where tracts of land are so held, the same shall be computed ac- XVI. That in all cases where a levy for quit rent in arrear shall be made under the authority of this Act, and there shall not be found sufficient goods and chattels, or where such quit rent being in arrear, no goods or chattels whatever are found to levy on, it shall be the duty of the officer entitled to the receipt thereof to give notice to the owner of the land in question, or, in his absence, to his agent or attorney; or if there be no known agent or attorney, then to publish such notice in one of the public newspapers of the colony of his intention to apply to the Supreme Court to obtain the sale of the said land. XVII. That it shall be lawful for such officer, and he is hereby required, at the expiration of six weeks from the date of such notice as last aforesaid, to present a petition to the Supreme Court, praying the said Court to order the sale of the land in respect of which such quit rent is in arrear, which petition being presented, in term time to the said Court, it shall be lawful for the said Court, upon being satisfied of the proper service of the said notice, and of the non-payment of the quit rent due on the land mentioned in such notice, to grant an order for the sale of such land, directed to the Provost Marshal of these islands. XVIII. That upon receipt of any such order as aforesaid, it shall be the duty of the Provost Marshal to advertise the land mentioned in such order for sale in some one of the public newspapers of the colony, for the space of at least thirty days, and upon the day named in such advertisement such land shall be put up at public auction, at an upset price, equal in amount to the rent in arrear, and the amount which would be payable as commutation money in respect of such land, according to the rates before mentioned, as also of the expenses attending the sale, and the said land shall be sold to the highest bidder beyond such upset price; but if there shall be no bid made thereon at such sale, then such land shall be bought in at such upset price, in the name of the Surveyor-General of Lands, in trust, for the use of the colony. XIX. That upon the sale or buying in as aforesaid of any lot of land so sold as aforesaid, a conveyance shall be executed in favour of the purchaser, or of the Surveyor-General, as the case may be, according to Form B in the Schedule to this Act contained, and such land shall for ever thereafter be held free from the tenure of quit rent, and the rights of all parties previously entitled thereto shall be absolutely barred. XX. That in all cases where lands are sold under the preceding provisions of this Act, the Provost Marshal shall forthwith pay the amount of such sales, after deducting the expenses attending the same, to the proper officer appointed to receive the same, who shall, after retaining the amount of quit rent due on the land, and an amount or commutation of future rents according to the sale hereinbefore contained, pay the residue into the Public Bank of the colony, No. 1. Act 9 Vic. c. 10. Mode of obtaining Money lodged in Public Bank under this Act. Duty of Surveyor-General of land-his fee. Secretary of the Colony to record receipts and conveyances on payment of usual fees. Receiver General to be the proper officer to receive Quit Rents, &c., at the expiration of two years. Appropriation of moneys. Penalty on neglect of duty. to the credit of an account to be opened in the books of the said Bank, under the head of "Unclaimed Proceeds of Sales of Lands;" and all moneys so paid into the said bank shall be at interest at the rate of four-and-a-half per cent. per annum, until claimed and ordered to be paid out in manner hereinafter mentioned. XXI. That it shall be lawful for any person entitled to any moneys paid into the Public Bank as aforesaid, to apply by petition to the President in Council, who, upon being satisfied of the right of the applicant to the same, shall grant an order on the cashier of the said bank for the payment of the same, and such money, together with all interest due thereon, shall thereupon be forthwith paid in obedience to such order. XXII. That the Surveyor-General of Lands shall keep in his office a separate book, in which shall be recorded plats of all lands upon which quit rents have been commuted, or which shall have been sold under the provisions of this Act, and he shall be entitled to have and receive for every plat so recorded a fee of Three shillings, which shall be in full of all other fees, except fees payable to a deputy surveyor, when the service of any such deputy surveyor shall be required; and such fee shall be paid by the party commuting the rent, or in case of a sale for non-payment of quit rent, out of the proceeds of the land sold. XXIII. That the Secretary of the colony