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THE TURKS AND CAICOS ISLANDS.
LAWS WHICH DECLARE THE SEPARATION OF THE
No. 1.-BAHAMA ACT, 11 VIC. c. 1.
No. 1.-ACT OF THE GENERAL ASSEMBLY OF THE
BAHAMAS. 11 Vic. ch. 1.
An Act to authorize the Separation of the Islands commonly called the Turks Islands, and the other Islands therein mentioned, from the Bahama Government. (March 22nd, 1848.)
Act 11 Vic.
HEREAS, five hundred and twenty-one inhabitants of the PREAMBLE. Turks Islands, in general meeting assembled, on the eighteenth day of December last past, did agree to and subscribe a petition, addressed to the Speaker and Members of the House of Assembly of the Bahamas, setting forth: That, in consequence of Referring to the great distance of the Turks Islands from the seat of Govern- Petition of inhabitants of ment, together with the attendant difficulties of intercommunicaTurks Islands tion, and the conflicting interests between those islands and others in the colony, arising from a difference in their productions, and Government, in the character of their commerce, rendering general legislation inapplicable, and, therefore, in its operation, necessarily unequal; that the petitioners, firmly believing that the only remedy that
for a separate
could be provided for meeting the necessities of their case conAct 11 Vic. sisted in obtaining a local Government at the Turks Islands, sepac. 1. rate and distinct from the Government established in the Island of New Providence, humbly laid their claims for separation before Her Majesty; that, in answer to the said application, the pctitioners had been informed that Her Majesty's Government were prepared to sanction the erecting of the Turks Islands into a distinct Government, upon certain conditions and stipulations to be submitted for the consideration of the House of Assembly, and praying the House would accede to their desire for a separate Government, on such a basis, and upon such a division of the public debt of the Colony, as might seem proper to Her Majesty's Government. And whereas, in and by a Despatch from the Right Honourable Earl Grey, your Majesty's Principal Secretary of State for the Colonies, addressed to His Excellency George Benvenuto Mathew, your Majesty's Governor and Commander-in-Chief of these Islands, and by His Excellency laid, during the present session, before the House of Assembly, it appears that your Majesty's Government are favourable to the separation of the said Turks Islands from the Bahama Government, on certain principles and stipulations mentioned and set forth in such despatch, that is to say: That the legislative authority in the said Turks Islands should be intrusted to a President administering the Government, who should have a casting vote in a council of eight besides himself, four of whom should be nominated by the Crown to sit during Her Majesty's pleasure, and four elected by a majority of those of the taxpayers who are able to read and write.
Despatch from the Secretary of State for the Colonies, stating the principles upon which Her Majesty's Government will consent to the separation of Turks Islands from the Bahama Government.
Second. That such a division of the debt of the Bahamas should be made which would allot to the Turks Islands a portion of the debt, bearing the same proportion to the whole debt which the revenue of the Turks Islands, on an average of the last five years, bears to the whole colonial revenue on a similar average.
Third. A salary of Eight hundred pounds should be assigned from the Turks Islands revenue, for the remuneration of a President administering the Government; and
Fourthly. That the Government of the said Turks Islands should be administered under the superintendence of the Governor of Jamaica.
And whereas, we, your Majesty's dutiful and loyal subjects, the Assembly of the Bahama Islands, from feelings of loyalty and attachment to your Majesty's person and Government, are willing to accede to the separation of the said Turks Islands from the Bahama Government as a measure recommended by your Majesty's Government, and in full reliance that your Majesty's Government will enforce, on the part of the inhabitants of the islands by this Act severed from the Bahama Government, the due payment of the sum of money hereinafter mentioned to be payable by the inhabitants of the said islands as their portion of the debt of the Colony, with all interest to grow due and accrue thereon;
May it therefore please your Majesty, That it may be enacted, and be it enacted by His Excellency George Benvenuto Mathew, Esquire, Governor and Commander-in-Chief in and over the Bahama Islands, the Legislative Council and Assembly of the said islands, and it is hereby enacted and ordained by the authority of the same, that from and after the commencement of this Act, the Islands of Grand and Salt Cay, together with the small islands and
c. 1. Defining the portion of the
cays immediately adjacent thereto, and which, together with the No. 1. said islands of Grand and Salt Cay, are commonly known and Act 11 Vic. designated as "The Turks Islands," and the islands and cays commonly known and designated as the "Caicos Islands," together with all banks and cays situate, lying, and being to the eastward of the said Turks Islands, and Caicos Islands, and comprised Bahamas within, or deemed part of, or appertaining to, your Majesty's which, togeBahama Islands, shall cease to be component parts of the Bahama ther with the Turks Islands, Government, and all Acts of the General Assembly of the Bahama shall cease to Islands in force at the time of the commencement of this Act, save and except this Act, and the several Acts hereinafter particularly designated, shall, from thenceforth, cease to be in force within, or have reference to, the said Turks Islands and Caicos Islands.
