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any time a sufficient number of Justices do not attend to constitute No. 6. a legal meeting, the chairman may adjourn the same to a future Ord. No. 13, day, giving notice of the same to the Justices as is required by the 1855. said Ordinance.
No. 7.—ORDINANCE No. 23 of 1860.
Ord. No. 23, An Ordinance to encourage the importation of Ice into these Islands. 1860. (Passed 13th September, 1860. Confirmed 21st February, 1861.) W HEREAS in the tropical climate of the Turks and Caicos PREAMBLE.
W Islands it is desirable that ice should at all times be readily attainable by the inhabitants, -and whereas from the perishable nature of ice and the consequent risk of loss incurred by its importation, no person will undertake to keep a constant supply of ice without some special advantages are attached to the business of an ice establishment; May it, &c.
I. That any one person who shall undertake to import from time Privileges to time ice in sufficient quantities to supply the inhabitants of attached to these islands, and keep such a supply constantly on hand as will keeping an.
ice establishmeet the demand of the same, such person shall be entitled to the
ment. following privileges and advantages, to wit: He may establish one or more refreshment room or rooms upon one and the same premises, to which persons may resort and be furnished with refreshments, including spirits of all kinds, wines, and fermented and other liquors of every description.
II. He may sell such wines, spirits, and other liquors by the bottle, or in lesser quantities, provided that the privileges hereby granted shall not be taken to apply to more than one such establishment at Grand Turk, one at Salt Cay, and at such other places as the President and Council shall think proper.
III. That any person desirous of availing himself of the privileges herein granted must observe the following conditions
1st. He must import ice twice in every six months during the Once in each year, in quantities not less than sixty tons at one time, and the six months at same shall be sold to the public at a rate not exceeding one penny le halfpenny per pound.
to be imported. 2nd. He must supply the poor and the prisoners in gaol with ice free of charge upon a certificate from a member of the medical profession that the same is necessary for medical purposes.
3rd. He shall not sell any refreshment on Sunday or before sun- Other condirise, or after nine o'clock P.M. on any other day, under a penalty tions. not exceeding Two pounds.
4th. He shall enter into bond with two sufficient sureties in the To give bond. sum of Fifty pounds each, and such bond shall be taken at the office of the Colonial Secretary in the name of Her Majesty, her heirs, and successors, and shall be conditioned for the maintenance To take out of good order in such refreshment room or rooms, and for the due license. observance of all the provisions of this Ordinance, and upon entering into such bond a license according to the form in the Schedule hereto annexed to keep such refreshment room shall be granted him, renewable annually, for which he shall pay into the public treasury the sum of Twenty pounds.
5th. He shall have a sign with his name painted thereon, with
No. 7. the words "refreshment room " in legible characters, and such name Ord. No. 23, and words shall be displayed in a conspicuous place in front of the 1860. refreshment room or rooms.
6th. ile shall not suffer any person or persons to gamble or get drunk in or about any such refreshment room under a penalty not
exceeding Five pounds. A bonus of IV. That upon producing a certificate from the Receiver-General £25 every
that the quantity of ice required by this Ordinance has been imsix months given,
ported by the party so licensed, such party shall be entitled to receive once in every six months a bonus of Twenty-five pounds by
warrant in the usual manner. Offences, how V. That all offences against this Ordinance may be heard and tried.
determined before two Justices of the Peace, of whom one shall be a Police or assistant Police Magistrate, and all fines and penalties not exceeding Twenty pounds may be made and levied on the goods and chattels of the offender, by warrant under the hand of
the Justices before whom such offender was convicted. Penalties over
VI. That any penalty or fine to a greater amount than Twenty £20, how re pounds may be sued for, and recovered in any Court of competent covered.
jurisdiction. And all such penalties and fines when recovered shall be reserved for the use of Her Majesty and her successors, and shall be paid into the public treasury of these islands in aid of
the support of the government thereof. Limitation
VII. That every complaint or information for any offence against fourteen days.
this Ordinance shall be made, and the party charged therewith summoned, within fourteen days after such offence committed, and
not afterwards. Appeal.
VIII, That any person convicted before two Justices of any offence committed against this Ordinance, may appeal from such conviction to the Supreme Court of these islands in accordance
with the provisions contained in Ordinance No. 16 of 1849. Duration five IX. That from the period when this Ordinance shall take effect years.
in these islands, the same shall continue in force for the space of Five years.
