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persons for forging or publishing of false deeds, charters, or Ord. No. 3, writings, sealed Court rolls, or wills, whereby the freehold or inheritance of any person or persons, of, in, or to any lands, tenements, or hereditaments, shall or may be molested, troubled, or charged.
Witnesses to deeds, &c., to attend when demanded.
Penalty for refusing to attend.
Fees to Registrar.
XIV. That all and every person whomsoever being the subscribing witness or witnesses to any conveyance, gift, grant, release, bargain, sale, mortgage, power of attorney, or other deed whatsoever, or to any agreement not under seal, which under this Ordinance may be recorded, shall upon request or demand, personally made or served upon him, her, or them, in writing in the forenoon by any party or parties to such conveyance, gift, grant, release, bargain, sale, mortgage, power of attorney, or other deed, or agreement, or by any person or persons, on his, her, or their behalf attend and wait upon the said registrar or his deputy at the said office, or upon any of his deputies or Justices at the outislands, and make or give such proof upon oath or affirmation as by this Ordinance is required to be made or given preparatory to the recording thereof; and every such witness who shall neglect or refuse for the space of twenty-four hours after such request or demand so made or served upon him, her, or them, as aforesaid, unless prevented by sickness, disability, or other sufficient cause, to attend the said registrar or his deputy at the office or any of his deputies or Justices at the out-islands for the purpose aforesaid, shall forfeit the sum of Twenty pounds, to be recovered with cost in the Supreme Court of these islands by action of debt or information, wherein no imparlance, protection, or non vult ulterius prosequi shall be allowed or entered; one moiety of the said penalty to be to the use of the informer, or to him, her, or them who shall sue for the same, and the other moiety to our Sovereign Lady the Queen, her heirs, and successors, to go in aid of the expenses of this government, and shall moreover be liable to any action which the party or parties aggrieved may think fit to bring in the said Supreme Court against such witness for any damage or injury which such party or parties shall or may sustain, by or in consequence of such neglect or refusal as aforesaid.
XV. That the following fees shall be taken by the said regis
For recording every deed or writing exceeding eight folios
,, every deed or writing of and under eight folios each
recording an irregular plat or diagram
,, recording every satisfaction of a mortgage, judgment, &c. 1 0 And that for every acknowledgment, oath, or affirmation which shall or may be made or taken before any deputy, registrar, or Justice of the Peace by virtue of this Ordinance, and for the extending of every such acknowledgment, oath, or affirmation, and for indorsing the same on every deed, and for certifying and signing the same, such deputy, registrar, or Justice of the Peace shall and may lawfully demand, take, and receive the sum of Two shillings and no
more: Provided always, that so soon as a fixed salary shall be provided for and allowed to the Colonial Secretary, all fees payable to him under this Ordinance shall cease to be demanded and received by him, to and for his own use and benefit, but the same shall be by him nevertheless demanded, received, taken, and paid into the Public Treasury of these islands in aid of the expenses of the Government.
XVI. That all fees payable for any matter, act or thing to be performed by the said registrar of records under the provisions of this Ordinance, whether for his own use or benefit, or in aid of the expenses of this Government, shall be demandable and payable before the particular act in respect of which such fees are chargeable is performed; and it shall not be lawful for the Colonial Secretary and registrar of records for the time being, or any deputy, or acting secretary or Justice of the Peace to perform, or cause to be performed, any act or service in respect of which any such fee. or fees as aforesaid is or are demandable, until the amount of such fee or fees has been paid to him by and on behalf of the person requiring such act to be performed: Provided always that nothing herein contained shall be construed to require the payment of fees on recording grants of land for religious, charitable, or educational purposes.
XVII. That after the allowance of this Ordinance, the President or officer administering the Government shall notify a day on which the registrar shall be prepared to receive deeds and other writings under this Ordinance, and that after such notification three months shall be allowed during which all deeds and other writings may be lodged for record in the said office, and all deeds lodged during the said period shall be recorded and take precedence according to their respective dates, and not otherwise: Provided, however, that if two or more deeds or other writings having reference to the same property, whether real or personal, and bearing date upon the same day shall be lodged for record during the said three months, the first of such deeds which shall be so lodged and proven shall take the precedence over the others.
