« EelmineJätka »
hereby opposes the
Ord. No. 8, Turks and Caicos Islands.
A. B. of
prayer of the petition of C. D. of
a grant of the lot described in the petition of the said C. D.,
Confirmed by the Legislative Council,
on the first day of June, 1857.
No. 2. Ord. No. 2, 1856.
No. 2.-ORDINANCE No. 2 of 1856.
An Ordinance to amend Ordinance No. 8 of 1855, for the better Assuring Lands, Tenements, and Hereditaments within these Islands. (Passed 2nd July, 1855. Confirmed 14th July, 1856.)
This Ordinance repeals the second proviso in Ordinance No. 8 of 1855, sect. 2, which was as follows: "Provided nevertheless that whenever any person shall come into the possession of any land so occupied as aforesaid after the period herein allowed for making a claim thereto, such person may, within twelve months after having so come into possession, make application to the President for permission to file a claim in manner herein directed, and such permission may be granted at the discretion of the President.
No. 3. Ord. No. 8, 1857.
Lease may be extended.
No. 3.-ORDINANCE No. 8 of 1857.
An Ordinance to authorize Aliens to hold Houses, Lands, Salinas, and
HEREAS it is expedient that aliens should be permitted to hold houses, lands, salinas, and salt-ponds within these islands, under lease for a term of years; May it, &c.
I. That it shall be lawful for aliens to hold houses, lands, salinas, and salt-ponds situated within these islands, upon lease for a term of years not to exceed twenty-one years, and during such term such aliens, as regards the said houses, lands, salinas, and salt ponds, so leased as aforesaid, shall have and enjoy within these islands all the rights and privileges of naturalized British subjects: Provided that nothing hereinbefore contained shall be construed to prevent a further lease between the parties at the expiration of the said term of twenty-one years of the houses, lands, salinas, and salt-ponds so leased as aforesaid.
II. And whereas it is expedient that any alien to whom any such lease may have heretofore been made for any houses, lands, salinas, and salt-ponds within these islands should possess the rights and privileges hereinbefore mentioned: Be it further or
dained, That any alien to whom any such lease may have been made for a term of years not exceeding twenty-one years, shall within these islands possess and enjoy all the privileges of naturalized British subjects, so far as regards such houses, lands, saltponds, or salinas so leased as aforesaid.
III. That the provisions hereinbefore contained shall be held and taken not to apply to the salinas and salt-ponds at Turks Islands, nor to permit any alien to purchase salt-ponds or salinas at these islands at any public auction or sale of such salinas or salt-ponds.
Ord. No. 8, 1857.
to apply to salt-ponds at
No. 4. ORDINANCE No. 9 of 1857.
An Ordinance to provide for the Improvement of the Spaces in Front of the Towns in the Turks Islands. (Passed 17th Oct., 1857. Confirmed 13th Feb., 1858.)
No. 4. Ord. No. 9, 1857.
HEREAS in and by Ordinance No. 8 of 1855, for the better PREAMBLE. assuring lands, tenements, and hereditaments within these islands, provision is made for deciding disputed claims to land, and it is expedient that further provision be made for putting parties, in whom the rightful title under the said Ordinance is adjudged to be, in possession of such land; May it, &c.
I. That whenever any decision as to the title to land shall have been made according to the Ordinance aforesaid, the party adjudged to be entitled thereto shall be at liberty to sue out a writ of session in like manner as may be done after judgment in an action of ejectment.
When any disputed question of title is settled, the party ing may have writ of possession.
under Ord. No. 8, 1855.
II. And whereas divers persons have put in claims under Ordinance No. 8 of 1855, for certain bay lots having sea boundaries, respecting which said lots have been improved by the erection of piers and abutments, and upon some of which buildings have been erected; and whereas it is expedient that while the parties so claiming as aforesaid should not be disturbed in their possession, provision should at the same time be made for permitting the owners of town lots bounding on Queen Street in the town of Grand Cay, to improve the spaces immediately in front of such lots, under the restrictions hereinafter mentioned; Be it, &c., That all persons who have improved the bay lots herein before referred to, in manner aforesaid, and who have petitioned for grants in fee simple for the same under Ordinance No. 8 of 1855, shall, by virtue of this present Ordinance, be entitled to such grants in fee simple for such lots as aforesaid, upon payment of such fees as may be payable under the said Ordinance No. 8 of 1855: Provided always, that wherever any building shall have been already erected on such bay lots, the proprietors of the same may, from time to time, repair such buildings, but no further or other buildings whatsoever shall at any time be erected on such lots; nor shall any ever be built on those lots herein before referred to where none have yet been erected; and if contrary to the express intent and meaning of this Ordinance any buildings are hereafter erected on any bay lots whatsoever for which under this Ordinance grants in fee simple may or shall be obtained, the owner of the lot on which any building shall be
No other buildings to be
erected than those already built.
