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No. 14. Act 9 Vic. c. 14. Goods seized
and detained, how to be disposed of.
IX. That whenever any goods are seized and detained under the preceding provision of this Act, if upon the final adjudication of the case it shall appear and be so adjudged that the party from whose possession such goods were taken was not licensed under the authority of this Act to hawk or retail goods, then all such goods so seized shall, in the discretion of the convicting Justices, be adjudged forfeited, or an additional penalty not exceeding five pounds be imposed, and so much of the goods sold as shall be sufficient to satisfy the penalties and costs, if the same are not otherwise paid; but if it shall appear and be so adjudged that the party held a license, but had neglected to mark and number her tray, basket, or other article used for the carriage of his or her goods, in accordance with the preceding provisions of this Act, then, and in such last-mentioned case, the goods shall only be detained as a security for the payment of the penalty and costs, and shall, on payment thereof within any period limited by the convicting Justices, be re-delivered to the party from whose possession they were taken; or if the penalty is not paid within such limited period, the same shall be sold by order of the convicting Justices, and the proceeds applied to the payment of such penalty and costs, and the overplus, if any, returned to the party entitled thereto : Provided nevertheless that should any person holding a license, as Proviso. aforesaid, be ill, or otherwise incapacitated from hawking or retailing goods, as aforesaid, it shall and may be lawful for the said Magistrates to grant permission to such person to employ some proper person, to be approved of by the said Magistrates, to hawk or retail such goods in their stead, for and during such period as to the said Magistrates shall seem expedient.
X. That it shall be the duty of the Magistrates granting any license under the authority of this Act forthwith to pay over to the Receiver-General and Treasurer, or Receiver of Colonial Duties, as the case may be, the sum of money by them received for such license, and shall at the same time furnish such Receiver-General and Treasurer, or Receiver of Colonial Duties, as the case may be, with the date of such license, and the name of the person in whose favour it was granted; and the Receiver-General and Treasurer, and Receiver of Colonial Duties, shall each keep a book, in which entries shall be made of all licenses so granted.
XI. That all amounts paid into the public Treasury on account of such licenses shall be appropriated in aid of the general revenue of the colony.
trates to pay
over to the Receiver-General the sum by them received for granting a License.
Sums paid into
XII. That all fines, penalties, and forfeitures imposed by or recovered under the provisions of this Act shall be recoverable, with costs, before any two of Her Majesty's Justices of the Peace for these islands, and shall, when not fully liquidated under the previous provisions of this Act, be leviable on the goods and chattels of the defendant or defendants: and all fines, penalties, and forfeitures shall be, one half to the use of Her Majesty, her of fines. heirs, and successors, in aid of the support of the Government of the colony, and the other half to the person prosecuting for the same. XIII. That nothing herein contained shall be construed to prohibit the sale, without license, of milk, poultry, eggs, vegetables, grass, corn-blades, or the like: fruit, roots, firewood, fish, game, bread, cakes, corn-grist, rice, shells, sugar, coffee, mats, baskets,
may be sold
brooms, cheese, salt meat, butter, lard, soap, or any articles of the Act 9 Vic. growth and manufacture of the colony.
Act to come
into operation after the passing thereof.
XIV. That this Act shall be and continue in force from and after the passing thereof, for and during the term of ten years, and from thence to the end of the then next Session of the General Assembly, and no longer.*
Ord. No. 12, 1855.
appoint a Po
EIGHTH DIVISION.-POLICE ORDINANCES.
No. 15.-ORDINANCE No. 12 of 1855.
An Ordinance to regulate the Police of the Turks and Caicos Islands, and for other purposes. (Passed 31st October, 1855. Confirmed 20th March, 1856.)
HEREAS it is expedient that the laws in force for regulating the police of these islands should be amended and consolidated; May it, &c.
I. That so soon as this Ordinance shall come into operation it shall be lawful for the President, from time to time, to appoint a lice Magistrate, fit and proper person, being a Justice of the Peace, to be the Police Magistrate for this Presidency, who shall have full power to carry into execution this Ordinance, and all other Ordinances and laws which now are, or hereafter may be in force, relative to the police of these islands.
and Assistant Police Magis
Oath of office.
II. That it shall be lawful for the President, from time to time, to appoint, for the purposes of this Ordinance, some Justice of the Peace resident at each of the following islands, or districts, namely, one at Salt Cay, and not exceeding three at the Caicos; to be stationed at such districts as may be appointed by the President, to be Assistant Police Magistrates, who shall in the absence of the Police Magistrate of the colony, possess within their respective districts the same powers as are herein conferred upon the Police Magistrate provided that where an appointment as police, or Assistant Police Magistrate, has been already made, it shall not be necessary for a new commission to issue to any such persons.
