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time brought on any of the aforesaid bonds
of this Act, unless such suit shall be com-
ter the date of such bond respectively;
ss, that nothing herein contained is in-
strued to preclude any person or persons
a action of Assumpsit, or other action against
or vendue masters, his or their executors or ad-
ne proceeds or balance of any sale which may be
sold by, or property lodged in the hands of such
r or vendue masters after the aforesaid period.
at no person, whomsoever, who is not a British subject,
gner duly naturalized, agreeably to an Act of Parliament
and passed in the thirteenth year of the reign of his late
jesty King George the Second, entitled,
"An Act for Natu-
alizing such Foreign Protestants and others therein mentioned as
are settled or may settle in any of His Majesty's Plantations in
America," shall presume to dispose of any property, merchandise,
or effects whatsoever, at public auction within these islands, for
any person or persons whomsoever, on pain of three months' im-
prisonment, and forfeiting his goods and chattels.

No. 9. Act 2 Vic. c. 6.

Proviso, limiting period within which Bond may be put in suit.

No Foreigner to vend goods, &c., at auction, naturalized. unless duly

Imparlance not allowed in Vendue suits.

Purchasers of lands, &c., not paying for six per cent. same, to pay interest until same is paid

XXI. That when any action shall be commenced against any
vendue master or vendue masters for the proceeds of any goods and
effects sold by him or them at auction as vendue masters, or by any
vendue master or vendue masters against any person or persons
being the purchaser or purchasers of any goods, wares, merchandise,
or other effects sold at auction, as aforesaid, such vendue master or
vendue masters, person or persons, as aforesaid, respectively, being for.
defendants, shall not be entitled to any imparlance in action, or
stay of execution on judgment, whether such execution be issued
against lands or personal property; nor shall the trial thereof be
put off after such suit is at issue at any one term of the Court in
which the same may be brought, unless sufficient cause can be
shown to the satisfaction of the Court.

XXII. That when any person shall become the highest bidder at
public auction for any lands, goods, property, or other effects there
exposed for sale, and shall not, within forty-eight hours (if no
limited period be fixed for payment, or at the expiration of the
period fixed for payment if sold at a credit), pay for the same, then,
and in every such case, it shall and may be lawful for the vendue
master or vendue masters selling or disposing of such lands, goods,
property, or other effects, to charge against, receive, and recover
from the person or persons purchasing the same, interest at and
after the rate of six per centum per annum for such time as the
purchase-money of such lands, goods, property, and other effects, or
any part of such purchase-money shall be and remain in arrear and
unpaid: Provided always, that when any lands, goods, property, Proviso.
or other effects are exposed to sale at a credit, with any conditions
annexed to such credit, and the person or persons becoming the
highest bidder or bidders for the same shall refuse to comply with
such conditions, then, and in every such case, every such sale shall
be taken and considered to be a cash sale, and interest shall be
chargeable and recoverable accordingly.

XXIII. That when any person shall become the highest bidder
at public auction for any lands, goods, property, or other effects
there exposed to sale, and shall not, within forty-eight hours, pay

Purchasers not settling agree ably to conditions of sale, how dealt with.

No. 9.

Act 2 Vic. c. 6.

Vendue Mas

ters to render quarterly statements.

Oath to be taken by Vendue Master.

Penalty for selling at auction before giving Bond.

Bond and
Conditions.

other property to be sold by such Provost Marshal, Marshal of the Court of Vice Admiralty, constable, or other person selling the same, under judicial process as aforesaid; anything hereinbefore contained to the contrary notwithstanding.

XVIII. That the auctioneers or vendue masters, and all other persons whomsoever, selling or disposing of any property, merchandise, or other effects, at public auction, as vendue masters within these islands, shall render regular statements and accounts of the aforesaid duties respectively every three months, and pay the amount in six months from the date of such returns into the Public Treasury of these islands; and for refusing or neglecting to make and tender such statements and accounts as aforesaid forty days after being required, or for producing a fraudulent account, contrary to the true intent and meaning of this Act, such person so offending shall, upon conviction of every such fraud or neglect, forfeit and pay the sum of Fifty pounds sterling, over and above the duty or tax imposed by this Act, together with the costs of suit; and the Receiver-General and Treasurer is hereby authorized and required, from time to time, to demand a fair account from such auctioneers, vendue master, or vendue masters, and administer the following oath :-"I, A. B., do swear, upon the Holy Evangelist of Almighty God, that the account now produced by me is just and true, and that I have therein, to the best of my knowledge and belief, stated the full and true amount of the sales of all property, merchandise, and other effects whatsoever sold by me and my copartner or co-partners (naming every such co-partner or co-partners, if any) at public auction, from the

day of

day of

until

the
and that I have given bond in the
sum of Five hundred pounds, previous to my acting as vendue
master, SO HELP ME GOD."

