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XXIV. That in all trials by General or other Courts Martial to be held by virtue of this Ordinance, every member assisting at such trial, before any proceedings be had thereon, shall take the following oaths before the Judge Advocate or his Deputy, or (in Regimental Courts Martial) before the clerk appointed by the President of the said Court, who are respectively authorized to administer the same, that is to say: “You shall well and truly try Form of oaths. and determine according to evidence in the matter now before you.
"SO HELP YOUR GOD."
Clauses of Ord. No. 5, 1859, which apply to Rifle Corps.
Punishment for misbehaviour.
Witnesses free from arrest.
Neglect of attendance, how punished.
"I, A. B., do swear that I will duly administer justice according to Ordinance No. 4 of 1854, entitled 'An Ordinance to consolidate and amend the Laws now in force relating to the Militia,' without partiality, favour, or affection: and if any doubts shall arise which are not explained by the said Ordinance, according to my conscience, the best of my understanding and the customs of war in like cases. And I further swear, that I will not divulge the sentence of the Court until it shall be approved of by the President, or other officer duly authorized; neither will I upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the Court Martial, unless required to give evidence thereof by a Court of Justice or a Court Martial in due course of law,
"SO HELP ME GOD."
And as soon as the said oaths shall have been administered to the respective members, the President of the Court is hereby authorized and required to administer to the Judge Advocate or the person officiating as clerk, an oath in the following words :
"I, A. B., do swear that I will not upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the Court Martial, unless required to give evidence thereof as a witness by a Court of Justice or a Court Martial in due course of law,
"SO HELP ME GOD."
XXV. That no person whatsoever shall use any menacing or disrespectful words, signs, or gestures in the presence of any Court Martial when sitting, or shall cause any riot or disorder, so as to interrupt their proceedings, on pain of imprisonment, at the discretion of such Court Martial for any period not exceeding ten days. XXVI. That all witnesses duly summoned by the Judge Advocate or person officiating as such, shall during their necessary attendance on such Courts, and in going to and returning from the same, be privileged from arrest, in like manner as witnesses attending the Supreme Court are privileged; and if any such witness shall be unduly arrested, he shall be discharged by the Court out of which the writ or process shall issue; and if any such Court be not then sitting, then by any Judge of such Court upon its being made to appear to such Court or Judge by affidavit, that such witness was arrested in going to, or returning from, or attending on such Court Martial; and all witnesses so summoned who shall not attend on such Courts Marshal shall be liable to be punished by such Court in like manner as if such witness had neglected to attend on a trial in any criminal proceeding in the Supreme Court.
XXVII. That no sentence of a General or Regimental Court Martial shall be carried into execution, until after the report of the whole proceedings shall have been made to the President, and his directions received thereon.
No. 2. Clauses of Ord. No. 5, 1859, which apply to Rifle Corps.
XXVIII. That a record of the proceedings of every such General Court Martial shall be made and kept by the Judge Advocate, or his deputy, and be open to the perusal and inspection of the officers of Militia; and a similar record shall be made by the clerk of every Regimental Court Martial, subject to the perusal and inspection as aforesaid, the same to be kept by the adjutant.
XXIX. That all buildings provided for the use of the Militia, and all military equipments, provisions, or stores for the use of the same, shall be under the care and inspection of some person or persons appointed by the President for that purpose. And such person or persons who shall embezzle any money or fraudulently misapply or damage any military equipments, provisions, or stores, belonging to the Militia force, or be concerned in, or connive at such embezzlement, fraudulent misapplication or damage, may be tried for the same by a General Court Martial, which may adjudge any such offender to be cashiered, and to suffer such other punish- Misapplication ment as such Court shall think fit, according to the nature and degree of the offence; and every such offender shall, in addition to any other punishment, make good, at his own expense, the loss and damage sustained, which shall be ascertained by such Court Martial; and the loss and damage so ascertained shall be recovered in manner hereinafter directed.
Record of proceedings to be kept.
Under whose care all buildings and Military equipments, &c., are to be placed.
of same, how punished.
