Page images
PDF
EPUB
[ocr errors]

c. 6.

v time brought on any of the aforesaid bonds No. 9.

of this Act, unless such suit shall be com- Act 2 Vic,

ter the date of such bond respectively; ss, that nothing herein contained is instrued to preclude any person or persons ing period

Proviso, limita action of Assumpsit, or other action against within which ur vendue masters, his or their executors or ad- Bond may be he proceeds or balance of any sale which may be put in suit. sold by, or property lodged in the hands of such r or vendue masters after the aforesaid period. at no person, whomsoever, who is not a British subject, No Foreigner igner duly naturalized, agreeably to an Act of Parliament to vend goods, and passed in the thirteenth year of the reign of his late &c., at auction,

unless duly vesty King George the Second, entitled, “ An Act for Natu- naturalized. alizing such Foreign Protestants and others therein mentioned as Imparlance are settled or may settle in any of His Majesty's Plantations in not allowed in America," shall presume to dispose of any property, merchandise, Vendue suits. or effects whatsoever, at public auction within these islands, for any person or persons whomsoever, on pain of three months' imprisonment, and forfeiting his goods and chattels.

XXI. That when any action shall be commenced against any Purchasers of vendue master or vendue masters for the proceeds of any goods and lands, &c., not effects sold by him or them at auction as vendue masters, or by any paying for vendue master or vendue masters against any person or persons

same, to pay

six per cent. being the purchaser or purchasers of any goods, wares, merchandise, interest until or other effects sold at auction, as aforesaid, such vendue master or same is paid vendue masters, person or persons, as aforesaid, respectively, being for. defendants, shall not be entitled to any imparlance in action, or stay of execution on judgment, whether such execution be issued against lands or personal property ; nor shall the trial thereof be put off after such suit is at issue at any one term of the Court in which the same may be brought, unless sufficient cause can be shown to the satisfaction of the Court.

XXII. That when any person shall become the highest bidder at public auction for any lands, goods, property, or other effects there exposed for sale, and shall not, within forty-eight hours (if no limited period be fixed for payment, or at the expiration of the period fixed for payment if sold at a credit), pay for the same, then, and in every such case, it shall and may be lawful for the vendue master or vendue masters selling or disposing of such lands, goods, property, or other effects, to charge against, receive, and recover from the person or persons purchasing the same, interest at and after the rate of six per centum per annum for such time as the purchase-money of such lands, goods, property, and other effects, or any part of such purchase-money shall be and remain in arrear and unpaid : Provided always, that when any lands, goods, property, Proviso. or other effects are exposed to sale at a credit, with any conditions Purchasers not annexed to such credit, and the person or persons becoming the settling agreehighest bidder or bidders for the same shall refuse to comply with ably to condi

tions of sale, such conditions, then, and in every such case, every such sale shall

how dealt with. be taken and considered to be a cash sale, and interest shall be chargeable and recoverable accordingly.

XXIII. That when any person shall become the highest bidder at public auction for any lands, goods, property, or other effects there exposed to sale, and shall not, within forty-eight hours, pay

[ocr errors]

c. 6.

No. 9. other property to be sold by such Provost Marshal, Marshal of the Act 2 Vic. Court of Vice Admiralty, constable, or other person selling the

same, under judicial process as aforesaid; anything hereinbefore

contained to the contrary notwithstanding. Vendue Mas

XVIII. That the auctioneers or vendue masters, and all other ters to render

persons whomsoever, selling or disposing of any property, merquarterly statements.

chandise, or other effects, at public auction, as vendue masters within these islands, shall render regular statements and accounts of the aforesaid duties respectively every three months, and pay the amount in six months from the date of such returns into the Public Treasury of these islands; and for refusing or neglecting to make and tender such statements and accounts as aforesaid forty days after being required, or for producing a fraudulent account, contrary to the true intent and meaning of this Act, such person so offending shall, upon conviction of every such fraud or neglect, forfeit and pay the sum of Fifty pounds sterling, over and above the duty or tax imposed by this Act, together with the costs of suit; and the Receiver-General and Treasurer is hereby authorized and required, from time to time, to demand a fair account from such

auctioneers, vendue master, or vendue masters, and administer the Oath to be following oath :"., A. B., do swear, upon the Holy Evangelist taken by Ven

of Almighty God, that the account now produced by me is just and due Master.

true, and that I have therein, to the best of my knowledge and belief, stated the full and true amount of the sales of all property, merchandise, and other effects whatsoever sold by me and my copartner or co-partners (naming every such co-partner or co-partners, if any) at public auction, from the

day of

until the day of

and that I have given bond in the sum of Five hundred pounds, previous to my acting as vendue

master, SO HELP ME GOD." Penalty for XIX. That no person or persons shall, after the passing of this selling at auc- Act, presume to dispose of any property, merchandise, or other tion before

effects at auction, within these islands, for any person or persons, giving Bond.

