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No. 11. Ord. No. 3, 1856.

please the Queen's Most Excellent Majesty that it may be ordained by-

I. That upon the death, resignation, or other removal from office of the present holders of the public offices of this colony hereinafter mentioned, there shall be allowed and paid out of the Public Treasury of these islands to the persons appointed to such offices respectively, as hereinafter are mentioned (anything in any Act or Acts of Assembly of the Bahama Islands, or Ordinance or Ordinances of these islands to the contrary notwithstanding), in monthly payments, by warrant in the usual manner, in lieu of the salaries and allowances now payable to the holders of such public offices, the following annual sums of money, to wit:

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That so soon as the reduction in the salary of the Inspector and Head Master shall take effect, the sum granted by section 12 of Ordinance No. 4 of 1853, for educational purposes, shall be fixed at £400 in lieu of £450, and the 16th section of the said Ordinance, granting the sum of £70 for passage allowance of an Inspector and Head-master, shall be repealed, and the same is hereby repealed accordingly.

PART X.

MISCELLANEOUS LAWS.

ABOLITION OF UNNECESSARY OATHS.

No. 1.-11 Vic. ch. 7. An Act for the Abolition of Unnecessary
Oaths. (22nd March, 1848.)

HEREAS the administration of oaths on the entry and clear

WHE

No. 1.

Act 11 Vic.

c. 7.

ance of vessels or goods inwards or outwards at the office PREAMBLE. of the Receiver-General and Treasurer, as also at the offices of the several Receivers of Colonial Duties has been abolished by the 22nd section of the Act of Assembly, passed in the eighth year of your Majesty's reign, for the better regulation of the office of Receiver-General and Treasurer, and it is expedient that the principle of that enactment should be extended to certain other oaths now by law required to be administered and taken; May it, &c., That from and after the passing of this Act the following oaths shall be abolished, and in lieu thereof the person or persons now required by law to take any such oath or oaths shall make and subscribe a declaration or declarations to the same effect as the oath or oaths hereby abolished, that is to say, the several oaths required to be taken by an Act passed in the forty-fourth year of the reign of King George the Third, entitled, "An Act to oblige 44 Geo. 3, c. 1. masters of vessels and other persons to give security in the Secretary's office, and for suspending two several Acts therein men

c. 1.

tioned; also the oath required to be taken by pilots before entering 4 W. 4, c. 24, on the discharge of their duties as pilots; also the oath required and 3 Vic. c. 6. to be taken by persons elected to serve as vestrymen; and also the oath required to be taken by an executor of the last will and testament, or an administrator on the estate of any deceased person before entering on the discharge of his functions as such executor or administrator."

II. And whereas a practice has prevailed of administering and receiving oaths and affidavits voluntarily taken and made in matters not the subject of any judicial inquiry, nor in anywise pending or at issue before the Justice of the Peace or other person by whom such oaths or affidavits have been administered or received; And whereas doubts have arisen whether or not such proceeding is illegal, for the more effectual suppression of such practice and removing such doubts; Be it enacted, that from and after the commencement of this Act, it shall not be lawful for any Justice of the Peace or other person to administer, or cause or allow to be administered, or to receive, or cause, or allow to be received any oath, affidavit, or solemn affirmation touching any matter or thing whereof such Justice or other person hath not jurisdiction or cognizance by some statute in force at the time being, or which is not made or tendered to be made in some matter or question touching the preservation of the peace, under a penalty of One hundred pounds for every such offence, to be recovered at the

No. 1.

Act 11 Vic.

c. 7.

suit of the Crown by action of debt, in any Court of competent jurisdiction in the colony, and paid into the Public Treasury, in aid of the expenses of the Government of these islands: Provided always, that nothing herein contained shall be construed to extend to any oath, affidavit, or solemn affirmation, which may be required by the laws of any foreign country to give validity to instruments in writing, designed to be used in such foreign country.

No. 2.

Ord. No. 4, 1856.

PREAMBLE.

No. 2.-ORDINANCE No. 4 of 1856.

An Ordinance to amend an Act entitled "An Act for the Abolition of Unnecessary Oaths." (Passed 9th July, 1856. Confirmed 11th Dec., 1856.)

WHE

THEREAS it is expedient to amend the Act passed in the eleventh year of your Majesty's reign, by the Legislature of the Bahama Islands, entitled "An Act for the Abolition of Unnecessary Oaths;" and which said Act is extended to this colony by the said Legislature, by the Act of the 11th Victoria, chapter 1, commonly known as the "Separation Act;" and to make some further provisions for the better effecting the object thereof; And whereas, it may be necessary and proper in many cases not therein specified to require confirmation of written instruments or allegations, or proof of debts, or of the execution of deeds, or other matters; May it, &c.,

I. That it shall and may be lawful for any Justice of the Peace, Notary Public, or other officer, who prior to the passing of the aforesaid Act was authorized by law to administer an oath, to take and receive the declaration of any person voluntarily making the same before him; and if any declaration so made shall be false or untrue in any material particular, the person wilfully making such false declaration shall be deemed guilty of a misdemeanour.

II. That whenever any declaration shall be made and subscribed by any person or persons under or in pursuance of the provisions of this Ordinance, or the Act to which it is an amendment, or any of them, all and every such fees or fee as would have been due and payable on the taking or making any legal oath, solemn affirmation, or affidavit, shall be in like manner due and payable upon making and subscribing such declaration.

III. That instead of the several oaths required by the Act of the Bahama Legislature, 2nd Victoria, chapter 6, for raising a revenue, sections 13 and 18, and extended to these islands, declarations to the same effect shall be substituted.

