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LAWS

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THE TURKS AND CAICOS ISLANDS..

PART I.

LAWS WHICH DECLARE THE SEPARATION OF THE

TURKS AND CAICOS ISLANDS FROM THE GOVERN-
MENT OF THE BAHAMAS, ESTABLISH A SEPARATE
GOVERNMENT THEREIN, AND DEFINE ITS CONSTI-
TUTION.

No. 1.-Bahama Act, 11 V10. c. 1,

2.-ORDER IN Council, No. 1.
3.-ORDER IN COUNCIL, No. 2.
4.- THE CHARTER.

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PREAMBLE,

No. 1.-ACT OF THE GENERAL ASSEMBLY OF THE No. 1. BAHAMAS. 11 Vic. ch. 1.

Act 11 Vic. An Act to authorize the Separation of the Islands commonly called ..

the Turks Islands, and the other Islands therein mentioned,

from the Bahama Government. (March 22nd, 1848.) W HEREAS, five hundred and twenty-one inhabitants of the PREAMBLE.

Turks Islands, in general meeting, assembled, on the eighteenth day of December last past, did agree to and subscribe a petition, addressed to the Speaker and Members of the House of Assembly of the Bahamas, setting forth: That, in consequence of Referring to the great distance of the Turks Islands from the seat of Govern- Petition of in

habitants of ment, together with the attendant difficulties of intercommunication, and the conflicting interests between those islands and others for a separate in the colony, arising from a difference in their productions, and Government, in the character of their commerce, rendering general legislation inapplicable, and, therefore, in its operation, necessarily unequal; that the petitioners, firmly believing that the only remedy that

Tuks Islands

(1)

No. 1. could be provided for meeting the necessities of their case conAct 11 Vic. sisted in obtaining a local Government at the Turks Islands, sepa

c. 1. rate and distinct from the Government established in the Island of

m New Providence, humbly laid their claims for separation before And reciting Her Majesty; that, in answer to the said application, the pe

titioners had been informed that Her Majesty's Government were prepared to sanction the erecting of the Turks Islands into a distinct Government, upon certain conditions and stipulations to be submitted for the consideration of the House of Assembly, and praying the House would accede to their desire for a separate Government, on such a basis, and upon such a division of the

public debt of the Colony, as might seem proper to Her Majesty's Despatch from Government. And whereas, in and by a Despatch from the Right the Secretary

Honourable Earl Grey, your Majesty's Principal Secretary of State of State for the

for the Colonies, addressed to His Excellency George Benvenuto Colonies, stating the

Mathew, your Majesty's Governor and Commander-in-Chief of principles

these Islands, and by His Excellency laid, during the present upon which

session, before the House of Assembly, it appears that your Her Majesty's

Majesty's Government are favourable to the separation of the said Government will consent to Turks Islands from the Bahama Government, on certain principles the separation and stipulations mentioned and set forth in such despatch, that is of Turks Is to say: That the legislative authority in the said Turks Islands lands from the

the should be intrusted to a President administering the Government, Bahama Go

who should have a casting vote in a council of eight besides himvernment.

self, four of whom should be nominated by the Crown to sit during Her Majesty's pleasure, and four elected by a majority of those of the taxpayers who are able to read and write.

Second. That such a division of the debt of the Bahamas should bo made which would allot to the Turks Islands a portion of the debt, bearing the same proportion to the whole debt which the revenue of the Turks Islands, on an average of the last five years, bears to the whole colonial revenue on a similar average.

Third. A salary of Eight hundred pounds should be assigned from the Turks Islands revenue, for the remuneration of a President administering the Government; and

Fourthly. That the Government of the said Turks Islands should be administered under the superintendence of the Governor of Jamaica.

And whereas, we, your Majesty's dutiful and loyal subjects, the Assembly of the Bahama Islands, from feelings of loyalty and attachment to your Majesty's person and Government, are willing to accede to the separation of the said Turks Islands from the Bahama Government as a measure recommended by your Majesty's Government, and in full reliance that your Majesty's Government will enforce, on the part of the inhabitants of the islands by this Act severed from the Bahama Government, the due payment of the sum of money hereinafter mentioned to be payable by the inhabitants of the said islands as their portion of the debt of the

Colony, with all interest to grow due and accrue thereon ; Enactment, May it therefore please your Majesty, That it may be enacted,

and be it enacted by His Excellency George Benvenuto Mathew, Esquire, Governor and Commander-in-Chief in and over the Bahama Islands, the Legislative Council and Assembly of the said islands, and it is hereby enacted and ordained by the authority of the same, that from and after the commencement of this Act, the Islands of Grand and Salt Cay, together with the small islands and

