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Ord. No. 12, 1855.
Incorrect behaviour in places of worship. Unlawful assembly in the public street.
Loitering about liquor shops.
Washing at public wells.
Depositing filth in any public place.
Duties of Constables in respect of such cases,
Intoxicated persons, how dealt with.
Surety of the
Peace may be taken for 12 months.
barrow shall allow the same to remain in any public road, street, or highway, (except during such time as such cart or wheel-barrow shall be in actual use) in such place as will obstruct the passage of carriages, or other wheeled vehicles.
12. Every person found in a state of intoxication in any public road, street, or highway, or other place of public resort.
13. Every person guilty of any violent or indecent behaviour, in any police office, or who shall insult a Justice of the Peace while in the execution of his office.
14. Every person who shall behave irreverently, or indecently in or near any church, chapel, or place appropriated for religious worship during the time of divine service.
15. All persons who shall assemble in any public road, street, or highway, or other place of public resort, or in any unenclosed ground in the neighbourhood of the same, for any idle, lewd, vicious, or disorderly purpose, or otherwise than in the regular performance, or in of some lawful calling or object, to the annoyance or obstruction of the passengers, or other persons frequenting such road, street, highway, or place of public resort, or of the persons residing in the neighbourhood; and who shall not disperse when thereunto required by a Magistrate or other peace-officer.
16. Every person loitering, carousing, or the like, in or about any shop or place where liquors are sold by retail.
17. Every person who shall wash himself, herself, or clothes, or articles of any kind, in any public well, or within fifty feet of the same; or shall throw or place filth of any kind into or upon any tank or well, private or public.
18. Every person who shall deposit any dirt, filth, or offensive matter in or near any public street or highway; or shall deposit the same in any place within any town or settlement of these islands, to the annoyance of the inhabitants thereof, and shall not upon notice given him or her by any Justice of the Peace or constable remove the same without delay.
XVIII. That it shall be lawful for any constable to apprehend and carry before some Justice of the Peace any person committing any of the offences in the last preceding clause set forth: Provided that if any such offender be apprehended after office hours, or upon the Lord's day, it shall be lawful to lodge such offender in some lawful place of confinement. And it shall be lawful for any gaoler to receive and keep such person until he can conveniently be taken before a Justice of the Peace to be dealt with according to law.
XIX. That it shall be the duty of every constable by every lawful means to repress all such offences; and every wilful neglect so to do shall be considered as a neglect of duty and be punished accordingly.
XX. That any person being found in a state of intoxication in any road, street, or highway, or place of public resort, may, by order of any Justice of the Peace, be committed to some lawful place of confinement, until he become sober; and every such person, on conviction, shall be liable to a penalty not less than one pound, nor more than five pounds; and, in default of payment, to imprisonment for a period not less than ten days, and not exceeding thirty days.
XXI. That it shall be lawful for any Justice of the Peace to call upon any person to find surety of the peace, or surety for good
behaviour, on sufficient cause being shown on oath, for any term not exceeding twelve months.
No. 15. Ord. No. 12, 1855.
How to be recovered in case
XXII. That whenever any recognizance entered into before a Justice of the Peace shall be forfeited, the penalty, if not exceeding ten pounds, may be recovered in a summary manner; and if exceeding that amount, then the same shall be recovered in the Supreme of forfeiture. Court.
XXIII. That the word "horse," where it occurs in this Ordinance, shall be understood to include not only horses, but also certain words. mares, geldings, mules, and asses. And the word "cart" shall be understood not only to include carts, but also drays, waggons, hand-carts, and carriages.
Penalty on conviction of
XXIV. That it shall not be lawful for the owner or owners to Stallions not permit any stallion to be at large in any public street or highway to be at large. within these islands, under such penalty as is hereinafter provided. XXV. That every person convicted of any of the offences in the preceding sections enumerated, for which no penalty is provided, shall be liable to a penalty not exceeding five pounds, and in default of payment, to imprisonment not exceeding thirty days; and if an old offender, hard labour may be added to such imprisonment. XXVI. That every person who shall assault, resist, or impede, or shall aid or incite any person to assault, resist, or impede any constable in the execution of his duty, or shall refuse or neglect to assist any constable in the execution of his duty, when required so to do by such constable, shall be liable to a penalty not exceeding five pounds, and in default of payment, to imprisonment for any period not exceeding thirty days.
offences under this Ordinance not otherwise provided for. Penalty for impeding Constables.