III. That the said Police, and Assistant Police Magistrates, shall give attendance at some public offices at such times and places as the President may hereafter direct, in order to receive complaints and informations, to take affidavits and depositions respecting all felonies, misdemeanours, trespasses, breaches of the peace, nuisances, and other offences, and to deal with the offenders according to law.
IV. That before the said police, or Assistant Police Magistrates, shall enter upon the duties of their office, they shall take and subscribe an oath of office as follows:
I, A. B. do solemnly swear that I will, to the best of my knowledge and ability, perform the duties of the office of Police (or Assistant Police) Magistrate for (insert the name of the place) SO HELP ME GOD.
* Continued by Ord. 10, 1851, and Ord. 2, 1857, for five years from 6th Novem ber, 1857.
V. And whereas it is necessary that salaries should be provided for the Police Magistrate of the Presidency, and the Assistant Police Magistrate at Salt Cay, be it therefore ordained, that so soon as any vacancy shall occur in the office of Police Magistrate, the person appointed to fill the same shall receive a salary at and after the rate of one hundred and fifty pounds per annum; and that so soon as a vacancy shall occur in the office of Provost Marshal, the Police Magistrate shall be appointed to fill the said office, and shall then receive a salary at the rate of two hundred pounds per annum for his services in both capacities; the said salary to be paid out of the Public Treasury by warrant in the usual manner: Provided always, that nothing herein contained shall be construed to apply to the receipt of the usual fees by the Police Magistrate of these islands, until a vacancy shall occur in the said office.-To the Assistant Police Magistrate at Salt Cay twenty-five pounds, on condition that the duties of the said office shall be discharged by the person officiating as Assistant Receiver-General.
VI. That whenever a vacancy shall occur in the office of clerk in the police office, the same shall be held in conjunction with the office of chief constable; and such person shall be appointed by the President, and shall receive, by warrant in the usual manner, an annual salary of twenty pounds for his services as such clerk.
VII. That it shall be lawful for the President to appoint fit and Appointment proper persons to act as constables for the said islands respectively, of Stipendiary not to exceed twelve in all, who shall take the oaths proper to such Constables. office. And it shall be the duty of all constables at Grand Cay, not otherwise employed in the duties of their office, to attend the Supreme Court during its sittings; and such constables shall receive salaries according to the Schedule annexed, marked A, payable by warrant in the usual manner: Provided also that no such salaries made payable under this Ordinance shall be paid by virtue of the same, so long as provision is made by any other Ordinance for such salary.
VIII. That if any constable shall be guilty of any neglect, or Punishment violation of duty, or of any misconduct as a constable, on convic- for their mistion thereof, before the Police or Assistant Police Magistrate, he shall be liable to such penalty as is hereinafter provided.
IX. That it shall be lawful for the Police Magistrate at Grand Cay, or Assistant Police Magistrate at Salt Cay, or the Caicos, with any other Justice of the Peace, to cause to come before them on some day in January in each year, any number of persons, not less than six, nor more than twelve, being resident inhabitants of such island or Cay; and from the names of the persons so summoned, one half of the number shall be drawn to serve as local constables for the ensuing year. And if by any means such constables shall not be drawn in the month of January, such omission may be supplied as soon as the same is discovered, and shall not in any way affect the legality of any appointments so made: Provided, however, that where it is not practicable to obtain the assistance of another Justice of the Peace, the Police, or Assistant Police Magistrate, may proceed alone to choose the constables as aforesaid: Provided also that no person shall be compelled to serve as such constable more than one year in three, nor while serving, to give attendance at the police office, nor to patrol the streets by night or day.
bles to be chosen annually.
X. That all persons under the age of twenty-one, or more than Ord. No. 12, fifty years old; Justices of the Peace; members of the Council;
Who exempt from serving as local Constables.
Penalty for re-
Special Constables how appointed.
Penalty for refusing to act.
Allowance to Special Constables.
clergymen in Holy Orders, or other ministers of religion, not following any secular calling; officers of Her Majesty's Army, Navy or Ordinance, on full pay; barristers at law, attorneys, proctors, and solicitors, duly admitted in any Court of law or equity, or their clerks; all officers of any such Courts exercising the duties of their office; physicians and surgeons, actually practising; all revenue officers, and officers of Her Majesty's Customs; schoolmasters; gaolers; supervisors of public works; the surveyor of lands; pilots; the consuls, or representatives of any foreign power, and their deputies, shall not be liable to be drawn as constables under this Ordinance.
