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PART II.

Class I.-Laws EXTENDING THE COMMON, AND CERTAIN PARTS OF

THE STATUTE, LAW OF ENGLAND, AND CERTAIN ACTS
OF THE GENERAL ASSEMBLY OF THE BAHAMA

ISLANDS, TO THE Turks and Caicos Islands.
Class II.-LAWS RELATING TO THE LEGISLATIVE POWERS OF THE

COUNCIL, AND OTHER MATTERS CONNECTED WITH THE

REPRESENTATION OF THE PEOPLE.
Class III.-LAWS REMOVING CIVIL DISABILITIES FROM CERTAIN

CLASSES OF PERSONS.
Class IV.-ALIENS, NATURALIZATION OF.

Class V.-FRIENDLY SOCIETIES.
Class VI.-Wills and ESTATES OF DECEASED PERSONS.

CLASS I.

No. 1.

c. 2.

PREAMBLE.

Division 1.-LAWS EXTENDING THE COMMON, AND

CERTAIN PARTS OF THE STATUTE, LAW OF ENG-
LAND, AND CERTAIN ACTS OF THE GENERAL
ASSEMBLY OF THE BAHAMA ISLANDS, TO THE

TURKS AND CAICOS ISLANDS.
No. 1.–40 Geo. 3, ch. 2. An Act to declare how much of the Laws of

England are practicable within the Bahama Islands, and ought

to be in force within the same. (A.D. 1799.) W HEREAS the Common Law of England is the best birth

VV right of Englishmen and of their descendants, but nevertheless is not, in all respects, applicable to the circumstances and condition of new and distant colonies : And whereas doubts have arisen how far the Acts of Parliament in which His Majesty's colonies and plantations in America are not especially mentioned or included under general words do extend to those colonies and plantations, by reason whereof your Majesty's liege subjects of these islands have sometimes been in danger of being deprived of the benefit of many good and wholesome laws; and whereas it is expedient that all doubt be taken away concerning a subject of such high importance : We therefore pray, &c., and be it declared by the authority of the same, that the Common Law of England, in all cases where the same hath not been altered by any of the Acts or Statutes hereinafter enumerated, or by any Act or Acts of Assemhy in foron in thaan ia bly in force in these islands, or by any Ordinance of the Legislative Council of the same (except so much thereof as hath relation to the ancient feudal tenures, to outlawries in civil suits, to the wager of law or of batail, appeals of felony, writs of attaint and ecclesiastical matters), is, and of right ought to be, in full force within these islands, as the same now is in that part of Great Britain called England.

Common Law of England, with certain exceptions, de clared in force in the Colony.

Colony.

Declares cer

be in force.

II. And be it further declared, That the several Statutes and Acts No. 1. of Parliament, hereinafter particularly enumerated and mentioned, Act 40 G. 3, are, and of right ought to be, in full force and virtue within and c. 2. throughout this colony, as the same would be if the Turks and Der Caicos Islands were therein expressly named, or as if the aforesaid tain Acts of Acts and Statutes had been made and enacted by the Legislature of Parliament to these islands. *

9 Henry 3, ch. 8. “How sureties shall be charged to the King."

9 Henry 3, ch. 18. “The King's Debtor dying, the King shall be first paid.”

20 Henry 3, ch. 1. “A woman shall recover damages in a writ of dower."

20 Henry 3, ch. 2. “Widows may bequeath the crops of their lands."

20 Henry 3, ch. 9. “He is a bastard that is born before the marriage of his parents.”

3 Edward 1, ch. 4. “What shall be adjudged wreck of the sea, and what not.”

3 Edward 1, ch. 9. “All men shall be ready to pursue felons."

3 Edward 1, ch. 25. “None shall commit champerty to have part of the thing in question.”

3 Edward 1, ch. 26. “None of the King's officers shall commit extortion."

3 Edward 1, ch. 28. “ Clerks shall not commit maintenance.”

3 Edward 1, ch. 29. “ The penalty of a Serjeant or Pleader committing deceit.”

3 Edward 1, ch. 30. “Extortion by Justices? Officers."

3 Edward 1, ch. 33. “No maintainers of quarrels shall be suffered.”

6 Edward 1, ch. 1. “Several actions wherein damages shall be recovered.”

13 Edward 1, statute 1, ch. 1. “In gifts in tail, the donor's will shall be observed. The form of a formedon.”

13 Edward 1, statute 1, ch. 4. “Where the wife shall be endowable of lands recovered against the husband. Where the heir may avoid a dower recovered. A remedy for particular tenants losing by default.”

13 Edward 1, ch. 7. “ Admeasurement of dower for the Guardian and the heir, and the process therein.

13 Edward 1, ch. 15. • An infant eloined may sue by prochein

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13 Edward 1, ch. 22. “Waste maintainable by one tenant in common against another.”

