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X. That all pecuniary penalties incurred under this Ordinance No. 1. which shall be recovered by or in the name of a person other than Ord. No. 5, the Queen's Advocate of this Presidency shall be distributed in 1854. manner following; that is to say - One moiety thereof to Her
Distribution of Majesty, her heirs, and successors, towards the support of the
Penalties. Government of these islands; and the other moiety thereof, with full costs of suit, to the person who shall inform and sue for the same: and all such pecuniary penalties as aforesaid which shall be recovered by or in the name of the Queen's Advocate shall be applied to the use of Her Majesty for and towards the support of the Government of these islands : Provided always that the President at his discretion may give all or any part of such penalties or shares of penalties belonging to Her Majesty, as rewards to any person who shall have detected such offences or given information which may have led to the discovery thereof, or to the conviction of the offenders.
XI. That all penalties incurred by any person for offences Penalties to against this Ordinance shall be sued for within the space of one
be sued for
within one year next after the penalty shall be incurred.
before me this
No. 2.-ORDINANCE No. 19 of 1860.
1860. Confirmed 14th June, 1861.) HEREAS the uncertainty and infrequency of the communica- PREAMBLE.
tion between the different islands of this Government present an obstacle to the prosperity and cordial co-operation between the inhabitants of the said islands, and it is therefore expedient that such impediments should be removed ; May it, therefore,
No. 2. I. That it shall be lawful for the President, by and with the Ord. No 19, advice of the Council, from time to time to contract for a fit an 1860. proper boat or vessel to be employed in conveying passengers,
freight, and letters, to and from the following ports of this Government: viz., Grand Turk, Salt Cay, and Cockburn Harbour, and according to such plan as may be fixed on by the President and
Council aforesaid. £60 per annum II. That all arrangements for the proper management of such allowed for the boat or vessel in sailing to and from the said ports, and for the conveyance of letters. management of the several post-offices in this colony, shall be made
from time to time by the President and Council, and that a siuni of money not exceeding Sixty pounds shall be annually paid, by warrant, out of the Public Treasury in the usual manner, for the hire
of a boat or vessel to carry out the provisions of this Ordinance. All Freight and
III. That any party contracting for the hire of the said boat or Passage-money vessel shall be legally entitled to all freight and passage-money paid to the use of owner of accruing from any passengers and freight conveyed in such boat or such boat. vessel; provided that all officials of the colony when travelling on
duty, and not otherwise, shall be entitled to travel to and fro in such boat or vessel free from all and every charge for passage
money. Rules to be IV. That the rules and regulations to be made, as aforesaid, shall published.
be kept exhibited for public information at the several post-offices
of the colony. Branch post
V. That a branch post-office be established at Salt Cay and one office established and Deputy
at Cockburn Harbour, and it shall be lawful for the President to Postmasters appoint deputy postmasters thereat, who shall make and subscribe, established. before some Justice of the Peace, the declaration to this Ordi
nance annexed. Their duties
VI. That there shall be allowed and paid out of the Public Trekand allowances.
sury of these islands, for salary and office-rent, by warrant in the usual manner, to the deputy postmaster at Salt Cay the sum of Ten pounds, and in like manner to the deputy postmaster at Cockburn Harbour the sum of Five pounds : Provided, in the first place, that the buildings or rooms used for post-offices at Salt Cay and Cockburn Harbour shall be situated in some convenient part of each town as shall from time to time be approved of by the President in Council; and, secondly, that the deputy postmasters, as aforesaid, shall personally, or by sufficient assistants, give their attendance at at their respective offices at such hours and times as may from time to time be appointed by the President in Council; and thirdly, that such officers shall, at least once in every week, cause a list of all unclaimed letters to be exhibited outside of the doors of their respective offices : Provided, however, that no letters shall be delivered out of such offices without first having the postage paid
thereon. Clauses of Ordi VII. That the following provisions contained in Ordinance nance No. 5
No. 5 of 1854 : viz., sections 4, 5, 6, 7, 8, 9, 10, 11, and all others of 1854, declared in force.
so far as the same can apply to Salt Cay and Cockburn Harbour, shall be held and taken to apply to the said places, and to the said deputy postmasters and their offices respectively, as fully and in the same manner as if such places and deputy postmasters and their offices were particularly mentioned and designated in the aforesaid Ordinance.
