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ing the Government of the said islands, shall in the discharge of such their office conform to and observe such instructions as shall for that purpose be addressed to them by Our Captain-General and Governor-in-Chief for the time being, in and over Our island of Jamaica so long as he shall be within any one of the said islands aforesaid or in the island of Jamaica in the execution of this Our Charter: subject nevertheless to all such rules and regulations in that behalf as are contained in Our instructions accompanying this Our Charter. And whereas it is necessary that provision be also made for the execution of this Our Charter in the event of the death, incapacity, or absence of Our said Captain-General and Governor-in-Chief from his said command of Jamaica. Now therefore we do further declare Our pleasure to be that in the event of the death, incapacity, or absence of Our said Captain-General and Governor-in-Chief from his said command, all and every the powers and authorities hereby vested in him shall thereupon be, and the same are hereby in any such event and until Our pleasure shall be further signified, vested in Our Lieutenant-Governor of Our said island, of Jamaica, and if there shall then be no such LieutenantGovernor within Our said island then in such person as may in manner aforesaid be appointed by us to be the Administrator of the Government thereof, or if there shall then be no such Administrator of the Government within the said island of Jamaica then in such Senior Member of the Council thereof as aforesaid. And we do further direct and enjoin that this Our Charter be read and proclaimed within our said Islands. And we do hereby require and command all officers civil and military, and all others the inhabitants of Our said islands, to be obedient, aiding and assisting unto Our said Captain-General and Governor-in-Chief in and over Our island of Jamaica and to the persons hereinbefore appointed to administer the Government of Our said Turks and Caicos Islands, in the execution of this Our commission and of the powers and authorities herein contained. In witness whereof we have caused these Our letters to be made patent.

Witness Ourself at Westminster, the twenty-fifth day of October in the twelfth year of Our reign.

By Writ of Privy Seal.

[L.S.]

(Signed)

PEPYS.

No. 4. The Charter 1848.

also in case of death, &c., of Governor-inChief.

No. 1. Act 40 G. 3,

c. 2.

PREAMBLE.

PART II.

CLASS I.-LAWS EXTENDING THE COMMON, AND CERTAIN PARTS OF
THE STATUTE, LAW OF ENGLAND, AND CERTAIN ACTS
OF THE GENERAL ASSEMBLY OF THE BAHAMA
ISLANDS, TO THE TURKS AND CAICOS ISLANDS.

CLASS II.-LAWS RELATING TO THE LEGISLATIVE POWERS OF THE
COUNCIL, AND OTHER MATTERS CONNECTED WITH THE
REPRESENTATION OF THE PEOPLE.

CLASS III.-LAWS REMOVING CIVIL DISABILITIES FROM CERTAIN
CLASSES OF PERSONS.

CLASS IV.-ALIENS, NATURALIZATION OF.

CLASS V.-FRIENDLY SOCIETIES.

CLASS VI.-WILLS AND ESTAtes of Deceased Persons.

CLASS I.

DIVISION I.-LAWS EXTENDING THE COMMON, AND
CERTAIN PARTS OF THE STATUTE, LAW OF ENG-
LAND, AND CERTAIN ACTS OF THE GENERAL
ASSEMBLY OF THE BAHAMA ISLANDS, TO THE
TURKS AND CAICOS ISLANDS.

No. 1.-40 Geo. 3, ch. 2. An Act to declare how much of the Laws of England are practicable within the Bahama Islands, and ought to be in force within the same. (A.D. 1799.)

HEREAS the Common Law of England is the best birth

W of

less is not, in all respects, applicable to the circumstances and condition of new and distant colonies: And whereas doubts have arisen how far the Acts of Parliament in which His Majesty's colonies and plantations in America are not especially mentioned or included under general words do extend to those colonies and plantations, by reason whereof your Majesty's liege subjects of these islands have sometimes been in danger of being deprived of the benefit of many good and wholesome laws; and whereas it is expedient that all doubt be taken away concerning a subject of such high importance: We therefore pray, &c., and be it declared by the authority of the same, that the Common Law of England, in all cases where the same hath not been altered by any of the Acts or Statutes hereinafter enumerated, or by any Act or Acts of Assembly in force in these islands, or by any Ordinance of the Legisin the Colony. lative Council of the same (except so much thereof as hath relation

Common Law of England, with certain exceptions, declared in force

to the ancient feudal tenures, to outlawries in civil suits, to the wager of law or of batail, appeals of felony, writs of attaint and ecclesiastical matters), is, and of right ought to be, in full force within these islands, as the same now is in that part of Great Britain called England.