13 Edward 1, ch. 23. “Executors may have a writ of accompt."

13 Edward 1, ch. 31. “An exception to a plea shall be sealed by the Justices.”

13 Edward 1, ch. 34. “It is a felony to commit a rape. A married woman elopeth with an advouterer.'

* By this clause 207 Acts of Parliament were originally extended. The clause has, however, from time to time been repealed in part, and those Acts only which remained in force at the time of the separation are inserted in this reprint. The titles of the statutes are set forth as they usually appear in the printed copies.

No. 1. 13 Edward 1, ch. 40. “A Woman's suit shall not be deferred Act 40 G. 3, by the minority of the heir.” c. 2. 13 Edward 1, ch. 45. “ The process of execution of things

recorded within the year, or after.”

13 Edward 1, ch. 49. “ The penalty for buying the title of land depending in suit. A remedy for suits where the law faileth."

28 Edward 1, ch. 11. “Nothing shall be taken to maintain any matter in suit."

Stat. de frangentibus Prisonam. 1 Edward 2, statute 2. “In what case it is felony to break prison, in what not.”

1 Edward 3, statute 2, ch. 16. “ Who shall be assigned Justices and Keepers of the Peace.”

4 Edward 3, ch. 2. “ The authority of Justices of Assize, Gaol Delivery, and of the Peace.”

4 Edward 3, ch. 7. “Executors shall have an action of trespass for a wrong done to their testator.”

4 Edward 3, ch. 10. “Sheriffs and Gaolers shall receive offenders without taking anything.”

5 Edward 3, ch. 10. - The punishment of a Juror that is ambidexter and taketh money."

5 Edward 3, ch. 11. “Nightwalkers and suspected persons shall be safely kept."

14 Edward 3, statute 1, ch. 6. “A Record which is defective by misprision of a Clerk, shall be amended.”

18 Edward 3, statute 2, ch. 2. “Justices of Peace shall be appointed, and their authority.”

20 Edward 3, ch. 3. “Justices of Gaol Delivery, &c., and their associates shall take an oath.”

25 Edward 3, statute 5, ch. 2. “A declaration which offences shall be adjudged treason.”

25 Edward 3, statute 5, ch. 3. “No Indictor shall be put upon the inquest of the party indicted.”

25 Edward 3, statute 5, ch. 5. “Executors of Executors shall have the benefit and charge of the first testator.'

25 Edward 3, statute 5, ch. 14. “What process shall be awarded against him that is indicted for Felony."

28 Edward 3, ch. 3. “No person shall be condemned without his answer.”

34 Edward 3, ch. 8. “The penalty of a Juror taking reward to give his Verdict.”

34 Edward 3, ch. 12. “There shall be no forfeiture of lands for treason of dead persons not attainted.”

38 Edward 3, statute 1, ch. 2. “A ship shall not be lost for a small thing therein not customed.”

38 Edward 3, ch. 12. “ The punishment of a Juror taking reward to give verdict, and of Embraceors.”

50 Edward 3, ch. 6. “ Fraudulent assurances of lands or goods, to deceive creditors, shall be void.”

1 Richard 2, ch. 12. “A prisoner by judgment shall not be left at large. Confession of a debt to the King to delay another's execution."

5 Richard 2, ch. 8. “ The penalty where any doth enter into Lands where it is not lawful, or with force."

8 Richard 2, ch. 4. “ The penalty if a Judge or Clerk make a false entry, rase a roll, or change a verdict."

9 Richard 2, statute 2, ch. 1. “In a pardon of Murder, Trea- No. 1. son, or Rape, the offence committed shall be specified. The for- Act 40 G. 3, feiture of him at whose suit such a pardon is obtained.”

c. 2. 13 Richard 2, statute 1, ch. 5. What things the Admiral and his Deputy shall meddle.”

15 Richard 2, ch. 2. “The duty of Justices of the Peace when any forcible entry is made into Lands.”

15 Richard 2, ch. 3. “In what places the Admiral's jurisdiction doth lie.”

17 Richard 2, ch. 6. “Upon an untrue suggestion in the Chancery, damages may be awarded.”

17 Richard 2, ch. 8. “The Sheriffs and all other the King's Officers, shall suppress rioters, and imprison them, and all others offending against the Peace.”

1 Henry 4, ch. 10. “Nothing shall be accounted Treason but what was made Treason in the time of King Edward the Third.”

2 Henry 4, ch. 11. “A remedy for him who is wrongfully pursued in the Court of Admiralty."

4 Henry 4, ch. 18. “The punishment of an Attorney found in default."

4 Henry 4, ch. 23. “Judgments given shall continue until they shall be reversed by attaint or error.”

5 Henry 4, ch. 5. “It shall be felony to cut out the tongue, or pull out the eyes of the King's liege people.”

5 Henry 4, ch. 10. “Justices shall imprison none but in the Common Gaol.”

11 Henry 4, ch. 3. “Records shall not be amended or impaired after judgment enrolled.”

13 Henry 4, ch. 7. “ The Justices of Peace and the Sheriffs shall arrest those which commit any riot, &c., inquire of them, and record their offences.”

