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XXVII. That no sentence of a General or Regimental Court No. 2. Martial shall be carried into execution, until after the report of the Clauses of whole proceedings shall have been made to the President, and his Ord. No. 5, directions received thereon.
1859, XXVIII. That a record of the proceedings of every such General which apply to Court Martial shall be made and kept by the Judge Advocate, or
Rifle Corps. his deputy, and be open to the perusal and inspection of the officers Record of of Militia ; and a similar record shall be made by the clerk of every ceedings to be Regimental Court Martial, subject to the perusal and inspection as kept. aforesaid, the same to be kept by the adjutant.
XXIX. That all buildings provided for the use of the Militia, Under whose and all military equipments, provisions, or stores for the use of the care all buildsame, shall be under the care and inspection of some person or ings and Mille
tary equippersons appointed by the President for that purpose. And such me person or persons who shall embezzle any money or fraudulently to be placed. misapply or damage any military equipments, provisions, or stores, belonging to the Militia force, or be concerned in, or connive at such embezzlement, fraudulent misapplication or damage, may be tried for the same by a General Court Martial, which may adjudge any such offender to be cashiered, and to suffer such other punish- Misapplication: ment as such Court shall think fit, according to the nature and of same, how degree of the offence; and every such offender shall, in addition to puni any other punishment, make good, at his own expense, the loss and damage sustained, which shall be ascertained by such Court Martial; and the loss and damage so ascertained shall be recovered in manner hereinafter directed.
XXX. That any non-commissioned officer or private of the Abuse of arms, Militia who shall embezzle, misuse, injure, or negligently lose, or &c., how punwho shall wilfully suffer to be misused or injured, any military ished. equipments furnished to him, or shall carry away, or suffer to be carried away, from the island on which he may be enrolled, any such military equipments, except in obedience to lawful orders to that effect, he shall be liable to pay treble the original cost of the article or articles so misused or injured, lost, or carried away, as aforesaid, to be recovered, with costs, before any magistrate in a summary way; and any person who shall buy any such military equipments, knowing the same to be such, either at public or private sale, shall forfeit the sum of ten pounds, to be recovered with costs in manner hereinafter directed; and any person with whom any such military equipments may be deposited for sale is hereby required to deliver the same to the proper person authorized to take charge of such military equipments, otherwise he shall be Penalty for deemed to be the purchaser thereof; and it shall be the duty of the buying militia person having charge of the military equipments as aforesaid, to arms. cause all offenders in the premises to be proceeded against in manner aforesaid.
XXXI. That it shall not be lawful for any person liable to do Militia men duty in the Militia, to whom military equipments appertaining to not to leave the said Militia shall have been issued, to leave this colony without having delivered up all such military equipments to the proper livering up person anthorized to receive the same, under a penalty of five arms, &c.* pounds, to be recovered before a magistrate in a same manner; and it shall be the duty of such person, on the receipt of such military equipments, to give a certificate of such delivery.
XXXIII. That it shall be the duty of the corporals of the
No. 2. several companies to summon the men belonging to their respective Clauses of companies to attend all general musters, drills, patrolling parties, Ord. No.5, or other duty; and any corporal neglecting to summon any man 1859,
upon his muster-roll, shall be subject to the same fine as such man which apply to would have been subject to if he had been duly summoned and had Rifle Corps.
made default in attending; which fine shall be recovered as other Corporals to fines from defaulters : Provided always, that nothing herein con
tained shall extend, or be construed to extend, to prevent any officer, or non-commissioned officer, or any private acting under the orders of any officer, or non-commissioned officer, from summoning the men of the company to which such officer, or non-commissioned officer shall belong, to attend any such parade, general muster, review, drill, company muster, or patrolling party; or to perform
such other duty as aforesaid. Maintenance XXXVII, That any indigent non-commissioned officer or of wounded
private, who shall be wounded or disabled in defence of the colony, inen.
shall be maintained at the public expense, so long as he shall con
tinue disabled. Militia rules XXXIX. That all other matters which relate to the discipline in force.
of the Militia, the rank of officers, and the proceedings of Courts Martial, shall be regulated, as nearly as may be, according to the
rules and discipline of the British army. Misconduct, XL. That all violations of this Ordinance, all scandalous conduct how
in officers of Militia, and all offences to the prejudice of order and discipline, whether in officers, non-commissioned officers, or privates, shall be taken cognizance of and punished by sentence of a General or Regimental Court Martial, according to the nature and degree of the offence, and as nearly as may be according to the articles of war; provided, however, that in no case shall it be lawful for any
such Court Martial to sentence to corporal punishment. How sum
XLIV. That all summonses directed by this Ordinance to be monses to be
given, may be given either verbally or in writing, and, if in writing, delivered.
