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which from their subject matter should necessarily not so extend, No. 14, should continue and remain in force within these islands, after the Ord. No. 10, severance of these islands from the Bahama Government: And 1851. whereas, many of the said Acts are about to expire, and it is expedient that they should remain and be continued in force : And whereas, others of the said Acts may be deemed to have expired, and it is expedient that they should be re-enacted; May it, &c., That all and singular the Acts hereinbefore referred to as having expired, or being about to expire, and enumerated in the Schedule to this Ordinance annexed, shall be and the same are in full force and effect, from and after the commencement of this Ordinance, for and during the term of five years and from thence to the end of the next session of the Legislative Council and no longer. Provided that nothing hereinbefore contained shall be held to apply to any Ordinance or Ordinances which have been or may hereafter be repealed or suspended by any Ordinance of the Council of these islands.
SCHEDULE OF ACTS RE-ENACTED AND CONTINUED.
7 Geo. 4, ch. 15. Expired in 1856.
4 Wm. 4, ch. 2. An Act passed in the fourth year of the reign of King William the Fourth, for regulating the making and repairing of division walls or fences on the several islands therein mentioned.
4 Wm. 4, ch. 5. Expired in 1856.
4 Wm. 4, ch. 11. An Act passed in the fourth year of the reign of King William the Fourth, to prevent the resort of rogues, vagabonds, and other idle and disorderly persons to the Bahama Islands; for the punishment and correction of certain offences therein specified, and for other purposes therein mentioned.
4 Wm. 4, ch. 15. An Act passed in the fourth year of the reign of King William the Fourth, to enable the masters of foreign vessels arriving within these islands to obtain the arrest of scamen deserting from, or refusing to return in such vessels.
4 Wm. 4, ch. 31. Expired in 1856.
4 Wm. 4, ch. 32. An Act passed in the fourth year of the reign of King William the Fourth, the better to prevent the unlawful cutting of timber or other wood or bark on lands within this Government without sufficient authority.
6 Wm. 4, ch. 6. Repealed by Ord. 12, 1855.
6 Wm. 4, ch. 15. An Act passed in the sixth year of the reign of King William the Fourth, for regulating prison discipline and for other purposes.
2 Vic. ch. 10. An Act passed in the second year of Her Majesty's reign to extend the provisions of the Out-Island division Wall Act to certain other islands within this government. 2 Vic. ch. 16. Repealed by Ord. 12, 1855, and as far as regards
, “gaolers” is re-enacted by Ord. 2, 1857, sect. 2. 3 Vic. ch. 23. Expired in 1856.
4 Vic. ch. 11. An Act passed in the fourth year of the reign of Her said Majesty for consolidating and amending the laws relative to damages done by cattle running loose, and other subjects connected therewith.
No. 14. Ord. No. 10,
6 Vic. ch. 6. Repealed by Ord. 12, 1855.
9 Vic. ch. 8. An Act passed in the ninth year of the reign of Her said Majesty for regulating the rates of wharfage, storage, and scaleage.
9 Vic. ch. 14. An Act passed in the ninth year of the reign of Her said Majesty, to repeal an Act for regulating the hawking of goods, wares, and merchandise, and to make other provisions relating thereto.
10 Vic. ch. 1. Superseded by Ord. 4, of 1853.
11 Vic. ch. 8. An Act passed in the eleventh year of the reign of Her said Majesty to amend an Act entitled “ An Act for consolidating and amending the laws relative to damages done by cattle running loose and other subjects connected therewith.”
No. 15.- ORDINANCE No. 8 of 1852. Ord. No. 8, 1852.
An Ordinance to indemnify all Persons who may have acted under
certain Acts of the Bahama Legislature which had expired.
(Passed 27th October, 1852. Confirmed 23rd May, 1853.) PREAMBLE. THEREAS certain Acts of the Bahama Legislature which
were declared to be in force within these islands, by the Separation Act, had expired; And whereas Justices of the Peace and other persons may have acted under the authority of the said Acts while in abeyance; And whereas, the said Acts have been re-enacted by Ordinance No. 10 of 1851, and it is expedient to indemnify all persons who may have so acted as aforesaid;
May it, &c. Persons indem- I. That all things done in accordance with the provisions of any nified who have of the Acts aforesaid, were, and are good and valid in law to all acted under certain Acts.
intents and purposes whatsoever,--and that any person or persons who have so acted in accordance with the said provisions are, and they are hereby indemnified for any act or acts by him or them so done and performed.