XI. That all persons liable to serve as constables, and who shall be drawn as such, shall immediately take the oath appointed for constables. And if any person summoned and drawn as aforesaid, shall neglect or refuse to appear before such Justice or Justices, or refuse to take the necessary oaths (or if a quaker, the declaration to be substituted in place of such oaths) or having taken the oaths, or declarations aforesaid, shall refuse or neglect to serve, every such person so offending shall be liable to such penalty as is hereinafter provided.
XII. That if it shall appear to any two Justices of the Peace, of whom the Police Magistrate, or one of the Assistant Police Magistrates shall be one; or in their absence, to any two Justices of the Peace, or to any Justice of the Peace, when one only can conveniently be found, that any insurrection, riot, tumult, or felony has taken place, or may reasonably be apprehended, such Justice or Justices may, and he or they are hereby authorized to call upon and appoint any person not exempted from serving as constables, and residing in such island, to act as special constables for such time, and in such manner as to the said Justice or Justices shall seem necessary for the preservation of the public peace, the protection of property, and the prevention or suppression of any such insurrection, riot, or felony; and shall, as soon as practicable, administer to such persons so appointed the oath or declaration proper to be administered to special constables.
XIII. That if any person not legally exempted, appointed in manner before mentioned, shall neglect, or refuse to serve as such special constable, he shall be liable to such penalty as is hereinafter provided.
XIV. That it shall be lawful for the Justices by whom such special constables were appointed, to fix a reasonable allowance to be made to such constables, for their time, trouble, and necessary expenses, not exceeding four shillings by the day to each man; which allowance, upon a certificate from the Magistrate who appointed such constable, shall be paid out of the Public Treasury by warrant in the usual manner.
XV. That if at any time after the appointment of any local constables as aforesaid, and before the expiration of the year for which such constables were drawn, and sworn to serve, any one or more of such constables should die, or remove from the island for which he or they were so drawn and sworn to serve as aforesaid, it shall be lawful for the resident Justice or Justices aforesaid to proceed to the appointment of one or more persons in manner hereinbefore
directed; and such person or persons shall be obliged to serve for
No. 15. the period yet unexpired, for which the person or persons so dying, Ord. No. 12, or removing, were liable to serve, under such penalty as is hereinafter provided.
XVI. That all constables who may be appointed under this Exemptions of Ordinance, so long as they shall continue to hold such office, shall Constables. be and they are hereby exempted from serving on any jury except special juries; from serving in the Militia, or serving as vestrymen; anything contained in any law or Ordinance of these islands to the contrary notwithstanding.
XVII. That every person who shall commit any of the offences Certain offences in this clause designated, shall for each offence be liable to such how punished. penalty as is hereinafter provided, that is to say,
1. Every person who shall in any public road, street, highway, Disturbance of or other place of public resort, or in any place within sight and the peace. hearing of persons being in such road, street, highway, or place of public resort, disturb the Queen's peace by quarrelling, or making any loud noise, to the annoyance of persons residing or being in the neighbourhood; or who shall use, or apply to any other person, in such road or other place of public resort, or within sight and hearing of the same, any violent, scurrilous, or highly abusive terms of reproach, tending to a breach of the peace.
2. Every person who in any such road, or other place of public Profane lanresort, or within sight and hearing of any person in the same, shall guage. sing any profane or obscene song; or use any profane, obscene, or indecent language, expression, or term, whether the same be applied
to any other person or not.
3. Every person who offers for sale, or distributes, or exhibits to Exhibiting obpublic view any profane, indecent, or obscene book, paper, writing, print, drawing, or representation.
4. Every person who wilfully and indecently exposes his person to, or within view of any other person.
scene books, &c.
the person. 5. Every person who wantonly to the annoyance or danger of Discharge of the inhabitants of any town, or of the passengers in any road, street, fire-arms or or highway, or of the frequenters of any place of public resort, dis- fire-works. charges any cannon, musket, or other fire-arm, or throws any stone or other missile, or makes any bonfire, or throws, or sets fire to any fire-work.
6. Every person who plays at cricket or other game in any public road, street, or highway, or place of public resort, to the annoyance or danger of the passengers or frequenters thereof.
7. Every person who flies any kite in or over any road, street, or highway, or place of public resort to the annoyance of the passengers or frequenters thereof.
8. Every person who suffers to be at large any ferocious dog unmuzzled; or who wantonly sets on or urges any dog or other animal to attack, worry, or put in fear any person, or animal. 9. Every person who in any public road, street, or highway, or place of public resort, rides or drives furiously any horse or other animal, or cart, or dray, or any cattle.
Playing any games in public streets, &c.
Keeping ferocious dog un
10. Every driver of a cart who shall quit the same while in any Leaving carts public road, street, or highway, whether such cart shall be moving in public or standing still, without employing some proper person to take streets, &c. charge of the same during his absence.
11. Every person who having charge of any cart or wheel