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arise, the same shall be determined by a jury, to be empanelled for No. 1. that purpose.
Ord. No. 8, VIII. That the Judge of the said Court shall have full power 1855. and authority to summon and compel the attendance before him of
Witnesses all such persons whom the parties aforesaid may require to be
be summoned. summoned for the purpose of giving evidence touching the title to any such land, and all such persons to examine on oath, and also to compel the production of any books, papers, title-deeds, or transfers which they may deem necessary to be produced for the purpose aforesaid, and if any person so examined as aforesaid shall commit wilful and corrupt perjury upon any investigation or trial under this Ordinance, every person so offending shall be deemed guilty of a misdemeanour, and, on conviction thereof, shall suffer such punishment by imprisonment, with or without hard labour, as the Court shall adjudge; provided such imprisonment shall not exceed twelve calendar months. IX. That the Judge of the said Court shall have power to frame The Judge to
frame rules, rules and regulations for the more correct and expeditious transac
to be approved tion of the business to be decided by the said Court under this
of by the Ordinance ; provided that such rules and regulations shall be ap- Legislative proved of by the President and the Legislative Council.
Council. X. That if after the expiration of twelve months from such first Grant to be publication as aforesaid of any petition, no caveat shall be filed as issued after aforesaid, it shall be lawful for the President, upon receipt of a
12 months' certificate from the Crown Surveyor, that he has received payment
petition. of the sum or sums due in respect of any such lands as aforesaid, together with the expenses incident thereto and hereinafter specified, to issue a grant in fee simple under his hand and the seal of the colony for the lands petitioned for.
XI. That for every grant for a lot of land known as a “ Town Price of lot,” the party receiving such grant shall pay at the rate of four Town lots. pounds per acre; and for every “ Suburban lot,” one pound per Suburban lots. acre ; and for every grant for a lot known as a “Plantation lot," one Plantation lots. shilling per acre : Provided always that in all grants made under this Ordinance such reservations for public roads, or footpaths, or other public purposes, shall be made as shall, by the President, by and with the advice and consent of the Executive Council, be deemed proper and expedient. And if such reservation shall be Reservations made out of any land to which any valid claim of occupancy can
for public be shown, the same shall be valued by appraisers (one to be purposes. appointed by the President on behalf of the Crown, and one to be appointed by the claimant), who may if necessary appoint an umpire, whose decision shall be final; and upon such valuation being paid to the party claiming such land, all title to the same shall forthwith vest in the Crown.
XII. That for the purposes of this Ordinance the Town at Definition of Grand Cay shall extend from “Frederick Street” northwardly to Towns and
Suburbs. “James Street southwardly, and from East or Pond Street eastwardly to the sea westwardly. The town at Salt Cay shall extend from the " Bluff” or " North Street” northwardly to “ Creek” or “South Street" southwardly, and from “Lightbourn Street," “ Victoria Street," and “ South-well Street” eastwardly to the sea westwardly. And the suburbs of the said towns shall extend from the boundaries of the towns as given herein to the limits fixed by the Government Notice of the third day of Novem
No. 1. ber, one thousand eight hundred and fifty-three, under and by Ord. No. 8, virtue of the Ordinance No. 10 of 1852, as follows :1855.
Grand Turk.— The northern boundary shall be the north boundary line of a lot of land now in the possession of D. B. Bascome, going westwardly to the sea; the eastern boundary shall be the west boundary of the North Creek, including all the buildings west of the Great Salina ; the southern boundary shall be the old road leading from the Great Salina to the sea ; the western boundary shall be the sea from north to south, within the two boundaries from north to south.
Salt Cay.- The boundaries of Balfour Town shall be limited north by “ Bluff” “North Road," south by “ South Street,” east in a line of “Mathew Road” from “ Bluff Road,” to “South Street,” west by the sea-shore.
XIII. That the following sums shall be lawfully demanded by the Crown Surveyor before the issuing of any grant as aforesaid :
For every survey made of town lots or suburban, toge
ther with a plat or diagram thereof
with a plat or diagram thereof, per acre
Clerk of the Crown's Fees.
