페이지 이미지
PDF
ePub

the Privy Council, constituting the Court of Chancery, have, and No. 1. of right ought to have, power and authority to execute, within Act 40 G. 3, these Islands, so much as well of the aforesaid Statutes, as of the c. 2. Common Law (except as herein excepted) as the Lord Chancellor,or Keeper of the Great Seal, may lawfully do in England.* That Power of Court the Justices of the General Court have, and of right ought to have, of Chancery power and authority to execute so much as well of the aforesaid and Courts

and Officers of Statutes, as of the Common Law (except as hereinbefore excepted) med as the Justices of the Court of King's Bench and Common Pleas, fined. and the Barons of the Exchequer, and Commissioners of Oyer and Terminer, Gaol Delivery, and Assize, lawfully may do in England. That His Majesty's Justices of the Peace within these Islands, have, and of right ought to have, power and authority to execute 80 much as well of the aforesaid Statutes as of the Common Law, (except as hereinbefore excepted), as lawfully may be executed in England. That the Provost Marshal of these Islands and his lawful Deputies, have, and of right ought to have, power and authority to execute so much as well of the aforesaid Statutes as of the Common Law (except as hereinbefore excepted), as may lawfully be executed by the Sheriff or under Sheriffs of any County in England. And that all Constables, Bailiffs, Ministers, and other Officers within these Islands, have, and of right ought severally and respectively to have, power and authority to execute so much as well of the aforesaid Statutes as of the Common Law (except as hereinbefore excepted) as any Constable, Minister, or other officer of the like style, name, or description, may lawfully execute in England.

Since the passing of the foregoing Act, the Acts of Parliament mentioned in the subjoined table have been declared in force in the Bahama Islands by various Acts of Assembly; and are extended to these islands by the Separation Act (11 Vic. c. 1) :

Act of Parliament.

Title of Act of Parliament, with the addition | By what Act
of any restrictive words which may be used of Issembly de-

in the Act declaring the same in force. clared in force.

Act in extenso.

3 Geo. 4, c. 71. “ An Act to prevent the cruel and 4 Vic, c. 30. Page 358.

improper treatment of cattle.” 4 Geo. 4, c. 48. “ An Act for enabling Courts tol,

Appendix No. 1. labstain from pronouncing sentence of

death in certain capital felonies.” 4 Geo. 4. c. 52. “An Act to alter and amend the „ , Appendix No. 2.

Law relating to the interment of the
remains of any person found Felo-

de-se." 6 Geo. 4, c. 129. “An Act to repeal the Laws relat-|3 Vic. c. 1. Page 262.

ing to the combination of workmen,
and to make other provisions in lieu
thereof."

* By Ordinance No. 3, of 1849, the powers of the Court of Chancery are vested in the President, and two members of the Legislative Council appointed by him. See post, Part III., Class I., No. 2.

Act of
Parliament.

Title of Act of Parliament, with the addition
of any restrictive words which may be used

in the Act declaring the same in force.

By what Act of Assembly declared in force.

Act in extenso.

Appendix No. 3. 7 & 8 Geo. 4, “ An Act to prohibit the setting 4 Vic. c. 30.

c. 18. of spring-guns, man-traps, and other

engines calculated to destroy human

life, or inflict grievous bodily harm.” | Appendix No. 4. 9 Geo. 4, c. 32. “ An Act for amending the law of , ,

evidence in certain cases." Appendix No.5. 10 Geo. 4, c. 7. “ An Act for the relief of His 10 Geo. 4, c.

Majesty's Roman Catholic Subjects.” | 11. Appendix No. 6. 2 & 3 Wm. 4, « An Act for shortening the time 9 Vic. c. 9.

c. 71. of prescription in certain cases." Appendix No. 7. 3 & 4 Wm. 4,!“ An Act for the limitation of , ,

c. 27. actions and suits relating to Real

Property, and for simplifying the
remedies for trying the rights there-
to, Save and except such parts of
the said Act as relates to spiritual
and eleemosynary corporations, sole

and to advowsons." See page 84. 3 & 4 Wm. 4, “ An Act for the further amend - 3 Vic. c. 33.

c. 42. ment of the Law and the better ad

vancement of Justice.” Provided,
however, that the First, Seventh,
Fifteenth Sixteenth, $eventeenth,
Eighteenth, Nineteenth, Twentieth,
Twenty-second, Thirty-sixth, Forty-
second, Forty-third, Forty-fourth,
and Forty-fifth clauses not being ap-
plicable to the Bahama Islands shall
not be in force therein. Provided
also, that no person being within
any part of the Bahama Islands shall
be deemed or taken to be beyond seas,
for any purpose mentioned in the said