may be left at the usual place of abode of the party summoned, with any person there found; or affixed to the door, or on some other part, either inside or outside of the house, in which such party shall usually reside; and in any proceeding for non-obedience to any such summons, it shall be sufficient for the party complainant to prove the service of such summons, in one or other of the ways aforesaid, and the burthen of all other proof shall lie in the party
defendant. The President XLV. That the President shall be, and he is hereby empowered may remit
at his discretion to remit the whole or any portion of any fine, fines, &c.
penalty, or forfeiture incurred under the provisions of this Ordi
nance. Persons sued XLVII. That if any person shall be sued for anything done by may plead the
virtue of this Ordinance, it shall be lawful for such person to plead general issue.
the general issue, and give this Ordinance and the special matter in evidence; and if judgment be given for the defendant, or the plaintiff be nonsuited, or his suit be discontinued or abated, such defendant shall be entitled to double costs.
Class I.-TITLES TO LAND.
TITLES TO LAND.
ments within the said Islands. (Passed 24th Oct. 1855.
Confirmed 14th July, 1856.) W HEREAS an Ordinance No. 6 of 1854, which passed the PREAMBLE.
W Legislative Council of these Islands on the seventeenth day of October, one thousand eight hundred and fifty-four, entitled “ An Ordinance for the better assuring Lands, Tenements, and Hereditaments within the said Islands," has been found to contain two sections objectionable in reference to the time allowed for the purposes therein mentioned ; and it is expedient that a similar Ordinance should be enacted free from the objections adverted to. And whereas from the period of the first settlement of these islands, the usual tenure of land within the Turks Islands was that of occupancy, under a license from the Chief Magistrate called the King's Commander; and the majority of the present occupiers of such lands have no fee simple in the same. And whereas many persons having expended large sums of money in the improvements of such lands, and have been permitted by the Crown to continue in undisturbed possession of the same, and have, from time to time, conveyed such land to third parties and their heirs, without having any legal right or title to the same. And whereas, it would remove the many inconveniences and evils which arise from such an uncertain tenure of land, and would tend to increase the value of real estate if the parties occupying lands as aforesaid were enabled to obtain, at a reasonable charge, an indefeasible estate of inheritance in fee simple in such lands and tenements ; May it therefore please the Queen's Most Excellent Majesty that it may be ordained by his Honour James Misick, Esquire, Senior Member of Council, administering the Government of the Turks and Caicos
No. 1. Islands, and the Legislative Council of the said islands, under the Ord. No. 8, supervision of the Captain-General and Governor-in-Chief in and 1855. over the Island of Jamaica ; and it is hereby ordained by the
authority of the same : Claimants of 1. That all persons, who, prior to the separation of these islands land by oce from the Bahama Government, occupied, or claimed to be the cupancy may
owner by occupancy, of any land within the Turks Islands, or obtain grants in fee simple.
whose claim may be derived from any one so occupying any land at the said period, may, in the manner hereinafter mentioned,
apply for a grant in fee simple for the same. How grants II. That every person desirous of obtaining grants in fee simple are to be for lands so owned or occupied by him as aforesaid, shall file in obtained.
the office of the Clerk of the Crown a petition in writing according to the form contained in the Schedule to this Ordinance annexed, praying that a grant may be issued to him under the seal of the
colony, by which an estate in fee simple in the same may be conProviso 1.
veyed to him : Provided always, that all such petitions shall be filed within twelve months from the period of the Proclamation in
these islands of the allowance of this Ordinance by Her Majesty.* Petition for III. That upon receipt of such petition, it shall be the duty of grant to be the Clerk of the Crown to file the same, and to indorse thereon the filed in the
date of its receipt, and the said petition to number. And it shall office of the
also be the duty of the said Clerk of the Crown to keep a proper Clerk of the Crown.
book, entitled “ Petitions for grants of Land,” in which he shall enter the number of each petition in numerical order, the date of its receipt, the name of the petitioner, and a description of the land
claimed. Public notice IV. That within thirty days after the filing of such petition, the to be given
Clerk of the Crown shall publish, or cause to be published in the thereof.
