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any other form of words to the same effect, as the case shall happen No. 13. (Videlicit).
Act 7 Vic, Be it remembered that on the day of in the c. 11. year of our Lord
A. B. is convicted before me (one) of Her Majesty's Justices of the Peace for the Turks and Caicos Islands, or for the district of
within the said islands (as the case may be) either by his own confession, or on the oath of one or more credible witnesses, (as the case may be) by virtue of an Act made in the seventh year of the reign of Her Majesty Queen Victoria, entitled “ An Act to amend the laws for preventing the cruel and improper treatment of cattle” (specifying the offence, and time and place when the same was committed, as the case may be). Given under my hand and seal the day and year above written.
V. That if on hearing any such complaint as is hereinbefore mentioned, the Justice of the Peace who shall hear the same shall be of opinion that such complaint was frivolous and vexatious, then, and in every such case it shall be lawful for such Justice of the Peace to order, adjudge, and direct the person or persons making such complaint to pay to the party complained of any sum of money not exceeding the sum of Twenty shillings, as compensation for the trouble and expense to which such party may have been put to by such complaint; such order or adjudgment to be final between the said parties; and the sum thereby ordered or adjudged to be paid, to be levied in manner as is hereinbefore provided for enforcing payment of the sums of money to be forfeited by the persons convicted of the offence hereinbefore mentioned.
VI. That if any action or suit shall be brought or commenced Protection of against any person or persons for anything done in pursuance of persons acting
uuder the authis Act, it shall be brought or commenced within six calendar th
thority of this months next after every such cause of action shall have occurred, Act. and not afterwards, and the defendant and defendants in such action or suits may plead the general issue, and give this Act and the special matter in evidence at any trial or trials to be had thereon; and that the same was done in pursuance and by authority of this Act, and if the same shall appear to be so done, or if any such action or suit shall not be commenced within the time before limited, then, and in every such case the jury or juries shall find for the defendant or defendants, or if the plaintiff or plaintiffs shall become nonsuit, or shall discontinue his action or actions, or if judgment shall be given for the defendant or defendants therein, then, and in any of the cases aforesaid, such defendant or defendants shall have treble costs, and shall have such remedy for recovering the same as any defendant or defendants hath, or may have for his, her, or their costs, in any other cases by law.
SEVENTH DIVISION.-HAWKING GOODS. No. 14.-9 Vic. ch. 14. An Act to repeal an Act for regulating the No. 14.
Hawking of Goods, Wares, and Merchandise, and to make Act 9 Vic. other provision in relation thereto. (4th March, 1846.)
c. 14. I. Repeals 7 Wm. 4, c. 10..
II. That it shall not be lawful for any person to hawk or retail Not lawful to any goods, wares, merchandise, or other articles (except as herein- hawk or retail No. 14. after excepted,) about the streets, lanes, and roads of the island of Act 9 Vic. the Turks Islands, or of any other island to which the provisions c. 14. of this Act may be extended, by order of the Governor or Officer
administering the Government in Council, without having first goods without
obtained a license for so doing ip manner hereinafter mentioned, a license.
under a penalty for every offence of a sum not exceeding one
pound.* Licenses to be III. That licenses shall be granted at Grand Turk by three granted by Justices of the Peace, whereof the Police Magistrate shall be one, three Justices
and in any other island by two Justices of the Peace. of the Peace. Licenses not
IV. That it shall not be lawful to grant any such license to any to be granted person who has been convicted of larceny, embezzlement, or of to persons con- receiving stolen goods, nor to any person under the age of twentyvicted of lar one years; and if any person having a license so granted to him or ceny, &c. .
her shall, during the period of such license being in force, be convicted of larceny, embezzlement, or receiving stolen goods, the
license held by such person shall be forthwith cancelled. Amnual tax of V. That every person obtaining a license under this Act shall £2 10s. for a pay therefor to the Magistrates granting the same the sum of two license to hawk
pounds ten shillings, and shall enter into a recognizance with one goods.
or more surety or sureties in the sum of ten pounds, with a condition under written to the effect following :--The condition of this recognizance is such, that if the above-named A. B. shall, during the period which he or she shall hawk or retail goods under a license this day granted to him or her, be of good behaviour, and not embezzle or wilfully destroy any articles intrusted to him or her to hawk or retail, then this obligation to be void, otherwise to
remain in full force. Name of per- VI. That every person hawking goods under the authority of son and num- this Act shall have his or her name, together with the number of ber of license
his or her license, marked in a conspicuous manner on every tray,
bis to be conspicuiously marked on basket, or other article used by him
basket, or other article used by him or her for the carriage of his
or her goods, under a penalty not exceeding ten shillings for every basket, &c. neglect. Constable to VII. That it shall be the duty of every constable, under a seize any tray penalty of one pound for every neglect, to seize every tray, basket, or basket not or other article used by any person for hawking or retailing goods marked and in and about the streets numbered.
