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No. 11. charge made against the public is correct ;- and all such sums of Ord. No.1, money shall be paid out of the public Treasury, by warrant in the 1858. usual manner.
XVIII. That the Provost Marshal or his lawful deputy, (to Remuneration
whom all writs of election for members of Council at Grand Turk for holding Elections.
shall be directed, and every justice of the peace or deputy Provost Marshal, executing a writ of election at any other island, shall be entitled to have and receive out of the public Treasury, by warrant in the usual manner, for executing every such writ and making a due return thereto, the sum of Three pounds and no more; and the person taking the poll in any division, or subdivision, or district, shall be entitled to receive out of the public Treasury in like manner the sum of Two pounds for his trouble in
taking such poll. Laws repealed. XIX. That the several Acts of the Bahama Legislature for regu
lating the registration of voters, known as the 8th Vic. ch. 29; and the 9th Vic. ch. 11, shall be and they are hereby repealed, save and except so far as they or either of them repeal any part of the laws formerly in force relating to elections.
List of Persons entitled to Vote at the Election of Members of Council for
during the Year 18 ..
No. 12. Ord. No. 3,
No. 12.-ORDINANCE No. 3, 1858.
Council of these islands. (Passed 9th June, 1858. Con
firmed 6th December, 1858.) W HEREAS by an Order of Her Majesty in Council dated at
VV Osborne House, in the Isle of Wight, the eleventh day of August one thousand eight hundred and forty-eight, made in pursuance of authority in that respect granted to Her Majesty, by virtue of an Act of the Bahama Legislature, 11 Vic. ch. i, known as the Turks Island Separation Act, of the four members to be elected, and to compose the one half of the Legislative Council of these islands, it was amongst other things ordered : that two of the said members were to be elected by the taxpayers of the Turks Islands who were able to read and write, and two were to be elected by the taxpayers of the Caicos Islands who were able to read and write.
to return three
And whereas it is just and expedient that there should be a re- No. 12. apportionment of the said elective members more in accordance Ord. No. 3, with the relative number of population and property to be repre- 1858. sented in each of the districts aforesaid ; May it, &c.
I. That subject to the provisions of the said Order in Council Taxpayers of in all other respects, it shall and may be lawful for the taxpayers Turks Islands of the Turks Islands, who are able to read and write, to elect and
members. send three members to represent them in the Legislative Council of these islands; and it shall and may be lawful for the taxpayers Taxpayers of of the Caicos Islands, who are able to read and write, to elect and the Caicos
Islands to resend one member to represent them in the said Legislative Council, anything contained in the aforesaid Order in Council to the con- ber. trary notwithstanding.
II. That the provisions of this Ordinance shall not come into operation until Her Majesty's assent and confirmation shall have been proclaimed within these islands.
turn one mem
duct in Council.
No. 13.-ORDINANCE No. 1, 1859.
Ord. No. 1, An Ordinance to preserve Order during the sittings of the Legislative 1859.
Council for the said islands. (Passed 30th August, 1859.
Confirmed 26th January, 1860.) W HEREAS it is indispensably necessary that the President of PREAMBLE.
V the Legislative Council of these islands should be duly enabled and empowered to preserve order during the sittings of the said Council, and as at present the said President hath no legal authority or power by means of which such order can be enforced and maintained; May it, &c.
I. That during the sitting of the Legislative Council, any Penalty for member, adjudged by the President of the Council to be out of disorderly con: order, may be called to order by the said President, and if any member of Council, after having been called to order as aforesaid, shall persist in being disorderly, he shall be liable for the first offence to a fine of Five pounds, and to a further fine of Ten pounds for every subsequent offence committed during the same meeting of Council.
II. That every and all such fine and fines shall be forthwith Fines, how made and levied on the goods and chattels of the offender by the levied., Provost Marshal of these islands, for the time being, on receipt of a warrant or warrants under the hand and seal of the said President of the Council, and every and all such fine and fines when recovered shall be appropriated and applied to and for the use of Her Majesty, her heirs and successors, towards the support of the Government of these islands.
III. That by the term “President” in this Ordinance shall be understood to mean the President or Officer administering the Government for the time being, and by the term “Provost Marshal” shall be understood to mean the Provost Marshal or other person acting as such.