XIX. That no person or persons shall, after the passing of this
Act, presume to dispose of any property, merchandise, or other
effects at auction, within these islands, for any person or persons,
under a penalty of Fifty pounds for every offence, unless he or they
shall have first entered into a bond to Her Majesty, with two or
more sufficient sureties, in the sum of Five hundred pounds ster-
ling, with the following condition, to wit:— "The condition of the
above obligation is such, that if the above-bounden A. B. shall
render, upon oath, a true and faithful account of the amount of all
property sold by him at public auction to the Receiver-General
and Treasurer, according to law, and shall also, when required, lay
before the Treasurer, for his inspection, his vendue books, and
shall well and truly account for and pay all duties arising from
such sales, agreeably to the before-mentioned Act; and moreover,
if the said A. B. shall well and truly account for and pay all the
duties that shall or may arise from the sales of all goods, wares,
and merchandise which are made liable to duty, to the Receiver-
General and Treasurer, when thereunto required, then this obliga-
tion to be void, otherwise to remain in full force and virtue; which
bond shall be taken annually by the Secretary of these islands or
his lawful deputy, without fees, who, after having registered the ⚫
same, shall keep such bond in his custody; and he is hereby
authorized and required, should he deem it necessary, to administer
an oath to any person offered as surety, by which to ascertain the
sufficiency of any surety so offered: Provided always, that no action

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No. 9.

Act 2 Vic. c. 6.

ing period Proviso, limitwithin which Bond may be put in suit.

or suit shall be at any time brought on any of the aforesaid bonds to be taken in pursuance of this Act, unless such suit shall be commenced within two years after the date of such bond respectively; And provided nevertheless, that nothing herein contained is intended, or shall be construed to preclude any person or persons from recovering in an action of Assumpsit, or other action against any vendue master or vendue masters, his or their executors or administrators, for the proceeds or balance of any sale which may be due for goods sold by, or property lodged in the hands of such vendue master or vendue masters after the aforesaid period. XX. That no person, whomsoever, who is not a British subject, No Foreigner or a foreigner duly naturalized, agreeably to an Act of Parliament to vend goods, made and passed in the thirteenth year of the reign of his late &c., at auction, unless duly Majesty King George the Second, entitled, "An Act for Natu- naturalized. ralizing such Foreign Protestants and others therein mentioned as are settled or may settle in any of His Majesty's Plantations in America," shall presume to dispose of any property, merchandise, or effects whatsoever, at public auction within these islands, for any person or persons whomsoever, on pain of three months' imprisonment, and forfeiting his goods and chattels.

Imparlance not allowed in Vendue suits.

Purchasers of lands, &c., not paying for

same, to pay six per cent. interest until same is paid

XXI. That when any action shall be commenced against any vendue master or vendue masters for the proceeds of any goods and effects sold by him or them at auction as vendue masters, or by any vendue master or vendue masters against any person or persons being the purchaser or purchasers of any goods, wares, merchandise, or other effects sold at auction, as aforesaid, such vendue master or vendue masters, person or persons, as aforesaid, respectively, being for. defendants, shall not be entitled to any imparlance in action, or stay of execution on judgment, whether such execution be issued against lands or personal property; nor shall the trial thereof be put off after such suit is at issue at any one term of the Court in which the same may be brought, unless sufficient cause can be shown to the satisfaction of the Court.

XXII. That when any person shall become the highest bidder at public auction for any lands, goods, property, or other effects there exposed for sale, and shall not, within forty-eight hours (if no limited period be fixed for payment, or at the expiration of the period fixed for payment if sold at a credit), pay for the same, then, and in every such case, it shall and may be lawful for the vendue master or vendue masters selling or disposing of such lands, goods, property, or other effects, to charge against, receive, and recover from the person or persons purchasing the same, interest at and after the rate of six per centum per annum for such time as the purchase-money of such lands, goods, property, and other effects, or any part of such purchase-money shall be and remain in arrear and unpaid: Provided always, that when any lands, goods, property, Proviso. or other effects are exposed to sale at a credit, with any conditions annexed to such credit, and the person or persons becoming the highest bidder or bidders for the same shall refuse to comply with such conditions, then, and in every such case, every such sale shall be taken and considered to be a cash sale, and interest shall be chargeable and recoverable accordingly.

XXIII. That when any person shall become the highest bidder at public auction for any lands, goods, property, or other effects there exposed to sale, and shall not, within forty-eight hours, pay

Purchasers not settling agreeably to condi

tions of sale, how dealt with.

No. 9. Act 2 Vic.

c. 6.

Assessments

and Taxes.

Fines, how recovered and applied.