Ord. No. 9, 1857.
ing such bay lots to take
under this Ordinance.
Owners of town lots may erect
abutments on the lots in front of the town and opposite to
the lots in the front street.
Space opposite to any road leading to the sea may be
erected shall be liable to be proceeded against as for a public nuisance, and on conviction, such building shall be removed at the expense of the party offending.
III. That all persons who may have petitioned for grants in fee simple for the bay lots hereinbefore mentioned under Ordinance No. 8 of 1855, shall derive such title under and by virtue of this Ordinance, and of none other, anything contained in the said Ordinance No. 8 of 1855 to the contrary notwithstanding.
IV. And whereas it would much tend to the improvement of the bay of the town at Grand Cay aforesaid, and to the convenience of its inhabitants, if the vacant spaces lying between the front of the town and low-water mark were properly faced with strong and sufficient walls and abutments: Be it further ordained that it shall and may be lawful for the owners of the several town lots in front of the town aforesaid, at any time within five years next after the publication of this Ordinance, to fill up the vacant spaces of ground lying in front of their respective lots, and to erect abutments thereon, and to extend the same to low-water mark, or so much further as such owner may think fit, and to build wharves and to erect shears or cranes for landing goods thereon: Provided that where a road exists, a space of twenty feet shall be left on the east side of such spaces so built up for such public road.
V. That where any road or alley running to the sea may be opposite to any such vacant space, the proprietor of the lots on each side of such road may unite and build in front of such road, but the space in front thereof shall ever remain public property: Provided always that it shall not be lawful to erect any house, outhouse, warehouse, storehouse, or shed upon the same, and that if on any bay lot. any person shall erect any house, shed, or building whatsoever upon any such abutment, the same may be taken down or removed by the Crown Surveyor, at the expense of the party who may have erected the same.
Title in fee simple, how obtained.
Abutments to be kept in repair.
to apply to Salt Cay.
Grants of Land from any Governor of
VI. That it shall be lawful for the Crown Surveyor, and he is hereby authorized and required within three months after any such abutment shall be completed, and at the request of the owner of the lot in front of which the same may be situate, to grant a certificate thereof in writing, which certificate being duly proved and registered in the office of the Registrar of these islands, shall convey to the owner of every such lot a title to the abutment and premises in front of the same in fee simple.
VII. That every person who shall become the proprietor of any abutment, for which titles in fee simple shall have been obtained under this Ordinance, shall be required to keep the same in repair, and if such repair shall be neglected after notice given to such proprietor by the Crown Surveyor of these islands, it shall be lawful for such Crown Surveyor to have such repairs effected at the expense of such proprietor, and the amount expended in such repairs may be recovered by action at law.
VIII. That the several provisions herein shall be applicable to the improvements made or to be made at the island of Salt Cay, by erecting piers or abutments on lots having water boundaries, as much as if the town at the said island had been named in connection with such provision respectively.
IX. And whereas some doubts exist, whether grants of land Governor of the Bahamas, which were from time to time any
No. 4. Ord. No. 9, 1857.
given to divers inhabitants of these islands prior to the separation
declared to be
REGISTRY OF DEEDS, &c.
No. 1.-51 Geo. 3, ch. 15.
An Act to enable Husband and Wife,
alien the Plantations, Lands, and Tene- o G. 3,
ments of the Wife, or of the Husband and Wife jointly, situate
by Deed by husband and
wife of lands of wife valid, if executed with certain formalities.