in and about the streets or lanes of any island to which the proviPenalty for
sions of this Act shall extend, and which shall not be marked and neglect of duty. numbered as required by this Act; and every such tray, basket, or
other article, with the contents thereof, shall be detained and dealt
with in manner hereinafter mentioned. Persons carry
VIII. That every person carrying any such unnumbered tray, basing an unnum- ket, or other article as aforesaid, shall be liable, on conviction, to pay bered tray, a fine not exceeding ten shillings, or, in the discretion of the conbasket, &c., on
victing Justices, to be imprisoned in any lawful prison for any term conviction, to pay a tine. not exceeding seven days; and it shall be lawful for any constable,
without warrant, upon his own view, to arrest any person so offending, and to carry him or her before any one of Her Majesty's Justices of the Peace for the island, who may either liberate such party on bail, or commit him to prison until the final decision of the case as hereinbefore provided for.
of No Order in Council has as yet been issued under the authority of this clause. April, 1850.
IX. That whenever any goods are seized and detained under the No. 14. preceding provision of this Act, if upon the final adjudication of Act 9 Vic. the case it shall appear and be so adjudged that the party from c. 14. whose possession such goods were taken was not licensed under
Goods seized the authority of this Act to hawk or retail goods, then all such and detained, goods so seized shall, in the discretion of the convicting Justices, how to be disbe adjudged forfeited, or an additional penalty not exceeding five posed of. pounds be imposed, and so much of the goods sold as shall be sufficient to satisfy the penalties and costs, if the same are not otherwise paid ; but if it shall appear and be so adjudged that the party held a license, but had neglected to mark and number her tray, basket, or other article used for the carriage of his or her goods, in accordance with the preceding provisions of this Act, then, and in such last-mentioned case, the goods shall only be detained as a security for the payment of the penalty and costs, and shall, on payment thereof within any period limited by the convicting Justices, be re-delivered to the party from whose possession they were taken ; or if the penalty is not paid within such limited period, the same shall be sold by order of the convicting Justices, and the proceeds applied to the payment of such penalty and costs, and the overplus, if any, returned to the party entitled thereto: Provided nevertheless that should any person holding a license, as Proviso. aforesaid, be ill, or otherwise incapacitated from hawking or retailing goods, as aforesaid, it shall and may be lawful for the said Magistrates to grant permission to such person to employ some proper person, to be approved of by the said Magistrates, to hawk or retail such goods in their stead, for and during such period as to the said Magistrates shall seem expedient.
X. That it shall be the duty of the Magistrates granting any The Magislicense under the authority of this Act forthwith to pay over to the trates to pay Receiver-General and Treasurer, or Receiver of Colonial Duties, as over to the Rethe case may be, the sum of money by them received for such ceiver-General license, and shall at the same time furnish such Receiver-General them received and Treasurer, or Receiver of Colonial Duties, as the case may be, for granting a with the date of such license, and the name of the person in whose License. favour it was granted; and the Receiver-General and Treasurer, and Receiver of Colonial Duties, shall each keep a book, in which entries shall be made of all licenses so granted.
XI. That all amounts paid into the public Treasury on account of such licenses shall be appropriated in aid of the general revenue of the colony.
XII. That all fines, penalties, and forfeitures imposed by or Sums paid into recovered under the provisions of this Act shall be recoverable, the Public with costs, before any two of Her Majesty's Justices of the Peace Treasury to be
appropriated for these islands, and shall, when not fully liquidated under the in previous provisions of this Act, be leviable on the goods and Colony. chattels of the defendant or defendants : and all fines, penalties, Appropriation and forfeitures sball be, one half to the use of Her Majesty, her of fines. heirs, and successors, in aid of the support of the Government of the colony, and the other half to the person prosecuting for the same.
XIII. That nothing herein contained shall be construed to pro- Certain articles hibit the sale, without license, of milk, poultry, eggs, vegetables, may be sold grass, corn-blades, or the like: fruit, roots, firewood, fish, game, wit bread, cakes, corn-grist, rice, shells, sugar, coffee, mats, baskets,
in aid of the
No. 14. Act 9 Vic
brooms, cheese, salt meat, butter, lard, soap, or any articles of the growth and manufacture of the colony.
XIV. That this Act shall be and continue in force from and after the passing thereof, for and during the term of ten years, and from thence to the end of the then next Session of the General from thence Assembly, and no longer. *
Act to come into operation after the pass. ing thereof.
EIGHTH DIVISION.—POLICE ORDINANCES. No. 15.
No. 15.—ORDINANCE No. 12 of 1855. Ord. No. 12, 1855.
