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No. 3. at rest; Be it therefore further ordained, that the Colonial SecreOrd. No. 7, tary of this Presidency, and his deputies at the several out-ports of 1852. the same, shall be, and they are hereby indemnitied for the collec
tion of the said fees, and such collection shall not hereafter be questioned in any Court of Law or Equity.
No. 4.-ORDINANCE No. 1 of 1853. Ord. No. 1, 1853.
An Ordinance to amend Ordinance No. 7 of 1852, entitled " An
Ordinance to provide Fixed Salaries for the Colonial Secretary and the Private Secretary or Clerk in the office of the Officer administering the Government of these Islands, and to authorize the collection of certain sums in aid of the General Revenue thereof, and for other purposes therein mentioned." (Passed
8th April, 1853. Confirmed 24th Sept., 1853.) PREAMBLE. CHEREAS in and by the second section of Ordinance No. 7
of 1852, entitled, “ An Ordinance to provide fixed Salaries for the Colonial Secretary and the Private Secretary or Clerk in the office of the Officer administering the Government of these Islands," certain fees on vessels going without the limits of the colony are made due and payable at the office of the Receiver-General at Grand Turk, of the Assistant Receiver-General at Salt Cay, and of the revenue officers at the several out-ports; And whereas it would
tend to promote the trade and commerce of these islands, if all Fees on ship
such charges upon shipping were removed ; May it, &c., That so ping abolished. much of the second section of the said recited Ordinance No. 7 of
1852, as imposes any fee on the clearance of vessels going without the limits of this Presidency, be repealed, and the same is hereby repealed accordingly.
And whereas provision is made in the said-recited Ordinance No. 7 of 1852, that neither the Colonial Secretary, nor the private secretary or clerk in the President's office, shall demand or receive any fee whatever, for his or their own use, for anything performed
by them in the discharge of the duties of their respective offices, No Fees to be and whereas such prohibition is incomplete and defective; Be it taken by any
further ordained, that it shall not be lawful for the Colonial Secreofficial except those specified
tary, or the private secretary, or for any officer whatever or whomby some ordi
soever within this Government, to demand, take, or receive, either for himself, or for any other person or persons, or on any account whatever, any fee, unless the same shall be expressly specified and allowed by virtue of some Ordinance or Ordinances of the President and Council of these islands, or by some Act or Acts of the Bahama Legislature extended to these islands by the “ Act of Separation, 11 Vic. ch. 1, Bahama Laws, and in force within this
Presidency when this Ordinance shall have been duly promulgated. Operation II. And be it further ordained, that this Ordinance shall come of Ordinance.
into operation so soon as Her Majesty's confirmation thereof, or the assent of the Governor-in-Chief thereto shall have been proclaimed within these islands.
nance or enactment.
No. 5. Ord. No. 12,
No. 5.- ORDINANCE No. 12 of 1855.
An Ordinance to regulate the Police, &c. By section 28 of this Ordinance, all fees received by any Police or Assistant Police Magistrate, who shall be in receipt of any stipend as such, shall be paid into the Public Treasury.
See the Ordinance, Part IV., Class XI., No. 15.
No. 1.–4 Wm. 4, ch. 15. An Act to enable the Masters of foreign No. 1.
vessels arriving within these Islands to obtain the arrest of Act 4 W. 4, Seamen deserting from, or refusing to return in such vessels.
(Nov. 21st, 1833.) HEREAS seamen belonging to foreign vessels arriving with- PREAMBLR.
in these islands frequently leave such vessels and refuse to return on board and complete the voyage for which such seamen originally shipped, whereby the owners and other persons interested in such vessels are oftentimes subjected to great difficulties and put to serious expenses, for remedy whereof; May it, &c., That in case Mode of proany seaman or mariner belonging to any foreign vessel shall desert ceeding in case from such vessel at any port or place within these islands, or shall of desertion absent himself from such vessel without leave of the master or
by Seamen of
Foreign vessels. commander, or other chief officer having charge of such vessel, while such vessel shall be within or at any such port or place as aforesaid, or shall refuse to proceed on the voyage for which he originally shipped on board of such vessel, it shall and may be lawful for any Justice named in the general commission of the peace for these islands within his jurisdiction upon application to him made by the master or commander, owner or owners, consignee or consignees, or other person or persons having charge of the vessel to which such seaman or mariner shall belong, to issue his warrant or warrants to apprehend and bring before him such seaman or mariner, and if it shall then appear to the satisfaction of such Justice that such seaman or mariner did ship and enter on board such vessel in such manner, and with the observance of such formalities as shall or may be required by the law, custom, or usage in that respect of the nation to which such vessel shall belong, and that the voyage agreed for is not finished, or the contract of such seaman or mariner otherwise dissolved, and that such seaman or mariner has deserted from such vessel, or absented himself there-, from without leave, or refuses to proceed on such voyage, the said Justice shall forthwith commit such seaman or mariner to the common gaol or house of correction of the island or district for which such Justice shall act, there to remain until such vessel shall be ready to proceed on her voyage (unless the master or other officer in charge of such vessel shall sooner require his discharge), and then to be delivered to such master or other officer as aforesaid, such master or other officer paying all the costs of such apprehension
Seamen to be
No. 1. and commitment, together with all expenses attending the mainteAct 4 W. 4, nance of such seaman while in confinement.