Act.
See Appendix 3 & 4 Wm. 4,1 « An Act for the amendment of 7 Vic. c. 15.
No. 8.

c. 106. the Law of Inheritance." Provided,

however, that wherever the words
" thirty-first day of December, one
thousand eight hundred and thirty-
three " are inserted in the Imperial
Act, the same shall be construed to
mean within this Colony the thir-
tieth day of June, one thousand
eight bundred and forty-four, and
wherever the words “first day of
January, one thous ind eight hundred
and thirty-four” are inserted in the
Imperial Act, the same shall be con-
strued to mean within this Colony
the first day of July, one thousand
cight hundred and forty-four.

Act of Parliament.

Title of Act of Parliament, with the addition
of any restrictive words which may be used

in the Act declaring the same in force.

By what Act of Assembly declared in force.

Act in extenso.

6 & 7 Wm. 4, “An Act to prevent the fact of a 4 Vic. c. 30. See Ap. No. 9. c. 111. previous conviction being given in

evidence to the Jury in the case be-
|fore them, except when evidence to

character is given." 6 & 7 Wm. 4,1 « An Act for enabling persons in- , „ See Ap. No. 10. c. 114. dicted of Felony, to make their de

fence by Counsel or Attorney."* 7 Wm. 4, & il “ An Act for the amendment of the 4 Vic. c. 23. See page 70. Vic. c. 26. law with respect to Wills.” Pro

vided always, that the said statute
shall not extend to any Will made
within these islands, before, or on
the thirty-first day of May, in the
year of our Lord one thousand eight

hundred and forty-one. 7 Wm. 4, & 1 “An Act to amend An Act of 9 Vic. c. 9. See Ap. No. 11. Vic. c. 28. the 3rd and 4th years of His late

Majesty for the limitation of Actions
and Suits relating to Real Property,
and for simplifying the remedies for

trying the rights thereto.” 7 Wm. 4, & 1l "An Act to amend certain Acts 4 Vic. c. 30. See Ap. No. 12.

Vic. c. 88. relating to the crime of Piracy.” 4 & 5 Vic.'c. 21. “ An Act for rendering a release 9 Vic. c. 9. See Ap. No. 13.

as effectual for the conveyance of \freehold Estates as a lease and release of the same parties," save and except so much as refers to the pay

ment of stamp duty. 6 & 7 Vic.c. 96. “ An Act to amend the law re- 10 Vic. c. 8. See Ap. No. 14.

specting defamatory words and
libel,” with the exception of the
10th clause. Provided always, that
it shall not be competent to any de-
fendant in any action referred to
and mentioned in the second section
of the said Act of Parliament, to
file a plea under the authority of
the said second section without at
the same time making a payment of
money into Court by way of amends,
as provided by the said Act, but
every such plea so filed without pay-
ment of money into Court, shall
be deemed a nullity, and may be
treated as such by the plaintiff in the
action.

* This Act is in part repealed by Ord. No. 4, 1855.

106.

Title of Act of Parliament, with the addition
Act of

By what Act
of any restrictive words which may be used
Parliament.

of Assembly de Act in extenso.

in the Act declaring the same in force, clared in force. See Ap. No. 15. 8 & 9 Vic. c. “ An Act to amend the Law of 9 Vic. c. 9.

Real Property,” save and except so
much as refers to the payment of

stamp duty.
See Ap. No. 16. 8 & 9 Vic. c. “ An Act to facilitate the convey-

119. ance of Real Property,” save and

except so much thereof as refers to

the payment of stamp duty. See Ap. No. 17. 9 & 10 Vic. c. “An Act to abolish Deodands.” 10 Vic. c. 7.

62. o No. 16. 9 & 10 Vic. c. “ An Act for compensating the , . 93.

| families of persons killed by acci-
Idents.”

[ocr errors]
[ocr errors]

No. 11.

At the separation of the Turks and Caicos Island from the Actu Vin Government of the Bahamas, the following Acts of the Bahama c. 1.

Legislature were extended by the Act 11 Vic. ch. 1,* Sect. 12.

40 Geo. 3, ch. 2. All that Act passed in the 40th year of the reign of King George the Third, to declare how much of the laws of England are praoticable within the Bahama Islands, and ought to be in force within the same.