XVIII. And whereas several deeds and conveyances are already recorded in the Secretary's Office, Be it therefore ordained that such deeds and conveyances as are already entered, registered, or recorded, shall be held, deemed and taken as good and valid, and have the preference over any which may or shall be recorded under this Ordinance: Provided always that nothing in this Ordinance contained shall extend to the precluding or depriving any infant or other person of and from any right, claim, title, and interest which such infant or other person may have under or by virtue of any deed or conveyance, in or to any estate, whether real or personal, and who by reason of non-residence at these islands, or other impediment, without any neglect or default on the part of such infant or other person, may be unable to cause such deed or conveyance to be registered and recorded as is hereinbefore provided.
XIX. That it shall and may be lawful for the President or other Record books officer administering the government, and he is hereby authorized to be furnished. and requested to provide a set of books for the office of the said re
gistrar, to be uniformly bound and lettered as may be necessary: the expense of which shall be by him paid out of the Public Treasury of these islands in the usual manner.
XX. And be it further ordained that nothing hereinbefore conOrd. No. 3, tained shall be construed to prejudice or affect any deed, gift, will, conveyance, grant, release, bargain, sale, mortgage, power of attorney, or other deed or writing whatsoever recorded prior to the separation of these islands from the Bahama government, in the office of the registrar of deeds at Nassau; but that the said deeds, gifts, wills, conveyances, grants, releases, bargains, sales, mortgages, powers of attorney, or other deeds or writings shall be held and taken to be of the same force and effect, and be entitled to the like precedence.
Deeds recorded in Nassau, prior to the
separation, to be held valid.
No. 4. Ord. No. 4, 1859.
No. 1. Act 9 Vic. c. 10.
No. 4.-ORDINANCE No. 4 of 1859. To amend an Act of the General Assembly of the Bahama Islands, entitled, "An Act to enable Husband and Wife by deed to alien and convey the Plantations, Lands, and Tenements of the Wife, or of the Husband and Wife jointly, situate and being within the Bahama Islands. (Passed 12th Nov., 1859. Confirmed 5th April, 1860.)
HEREAS in and by an Act of the General Assembly of the Bahama Islands, made and passed in the fifty-first year of the reign of His Majesty King George the Third, for taking the acknowledgment of married women therein mentioned, (which said Act is in force within these islands by the Act of the Bahama Legislature, 11 Victoria, chapter one) such acknowledgments are required to be taken by a Judge of the Superior Court of any of Her Majesty's colonies; and whereas no provision has been made within these islands for taking such acknowledgments, in cases where the wife of the Judge of the Supreme Court, or the said Judge together with his wife, may alien and convey any such lands and tenements; May it, &c., That in all cases where the wife of the Judge of the Supreme Court of these islands, or the said Judge together with his wife, shall alien and convey any such lands and tenements, in any such case the acknowledgment required by the Act aforesaid shall be taken by and before the Colonial Secretary of the colony for the time being, in the manner by such Act directed; and such acknowledgment, certified under the hand of the said Colonial Secretary, shall be as good and effectual to all intents and purposes as if made before a Judge by virtue of the aforesaid Act of the Bahama Legislature.
No. 1.-9 Vic. ch. 10. An Act for granting to Her Majesty a certain Annual Income for a limited period, in lieu of Quit Rents, and for providing for the collection or commutation of such Quit Rents. (Assented to 4th March, 1846.)*
HEREAS your Majesty is entitled to a certain annual revenue within this colony, derivable from lands held by This Act is in force only so far as its provisions apply to the Turks and Caicos Islands.
divers of your Majesty's subjects, under and by virtue of letters
II. That all quit rents due or to grow due up to the twentyfourth day of June, in the present year of our Lord one thousand eight hundred and forty-six, on lands within this colony, shall be and the same and every part thereof are hereby remitted, and the respective owners of the said lands are hereby absolved and released from the payment thereof.
Act 9 Vic.