Offences to be
fees to be afoffices.
XXVII. That every offence against the provisions of this Ordinance may be tried and determined, and all penalties be recovered tried and by the Police or Assistant Police Magistrates; and the costs of penalties to be recovered by prosecution may be added, at the discretion of such Magistrate, to Polic the penalty inflicted. XXVIII. That in some conspicuous place in the police office of Schedules of each district of these islands there shall be affixed a copy of the table of fees in the schedule to this Ordinance annexed marked (B): and no Justice shall demand or receive any other fees than those allowed by this Ordinance, on pain of forfeiting double the amount overcharged to the party aggrieved. And all fees received by the Fees to be paid Police, and Assistant Police Magistrates, who shall be in receipt into the Treaof any stipend as such, shall be paid by them quarterly into the sury. Treasury.
XXIX. That the several provisions of Ordinance No. 16 of 1849, relative to the regulating of appeals in cases of summary conviction, shall extend to all cases of conviction under this Ordinance; but that no conviction, order, warrant, or other matter made, or purporting to be made under this Ordinance, shall be quashed for want of form; and no warrant of commitment shall be held void by reason of any defect therein, provided that it be alleged therein that the party has been convicted, and there be a good and valid conviction to sanction the same. And where any distress shall be made by virtue of this Ordinance, the distress shall not be deemed unlawful, nor the party making the same a trespasser on account of any defect or want of form in the summons, conviction, warrant, or other proceeding relating thereto; nor shall the party distraining be deemed a trespasser on account of any irregularity afterwards
fixed in Police
Appeals allowed in all cases.
Warrants not to be quashed
for want of
Ord. No. 12, 1855.
Construction of the word President.
committed by him, but the person aggrieved by such irregularity may recover full satisfaction for the special damage, if any, by an action on the case.
XXX. That the following Acts and parts of Acts shall be, and they are hereby repealed, namely, all those Acts known in the printed copies of the Laws of the Bahamas as
The 4 William 4, chapter 7;
The 4 William 4, chapter 9;
The 4 and 5 clauses of the 4 William 4, chapter 11;
The 6 William 4, chapter 6;
The 4 Victoria, chapter 13;
The 11 Victoria, chapter 13; also so much of that Act known as aforesaid as 2 Victoria, chapter 16, as relates to the appointment, duties, and salaries of stipendiary constables and gaolers.
XXXI. That the word "President," wherever it occurs in this Ordinance, shall be construed to mean the Officer lawfully administering the Government for the time being.
XXXII. That all fines and penalties, when recovered, shall be applied to the use of Her Majesty, her heirs, and successors, to be applied towards the support of the Government of these islands.
Senior Member of Council Administering the Government.
Chief constable and clerk to the Police Office
Constables at Grand Cay; salaries not to exceed, each
TABLE OF FEES.
For drawing an affidavit in case of misdemeanour
intended for prosecution in the Supreme Court
Every summons or warrant
Hearing every case and giving judgment
No. 16.-ORDINANCE No. 7 of 1856.
An Ordinance to extend the Jurisdiction of the Police and Assistant Police Magistrates of this Presidency. (Passed 29th August, 1856. Confirmed 18th March, 1857.)
No. 16. Ord. No. 7, 1856.
HEREAS by virtue of certain Acts of the General Assembly PREAMBLE. of the Bahama Islands, extended to and in force within this colony by the Act of the said Assembly passed in the eleventh year of your Majesty's reign, chapter one, known as the Turks Islands Separation Act, exclusive jurisdiction, power, and authority are given to the Stipendiary Justices of the colony for the adjudication of certain offences therein specified, and for other purposes. And whereas an Ordinance No. 3 of 1856 for the Prospective reduction of Salaries to Public Officers of the Presidency of the Turks and Caicos Islands, no provision is made for the salary or stipend of such Stipendiary Justice, it being considered that the duties hitherto performed by such Justice should be discharged by the Police and Assistant Police Magistrates of the colony: And that so soon as a vacancy shall occur in the office of Stipendiary Justice, the Police and Assistant Police Magistrates of the colony should be invested with the jurisdiction, power, and authority hitherto exercised by the said Stipendiary Justices under and by virtue of the Acts hereinbefore mentioned; May it, &c.
