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given to divers inhabitants of these islands prior to the separation No. 4. of the same from the Bahama government are good and valid, and Ord. No. 9, it is expedient that all such doubts should be put at rest: Be it 1857. therefore further ordained that all parties holding lands at these
the Bahamas islands under any grant from any Governor of the Bahamas dated dec
declared to be prior to the separation aforesaid, shall be held and taken to be good valid. and valid to all intents and purposes.
of wife valid.
REGISTRY OF DEEDS, &c. No. 1.-51 Geo. 3, ch. 15. An Act to enable Husband and Wife, by No. 1.
Deed, to convey and alien the Plantations, Lands, and Tene- Act 51 G. 3, ments of the Wife, or of the Husband and Wife jointly, situate
and being within the Bahama Islands. (Dec. 28th, 1810.) W HEREAS it will tend much to the benefit and advantage of PREAMBLE.
the inhabitants of these islands, if husband and wife are enabled and authorized to convey and alien, by deed, the lands, tenements, hereditaments, and real estates whereof the husband and wife may be seized in right of the wife; or whereof the husband and wife may be jointly seized; May it, &c., That from and after Conveyances the passing of this Act, any deed or deeds, in due form of law, by Deed by made and executed by the husband and wife, of the plantations, husband and lands, and tenements of the wife, lying and being within the Bahama
wife of lands Islands; or of any plantations, lands, and tenements within the if executed same, whereof the husband and wife were seized in right of the with certain wife; or whereof the husband and wife were jointly seized ; and formalities. acknowledged before any one of His Majesty's Justices of the Courts of King's Bench and Common Pleas in England and Ireland, or of the Court of Session in Scotland, or the Sheriff depute of any county in Scotland, or of any of the Judges of the Superior Courts in any of His Majesty's colonies or dominions, shall, to all intents and purposes, be as effectual and valid in law, to pass all the estate, right, title, interest, and claim of the party or parties, and of each of them, to such deed or deeds, in, or to all, or any, the plantation or plantations, lands, tenements, hereditaments, and appurtenances, by such deed or deeds granted, conveyed, or made over, or thereby intended to be granted, conveyed, or made over to the person or persons, bargainee or bargainees, grantee or grantees, in the said deed or deeds mentioned, their heirs and assigns for ever; to whom, or to whose use, any estate in such plantation or plantations, lands, tenements,. hereditaments, and appurtenances, is by the said deed or deeds limited, bargained, sold, granted, or conveyed, according to the several limitations in the said deed or deeds contained, as if the party or parties to the said deed or deeds from whom the interest moves had levied a fine or fines with proclamations, or suffered a common recovery or recoveries of such plantation or plantations, lands, tenements, hereditaments, and appurtenances in any of His Majesty's Courts of Record at Westminster, or within these islands, and duly executed deeds, leading the uses of such fine or fines, or declaring the uses of such recovery or re
No. 1. coveries to be to such bargainee or bargainees, grantee or grantees, Act 51 G. 3, their heirs and assigns for ever; to whom, or to whose use, such c. 15. plantation or plantations, lands, tenements, hereditaments, and
appurtenances are, by the deed or deeds so to be executed and acknowledged as is above mentioned, limited and conveyed; or that the same and every part thereof had been bargained, sold, conveyed, or set over, by any, the firmest deed or deeds, conveyance or con
veyances, assurance or assurances, in the law, that could be advised Proviso.
or devised by council learned therein : Provided always, nevertheless, that the wife, who is a party to any such deed or deeds, be of full age at the time of the execution thereof, and be privately and apart examined before the Judge or Sheriff depute, before whom such deed or deeds is, or are acknowledged ; and doth declare that she executed the same freely, voluntarily, and without fear, dread, or compulsion of her said husband : And provided also, that the acknowledgment of the execution of such deed or deeds by the party or parties executing the same, and the examination of the wife, shall be indorsed on such deed or deeds, and subscribed by the Judge or Sheriff depute, before whom they are taken.*
No. 2.—2 Geo. 4, ch. 32. An Act concerning certain Probates of
Deeds in the United States of America, and to suspend an Act
therein mentioned. (Jan. 23rd, 1822.) W HEREAS it is expedient that deeds executed or witnessed
W by persons resident in the United States of America should be capable of being proved and recorded without the actual presence in these islands of the persons so having executed or witnessed the same ; Be it, &c., That when it shall be duly certified that any conveyance, gift, grant, bargain, sale, assignment, release, mortgage, letter of attorney, or other deed whatsoever, under seal, has been acknowledged by the person or persons who executed the same, or proved by one of the subscribing witnesses thereto, under oath, or by affirmation where the witness is a Quaker, before His Majesty's Consul-General in and for the said United States, or any other Consul or Vice-Consul of His Majesty residing in the said United States, or territories thereunto belonging, or before one of the Judges of the Supreme Court of the said United States, or before the Chief Justice of any one of the said States, or before a notary public duly commissioned, and acting as such in any of the said States or territories thereunto belonging, such conveyance, gift, grant, bargain, sale, assignment, release, mortgage, letter of attorney, or other deed, may lawfully be recorded in the office of the secretary of these islands, upon the production thereof, accompanied with such certificate as aforesaid ; and any deed so recorded, or the record thereof, or any copy of the record thereof, certified under the hand of the said secretary or his lawful deputy, shall be allowed and received as evidence in any Court of Law or Equity within these islands, in as full and ample a manner as if the said
Such record to be good evidence.