shall keep a separate book in his office, properly indexed, for recording all receipts and conveyances made under the authority of his Act; and the parties in whose favour any such receipts are given, or conveyances made, shall be entitled to have the same recorded therein on payment of the usual fees. XXIV. That for two years next after the commencement of this Act, the Receiver-General of Quit Rents shall be the proper officer for collecting and receiving all moneys payable under the authority of this Act, and for granting receipts and executing conveyances thereunder; and he shall be entitled to charge, on the receipt of all such moneys, a commission of ten per centum; after deducting which commission he shall pay the residue quarterly over to the ReceiverGeneral and Treasurer of the colony; and from and after the expiration of the said term of two years, the Receiver-General and Treasurer of the colony shall be the proper officer for receiving and collecting all such moneys, and for granting receipts and executing conveyances as aforesaid. XXV. That all moneys paid to the Receiver-General and Treasurer of the Colony, under the authority of this Act, shall be appropriated and applied to the support of the Government of the colony, in such manner as may be specially authorized by any Act or Acts of the General Assembly of these islands. XXVI. That any person who, by the preceding provisions of this Act, is required to do or perform any act, matter, or thing, requisite for effectually carrying out the provisions of this Act, and shall neglect or refuse to perform the same, every such person shall be liable for any such neglect or refusal to forfeit and pay such fine, not exceeding the sum of Fifty pounds, as the Court before whom such person shall be convicted of such neglect or refusal shall, in its discretion, order and direct; all which fines shall be paid into the Public Treasury of these islands, and applied in aid of the support of the Government of the colony. No. 1. XXVII. That if any person acting under the authority of this Act shall be sued for anything done in pursuance of this Act, the Act 9 Vic. defendant may plead the general issue, and give this Act and the special matter in evidence under that plea. c. 10. XXVIII. That every word in this Act importing the singular number only, shall extend and be applied to several persons and things as well as one person or thing, and bodies corporate as well as individuals; and every word importing the plural number shall extend and be applied to one person or thing as well as several persons and things; and every word importing the masculine gender only shall extend and be applied to a female as well as a male. XXIX. That so much of an Act passed in the forty-third year of Repeals 43 G. 3. the reign of King George the Third, entitled, "An Act for the better establishing and collecting Her Majesty's Quit Rents," as regulates the manner in which arrears of quit rents shall be levied for, shall be, and the same is hereby repealed. XXX. That this Act shall commence and take effect upon Her Majesty's assent thereto being notified in the colony, and not sooner.* a lot (or tract) of land situate in the island of which lot (or tract) was originally granted, by letters patent, under the Great Seal of the colony, bearing date the A.D. day of to C. D. (or is part of a lot or tract originally granted, &c.) and has the boundaries following, that is to say: (here insert boundaries) as appears by a plat hereunto annexed, drawn by the Surveyor-General of Lands, and dated the day of 18 A. D. 18 E. F. This Indenture, made the in pursuance of an Act passed in the ninth year of the reign of Her Majesty Queen Victoria, entitled (here insert title of this Act), between E. F., Receiver-General of Quit Rents (or Receiver-General and Treasurer, as the case may be), of the one part, and G. H., of the island of Esquire (or Surveyor-General of Lands for the said islands, as the case may be), of the other part. day of Whereas, in and by an order of the Supreme Court of the Turks and Caicos Islands, made the A.D. 18 the land hereinafter mentioned and described, and hereby intended to be conveyed, was directed to be sold for non-payment of certain quit rents due thereon; and whereas, in obedience to the said order, and in conformity with the provisions of the before-mentioned Act of * Her Majesty's assent was given to this Act by Order in Council, dated 26th September, 1846, and notified in the Colony on the 10th November, 1846. No. 1. Act 9 Vic. c. 10. Assembly, the said land was, on the day of, last past, put up at public auction at an upset price of £ E. F. CLASS IV. No. 1. Act 4 W. 4, c. 2. PREAMBLE. Adjacent proprietors to assist in erecting division walls, &c. Penalty for refusal. WALLS AND FENCES. No. 1.