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No. 2. Order in Council, No. 1, 1848.

At the Court at Osborne House, Isle of Wight, the 11th

day of August, 1848.

PRESENT :
THE QUEEN'S Most EXCELLENT MAJESTY,

His Royal Highness PRINCE ALBERT,
Lord President,

Earl of Auckland,
Duke of Norfolk,

Viscount Palmerston,
Marquis of Clanricarde, Lord Campbell,
Lord Steward,

Sir George Grey, Bart.,

Lord Chamberlain.
W HEREAS by letters patent under the great seal of the United

Kingdom of Great Britain and Ireland, bearing date at Westminster, the sixth day of April, in the year 1844, Her Majesty did constitute and appoint George Benvenuto Mathew, Governor and Commander-in-Chief in and over her Bahama Islands, during her will and pleasure, and by the said letters patent did require and command him to do all things belonging to his command according to the direction therein, and the royal instructions therewith given, or to be given, or by any Order of Her Majesty issued by and with the advice of her Privy Council; and by the said letters patent did grant, provide, and declare, that there should be within the said Bahama Islands two distinct and separate Councils, to be respectively called the Legislative Council and the Executive Council of the said Islands, and did also authorize the said George Benvenuto Mathew, with the advice and consent of his Executivo Council, from time to time, to summon and call General Assemblies of the freeholders and planters in the said Islands, and did also authorize and empower the said George Benvenuto Mathew, with the advice and consent of his said Legislative Council and Assembly, to make, subject to the directions and provisions of the said letters patent, laws, statutes, and ordinances for the public peace, welfare, and good government of the said Bahama Islands, and the people and inhabitants thereof, and such others as resort thereto, and for the benefit of Her Majesty, her heirs and successors.

And whereas by an Act passed by the Legislature of the said Bahama Islands in the eleventh year of the reign of Her present Majesty, intituled “An Act to authorize the separation of the Islands commonly called the Turks Islands, and the other Islands therein mentioned, from the Bahama Government,” it was amongst other things enacted and ordained that from and after the twenty-fifth day of December in this present year, being the day of the commencement of the said Act, the Islands of Grand and Salt Cay, together with small islands and cays immediately adjacent, and which together with the said Islands of Grand and Salt Cay are commonly known and designated “ The Turks Islands,” and the islands and cays commonly known and designated “ The Caicos Islands,” together with all banks and cays situate, lying, and being to the eastward of the said Turks Islands and Caicos Islands, and theretofore being comprised within or deemed part of, or appertaining to, Her Majesty's Bahama Islands, should cease to be component parts of the Bahama Government: and it was further enacted that from the day and year aforesaid the said Turks Islands and Caicos Islands should be subject to the supervision of such other

No. 2. Order in Council, No. 1, 1848.

Colonial Government as Her Majesty, her heirs and successors, by
any Order in Council for that purpose made and issued, should
order, direct, and appoint : and it was further enacted that the
legislative authority in the said Turks Islands and Caicos Islands
should be vested in a President administering the Government, and
a Council of eight other persons to be nominated and elected as
therein provided : and it was further enacted that the legislative
and other powers of the said last-mentioned Council should be
regulated and defined in such manner as Her Majesty, her heirs
and successors, by any Order in Council, to be for that purpose made
and issued, shall limit, direct, and appoint. And whereas Her
Majesty hath been pleased to allow and confirm the said Act, and
for more effectually carrying out the object thereof, it is hereby
ordered by the Queen's most Excellent Majesty, by and with the
advice of her Privy Council, that from and after the twenty-fifth
day of December next, in this present year, and being the day of
the commencement of the said Act, the said Islands of Grand and
Salt Cay, together with the small islands and cays immediately
adjacent thereto, and which, together with the said Islands of
Grand and Salt Cay are commonly known and designated as the
“ Turks Islands," and the islands and cays commonly known and
designated as the “ Caicos Islands,” together with all banks and
cays situate, lying, and being to the eastward of the said Turks
Islands and Caicos Islands, heretofore comprised within, and
deemed part of, or appertaining to, Her Majesty's Bahama Islands,
shall become subject to the supervision of the Captain-General and
Governor-in-Chief for the time being, or Officer administering the
Government of the Island of Jamaica, anything in the said letters
patent of the sixth day of April, in the year 1844, to the contrary
notwithstanding. And it is further ordered, that the said Captain-
General and Governor-in-Chief for the time being, or Officer
administering the said Government as aforesaid, shall do and
execute all things that shall belong to the said supervision of the
said Turks Islands and Caicos Islands, in due manner according to
the several powers, provisions, and directions, which may hereafter,
from time to time, be given by any letters patent under the great
seal of the United Kingdom of Great Britain and Ireland, and by
any instructions which may hereafter from time to time be given
under the signet and sign manual of Her Majesty, her heirs and
successors. And it is further ordered, that the legislative and
other powers of the said Council shall be defined and regulated in
such manner as Her Majesty, her heirs and successors, shall limit,
direct, and appoint by any letters patent which may hereafter from
time to time be issued under the great seal of the United Kingdom
of Great Britain and Ireland, and by any instructions which may
hereafter from time to time be given under the signet and sign
manual of Her Majesty, her heirs and successors.