* By 5 Wm. 4, c. 24, ante, part 2, class 4, No. 4, the Justices of the General Court are authorized to appoint Commissioners on the Out-islands for the better carrying into effect the provisions of this Act.
deed was actually produced and proved in such Courts, by the oath No. 2. or affirmation of one of the subscribing witnesses to the execution Act 2 G. 4, of the same: Provided, however, that when the acknowledgment or c. 32. proof of any such deed, as aforesaid, shall have been taken before one of the Judges of the Supreme Court of the said United States, or before a Chief Justice of any of the said States, or before a notary public, as aforesaid, no certificate of such acknowledgment or proof shall be valid, so as to entitle the holder of such deed to record the same, as aforesaid, or to use the same in evidence, as aforesaid, unless to such certificate there be annexed a further certificate, from His Majesty's Consul-General for the said United States, or some other Consul or Vice-Consul of His Majesty residing in one of the said United States, or a certificate under the Great Seal of the said United States, or of one of the said States, certifying the said Judge, Chief Justice, or notary public to be such, and that full faith and credit is due to his acts as such; any thing in this Act hereinbefore contained to the contrary notwithstanding.
II. That the probate of any last will and testament taken before Probate of any officer authorized to take probates of wills in any of the said Wills exempliStates, and exemplified under the seal of the State where such pro
State Seal, to bate shall have been taken, shall be, and the same is hereby de- be
be valid. clared to be as good and effectual in the law as if such probate had been taken before the ordinary of these islands; any law, custom, or usage to the contrary notwithstanding.
III. That all conveyances, letters of attorney, or other deeds Deeds recorded heretofore recorded in the proper office established by law in these previous to islands, which shall have been executed agreeably to the provisions
valid. now pointed out by this Act, shall be valid in law, to all intents and purposes whatever.
IV. Suspends 36 Geo. 3, ch. 8.
this Act to be
No. 3.-ORDINANCE No. 3 of 1852.
Ord. No.3, An Ordinance to provide for the Public Registering and Recording of
1852. Deeds, Wills, Agreements, and all other Writings within the Turks and Caicos Islands, and for other purposes therein mentioned.
(Passed 23rd July, 1852. Confirmed 23rd Feb., 1853.)
HEREAS it is expedient that the laws now in force for regu- PREAMBLE. VV lating the office of Registrar of Deeds for the Turks and Caicos Islands should be revised and amended; May it, &c.
I. That all deeds and conveyances, gifts, grants, releases, bar- Deeds, &c., to gains, sales, mortgages, powers of attorney, wills, or other writings be registered. whatsoever already made and executed, or which, from and after the allowance of this Ordinance shall be made and executed, of or concerning, or whereby any lands, tenements, or hereditaments, vessels, or other estate may be in any way affected in law or equity, as also any agreement, letter, account, or other writing (except promissory notes or bills of exchange) not under seal may, at the election of the party or parties concerned, be lawfully registered, enrolled, and recorded in such manner as is hereinafter directed and required.
No. 3. II. That the public office for the registering and recording such Ord. No.3, deeds and other papers shall be established and kept at the office
1852. of the Colonial Secretary at Grand Turk, and be managed and C iT executed by the said secretary for the time being, who shall be ertarr's office to officio registrar of deeds and other writings for the Turks and Caicus be the Office of Islands, or by his sufficient deputy; and that before any deed, conRegistrar. veyance, or other writing shall be entered, registered, and recorded Colonial Secre- as aforesaid, the due execution thereof shall be proved before the tary to be exofficio Regis
said registrar or his deputy by the acknowledgment of the party trar.
