praying that a grant may be issued to him under the seal of the
colony, by which an estate in fee simple in the same may be conProviso 1.
veyed to him : Provided always, that all such petitions shall be filed within twelve months from the period of the Proclamation in
these islands of the allowance of this Ordinance by Her Majesty.* Petition for III. That upon receipt of such petition, it shall be the duty of grant to be
the Clerk of the Crown to file the same, and to indorse thereon the filed in the
date of its receipt, and the said petition to number. And it shall office of the
also be the duty of the said Clerk of the Crown to keep a proper Clerk of the Crown. book, entitled “ Petitions for grants of Land,” in which he shall
enter the number of each petition in numerical order, the date of its receipt, the name of the petitioner, and a description of the land
claimed. Public notice IV. That within thirty days after the filing of such petition, the to be given Clerk of the Crown shall publish, or cause to be published in the thereof.
Government newspaper of the colony, for three consecutive weeks, a notice of such petition having been filed, describing as in such
petition, the land applied for or claimed. Caveat may
V. That it shall be lawful for the Queen's Advocate, at the be filed. instance of the Crown Surveyor on behalf of the Crown, and for
any other person in his own behalf, either by himself, his agent, attorney, or counsel, to file in the office of the Clerk of the Crown
a caveat against the prayer of the petitioner, stating the grounds Proviso. thereof: Provided always that in all cases where a caveat is filed,
the same shall be entered within twelve months from the date
of the first publication of the notice of the petition for such land. Question of VI. That whenever any caveat shall be filed as aforesaid, the title to be party filing the caveat or the party petitioning for the land may adjudicated in bring the question of title before the Supreme Court of these the Supreme islands for decision. And either of such parties may cause such Court.
question to be decided by giving ten days' notice to the opposite party of his intention so to do. And such parties shall cause the particular grounds of their claims respectively to be set forth in writing; and the same to be filed in the office of the Clerk of the Crown at least seven days before the sitting of the Court. And if after such notice either party shall neglect or refuse to attend at the Court, or to set forth in writing the grounds of his claim, the case may be heard ex parte, and be determined according to the
merits of such case. By Jury. VII. That if in any case a disputed question of fact should
* Proviso 2 is repealed by Ordinance No. 2 of 1856.