XXX. That any non-commissioned officer or private of the Militia who shall embezzle, misuse, injure, or negligently lose, or who shall wilfully suffer to be misused or injured, any military equipments furnished to him, or shall carry away, or suffer to be carried away, from the island on which he may be enrolled, any such military equipments, except in obedience to lawful orders to that effect, he shall be liable to pay treble the original cost of the article or articles so misused or injured, lost, or carried away, as aforesaid, to be recovered, with costs, before any magistrate in a summary way; and any person who shall buy any such military equipments, knowing the same to be such, either at public or private sale, shall forfeit the sum of ten pounds, to be recovered with costs in manner hereinafter directed; and any person with whom any such military equipments may be deposited for sale is hereby required to deliver the same to the proper person authorized to take charge of such military equipments, otherwise he shall be Penalty for deemed to be the purchaser thereof; and it shall be the duty of the buying militia person having charge of the military equipments as aforesaid, to arms. cause all offenders in the premises to be proceeded against in manner aforesaid.
Abuse of arms, &c., how pun
Militia men not to leave the Colony without de
XXXI. That it shall not be lawful for any person liable to do duty in the Militia, to whom military equipments appertaining to the said Militia shall have been issued, to leave this colony without having delivered up all such military equipments to the proper person anthorized to receive the same, under a penalty of five arms, &c. pounds, to be recovered before a magistrate in a same manner and it shall be the duty of such person, on the receipt of such military equipments, to give a certificate of such delivery.
XXXIII. That it shall be the duty of the corporals of the
No. 2. Clauses of Ord. No. 5, 1859, which apply to Rifle Corps.
Maintenance of wounded inen.
Militia rules in force.
Misconduct, how punished.
How summonses to be delivered.
The President may remit fines, &c.
Persons sued may plead the general issue.
several companies to summon the men belonging to their respective companies to attend all general musters, drills, patrolling parties, or other duty; and any corporal neglecting to summon any man upon his muster-roll, shall be subject to the same fine as such man would have been subject to if he had been duly summoned and had made default in attending; which fine shall be recovered as other fines from defaulters: Provided always, that nothing herein contained shall extend, or be construed to extend, to prevent any officer, or non-commissioned officer, or any private acting under the orders of any officer, or non-commissioned officer, from summoning the men of the company to which such officer, or non-commissioned officer shall belong, to attend any such parade, general muster, review, drill, company muster, or patrolling party; or to perform such other duty as aforesaid.
XXXVII. That any indigent non-commissioned officer or private, who shall be wounded or disabled in defence of the colony, shall be maintained at the public expense, so long as he shall continue disabled.
XXXIX. That all other matters which relate to the discipline of the Militia, the rank of officers, and the proceedings of Courts Martial, shall be regulated, as nearly as may be, according to the rules and discipline of the British army.
XL. That all violations of this Ordinance, all scandalous conduct in officers of Militia, and all offences to the prejudice of order and discipline, whether in officers, non-commissioned officers, or privates, shall be taken cognizance of and punished by sentence of a General or Regimental Court Martial, according to the nature and degree of the offence, and as nearly as may be according to the articles of war; provided, however, that in no case shall it be lawful for any such Court Martial to sentence to corporal punishment.
XLIV. That all summonses directed by this Ordinance to be given, may be given either verbally or in writing, and, if in writing, may be left at the usual place of abode of the party summoned, with any person there found; or affixed to the door, or on some other part, either inside or outside of the house, in which such party shall usually reside; and in any proceeding for non-obedience to any such summons, it shall be sufficient for the party complainant to prove the service of such summons, in one or other of the ways aforesaid, and the burthen of all other proof shall lie in the party defendant.
XLV. That the President shall be, and he is hereby empowered at his discretion to remit the whole or any portion of any fine, penalty, or forfeiture incurred under the provisions of this Ordi
XLVII. That if any person shall be sued for anything done by virtue of this Ordinance, it shall be lawful for such person to plead the general issue, and give this Ordinance and the special matter in evidence; and if judgment be given for the defendant, or the plaintiff be nonsuited, or his suit be discontinued or abated, such defendant shall be entitled to double costs.
CLASS I.-TITLES TO LAND.
CLASS II. REGISTRATION OF DEEDS.
CLASS III.-QUIT RENTS.
CLASS IV.-WALLS AND FENCES.
CLASS V.-SALE OF PARSONAGE HOUSE.
TITLES TO LAND.
No. 1.-ORDINANCE No. 8 of 1855.
An Ordinance for the better assuring Lands, Tenements, and Heredita- Ord. No. 8, ments within the said Islands. (Passed 24th Oct. 1855. Confirmed 14th July, 1856.)
