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No. 4. Ord. No. 9, 1857.
Persons claiming such bay lots to take
Owners of town lots
may erect abutments on the lots in front of the town and opposite to the lots in the front street.
Title in fee simple, how obtained.
VI. That it shall be lawful for the Crown Surveyor, and he is hereby authorized and required within three months after any such abutment shall be completed, and at the request of the owner of the lot in front of which the same may be situate, to grant a certificate thereof in writing, which certificate being duly proved and registered in the office of the Registrar of these islands, shall convey to the owner of every such lot a title to the abutment and premises in front of the same in fee simple.
VII. That every person who shall become the proprietor of any abutment, for which titles in fee simple shall have been obtained under this Ordinance, shall be required to keep the same in repair, and if such repair shall be neglected after notice given to such proprietor by the Crown Surveyor of these islands, it shall be lawful for such Crown Surveyor to have such repairs effected at the expense of such proprietor, and the amount expended in such repairs may be recovered by action at law.
VIII. That the several provisions herein shall be applicable to the improvements made or to be made at the island of Salt Cay, by erecting piers or abutments on lots having water boundaries, as much as if the town at the said island had been named in connection with such provision respectively.
IX. And whereas some doubts exist, whether grants of land Land from any from any Governor of the Bahamas, which were from time to time
Abutments to be kept in repair.
erected shall be liable to be proceeded against as for a public nuisance, and on conviction, such building shall be removed at the expense of the party offending.
III. That all persons who may have petitioned for grants in fee simple for the bay lots herein before mentioned under Ordinance No. 8 of 1855, shall derive such title under and by virtue of this Ordinance, and of none other, anything contained in the said Ordinance No. 8 of 1855 to the contrary notwithstanding.
IV. And whereas it would much tend to the improvement of the bay of the town at Grand Cay aforesaid, and to the convenience of its inhabitants, if the vacant spaces lying between the front of the town and low-water mark were properly faced with strong and sufficient walls and abutments: Be it further ordained that it shall and may be lawful for the owners of the several town lots in front of the town aforesaid, at any time within five years next after the publication of this Ordinance, to fill up the vacant spaces of ground lying in front of their respective lots, and to erect abutments thereon, and to extend the same to low-water mark, or so much further as such owner may think fit, and to build wharves and to erect shears or cranes for landing goods thereon: Provided that where a road exists, a space of twenty feet shall be left on the cast side of such spaces so built up for such public road.
V. That where any road or alley running to the sea may be opposite to any such vacant space, the proprietor of the lots on each side of such road may unite and build in front of such road, but the space in front thereof shall ever remain public property: Provided always that it shall not be lawful to erect any house, outhouse, warehouse, storehouse, or shed upon the same, and that if any person shall erect any house, shed, or building whatsoever upon any such abutment, the same may be taken down or removed by the Crown Surveyor, at the expense of the party who may have erected the same.
to apply to Salt Cay.
given to divers inhabitants of these islands prior to the separation
declared to be
No. 4. Ord. No. 9, 1857.
REGISTRY OF DEEDS, &c.
No. 1.-51 Geo. 3, ch. 15. An Act to enable Husband and Wife, by Deed, to convey and alien the Plantations, Lands, and Tene- Act 51 G. 3, C. 15. ments of the Wife, or of the Husband and Wife jointly, situate and being within the Bahama Islands. (Dec. 28th, 1810.)
by Deed by husband and
wife of lands of wife valid,
if executed with certain formalities.
HEREAS it will tend much to the benefit and advantage of PREAMBLE. the inhabitants of these islands, if husband and wife are enabled and authorized to convey and alien, by deed, the lands, tenements, hereditaments, and real estates whereof the husband and wife may be seized in right of the wife; or whereof the husband and wife may be jointly seized; May it, &c., That from and after Conveyances the passing of this Act, any deed or deeds, in due form of law, made and executed by the husband and wife, of the plantations, lands, and tenements of the wife, lying and being within the Bahama Islands; or of any plantations, lands, and tenements within the same, whereof the husband and wife were seized in right of the wife; or whereof the husband and wife were jointly seized; and acknowledged before any one of His Majesty's Justices of the Courts of King's Bench and Common Pleas in England and Ireland, or of the Court of Session in Scotland, or the Sheriff depute of any county in Scotland, or of any of the Judges of the Superior Courts in any of His Majesty's colonies or dominions, shall, to all intents and purposes, be as effectual and valid in law, to pass all the estate, right, title, interest, and claim of the party or parties, and of each of them, to such deed or deeds, in, or to all, or any, the plantation or plantations, lands, tenements, hereditaments, and appurtenances, by such deed or deeds granted, conveyed, or made over, or thereby intended to be granted, conveyed, or made over to the person or persons, bargainee or bargainees, grantee or grantees, in the said deed or deeds mentioned, their heirs and assigns for ever; to whom, or to whose use, any estate in such plantation or plantations, lands, tenements,. hereditaments, and appurtenances, is by the said deed or deeds limited, bargained, sold, granted, or conveyed, according to the several limitations in the said deed or deeds contained, as if the party or parties to the said deed or deeds from whom the interest moves had levied a fine or fines with proclamations, or suffered a common recovery or recoveries of such plantation or plantations, lands, tenements, hereditaments, and appurtenances in any of His Majesty's Courts of Record at Westminster, or within these islands, and duly executed deeds, leading the uses of such fine or fines, or declaring the uses of such recovery or re
No. 1. Act 51 G. 3, c. 15.
