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V. That any person sued for anything done, or alleged to be done, in virtue or pursuance of this Act, may plead the general issue, and under the same give this Act, and all special matter in evidence and in case of judgment for the defendant, or discontinuance of suit, the defendant shall have treble costs.
VI. Duration, five years.' *
No. 3.-6 Wm. 4, ch. 7. An Act for the summary punishment of persons Burning and Destroying the standing Woods, and other property of His Majesty and his subjects, by the careless use of Fire. (May 26th, 1836.)
No. 2. Act 4 W. 4,
c. 32. Persons sued may plead the general issue.
Act 6 W. 4,
Penalty for destroying property by
the careless use
HEREAS by the law now in force in this colony, those PREAMBLE. persons only who shall be found guilty of unlawfully and maliciously setting fire to any standing wood on these islands, or to any plantation of trees, or any stacks of wood, timber, or lumber, or to any crops on plantations, whether standing or cut down, are criminally liable to punishment; And whereas, from the frequent fires which take place, and are communicated to lands of His Majesty and others, and the consequent destruction of the timber growing thereon, it is expedient to provide for the punishment of persons who, by the careless use of fire, shall be the cause of injury, damage, or destruction to public or private property; May it, &c., That from and after the passing of this Act, any person or persons whomsoever, who shall, by the careless use of fire, burn, destroy, injure, or damage any of the woods, trees, stacks of wood, timber, lumber, crops on plantations, whether standing or cut down, or any other property whatsoever, being the property of His said Majesty, or of his subjects, as aforesaid, or of any inhabitants of the colony, shall, upon conviction before any one of His Majesty's Justices of the Peace (who is hereby declared to have full power, authority, and jurisdiction, in the premises), forfeit and pay such sum of money as shall appear to the Justice to be a reasonable compensation for the damage, injury, or destruction committed, not exceeding the sum of ten pounds† Bahama currency; which sum of money Penalty, how shall, in the case of private property, be paid to the party aggrieved, disposed of. except where such party shall have been examined in proof of the offence; and in such case, or in the case of property of a public nature, or wherein any public right is concerned, the money shall be paid into the Public Treasury of these islands, and applied in aid of the expenses of this Government; or subject to the disposal of the Crown, as the case may be and if such sum of money, Remedy in together with costs (if ordered), shall not be paid, either immedi- default of ately after the conviction, or within such period as the Justice, at payment. the time of conviction, shall appoint, the Justice may commit the offender to the common gaol, workhouse, or house of correction, . for any term not exceeding three calendar months, at the discretion of the convicting Justice, unless such sums and costs be sooner paid.
* By 8 Vic. ch. 14, passed 28th February, 1845, this Act is continued in force for five years from that day, and from thence to the end of the then next Session of Assembly; and further continued by Ord. 10, 1851, and 2, 1857, for five years from 6th November, 1857.
See note ante, page 41.
No. 4. Ord. No. 1, 1849.
Quarterly meeting of Justices appointed.
Licenses in force, to re
main good for the time for which they
Days appointed for quarterly meetings.
Penalty for any Justice interested in any application for a
THIRD DIVISION. RETAIL OF SPIRITUOUS LIQUORS.
No. 4.-ORDINANCE No. 1 of 1849.
An Ordinance to regulate the Sale of Spirituous Liquors, Wines, and other Liquors within the Turks and Caicos Islands. (Passed 14th June, 1849. In force 1st December, 1849.)
HEREAS it is expedient that the laws now in force within the Turks and Caicos Islands, regulating the sale of spirituous liquors and other liquors, should be revised and amended; May it, &c., That from and after the commencement of this Ordinance, it shall be the duty of the Justices of the Peace of the said islands, to meet four times in every year at certain times and places, and for certain purposes hereinafter mentioned.
II. And be it further ordained, that all licenses for retailing spirituous or other liquors, in force at the time of the commencement of this Ordinance, shall continue good and valid, subject to the provisions of this Ordinance, until the expiration of the term for which such licenses were originally granted, but that no new license shall be granted, except in accordance with the provisions of this Ordinance.
III. And be it further ordained, that the second Tuesday in the months of January, April, July, and October in each year, shall be appointed for the quarterly meetings of the Justices as aforesaid: and the Police Magistrate is hereby required to give public notice of such meetings, specifying the time and place thereof, and shall also notify the same to the several Justices of the Peace, according to the form hereunto annexed, marked A.
IV. And be it further ordained, that no Justice of the Peace who is interested in the result of any application to be considered at any such meeting, shall take any part in the proceedings thereof, under a penalty of one hundred pounds for every such offence, to Liquor License, be sued for and recovered in the Superior Court of these islands. who takes part in proceedings.
Number of Justices requisite.
Not lawful to retail spirits without a License.
