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FORM OF CAVEAT. Ord. No. 8, Turks and Caicos Islands. 1855.
18 A. B. of
hereby opposes the prayer of the petition of C. D. of
for à grant of the lot described in the petition of the said C. D., No. on the ground that (state ground of caveat).
Wherefore the said A. B. prays (as the case may be).
on the first day of June, 1857.
No. 2. Ord. No. 2,
No. 2.-ORDINANCE No. 2 of 1856.
ing Lands, Tenements, and Hereditaments within these Islands.
(Passed 2nd July, 1855. Confirmed 14th July, 1856.) This Ordinance repeals the second proviso in Ordinance No. 8 of 1855, sect. 2, which was as follows : “ Provided nevertheless that whenever any person shall come into the possession of any land so occupied as aforesaid after the period herein allowed for making a claim thereto, such person may, within twelve months after having so come into possession, make application to the President for permission to file a claim in manner herein directed, and such permission may be granted at the discretion of the President.
No. 3.-ORDINANCE No. 8 of 1857.
No. 3. Ord. No. 8,
An Ordinance to authorize Aliens to hold Houses, Lands, Salinas, and
Salt-ponds under Lease within these Islands. (Passed 17th
Oct., 1857. Confirmed 13th Feb., 1858.)
hold houses, lands, salinas, and salt-ponds within these islands, under lease for a term of years; May it, &c.
I. That it shall be lawful for aliens to hold houses, lands, salinas, and salt-ponds situated within these islands, upon lease for a term of years not to exceed twenty-one years, and during such term such aliens, as regards the said houses, lands, salinas, and salt ponds, so leased as aforesaid, shall have and enjoy within these islands all the rights and privileges of naturalized British subjects: Provided that nothing hereinbefore contained shall be construed to prevent a further lease between the parties at the expiration of the said term of twenty-one years of the houses, lands, salinas, and salt-ponds so leased as aforesaid.
II. And whereas it is expedient that any alien to whom any such lease may have heretofore been made for any houses, lands, salinas, and salt-ponds within these islands should possess the rights and privileges hereinbefore mentioned: Be it further or
Lease may be extended.
dained, That any alien to whom any such lease may have been No. 3. made for a term of years not exceeding twenty-one years, shall Ord. No. 8, within these islands possess and enjoy all the privileges of natural- 1857. ized British subjects, so far as regards such houses, lands, saltponds, or salinas so leased as aforesaid.
III. That the provisions hereinbefore contained shall be held Ordinance not and taken not to apply to the salinas and salt-ponds at Turks to apply to Islands, nor to permit any alien to purchase salt-ponds or salinas salt-ponds at
Turks Islands. at these islands at any public auction or sale of such salinas or salt-ponds.
writ of pos
No. 4.-ORDINANCE No. 9 of 1857.
Ord. No. 9, An Ordinance to provide for the Improvement of the Spaces in Front 1857.
of the Towns in the Turks Islands. (Passed 17th Oct., 1857.
Confirmed 13th Feb., 1858.) W THEREAS in and by Ordinance No. 8 of 1855, for the better PreamBLE.
assuring lands, tenements, and hereditaments within these islands, provision is made for deciding disputed claims to land, and it is expedient that further provision be made for putting parties, in whom the rightful title under the said Ordinance is adjudged to When any be, in possession of such land; May it, &c.
disputed quesI. That whenever any decision as to the title to land shall have tion of title is been made according to the Ordinance aforesaid, the party adjudged settled, the to be entitled thereto shall be at liberty to sue out a writ of pos
ing may have session in like manner as may be done after judgment in an action of ejectment.
session. II. And whereas divers persons have put in claims under Ordi- Provisions nance No. 8 of 1855, for certain bay lots having sea boundaries, respecting which said lots have been improved by the erection of piers and frontage lots abutments, and upon some of which buildings have been erected; under Ord. No.