No. 2. Act 2 G. 4, c. 32.
Such record to be good evidence.
coveries to be to such bargainee or bargainees, grantee or grantees, their heirs and assigns for ever; to whom, or to whose use, such plantation or plantations, lands, tenements, hereditaments, and appurtenances are, by the deced or deeds so to be executed and acknowledged as is above mentioned, limited and conveyed; or that the same and every part thereof had been bargained, sold, conveyed, or set over, by any, the firmest deed or deeds, conveyance or conveyances, assurance or assurances, in the law, that could be advised or devised by council learned therein: Provided always, nevertheless, that the wife, who is a party to any such deed or deeds, be of full age at the time of the execution thereof, and be privately and apart examined before the Judge or Sheriff depute, before whom such deed or deeds is, or are acknowledged; and doth declare that she executed the same freely, voluntarily, and without fear, dread, or compulsion of her said husband: And provided also, that the acknowledgment of the execution of such deed or deeds by the party or parties executing the same, and the examination of the wife, shall be indorsed on such deed or deeds, and subscribed by the Judge or Sheriff depute, before whom they are taken.*
An Act concerning certain Probates of Deeds in the United States of America, and to suspend an Act therein mentioned. (Jan. 23rd, 1822.)
No. 2.-2 Geo. 4, ch. 32.
HEREAS it is expedient that deeds executed or witnessed by persons resident in the United States of America should be capable of being proved and recorded without the actual presence in these islands of the persons so having executed or witnessed the same; Be it, &c., That when it shall be duly certified that any conveyance, gift, grant, bargain, sale, assignment, release, mortgage, letter of attorney, or other deed whatsoever, under seal, has been acknowledged by the person or persons who executed the same, or proved by one of the subscribing witnesses thereto, under oath, or by affirmation where the witness is a Quaker, before His Majesty's Consul-General in and for the said United States, or any other Consul or Vice-Consul of His Majesty residing in the said United States, or territories thereunto belonging, or before one of the Judges of the Supreme Court of the said United States, or before the Chief Justice of any one of the said States, or before a notary public duly commissioned, and acting as such in any of the said States or territories thereunto belonging, such conveyance, gift, grant, bargain, sale, assignment, release, mortgage, letter of attorney, or other deed, may lawfully be recorded in the office of the secretary of these islands, upon the production thereof, accompanied with such certificate as aforesaid; and any deed so recorded, or the record thereof, or any copy of the record thereof, certified under the hand of the said secretary or his lawful deputy, shall be allowed and received as evidence in any Court of Law or Equity within these islands, in as full and ample a manner as if the said
*By 5 Wm. 4, c. 24, ante, part 2, class 4, No. 4, the Justices of the General Court are authorized to appoint Commissioners on the Out-islands for the better carrying into effect the provisions of this Act.
deed was actually produced and proved in such Courts, by the oath or affirmation of one of the subscribing witnesses to the execution of the same: Provided, however, that when the acknowledgment or proof of any such deed, as aforesaid, shall have been taken before one of the Judges of the Supreme Court of the said United States, or before a Chief Justice of any of the said States, or before a notary public, as aforesaid, no certificate of such acknowledgment or proof shall be valid, so as to entitle the holder of such deed to record the same, as aforesaid, or to use the same in evidence, as aforesaid, unless to such certificate there be annexed a further certificate, from His Majesty's Consul-General for the said United States, or some other Consul or Vice-Consul of His Majesty residing in one of the said United States, or a certificate under the Great Seal of the said United States, or of one of the said States, certifying the said Judge, Chief Justice, or notary public to be such, and that full faith and credit is due to his acts as such; any thing in this Act hereinbefore contained to the contrary notwithstanding.
No. 2. Act 2 G. 4, c. 32.
