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No. 3. Order in Council, No. 2, 1848.

shall be simply disallowed by Her Majesty, the President shall make a new appointment, subject as aforesaid to be disallowed by Her Majesty, and every such appointment, disallowance, and new appointment shall take effect from the time of the notification thereof by the said President in the Government Gazette of the said islands.

XIII. And it is further ordered, That the word “ President” as employed in this Order shall be understood to be the person for the time being lawfully administering the Government of the said Turks and Caicos Islands and their dependencies.

And the Right Honourable Earl Grey, one of Her Majesty's principal Secretaries of State, is to give the necessary directions herein accordingly.

THE CHARTER OF THE TURKS AND CAICOS ISLANDS.
VICTORIA, by the grace of God, of the United Kingdom of Great

Britain and Ireland, Queen, Defender of the Faith.
To all to whom these Presents shall come, Greeting: -
W HEREAS, by an Act made and passed in the eleventh year

No. 4. of Our reign, by the Governor and Commander-in-Chief in The Charter and over the Bahama Islands, the Legislative Council and Assembly

1848. of the said islands, intituled “An Act to authorize the Separation of the Turks Islands and the other Islands therein mentioned from the Bahama Government," it was amongst other things enacted, that from and after the commencement of the said Act, the Islands of Grand and Salt Cay, together with the small islands and cays immediately adjacent thereto, and which together with the said Islands of Grand and Salt Cay are commonly known and designated as the Turks Islands, and the islands and cays commonly known and designated as 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 comprised within or deemed part of or appertaining to our Bahama Islands, shall cease to be component parts of the Bahama Government; and all Acts of the General Assembly of the Bahama Islands in force at the time of the commencement of the said Act, save and except the said Act, and the several Acts thereinafter particularly designated, shall from thenceforth cease to be in force within or have reference to the said Turks Islands and Caicos Islands : and it was further enacted, That the said Turks Islands and Caicos Islands, from and after the commencement of the said Act, shall be subject to the supervision of such other Colonial Government as we, Our heirs or successors, by any Order in Council for that purpose made and issued, shall order, direct and appoint: and it was further enacted, That from and after the commencement of the said Act the Government of the said Turks Islands and Caicos Islands shall be administered by a President to be appointed from time to time by us, Our heirs and successors, who shall hold his office during pleasure. And whereas, in pursuance and exercise of the powers and authority so vested in us by the said Act, we have, by and with the advice of Our Privy Council issued a certain Order in Council bearing date the eleventh day of August, One thousand eight hundred and forty-eight,

No. 4. whereby it was ordered that from and after the twenty-fifth day of The Charter December next in this present year, and being the day of the com1848. mencement of the said Act, the said islands of Grand and Salt Cay,

together with the said small islands and cays immediately adjacent thereto, and which, together with the said islands of Grand and Salt Cay, are commonly known and designated as the Turks Islands, and the islands and cays commonly known and designated as the Caicos Islands, together with all banks and cays situate, lying, and being to the eastward of the said Turks Islands and Caicos Islands, heretofore comprised within, and deemed part of, or appertaining to, our Bahama Islands, shall become subject to the supervision of the Captain-General and Governor-in-Chief for the time being, or Officer administering the Government of the island of Jamaica. And it was further ordered that the said Captain-General and Governor-in-Chief for the time being, or Officer administering the said Government as aforesaid, shall do and execute all things that shall belong to the said supervision of the said Turks Islands and Caicos Islands in due manner according to the several powers, provisions, and directions which may thereafter from time to time be given by any letters patent under the great seal of Our United Kingdom of Great Britain and Ireland, and by any instructions which may thereafter from time to time be given under the sign manual, and signed by us, Our heirs and successors. Now know you, that we have thought fit to constitute and appoint the President of the Council for the time being of the said Turks and Caicos Islands, duly commissioned by us by a warrant under Our sign manual and signet, and by these presents, constitute and appoint the said President of the Council for the time being, of the

said islands commissioned by us, in manner aforesaid, to be the President of Administrator of the Government of the said islands, and all other Council to be the islands depending thereon, and also of all forts and garrisons Administrator

erected and established, or which shall be erected and established, of Government and of Forts and

within the same, under the supervision of our Captain-General and Garrisons. Governor-in-Chief for the time being, in and over our island of