HEREAS it will tend much to the benefit and advantage of PREAMBLE. the inhabitants of these islands, if husband and wife are enabled and authorized to convey and alien, by deed, the lands, tenements, hereditaments, and real estates whereof the husband and wife may be seized in right of the wife; or whereof the husband and wife may be jointly seized; May it, &c., That from and after the passing of this Act, any deed or deeds, in due form of law, made and executed by the husband and wife, of the plantations, lands, and tenements of the wife, lying and being within the Bahama Islands; or of any plantations, lands, and tenements within the same, whereof the husband and wife were seized in right of the wife; or whereof the husband and wife were jointly seized; and acknowledged before any one of His Majesty's Justices of the Courts of King's Bench and Common Pleas in England and Ireland, or of the Court of Session in Scotland, or the Sheriff depute of any county in Scotland, or of any of the Judges of the Superior Courts in any of His Majesty's colonies or dominions, shall, to all intents and purposes, be as effectual and valid in law, to pass all the estate, right, title, interest, and claim of the party or parties, and of each of them, to such deed or deeds, in, or to all, or any, the plantation or plantations, lands, tenements, hereditaments, and appurtenances, by such deed or deeds granted, conveyed, or made over, or thereby intended to be granted, conveyed, or made over to the person or persons, bargainee or bargainees, grantee or grantees, in the said deed or deeds mentioned, their heirs and assigns for ever; to whom, or to whose use, any estate in such plantation or plantations, lands, tenements, hereditaments, and appurtenances, is by the said deed or deeds limited, bargained, sold, granted, or conveyed, according to the several limitations in the said deed or deeds contained, as if the party or parties to the said deed or deeds from whom the interest moves had levied a fine or fines with proclamations, or suffered a common recovery or recoveries of such plantation or plantations, lands, tenements, hereditaments, and appurtenances in any of His Majesty's Courts of Record at Westminster, or within these islands, and duly executed deeds, leading the uses of such fine or fines, or declaring the uses of such recovery or re
No. 1. Act 51 G. 3, c. 15.
coveries to be to such bargainee or bargainees, grantee or grantees, their heirs and assigns for ever; to whom, or to whose use, such plantation or plantations, lands, tenements, hereditaments, and appurtenances are, by the deed or deeds so to be executed and acknowledged as is above mentioned, limited and conveyed; or that the same and every part thereof had been bargained, sold, conveyed, or set over, by any, the firmest deed or deeds, conveyance or conveyances, assurance or assurances, in the law, that could be advised or devised by council learned therein: Provided always, nevertheless, that the wife, who is a party to any such deed or deeds, be of full age at the time of the execution thereof, and be privately and apart examined before the Judge or Sheriff depute, before whom such deed or deeds is, or are acknowledged; and doth declare that she executed the same freely, voluntarily, and without fear, dread, or compulsion of her said husband: And provided also, that the acknowledgment of the execution of such deed or deeds by the party or parties executing the same, and the examination of the wife, shall be indorsed on such deed or deeds, and subscribed by the Judge or Sheriff depute, before whom they are taken.*
No. 2. Act 2 G. 4, c. 32.
&c., by residents in the
United States of America may be recorded when properly certified.
Such record to be good evidence.
No. 2.-2 Geo. 4, ch. 32. An Act concerning certain Probates of Deeds in the United States of America, and to suspend an Act therein mentioned. (Jan. 23rd, 1822.)
HEREAS it is expedient that deeds executed or witnessed by persons resident in the United States of America should be capable of being proved and recorded without the actual presence in these islands of the persons so having executed or witnessed the same; Be it, &c., That when it shall be duly certified that any conveyance, gift, grant, bargain, sale, assignment, release, mortgage, letter of attorney, or other deed whatsoever, under seal, has been acknowledged by the person or persons who executed the same, or proved by one of the subscribing witnesses thereto, under oath, or by affirmation where the witness is a Quaker, before His Majesty's Consul-General in and for the said United States, or any other Consul or Vice-Consul of His Majesty residing in the said United States, or territories thereunto belonging, or before one of the Judges of the Supreme Court of the said United States, or before the Chief Justice of any one of the said States, or before a notary public duly commissioned, and acting as such in any of the said States or territories thereunto belonging, such conveyance, gift, grant, bargain, sale, assignment, release, mortgage, letter of attorney, or other deed, may lawfully be recorded in the office of the secretary of these islands, upon the production thereof, accompanied with such certificate as aforesaid; and any deed so recorded, or the record thereof, or any copy of the record thereof, certified under the hand of the said secretary or his lawful deputy, shall be allowed and received as evidence in any Court of Law or Equity within these islands, in as full and ample a manner as if the said
*By 5 Wm. 4, c. 24, ante, part 2, class 4, No. 4, the Justices of the General Court are authorized to appoint Commissioners on the Out-islands for the better carrying into effect the provisions of this Act.