II. That the probate of any last will and testament taken before any officer authorized to take probates of wills in any of the said States, and exemplified under the seal of the State where such probate shall have been taken, shall be, and the same is hereby declared to be as good and effectual in the law as if such probate had been taken before the ordinary of these islands; any law, custom, or usage to the contrary notwithstanding.
III. That all conveyances, letters of attorney, or other deeds Deeds recorded heretofore recorded in the proper office established by law in these previous to islands, which shall have been executed agreeably to the provisions this Act to be now pointed out by this Act, shall be valid in law, to all intents and purposes whatever.
IV. Suspends 36 Geo. 3, ch. 8.
Probate of Wills exemplified under State Seal, to be valid.
No. 3.-ORDINANCE No. 3 of 1852.
An Ordinance to provide for the Public Registering and Recording of Deeds, Wills, Agreements, and all other Writings within the Turks and Caicos Islands, and for other purposes therein mentioned. (Passed 23rd July, 1852. Confirmed 23rd Feb., 1853.) HEREAS it is expedient that the laws now in force for regu- PREAMBLE. Caicos Islands should be revised and amended; May it, &c.
of Deeds for the
I. That all deeds and conveyances, gifts, grants, releases, bar- Deeds, &c., to gains, sales, mortgages, powers of attorney, wills, or other writings be registered. whatsoever already made and executed, or which, from and after the allowance of this Ordinance shall be made and executed, of or concerning, or whereby any lands, tenements, or hereditaments, vessels, or other estate may be in any way affected in law or equity, as also any agreement, letter, account, or other writing (except promissory notes or bills of exchange) not under seal may, at the election of the party or parties concerned, be lawfully registered, enrolled, and recorded in such manner as is hereinafter directed and required.
No. 3. Ord. No. 3, 1852.
Ord. No. 3,
Colonial Secretary's office to be the Office of Registrar.
Colonial Secretary to be exofficio Regis
Proof of deeds, &c., before registering, how made.
Probate of Wills, &c., to be registered.
Registrar and his deputies to be sworn.
II. That the public office for the registering and recording such deeds and other papers shall be established and kept at the office of the Colonial Secretary at Grand Turk, and be managed and executed by the said secretary for the time being, who shall be exofficio registrar of deeds and other writings for the Turks and Caicos Islands, or by his sufficient deputy; and that before any deed, conveyance, or other writing shall be entered, registered, and recorded as aforesaid, the due execution thereof shall be proved before the said registrar or his deputy by the acknowledgment of the party or parties executing the same, or by the oath of one or more subscribing witness or witnesses, or, if such witness or witnesses happen to be of the people called "Quakers," then by the solemn affirmation of such witness or witnesses, and if such witness or witnesses is or are dead, or absent from these islands, then upon proof being made before such registrar or his deputy, of such death or absence, by oath or solemn affirmation as aforesaid, it shall be lawful for such registrar or his deputy to receive proof of the handwriting of such subscribing witness or witnesses, and also of the signature or handwriting of the party or parties executing such deed, conveyance, or other writing by the oath or solemn affirmation of one or more creditable witness or witnesses in manner aforesaid; and upon such proof so made and given, the said registrar shall be authorized to record the deed, conveyance, or writing so proved.
III. And be it further ordained, That whenever any letters testamentary, or letters of administration, shall be granted by the Ordinary of these islands, it shall be the duty of the said Ordinary to have the will of the deceased and probate thereof (where there is a will), and the inventory and appraisement of the estate of the deceased recorded in the said office, and the certificate of the said Ordinary indorsed upon any such will, that the same was duly proved before him, and upon any such inventory and appraisement, that the same was duly executed and filed with him, shall be sufficient to authorize the said registrar or his deputy to record the same.
IV. That the said registrar or his deputy shall indorse a certificate on every such deed, conveyance, or other writing, and therein mention the certain day, hour, and time on which such deed is so entered, registered, and recorded, expressing also in what book, page, and number the same is inserted, and that the said registrar or his deputy shall sign the said certificate when so indorsed; which certificate shall be taken and allowed as evidence of such respective registries in all Courts of Record whatsoever within these islands; and that every page of such register books, and every deed, conveyance, and other writing that shall be entered therein shall be numbered, and the day of the month, year, hour, or time of day when the same is registered and recorded, shall be entered in the margins of the said registrar's books, and of the said deed, or conveyance, or other writing; and that the said registrar shall duly enter, register, and record the said deeds, conveyances, or other writings in the same order that they shall respectively come to his hand; and that he shall, before he enters upon the execution of the said office, be sworn before two or more members of the Council of these islands in these words: "You shall truly and faithfully perform and execute the office and duty that is required by Ordinance No. 3 of 1852, in entering, registering, and recording