No. 8.-ORDINANCE No. 17 of 1860. Ord. No, 17, 1860. An Ordinance to prevent Gambling by Games of Chance or other
Devices. (Passed 4th May, 1860. Confirmed 17th Oct.,
1860.) W HEREAS the practice of gambling by means of throwing
VV dice, and by other devices, has increased within these islands,
and it is expedient that the same should be prevented; May it, &c. Penalties for That it shall not be lawful for any person or persons to offer gambling.
any property or stake whatever to be played for, whether by throwing dice or by any other device; and any person offering any property or stake for such a purpose shall forfeit a sum not exceeding one pound; and any person who shall play for such property or stake by any of the means aforesaid shall forfeit and pay a sum not exceeding Ten shillings.
II. That it shall be the duty of every constable, whether paid No. 8. or unpaid, to report to the Police Magistrate of the island or dis- Ord. No. 17, trict any offence against this Ordinance which may come to his 1860. knowledge, and any person may complain of any such offence : and
“ Constables to every person upon whose information or complaint any conviction report all under this Ordinance may be made, shall be entitled to receive gaming. one half of the fine or penalty imposed; and the other half shall be reserved for the use of Her Majesty, her heirs, and successors, and be paid into the public treasury, and applied towards the sup- . port of the Government of these islands.
III. That all penalties and forfeitures incurred under this Ordi- Penalties to be nance shall be recovered in a summary manner before the Police recovered in or assistant Police Magistrate, and may be made and levied of the a summary goods and chattels of the offender; and in default of goods and chattels, it shall be lawful for any such offender to be imprisoned for any term not exceeding one month.
IV. That nothing herein contained shall be taken to apply to Where Ordipersons who may play at any game not depending entirely upon nance does not chance for such moderate stake in money as may be in accordance apply. with the means of the parties playing.
FIFTH DIVISION.–CATTLE ACT AND AMENDMENTS.
Laws relative to Damages done by Cattle running loose, and Act 4 Vic.
other Subjects connected therewith. (25th February, 1841.) c. 11. I. That from and after the commencement of this Act it shall be Provision lawful for any two Justices of the Peace, (of which, at Turks made for erecIslands, the Police Magistrate shall be one,) to authorize the erec- tion of Public tion or use of one or more public pounds in each town, district, or
Pounds. settlement within these islands, in which pounds all cattle liable to be impounded shall and may lawfully be kept and detained.
II. That when any such pound shall be erected on private land Fees of Poundat the expense of the owner or owners, occupier or occupiers of such age regulated. land, it shall be lawful for such owner or owners, occupier or occupiers, or any person by him, her, or them appointed, to demand and receive the several poundage fees hereinafter enumerated : Provided always, That it shall not be lawful to place or detain cattle in any place erected as a pound on private land, as aforesaid, until the owner or owners, occupier or occupiers of such land shall have obtained a certificate from two Justices of the Peace, to the effect that they have inspected the said place, and consider it a fit and proper place for impounding cattle, which certificate shall continue in force for twelve months, and no longer ; after the expiration of which period a new certificate must be granted before such place can be continued as a public pound.
III. That it shall be lawful for any two Justices of the Peace Appointment (of which, at Turks' Islands, the Police Magistrate shall be one,) of Pound to appoint a keeper to each pound (other than those erected on
keepers. private land at the expense of the owner or occupier thereof), and the keepers so appointed shall be entitled to have and receive the several fees of poundage hereinafter enumerated.
No. 9. IV. That from and after the passing of this Act if any cattle Act 4 Vic. shall stray from the lands of the owner or owners thereof, or be
c. 11. suffered to run at large by such owner or owners, and shall enter the When cattle
land of any other person or persons, it shall be lawful for the party found on pris upon whose land such cattle shall enter to seize the same and convate land, may vey, or cause the same to be conveyed, within twenty-four hours be impounded. after such seizure, to the nearest public pound : Provided such
pound shall be within five miles of the land upon which such cattle have trespassed; but in case such land shall be at a greater distance than five miles from such nearest pound, then, and in every such case, it shall be lawful for the party aggrieved to detain such cattle on his or her land until satisfaction shall be made in manner hereinafter mentioned : Provided, however, That in every such case, as last aforesaid, the person so detaining such cattle shall, within fourand-twenty hours, give notice of such detention to a Justice of the Peace, and require such Justice to investigate and adjudicate on
the case in manner hereinafter mentioned. Damages done V. That whenever any cattle shall enter on any land under culby cattle, how
tivation, and shall do damage therein, the owner or occupier of such to be awarded.