II. And be it further declared, That the several Statutes and Acts No. 1. of Parliament, hereinafter particularly enumerated and mentioned, Act 40 G. 3, are, and of right ought to be, in full force and virtue within and throughout this colony, as the same would be if the Turks and Caicos Islands were therein expressly named, or as if the aforesaid Acts and Statutes had been made and enacted by the Legislature of these islands.*

c. 2. Declares cer

tain Acts of Parliament to

be in force.

"How sureties shall be charged to the

"The King's Debtor dying, the King shall

"A woman shall recover damages in a

9 Henry 3, ch. 8. King."

9 Henry 3, ch. 18. be first paid.'

33

20 Henry 3, ch. 1. writ of dower."

20 Henry 3, ch. 2. lands."

"Widows may bequeath the crops of their
"He is a bastard that is born before the

20 Henry 3, ch. 9. marriage of his parents." 3 Edward 1, ch. 4. and what not."

3 Edward 1, ch. 28. 3 Edward 1, ch. 29. committing deceit."

"What shall be adjudged wreck of the sea,

"All men shall be ready to pursue felons."
"None shall commit champerty to have

3 Edward 1, ch. 9. 3 Edward 1, ch. 25. part of the thing in question."

3 Edward 1, ch. 26. "None of the King's officers shall commit extortion."

"Clerks shall not commit maintenance."
"The penalty of a Serjeant or Pleader

"Extortion by Justices' Officers."
"No maintainers of quarrels shall be

"Several actions wherein damages shall be

3 Edward 1, ch. 30. 3 Edward 1, ch. 33. suffered."

6 Edward 1, ch. 1. recovered."

13 Edward 1, statute 1, ch. 1. "In gifts in tail, the donor's will shall be observed. The form of a formedon."

13 Edward 1, statute 1, ch. 4. "Where the wife shall be endowable of lands recovered against the husband. Where the heir may avoid a dower recovered. A remedy for particular tenants losing by default."

13 Edward 1, ch. 7. "Admeasurement of dower for the Guardian and the heir, and the process therein."

"An infant eloined may sue by prochein

13 Edward 1, ch. 15. amy."

"Waste maintainable by one tenant in

13 Edward 1, ch. 22. common against another." 13 Edward 1, ch. 23. compt."

"Executors may have a writ of ac

"An exception to a plea shall be sealed

13 Edward 1, ch. 31. by the Justices."

13 Edward 1, ch. 34. "It is a felony to commit a rape. A married woman elopeth with an advouterer."

* By this clause 207 Acts of Parliament were originally extended. The clause has, however, from time to time been repealed in part, and those Acts only which remained in force at the time of the separation are inserted in this reprint. The titles of the statutes are set forth as they usually appear in the printed copies.

C

No. 1. Act 40 G. 3, c. 2.

13 Edward 1, ch. 40. "A Woman's suit shall not be deferred by the minority of the heir."

13 Edward 1, ch. 45. "The process of execution of things recorded within the year, or after."

13 Edward 1, ch. 49. "The penalty for buying the title of land depending in suit. A remedy for suits where the law faileth."

66

28 Edward 1, ch. 11. 'Nothing shall be taken to maintain any matter in suit."

66

Stat. de frangentibus Prisonam. 1 Edward 2, statute 2. In what case it is felony to break prison, in what not."

1 Edward 3, statute 2, ch. 16. "Who shall be assigned Justices and Keepers of the Peace."

4 Edward 3, ch. 2. "The authority of Justices of Assize, Gaol Delivery, and of the Peace."

4 Edward 3, ch. 7. "Executors shall have an action of trespass for a wrong done to their testator."

4 Edward 3, ch. 10.

"Sheriffs and Gaolers shall receive offend

ers without taking anything."

5 Edward 3, ch. 10. "The punishment of a Juror that is ambidexter and taketh money."

5 Edward 3, ch. 11.

"Nightwalkers and suspected persons shall

14 Edward 3, statute 1, ch. 6. "A Record which is defective by misprision of a Clerk, shall be 18 Edward 3, statute 2, ch. 2. pointed, and their authority."

20 Edward 3, ch. 3. associates shall take an oath."

be safely kept."

amended."