Caicos to be

cays immediately adjacent thereto, and which, together with the No. 1. said islands of Grand and Salt Cay, are commonly known and Act 11 Vic. designated as “ The Turks Islands," and the islands and cays c. 1. commonly known and designated as the “ Caicos Islands,” together with all banks and cays situate, lying, and being to the eastward portion of the

Defining the of the said Turks Islands, and Caicos Islands, and comprised Bahamas within, or deemed part of, or appertaining to, your Majesty's which, togeBahama Islands, shall cease to be component parts of the Bahama the Government, and all Acts of the General Assembly of the Bahama shall conse to

Turks Islands, Islands in force at the time of the commencement of this Act, save be component and except this Act, and the several Acts hereinafter particularly parts of the designated, shall, from thenceforth, cease to be in force within, or Bahama Go

vernment. have reference to, the said Turks Islands and Caicos Islands.

II. And be it enacted, That the said Turks Islands and Caicos The Turks Islands, from and after the commencement of this Act, shall be Islands here.

after to be subject to the supervision of such other Colonial Government as a

subject to the Her Majesty, her heirs or successors, by any Order in Council for su

supervision of that purpose made and issued, shall order, direct, and appoint. such other Co

lonial Government as Her Majesty in Council may decide; III. And be it enacted, That from and after the commencement The Governof this Act, the Government of the said Turks Islands and Caicos ment of Turks Islands shall be administered by a President to be appointed from

from Islands and time to time by Her Majesty, her heirs and successors, who shall hereafter adhold his office during pleasure.

ministered by a President. IV. And be it enacted, That from and after the commencement Legislative of this Act, the legislative authority in the said Turks Islands authority of and Caicos Islands, shall be vested in the President administering

Turks Islands

and Caicos to the Government, and a Council of eight other persons, four of be ves whom shall be from time to time nominated by Her Majesty, her President and heirs and successors, and shall hold their office during pleasure ; Council of and the other four shall be elected by a majority of the taxpayers eight. of the said Turks Islands and Caicos Islands, who are able to read and write.

V. And be it enacted, That the said four last-mentioned coun- Mode of eleccillors shall be elected in such manner, and for such term of years, tion of four of as Her Majesty, her heirs and successors, from time to time, by the Council, any Order or Orders in Council for that purpose to be made and issued, shall regulate and appoint...

VI. And be it enacted, That the said Council shall be presided Mode of deover by the said President, and that all questions which shall arise ciding questherein shall be decided by a majority of voices of the members tions in Coun. present, other than the said President; and when the voices shall Ch be equal the President shall have the casting vote. VII. And be it enacted, That the legislative and other powers

bon now Her Majesty

in Council to of the said Council shall be regulated and defined in such manner regulate and as Her Majesty, her heirs and successors, by any Order in Council define the to be for that purpose made and issued, shall limit, direct, and powers of the

Council at

Turks Islands. VIII. And be it enacted, That the sum of Eight thousand pounds € be allotted to the said Turks Islands and Caicos Islands, as the of the debt of portion of the now existing debt of the colony, to be borne and the Bahamas, to paid by the inhabitants of the said Turks Islands and Caicos be defrayed by

inhabitants of Islands, which sum of Eight thousand pounds, with interest there- Turks i on at the rate of five per centum per annum, shall be charged upon and Caicos. and made payable out of the general revenue of the said Turks

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$8000, portion

No. 1. Islands and Caicos Islands, and shall have preference of all other payAct 11 Vic. ments which may be charged upon and made payable out of the same. c. 1. IX. And be it enacted, That the said sum of Eight thousand

pounds shall be paid to the Bahama Government, at such date or Periods of payment of princi. dates, in one or more payment or payments, as the proper execupal and interest tive or legislative authorities to be established within the said of debt.

Turks Islands and Caicos Islands shall, from time to time, with the sanction of Her Majesty's Government, regulate and appoint: Provided, that the whole of such sum of Eight thousand pounds be so paid at or before the expiration of sixteen years next after the commencement of this Act: and the interest to grow due on such sum of Eight thousand pounds, or on such part or parts thereof, as shall from time to time remain unpaid, shall be paid quarterly, that is to say, up to the twenty-fourth days of March, June, September, and December, in each and every year, until the final payment of the principal sum, as aforesaid ; and all such payments of principal and interest shall be made into the public

treasury at Nassau free from all deductions or charges whatsoever. £800 salary of X. And be it enacted, That the President administering the President.

