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Ord. No. 8, 1851.
Persons of every denomination may become Subscribers.
By-rules, when approved of to be binding.
inflicted to be recovered before one or more Justices of the Peace.
Penalties how appropriated.
Grant from General Revenue.
V. And be it further ordained, that it shall not be in the power of the President or other officer administering the Government, nor of the trustees as aforesaid, to restrict the number of subscribers by any by-rules or otherwise, to any class or denomination of persons whatsoever, but all parties who shall have resided for not less than Thirty days within this presidency shall be entitled, on payment of the subscription hereafter to be decided upon in the by-rules, to all such advantages and benefits as are likely to be derived from the establishment of a public library within these islands.
VI. And be it further ordained, that the by-rules and regulations as aforesaid shall, when approved of by the President as aforesaid, be equally binding upon the subscribers to the public library as if the said by-rules formed part of this Ordinance.
VII. And be it further ordained, that any penalties inflicted by the aforesaid by-rules upon any of the subscribers for injury or damage, wilfully or otherwise done, to any of the works, books, pamphlets, reviews, newspapers, publications, or other property belonging to the said library, shall be recovered before one or more Justices of the Peace, in the same manner as is already established by the law of these islands, for the recovery of all amounts not exceeding Five pounds: Provided always that each such penalty as aforesaid shall not exceed at any time double the amount of the value of the work, book, pamphlet, review, publication, or other property either lost, damaged, or injured, wilfully or otherwise, whilst in the possession of any of the subscribers; and it shall be lawful for the trustees aforesaid to appoint a librarian who shall be responsible for the safe keeping of the property hereby invested in such trustees.
VIII. And be it further ordained, that all penalties levied or awarded under the provisions of this Ordinance, shall be paid by the convicting Justice or Justices into the hands of the librarian, to be appropriated towards the maintenance of the said library.
IX. And be it further ordained, that there shall be paid out of the public revenue of these islands the sum of Fifty pounds, by warrant in the usual manner, in aid of the establishment of the said library, so soon as this Ordinance shall have been promulgated within these islands, under the authority and sanction conveyed to that effect by Earl Grey's despatch No. 73, bearing date Ninth April, One thousand eight hundred and fifty-one, by the President administering the Government of the said islands, subject notwithstanding to the royal assent thereto or to the provisional approval of the Captain-General and Governor-in-Chief for the time being.
No. 4.-ORDINANCE No. 3 of 1860.
An Ordinance to provide for taking a Census of the Inhabitants of the Ord. No. 3, Colony. (Passed 11th April, 1860. Confirmed 5th Sept., 1860.)
HEREAS it is desirable that a correct census of the inhabit- PREAMBLE, ants of the colony should be taken at such time within two
years after the proclamation of this Ordinance, as may be appointed for that purpose by the President; May it, &c.,
I. That it shall be lawful for the President, at such time within the period aforesaid as he may deem fit, to cause a census of the inhabitants of the colony to be taken in such manner as he, with the advice of the Executive Council, may direct.
II. That it shall be lawful for the President, with the advice of Rules to be the Council aforesaid, to make rules and regulations for carrying made. this Ordinance into effect, and all rules and regulations so made shall be published for general information, and shall from such
publication have the force of law within these islands.
III. That for the breach of any such rules and regulations as Penalty for aforesaid, to be proved before any one of Her Majesty's Justices of breach of rules. the Peace; it shall be lawful for such Justice to fine the offender in any sum not exceeding Five pounds, to be levied by warrant under the hand and seal of such Justice, by distress and sale of the offender's goods and chattels; and if no goods and chattels can be found whereon such fine as aforesaid can be levied, in such case it shall be lawful for such Justice to commit the offender to any prison within his district, there to remain for any term not exceeding Twenty days.
IV. That all expenses incurred under the authority of this Ordi- Expenses how nance, or of any rule or rules, regulation or regulations, so to be defrayed. made as aforesaid, shall be defrayed out of the Public Treasury of these islands by warrant in the usual manner.
V. Definition of word President.
PROTECTION FROM THE SEA.
No. 5.-ORDINANCE No. 18 of 1860.