petitioned for and whereas it is expedient that while the parties so claiming as 8, 1855. aforesaid should not be disturbed in their possession, provision should at the same time be made for permitting the owners of town lots bounding on Queen Street in the town of Grand Cay, to improve the spaces immediately in front of such lots, under the restrictions hereinafter mentioned ; Be it, &c., That all persons who have improved the bay lots hereinbefore referred to, in manner aforesaid, and who have petitioned for grants in fee simple for the same under Ordinance No. 8 of 1855, shall, by virtue of this present Ordinance, be entitled to such grants in fee simple for such lots as aforesaid, upon payment of such fees as may be payable under the said Ordinance No. 8 of 1855: Provided always, that wherever any building shall have been already erected on such bay lots, the proprietors of the same may, from time to time, repair such buildings, but no further or other buildings whatsoever shall at any time be erected on such lots; nor shall any ever be built on those No other buildlots hereinbefore referred to where none have yet been erected; ings to be and if contrary to the express intent and meaning
of this Ordinance erected than,
those already any buildings are hereafter erected on any bay lots whatsoever for which under this Ordinance grants in fee simple may or shall be obtained, the owner of the lot on which any building shall be
No. 4. erected shall be liable to be proceeded against as for a public Ord. No. 9, nuisance, and on conviction, such building shall be removed at the 1857.
expense of the party offending.
III. That all persons who may have petitioned for grants in fee Persons claiming such bay
simple for the bay lots hereinbefore mentioned under Ordinance lots to take No. 8 of 1855, shall derive such title under and by virtue of this under this Ordinance, and of none other, anything contained in the said OrdiOrdinance.
nance No. 8 of 1855 to the contrary notwithstanding. Owners of IV. And whereas it would much tend to the improvement of the town lots
bay of the town at Grand Cay aforesaid, and to the convenience of
its inhabitants, if the vacant spaces lying between the front of the abutments on the lots in town and low-water mark were properly faced with strong and suffront of the ficient walls and abutments: Be it further ordained that it shall town and
be lawful for the owners of the several town lots in front opposite to
of the town aforesaid, at any time within five years next after the the lots in the front street,
publication of this Ordinance, to fill up the vacant spaces of ground lying in front of their respective lots, and to erect abutments thereon, and to extend the same to low-water mark, or so much further as such owner may think fit, and to build wharves and to erect shears or cranes for landing goods thereon: Provided that where a road exists, a space of twenty feet shall be left on the east
side of such spaces so built up for such public road. Space opposite V. That where any road or alley running to the sea may be to any road opposite to any such vacant space, the proprietor of the lots on leading to the
each side of such road may unite and build in front of such road, sea may be
but the space in front thereof shall ever remain public property: No building Provided always that it shall not be lawful to erect any house, outto te erected house, warehouse, storehouse, or shed upon the same, and that if on any bay lot. any person shall erect any house, shed, or building whatsoever
upon any such abutment, the same may be taken down or removed by the Crown Surveyor, at the expense of the party who may have
erected the same. Title in fee VI. That it shall be lawful for the Crown Surveyor, and he is simple, how
hereby authorized and required within three months after any such obtained.
abutment shall be completed, and at the request of the owner of the lot in front of which the same may be situate, to grant a certificate thereof in writing, which certificate being duly proved and registered in the office of the Registrar of these islands, shall convey to the owner of every such lot a title to the abutment and
premises in front of the same in fee simple. Abutments to VII. That every person who shall become the proprietor of any be kept in abutment, for which titles in fee simple shall have been obtained repair. under this Ordinance, shall be required to keep the same in repair,
and if such repair shall be neglected after notice given to such proprietor by the Crown Surveyor of these islands, it shall be lawful for such Crown Surveyor to have such repairs effected at the expense of such proprietor, and the amount expended in such re
pairs may be recovered by action at law. This Ordinance VIII. That the several provisions herein shall be applicable to to apply to
the improvements made or to be made at the island of Salt Cay, by Salt Cay.
erecting piers or abutments on lots having water boundaries, as much as if the town at the said island had been named in connec
tion with such provision respectively. Grants of
IX. And whereas some doubts exist, whether grants of land Land from any from any Governor of the Bahamas, which were from time to time given to divers inhabitants of these islands prior to the separation No. 4. of the same from the Bahama government are good and valid, and Ord. No.9, it is expedient that all such doubts should be put at rest : Be it 1857. therefore further ordained that all parties holding lands at these islands under any grant from any Governor of the Bahamas dated declared to be prior to the separation aforesaid, shall be held and taken to be good valid. and valid to all intents and purposes.
REGISTRY OF DEEDS, &c.
