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No. 2.--ORDINANCE No. 2, 1854.
Ord. No. 2, An Ordinance to amend Ordinance No. 3 of 1853 for the regulation
1854. of Juries within the Turks and Caicos Islands. (Passed 29th
June, 1854. Confirmed 11th May, 1855.)
1853 for the regulation of juries, it is ordained, That in all cases, except criminal cases, where death is the penalty fixed by law for such offences, a verdict may be returned by two-thirds of the jury, sworn to try such case; and it is expedient that some restriction should be imposed upon jurors in such case, to prevent hasty decisions; May it, &c.
I. That in all such cases no verdict, except it be returned by No verdict the unanimous vote of the whole of the jurors, shall be received unless unaniand recorded, except such jurors shall have first continued in deli- mons to be
received until beration upon the same, for the period of three hours or more.
after three And if after the expiration of twelve hours, two-thirds of such hours' deliberajurors shall not concur in such verdict, or assessment, such jury tion by a Jury. shall be discharged, and the cause so left undecided, may, without Jury to be disany new process for that purpose, be again set down for trial, or charged unless assessment, as the case may be, either at the same or any subse- a verdict is
given within quent sittings, as the Court, or presiding Judge, may think fit to
12 hours. order.
II. That in all cases of felony, in which an information is filed On information for an offence, the punishment of which is death ; and in which the for a capital
oflence which jury may by law acquit the accused of the higher offence charged, includes a and may convict him of some offence not punished capitally; in minor offence, every such case the verdict of the jury may be returned by two- two-thirds of a thirds of such jurors, in the same manner as if such information Jury may find
such minor had charged the offender with such minor offence only.
offence. III. And whereas in a community so limited as that of these Exemptions islands, the causes which exempt persons, otherwise qualified, from to serve on serving on juries, are unnecessarily numerous ; Be it therefore Juries under further ordained, That from henceforth all persons now exempted Ordinance No.
2nd section of from serving on juries, by the second section of Ordinance No. 3
3 of 1853, not of 1853, shall be liable to serve on special juries only; and the to extend to names of all such persons shall be included in the annual jury lists Special Jurors. made up according to law.
IV. And whereas by the thirty-eighth clause of the aforesaid All penalties Ordinance, it is enacted that all penalties and forfeitures levied to be reserved under the authority of the aforesaid Ordinance, shall be paid into to Her Majesty
for the support the public treasury of these islands, in aid of the general revenue; of the Governand it is expedient that all such penalties and forfeitures should be ment. reserved to the use of Her Majesty, her heirs and successors, for the public use of the colony, and the support of the government thereof; Be it therefore further ordained, That all penalties, and forfeitures, imposed and levied under the said Ordinance, shall be reserved to and for the use of Her Majesty, her heirs and successors, and applied towards the support of the government of these islands.
COURT OF WRECK AND SALVAGE CASES. No. 1.
No. 1.-ORDINANCE No. 6 of 1860. Ord. No. 6, 1860.
An Ordinance to amend and consolidate the Laws relating to Wrecks
within these Islands, and to establish a Court to inquire into cases of Wreck and to settle disputed cases of Salvage. (Passed 11th April, 1860. Confirmed 27th November,
HEREAS it is expedient that the laws relating to wrecks
within these islands should be consolidated and amended, and that a competent tribunal should be established within the same, for holding special inquiries into wrecks, and for settling
disputed cases of salvage; May it, &c. Court of in- I. That there shall be established within these islands a Court quiry into 'cases to be known by the title of the Court of Inquiry into cases of of wreck established.
wreck and salvage of the Turks and Caicos Islands, which Court shall have cognizance of, and jurisdiction to inquire into, hear, try, determine, and settle all cases of wreck which may occur within these islands, and all cases of salvage which may be brought
before it. How copsti- II. That the said Court shall consist of the Judge of the Supreme tuted.