41 Geo. 3, ch. 3. Also all that Act passed in the forty-first year of the reign of King George the Third to reduce the rate of interest, without prejudice to any former securities or contracts made previous to the first day of January, one thousand eight hundred and two, and for ascertaining the damages on bills of exchange.

50 Geo. 3, ch. 4. Also all that Act passed in the fiftieth year of the reign of King George the Third for regulating the distribution of the goods and effects of children dying intestate, without wife or children, after the death of the father, and in the lifetime of the mother of such children so dying intestate.

51 Geo. 3, ch. 15. Also all that Act passed in the fifty-first year of the reign of King George the Third to enable husband and wife, by deed, to convey and alien the plantations, lands, and tenements of the wife, or of the husband and wife jointly, situate and being within the Bahama Islands.

53 Geo. 3, ch. 6. Also all that Act passed in the fifty-third year of the reign of King George the Third for regulating the charges of executors, administrators, and guardians, and for other purposes therein mentioned.

2 Geo. 4, ch. 32. Also all that Act passed in the second year of the reign of King George the Fourth concerning certain probates of deeds in the United States of America, and to suspend an Act therein mentioned.

6 Geo. 4, ch. 12. Also all thet Act passed in the sixth year of the reign of King George the Fourth to authorize the Bishop of Jamaica to exercise ecclesiastical jurisdiction over the clergy within the Bahama Islands.

* The other clauses of the Act will be found ante, Part 1. No. 1.

8 Geo. 4, ch. 9. Also all that Act passed in the eighth year of No. 11. the reign of King George the Fourth, for regulating the office of Act 11 Vic. Coroner of the islands called Turks Islands, and for the better c. 1. mode of compelling jurors or other persons summoned to attend on inquests, and for other purposes.

10 Geo. 4, ch. 8. Also all that Act passed in the tenth year of the reign of King George the Fourth, for rendering a written memorandum necessary to the validity of certain promises and agreements. · 10 Geo. 4, ch. 11. Also all that Act passed in the tenth year of the reign of King George the Fourth, to declare in force within these islands a certain statute of the United Kingdom of Great Britain and Ireland, made and passed in the tenth year of the same reign for the relief of His Majesty's Roman Catholic subjects.

4 Wm. 4, ch. 1. Also all that Act passed in the fourth year of the reign of King William the Fourth to relieve His Majesty's free coloured and black subjects of the Bahama Islands from all civil disabilities.

4 Wm. 4, ch. 2. Also all that Act passed in the fourth year of the reign of King William the Fourth, for regulating the making and repairing of division walls or fences on the several islands therein mentioned.

4 Wm. 4, ch. 6. Also all that Act passed in the fourth year of the reign of King William the Fourth, relative to offences against the person.

4 Wm. 4, ch. 11. Also all that Act passed in the fourth year of the reign of King William the Fourth, to prevent the resort of rogues, vagabonds, and other idle and disorderly persons to the Bahama Islands; for the punishment and correction of certain offences therein specified, and for other purposes therein mentioned.

4 Wm. 4, ch. 15. Also all that Act passed in the fourth year of the reign of King William the Fourth, to enable the masters of foreign vessels arriving within these islands to obtain the arrest of seamen deserting from, or refusing to return in such vessels.

4 Wm. 4, ch. 25. Also all that Act passed in the fourth year of the reign of King William &he Fourth, for improving the administration of criminal justice in these islands; for suspending certain Acts therein mentioned, and for other purposes.

4 Wm. 4, ch. 32. Also all that Act passed in the fourth year of the reign of King William the Fourth, the better to prevent the unlawful cutting of timber, or other wood, or bark on lands within this Government, without sufficient authority.

5 Wm. 4, ch. 9. Also all that Act passed in the fifth year of the reign of King William the Fourth, to amend an Act of the General Assembly of these islands, entitled “ An Act to relieve His Majesty's free coloured and black subjects of the Bahama Islands from all civil disabilities."

5 Wm. 4, ch. 10. Also all that Act passed in the fifth year of the reign of King William the Fourth, for the more effectual punishment of persons committing malicious injuries to property.

5 Wm. 4, ch. 33. Also all that Act passed in the fifth year of the reign of King William the Fourth, for securing an efficient registration of births, baptisms, marriages, and deaths within the colony; and to provide for the baptisms of children in parishes

« 이전계속 »