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No. 1.

Act 41 G. 3,

c. 3.

interest upon any specialty, as aforesaid, be charged or received by any person whatsoever other than that hereinbefore limited, whether it be charged or received as interest, premium, or under any other name, so that it amounts to more than Six pounds per centum per annum upon the principal, such person so offending shall pay to the party aggrieved the full sum of One hundred pounds current money of these islands, and shall forfeit his spe- £100 old curcialty, of what kind soever it may be, on which the extortion was rency. made, with the interest due thereon, which sum of One hundred pounds may be sued for and recovered by the party aggrieved in any Court of Record in these islands, by writ, plaint, or information and provided such specialty shall have been paid off, then and in that case the amount of such specialty, with the interest paid thereon, shall be recovered in any Court in these islands in manner aforesaid.


V. And likewise, to prevent exactions or offences against this Penalty for Act in regard to protested bills of exchange, any person or persons overcharging on protested receiving or charging any higher damages or interest thereon than he, she, or they shall be entitled to by virtue of this Act, shall incur and be liable to the same penalties of One hundred pounds, £100 old curtogether with the amount of such protested bill, with all interest, rency. re-exchange, or damages thereon as aforesaid, to be sued for and recovered in manner as extortion in cases of interest, as in this Act is particularly before enacted.



No. 1.-ORDINANCE No. 5 of 1860.

An Ordinance to Authorize the Compilation and Reprint of the Laws

No. 1. Ord. No. 5,


of these Islands, and for other purposes.
1860. Confirmed 5th Sept., 1860.)

(Passed 11th April,

HEREAS it would tend to facilitate the due administration of PREAMBLE.

Wjustice within these islands if the several laws now in force

therein were collected and reprinted with a proper index; May

it, &c.,

I. That it shall be lawful for the President to cause the several Reprintal of laws in force in these islands, together with the Ordinances of laws authorized. 1860, to be collected and reprinted with an index, under the intendence of some properly-qualified person, and according to such plan as shall be approved of by the said President.


II. And whereas many of the said laws were originally enacted for the government of the Bahama Islands, and only extended to these islands by the Bahama Act, 11 Victoria, chapter 1, known as the Separation Act, and contain words and phrases wholly inapplicable to this colony; Be it therefore further ordained, that whenever the wording of any such Act shall be manifestly inapplicable to these islands, such words shall be substituted as would have been used if the said laws had been originally enacted by the Legislative Council of these islands; for instance, "President"

Inappropriate terms in

Bahama Acts to be altered.

No. 1.

Ord. No. 5, 1860.

Definition of word President.

Power of acting officers.

Laws to be
deposited with

Persons en

for "Governor," " Legislative Council" for "General Assembly," "Turks and Caicos Islands for "Bahama Islands," "Grand Turk" for "Nassau," and the like.

III. That throughout the said laws the word "President" shall be understood to mean the officer administering the Government of the colony for the time being, and the words "or officer administering the Government of the colony for the time being," or words to that effect, or clauses declaratory of such meaning, shall be omitted whenever they occur in the said laws; and in any Ordinance which may hereafter be passed by the Legislative Council of these islands the word "President" shall be understood to have the signification before mentioned, and wherever provision is made in any such Ordinance for any officer to act for another, it shall be understood that such acting officer shall have all the powers and authorities of the person for whom he is acting, unless the contrary be expressed in such Ordinance.

IV. That the said laws, when reprinted, shall be bound up in one or more volumes, and shall be deposited with the Colonial Secretary for distribution, who shall keep a book in which he shall enter the names of all persons to whom any copy of the said laws may be delivered, and also the time when such copy shall be returned into his office, in accordance with the provisions of this Ordinance.

V. That the following persons shall be entitled to have one or titled to copies. more copies of the said laws, to wit:-Her Majesty's Secretary of State for the Colonies, fifty copies; the Governor-in-Chief, two copies; the President of the Colony, one copy; the Legislative Council, four copies, the same to be in charge of the Clerk of the Council; the Judge of the Supreme Court, one copy; the Supreme Court, to be in charge of the Prothonotary, one copy; the Queen's Advocate, one copy; the Colonial Secretary's Office, one copy; the Receiver-General's Office, for distribution to the out-ports, four copies; the Police Magistrate, one copy; the Crown Commissioner, one copy; for the Public Library, one copy; each Justice of the Peace, on taking the oath of office, one copy; and such other public officers as the President may think proper: Provided that in case any person shall hold more offices than one, he shall nevertheless be entitled to receive only one copy of the laws, unless otherwise ordered by the President.

Laws to be

VI. That the laws thus distributed shall be and continue public public property. property, and shall only be retained by the parties to whom they shall have been originally distributed so long as such parties respectively hold the offices in right of which they became entitled to copies of such laws.