Filing, entering, and recording each petition
2 0 For publishing each notice of petition
1 0 For certificate that no caveat has been lodged
• 1 0 And in every disputed case the fees to the several officers of the Court to be the same as those allowed in the Schedule of Fees annexed to Ordinance No. 9 of 1852, regulating the practice of the Supreme Court.
XIV. That nothing in this Ordinance contained shall be construed to authorize the issuing a grant to any foreigner not duly naturalized.
XV. That whenever the word “President” shall occur in this Ordinance, the same shall be understood to mean the Officer administering the Government for the time being. That whenever the singular number or masculine gender is employed with reference to the parties claiming any land under this Ordinance, the same shall apply also to more persons than one, and to females as well as males.
TO WHICH THIS ORDINANCE REFERS.
No. 1. Ord. No. 8,
Turks and Caicos Islands. day of
18 To His HONOUR THE PRESIDENT. The Petition of
showeth, that your petitioner claims a certain piece of land which at the time of the separation of these islands from the Bahama Government was in the occupation of
situate at in the (town, or suburbs, or plantation lots, as the case may be state the description, number, boundaries of the lot, dc.) which said land is claimed by your petitioner (state the grounds of claim). Wherefore
prays that the said piece of land may be conveyed to
in fee simple under and by virtue of the Ordinance No. 8 of 1855. RULES FOR REGULATING PROCEEDINGS IN CASES OF CON
TESTED LAND CLAIMS UNDER ORDINANCE NO. 5 OF 1855.
The claimant is required by the Ordinance to set forth the ground of his claim in his petition : the party entering a caveat is to state his claim in such caveat: to such caveat the petitioner may reply if he thinks fit. If he in his reply introduces new matter, the adverse party may rejoin to such new matter. All which statements must be in writing, and be filed by the parties respectively in the Prothonotary's office, according to section 6; and a copy thereof delivered to the adverse party.
Either party must file his reply to the last preceding statement of the adverse party, and serve a copy thereof, as aforesaid, within seven days after such preceding statement shall have been served on him, and in default thereof, the opposite party may give notice of trial, according to section 6; after which no further statements can be received except by leave of the Court.
All such caveats, replies, and rejoinders shall be marked by the Prothonotary on being filed with a number corresponding to the number of the petition filed in such case : The facts to be proved in each case shall be limited to matters in support or disproof of the statements of such parties respectively, and no additional matter shall be allowed to be adduced in evidence on either side.
Where the facts are referred to a jury, the verdict of such jury shall set forth such facts in the statements of the parties respectively which they consider proven, stating first those alleged on the behalf of the petitioner, and then those of the adverse party, Upon the facts so found the decision of the Court will be given.
The mode of proceeding to procure evidence will be the same as in civil suits in the said Court.
When any party gives notice of intention to bring any case before the Court, he must give ten days' notice to the adverse party before the day appointed for the meeting of the Court, and a similar notice of such intention to the Prothonotary.-Sec. 6.
A list of claims to be heard and decided at any sittings of the Court, together with the statements filed in such cases, must be made out by the Prothonotary and laid before the Judge at least seven days before the meeting of the Court.
FORM OF CAVEAT. Ord. No. 8, Turks and Caicos Islands. 1855.
18 A. B. of
hereby opposes the prayer of the petition of C. D. of
for a grant of the lot described in the petition of the said C. D., No. on the ground that (state ground of caveat).
Wherefore the said A. B. prays (as the case may be).
on the first day of June, 1857.
No. 2.-ORDINANCE No. 2 of 1856.
No. 2. Ord. No. 2,
An Ordinance to amend Ordinance No. 8 of 1855, for the better Assur
ing Lands, Tenements, and Hereditaments within these Islands.
(Passed 2nd July, 1855. Confirmed 14th July, 1856.) This Ordinance repeals the second proviso in Ordinance No. 8 of 1855, sect. 2, which was as follows: “ Provided nevertheless that whenever any person shall come into the possession of any land so occupied as aforesaid after the period herein allowed for making a claim thereto, such person may, within twelve months after having so come into possession, make application to the President for permission to file a claim in manner herein directed, and such permission may be granted at the discretion of the President.