"Justices of Peace shall be ap

"Justices of Gaol Delivery, &c., and their

"A declaration which offences

25 Edward 3, statute 5, ch. 2. shall be adjudged treason."

"No Indictor shall be put upon

25 Edward 3, statute 5, ch. 3. the inquest of the party indicted."

25 Edward 3, statute 5, ch. 5. have the benefit and charge of the

"Executors of Executors shall first testator."

25 Edward 3, statute 5, ch. 14. "What process shall be awarded against him that is indicted for Felony."

28 Edward 3, ch. 3. his answer."

"No person shall be condemned without

"The penalty of a Juror taking reward to

"There shall be no forfeiture of lands

34 Edward 3, ch. 8.
give his Verdict."

34 Edward 3, ch. 12.
for treason of dead persons not attainted."

38 Edward 3, statute 1, ch. 2. "A ship shall not be lost for a small thing therein not customed."

38 Edward 3, ch. 12. "The punishment of a Juror taking reward to give verdict, and of Embraceors."

50 Edward 3, ch. 6. "Fraudulent assurances of lands or goods, to deceive creditors, shall be void."

1 Richard 2, ch. 12. "A prisoner by judgment shall not be left at large. Confession of a debt to the King to delay another's execution.

""

5 Richard 2, ch. 8.
Lands where it is not lawful, or with force."

8 Richard 2, ch. 4.
false entry, rase a roll, or change a verdict."

"The penalty where any doth enter into

"The penalty if a Judge or Clerk make a

9 Richard 2, statute 2, ch. 1. "In a pardon of Murder, Treason, or Rape, the offence committed shall be specified. The forfeiture of him at whose suit such a pardon is obtained."

13 Richard 2, statute 1, ch. 5. "What things the Admiral and his Deputy shall meddle."

15 Richard 2, ch. 2. "The duty of Justices of the Peace when any forcible entry is made into Lands."

15 Richard 2, ch. 3. tion doth lie."

66

"In what places the Admiral's jurisdic

17 Richard 2, ch. 6. Upon an untrue suggestion in the Chancery, damages may be awarded."

17 Richard 2, ch. 8. "The Sheriffs and all other the King's Officers, shall suppress rioters, and imprison them, and all others offending against the Peace."

1 Henry 4, ch. 10. "Nothing shall be accounted Treason but what was made Treason in the time of King Edward the Third." 2 Henry 4, ch. 11. "A remedy for him who is wrongfully pursued in the Court of Admiralty."

4 Henry 4, ch. 18. default."

"The punishment of an Attorney found in

66

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Judgments given shall continue until they attaint or error.'

""

4 Henry 4, ch. 23. shall be reversed by 5 Henry 4, ch. 5. "It shall be felony to cut out the tongue, or pull out the eyes of the King's liege people." 5 Henry 4, ch. 10. Common Gaol."

"Justices shall imprison none but in the

"Records shall not be amended or impaired

11 Henry 4, ch. 3. after judgment enrolled."

13 Henry 4, ch. 7. "The Justices of Peace and the Sheriffs shall arrest those which commit any riot, &c., inquire of them, and record their offences."

2 Henry 5, ch. 2. "A Corpuscum causâ or Certiorari to remove him who is in execution at another man's suit."

9 Henry 5, statute 1, ch. 4. "The Justices may amend defaults in records or process after Judgment given."

4 Henry 6, ch. 3. "Justices in certain cases may amend their records according to former statutes.” 8 Henry 6, ch. 9. "The duties of Justices of Peace where land is entered upon, or detained with force."

66

8 Henry 6, ch. 12. No Judgment or Record shall be reversed for any writ, process, &c., raised. What defects in Records may be amended by the Judges, and what not."*

8 Henry 6, ch. 15. "The Justices

in certain cases,

may,

amend defaults in Records."

8 Henry 6, ch. 29. "An inquest shall be de medietate linguâ, where an alien is party."

11 Henry 6, ch. 3. "An Assize, &c., maintainable against the pernor of the profits."

11 Henry 6, ch. 6. "No suit pending before any Justice, &c., shall be discontinued by a new Commission."

1 Richard 3, ch. 3. "Every Justice of the Peace may let a

So much of this Statute as relates to the offences of "stealing, taking away, withdrawing or avoiding of any Record, or other like thing therein mentioned;" is repealed. See Act of Assembly, 4th Victoria, c. 30, post.

No. 1. Act 40 G. 3,

c. 2.

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