In case of

death of any one having a copy,

same to be returned to Colonial Secretary. Value in case of loss.

VII. That in the case of the death of any person to whom a copy of such laws shall have been delivered, the executor or administrator of the person so dying shall, without delay, return the copy of the laws which had been delivered to such deceased person into the office of the Colonial Secretary.

VIII. That in case any copy of the said laws so delivered to any person shall be lost or destroyed, the party to whom the same was delivered, or who had charge thereof, shall be responsible for the value of such copy, which, for the purposes of this Ordinance, shall be fixed at Five pounds, unless he can clearly show, to the satisfaction of the Colonial Secretary, that such copy had been lost or destroyed otherwise than through any negligence or wilful mis

conduct on his part; and (if necessary) such amount may be sued for by the Colonial Secretary, and recovered in the Court for the recovery of small debts, and shall, when recovered, be paid into the Public Treasury.

No. 1. Ord. No. 5, 1860.


may sue for any copy in

the hands of party not

IX. That it shall be lawful for the Colonial Secretary to recover Secretary all copies of such laws as may get into the possession of any person or persons not entitled to retain the same, by action of detinue, or other fit action, in any Court of competent jurisdiction. X. That it shall be lawful for the President, by warrant under his hand in the usual manner, to direct the issue out of the Public Expense of Treasury of these islands of such sum and sums of money as from printing, how time to time may be requisite for defraying the expense of copy- defrayed. ing, printing, and binding the said laws and index.





No. 1.-7 Vic. ch. 23. An Act to authorize certain deductions from the Salaries of Public Officers, and to provide for the Payment of Pensions to their Widows and Orphans. (7th Feb., 1844.)

No. 1.

Act 7 Vic. c. 23.

HEREAS there are no institutions within this colony for PREAMBLE.

Weffecting life-assurance; And whereas an Act has been for


General to deduct from the

annual stipend or salaries of the several

many years in force in this colony for granting pensions to the widows and orphans of clergymen dying within the same, which has proved highly beneficial to such widows and orphans without having been of any extra expense to the colony; and it is consequently expedient to extend the principle of the said Act to all persons holding civil appointment under Her Majesty within this colony; May it, &c., That from and after the Twenty-fifth day of After the 25th June next after the passing of this Act, the Receiver-General and June, 1844, Treasurer shall deduct from each and every of the annual stipends or salaries of the several public officers of this colony, a sum of money at and after the rate of Five pounds out of every Hundred pounds and whenever such public officer residing in these islands, and officiating as such therein, or during leave of absence, shall die, leaving a widow and child, or children, or either, it shall and may be lawful for the President for the time being, by and with the advice and consent of Her Majesty's Council for these islands, to annually pay such widow and child, or children, a pension or annuity, viz., To the widow at and after the rate of Twelve pounds for every Hundred pounds of salary or allowance attaching to the office of her deceased husband, and so in a lesser or greater proportion of any such salary or allowance; and to each child under Ten years of age, Four pounds in like proportion; and to each child over Ten Female Chilyears of age, Six pounds in like proportion, to be paid to such dren to cease on widow or other guardian of such child, by warrant on the Treasury marriage: Male in the usual form: Provided, however, if such widow shall marry, she shall no longer be entitled to her annuity aforesaid;

Public Officers
enumerated in

the Schedule.
Rates of Pen-
sions to Widows
and Children
of Public


Pensions of
Widows and

Children to


cease after 18th year,

No. 1.

shall any male child be entitled to such annuity after he shall have Act 7 Vic. completed the eighteenth year of his age, nor any female after

c. 23.


No. 2. Act 8 Vic. c. 42.


Upon 24th June, 1845, ReceiverGeneral to deduct a specified per centage from officers'

salaries (except the Clergy); and the Widows and Orphan Children of officers from whose salaries such deductions shall be made may be consequently entitled to the

Pensions specified. Officers in receipt of stipend from mother-country

may contribute

to, and will be

thereupon entitled to the consequent benefits of this Act.

No. 2.-8 Vic. ch. 42. An Act to amend an Act entitled "An Act


to authorize certain Deductions from the Salaries of Public Officers, and to Provide for the payment of Pensions to their Widows and Orphans. (14th May, 1845.)