VIII. That upon all letters lodged at any of the aforesaid offices
for transmission to any place, there shall be charged and paid a
No. 2. rate of One penny halfpenny as inland postage, in addition to any Ord. No. 19, other postage which may be chargeable on such letters, and all
1860. letters shall be pre-paid before forwarded : Provided, however, that
Rate of Inland all consignees' letters and all letters on Government service shall
Postage. go free. And all sums of money coming into the hands of any postmaster as postage shall be accounted for and paid once in every Three months, to the Assistant Receiver-General at Salt Cay, or revenue officer at Cockburn Harbour, as the case may be.
IX. That if any person shall become possessed of any letter or Penalty for newspaper addressed to another person, and shall wilfully and unlawfully
opening or unlawfully break open the cover or envelope of such letter or paper,
withholding or shall withhold such letter or paper when claimed by the party to letters or whom the same shall be addressed, every person so offending shall papers. forfeit and pay for every such offence à sum not exceeding Five pounds, to be recovered and applied in like manner as other penalties are by this Ordinance.
SCHEDULE. I, A. B., do solemnly declare that I will not knowingly or willingly open or delay any letter or thing which may come into my hand or custody as deputy-postmaster, except by the consent of the person or persons to whom the same shall be directed, except in such cases where the party or parties to whom such letter or anything sent by the post shall be directed, and who is or are chargeable with the payment of the postage therefor, shall refuse or neglect to pay the same, and except the party or parties to whom the same shall be directed cannot be found. This declaration was made before me this
No. 1.-ORDINANCE No, 9 of 1860.
Ord. No.9, An Ordinance to establish and regulate a Public Bank for the Turks
1860. and Caicos Islands. (Passed 17th April, 1860. Confirmed
25th July, 1861.) HEREAS the establishment of a public bank would be highly PREAMBLE.
beneficial to the inhabitants of these islands ; May it, &c., The President That as soon as this Ordinance shall come into operation, it shall to appoint a and may be lawful for the President of these islands to appoint a Turk for Public fit and proper place at Grand Turk for a public bank.
Bank. II. That the said bank shall be under the supervision and direc- Bank to be tion of five Directors, to be appointed annually by the President, under superwith the advice of the Council; and in case of the death or refusal vision of five
Directors to act, or removal of any such Director, such vacancy shall be filled
appointed up by the President in manner aforesaid.
annually. III. That it shall and may be lawful for the President in Coun- President and cil to appoint a fit and proper person to act as cashier of the said Council to bank.
No. 1. IV. That it shall be the duty of such cashier, to keep written Ord. No.9, up the books and respective statements of the accounts, of all 1860. parties concerned with the said bank, who may have borrowed
money therefrom, or deposited money therein; and to cause obserDuty of Cashier.
vance of strict punctuality of payment, of all sums of money, that
may from time to time become due and owing to the said bank, Hours of and such cashier shall give daily attendance at the bank, Sundays attendance. and holidays excepted, from the hour of ten A.M. to three P.M.,
unless otherwise ordered by any rule to be made under this Ordi
nance. Cashier to give V. That such cashier, before entering on the duties of his office, bond.
shall give a bond or bonds to Her Majesty, her heirs, and successors, with sufficient sureties, which bond or bonds shall be taken by the Colonial Secretary, and shall be conditioned for the due discharge of the trust reposed in such cashier, and for his and their liability
for all sums of money deposited in such bunk, such bond or bonds Bond to be in the first instance to be in the sum of Five hundred pounds; and renewed when such bond or bonds shall be renewed as often as the President necessary. shall require, with sufficient sureties in such amount as such Presi
dent shall think necessary for the due security of the money de
posited in the said bank. Remuneration VI. That in the first instance such cashier shall receive for a to Cashier, remuneration a sum equal to the entire profits of such bank, to be
paid to him by warrant in the usual manner, until such remuneration shall amount to Two hundred pounds per annum, and the salary aforesaid shall then remain fixed at the said sum of Two hundred pounds per annum : Provided that such profit shall con
tinue to amount to the said sum of Two hundred pounds. Cashier to make VII. That it shall be the duty of such cashier to make a return return monthly to the President and Directors once in every month of the affairs of of the affairs of such bank, which return shall be rendered within seven days after the Bank.