-4 Wm. 4, ch. 2. An Act for regulating the Making and Repairing of Division Walls or Fences in the several Islands therein mentioned. (Nov. 12th, 1833.) W HEREAS it is necessary that provision should be made for enforcing the making and repairing of division or partition walls or fences; May it, &c., That it shall and may be lawful for the proprietor or proprietors, or any other person in possession, by authority of the proprietor or proprietors of any tract or tracts of land, to require the proprietor or proprietors of any adjacent tract or tracts of land, or his, her, or their tenant, agent, attorney, or other person or persons in possession of the same, to assist in a fair and equitable proportion to make or repair division walls or fences between such tracts of land. II. That if any such proprietor or proprietors, or his, her, or their tenant, attorney, or other person or persons in possession, as aforesaid, shall neglect or refuse to comply with such requisition, it shall and may be lawful for any Justice of the Peace for the district, upon application to him made for that purpose, to grant a warrant precept, directed to any three indifferent freeholders of the district, commanding them to view the premises, and to make a report, in writing, to such Justice respecting the property of such wall or fence, and what kind of wall or fence will be most proper for the situation of the premises, or what repairs will be necessary, if there be an old insufficient wall or fence; which report having been made, it shall and may be lawful for the person or persons c. 2. who shall have made such requisition and application to proceed No. 1. under the order of such Justice, in laying out, making or repairing Act 4 W. 4, such walls or fences, agreeably to the report of such freeholders; and when the same shall be completed, the same freeholders, or any other indifferent freeholders of the district, shall, in like manner, be summoned to fix the price of the same, and to consider and make a report, in writing, to such Justice, respecting the particular convenience which such wall or fence may be of to the parties respectively; and if the same should be found more advantageous to one party than to the other, then, that such freeholders shall apportion the expenses thereof accordingly; and if either of the parties shall neglect or refuse to pay his, her, or their proportion of such price or expense, it shall and may be lawful for the Justice to grant a warrant for levying the same by distress and sale of the defaulter's good and chattels, in the same manner as goods are liable to be distrained according to law, for the rent of lands or tenements in arrear and unpaid. III. That if any freeholder so summoned to attend shall neglect or refuse so to do, he shall forfeit and pay the sum of six pounds, unless he shall assign a reasonable excuse, upon oath, for such neglect, to the satisfaction of the said Justice or Commissioner, which penalty shall be recovered before the said Justice, or any other of His Majesty's Justices of the Peace; and it shall and may be lawful for the said Justice, or such other Justices, as aforesaid, to cause the same to be levied and made by public sale of the goods and chattels of the said offender by warrant of distress, addressed to any bailiff or constable, or other person or persons in such warrant to be specially therein named, and thereby appointed for the execution of the same. IV. Persons sued for anything done, in pursuance of this Act, may plead the general issue, and give the special matter in evidence; and, on verdict for defendant, or nonsuit of plaintiff entitled to treble costs. V. Duration, ten years.* No. 2.-2 Vic. ch. 10. An Act to extend the provisions of 4 Wm. 4, ch. 2, to certain other Islands within this Government. (Feb. 14th, 1839.) THAT THAT from and after the passing hereof, and for and during the continuance of the Act hereinbefore recited, within each and every of the islands and districts of this Government, in which no provision has already been by law made, for the regulation of boundary walls or fences; all and sundry the provisions contained in the before-recited Act of the Fourth William the Fourth, chapter two, and every matter and thing therein contained, shall have the full force and effect of law; and all powers exercised thereunder shall be as valid, to all intents and purposes, as if each of the said islands or districts had in the said Act been respectively named, anything in the said Act contained to the contrary notwithstanding.* * By 7 Vic. c. 12, passed on the 9th January, 1844, these Acts are continued in force for ten years from that day, and from thence to the end of the then next Session of Assembly. By Ordinance No. 2 of 1857, these Acts are in force for five years from 6th November, 1857. Six pounds, of freeholders. |