V. And be it further ordained, that at Grand Cay, the quarterly meetings of the Justices aforesaid shall be held at the Court House, and at Salt Cay, at the Town Hall, and any three Justices, when assembled, shall be a sufficient number to proceed to the business of the meeting; and at all such meetings, the police or acting Police Magistrate for these islands, at Grand Cay, or in his absence, the assistant Police Magistrate at Salt Cay, shall preside as chairman.
VI. And be it further ordained, that it shall not be lawful for any person whomsoever, within the Turks and Caicos Islands, either personally or by any other person on his or her behalf, to retail any spirituous liquors or other liquors, without having first obtained a license for that purpose in manner hereinafter provided for, and unless such license shall be and remain in full force.
VII. And be it further ordained, that all applications for licenses to retail spirituous liquors on Grand Cay and at the Caicos Islands, or to renew any license already obtained, be sent in, in writing, to the police office at Grand Cay, and in the same
manner to the assistant Police Magistrate at Salt Cay. And all such applications shall be filed by the clerks in those respective offices, and entered in books to be kept for that purpose, for which service such clerks (if rendered by the clerks, and forms supplied by them), shall be entitled to demand and receive from every such applicant the sum of Twelve shillings and sixpence.
VIII. And be it further ordained, that all such applications shall be according to the form hereto annexed marked B, and all applications to retail spirituous or other liquors at Grand Cay or at the Caicos, so sent in to the office of the Police Magistrate, shall be laid by him before the said Justices, at their next quarterly meeting. And all applications for licenses to retail spirituous or other liquors at Salt Cay, shall be laid by the assistant Police Magistrate before the Justices at Salt Cay at their next quarterly meeting.
No. 4. Ord. No. 1, 1849.
be sent to
be accompanied by a cer
tificate of fit
Application to state the place in which such
business is to be carried on.
IX. And be it further ordained, that every application for a Application to license to retail spirituous or other liquors at these islands, shall be accompanied by a certificate from three persons who are qualified to serve on juries, that the person applying is a sober and discreet person, and fit to be trusted to retail spirituous or other liquors. X. And be it further ordained, that the party applying for such license as aforesaid, shall state in such application the place, shop, or store, in which such sale of spirituous or other liquors is to be carried on; and it shall not be lawful for any person, having obtained a license to retail spirituous or other liquors, to retail the same in any place except the one mentioned in his application as aforesaid, without permission in writing first had and obtained from the Justices assembled at a quarterly meeting; which permission the said Justices are authorized to grant at their discretion. And any licensed retailer, retailing spirituous or other liquors elsewhere than in the place for which he or she obtained a license without such permission, shall be dealt with as an unlicensed retailer.
XI. And be it further ordained, that any person may attend such quarterly meetings, and may lawfully remonstrate in a respectful manner, against the granting of a license to any such applicant, and may state his or her objection to the person applying, or to the place specified in any such application. XII. And be it further ordained, that it shall be lawful for the Justices aforesaid, to determine to which of the said applicants it is most proper licenses should be granted, and also whether the place specified in any such application is a fit and proper place for the retailing of spirituous or other liquors, and shall give to such of the applicants whose applications for licenses they shall deem most proper should be granted, certificates according to the form annexed, marked C.
Any one may attend quarter
ly meetings and object to the granting
Justices to decide to whom
Licenses shall be granted and to give certifi
XIII. And be it further ordained, that any person having ob- Manner of tained such certificate, may, within ten days after the date thereof, procuring obtain a license to retail spirituous or other liquors, by producing such certificate at the office of the Colonial Secretary at Grand Cay, or the deputy Colonial Secretary at Salt Cay, together with a receipt under the hand of the receiver and treasurer for the sum of Twenty-five pounds, and having entered into bond as hereafter directed, and having paid all lawful fees due for such license, he or she shall be entitled to receive the same.
Ord. No. 1, 1849.
Bond to be given.
Retailer to have a signboard over his door.
Retailer not to sell anything but spirits and liquors in liquor shop: Liquor shop not to communicate with any other shop.
No spirits or liquors to be sold on the Lord's day.
No gaming, tippling, or drunkenness allowed in liquor shop.
Penalty for retailing with
out a license.
No goods to
be taken in pledge or
barter for liquors.
XIV. And be it further ordained, that before any person shall obtain a license to retail spirituous liquors or other liquors, such person shall enter into bond with two sufficient sureties in the sum of Fifty pounds each, and such bond shall be taken in the name of Her Majesty, her heirs and successors, and shall be conditioned for the maintenance of good order, in such place, store, or shop, in which such liquors are sold by retail, and for the due observance of all the provisions of this Ordinance.
XV. And be it further ordained, that every licensed retailer of spirituous liquors or other liquors, shall have a board with his or her name painted thereon, in white letters upon a black ground, together with the words "Licensed to Retail Spirituous Liquors,' in large legible characters, and such name and words shall be printed in letters of not less than two inches in length, and shall be displayed in a conspicuous place, in front of the store or shop of such retailer, on pain of being considered an unlicensed retailer, and dealt with as such.