No. 16.-ORDINANCE No. 2 of 1857. Ord. No. 2, An Ordinance to continue in force certain Acts of the Bahama Legis1857.
lature in force within this Presidency by Ordinance No. 10 of 1851, for a limited period. (Passed 1st June, 1857. Con
firmed 6th November, 1857.) PREAMBI E CHEREAS by Ordinance No. 10 of 1851, entitled “ An Ordi
nance to re-enact and continue in force certain Acts of the Bahama Legislature of limited duration, which were extended to these islands by the Separation Act, but some of which have already expired and others are about to expire :" It was ordained “that certain Acts of the Bahama Legislature, enumerated in the Schedule to the said Ordinance annexed, should be in full force and effect within these islands from and after the commencement of the said Ordinance, for and during the term of five years, and from thence
to the end of the next session of the next session of the Legislative No. 16. Council, and no longer.” And whereas the aforesaid term of five Ord. No.2, years is about to expire, and it is expedient that some of the Acts 1857. specified in the hereinbefore mentioned Schedule should be continued in force, and re-enacted ; May it, &c.
That the several Acts in the Schedule hereunto annexed enumerated, shall be, and the same are hereby continued in force within this Presidency for the further term of five years, and from thence to the end of the then next session of the Legislature.
II. And whereas in and by Ordinance No. 12 of 1855, for regulating the police of these islands, the Act of the Bahama Islands, 2nd Vict. chap. 16, was repealed as far as the same related to the appointment, duties, and salaries of stipendiary constables and gaolers; and whereas the word “gaolers” was inserted therein by mistake, and it is expedient that such mistake should be rectified: Be it therefore ordained that the said Act, so far as relates to the appointment, duties, and salaries of gaolers shall continue and be in force for and during the same period as the Acts in the Schedule to this Ordinance enumerated.
SCHEDULE OF ACTS OF THE BAHAMA LEGISLATURE CONTINUED.
4 Wm. 4, chapter
LAWS RELATING TO THE LEGISLATIVE POWERS OF
THE COUNCIL, AND OTHER MATTERS CONNECTED
WITH THE REPRESENTATION OF THE PEOPLE. No. 1.-11 Vic. cap. 1. An Act to authorize the separation of the No. 1.
islands commonly called the Turks Islands, and the other Act 11 Vic. islands therein mentioned, from the Bahama Government.
(March 22, 1845.) IV. And be it enacted, That from and after the commencement Legislative of this Act, the Legislative Authority in the said Turks Islands and authority of Caicos Islands shall be vested in the President administering the Turks. Islands
to Government and a Council of eight other persons, four of whom be vested in shall be from time to time nominated by Her Majesty, her heirs President and and successors, and shall hold their office during pleasure ; and the Council of other four shall be elected by a majority of the taxpayers of the eight.
* The titles of the Acts will be found ante, this Part, No. 14,
No. 1. said Turks Islands and Caicos Islands, who are able to read and Act 11 Vic. write.
V. And be it enacted, That the said four last-mentioned Coun
cillors shall be elected in such manner, and for such term of years Mode of election of four of
as Her Majesty, her heirs and successors, from time to time, by any the Council. Order or Orders in Council for that purpose to be made and issued,
shall regulate and appoint. Mode of de- VI. And be it enacted, That the said Council shall be presided ciding ques- over by the said President, and that all questions which shall arise tions in Coun
therein shall be decided by a majority of voices of the members cil.
present, other than the said President; and when the voices shall
be equal the President shall have the casting vote. Her Majesty
VII. And be it enacted, That the Legislative and other powers in Council to of the said Council shall be regulated and defined in such manner regulate and as Her Majesty, her heirs and successors, by any Order in Council detine the
to be for that purpose made and issued, shall limit, direct, and Council.
powers of the
No. 2.--Order in Council, No. 2, dated 11th August, 1848.7 Order in
(See Order in extenso, ante, Part I, No. 3.) Council, 1848.