II. That if any seaman or mariner belonging to any foreign
vessel shall be committed to any gaol or house of correction within Vessels leaving
these islands under the provisions of this Act, and such vessel shall Seamen without being libe
sail from the port or place where such commitment took place, rated, such without the master or other officer having charge of such vessel
liberating such seaman or mariner, it shall be the duty of the Jusliberated and
tice making such commitment, or any other Justice having juriscosts, &c., paid by sureties. diction, upon
the fact being made known to him, to grant an order for the immediate discharge of such seaman or mariner; and all the costs and expenses attending the apprehension, commitment, and maintenance of such seaman or mariner shall, if not otherwise liquidated, be paid by the surety or sureties of such vessel, and such surety or sureties shall, in addition thereto, forfeit and pay the sum of Fifty pounds lawful money of the said islands for every seaman or mariner so left by such foreign vessel, and shall be recoverable in a summary way before any two Justices of the Peace as aforesaid, and shall be levied and made under warrant of such Justices by
distress and sale of the goods and chattels of such surety or sureties : Proviso. Provided that nothing in this Act contained shall be construed to
exempt any persons entering into bond into the secretary's office in pursuance of an Act passed in the forty-fourth year of the reign of His late Majesty King George the Third, entitled, “ An Act to oblige masters of vessels and other persons to give security in the secretary office, and for suspending two several Acts therein mentioned" from any liabilities they have or may incur thereunder.
III. That if any suit or action shall be prosecuted against any plead the
person for anything done in pursuance of this Act, such person general issue.
may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done by the authority of this Act; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuited, or discontinue his action after issue joined ; or, if upon a demurrer or otherwise, judgment shall be given against the plaintiff or plaintiffs, the defendant shall recover treble costs, and have the like remedy for the same as any defendant has by law in other cases.
IV. Duration ten years.*
No. 2. Act 2 Vic.
No. 2.—2 Vic. ch. 3. An Act to regulate the relative duties of
Masters of Ships or Vessels employed in the Merchant Serrice of the Bahamas, and of Seamen 80 employed, and for other
purposes. (28th July, 1838.) THEREAS divers abuses have arisen and are likely to occur
to an increased extent to the prejudice of navigation and the commercial interests of these islands, from the want of a law adapted to regulate the duties and responsibilities of masters and
* By 7 Vic. c. 10, passed on the 9th of January, 1844, this Act is continued in force for ten years from that day, and from thence to the end of the then next Session of Assembly. By Ord. No. 10, 1851, and 2, 1857, extended to five years from 6th Nov., 1857.
seamen, whether employed beyond or within the limits of the No. 2. Government; Be it, &c., That it shall not be lawful for the master Act 3 Vic. of any ship or vessel belonging to or owned within these islands, c. 3. and trading to any port or ports without the limits of the Government to carry to sea in any nautical capacity whatsoever any person enter into an
Captains to or persons whomsoever, without first entering into an agreement agreement with in writing with every such person, specifying what monthly or their crew. other wages each and every such person is to be paid, the capacity in which he is to act, and the nature of the voyage in which the ship or vessel is to be employed (in so far as regards her port or ports of destination) and the day of the month and year in which such agreement shall be made ; and the same shall be signed by the master in the first place, and by the seamen respectively, at the port or place where such seamen shall be respectively shipped; and the master shall cause the same to be signed by or in the presence of the party who is to attest their respective signatures thereto, truly and distinctly read over to every such seaman in order that he may be enabled to understand the purport and meaning of the engagement he enters into, and the terms to which he is bound.