XVI. And be it further ordained, that no person so licensed shall sell or dispose of anything but spirituous liquors or other liquors in the store, shop, or place in which the sale of spirituous liquors and other liquors by retail is carried on, nor shall any such store, shop, or place communicate with, or open into any other store, shop, or place in which the sale of other articles shall be carried on, under a penalty, not exceeding Two pounds for the first offence, and for every subsequent offence, under the penalties hereinafter mentioned.
XVII. And be it further ordained, that no licensed retailer, as aforesaid, shall sell any spirituous liquors or other liquors on the Lord's Day or Good Friday, or before sunrise or after sunset; neither shall it be lawful for any such store, shop, or place in which such liquors are sold by retail, to remain open after sunset, under a penalty not exceeding Two pounds for the first offence, and for any subsequent offence, under the penalty hereinafter provided.
XVIII. And be it further ordained, that no licensed retailer, as aforesaid, shall suffer any person or persons to gamble, get drunk, or tipple in or about such store, shop, or place in which such liquors are sold, under a penalty not exceeding Five pounds for the first offence, and for any subsequent offence under the penalties hereinafter mentioned.
XIX. And be it further ordained, that any person who shall, without a license for that purpose first had and obtained in manner before directed, and which remains in full force, dispose of any spirituous liquors or other liquors in less quantities than three imperial gallons,* or of any description of wines, ale, porter, or malt liquors in less than one dozen of bottles, commonly called quart bottles, shall be considered an unlicensed retailer; and for every such offence shall be liable to a penalty not exceeding Twenty pounds.
XX. And be it further ordained, that no licensed retailer shall receive or take goods of any kind, or articles of clothing, or tools, or working implements of any kind in pledge, or in exchange for spirituous liquors or other liquors, under a penalty not exceeding Ten pounds for the first offence, and for any subsequent offence shall be liable to the penalties hereinafter mentioned.
*The words in italics are repealed by Ord. 15, 1855, sec. 6
No. 4. Ord. No. 1, 1849.
XXI. And be it further ordained, that every offence committed by a licensed retailer, for the second or subsequent commission of which no specified punishment is hereinbefore provided, shall render such retailer, upon conviction for such second offence, liable to a penalty not exceeding double the amount of the first penalty, and for a third offence to a penalty not exceeding treble subsequent the amount of the first penalty; and any subsequent offence shall offences. render such retailer liable to forfeit his or her license, and also the penalty of his or her bond, at the discretion of the Justices assembled at a quarterly meeting as aforesaid: and the production of the book containing the records of such former convictions shall be sufficient evidence of such former convictions.
XXII. And be it further ordained, that nothing in this Ordinance contained shall be held to apply to Physicians, apothecaries, or others who may sell or dispose of medicines, or perfumery, of which spirits may form a component part.
Ordinance not to apply to
sales of medicines or perfumery.
XXIII. And be it further ordained, that it shall and may be lawful for any retailer of spirituous liquors or other liquors to license allowed transfer his or her license to a party unlicensed, or to remove his or her license from his or her licensed premises to new premises by permission of the Justices at a quarterly meeting assembled; an application for such permission to be made in the same manner as an application for a license; which application shall be filed and entered by the clerks in the several police offices, and for which they shall be entitled to receive a fee of ten shillings: Provided always that it shall be at the discretion of the Justices aforesaid to grant or refuse such permission; and for every such transfer a fee of two pounds shall be paid at the office of the Colonial Receiver, to be paid into the Colonial Treasury in aid of the expenses of this Government; and upon receipt from the Colonial Receiver and Treasurer being produced to the Colonial Secretary or his deputy, he shall indorse on such license the name of the person to whom such license is transferred, and the place in which such business is to be carried on.
XXIV. And be it further ordained, that all offences against Penalties how this Ordinance may be heard and determined before two Justices recovered. of the Peace, of whom one shall be a Police or assistant Police Magistrate; and that all fines and forfeitures, not exceeding twenty pounds in amount, may be made and levied on the goods and chattels of the offender by warrant under the hand of the Justices before whom such offender was convicted; and in default of goods and chattels, it shall be lawful for such Justices to issue a warrant to arrest such offender, and commit the said offender to any lawful place of confinement for any time not exceeding one hundred days, unless such fine and costs be sooner paid.
XXV. And be it further ordained, that any penalty or fine to a Penalties how greater amount than twenty pounds may be sued for and recovered recovered. in any Court of competent jurisdiction: and all such penalties and fines, when recovered, shall be appropriated as follows; to wit, one moiety thereof to the use of her Majesty, her heirs, and successors, to be applied towards the support of the Government of these islands, and the other moiety thereof to the informer or other person who shall procure the conviction of such offender.
XXVI. And be it further ordained, that the said last-mentioned Penalties how fines, penalties, and forfeitures, if not sooner paid, may be made and recovered.