£300 per annum for ten years granted to be applied within the
Remission of arrears of Quit Rents, except on lots of land dence.
in New Provi
may be com
IV. That it shall be lawful for the proprietors of the several Rate at which tracts and lots of land within these islands, held under and by virtue Quit Rents of the tenure of quit rent as aforesaid, at any time after the commencement of this Act, to commute all rents thereafter to grow due according to the rates of commutation hereinafter specified, that is to say; every tract of land situate on an out-island of the Government of the value of four shillings and twopence, at the rate of twopence per acre; and every tract of land situate on an out-island as aforesaid, and being under the value last mentioned, at the rate of a penny per acre.
V. Provided always, and be it enacted, That all tracts or lots, or parts of tracts and lots belonging to the Crown, or held in trust or otherwise for the use of any department of Her Majesty's service, or for the use of the colony, or of any religious congregation, shall be, and the same are hereby totally exempt and freed from the quit rent tenure, either as relates to arrears or to rents in future, anything contained in the respective letters patent, under and by virtue
Land exempt from Quit
No. 1. Act 9 Vic. c. 10.
Mode of freeing
of which such tracts, or lots, or parts of tracts and lots were origi nally granted, to the contrary notwithstanding.
VIII. That upon receipt of the amount of commutation-money payable on every lot or tract of land, or part or parcel of a lot or tract of land, the proper officer receiving the same shall grant to the person paying the same a receipt according to the Form A in the Schedule to this Act contained, and such payment shall, for ever same have been thereafter, free the land in respect of which it was made from the tenure of quit rent, anything contained in the letters patent by which such land was originally granted by the Crown to the contrary notwithstanding.
Persons in possession of lands for the purposes of this Act, deemed the proprietors thereof.
where lands are mortgaged or bound by judgment.
Provision for annual collection of uncommuted Quit
IX. That for the purposes of this Act, the person or persons in possession of any tract of land, or any parcel of a tract or lot of land, shall be held and deemed to be the proprietor thereof, and be entitled to discharge the quit rents payable under the authority of this Act, as also to commute the future rents chargeable on such land, provided however that any payment of quit rent or commutation money, as aforesaid, shall not vest in the person or persons making the same any other or greater title to the land in respect of which any such payment shall be made, than what such person or persons possessed before the making of such payment.
X. And whereas various lands are held in the colony, subject to mortgages and judgment debts, and it is fair that the mortgagees and judgment creditors should have the power to pay or commute the quit rents chargeable on such lands; Be it enacted, that wheresoever any tract or lot of land, or parcel of a tract or lot of land, is subject to a mortgage or mortgages, or judgment debt or debts, and the proprietor of such tract or lot of land shall decline or neglect to pay or commute the quit rents payable in respect of such land, it shall be lawful for any mortgagee or judgment creditor, as aforesaid, to pay or commute such rents, according to the rates before mentioned; and the amount of any such payment shall be added to the mortgage or judgment debt, and shall be and continue a charge on the land in respect of which such payment was made.
XII. That all quit rents to grow due from and after the twentyfourth day of June, 1846, and which shall not be commuted under the provisions of this Act, shall be collected annually, and all such rents as remain in arrear and unpaid on the first day of October in each year, shall be levied for in the same and the like manner as is ments of arrears. herein before directed with respect to arrears of rents due on lots in the Island of New Providence, and all such rents shall have precedence over all other claims and demands whatsoever.
Rents, and for enforcing pay
Provision for payment of
Quit Rents on lots of land
Mode of computing Quit
Rents on land in severalty.
XIII. That wherever a lot or tract of land as originally granted has, since the date of the original grant, been divided into two or more parcels, and held in severalty by different proprietors, it shall be lawful for any one of such proprietors to pay or commute the rents payable on the parcel or parcels owned by him, notwithstanding the neglect or refusal of the other proprietor or proprietors to pay or commute their respective portions of such rents.
XIV. That in all cases where a lot of land is held in severalty, as aforesaid, the portion of quit rent, or commutation of quit rent, payable by each separate proprietor shall be computed according to the comparative value of the respective parcels; and in all cases