land may, if such damage shall not exceed the sum of three pounds, recover the same from the owner or owners of such cattle before any one Justice of the Peace, who is hereby authorized and empowered to hear and adjudicate on all such cases, to give judgment thereon, and award execution, with cost, in the same manner as in cases of petty debts; and in any such inquiry it shall not be necessary, in order to entitle the party aggrieved to recover such damage, that the cattle committing the same should have been
seized and impounded. Forfeiture
VI. That whenever any cattle shall enter on any enclosed land, when cattle
whether under cultivation or not, without committing any particular trespass, and
damage, for which the owner or occupier of such land shall claim do no particular damage.
compensation, it shall, nevertheless, be lawful for such owner or occupier to recover, in manner hereinafter mentioned, stipulated damages from the owner or owners of such cattle at and after the rate of two shillings for each head of cattle so trespassing; and if such cattle shall remain on the land of the party complaining more than twenty-four hours, then a further sum of one shilling per diem shall be payable by the owner or owners thereof to the owner or occupier of such land for each and every day during which such
cattle shall remain on such land. Unlawful with. VII. That it shall not be lawful for the owner or occupier of any in five miles of land lying within five miles from any public pound to keep penned any Pound to keep stray
or tied up on such land any cattle seized as strays beyond four-andcattle penned
twenty hours, under the penalty of forfeiting to the owner of such up, &c.
cattle one shilling for every hour which each head of such cattle shall be so kept beyond the said twenty-four hours ; nor shall it be lawful for the owner or occupier of any land lying beyond the distance of five miles from any such pound, as aforesaid, to keep penned or tied up any cattle seized as strays for a longer period than twenty-four hours without giving the notice hereinbefore required to be given to a Justice of the Peace, under the penalty of forfeiting to the owner of such cattle one shilling for each and every hour which each head of such cattle shall be so kept, as last aforesaid, beyond the said twenty-four hours : Provided always, That the periods in this clause mentioned, during which it shall be
lawful to keep cattle seized as strays penned or tied up, shall be No.9. computed clear and distinct from any Sunday which may intervene Act 4 Vic. between the seizure of such strays and the giving the notices by c. 11. this Act required to be given.
VIII. That it shall be the duty of the keeper of every pound Duty of Pound established under this Act, within twenty-four hours after any keepers. cattle shall have been placed in any such pound, to give notice thereof to a Justice of the Peace, under a penalty of Ten shillings for each and every neglect.
IX. That upon any such notice as aforesaid being given to a When Justices Justice of the Peace as aforesaid, such Justice shall, within forty. shall proceed eight hours thereafter proceed to adjudicate on the case ; and if to adjudicate. the owner of any cattle impounded shall not be known, it shall be lawful for such Justice to order such cattle to be sold at public sale, giving notice in the most public manner for at least seven days of such intended sale, and the proceeds of such sale shall be applied in liquidating all poundage fees and expenses, and in satisfying the damages sustained by any party aggrieved ; and the overplus, if any, shall be then paid into the public treasury of these islands, to be applied (if not demanded, and proof of the property made within twelve months) towards the support of Her Majesty's Government within these islands.
X. Repealed by 10 Vic. c. 13.
XI. This and the following clauses, as far as the XVIIth inclusive, are repealed by Ord. No. 16, 1860. · XVIII. That from and after the passing of this Act it shall not Fines, how be lawful for any person or persons to suffer or permit any stallion recovered and to be at large in any public road, highway, or street, or on any applied. public parade or common within these islands, under a penalty for every such offence, on due conviction thereof, of any sum not exceeding two pounds; and that all fines and penalties shall, except when otherwise directed, be sued for and recovered before any one of Her Majesty's Justices of the Peace for these islands in the same and the like manner as petty debts can be now sued for and recovered, and shall, except when otherwise directed, be paid, one half to the use of Her Majesty, her heirs, and successors, and the other half to the informer or person suing for the same.
XIX. Any person or persons sued for anything done in pursu- Persons sued ance of this Act may plead the general issue, and give this Act and may plead the the special matter in evidence, and on verdict for defendant, non- general issue. suit of plaintiff, or discontinuance of action, shall be entitled to double costs.
XX. That the following fees of poundage shall and may be law- Poupdage fees. fully demanded, and received by the several persons entitled to fees of poundage under this Act, viz.: For every horse, mare, gelding, mule, ass, bull, cow, steer, heifer, calf, sheep, lamb, goat, kid, hog, or pig, impounded, ninepence : and, in addition, for every day they may remain in such pound, threepence : and, for supplying them with food, sixpence halfpenny.
XXI. That the word “cattle,” in this Act, shall be held to Interpretation comprise each and every of the description of animals enumerated of the words in the next preceding Section, and the word "land" shall be held “Cattle.” and
« Land.” to comprise not only lands used for agricultural purposes, but town lots and allotments, being parts or parcels of salt ponds. XXII. That in all cases of summary conviction or adjudication