Government of the said Turks Islands and Caicos Islands shall have and receive, out of the general revenue of the said islands, a salary

of Eight hundred pounds sterling per annum, payable quarterly. This Act to XI. And be it enacted, That this Act shall commence and take comience on

effect on, from, and after the twenty-fifth day of December, which 25th Decr.,

will be in the year of our Lord One thousand eight hundred and 1848.

forty-eight, and that the salaries of the several public officers at the said Turks Islands and Caicos Islands, appointed under the authority of any Act or Acts of Assembly now in force, which may become due or be in arrear, and owing on the twenty-fourth day of the said month of December, shall be paid, defrayed, and liquidated out of the Public Treasury at Nassau; but all salaries of such officers to grow due from and after the last-mentioned day shall be charged on, and payable out of, the general revenue funds of the said Turks Islands and Caicos Islands; and all sums of money which, at the commencement of this Act, shall be and remain in the hands, possession, or custody of any officer or officers of the Customs or Receiver-General's department at the said Turks Islands or Caicos Islands, having been received, or for which credit bonds shall have been taken by such officer or officers, on account of the general revenue of the colony, or under the authority of any Act of the General Assembly of these islands, shall be remitted and paid over by such officer or officers to the ReceiverGeneral and Treasurer at Nassau: the commencement of this Act

to the contrary notwithstanding. This Act and

XII. And be it enacted, That this Act, as also the following Acts other Acts of the General Assembly of the Bahama Islands, shall continue herein enume- and remain in force within the said Turks Islands and Caicos rated, to be in Islands after the sou

Islands, after the severance of the said islands from the Bahama force at Turks Islands and

Government; such severance to the contrary notwithstanding: the Caicos Islands said hereinafter-recited Acts to be subject, nevertheless, to be notwithstand repealed or altered by such legislative or other authority, as may ing the seve hereafter be established within the said Turks Islands and Caicos rance.

Islands, that is to say :*

* The several Acts thus extended, which now remain in force will be found post, Part II., Class I, No. 11.

No. 2. Order in Council, No. 1, 1848.

At the Court at Osborne House, Isle of Wight, the 11th

day of August, 1848.

PRESENT:
THE QUEEN's most EXCELLENT MAJESTY,

His Royal Highness PRINCE ALBERT,
Lord President,

Earl of Auckland,
Duke of Norfolk,

Viscount Palmerston,
Marquis of Clanricarde, Lord Campbell,
Lord Steward,

Sir George Grey, Bart.,

Lord Chamberlain.
W HEREAS by letters patent under the great seal of the United

VV Kingdom of Great Britain and Ireland, bearing date at Westminster, the sixth day of April, in the year 1844, Her Majesty did constitute and appoint George Benvenuto Mathew, Governor and Commander-in-Chief in and over her Bahama Islands, during her will and pleasure, and by the said letters patent did require and command him to do all things belonging to his command according to the direction therein, and the royal instructions therewith given, or to be given, or by any Order of Her Majesty issued by and with the advice of her Privy Council; and by the said letters patent did grant, provide, and declare, that there should be within the said Bahama Islands two distinct and separate Councils, to be respectively called the Legislative Council and the Executive Council of the said Islands, and did also authorize the said George Benvenuto Mathew, with the advice and consent of his Executive Council, from time to time, to summon and call General Assemblies of the freeholders and planters in the said Islands, and did also authorize and empower the said George Benvenuto Mathew, with the advice and consent of his said Legislative Council and Assembly, to make, subject to the directions and provisions of the said letters patent, laws, statutes, and ordinances for the public peace, welfare, and good government of the said Bahama Islands, and the people and inhabitants thereof, and such others as resort thereto, and for the benefit of Her Majesty, her heirs and successors.

And whereas by an Act passed by the Legislature of the said Bahama Islands in the eleventh year of the reign of Her present Majesty, intituled “An Act to authorize the separation of the Islands commonly called the Turks Islands, and the other Islands therein mentioned, from the Bahama Government," it was amongst other things enacted and ordained that from and after the twenty-fifth day of December in this present year, being the day of the commencement of the said Act, the Islands of Grand and Salt Cay, together with small islands and cays immediately adjacent, and which together with the said Islands of Grand and Salt Cay are commonly known and designated “ The Turks Islands,” and the islands and cays commonly known and designated “ The Caicos Islands," together with all banks and cays situate, lying, and being to the eastward of the said Turks Islands and Caicos Islands, and theretofore being comprised within or deemed part of, or appertaining to, Her Majesty's Bahama Islands, should cease to be component parts of the Bahama Government: and it was further enacted that from the day and year aforesaid the said Turks Islands and Caicos Islands should be subject to the supervision of such other

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