« EelmineJätka »
No. 3. Majesty's white subjects belonging, or by them enjoyed, are exAct 5 W.4, tended to coloured and black persons of free condition, with certain
exceptions, and under certain restrictions, and it is expedient that
the said Act should be amended; May it, &c., That from and after Persons of
the passing of this Act (with the exception alone of Africans beAfrican birth
longing to any of the negro races captured from slave vessels, and or descent, with exception
brought into these islands by any of your Majesty's vessels of war, of captured who may not have resided within the Government seven years) Africans, sub
persons of African birth or descent, shall be subject to no disability ject to no dis
to which persons of European birth or descent are not also subject, ability to which Euro
anything in the aforesaid Act of Assembly to the contrary notpeans are not
withstanding: Provided, however, that the same doth, and shall also subject. not extend to interfere in any way whatever with the restrictions Proviso rela- imposed by an Act of Assembly of the said fourth year of your tive to appren- Majesty's reign, chapter twenty-one, upon those black and ticed labourers. coloured persons recently manumitted, and now held as apprenticed
labourers, by virtue of the Act of Parliament for the abolition of slavery, to which the said Act of Assembly is auxiliary, during the
term of apprenticeship of any such persons. All natives of II. That form and after the passing of this Act, all persons Africa compe- being natives of Africa, or of any of the islands contiguous thereto, tent witnesses
shall, and are hereby declared to be competent witnesses, in all in Courts of Law, &c. prosecutions, trials, and legal proceedings, civil and criminal, in all
Courts of law and equity within these islands, subject, nevertheless, to the same rules of evidence as other persons are, or may be, anything in the hereinbefore recited Act, or in any other Act of the General Assembly of these islands, to the contrary, notwithstanding.
No. 1. Act 11 Vic.
Reciting Act of Parliament 10 & 11 Vic.
NATURALIZATION OF ALIENS.
of Aliens. (March 22nd, 1848.)
Great Britain and Ireland, passed in the tenth and eleventh years of your Majesty's reign, entitled “ An Act for the Naturalisation of Aliens,” it is amongst other things enacted and declared, that all laws, statutes, and ordinances, which shall thereafter be made and enacted, by the Legislatures of any of Her Majesty's colonies or possessions abroad, for imparting to any person or persons, the privileges, or any of the privileges of naturalization, to be by any such person or persons, exercised and enjoyed within the limits of any such colonies or possessions respectively, shall within such limits have the force and authority of law, any law, statute, or usage to the contrary notwithstanding. And whereas, it is expedient that the powers by the said Act of Parliament vested in Colonial Legislatures should be exercised by the Legislature of this colony, and that an Act should be passed for the purpose of affording greater facility for the Naturalization of Aliens than now by law exists ; May it, &c., that upon obtaining the certificate and taking
Aliens to become naturalized upon obtaining certificates and using certain prescribed oaths.
the oath hereinafter prescribed, every alien now rosiding in, or
No. 1. who shall hereafter come to reside in any part of this colony, shall Act 11 Vic. enjoy within the colony all the rights and capacities which a natural-born subject of the United Kingdom can enjoy, or transmit within the said colony. II. That it shall be lawful for any such alien as aforesaid, to To obtain cer
tificate must present to the President in Council a memorial stating the age,
present a meprofession, trade, or other occupation of the memorialist, and the morial to duration of his residence in the colony, and all other the grounds President in on which he seeks to obtain the rights and capacities of a natural. Council. born British subject, and praying the said President to grant to the memorialist the certificate hereinafter mentioned.
III. That every such memorial shall be considered by the Memorial to President in Council, who shall inquire into the circumstances of be considered each case, and receive all such evidence as shall be afforded by in Council,
by President affidavit or otherwise, as such President with the advice of the and President Council, may deem necessary, or proper for proving the truth of the empowered, allegations contained in such memorial, and that the said President, with advice of with the advice of the said Council, if he shall so think fit, may
to grant certiupon the memorialist taking the oath hereinafter prescribed, issue ficate under the a certificate under the great seal of the colony, reciting such of great seal of the contents of the memorial as he shall consider to be true and the Colony. material, as also the fact that the memorialist had taken and subscribed the oath by this Act required to be taken, and subscribed, and granting to the memorialist all the rights and capacities of a natural-born subject within the colony.