II. And be it enacted, That the said Turks Islands and Caicos Islands, from and after the commencement of this Act, shall be subject to the supervision of such other Colonial Government as Her Majesty, her heirs or successors, by any Order in Council for that purpose made and issued, shall order, direct, and appoint.
component parts of the
after to be
such other Co
ment of Turks
lonial Government as Her Majesty in Council may decide. III. And be it enacted, That from and after the commencement The Governof this Act, the Government of the said Turks Islands and Caicos Islands shall be administered by a President to be appointed from time to time by Her Majesty, her heirs and successors, who shall hereafter adhold his office during pleasure. ministered by a President.
IV. And be it enacted, That from and after the commencement Legislative of this Act, the legislative authority in the said Turks Islands authority of and Caicos Islands, shall be vested in the President administering and Caicos to the Government, and a Council of eight other persons, four of be vested in whom shall be from time to time nominated by Her Majesty, her President and heirs and successors, and shall hold their office during pleasure; Council of and the other four shall be elected by a majority of the taxpayers eight. of the said Turks Islands and Caicos Islands, who are able to read and write.
V. And be it enacted, That the said four last-mentioned coun- Mode of eleccillors shall be elected in such manner, and for such term of years, tion of four of as Her Majesty, her heirs and successors, from time to time, by the Council. any Order or Orders in Council for that purpose to be made and issued, shall regulate and appoint.
Her Majesty in Council to regulate and define the powers of the
VI. And be it enacted, That the said Council shall be presided Mode of deover by the said President, and that all questions which shall arise ciding questherein shall be decided by a majority of voices of the members tions in Counpresent, other than the said President; and when the voices shall be equal the President shall have the casting vote. VII. And be it enacted, That the legislative and other powers of the said Council shall be regulated and defined in such manner as Her Majesty, her heirs and successors, by any Order in Council to be for that purpose made and issued, shall limit, direct, and appoint. VIII. And be it enacted, That the sum of Eight thousand pounds be allotted to the said Turks Islands and Caicos Islands, as the portion of the now existing debt of the colony, to be borne and paid by the inhabitants of the said Turks Islands and Caicos Islands, which sum of Eight thousand pounds, with interest thereon at the rate of five per centum per annum, shall be charged upon and Caicos. and made payable out of the general revenue of the said Turks
£8000, portion of the debt of the Bahamas, to be defrayed by inhabitants of Turks Islands
Islands and Caicos Islands, and shall have preference of all other payments which may be charged upon and made payable out of the same.
IX. And be it enacted, That the said sum of Eight thousand pounds shall be paid to the Bahama Government, at such date or dates, in one or more payment or payments, as the proper executive or legislative authorities to be established within the said Turks Islands and Caicos Islands shall, from time to time, with the sanction of Her Majesty's Government, regulate and appoint: Provided, that the whole of such sum of Eight thousand pounds be so paid at or before the expiration of sixteen years next after the commencement of this Act: and the interest to grow due on such sum of Eight thousand pounds, or on such part or parts thereof, as shall from time to time remain unpaid, shall be paid quarterly, that is to say, up to the twenty-fourth days of March, June, September, and December, in each and every year, until the final payment of the principal sum, as aforesaid; and all such payments of principal and interest shall be made into the public treasury at Nassau free from all deductions or charges whatsoever. X. And be it enacted, That the President administering the Government of the said Turks Islands and Caicos Islands shall have and receive, out of the general revenue of the said islands, a salary of Eight hundred pounds sterling per annum, payable quarterly.
XI. And be it enacted, That this Act shall commence and take effect on, from, and after the twenty-fifth day of December, which will be in the year of our Lord One thousand eight hundred and forty-eight, and that the salaries of the several public officers at the said Turks Islands and Caicos Islands, appointed under the authority of any Act or Acts of Assembly now in force, which may become due or be in arrear, and owing on the twenty-fourth day of the said month of December, shall be paid, defrayed, and liquidated out of the Public Treasury at Nassau; but all salaries of such officers to grow due from and after the last-mentioned day shall be charged on, and payable out of, the general revenue funds of the said Turks Islands and Caicos Islands; and all sums of money which, at the commencement of this Act, shall be and remain in the hands, possession, or custody of any officer or officers of the Customs or Receiver-General's department at the said Turks Islands or Caicos Islands, having been received, or for which credit bonds shall have been taken by such officer or officers, on account of the general revenue of the colony, or under the authority of any Act of the General Assembly of these islands, shall be remitted and paid over by such officer or officers to the ReceiverGeneral and Treasurer at Nassau: the commencement of this Act to the contrary notwithstanding.
XII. And be it enacted, That this Act, as also the following Acts of the General Assembly of the Bahama Islands, shall continue and remain in force within the said Turks Islands and Caicos Islands, after the severance of the said islands from the Bahama Government; such severance to the contrary notwithstanding: the said hereinafter-recited Acts to be subject, nevertheless, to be repealed or altered by such legislative or other authority, as may hereafter be established within the said Turks Islands and Caicos Islands, that is to say :*
*The several Acts thus extended, which now remain in force will be found post, Part II., Class I, No. 11.