LAWS REMOVING CIVIL DISABILITIES.
islands, a certain Statute of the United Kingdom of Great
Statute 10 Geo. 4, c. 7, declared to be in force in the Colony.
No. 2. No. 2.-4 Wm. 4, ch. 1. An Act to relieve His Majesty's Free,
Coloured, and Black Subjects of the Bahama Islands, from all c. 1.
Civil Disabilities. (September 27th, 1833.) Preamble, re- W HEREAS, An Act made and passed in the second year of citing 2 Geo. 4, W the reign of His late Majesty, George the Fourth, entitled, c. 37.
“An Act to extend certain privileges of persons of free condition
within these islands," and An Act made and passed in the fourth 4 Geo. 4, c. 2.
year of the reign of His said late Majesty, entitled, “ An Act for granting a further extension of privileges, to certain free persons of
colour, in certain cases," and An Act made and passed in the tenth 10 Geo. 4, c. 10. year of the reign of His said late Majesty, entitled, “ An Act to
amend an Act, entitled, An Act for consolidating the several Acts for regulating elections, and the qualifications of Members of the General Assembly of these islands, and of electors; and for ascertaining and describing the limits and bounds of the several islands and districts within this Government, which send representatives to the General Assembly, and for other purposes therein mentioned," do not sufficiently remove the disabilities to which His Majesty's free, coloured, and black subjects, are subjected within these islands; And whereas, it is highly necessary and expedient that all such disabilities should be removed, Be it, &c., That from and
after the passing of this Act, all coloured and black persons born, Free born, or to be hereafter born, in a state of freedom, being British born coloured, or subjects, or foreigners duly naturalized, (natives of Africa, or of black persons
any of the islands contiguous thereto, alone excepted,) shall and admitted to the same privilege
ce may be adjudged and taken, and are hereby declared to be entitled as white per within these islands, to have and enjoy all the rights, privileges,
and immunities whatsoever, to which they would have been entitled if born of, and descended from, white ancestors.
II. That all coloured and black persons born, or who shall Manumitted Negroes, after hereafter be born in any island, colony, dominion, fort, settlement, having been factory or territory, belonging to, or in the possession of, His two years free, Majesty, and foreigners duly naturalized, (natives of Africa, or of to be entitled
the islands contiguous thereto, alone excepted,) and who were or to same right as free-born
shall be at the time of their birth in a state of slavery, but who persons. now are, or hereafter shall be, lawfully manumitted by or on behalf
of their owners, by deed, will, or otherwise, or by judgment of the General Court, or sentence, order, or decree, in the Court of Vice Admiralty of these islands, shall and may (after having actually and bona fide enjoyed a state of freedom for the space of two years)
be adjudged and taken to be free-born, and entitled within these No. 2. islands to all the rights, privileges, immunities, and advantages Act 4 W. 4, granted by this Act to free-born, coloured, and black persons : c. 1. Provided always, that nothing in this clause contained shall be held to deprive manumitted persons who, at the time of the passing Proviso. of this Act, shall not have actually and bona fide enjoyed a state of freedom for two years, as aforesaid, of any rights or privileges which they at present enjoy, or to lessen the same in any degree whatsoever ; but that every such manumitted person, as aforesaid, shall, from and after the passing of this Act, and every slave hereafter to be manumitted, as aforesaid, immediately upon his or her manumission, become, and be held and considered, competent to give evidence in any of the Courts of civil or criminal jurisdiction within these islands, and to enjoy all and every the rights and privileges used and enjoyed by manumitted persons, previous to the passing of this Act.
III. That nothing in this Act contained, shall be held to dis- All free perqualify any free person whatsoever from giving testimony in any sons entitled of the Courts of Civil or Criminal Jurisdiction within these islands, to give evibut that all such free persons shall, from and after the passing of
dence in Courts
of Law. this Act, be held and considered competent to give evidence in every such Court, as aforesaid, against any person or persons whomsoever : Provided also, nevertheless, that no native of Africa Proviso relative
to Natives of shall be considered or be held competent to give evidence in any
Africa. of the Courts aforesaid, until he or she shall have been resident within these islands for the space of six years, unless he or she shall produce, before the Prothonotary of the General Court, a certificate from the clergyman of the parish, in which he or she may be resident, or, in the absence of such clergyman, from any Justice of the Peace, that he or she is fully qualified to give such testimony, and that he or she perfectly understands the nature and obligation of an oath; which certificate shall be recorded in a book to be kept, by the Prothonotary for the purpose. *
IV. That the said herein before recited Act of the tenth of Repeals 10 George the Fourth, and every clause, matter, and thing therein Geo. contained, and also all other Acts and clauses of Acts in any way Acts
and all other repugnant to this Act be, and the same is, and are hereby repealed nant to this and made null and void to all intents and purposes whatsoever, Act. anything in the said Acts or clauses of Acts contained, to the contrary notwithstanding.