Court of these islands for the time being, and two fit and proper persons to act as assessors, who shall, from time to time, be nomi
nated by the President. Where and III. That the said Court shall be holden at the Court House at when to meet. Grand Turk, and shall meet whenever the President shall direct a
Court of Inquiry to be held, or whenever an appeal to such Court is made in manner hereinafter directed, and such Court shall have
power to adjourn from time to time as often as may be necessary. Appointment IV. That it shall be lawful for the President to appoint some fit of a clerk,
and proper person to be clerk to the said Court. Process how V. That all summonses and warrants to be issued out of the served.
said Court shall be under the hand of the Judge and the seal of the said Court, and shall be directed to the High Constable, who shall serve the same, or cause them to be served by some other
constable. Practitioners in VI. That all attorneys of the Supreme Court may practise as the said court. Council of the said Court. The President XXVIII. If it appears to the President either upon, or without may direct a such preliminary inquiry as aforesaid, that a formal investigation case of wreck
is requisite or expedient, he shall direct the Court to hear the case; to be investigated by the
and such Court shall thereupon proceed to hear and try the same, Court of In- and shall for that purpose so far as relates to the summoning of quiry. parties, compelling the attendance of witnesses, and the regulation
of the proceedings, have the same power as if the same were a proceeding relating to an offence or cause of complaint upon which Justices of the Peace have power to make a summary conviction or order, or as near thereto as circumstances permit, and upon the conclusion of the case the said Court shall send a report to the President containing a full statement of the caso, and of its opinion thereon, accompanied by such extracts from the evidence and such No. 1 observations (if any) as it may think fit.
Ord. No. 6, XXIX. And if in the course of any such investigation, it shall 1860. appear to the Court conducting the same, that there is a reasonable
In case of criground for believing that any criminal offence, over which the
minal offences courts of law of the colony, or the magistrates thereof have juris- how ofiender diction, has been committed by any person or persons whomsoever, to be dealt it shall be lawful for such Court to deal with the person or persons
with. on whom such suspicion rests, as aforesaid, in the same and like manner, as if such person or persons had been brought before a Justice or Justices of the Peace, charged with such offence as aforesaid ; and all subsequent proceedings for the investigation of the charge, and trial of such person or persons, shall be had and conducted in the same and the like manner as if a charge had been regularly made against such person or persons in the ordinary form in which criminal charges are laid.
XXXVIII. That all fines and pecuniary penalties imposed by Fines and pethis Ordinance, the recovery of which is not otherwise provided nalties how for, shall when the amount thereof does not exceed Ten pounds, be
recovered. recovered before any one of Her Majesty's Justices of the Peace, and when the same shall exceed Ten pounds, shall be recovered in the Supreme Court of these islands, and the payment of all such fines, and penalties shall be enforced by levy and sale of the offender's goods and chattels, or by arrest of the person of the offender, and the committal thereof to any lawful prison within the colony: Provided however, that no imprisonment under this clause shall extend to a longer period, in case of a recovery before a Justice of the Peace, than six months, nor in case of recovery in the Supreme Court, to a period of two years : and provided also, that imprisonment in any such case shall always cease upon the payment of the fine and penalty, and costs of proceeding.
XXXIX. That all offences under this Ordinance, in which the Proceedings mode of proceeding is not by this Ordinance defined, shall be tried not defined by
this Ordinance, in the Supreme Court of these islands, and it shall be lawful for the said Court on the conviction of a person for any such offence, Supreme Court. or for any other offence over which the said Court shall have jurisdiction, as also for any Justice or Justices of the Peace in cases in which such Justice or Justices has or have the power of summary adjudication, to add to any sentence, which they may now or hereafter be empowered to pass upon any person who shall have been duly convicted of any offence punishable by law, that the convicted person shall be either for a definite period, or thereafter wholly disqualified from commanding or serving on board of a wrecking vessel or boat.
XLIV. Whenever any ship or boat is wrecked, stranded, or Reasonable otherwise in distress, and services are rendered by any person,
to be paid by 1st. In assisting such ship or boat.
2nd. In saving the lives of the persons belonging to such ship services renor boat.
dered to vessels 3rd. In saving the cargo, or apparel of such ship, or boat, or in distress. any portion thereof, there shall be payable by the owners of such ship or boat, cargo, apparel, or wreck, to the person by whom such services are rendered, or by whom such wreck is saved, a reasonable amount of salvage, to be determined in case of dispute, in manner hereinafter mentioned.
to be tried in
No. 1. XLV. That whenever any dispute shall arise between the master, Ord. No.6, chief officer, owner, agent, or consignee of any such ship, boat, cargo,
1860. apparel, or wreck as aforesaid, or in case of derelict property, or Disputed cases
unclaimed wreck, the Provost Marshal, and the salvors, as to the of salvage to
amount of salvage, and the parties to the dispute cannot agree to be settled by the settlement thereof, then such dispute may, with the consent of Justices of the the parties, be referred to the arbitration of two Justices of the Pence or be
Peace, of whom each party to the dispute shall nominate one, and fore the Court of Inquiry.
in the event of such Justices disagreeing as to the amount of salvage to be awarded, such Justices shall select and appoint & third Justice of the Peace, who shall act as an umpire. Provided always, that if either of the parties to the dispute does not consent to have the amount of salvage referred to arbitration, or if after an arbitration either party is dissatisfied with the award given by such Justices, or umpire as aforesaid, then upon application by either of the said parties or their respective agents, every such disputed claim with respect to salvage may be heard and adjudicated by the said Court of Inquiry.