I. That so soon as a vacancy shall occur in the office of the Stipendiary Justice of the colony, the Police and Assistant Police Magistrates of these islands shall, within their respective districts, be invested with all and singular the same power, jurisdiction, and authorities as are now vested in the Stipendiary Justice of the colony under and by virtue of the following Acts of the General Assembly of the Bahama Islands, extended to these islands, and in force as aforesaid, to wit:-The Act 3 Vic. ch. 1, for Regulating the Relative Duties of Masters and Servants, for Providing for the Apprenticing of Children, and for other purposes; The Act 3 Vic. ch. 2, to Provide Summary Remedy against the Occupation of Land by Persons having no Title to the same; The Act 3 Vic. ch. 3, for the better Suppressing of Vagrancy, and for the Punishment of Idle and Disorderly Persons and Rogues, Vagabonds, and other Vagrants; and under and by virtue of any of the Acts of the said Assembly, passed in amendment of the said three recited Acts, which have been extended to these islands in manner hereinbefore mentioned.
II. That in all cases of conviction under this Ordinance, the party or parties convicted shall have the power of appeal to the Supreme Court, subject to the provisions contained in Ordinance. No. 16 of 1849, which said Ordinance shall in all respects be held to apply to such cases of conviction.
III. That the said Police and Assistant Police Magistrates shall and may, for anything done by them under this Ordinance, take fees according to the scale of fees set forth in Ordinance No. 12 of 1855.
IV. That for every contract of service, or agreement, or deed of apprenticeship entered into before any Police or Assistant Police Magistrate, such Magistrate shall be entitled to the sum
No. 16. Ord. No. 7, 1856.
of two shillings for each labourer hired or apprentice bound, under and by virtue of this Ordinance to be paid by the master or employer.
V. That all fees received under this Ordinance shall be subject to the provisions contained in the 28th section of Ordinance No. 12 of 1855.
HEALTH OF TOWNS.
No. 1.-ORDINANCE No. 10 of 1852.
Ord. No. 10, An Ordinance for securing the Public Health. 1852. Confirmed August 1st, 1853.)
(Passed Nov. 4th,
HEREAS it is of the highest importance that some effectual regulations should be made for the security and preservation of the public health; May it, &c.
I. That the President or Officer administering the government dent to appoint shall, in the month of November of every year, appoint Boards of Health, to continue and have existence for twelve calendar months, and to consist of not less than five persons for Grand Turk, three for Salt Cay, three for East Harbour, three for Lorimer's Caicos, and three for each of any of the other settlements at the Caicos; and it shall be lawful for the President, or other Officer as aforesaid, from time to time, to fill up any vacancy or vacancies which may occur in any such Boards, during the period for which any such Board shall have been appointed as aforesaid.
Boards to report to the President.
Proceedings on such reports.
II. The Board of Health appointed for Grand Turk, and the Board of Health appointed for Salt Cay, and those appointed for the Caicos Islands, shall report in writing to the President or other Officer as aforesaid, from time to time on any cause or causes which in their opinion may exist and be likely to endanger the health of the inhabitants of the colony, and to recommend such measures as may appear to them judicious for the removal thereof; and in case any epidemic disease should prevail in the colony, it shall be the duty of the Boards of Health to report thereon, and to recommend such measures as may appear to them expedient to arrest or diminish it.
III. That whenever any such Boards of Health shall report to the President or other Officer as aforesaid the existence of any local cause or causes in any part of the colony, tending to endanger the public health or the health of the inhabitants of such locality, and there shall be no means under the then existing laws of the colony whereby such cause or causes of disease may be removed or guarded against, it shall be lawful for the President or Officer administering the government for the time being, acting by and with the advice of the Executive Council, to adopt all such measures as any of the aforesaid Boards of Health may recommend for removing any such local cause or causes of disease, or otherwise guarding against the probable consequences thereof, and every order issued by the President, or Officer administering the govern