IV. That before any certificate as aforesaid shall be granted, the Oath to be memorialist to whom rights and capacities are intended to be taken by Aliens granted by such certificate, shall take and subscribe the following desirous of be. oath, (that is to say,) “I, A. B. do sincerely promise and swear
ing naturalized, that I will be faithful and bear true allegiance to Her Majesty, Queen Victoria, and will defend her to the utmost of my power against all conspiracies and attempts whatever which may be made against her person, crown, or dignity, and I will do my utmost endeavour to disclose, and make known to Her Majesty, her heirs and successors, all treasons, and traitorous conspiracies which may be formed against her or them; and I do faithfully promise to maintain, support, and defend to the utmost of my power the succession of the crown, which succession by an Act entitled, “An Act for the further limitation of the Crown, and better securing the rights and privileges of the subject,' is and stands limited to the Princess Sophia, Electress of Hanover, and the heirs of her body being Protestants, hereby utterly renouncing and abjuring any obedience or allegiance unto any other person claiming or pretending a right to the crown of this realm. SO HELP ME GOD;" which oath shall be taken and subscribed by such memorialist, and shall be duly administered to him or her before the Clerk of the Council for these islands, if such oath shall be taken and subscribed in the Island of Grand Turk, or before any one of Her Majesty's Justices of the Peace for these islands, or for any district thereof, if such oath shall be taken and subscribed at any other island of this Government; and in the latter case the Justice of the Peace administering the oath shall grant to the person taking and subscribing it, a certificate of his or her having taken and subscribed such oath accordingly.
No. 1. V. That all certificates granted under this Act shall be recorded Act 11 Vic. in the office of the Public Secretary and Registrar of Records for
VI. That the fees payable in respect of the several proceedings Fees on natu- hereby authorized shall be fixed and regulated by the Governor in ralization to be Council, and shall be paid into the Public Treasury of these islands regulated and paid into the
in aid of the expenses of the Government thereof. Treasury.
Requisites to form rules.
No. 1.-5 Wm. 4, ch. 40. An Act for the protection and encourage
abuses therein. (May 11th, 1835.)
rendered it expedient that encouragement should be given to persons desirous of forming themselves into one or more societies, for their mutual relief and advantage; May it, &c., That it shall and
may be lawful for any number of persons to form themselves into a society for their mutual relief; to raise funds for that purpose; to make, alter, and amend rules for the government and guidance of the same, and to inflict fines and penalties upon members of such society, who shall or may offend against such rules.
II. That all such societies in their rules, before they be confirmed, as hereinafter directed and required, shall declare all and every the intents and purposes, for which such society is intended to be established, and direct all the uses and purposes to which the money subscribed shall be applied ; and in what proportions, and under what circumstances, any member or other person shall become entitled thereto, and that the money so subscribed shall not be diverted or misapplied by the treasurer or other person intrusted therewith, under such penalty as the society shall, by any rule, impose.
III. That a transcript of all such rules, signed by three members and countersigned by the secretary, shall be submitted with all convenient speed, after every meeting altering or amending thereof, to the Queen's Advocate of the colony, for the purpose of ascertaining whether the said rules are in conformity to law, and the provisions of this Act; and that the said Queen's Advocate shall give a certificate thereof, or point out in what parts they are repugnant thereto; and that such transcript, when certified as hereinbefore required, shall be deposited with the Clerk of the Crown, to remain in his office as a record; and that such transcript shall be enrolled by the said Clerk of the Crown, and a certificate thereof to be signed by him on a duplicate copy, which shall be provided by and returned to such society.
IV. That the said Queen's Advocate may withhold his sanction or allowance to any proposed rules, unless it shall appear to him that the tables tendered may be adopted with safety to all parties concerned.
Rules to be submitted to the Queen's Advocate.
Power in respect to Rules,
V. That no society shall have the benefit of this Act unless No. 1. their rules and regulations are entered in a book, kept by an officer Act 5 W. 4, appointed for that purpose, and a transcript thereof deposited with the Clerk of the Crown ; and all rules when entered and confirmed as aforesaid shall be binding on members and contributors, and Regulations
relative to entry their representatives ; and the entry of such rules in such book, or
of Rules, &c. the transcript deposited with such Clerk of the Crown, or a true copy of such transcript certified as aforesaid, shall be received as evidence of such rules in all cases.
VI. That no confirmed rules shall be altered or rescinded, but How confirmed at a general meeting of the society, convened in pursuance of a Rules can alone requisition for that purpose by seven or more members; and that be altered. such alteration or recission shall be made only with the approbation of three-fourths of the members present at such general meeting.