I. It is hereby ordered by the Queen's Most Excellent Majesty, by and with the advice of her Privy Council, that from and after the 25th day of December in the present year, being the day of
the commencement of the said last-mentioned Act, it shall and Act 11 Vic. may be lawful for the taxpayers, who are able to read and write, chap. 1. of the said islands, commonly known and designated as the “ Turks Who are quali- Islands,” to elect and send to represent them in the said Legislafied as voters.
tive Council two members. And it shall and may be lawful for the taxpayers who are able to read and write, of the said islands commonly known and designated as the “Caicos Islands," also to elect and send to represent them in the said Legislative Council, two
members. Qualification of II. And it is further ordered, that the qualifications of the Meinbers, &c.
elective members of the said Legislative Council, and all other matters, save and except the qualifications of the electors, and any matter or thing herein otherwise provided relating to the election of members to serve in the said Legislative Council, shall, until otherwise regulated and appointed by any Order or Orders to be for that purpose made and issued by Her said Majesty, her heirs and successors, by and with the advice of her Privy Council, or by any Act of Legislature of the said islands, be according to the form of
the said herein before mentioned Act of the said Legislature of the Acts of Assembly concerning
Bahamas, made and passed in the 47th year of the reign of His said Elections de- late Majesty King George the Third, entituled “ An Act for consoliclared in force dating the several Acts for regulating elections and qualifications of where not in
members of the General Assembly of these islands, and of electors, consistent with 11 Vic. c. 1, or
and for ascertaining and deciding the limits and bounds of the this Order. several islands and districts within this Government, which send
* The remaining clauses of this Act will be found ante, Part I. No. 1.
† By this order the Acts 40 Geo. 3, c. 7, and 5 Wm. 4, c. 30, respecting Elections at tlic-e Islands, are virtually repealed.
representatives to the General Assembly, and for other purposes No. 2. therein mentioned," and according to the provisions of any other Order in Act, or Acts, for regulating elections, in force in the Bahama Council, Islands, at the time of the passing of the said hereinbefore-men- 1848. tioned Act of the 11th year of the reign of Her present Majesty, and so far only as such provisions are not inconsistent with the said last-mentioned Act or this present Order.
III. And it is further ordered, that each of the four elective Duration of members, if duly elected, and he shall have taken and subscribed Council five the oaths taken by members of the General Assembly of the years. Bahama Islands, as prescribed by the said Act of the said 47th year of the reign of His said late Majesty King George the Third, shall become and continue to be a member of the said Council for the space of five years from the day of his said election, unless the said Council shall be sooner dissolved, subject nevertheless to the provisions hereinafter contained for vacating the same.
IV. And it is further ordered, that it shall be lawful for Her Non-Elective Majesty, by any warrant, or warrants, to be from time to time Members, how issued under Her Majesty's sign manual, and countersigned by one appointed. of her principal Secretaries of State, to nominate such part of the said Council, as is to be appointed by Her Majesty, and to designate such non-elective members of the said Council, either by their proper names, or as holders, for the time being, of any public offices within the said Turks Islands and Caicos Islands and their dependencies. And it shall also be lawful for Her Majesty by any such warrant or warrants from time to time, to delegate to the said President the power of nominating and designating such nonelective members of the said Council, either by their proper names, or as holders for the time being of any such public office as aforesaid, which delegated power shall nevertheless be exercised by any such President provisionally only, and until Her Majesty's pleasure be known, and shall not be exercised until the return of the writs for the election of all the elective members.
V. And it is further ordered, that every appointment which if by President, shall be made by the said President of any non-elective member of to be by Letters the said Council, shall be made by letters patent to be for that Patent. purpose issued under the public seal of the colony.
VI. And it is further ordered, that it shall be lawful for any Non-Elective non-elective member of the said Council, by writing under his Member may hand, addressed to the President, to resign his seat in the said resign, Legislative Council, and upon such resignation the seat of such Legislative Councillor shall become vacant.
VII. And it is further ordered, that if any non-elective member or his seat may of the said Council shall become bankrupt, or take the benefit of become vacant. any law relating to insolvent debtors, or become a public defaulter, or be attainted of treason, or be convicted of felony or any infamous crime, or shall become non compos mentis, his seat in such Council shall thereby become vacant.
VIII. And it is further ordered, that in case of the vacancy of Appointments the seat of any non-elective member of the said Council who shall in certain cases. have been designated as the holder of a public office, the seat shall continue vacant until the appointment of another person to fill the same office, and in case of the vacancy of the seat of any nonelective member of the said Council, who shall have been designated by his proper name, it shall be lawful for the President to