And the Right Honourable Earl Grey, one of Her Majesty's principal Secretaries of State, is to give the necessary directions herein accordingly.

C. GREVILLE.

No 3 Order in Council, No. 2, 1848.

At the Court at Osborne House, Isle of Wight, the 11th

day of August, 1848.

PRESENT :
THE QUEEN'S MOST EXCELLENT MAJESTY,

His Royal Highness PRINCE ALBERT,
Lord President,

Earl of Auckland,
Duke of Norfolk,

Viscount Palmerston,
Marquis of Clanricarde, Lord Campbell,
Lord Steward,

Sir George Grey, Bart.,

Lord Chamberlain.
W HEREAS by an Act passed in the fortieth year of the reign

W of His late Majesty King George the Third, by the Legislature of the Bahama Islands, intituled “ An Act for authorizing and empowering the Inhabitants of the several Islands and districts therein mentioned to send Representatives to the General Assembly," it was enacted and ordained amongst other things that the freeholders and housekeepers of the islands commonly known and designated Turks Islands should elect and send to represent them in the General Assembly of the said Bahama Islands one member, and that the freeholders and householders of the islands known and designated Caicos Islands and of the keys situate within three leagues thereof, should also elect and send for the like purpose one member

And whereas, in the forty-seventh year of the reign of His said late Majesty, an Act was passed by the said Legislature, intituled “ 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 deciding the limits and bounds of the several Islands and Districts within their Government which send Representatives to the General Assembly, and for other purposes therein mentioned."

And whereas, by an Act passed by the said Legislature in the fifth year of the reign of His late Majesty King William the Fourth, intituled “ An Act for authorizing and empowering the Freeholders and Housekeepers of the Islands commonly known and designated Turks Islands to send two additional Representatives to the General Assembly," the freeholders and housekeepers of the said islands were empowered to elect and send for the purpose aforesaid three members instead of two, as provided by the hereinbefore mentioned Act of the fortieth year of the reign of His said late Majesty King George the Third : and it was further enacted and declared by the said Act of the fifth year of the reign of His said late Majesty that the qualifications of the members to be elected, the qualifications of the electors, and all other matters relating to the election of members to serve in the General Assembly of Bahamas, in and for the said islands commonly known and designated Turks Islands, should be according to the forms prescribed by the said hereinbefore mentioned Act passed in the forty-seventh year of the reign of His said late Majesty King George the Third, or by any other Act or Acts then in force or thereafter to be made by the said Legislature of the Bahama Islands for regulating elections.

And whereas, by an Act passed by the said Legislature in the eleventh year of the reign of Her present Majesty, intituled “ An

No. 3. Order in Council, No. 2

1848.

Act to authorize the Separation of the Islands commonly known and designated Turks Islands and the other Islands therein mentioned from the Bahama Government,” it was enacted and ordained, amongst other things, that from and after the twenty-fifth day of December in this present year, being the day of the commencement of the said Act, the Islands of Grand and Salt Cay, together with the small islands adjacent thereto, and which together with the said Islands of Grand and Salt Cay are commonly known and designated as the Turks Islands, and the islands and cays commonly known and designated as the Caicos Islands, together with all banks and cays situate, lying, and being to the eastward of the said Turks Islands and Caicos Islands, and theretofore being comprised within and deemed part of or appertaining to Her Majesty's Bahama Islands, should cease to be component parts of the said Bahama Government; and that from the day and year aforesaid the government should be administered by a President, to be from time to time appointed by Her said Majesty, her heirs and successors, and that from the day and year aforesaid the legislative authority in the said islands, so severed from the said Bahama Government, should be vested in the said President and a Council of eight other persons, of whom, from time to time, four should be nominated by Her said Majesty, her heirs and successors, and hold their office during pleasure, and four should be elected by a majority of the taxpayers therein, who are able to read and write ; and that the said lastmentioned councillors should be elected in such manner and for such term of years as Her said Majesty, her heirs and successors, should from time to time by any Order or Orders in Council, for that purpose to be made and issued, regulate and appoint.