under a penalty of Fifty pounds for every offence, unless he or they shall have first entered into a bond to Her Majesty, with two or

more sufficient sureties, in the sum of Five hundred pounds sterBond and

ling, with the following condition, to wit: “ The condition of the Conditions.

above obligation is such, that if the above-bounden A. B. shall render, upon oath, a true and faithful account of the amount of all property sold by him at public auction to the Receiver-General and Treasurer, according to law, and shall also, when required, lay before the Treasurer, for his inspection, his vendue books, and shall well and truly account for and pay all duties arising from such sales, agreeably to the before-mentioned Act; and moreover, if the said A. B. shall well and truly account for and pay all the duties that shall or may arise from the sales of all goods, wares, and merchandise which are made liable to duty, to the ReceiverGeneral and Treasurer, when thereunto required, then this obligation to be void, otherwise to remain in full force and virtue; which bond shall be taken annually by the Secretary of these islands or his lawful deputy, without fees, who, after having registered the same, shall keep such bond in his custody; and he is hereby authorized and required, should he deem it necessary, to administer an oath to any person offered as surety, by which to ascertain the sufficiency of any surety so offered : Provided always, that no action

[ocr errors]

c. 6.

same,

to

or suit shall be at any time brought on any of the aforesaid bonds No. 9. to be taken in pursuance of this Act, unless such suit shall be com- Act 2 Vic, menced within two years after the date of such bond respectively; And provided nevertheless, that nothing herein contained is intended, or shall be construed to preclude any person or persons ing period

Proviso, limitfrom recovering in an action of Assumpsit, or other action against within which any vendue master or vendue masters, his or their executors or ad- Bond may be ministrators, for the proceeds or balance of any sale which may be put in suit. due for goods sold by, or property lodged in the hands of such vendue master or vendue masters after the aforesaid

period. XX. That no person, whomsoever, who is not a British subject, No Foreigner or a foreigner duly naturalized, agreeably to an Act of Parliament to vend goods, made and passed in the thirteenth year of the reign of his late &c., at auction,

unless duly Majesty King George the Second, entitled, “ An Act for Natu

natural ed. ralizing such Foreign Protestants and others therein mentioned as Imparlance are settled or may settle in any of His Majesty's Plantations in not allowed in America,” shall presume to dispose of any property, merchandise, Vendue suits. or effects whatsoever, at public auction within these islands, for any person or persons whomsoever, on pain of three months' imprisonment, and forfeiting his goods and chattels.

XXI. That when any action shall be commenced against any Purchasers of vendue master or vendue masters for the proceeds of any goods and lands, &c., not effects sold by him or them at auction as vendue masters, or by any paying for vendue master or vendue masters against any person or persons

pay

six per cent. being the purchaser or purchasers of any goods, wares, merchandise, interest until or other effects sold at auction, as aforesaid, such vendue master or same is paid vendue masters, person or persons, as aforesaid, respectively, being for. defendants, shall not be entitled to any imparlance in action, or stay of execution on judgment, whether such execution be issued against lands or personal property; nor shall the trial thereof be put off after such suit is at issue at any one term of the Court in which the same may be brought, unless sufficient cause can be shown to the satisfaction of the Court.

XXII. That when any person shall become the highest bidder at public auction for any lands, goods, property, or other effects there exposed for sale, and shall not, within forty-eight hours (if no limited period be fixed for payment, or at the expiration of the period fixed for payment if sold at a credit), pay for the same, then, and in every such case, it shall and may be lawful for the venduo master or vendue masters selling or disposing of such lands, goods, property, or other effects, to charge against, receive, and recover from the person or persons purchasing the same, interest at and after the rate of six per centum per annum for such time as the purchase-money of such lands, goods, property, and other effects, or any part of such purchase-money shall be and remain in arrear and unpaid : Provided always, that when any lands, goods, property, Proviso. or other effects are exposed to sale at a credit, with any conditions Purchasers not annexed to such credit

, and the person or persons becoming the settling agreehighest bidder or bidders for the same shall refuse to comply with ably to condi

tions of sale, such conditions, then, and in every

such

case, every such sale shall be taken and considered to be a cash sale, and interest shall bo chargeable and recoverable accordingly.

XXIII. That when any person shall become the highest bidder at public auction for any lands, goods, property, or other effects there exposed to sale, and shall not, within forty-eight hours, pay

how dealt with.