XLVII. That the said Justices, or their umpire, or the said Court may call for the production of any documents in the possession or power of either party which they or he, or the said Court may think necessary for determining the question in dispute, and may examine the parties, or their witnesses on oath, and administer the oaths necessary for that purpose.
See the Ordinance in extenso, post, Part VIII., Class V.
COURTS FOR ADJUDICATING IN CASES OF PETTY
DEBTS, &c. No. 1. No. 1.-8 Vic.ch. 30. The following fees for business transacted Act 8 Vic. in the Petty Debt Court are established by sections eight, nine, c. 30.
and ten of this Act:
1st. Justice of the Peace, sect. 9.-
06 For every oath
0 6 For hearing every cause and giving judgment
1 0 2nd. Clerk of the Court, sect. 10.For every summons
06 For entering every cause
0 6 For recording proceedings
0 6 For every affidavit in writing
0 6 3rd. Constable, sect. 8.For serving every summons
0 9 For executing every writ of execution
1 6 The other clauses of this Act are not in furce at these islands.
Action to com
No. 2.-10 Vic.ch. 20. An Act for making provision for the recovery
No. 2. of Small Debts on certain Islands of this Colony. (26th Feb- Act 10 Vic.
ruary, 1817.) HEREAS, it is expedient to make due provision for the PREAMBLE.
recovery of small debts on the several islands of this colony; Out-Island May it, &c., That each and every of Her Majesty's Justices of the Justices of
the Peace to Peace of any island, within this colony, shall have jurisdiction to have jurisdichear and render judgment, without the intervention of a jury, in tion to the exall cases of debt or assumpsit, whenever the sum of money claimed tent of 51. in shall not exceed the sum of Five pounds sterling.
cases of debt
and assumpsit. II. That all actions under the authority of this Act shall be commenced by summons under the hand and seal of one of Her mence by writ Majesty's Justices of the Peace, which summons shall be personally of summons. served on the defendant or defendants, except in cases where it is made to appear to the satisfaction of the Justice that
defendant is keeping out of the way for the purpose of avoiding the service of such summons, when it shall be lawful for such Justice to order and direct that the leaving of such summons at the defendant's place or last known place of abode, shall be deemed a sufficient service.
III. That it shall and may be lawful for any such Justice of the Power of JusPeace to proceed to hear all cases of debt or assumpsit aforesaid, in tices at hearing. which summonses have been duly served, and on such hearing shall examine on oath or affirmation, as the case may be, the witnesses produced on both sides, and shall give judgment according to the justice and equity of each particular case, and award execution in manner hereinafter directed : Provided always, that it shall be lawful for such Justice in his discretion to postpone the hearing of any case from time to time, upon sufficient cause shown.
IV. That it shall be lawful for any Justice of the Peace by On judgment whom judgment has been pronounced, for a plaintiff to fix the time being prowithin which the amount awarded, with the costs of proceeding, nounced, Jus
tice to fix the shall be paid by the defendant; and it shall be lawful for such Justice to direct payment to be made in instalments, and execution ment of debt. shall only issue at the expiration of the period named for the payment of any instalment, and for such amount only as shall from time to time be in arrear and unpaid.
V. That when, upon the hearing of any case before such Justice Plaintiff' may of the Peace, judgment shall be given for the defendant, it shall be be amerced in lawful for such Justice to amerce the plaintiff with costs of the costs. proceedings, and in default of payment in the manner fixed by the Court, execution for the same shall issue in manner herein before mentioned.
VI. That every writ of execution under the authority of this Writs of exeAct, shall issue under the hand and seal of the Justice giving cution to issue judgment in the case, and shall be directed to some lawful con- under the hand stable, commanding such officer to levy the amount mentioned in and seal of the
Justice. such writ of the goods and chattels of the person against whom such writ is issued, and it shall be the duty of such constable upon the receipt of such writ to proceed without delay in the execution thereof, hy arresting the goods and chattels of the party named therein, and such goods and chattels having been so arrested, the said constable shall at the expiration of five days sell and dispose
time for pay