Taxes, how collected and appropriated.

for the same, or settle with the vendue master agreeably to the conditions of the sale, in such case it shall and may be lawful for such vendue master to take possession of, and expose the same property and effects to sale at public auction, at any time within six months after, while the goods, property, or effects remain in possession of the vendue master or vendue masters, or of the purchaser or purchasers; and if the said effects or property shall not then bring so much money as was bid for the same at the first sale, the former bidder, failing to comply with the conditions of sale as aforesaid, shall make good the loss, deficiency, or difference in price, with the cost and charges, to be recovered by the vendue master, as other debts due for goods sold at auction on commission are recovered; and if any vendue master shall have reason to believe that any such property sold at vendue and not paid for is concealed for the purpose of defeating the aforesaid right of such vendue master of taking back the same, and he shall make affidavit to that effect before a Magistrate, he shall thereupon be entitled to have from such Magistrate a search-warrant, addressed to any constable, to search for and restore the same according to the true intent and meaning of this Act; and that in the mean time the aforesaid claims of such vendue master on any property so sold at auction and not paid for shall have precedency of all other liabilities for house or store rent, or of levies under execution for debt.

XXXII. That all fines, forfeitures, and penalties imposed by this Act shall and may be sued for and recovered, with costs of suit, in any Court having cognizance thereof, by action of debt, bill, plaint, or information, and shall, except in cases wherein the appropriation thereof shall have been otherwise herein provided for, be to the sole use and benefit of such person or persons as may sue or prosecute for the same.

XXXIII. That all duties and taxes imposed by this Act shall be collected and received by your Majesty's Receiver-General and Treasurer in and for these islands, and appropriated and applied in such manner only as shall or may be specially directed or appointed by any Act or Acts of the General Assembly of these islands, and not otherwise.

Sections 24 to 31 of this Act apply solely to the Bahamas, and are therefore omitted.

No. 10. Act 9 Vic. c. 14.

No. 10.-9 Vic. ch. 14. An Act to repeal an Act for regulating the Hawking of Goods, Wares, and Merchandise, and to make other provisions in relation thereto. (4th March, 1846.)

This Act imposes a tax of Two pounds ten shillings per annum upon the taking out of a licence to hawk goods, wares, and merchandise. See sec. 5 and the Act in extenso, ante, Part IV., Class XII., No. 14.

No. 11.-ORDINANCE No. 1 of 1849.

An Ordinance to regulate the Sale of Spirituous Liquors, Wines, and other Liquors within the Turks and Caicos Islands. (Passed 14th June, 1849. Confirmed 1st May, 1850.)

See the

By sec. 25 of this Ordinance the tax upon taking a licence to retail spirits is fixed at Twenty-five pounds per annum. Ordinance ante, Part IV., Class XII., No. 4.

No. 11. Ord. No. 1, 1849.

No. 13.-ORDINANCE No. 11 of 1855.

An Ordinance to impose a Tax on Dogs. (Passed 30th Oct., 1855.

Confirmed 10th Oct., 1856.)

No. 13. Ord. No. 11, 1855.

W proved a nuisance; May it, &c.,

HEREAS the great increase of dogs in the colony has often PREAMBLE.

I. That it shall be the duty of the several paid constables within the Turks Islands to report, in writing, once in every three months, to the Police or Assistant Police Magistrate of the district, in which they respectively reside, the names of all persons who own or keep a dog, specifying the number and description of dogs, whether male or female; a copy of such list to be kept at the police-office of the district for public inspection.

Constables to report names

of

persons owning Dogs.

II. That every person in whose possession or keeping any dog Tax on Dogs. shall be found, shall be liable to pay annually the following tax, to

wit:-for each dog, Four shillings, and for each bitch, Six shillings.

And it shall be the duty of the said constables to collect such tax, How collected. and pay the same into the hands of the Police or Assistant Police Magistrate of the district, who is hereby authorized to pay such constables twenty-five per cent. upon all sums so collected by them for their trouble; and the residue of such tax he shall pay quarterly into the Public Treasury in aid of the General Revenue.

III. That if any person liable to pay the said tax shall refuse or In default of neglect to pay the same, within Thirty days after the same has been payment, demanded by any constable, upon proof of such demand made, it shall be lawful for the Police or Assistant Police Magistrate of the district to issue a warrant to levy the said amount upon the goods May be levied and chattels of such person, and in case no goods or chattels can for. be found, to seize such dog, and to dispose of the same as such Magistrate shall direct.

VI. That the several provisions of this Ordinance may be extended by the President in Council to any other island or district of the colony, upon application to be made for that purpose by the

Decision of

trate final.

IV. That whenever a report is made by the constables aforesaid, Dogs unclaimed, that there are dogs for whom no claimant can be found, it shall be how disposed of. lawful for the Police or Assistant Police Magistrate of the district to order all such dogs to be destroyed or otherwise disposed of. V. That if any person shall consider himself aggrieved by any report of the constables aforesaid, he may appeal to the Police or Police MagisAssistant Police Magistrate of the district, by whom the question of liability to pay any such tax shall be finally decided.

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