An Ordinance to secure the Western shore of Grand Turk from the inroads of the Ocean, and for other purposes. (Passed 4th May, 1860. Confirmed 27th Nov., 1860.)
No. 5. Ord. No. 18,
HEREAS the extensive encroachments of the ocean on the PREAMBLE. western shore of Grand Turk have already caused considerable injury to the property adjacent thereto; And whereas it is evident that the progressive inroads of the sea will, within a short period, create a far greater destruction of lands and houses, and also eventually submerge the principal salina of the colony; and whereas the abutments of the chief portion of Cockburn Town,
Ord. No. 18,
to appoint a Board of
£250 to be paid annually for 3 years for purposes of this Ordinance.
Crown Commissioner to prepare plan and estimate.
contracts to be advertised for.
Penalty for obstructing
fronting the sea, are in a most dilapidated condition, and it is indispensable that prompt measures should be adopted to protect the property of the inhabitants and the interests of the Crown in these islands from the danger with which both are threatened; and whereas from the large amount of money requisite to complete the works necessary for the purpose of protecting such property as aforesaid, it is fit that a moiety of the expense to be incurred should be paid out of the funds of the Public Treasury; May it, &c.,
I. That the Crown Commissioner for the time being, together with four other persons, two of whom at least shall be members of the Legislative Council of these islands, to be annually named and appointed by the President or officer administering the Government, shall be, and they are hereby constituted and appointed a Board of Public Works for this Presidency, and they, or a majority of them, are hereby invested with full power to carry the provisions of this Ordinance into execution.
II. That it shall be lawful for the said board, and they are hereby authorized to demand and receive from and out of the Public Treasury of these islands, from time to time, as the same shall be required, by warrant in the usual manner, the sum of Two hundred and fifty pounds per annum, for each of the years 1862, 1863, and 1864.
III. That it shall be the duty of the said board to apply all sums of money which may come into their hands under the provisions of this Ordinance, in aid of the construction, erection, and completion of the road in front of the town, and the wharves or piers, according to a plan to be approved of by the said board.
IV. That previous to any of the said works being ordered or sanctioned by the said board, they shall have before them a plan and estimate of the probable expense thereof, which it shall be the duty of the said Crown Commissioner, on being duly required, to furnish with such other information as may be necessary; and it shall be the further duty of such Crown Commissioner, from time to time, to inspect all of the said works and to report thereon to the said board, all which reports and estimates, respectively, shall be laid before the Legislative Council at its annual meeting.
V. That it shall not be lawful for the said board to enter into any contract to a greater amount than Two thousand pounds, or to direct payment to be made for any work until the same shall have been duly performed; except in such cases as they shall deem it advantageous to the public to advance money on account of any contract actually entered into, but in no case shall the sum so advanced exceed one-third of the amount contracted for.
VI. That no requisition for money made by the aforesaid board shall be valid unless signed by a majority of the said board.
VII. That whenever the probable cost of any work required to be done shall exceed Twenty pounds, it shall be the duty of the said board to advertise in the public newspapers of the colony for sealed proposals for the performance of the same under contract, with two responsible persons as sureties, in such sum as the said board shall deem sufficient.
VIII. That if any person or persons shall wilfully interrupt or obstruct the said board or any member of it, or any other person Public Works. employed by the said board in the performance of any work or Act
authorized or required to be performed by this Ordinance, every person so offending shall, on conviction thereof before two Justices of the Peace, pay for every such offence a fine of Five pounds, to be levied by warrant under hands and seals of such Justices, by distress and sale of the offender's goods and chattels, and if no goods and chattels can be found whereon such fine as aforesaid can be levied, then and in such case it shall be lawful for such Justices to commit the offender to the common gaol of these islands, there to remain for any term not exceeding Three months.
IX. That it shall be lawful for the said Board to meet from time to time, as often as may be necessary, at the request of any two of the members thereof; due notice to each member of such intended meeting being given at least two hours before such meeting.
X. That the said Board shall, at the annual meeting of the Legislature, and at all other times when so required, render a true and faithful account to the Legislative Council of these islands of the expenditure of all moneys received by them.