IV. That in any case where a declaration is substituted for an oath under the authority of this or any other law of the colony, any person who shall wilfully and corruptly make and subscribe any such declaration knowing the same to be untrue in any material particular, shall be deemed guilty of a misdemeanour.

V. Provided always that nothing herein contained shall extend or apply to any oath now required to be taken by any person who may be appointed to any office, or to any oath specially required to be taken by any Ordinance or other law now in force in this colony, nor to any oath in any proceeding of a judicial nature or character, whether preliminary or final.

PUBLIC LIBRARY.

No. 3.-ORDINANCE No. 8 of 1851.

An Ordinance to establish a Public Library within the Turks and Caicos Islands. (Passed 10th Oct., 1851. Confirmed 8th June, 1852.)

No. 3. Ord. No. 8, 1851.

W Legislative Council of these islands on the 22nd Oct., 1850,

HEREAS an Ordinance, No. 9 of 1850, which passed the PREAMBLE.

blished.

entitled "An Ordinance to establish a Public Library within the Turks and Caicos Islands," has been found to contain two sections irregular and objectionable in point of form, as implying a control on the part of the Legislative Council of the Turks and Caicos Islands over Her Majesty's Crown funds of those islands, and it is expedient that a similar Ordinance should be enacted free from the objection adverted to; And whereas the establishment of a public library would be of great benefit to the inhabitants of these islands generally; And whereas a number of books hitherto composing a Public Library lending library in connection with the Church Aid Society of to be estathese islands have been offered as a foundation for a public library, Four Members provided such an institution should be fixed and established upon of Council, some permanent basis; May it, &c., That a public library shall be two of whom established at Grand Turk, to be called "The Turks and Caicos shall be elective, Islands' Public Library ;" and that four members of Council, two of to be appointed whom shall be from among the elective members, shall be nomi- by the President nated annually, by the President or officer administering the Government, as trustees of the said library, with full power to make rules and regulations for the management of the said library, and such rules and regulations to amend or annul at their pleasure, and generally to transact all business connected with the said library-and that the President or officer administering the Government shall have the casting vote in the event of an equal division between the trustees, arising in any matter of dispute.

as Trustees. Trustees to

make Rules and have management. Reference to

be made to the President in

matters of dispute. Subscriptions and Donations.

How to be appropriated. Grant from

II. And be it further ordained, that it shall be lawful for the trustees aforesaid to procure subscriptions and receive donations towards the support of the said library, and such subscriptions and donations, together with such sum or sums of money as may be appropriated annually towards the support of such library by the Legislature of these islands, from the general revenue of the said general Revenue islands, shall be applied by the said trustees towards the purchase not to exceed and procuring of books and other requisites for the same: Pro- amount of subvided always that the sum or sums so appropriated annually from the general revenue shall not exceed at any time the amount of subscriptions and value of donations obtained in each respective year, such sum, however, from the general revenue aforesaid not to exceed in any one year the sum of Fifty pounds.

scriptions and

other donations. In no case to

exceed £50.

Rules to be

III. And be it further ordained, that at every meeting of the trustees aforesaid, there shall be at least three members present, approved of by and all rules made or amended shall be approved of by the Presi- the President. dent or other officer administering the Government, before the same be acted upon.

IV. And be it further ordained, that in each year in the month of January, a yearly report of the state of such library shall be made by the trustees aforesaid to the Legislative Council.

An Annual

Report to be
made to the
Legislative
Council.

No. 3.

Ord. No. 8, 1851.

Persons of every

denomination may become Subscribers.

By-rules, when approved of to be binding.

Penalties

inflicted to be recovered before one or more Justices of the Peace.

Penalties how appropriated.

Grant from General Revenue.

V. And be it further ordained, that it shall not be in the power of the President or other officer administering the Government, nor of the trustees as aforesaid, to restrict the number of subscribers by any by-rules or otherwise, to any class or denomination of persons whatsoever, but all parties who shall have resided for not less than Thirty days within this presidency shall be entitled, on payment of the subscription hereafter to be decided upon in the by-rules, to all such advantages and benefits as are likely to be derived from the establishment of a public library within these islands.

VI. And be it further ordained, that the by-rules and regulations as aforesaid shall, when approved of by the President as aforesaid, be equally binding upon the subscribers to the public library as if the said by-rules formed part of this Ordinance.

VII. And be it further ordained, that any penalties inflicted by the aforesaid by-rules upon any of the subscribers for injury or damage, wilfully or otherwise done, to any of the works, books, pamphlets, reviews, newspapers, publications, or other property belonging to the said library, shall be recovered before one or more Justices of the Peace, in the same manner as is already established by the law of these islands, for the recovery of all amounts not exceeding Five pounds: Provided always that each such penalty as aforesaid shall not exceed at any time double the amount of the value of the work, book, pamphlet, review, publication, or other property either lost, damaged, or injured, wilfully or otherwise, whilst in the possession of any of the subscribers; and it shall be lawful for the trustees aforesaid to appoint a librarian who shall be responsible for the safe keeping of the property hereby invested in such trustees.

VIII. And be it further ordained, that all penalties levied or awarded under the provisions of this Ordinance, shall be paid by the convicting Justice or Justices into the hands of the librarian, to be appropriated towards the maintenance of the said library.

IX. And be it further ordained, that there shall be paid out of the public revenue of these islands the sum of Fifty pounds, by warrant in the usual manner, in aid of the establishment of the said library, so soon as this Ordinance shall have been promulgated within these islands, under the authority and sanction conveyed to that effect by Earl Grey's despatch No. 73, bearing date Ninth April, One thousand eight hundred and fifty-one, by the President administering the Government of the said islands, subject notwithstanding to the royal assent thereto or to the provisional approval of the Captain-General and Governor-in-Chief for the time being.

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