Government newspaper of the colony, for three consecutive weeks, a notice of such petition having been filed, describing as in such
petition, the land applied for or claimed. Caveat may
* V. That it shall be lawful for the Queen's Advocate, at the be filed.
instance of the Crown Surveyor on behalf of the Crown, and for any other person in his own behalf, either by himself, his agent, attorney, or counsel, to file in the office of the Clerk of the Crown
a caveat against the prayer of the petitioner, stating the grounds Proviso. thereof: Provided always that in all cases where a caveat is filed,
the same shall be entered within twelve months from the date
of the first publication of the notice of the petition for such land. Question of VI. That whenever any caveat shall be filed as aforesaid, the title to be party filing the caveat or the party petitioning for the land may
bring the question of title before the Supreme Court of these the Supreme
islands for decision. And either of such parties may cause such Court.
question to be decided by giving ten days' notice to the opposite party of his intention so to do. And such parties shall cause the particular grounds of their claims respectively to be set forth in writing; and the same to be filed in the office of the Clerk of the Crown at least seven days before the sitting of the Court. And if after such notice either party shall neglect or refuse to attend at the Court, or to set forth in writing the grounds of his claim, the case may be heard ex parte, and be determined according to the
merits of such case. By Jury. VII. That if in any case a disputed question of fact should
* Proviso 2 is repealed by Ordinance No. 2 of 1856.
arise, the same shall be determined by a jury, to be empanelled for No. 1. that purpose..
Ord. No. 8, VIII. That the Judge of the said Court shall have full power 1855. and authority to summon and compel the attendance before him of all such persons whom the parties aforesaid, may require to be be summoned. summoned for the purpose of giving evidence touching the title to any such land, and all such persons to examine on oath, and also to compel the production of any books, papers, title-deeds, or transfers which they may deem necessary to be produced for the purpose aforesaid ; and if any person so examined as aforesaid shall commit wilful and corrupt perjury upon any investigation or trial under this Ordinance, every person so offending shall be deemed guilty of a misdemeanour, and, on conviction thereof, shall suffer such punishment by imprisonment, with or without hard labour, as the Court shall adjudge; provided such imprisonment shall not exceed twelve calendar months. · IX. That the Judge of the said Court shall have power to frame The Judge to rules and regulations for the more correct and expeditious transac- frame rules, tion of the business to be decided by the said Court under this?
of by the Ordinance ; provided that such rules and regulations shall be ap- Legislative proved of by the President and the Legislative Council.
X. That if after the expiration of twelve months from such first Grant to be publication as aforesaid of any petition, no caveat shall be filed as issued after aforesaid, it shall be lawful for the President, upon receipt of a 12 months'
publication of certificate from the Crown Surveyor, that he has received payment
petition. of the sum or sums due in respect of any such lands as aforesaid, together with the expenses incident thereto and hereinafter specified, to issue a grant in fee simple under his hand and the seal of the colony for the lands petitioned for.
XI. That for every grant for a lot of land known as a “ Town Price of lot,” the party receiving such grant shall pay at the rate of four Town lots. pounds per acre; and for every “ Suburban lot,” one pound per Suburban lots. acre ; and for every grant for a lot known as a “Plantation lot,” one Plantation lots. shilling per acre: Provided always that in all grants made under this Ordinance such reservations for public roads, or footpaths, or other public purposes, shall be made as shall, by the President, by and with the advice and consent of the Executive Council, be deemed proper and expedient. And if such reservation shall be Reservations made out of any land to which any valid claim of occupancy can for public be shown, the same shall be valued by appraisers (one to be appointed by the President on behalf of the Crown, and one to be appointed by the claimant), who may if necessary appoint an umpire, whose decision shall be final; and upon such valuation being paid to the party claiming such land, all title to the same shall forthwith vest in the Crown.
XII. That for the purposes of this Ordinance the Town at Definition of Grand Cay shall extend from “Frederick Street " northwardly to Towns and
Suburbs. “ James Street” southwardly, and from East or Pond Street eastwardly to the sea westwardly. The town at Salt Cay shall extend from the “Bluff” or “North Street” northwardly to “ Creek” or “ South Street" southwardly, and from “Lightbourn Street,” “ Victoria Street," and " South-well Street” eastwardly to the sea westwardly. And the suburbs of the said towns shall extend from the boundaries of the towns as given herein to the limits fixed by the Government Notice of the third day of Novem