An Ordinance to regulate the Police of the Turks and Caicos Islands,
and for other purposes. (Passed 31st October, 1855. Con
firmed 20th March, 1856.) W HEREAS it is expedient that the laws in force for regulating
V the police of these islands should be amended and consoli
dated ; May it, &c. President to I. That so soon as this Ordinance shall come into operation it appoint a Po- shall be lawful for the President, from time to time, to appoint a lice Magistrate, fit and proper person, being a Justice of the Peace, to be the Police
Magistrate for this Presidency, who shall have full power to carry into execution this Ordinance, and all other Ordinances and laws which now. are, or hereafter may be in force, relative to the police
of these islands. and Assistant
II. That it shall be lawful for the President, from time to time, Police Magis to appoint, for the purposes of this Ordinance, some Justice of the trates,
Peace resident at each of the following islands, or districts, namely, one at Salt Cay, and not exceeding three at the Caicos; to be stationed at such districts as may be appointed by the President, to be Assistant Police Magistrates, who shall in the absence of the Police Magistrate of the colony, possess within their respective districts the same powers as are herein conferred upon the Police Magistrate : provided that where an appointment as police, or Assistant Police Magistrate, has been already made, it shall not be
necessary for a new commission to issue to any such persons. Their attend III. That the said Police, and Assistant Police Magistrates, shall ance.
give attendance at some public offices at such times and places as the President may hereafter direct, in order to receive complaints and informations, to take affidavits and depositions respecting all felonies, misdemeanours, trespasses, breaches of the peace, nuisances, and other offences, and to deal with the offenders according to law.
IV. That before the said police, or Assistant Police Magistrates, shall enter upon the duties of their office, they shall take and sub
scribe an oath of office as follows: Oath of office. I, A. B. do solemnly swear that I will, to the best of my know
ledge and ability, perform the duties of the office of Police (or Assistant Police) Magistrate for (insert the name of the place) SO HELP ME GOV.
* Continued by Ord. 10, 1851, and Ord. 2, 1857, for five years from 6th November, 1857.
V. And whereas it is necessary that salaries should be provided No. 15. for the Police Magistrate of the Presidency, and the Assistant Ord. No. 12, Police Magistrate at Salt Cay, be it therefore ordained, that so soon 1855. as any vacancy shall occur in the office of Police Magistrate, the person appointed to fill the same shall receive a salary at and after the rate of one hundred and fifty pounds per annum; and that so Police Magissoon as a vacancy shall occur in the office of Provost Marshal, the trate and ProPolice Magistrate shall be appointed to fill the said office, and post Mar
" to be conjoint shall then receive a salary at the rate of two hundred pounds per offices. annum for his services in both capacities; the said salary to be paid out of the Public Treasury by warrant in the usual manner : Provided always, that nothing herein contained shall be construed to apply to the receipt of the usual fees by the Police Magistrate Assistant Reof these islands, until a vacancy shall occur in the said office.-To ceiver-General the Assistant Police Magistrate at Salt Cay twenty-five pounds, on at
act as Assistant condition that the duties of the said office shall be discharged by Police Macisthe person officiating as Assistant Receiver-General.
trate. VI. That whenever a vacancy shall occur in the office of clerk Police Clerk in the police office, the same shall be held in conjunction with the and Chief Conoffice of chief constable; and such person shall be appointed by stable conjoint the President, and shall receive, by warrant in the usual manner,
by warrant in the usual manner appointments. an annual salary of twenty pounds for his services as such clerk.
VII. That it shall be lawful for the President to appoint fit and Appointment proper persons to act as constables for the said islands respectively, of Stipendiary not to exceed twelve in all, who shall take the oaths proper to such con office. And it shall be the duty of all constables at Grand Cay, not otherwise employed in the duties of their office, to attend the Supreme Court during its sittings; and such constables shall receive salaries according to the Schedule annexed, marked A, payable by warrant in the usual manner : Provided also that no such salaries made payable under this Ordinance shall be paid by virtue of the same, so long as provision is made by any other Ordinance for such salary.
VIII. That if any constable shall be guilty of any neglect, or Punishment violation of duty, or of any misconduct as a constable, on convic- for their mis
conduct. tion thereof, before the Police or Assistant Police Magistrate, he co shall be liable to such penalty as is hereinafter provided. .
IX. That it shall be lawful for the Police Magistrate at Grand Local ConstaCay, or Assistant Police Magistrate at Salt Cay, or the Caicos, with bles to be choany other Justice of the Peace, to cause to come before them on sen annually. some day in January in each year, any number of persons, not less than six, nor more than twelve, being resident inhabitants of such island or Cay; and from the names of the persons so summoned, one half of the number shall be drawn to serve as local constables for the ensuing year. And if by any means such constables shall not be drawn in the month of January, such omission may be supplied as soon as the same is discovered, and shall not in any way affect the legality of any appointments so made : Provided, however, that where it is not practicable to obtain the assistance of another Justice of the Peace, the Police, or Assistant Police Magistrate, may proceed alone to choose the constables as aforesaid : Provided also that no person shall be compelled to serve as such constable more than one year in three, nor while serving, to give attendance at the police office, nor to patrol the streets by night or