No. 3.–5 Wm. 4, ch. 9. An Act to amend an Act of the General No. 3.
Assembly of these islands, entitled, “ An Act to relieve His Act 5 W. 4,
c. 9. Islands, from all Civil Disabilities.” (October 6th, 1834.) W HEREAS, in and by an Act of the General Assembly of Preamble, re
V these islands, made and passed in the fourth year of your citing 4 W. 4, Majesty's reign, entitled, “ An Act to relieve His Majesty's free, c. 1. coloured, and black subjects of the Bahama Islands from all civil disabilities,” all the rights, privileges, and immunities to your
* This proviso is virtually repealed by the 2nd sec. 5 Wm. 4, ch. 9, post, No. 3.
No. 3. Majesty's white subjects belonging, or by them enjoyed, are exAct 5 W.4, tended to coloured and black persons of free condition, with certain c. 9. exceptions, and under certain restrictions, and it is expedient that
the said Act should be amended ; May it, &c., That from and after Persons of the passing of this Act (with the exception alone of Africans beAfrican birth
longing to any of the negro races captured from slave vessels, and or descent, with exception
brought into these islands by any of your Majesty's vessels of war, of captured
who may not have resided within the Government seven years) African
persons of African birth or descent, shall be subject to no disability ject to no dis to which persons of European birth or descent are not also subject, ability to which Euro
anything in the aforesaid Act of Assembly to the contrary notpeans are not
withstanding: Provided, however, that the same doth, and shall also subject. not extend to interfere in any way whatever with the restrictions Proviso rela- imposed by an Act of Assembly of the said fourth year of your tive to appren- Majesty's reign, chapter twenty-one, upon those black and ticed labourers.
coloured persons recently manumitted, and now held as apprenticed labourers, by virtue of the Act of Parliament for the abolition of slavery, to which the said Act of Assembly is auxiliary, during the
term of apprenticeship of any such persons. All natives of II. That form and after the passing of this Act, all persons Africa compe- being natives of Africa, or of any of the islands contiguous thereto, tent witnesses shall, and are hereby declared to be competent witnesses, in all in Courts of Law, &c.
prosecutions, trials, and legal proceedings, civil and criminal, in all Courts of law and equity within these islands, subject, nevertheless, to the same rules of evidence as other persons are, or may be, anything in the hereinbefore recited Act, or in any other Act of the General Assembly of these islands, to the contrary, notwithstanding.
NATURALIZATION OF ALIENS. No. 1. No. 1.–11 Vic, ch. 4. An Act for facilitating the Naturalization Act 11 Vic.
of Aliens. (March 22nd, 1848.) c. 4.
W HEREAS, in and by an Act of the Imperial Parliament of PREAMBLE.
VV Great Britain and Ireland, passed in the tenth and eleventh Reciting Act years of your Majesty's reign, entitled “An Act for the Naturaliof Parliament sation of Aliens," it is amongst other things enacted and declared, 10 & 11 Vic.
that all laws, statutes, and ordinances, which shall thereafter be C. 83.
made and enacted, by the Legislatures of any of Her Majesty's colonies or possessions abroad, for imparting to any person or persons, the privileges, or any of the privileges of naturalization, to be by any such person or persons, exercised and enjoyed within the limits of any such colonies or possessions respectively, shall within
such limits have the force and authority of law, any law, statute, or Aliens to be- usage to the contrary notwithstanding. And whereas, it is expedient come natural. that the powers by the said Act of Parliament vested in Colonial ized upon ob- Legislatures should be exercised by the Legislature of this colony, taining certifi
and that an Act should be passed for the purpose of affording cates and using certain prea greater facility for the Naturalization of Aliens than now by law scribed oaths. exists; May it, &c., that upon obtaining the certificate and taking