or parties executing the same, or by the oath of one or more subProof of deals,
scribing witness or witnesses, or, if such witness or witnesses happen &c., before
to be of the people called “Quakers," then by the solemn affirmaregistering, tion of such witness or witnesses, and if such witness or witnesses how made. is or are dead, or absent from these islands, then upon proof being
made before such registrar or his deputy, of such death or absence, by oath or solemn affirmation as aforesaid, it shall be lawful for such registrar or his deputy to receive proof of the handwriting of such subscribing witness or witnesses, and also of the signature or handwriting of the party or parties executing such deed, conveyance, or other writing by the oath or solemn affirmation of one or more creditable witness or witnesses in manner aforesaid ; and upon such proof so made and given, the said registrar shall be
authorized to record the deed, conveyance, or writing so proved. Probate of
III. And be it further ordained, That whenever any letters tosWills, &r., totamentary, or letters of administration, shall be granted by the be registered. Ordinary of these islands, it shall be the duty of the said Ordinary
to have the will of the deceased and probate thereof (where there is a will), and the inventory and appraisement of the estate of the deceased recorded in the said office, and the certificate of the said
Ordinary indorsed upon any such will, that the same was duly Proof thereof. proved before him, and upon any such inventory and appraise
ment, that the same was duly executed and filed with him, shall be sufficient to authorize the said registrar or his deputy to recon
the same. Certificate of IV. That the said registrar or his deputy shall indorse a certifiRegistry. cate on every such deed, conveyance, or other writing, and therein
mention the certain day, hour, and time on which such deed is so entered, registered, and recorded, expressing also in what book, page, and number the same is inserted, and that the said registrar or his deputy shall sign the said certificate when so indorsed; which certificate shall be taken and allowed as evidence of such respective registries in all Courts of Record whatsoever within these islands; and that every page of such register books, and every deed, conveyance, and other writing that shall be entered therein shall be numbered, and the day of the month, year, hour, or time of day when the same is registered and recorded, shall be entered in the margins of the said registrar's books, and of the said deed, or conveyance, or other writing; and that the said registrar shall duly enter, register, and record the said deeds, conveyances, or other writings in the same order that they shall respectively come
to his hand ; and that he shall, before he enters upon the execution Registrar and of the said office, be sworn before two or more members of the his deputies to
Council of these islands in these words: “You shall truly and be sworn.
faithfully perform and execute the office and duty that is required · by Ordinance No. 3 of 1852, in entering, registering, and recording
olony to be
deeds, conveyances, wills, and other writings within the Turks and No. 3. Caicos islands so long as you shall continue in the said office : Ord. No. 3, “SO HELP YOU GOD;” which oath shall be administered
1852. in like manner to his deputies, to be by him appointed.
Form of oath, V. That every such registrar shall give due attendance at his Hours of atoffice, by himself or deputy, between the hours of ten and three, tendance. every day in the week (Sundays and holydays excepted), for the despatch of all business belonging to the said office; and that every such registrar or his deputy, as often as required, shall make search concerning all deeds that are registered as aforesaid, and give copies thereof and certificates under his hand, if required by any person, for which he shall receive a fee, at and after the rate hereinafter specified ; and if any such registrar or his deputy shall , neglect to perform his or their duty in the execution of the said office, according to the rules and directions in this Ordinance mentioned, or commit, or suffer to be committed, any undue or fraudulent practice in the execution of the said office, and be thereof lawfully convicted, that then such registrar shall pay treble damages, with full costs of suit, to every such person or persons injured thereby, to be recovered by a special action on the case in the Supreme Court of these islands.
VI. That all deeds and conveyances, gifts, grants, releases, bar- Deeds made gains, sales, mortgages, powers of attorney, wills, or other writings out of the whatsoever, made and executed by any person or persons residing
recorded. or being in any part of the United Kingdom of Great Britain and Ireland, or other her Majesty's dominions; or in any foreign state, city, town, or place, and acknowledged, or to be acknowledged by the party or parties executing the same, or proved by one of the subscribing witnesses thereto, under oath or by affirmation, where the witness is a Quaker, before any Mayor or Chief Magistrate of any city, borough, or town corporate in the said United Kingdom or other Her Majesty's dominions, or before any Consul or ViceConsul of Her Majesty resident in such foreign state, city, town, or place; and if there shall be no Consul or Vice-Consul so resident, then before the Chief Judge, or Magistrate, or Notary Public of such foreign state, city, town, or place, and certified and transmitted under the common seal of such city, borough, or town corporate, or the seal of the office of such Mayor or other Chief Magistrate, or under the seal of such Consul, or Vice-Consul, or of such Chief Judge, or Magistrate, or Notary Public of such foreign state, city, town, or place, may lawfully be recorded by the said registrar or his deputy in the said office upon the production of the same, without any further or other proofs of the execution thereof: Provided, Probate thereof however, that when the acknowledgment or proof of any such deed, conveyance, or other writing as aforesaid shall have been taken before the Chief Judge, Magistrate, or Notary Public of any foreign state, city, town, or place, no certificate of such acknowledgment shall be valid for the purpose aforesaid, unless to the certificate of such Chief Judge, Magistrate, or Notary Public there be annexed a further certificate from one of Her Majesty's Consuls or other representative of the British Government residing within such foreign state, city, town, or place, setting forth that the said Chief Judge, Magistrate, or Notary Public is the holder of such office, and that full faith and credit is due to his acts as such.