2 Henry 5, ch. 2. “A Corpuscum causâ or Certiorari to remove him who is in execution at another man's suit.”

9 Henry 5, statute 1, ch. 4. “The Justices may amend defaults in records or process after Judgment given.”

4 Henry 6, ch. 3. “ Justices in certain cases may amend their records according to former statutes."

8 Henry 6, ch. 9. "The duties of Justices of Peace where land is entered upon, or detained with force.”

8 Henry 6, ch. 12. “No Judgment or Record shall be reversed for any writ, process, &c., raised. What defects in Records may be amended by the Judges, and what not."*

8 Henry 6, ch. 15. “ The Justices may, in certain cases, amend defaults in Records.”

8 Henry 6, ch. 29. “An inquest shall be de medietate linguâ, where an alien is party.”

11 Henry 6, ch. 3. “An Assize, &c., maintainable against the pernor of the profits.”

ii Henry 6, ch. 6. “No suit pending before any Justice, &c., shall be discontinued by a new Commission.”

1 Richard 3, ch. 3. “Every Justice of the Peace may let a

* So much of this Statute as relates to the offences of “stealing, taking away, withdrawing or avoiding of any Record, or other like thing therein mentioned ;” is repealed. See Act of Assembly, 4th Victoria, c. 30, post.

No. 1. Prisoner to mainprize. No officer shall seize the Goods of a Prisoner Act 40 G. 3, until he be attainted."* c. 2. 3 Henry 7, ch. 3. “ Justices of the Peace may let Prisoners

to bail. The Sheriff shall certify the names of all his Prisoners at the Gaol delivery."*

3 Henry 7, ch. 4. “All deeds of Gift made to defraud Creditors, shall be void.”

3 Henry 7, ch. 10. “Costs, &c., awarded to the Plaintiff, where the Defendant sueth a Writ of Error.”

4 Henry 7, ch. 12. “All Justices of the Peace shall execute their commission, redress injuries, and maintain the Laws.”

4 Henry 7, ch. 20. “ Actions popular, prosecuted by collusion, shall be no bar to those which be pursued with good faith.”

4 Henry 7, ch. 24. “How often a fine levied in the Common Pleas shall be read and proclaimed, and who then shall be bound thereby.”

11 Henry 7, ch. 12. “A mean to help and speed poor persons in their suits.”

11 Henry 7, ch. 20. “ Certain alienations made by the Wife, of the Lands of her deceased husband, shall be void."

23 Henry 8, ch. 5. “An Act that the plaintiff being nonsuited, shall yield damages to the defendants in actions personal, by the discretion of the Justices.”

24 Henry 8, ch. 5. “That a man killing a Thief in his defence, shall not forfeit his Goods."

27 Henry 8, ch. 4. “For Pirates and Robbers on the Sea,”
27 Henry 8, ch. 10. “An Act concerning Uses and Wills.”
28 Henry 8, ch. 15. “ For Pirates."
31 Henry 8, ch. 1. “For joint tenants and tenants in common."
32 Henry 8, ch. 2. “The Act of limitation with a proviso."
32 Henry 8, ch. 9. “The Bill of Bracery and buying of Titles.”

32 Henry 8, ch, 28. "Lessees to enjoy the farm against tenants in tail.”

32 Henry 8, ch. 30. “Mispleadings, Jeofails.”
32 Henry 8, ch. 32. “Joint tenants for term of life, or years."

32 Henry 8, ch. 33. “An Act that wrongful disseisen is no descent in law.”

32 Henry 8, ch. 36. “For the exposition of the Statute of Fines."

32 Henry 8, ch. 37. “ For recovery of arrearages of rents, by executors, of tenants in fce simple.”

32 Henry 8, ch. 38. “For Marriages to stand notwithstanding pre-contracts.”

1 Edward 6, ch. 7. “The continuations of Actions after the death of any King.”

1 Mary, Sess. 2, ch. 7. “ An Act touching proclamations upon fines.”

5 Elizabeth, ch. 9. “An Act for punishment of such as shall procure or commit any wilful perjury."

8 Elizabeth, ch. 2. “An Act for avoiding of wrongful vexation touching the writ of latitat."

13 Elizabeth, ch. 5. “ An Act against fraudulent deeds, alienations," &c.

* So much of these Statutes as relate to mainprize and bail are suspended. See Act of Assembly, 4 William 4, ch. 25, post.

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