HEREAS an Ordinance No. 6 of 1854, which passed the PREAMBLE. Legislative Council of these Islands on the seventeenth day of October, one thousand eight hundred and fifty-four, entitled "An Ordinance for the better assuring Lands, Tenements, and Hereditaments within the said Islands," has been found to contain two sections objectionable in reference to the me allowed for the purposes therein mentioned; and it is expedient that a similar Ordinance should be enacted free from the objections adverted to. And whereas from the period of the first settlement of these islands, the usual tenure of land within the Turks Islands was that of occupancy, under a license from the Chief Magistrate called the King's Commander; and the majority of the present occupiers of such lands have no fee simple in the same. And whereas many persons having expended large sums of money in the improvements of such lands, and have been permitted by the Crown to continue in undisturbed possession of the same, and have, from time to time, conveyed such land to third parties and their heirs, without having any legal right or title to the same. And whereas, it would remove the many inconveniences and evils which arise from such an uncertain tenure of land, and would tend to increase the value of real estate if the parties occupying lands as aforesaid were enabled to obtain, at a reasonable charge, an indefeasible estate of inheritance in fee simple in such lands and tenements; May it therefore please the Queen's Most Excellent Majesty that it may be ordained by his Honour James Misick, Esquire, Senior Member of Council, administering the Government of the Turks and Caicos
No. 1. Ord. No. 8,
Claimants of land by occupancy may obtain grants
in fee simple.
How grants are to be obtained.
Petition for grant to be filed in the office of the Clerk of the Crown.
Public notice to be given thereof.
Caveat may be filed.
Question of title to be adjudicated in the Supreme Court.
Islands, and the Legislative Council of the said islands, under the supervision of the Captain-General and Governor-in-Chief in and over the Island of Jamaica; and it is hereby ordained by the authority of the same:
I. That all persons, who, prior to the separation of these islands from the Bahama Government, occupied, or claimed to be the owner by occupancy, of any land within the Turks Islands, or whose claim may be derived from any one so occupying any land at the said period, may, in the manner hereinafter mentioned, apply for a grant in fee simple for the same.
II. That every person desirous of obtaining grants in fee simple for lands so owned or occupied by him as aforesaid, shall file in the office of the Clerk of the Crown a petition in writing according to the form contained in the Schedule to this Ordinance annexed, praying that a grant may be issued to him under the seal of the colony, by which an estate in fee simple in the same may be conveyed to him: Provided always, that all such petitions shall be filed within twelve months from the period of the Proclamation in these islands of the allowance of this Ordinance by Her Majesty.*
III. That upon receipt of such petition, it shall be the duty of the Clerk of the Crown to file the same, and to indorse thereon the date of its receipt, and the said petition to number. And it shall also be the duty of the said Clerk of the Crown to keep a proper book, entitled "Petitions for grants of Land," in which he shall enter the number of each petition in numerical order, the date of its receipt, the name of the petitioner, and a description of the land claimed.
IV. That within thirty days after the filing of such petition, the Clerk of the Crown shall publish, or cause to be published in the Government newspaper of the colony, for three consecutive weeks, a notice of such petition having been filed, describing as in such petition, the land applied for or claimed.
V. That it shall be lawful for the Queen's Advocate, at the instance of the Crown Surveyor on behalf of the Crown, and for any other person in his own behalf, either by himself, his agent, attorney, or counsel, to file in the office of the Clerk of the Crown a caveat against the prayer of the petitioner, stating the grounds thereof: Provided always that in all cases where a caveat is filed, the same shall be entered within twelve months from the date of the first publication of the notice of the petition for such land.
VI. That whenever any caveat shall be filed as aforesaid, the party filing the caveat or the party petitioning for the land may bring the question of title before the Supreme Court of these islands for decision. And either of such parties may cause such question to be decided by giving ten days' notice to the opposite party of his intention so to do. And such parties shall cause the particular grounds of their claims respectively to be set forth in writing; and the same to be filed in the office of the Clerk of the Crown at least seven days before the sitting of the Court. And if after such notice either party shall neglect or refuse to attend at the Court, or to set forth in writing the grounds of his claim, the case may be heard ex parte, and be determined according to the merits of such case.
VII. That if in any case a disputed question of fact should * Proviso 2 is repealed by Ordinance No. 2 of 1856.