Jamaica, for and during our will and pleasure. And we do hereby require and command the President of the Council for the time being of the said Turks and Caicos Islands, and our said CaptainGeneral and Governor-in-Chief for the time being in and over our said island of Jamaica, to do and execute, each of them respectively, all things in due manner that shall belong to their said command and supervision; and the trust we have reposed in them respectively according to the several powers and authorities granted or appointed them by this present commission; and the instructions herewith given them; and according to such further powers, directions, and authorities, as shall at any time hereafter be granted or appointed them under Our sign manual and signet, or by Our order in Our Privy Council, or by us through one of our principal Secretaries of State, and according to such reasonable laws and statutes as are now in force or as shall hereafter be made and agreed upon by the President and Council of the said islands, under the supervision of Our said Captain-General and Governorin-Chief. And Our will and pleasure is, that the said President of the Council of the said islands immediately upon the publication within Our said islands of this Our charter, do take the oaths mentioned and referred to in the said accompanying instructions, such oaths being administered to him in such manner and form No. 4. and by such persons as are therein mentioned, all which being duly The Charter performed, he shall administer to each of the members of Our 1848. said Council the oaths mentioned in Our said instructions in that behalf. And whereas by Our said recited Order in Council it was amongst other things ordered that the legislative and other powers of the said Council shall be defined and regulated in such manner as we, Our heirs and successors, shall limit, direct, and appoint, by any letters patent which may thereafter from time to time be issued under the great seal of Our United Kingdom of Great Britain and Ireland, and by any instructions which may thereafter from time to time be given under the sign manual of us, Our heirs, and successors. Now therefore we do hereby declare and grant President and that the President and Council for the time being, of Our said Council to make

aws under the islands, or the major part of them, shall have full power and autho- Laws

supervision of rity, under the supervision of Our Captain-General and Governor- G

10. Governor-inin-Chief in and over Our said island of Jamaica, to make, consti- Chief. tute, and ordain, laws, statutes, and ordinances for the public peace, welfare, and good government of Our said islands and the people and inhabitants thereof, and such others as shall resort thereto, and for the benefit of us, Our heirs, and successors. Provided nevertheless and we do further declare Our pleasure to be, that the said laws, statates, and ordinances so to be made, constituted, and ordained as aforesaid, shall not be repugnant, but as near as may be agreeable, to the laws and statutes of this Our United Kingdom of Great Britain and Ireland. Provided also, that all such laws, statutes, and ordinances, of what nature or duration soever, within three months or sooner after the making thereof, be transmitted to us under the seal of Our said islands, for our approbation or disallowance of the same, as also duplicates thereof by the next conveyance; and in case any or all of the said laws, statutes, and ordinances so to be made as aforesaid, shall be disallowed by us, Our heirs and successors, by the advice of Our or their Privy Council under Our or their sign manual and signet, or through one of Our principal Secretaries of State, then Our pleasure is that such laws, statutes, and ordinances shall cease, determine, and become utterly void and of none effect, from and after the promulgation of such disallowance thereof within Our said islands, anything herein contained to the contrary thereof notwithstanding. And to the end that nothing may be passed or done by Our said Council to the prejudice of us, Our heirs and successors, We will and ordain that our Captain-General and Governor-in- Governor-inChief for the time being in and over Our island of Jamaica shall Chief to have a have and enjoy a negative voice in the making and passing all such negative voice

in all Laws, laws, statutes, and ordinances as aforesaid. And we do hereby authorize and empower the President of the Council for the time being, of the said islands, to keep and use the public seal of Our said islands. And we do hereby authorize and empower Our Governor-inCaptain-General and Governor-in-Chief for the time being in and Chief to present

to all Livings over our island of Jamaica, to present to the Bishop of the diocese bec of Jamaica for institution any person or persons to any churches, cant. chapels, or other ecclesiastical benefices within Our said islands and their dependencies, as often as any of them shall happen to be void. And we do hereby grant unto the President of the Council for the time being of Our said islands, full power and authority to

appoint Public

No. 4. constituto and appoint judges and in cases requisite commisThe Charter sioners of oyer and terminer, justices of the peace, sheriffs, and 1848. other necessary officers and ministers in Our said respective islands,

- for the better administration of justice and putting the laws in exePresident to

lic cution, and all such other officers and ministers as may lawfully be Officers.