II. That the master of any ship or vessel who may ship or Captains of engage any person to be employed on board of such ship or vessel Droghers to within the waters of this Government in wrecking or droghing,
enter into shall be likewise bound to enter into an agreement in writing with
with their every such person in manner and form aforesaid, save and
xcept crew. that in lieu of monthly or other wages to be paid to such person the said agreement shall state the proportion or share of each individual signing such agreement in any emoluments or profits which may arise or accrue upon such wrecking or droghing voyage ; and instead of the port or ports of destination, the term or intended duration of the wrecking or droghing voyage of such vessel shall be inserted.
III. That in case of a ship or vessel bound to any port or ports Regulation of without this Government, every such agreement shall be in the form of agreeform, and shall contain true entries under their respective heads of ment, the several particulars set forth in the Schedule to this Act annexed marked A, and that the owner and master of every such vessel as aforesaid, or one of them, shall, on reporting such ship or vessel on her arrival at or return to any port of these islands at which the voyage shall terminate, deposit, or cause to be deposited with the collector and comptroller of the customs at such port, or when there shall be no collector or comptroller with the preventive officer for such port, a true copy of such agreement attested by the signature of the master, to the intent that every person who
be interested in such agreement may at all times have the means of knowing the terms and conditions thereof; and that in cases where Agreement any ship or vessel shall be employed in wrecking or droghing be lodged at
the Custom within the waters of this Government, the agreement to be entered
House. into as aforesaid shall be in the form and contain true entries under their respective heads of the particulars set forth in the Schedule to this Act annexed, marked B; and that the owner or one of the owners or master of such ship or vessel shall, at the end of such voyage, deposit with the collector or comptroller, or preventive officer (as the case may be) of the port at which her voyage may terminate, a true copy of such agreement, attested by the signature of such owner or master; and all copies of agreements so required
No. 2. by this Act to be deposited as aforesaid, shall, when the same shall Act 2 Vic. have been deposited, and shall be required to be produced as evi
dence, be received and taken as legal proof of the contents of the
agreement. Penalty for not IV. That if the master of any ship or vessel, whether employed making formal without or within the limits of the Government, shall carry out to agreement with
sea any person engaged to act on board thereof in any nautical capacity without having first entered into such agreement as is hereby required, he shall for every such offence forfeit and pay
the sum of Two pounds of lawful money of these islands; and if any such master shall neglect or refuse to cause the agreement to be distinctly read over to every such person as by this Act is enjoined, he shall for every such offence or neglect forfeit and pay the sum of Ten shillings; and if any master or owner (as the case may be) shall neglect to deposit with the collector, comptroller, or preventive officer of the customs (as the case may be) a copy of the agreement hereby required to be made and deposited as aforesaid, or shall wilfully deposit a falsified copy of such agreement, he shall
for every such offence forfeit and pay the sum of Twenty pounds. Penalty for re
V. That in case a seaman shall at any time after having signed fusing, &c., to an agreement as herein before mentioned, refuse, or neglect to join do duty after
the ship or vessel on board of which he shall have engaged to serve, having signed
or shall refuse to proceed to sea in her, or shall absent himself agreement.
therefrom without leave, it shall be lawful for any Justice of the Peace of these islands, or of the port or islands to which such vessel may belong, or at which the said vessel may be then lying ; and such Justice, upon complaint of the fact made upon oath of the master, mate, or owner thereof, is hereby required by his warrant to cause such seaman to be apprehended and brought before him, and in case such offender shall not give a reason to the satisfaction of such Justice for his neglect, refusal, or absence (as the case may be) upon due proof of such neglect, refusal, or absence, it shall be lawful for such Justice to commit such offender to the house of correction, there to be kept at hard labour for a period not exceeding Thirty days: Provided always, that in case snch seaman, on being apprehended and brought before such Justice, shall consent to join the ship or vessel and proceed on the voyage for which he shall have agreed, it shall be lawful for the said Justice, at the request of the master, instead of committing such seaman, to cause him to be conveyed on board of the said ship or vessel, or to be delivered to the master for the purpose of proceeding on the voyage, and also to award to the master such costs incurred in the apprehension of such seaman, and as to such Justice shall seem reasonable, not exceeding in any case the sum of Twenty shillings, which shall be chargeable against and may be abated from the wages or
other emoluments to grow due to such seaman. Penalty for
VI. That if any seaman after having signed such agreement as leaving vessel
aforesaid, or after the ship or vessel on board of which he shall betore termic nation of have agreed to serve shall have left her first port of clearance, and agreement, before the period for which he shall have agreed to serve shall be
completed, shall wilfully and without leave absent himself from the ship or vessel or otherwise from his duty, he shall (in all cases short of absolute desertion, or not treated as such by the master), forfeit and pay out of his wages or other emoluments to the master or owner of such ship or vessel the amount of two days' pay for