No. 9.

for the same, or settle with the vendue master agreeably to the Act 2 Vic. conditions of the sale, in such case it shall and may be lawful for c. 6. such vendue master to take possession of, and expose the same pro

perty and effects to sale at public auction, at any time within six months after, while the goods, property, or effects remain in possession of the vendue master or vendue masters, or of the purchaser or purchasers; and if the said effects or property shall not then bring so much money as was bid for the same at the first sale, the former bidder, failing to comply with the conditions of sale as aforesaid, shall make good the loss, deficiency, or difference in price, with the cost and charges, to be recovered by the vendue master, as other debts due for goods sold at auction on commission are recovered ; and if any vendue master shall have reason to believe that any such property sold at vendue and not paid for is concealed for the purpose of defeating the aforesaid right of such vendue master of taking back the same, and he shall make affidavit to that effect before a Magistrate, he shall thereupon be entitled to have from such Magistrate a search-warrant, addressed to any constable, to search for and restore the same according to the true

intent and meaning of this Act; and that in the mean time the aforeAssessments

said claims of such vendue master on any property so sold at auction and Taxes.

and not paid for shall have precedency of all other liabilities for

house or store rent, or of levies under execution for debt. Fines, how XXXII. That all fines, forfeitures, and penalties imposed by this recovered and Act shall and may be sued for and recovered, with costs of suit, in applied.

any Court having cognizance thereof, by action of debt, bill, plaint, or information, and shall, except in cases wherein the appropriation thereof shall have been otherwise herein provided for, be to the sole use and benefit of such person or persons as may sue or prose

cute for the same. Taxes, how

XXXIII. That all duties and taxes imposed by this Act shall be collected and

collected and received by your Majesty's Receiver-General and appropriated.

Treasurer in and for these islands, and appropriated and applied in such manner only as shall or may be specially directed or appointed by any Act or Acts of the General Assembly of these islands, and not otherwise,

Sections 24 to 31 of this Act apply solely to the Bahamas, and are therefore omitted.

No. 10.9 Vic. ch. 14. An Act to repeal an Act for regulating

No. 10. Act 9 Vic.

c. 14.

the Hawking of Goods, Wares, and Merchandise, and to make

other provisions in relation thereto. (4th March, 1846.) This Act imposes a tax of Two pounds ten shillings per annum upon the taking out of a licence to hawk goods, wares, and merchandise. See sec. 5 and the Act in extenso, ante, Part IV., Class XII., No. 14.

No. 11.--ORDINANCE No. 1 of 1849.

No. 11. Ord. No. 1,

1819.

An Ordinance to regulate the Sale of Spirituous Liquors, Wines, and

other Liquors within the Turks and Caicos Islands. (Passed

14th June, 1819. Confirmed 1st May, 1850.) By sec. 25 of this Ordinance the tax upon taking a licence to retail spirits is fixed at Twenty-five pounds per annum. See the Ordinance ante, Part IV., Class XII., No. 4.

No. 13.-ORDINANCE No. 11 of 1855.

No. 13. An Ordinance to impose a Tax on Dogs. (Passed 30th Oct., 1855. Ord. No. 11,

1855. Confirmed 10th Oct., 1856.) W HEREAS the great increase of dogs in the colony has often PREAMBLE.

proved a nuisance; May it, &c., I. That it shall be the duty of the several paid constables within Constables to the Turks Islands to report, in writing, once in every three months, report names to the Police or Assistant Police Magistrate of the district, in which of persons

owning Dogs. they respectively reside, the names of all persons who own or keep a dog, specifying the number and description of dogs, whether male or female; a copy of such list to be kept at the police-office of the district for public inspection.

II. That every person in whose possession or keeping any dog Tax on Dogs. shall be found, shall be liable to pay annually the following tax, to wit:--for each dog, Four shillings, and for each bitch, Six shillings. And it shall be the duty of the said constables to collect such tax, How collected. and pay the same into the hands of the Police or Assistant Police Magistrate of the district, who is hereby authorized to pay such constables twenty-five per cent. upon all sums so collected by them for their trouble; and the residue of such tax he shall pay quarterly into the Public Treasury in aid of the General Revenue.

III. That if any person liable to pay the said tax shall refuse or In default of neglect to pay the same, within Thirty days after the same has been payment, demanded by any constable, upon proof of such demand made, it shall be lawful for the Police or Assistant Police Magistrate of the district to issue a warrant to levy the said amount upon the goods May be levied and chattels of such person, and in case no goods or chattels can for. be found, to seize such dog, and to dispose of the same as such Magistrate shall direct.

IV. That whenever a report is made by the constables aforesaid, Dogs unclaimed, that there are dogs for whom no claimant can be found, it shall be how disposed of. lawful for the Police or Assistant Police Magistrate of the district to order all such dogs to be destroyed or otherwise disposed of.

V. That if any person shall consider himself aggrieved by any Decision of report of the constables aforesaid, he may appeal to the Police or Police MagisAssistant Police Magistrate of the district, by whom the question trate final. of liability to pay any such tax shall be finally decided. VI. That the several provisions of this Ordinance piay

be tended by the President in Council to any other island or district of the colony, upon application to be made for that purpose by the

OX

« EelmineJätka »