No. 3, Ord. No. 8,
Aliens may hold lands, &c., on lease not to exceed
No. 3.-ORDINANCE No. 8 of 1857.
Salt-ponds under Lease within these Islands. (Passed 17th
Oct., 1857. Confirmed 13th Feb., 1858.)
hold houses, lands, salinas, and salt-ponds within these islands, under lease for a term of years; May it
, &c. I. That it shall be lawful for aliens to hold houses, lands, salinas, and salt-ponds situated within these islands, upon lease for a term of years not to exceed twenty-one years, and during such term such aliens, as regards the said houses, lands, salinas, and salt ponds, so leased as aforesaid, shall have and enjoy within these islands all the rights and privileges of naturalized British subjects : Provided that nothing hereinbefore contained shall be construed to prevent a further lease between the parties at the expiration of the said term of twenty-one years of the houses, lands, salinas, and salt-ponds so leased as aforesaid.
II. And whereas it is expedient that any alien to whom any such lease may have heretofore been made for any houses, lands, salinas, and salt-ponds within these islands should possess the rights and privileges hereinbefore mentioned: Be it further or
Lease may be extended.
dained, That any alien to whom any such lease may have been No. 3. made for a term of years not exceeding twenty-one years, shall Ord. No. 8, within these islands possess and enjoy all the privileges of natural 1857. ized British subjects, so far as regards such houses, lands, saltponds, or salinas so leased as aforesaid.
III. That the provisions hereinbefore contained shall be held Ordinance not and taken not to apply to the salinas and salt-ponds at Turks to apply to Islands, nor to permit any alien to purchase salt-ponds or salinas salt-ponds at
Turks Islands, at these islands at any public auction or sale of such salinas or salt-ponds.
No. 4.-ORDINANCE No. 9 of 1857.
Ord. No. 9, An Ordinance to provide for the Improvement of the Spaces in Front
1857. of the Towns in the Turks Islands. (Passed 17th Oct., 1857.
Confirmed 13th Feb., 1858.) THEREAS in and by Ordinance No. 8 of 1855, for the better PREAMBLE.
assuring lands, tenements, and hereditaments within these islands, provision is made for deciding disputed claims to land, and it is expedient that further provision be made for putting parties, in whom the rightful title under the said Ordinance is adjudged to be, in possession of such land; May it, &c.
ted quesI. That whenever any decision as to the title to land shall have tion of title is been made according to the Ordinance aforesaid, the party adjudged settled, the to be entitled thereto shall be at liberty to sue out a writ of pos
party succeedsession in like manner as may be done after judgment in an action
ing may have writ of
session. II. And whereas divers persons have put in claims under Ordi- Provisions nance No. 8 of 1855, for certain bay lots having sea boundaries, respecting which said lots have been improved by the erection of piers and frontage lots abutments, and upon some of which buildings have been erected; under Ord. No. and whereas it is expedient that while the parties so claiming as 8, 1855. aforesaid should not be disturbed in their possession, provision should at the same time be made for permitting the owners of town lots bounding on Queen Street in the town of Grand Cay, to improve the spaces immediately in front of such lots, under the restrictions hereinafter mentioned ; Be it, &c., That all persons who have improved the bay lots hereinbefore referred to, in manner aforesaid, and who have petitioned for grants in fee simple for the same under Ordinance No. 8 of 1855, shall, by virtue of this present Ordinance, be entitled to such grants in fee simple for such lots as aforesaid, upon payment of such fees as may be payable under the said Ordinance No. 8 of 1855 : Provided always, that wherever any building shall have been already erected on such bay lots, the proprietors of the same may, from time to time, repair such buildings, but no further or other buildings whatsoever shall at any time be erected on such lots; nor shall any ever be built on those No other buildlots hereinbefore referred to where none have yet been erected; ings to be
erected than and if contrary to the express intent and meaning of this Ordinance
those already any buildings are hereafter erected on any bay lots whatsoever for built. which under this Ordinance grants in fee simple may or shall be obtained, the owner of the lot on which any building shall be