VII. That the rules to be adopted by any such society shall What shall be specify the place of meeting, and the duty of the officers and mem
Rules. bers at large. VIII. That any such society, at their usual meetings, or by Appointment of
Officers. their committee, may appoint a president, treasurer, or trustee, or such other officers as may be necessary to carry into execution the purposes of such society, for such periods and purposes as shall be established by the rules; and that every officer in any way connected with the receipt, management, or expenditure of the society's funds, shall give security, by a bond, in a sum prescribed by such committee, for the faithful execution of such trust, to be given to the Clerk of the Crown, without any fee; and in case of forfeituro, it shall and may be lawful for the Queen's Advocate to sue upon such bond, for the use of such society.
IX. That it shall and may be lawful for such societies to elect a Election of committee of any number of members, and may delegate to such Committees, committee any powers given by this Act, being first declared in and powers
delegated to by the rules confirmed by the Queen's Advocate, and filed in the manner before directed; and when a committee shall be appointed for any particular purpose, the power delegated to be entered into a book by the secretary; and the transactions of such committee shall also be entered in a book, and be at all times subject to the review and control of the society, in such manner as their rules shall direct.
X. That the treasurer, or trustee, shall lay out such sums of Funds may be money as are not needed for immediate expenditure, either in real invested at
interest. or heritable securities, or heritable property, or invest the same in the public funds of the colony, or in Government securities; and that all interest and proceeds arising therefrom shall be brought to account by such treasurer or trustee, and applied to the use of the society.
XI. That all persons intrusted with the disposal, management, Persons inor custody of the funds of any such society, shall render an account, trusted with and pay over all moneys remaining in his or their hands, and trans- funds, to ren
der accounts fer and deliver over all securities, books, and papers in their custody, when required. on demand being made, or notice in writing given at his or their usual place of abode, to such person as the society shall appoint; and in case of neglect or refusal, application may be made to the Judge of the Supreme Court of these islands, who shall proceed thereupon, in a summary way, and make such order as may seem
Court in certain cases.
No. 1. just, which order shall be final and conclusive; and all transfers, Act 5 W. 4, sales, or dispositions, made in pursuance of such order, shall be
good and effectual.
XII. That when any trustee or treasurer is out of the jurisdicPower of the tion of the Court, become idiot, lunatic, or imbecile, or it be
uncertain whether they are alive, or they be absent, or refuse to convey, transfer, or deliver any such securities, the Judge of the Supreme Court of these islands is hereby empowered to appoint a
person to make such conveyance, transfer, or disposition. Executors, &c.,
XIII. That the executors, administrators, assigns, or the repreto deliver up sentatives of any person, in whose custody were any moneys, effects, all moneys, &c.,
securities of such society, shall, within forty days after demand of any such
made, deliver over all such effects, moneys, or securities, and pay Society, &c.
all sums of money due to the said society, before any other debts
are paid or satisfied. Actions, how XIV. That the effects of any such society shall be vested in the brought and treasurer or trustees, for the time being, who may bring and defended.
defend actions in Cowts of Law or Equity, within these islands; and that no action shall be discontinued or abated by the death or removal of such treasurer or trustee, in the proper name of the
person commencing the same. Liability of XV. That the treasurer, trustee, or other officer of any such Officers of the
society, shall not be liable to make good any deficiency in the funds Society.
of the society, unless he or they have declared, in writing, his or their willingness to be so answerable; and may limit his or their responsibility to such sum as shall be specified in such writing; but all officers are hereby declared to be personally responsible for
moneys actually received by them. Regulations as XVI. That whenever the trustees of any such society shall have to payment of paid, after the decease of a member, any sum of money to any sums due to deceased
person who shall appear to be entitled to the same, such payment members.
shall be valid and effectual, with respect to any demand of any other person as next of kin, or lawful representative of such deceased member, as against the society ; but such next of kin or representative shall have their remedy for such money against the person
who may have received the same. Same:
XVII. That in case any member of any such society shall die intestato, entitled to any sum not exceeding thirty pounds, the treasurer or trustees of such society are hereby authorized to pay the same according to the rules of the society; and if there are no rules in that behalf, to pay and divide the same to and among the person or persons entitled to the effects of the deceased intestate,
without letters of administration being taken out. Proceeding in
XVIII. That if any person shall, by false representation, the case of fraudulently obtain possession of any moneys belonging to any such
society, or fraudulently withhold the same, such offence not being dulently obtaining moneys
provided for by the rules of such society, such person shall, and belonging to a may be summoned, upon complaint on oath by an officer of such Society. society, before any two of His Majesty's Justices of the Peace; who
are hereby authorized to hear and determine upon the same, and upon any due proof of such fraud, to convict the party, and award double the amount of the money so obtained, or withheld to the treasurer, together with costs; and in case of non-payment of money so awarded, the Justices shall cause the same to be levied by distress and sale, together with the costs attending such distress ;