Deed, to convey and alien the Plantations, Lands, and Tene- Hobs G. 3,
and being within the Bahama Islands. (Dec. 28th, 1810.) CHEREAS it will tend much to the benefit and advantage of PREAMBLE.
the inhabitants of these islands, if husband and wife are enabled and authorized to convey and alien, by deed, the lands, tenements, hereditaments, and real estates whereof the husband and wife may be seized in right of the wife; or whereof the husband and wife may be jointly seized; May it, &c., That from and after Conveyances the passing of this Act, any deed or deeds, in due form of law, by Deed by made and executed by the husband and wife, of the plantations, husband and lands, and tenements of the wife, lying and being within the Bahama
of wife valid, Islands ; or of any plantations, lands, and tenements within the if executed same, whereof the husband and wife were seized in right of the with certain wife; or whereof the husband and wife were jointly seized; and formalities. acknowledged before any one of His Majesty's Justices of the Courts of King's Bench and Common Pleas in England and Ireland, or of the Court of Session in Scotland, or the Sheriff depute of any county in Scotland, or of any of the Judges of the Superior Courts in any of His Majesty's colonies or dominions, shall, to all intents and purposes, be as effectual and valid in law, to pass all the estate, right, title, interest, and claim of the party or parties, and of each of them, to such deed or deeds, in, or to all, or any, the plantation or plantations, lands, tenements, hereditaments, and appurtenances, by such deed or deeds granted, conveyed, or made over, or thereby intended to be granted, conveyed, or made over to the person or persons, bargainee or bargainees, grantee or grantees, in the said deed or deeds mentioned, their heirs and assigns for ever; to whom, or to whose use, any estate in such plantation or plantations, lands, tenements, hereditaments, and appurtenances, is by the said deed or deeds limited, bargained, sold, granted, or conveyed, according to the several limitations in the said deed or deeds contained, as if the party or parties to the said deed or deeds from whom the interest moves had levied a fine or fines with proclamations, or suffered a common recovery or recoveries of such plantation or plantations, lands, tenements, hereditaments, and appurteDances in any of His Majesty's Courts of Record at Westminster, or within these islands, and duly executed deeds, leading the uses of such fine or fines, or declaring the uses of such recovery or re
No. 1. coveries to be to such bargainee or bargainees, grantee or grantees, Act 51 G. 3, their heirs and assigns for ever; to whom, or to whose use, such
plantation or plantations, lands, tenements, hereditaments, and appurtenances are, by the deed or deeds so to be executed and acknowledged as is above mentioned, limited and conveyed; or that the same and every part thereof had been bargained, sold, conveyed, or set over, by any, the firmest deed or deeds, conveyance or con
veyances, assurance or assurances, in the law, that could be advised Proviso. or devised by council learned therein : Provided always, neverthe
less, that the wife, who is a party to any such deed or deeds, be of full age at the time of the execution thereof, and be privately and apart examined before the Judge or Sheriff depute, before whom such deed or deeds is, or are acknowledged ; and doth declare that she executed the same freely, voluntarily, and without fear, dread, or compulsion of her said husband : And provided also, that the acknowledgment of the execution of such deed or deeds by the party or parties executing the same, and the examination of the wife, shall be indorsed on such deed or deeds, and subscribed by the Judge or Sheriff depute, before whom they are taken.*
No. 2. Act 2 G. 4,
No. 2.—2 Geo. 4, ch. 32. An Act concerning certain Probates of
Deeds in the United States of America, and to suspend an Act
therein mentioned. (Jan. 23rd, 1822.) THEREAS it is expedient that deeds executed or witnessed
by persons resident in the United States of America should be capable of being proved and recorded without the actual presence in these islands of the persons so having executed or witnessed the same; Be it, &c., That when it shall be duly certified that any conveyance, gift, grant, bargain, sale, assignment, release, mortgage, letter of attorney, or other deed whatsoever, under seal, has been acknowledged by the person or persons who executed the same, or proved by one of the subscribing witnesses thereto, under oath, or by affirmation where the witness is a Quaker, before His Majesty's Consul-General in and for the said United States, or any other Consul or Vice-Consul of His Majesty residing in the said United States, or territories thereunto belonging, or before one of the Judges of the Supreme Court of the said United States, or before the Chief Justice of any one of the said States, or before a notary public duly commissioned, and acting as such in any of the said States or territories thereunto belonging, such conveyance, gift, grant, bargain, sale, assignment, release, mortgage, letter of attorney, or other deed, may lawfully be recorded in the office of the secretary of these islands, upon the production thereof, accompanied with such certificate as aforesaid ; and any deed so recorded, or the record thereof, or any copy of the record thereof, certified under the hand of the said secretary or his lawful deputy, shall be allowed and received as evidence in any Court of Law or Equity within these islands, in as full and ample a manner as if the said
* By 5 Wm. 4, c. 24, ante, part 2, class 4, No. 4, the Justices of the General Court are authorized to appoint Commissioners on the Out-islands for the better carrying into effect the provisions of this Act.