appointed by us ; it being nevertheless Our pleasure that all such

appointments as aforesaid shall be provisional only until Our President to

pleasure shall be known. And we do hereby give and grant unto have power to the President of the Council for the time being of Our said islands suspend, full power and authority in case any person or persons commis

sioned or appointed by us to any office or offices within either of Our said islands from which they may be liable to be removed by us shall, in his opinion, be unfit to continue in Our service, to sus

pend or remove such person or persons from his or their several Governor-in- employments. And we do hereby give and grant unto Our CaptainChief may remit General and Governor-in-Chief for the time being in and over Our fines.

island of Jamaica, full power and authority, where he shall seo cause or shall judge any offender or offenders in criminal matters or for any fines or forfeitures due unto us fit objects of Our mercy,

to pardon all such offenders and to remit all such offences, fines, and President power forfeitures. And we do hereby give and grant unto the said Preto grant autho- sident of the Council for the time being of Our said islands full rity to admi

power and authority, without expecting any further special warrant nister Estates of Lunatics.

from us, from time to time to give order and warrant for the preparing of grants of the custody of idiots and lunatics and their estates, as are or shall be found by inquisition thereof taken or to be taken, and returnable in Our Court of Chancery, and thereupon to make and pass grants and commitments under the public seal of Our said islands of the custody of all such idiots and lunatics and their estates, to such person or persons, suitors in that behalf, as according to the rules of law and the use and practice in these and the like cases he shall judge meet for that trust, the said grants and commitments to be made in such manner and form, or as nearly as may be, as hath been heretofore used and accustomed in making the same under the great seal of this Our United Kingdom of Great Britain and Ireland, and to contain such apt and convenient covenants, provisions, and agreements on the part of the committees

and grantees to be performed, and such security to be by them Public Revenue, given, as shall be requisite and needful. And Our further will and how appropri- pleasure is, that all public moneys raised or which shall be raised ated.

by any Act or Ordinance made or hereafter to be made within Our said islands, be issued out by warrant from the President of the Council for the time being of Our said islands, and be disposed of by him for the support of the government of the said islands, or for such other purposes as shall be particularly directed and appointed in and by such Act or Ordinance and not otherwise. And in case there shall not be within Our said islands any person commissioned by us by a warrant under Our sign manual and signet to be President of the Council of Our said islands, then and in that

case we do further declare Our pleasure, and do hereby grant and Provision in provide, that all and every the powers hereby vested in the said case of death, President of the Council for the time being shall be and the same &c., of Presi

are hereby vested in the Senior Member of the Council of such islands for the time being resident therein. And we do further declare and ordain, that the persons for the time being administer

dent,

ing the Government of the said islands, shall in the discharge of No. 4. such their office conform to and observe such instructions as shall The Charter for that purpose be addressed to them by Our Captain-General and 1848. Governor-in-Chief for the time being, in and over Our island of Jamaica so long as he shall be within any one of the said islands aforesaid or in the island of Jamaica in the execution of this Our Charter: subject nevertheless to all such rules and regulations in that behalf as are contained in Our instructions accompanying this Our Charter. And whereas it is necessary that provision be also made for the execution of this Our Charter in the event of the death, incapacity, or absence of Our said Captain-General and also in case of Governor-in-Chief from his said command of Jamaica. Now there- death, &c., of fore we do further declare Our pleasure to be that in the event of his

of Governor-inthe death, incapacity, or absence of Our said Captain-General and Governor-in-Chief from his said command, all and every the powers and authorities hereby vested in him shall thereupon be, and the same are hereby in any such event and until Our pleasure shall be further signified, vested in Our Lieutenant-Governor of Our said island, of Janaica, and if there shall then be no such LieutenantGovernor within Our said island then in such person as may in manner aforesaid be appointed by us to be the Administrator of the Government thereof, or if there shall then be no such Administrator of the Government within the said island of Jamaica then in such Senior Member of the Council thereof as aforesaid. And we do further direct and enjoin that this Our Charter be read and proclaimed within our said Islands. And we do hereby require and command all officers civil and military, and all others the inhabitants of Our said islands, to be obedient, aiding and assisting unto Our said Captain-General and Governor-in-Chief in and over Our island of Jamaica and to the persons hereinbefore appointed to administer the Government of Our said Turks and Caicos Islands, in the execution of this Our commission and of the powers and authorities herein contained. In witness whereof we have caused these Our letters to be made patent.

Witness Ourself at Westminster, the twenty-fifth day of October in the twelfth year of Our reign.

By Writ of Privy Seal.
[L.S.]
(Signed)

PEPYS.

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