XI. That in any action at law to be brought for any Act, matter, or thing done under or by virtue of this Ordinance against the said Board, or any member thereof, or against any overseer, or any contractor or contractors as aforesaid, or others in anywise acting directly or indirectly under the authority of the said Board, in the premises, it shall be lawful for the defendant or defendants to plead the general issue, and give this Ordinance and the special matter in evidence under that plea; and in case of judgment for the defendant or defendants or discontinuance of suit before judgment, the said defendant or defendants shall be entitled to double costs.
XII. That all fines incurred by this Ordinance, when recovered, shall be reserved for the use of Her Majesty, her heirs, and successors, to be applied towards the support of the Government of these islands.
Ord. No. 18, 1860.
Board to make returns of expenditure to the Legislative Council.
No. 6.-ORDINANCE No. 21 of 1860.
An Ordinance to promote General Vaccination. (Passed 30th May,
1860. Confirmed 17th Oct., 1860.)
No. 6. Ord. No. 21, 1860.
HEREAS the small-pox now prevails at the neighbouring PREAMBLE. island of St. Domingo, and it is expedient that precaution should be taken to protect the people of these islands from the extension and ravages of so loathsome and destructive a disorder; May it, &c.,
I. That it shall be lawful for the President of these islands, from time to time, to appoint persons to act as vaccinators for the various districts within the colony, or for any subdivision of any such district, as the President may think fit to make for the purposes of this Ordinance, whose duty it shall be, from time to time, under and subject to the provisions of this Ordinance, to vaccinate such of the indigent poor as may require their services for that purpose.
Ord. No. 21, 1860.
II. That it shall be the duty of each public vaccinator semiannually to take the most effectual means for giving to all persons resident within his district due notice of the place, and of the day and hour at which such vaccinator will attend to vaccinate such poor persons, not having been already successfully vaccinated, as may then appear there, for that purpose, and also of the day and hour at which such vaccinator will attend at such place, to inspect the result of such vaccination.
III. In case of an infant of tender age vaccinated under the provisions of this Ordinance, it shall be the duty of the person who shall have brought such infant to be vaccinated to cause such infant, on the eighth day following the day on which the infant shall have been so vaccinated, to be again brought before the vaccinator by whom the operation was performed, or any other vaccinator lawfully acting for him; and in case of any person of years of discretion being vaccinated, as aforesaid, it shall be his duty, on the eighth day, as aforesaid, again to come before the said vaccinator, or other person lawfully acting, as aforesaid, that he may ascertain by inspection the result of the operation; and any person omitting or neglecting to comply with the requirements in this clause contained shall forfeit and pay a fine not exceeding Four shillings.
IV. It shall be the duty of each vaccinator, immediately after the vaccination of any person under the authority of this Ordinance, to enter upon the register-sheet, to be furnished for that purpose as hereinafter provided, the particulars required to be registered according to the form in the Schedule to this Ordinance annexed, and after inspection on the eighth day, as aforesaid, then in case such vaccinator shall be a duly qualified medical practitioner, to certify the result thereof by his signature in the proper column; but if such vaccinator shall not be a duly qualified medical practitioner, it shall be his duty, where any such vaccination shall be unsuccessful, to certify the same under his own signature; but if successful, then to obtain the signature of some Justice of the Peace, or Minister of Religion (when either can be obtained), together with his own certificate thereto.
V. That every vaccinator shall, as soon as practicable after the last day of June and December in every year, deliver or transmit by some safe conveyance to the office of the Colonial Secretary at Grand Turk, every such sheet upon which entries shall have been made, as aforesaid, under the authority of this Ordinance, during the half-year ending on the said last day of the said months respectively.
VI. That for each successful vaccination so performed, registered, and certified, as aforesaid, the vaccinator performing the same shall be entitled to receive a fee of Two shillings, to be paid to such vaccinator out of the Public Treasury, by warrant in the usual manner, on the certificate of the Colonial Secretary, that such vaccinator's half-yearly returns have been by him received; and that the same in all respects conform to the provisions of this Ordinance.
VII. Whereas the use of variolous matter, for the purpose of producing by inoculation therewith a modified small-pox, is dangerous to a community, as tending to propagate a virulent and con