such term shall expire; and no warrant shall be passed for the payment of the salary of such cashier so long as the return afore
said shall be in arrear. The President VIII. That it shall be lawful for the President, from time to to appoint time, at least once in every six months, to appoint a committee to
examine and report upon the state and affairs generally of the said examine same.
bank; and such committee shall have power to examine the books, accounts, and vouchers of the said bank, and to ascertain that the
balances of cash in the bank correspond with the books of the bank. President and
IX. That it shall and may be lawful for the President and Council to make rules
Council, at the recommendation of the Directors, to make rules and to regulate the regulations for the guidance of the cashier, and for regulating the Bank.
business of the bank; and from time to time to alter and amend the same, which rules shall bind all parties transacting business with the said bank : Provided that such rules be not repugnant to the provisions of this or any other Ordinance of these islands, and a copy of such rules shall be hung up in the said bank for the in
formation of the public. Director autho X. That it shall and may be lawful for the directors of the said rized to receive bank, in their discretion, to receive from individuals, or from any deposits at interest.
friendly society, or authorized company, deposits in the said bank; and to open an account with any such parties for such amount, and for such period as in their discretion they shall think fit, at the respective rates of interest hereinafter mentioned.
XI. That any person over the age of twelve years may be en No. 1. titled to lodge money in the said bank, according to the provisions Ord. No. 9, of this Ordinance; and such minor may draw the whole, or any 1860. part of the principal or interest of the money so deposited, as a
Persons over person of full age might do; and his or her receipt for such money twelve years of shall be a sufficient acquittance to such cashier.
age may deposit XII. That receipts from the cashier for money deposited at money. interest in the said bank may be transferred from one person to Deposits how another, by the indorsation of the holders thereof; and the cashier transferred. is hereby authorized to pay so much money, with the interest as may be due and payable thereon to the party in whose possession the said receipt may be at the time of presentation for payment.
XIII. That it shall be lawful for the cashier of the bank, in Cashier to granting receipts for moneys there deposited for a fixed period, at grant receipts
transferable. interest, to grant the same transferable : Provided, however, that no transfer or assignment of money held in virtue of such receipt shall be valid and binding for the purposes of this Ordinance unless the same be duly notified to the cashier of the bank, and an acknowledgment of such transfer made by him in writing on the face of such receipt or assignment thereof.
XIV. Repealed by Ordinance No. 25 of 1860.
XV. That upon all sums lodged in the said bank upon interest, Interest on there shall be allowed and paid interest at the rate of four per deposits to cent, per annum, and such interest may be carried to the credit of be calculated the depositors.
yearly at four XVI. That upon all sums loaned from the said bank, interest at Sums may be the rate of six per cent. per annum shall be charged, payable in loaned from advance : Provided that the Directors shall not loan any sum of the Bank at
six per cent. per money from such bank, except on such security as they may think
annum, payable sufficient.
in advance. XVII. That the entire profits arising from such bank shall be Profits of the paid quarterly to the Receiver-General and Treasurer of the colony, Bank to be
paid into the in aid of the general revenue of these islands.
Treasury. XVIII. That it shall be the duty of the cashier to provide a fit Book to be proand proper book, for recording the names of applicants for money, vided to enter according to the form to this Ordinance annexed, marked A.
the names of apXIX. That it shall not be lawful for the said cashier to loan plicants forloans any money without the consent of three Directors, to be signified by consent of and attested by their signatures in the book before mentioned ; three Directors : and whenever it is proposed to loan such money for a period longer than six months, than six months, the consent of all the Directors shall be neces
consent of all sary.
necessary. XX. That it shall be lawful for the Directors of the said bank Directors may to loan money to the Treasurer of the colony for short periods, on
loan money to
the Treasurer, obtaining his certificate therefor; and whenever from time to time
and by consent there may be in the office of the Receiver-General and Treasurer of President of these islands any surplus revenue for which there may be no and Council, immediate employment, and it shall appear to the President in public money Council that such money might, with advantage to the public, be may be lodged
in the Bank, at placed at interest in the said bank, it shall and may be lawful for
interest. the Receiver-General and Treasurer to lodge such sum or sums of money in the said bank as may be fixed on by the President and Council as aforesaid, upon interest, for such length of time as may by the said President in Council be thought advisable, and such money so lodged shall have the same rate of interest, and be subject