THEREAS by an Act passed in the seventh year of Her Majesty's reign, entitled, "An Act to authorize certain Deductions from the Salaries of Public Officers, and to provide for the Payment of Pensions to their Widows and Orphans," it is enacted, that the Receiver-General and Treasurer shall deduct from the salaries of certain public officers named in the Schedule to the said Act annexed, who might notify, within a definite period, their desire to avail themselves of the provisions of the said Act, a sum of money at the rate of Five pounds per centum per annum, and that whenever any such officer shall die, leaving a widow and child, or children, or either, the President for the time being, by and with the advice and consent of Her Majesty's Council for these islands, should pay annually to such widow and child or children, under certain restrictions and limitations in the said Act set forth, pensions or annuities, at and after the rates therein specified; And whereas it is desirable that the deductions from salaries should be made more general, and the provisions of the said Act also made more generally available to the salaried officers of the colony and their families; May it, &c., That upon and from the Twenty-fourth day of June of the present year One thousand eight hundred and forty-five, the Receiver-General and Treasurer shall make the deduction aforesaid, of Five per centum per annum, from every salary payable under and by virtue of any Act of the Legislature of these islands, of One hundred pounds per annum and upwards, except the salaries of clergymen, subject to a similar deduction, under the provisions of the Act of Assembly, 4 Wm. 4, ch. 36, and a deduction of three per centum from every such salary, as aforesaid, of Fifty pounds, and under One hundred pounds per annum; and in virtue of such deduction, the widow and child, or children, or either, of every such officer shall be entitled to participate in all the benefits accruing from the said Act, anything therein contained to the contrary notwithstanding.t

II. And whereas many of the public officers of the colony are in the receipt of stipends from the mother-country, which will not be subject to deductions under the preceding section, or under the Act to which this is an amendment, and it is desirable that such officers should be permitted to contribute, in the ratio aforesaid, in respect of the said stipends; Be it enacted, that it shall be lawful for every public officer, whose salary is paid, either whole or in part from the mother-country, to pay quarterly to the Receiver-General and

*The remainder of this Act is virtually repealed by the 8 Vic. c. 42, post No. 2. of this Class.

†The part in italics is repealed by Ord. No. 7, 1855, Sect. 23.

Treasurer, commencing on the said Twenty-fourth day of June, or any quarter-day thereafter, a sum of money at the rate of five per centum per annum on the amount of such salary; and upon the death of any such officer, under the circumstances in the first section of the said Act set forth, his widow and child, or children, or either, shall be entitled to pensions at and after the rates mentioned in the said Act, for the full amount of the salary in respect of which such officer had made such quarterly payments as aforesaid: Provided that such payments shall not, at the period of the death of such officer, be in arrear more than one quarter, in which case, unless the legal representative of the estate of such deceased officer shall offer to pay and shall pay, within such time as may be limited for that purpose by the President in Council, the full amount of such arrears, together with the interest due thereon, the right of such widow and child or children shall be barred, and the pensions in respect of such salary, as aforesaid, be forfeited.

III. That every officer from whose salary the deductions aforesaid shall have been made by the Receiver-General and Treasurer, or who shall have made quarterly the payments to the said ReceiverGeneral, in respect to his salary from the mother-country, shall, whether he continues to hold his office or not (or whether he remains in the colony or quits it), have the option of continuing to make quarterly payments equal in amount to such deductions, and such other payments, as aforesaid, or either, or be entitled to have a moiety of the said deductions and payments returned to him; and if any such person shall elect to continue the said quarterly payments, and shall make the same punctually at the stated period at which the same shall be due, his widow and children shall be entitled, upon his death, to the same and the like pensions as if he had died under the circumstances set forth in the said first section of the Act to which this Act is an amendment, anything in the said Act or in this Act to the contrary notwithstanding: Provided always, that the payments of such deceased person shall not be in arrear at the time of his death more than one quarter, if he shall have continued to reside within the colony, or more than six months if he shall have resided abroad, in either of which cases, unless such arrears be paid, as in the next preceding section is permitted, the right of such widow and children to the pensions aforesaid shall be forfeited.

IV. That no pension shall be payable under the Act herein before recited, or under this Act, until the subscriptions or deductions in respect of which the same may be claimed shall have been made continuously for and during a period of two years, nor shall the widow of any officer be entitled to such pension unless she had been married to such officer twelve months prior to his decease. V. That an account shall be opened in the books of the ReceiverGeneral and Treasurer, headed, "Public Officers' Widows' and Orphans' Fund," which shall be kept in the usual debtor and creditor form, and shall be charged with all sums of money which may have been or shall be paid out of the Treasury on account of the same, and shall be credited with all sums of money which have been or shall be deducted from the salaries of any public officers, under the provisions of the Act to which this Act is an amendment, or of this Act, or which shall be received on account thereof, and once in every year, to wit, on the Twenty-fourth day of June, the said

No. 2.

Act 8 Vic.

c. 42.

Privileges to officer continuing to hold

situations or

not, or remain

ing or quitting.

Pension, when payable. Widows not entitled to

pension unless married twelve months prior to her husband's decease.


General to

open an account in his office, to

be headed" Pub-
lic Officers'

Widows' and

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