I. And whereas, Her Majesty hath been pleased to allow and confirm the said Act, and for more effectually carrying out the objects thereof, and for the due exercise of legislative authority in the said islands, known and designated as Turks Islands and Caicos Islands respectively, and in all banks and cays situate, being, and lying to the eastward of the said Turks Islands, as prescribed by the said last-mentioned Act, It is hereby ordered by the Queen's Most Excellent Majesty, by and with the advice of Her Privy Council, that from and after the twenty-fifth day of December in the present year, being the day of the commencement of the said last-mentioned Act, it shall and may be lawful for the taxpayers who are able to read and write, of the said islands commonly known and designated as the Turks Islands, to elect and send to represent them in the said Legislative Council two members. And it shall and may be lawful for the taxpayers who are able to read and write, of the said islands commonly known and designated as the Caicos Islands, also to elect and send to represent them in the said Legislative Council two members.

II. And it is further ordered, That the qualifications of the elective members of the said Legislative Council and all other matters, save and except the qualifications of the electors, and any matter or thing herein otherwise provided relating to the election of members to serve in the said Legislative Council, shall, until otherwise regulated and appointed by any Order or Orders to be for that purpose made and issued by Her said Majesty, her heirs and successors, by and with the advice of Her Privy Council, or by any Act of Legislature of the said islands, be according to the form of

11 Vic, c. 1.

Who are quali fied as voters,

Qualification.

the said hereinbefore mentioned Act of the said Legislature of the No. 3. Bahamas, made and passed in the forty-seventh year of the reign of Order in His said late Majesty King George the Third, intituled “An Act Council for consolidating the several Acts for regulating Elections and

No. 2, Qualifications of Members of the General Assembly of these Islands, 1848 and of Electors, and for ascertaining and deciding 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,” and according to the provisions of any other Actor Acts for regulating elections, in force in the Bahama Islands at the time of the passing of the said hereinbefore mentioned Act of the eleventh year of the reign of Her present Majesty, and so far only as such provisions are not inconsistent with the said last-mentioned Act or this present order.

III. And it is further ordered, That each of the four elective members, if duly elected, and he shall have taken and subscribed the oaths taken by members of the General Assembly of the Bahama Islands, as prescribed by the said Act of the said forty-seventh year of the reign of His said late Majesty King George the Third, shall become and continue to be a member of the said Council for Duration. the space of five years from the day of his said election, unless the said Council shall be sooner dissolved, subject nevertheless to the provisions hereinafter contained for vacating the same.

IV. And it is further ordered, That it shall be lawful for Her Majesty, by any warrant or warrants, to be from time to time issued under Her Majesty's sign manual, and countersigned by one of Her principal Secretaries of State, to nominate such part of the Appointment said Council as is to be appointed by Her Majesty, and to designate of non-elective such non-elective members of the said Council, either by their members proper names, or as holders for the time being of any public offices within the said Turks Islands and Caicos Islands and their dependencies. And it shall also be lawful for Her Majesty by any such by her Majesty, warrant or warrants from time to time, to delegate to the said President the power of nominating and designating such non-elective members of the said Council, either by their proper names or as holders for the time being of any such public office as aforesaid, which delegated power shall nevertheless be exercised by any such President provisionally only, and until Her Majesty's pleasure be known, and shall not be exercised until the return of the writs for the election of all the elective members.

V. And it is further ordered, That every appointment which shall or by the Presi be made by the said President of any non-elective member of the dent. said Council shall be made by letters patent to be for that purpose issued under the public seal of the colony.

VI. And it is further ordered, That it shall be lawful for any Non-elective non-elective member of the said Council, by writing under his hand, member may addressed to the President, to resign his seat in the said Legislative resign. Council, and upon such resignation the seat of such legislative councillor shall become vacant.

VII. And it is further ordered, That if any non-elective mem- Seat how raber of the said Council shall become bankrupt, or take the benefit of cated. any law relating to insolvent debtors, or become a public defaulter, or be attainted of treason, or be convicted of felony or any infamous crime, or shall become non compos mentis, his seat in such Council shall thereby become vacant.

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