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No. 7. for that (&c., as in the order of dismissal) and afterwards to wit, on Ord. No. 6,
both parties appearing before me in 1855. order that I should hear and determine the same, and the several
proofs adduced to me in that behalf being by me duly heard and considered, and it manifestly appearing to me that the said information (or complaint) was not proved, I therefore dismissed the same, and adjudged that said C. D. should pay the said A. B. the sum of
for his costs incurred by him in his defence in that behalf; and I ordered that if the said sum for costs should not be paid (forthwith), the same should be levied of the goods and chattels of the said C. D. (and I adjudged that in default of sufficient distress in that behalf, the said C. D. should be imprisoned in the
in the said and there kept to hard labour for the space of
unless the said sum for costs and all costs and charges of the said distress, and of the commitment and conveying of the said C. D. to the said
should be sooner paid). (*) And whereas the said C. D. being now required to pay unto the said A. B. the said sum for costs, hath not paid the same or any part thereof, but therein hath made default: These are therefore to command you in Her Majesty's name forthwith to make distress of the goods and chattels of the said C. D., and if within the space of
days next after the making of such distress, the said last-mentioned sum, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do sell the said goods and chattels so by you distrained, and do pay the money arising from such sale to
that he may pay and apply the same as by law directed, and may render the overplus (if any) on demand, to the said C. D., and if no such distress can be found, then that you certify the same unto me to the end that such proceedings may be had therein as to the law doth appertain. Given under my hand and seal, this
day of in the year of our Lord in the
J. S. (L. S.)
and to the keeper of the at
in the said Whereas, &c., as in the last form to the asterisk (*), and then thus); And whereas afterwards, on the
day of in the year aforesaid, I the said Justice issued a warrant to the constable of
commanding him to levy the said sum of
for costs by distress and sale of the goods and chattels of the said C. D.; And whereas it appears to me, as well by the return of the said constable to the said warrant of distress as otherwise, that the said constable hath made diligent search for the goods and chattels of the said C. D., but that no sufficient distress whereon to levy the sum above mentioned could be found : These are therefore to command you, the said constable
to take the said C. D., and him safely convey to No. 7. the at
aforesaid, and there deliver Ord. No. 6, him to the said keeper thereof, together with this precept; and I 1855. do hereby command you, the said keeper of the said to receive the said C. D. into your custody in the said there to imprison him (and keep him to hard labour) for the space of
, unless the said sum and all costs and charges of the said distress, (and of the commitment and conveying of the said C. D. to the said
) amounting to the further sum of
shall be sooner paid unto you the said keeper, and for your so doing this shall be your sufficient warrant. Given under my hand and seal, this
day of in the year of our Lord
at in the
J.S. (L. S.)
Approved, 12th June, 1856.
W. R. INGLIS, President.
OFFENCES IN WHICH JUSTICES OF THE PEACE
FIRST DIVISION.—ALIENS, VAGRANTS, AND LUNATICS.
Vagabonds, and other idle and disorderly Persons to the Ba- Act 4 W. 4, hama Islands ; for the punishment and correction of certain c. 11. Offences therein specified, and for other purposes therein men
tioned. (Nov. 12, 1833.) I. II. III. Repealed by 3 Vic. ch. 3. IV. V. Repealed by Ord. 12, 1855.
VI. And whereas many persons have resorted to the Turks and Masters of resCaicos Islands from parts beyond sea, not under the dominion of sels arriving in His Majesty, greatly to the danger of the peace and good order of any port
these Islands the same ; Be it, &c., That whenever any vessel shall arrive at any time port or place within the Government of the Turks and Caicos, from out of Her Maany port or place not under the dominion of His Majesty, the jesty's domimaster or other person having the command thereof shall, within nions, to retwenty-four hours after the arrival of such vessel in such port or
passengers. harbour, report upon oath to the acting magistrate, or some other magistrate, the name and description of every passenger being on board the said vessel at the time of her arrival, and of what profession, trade, or occupation every such passenger may be, under penalty of Ten* pounds for every neglect or refusal to do so; which Penalty on penalty shall be levied by warrant under the hand and seal of the their neglectpolice or other magistrate as aforesaid, who is hereby authorized to ing or refusing issue such warrant; and in case no goods and chattels of such port to a Mac
to make a reoffender or offenders can be found, and the said penalty shall not gistrate.
**All sums mentioned in this Act are at the old rate of Babama currency. See ante, Note, p. 41.
port names of
No. 1. be paid, then the said police or other magistrate as aforesaid, is Act 4 W. 4, hereby authorized and empowered to commit the person or persons c. 11. so offending to the common gaol for any term not exceeding thirty
days; and if it shall appear by such report or any other authentic trate in respect information to the said magistrate, tk
information to the said magistrate, that any such passenger hath not to passengers any visible means of livelihood, or is, or hath been considered in not having any the place or places from whence he or they last came, in the light visible means of livelihood,
of an idle and disorderly person, or a rogue, vagabond, or swindler, &c.
such magistrate shall immediately thereupon report the same to the President, who is hereby authorized and empowered to order and direct the said magistrate to issue a warrant under the hand and seal of such magistrate, to be directed to the master or other person having the command of the vessel in which such passenger shall have arrived, thereby ordering and requiring such master or other person to take and keep such passenger on board his said vessel, and to convey him, her, or them, either back to the port or place from whence such vessel shall have departed upon the commencement of her voyage, or to any other port or place to which she may be bound without the limits of the Presidency; and every master or other person having the command of such vessel refusing to obey and comply with such order or warrant, the sureties of such vessel shall forfeit and pay the sum of two hundred pounds, to be sued for and recovered in the Supreme Court of these islands, by bill, plaint, or information in the name of the king; all which sums, when recovered, shall go and be applied in aid and support
of this Government. Rogues and VII. And whereas such rogues, vagabonds, and others, are vagabonds
frequently of such evil and wicked dispositions as to be callous to confined in the Gaol, how dealt
shame, and indifferent to punishment and correction, and are oftenwith,
times confined in the common gaol for offences not within this Act, to the expense and inconvenience of this Government; Be it, &c., That whenever any such person or persons so confined shall appear to be unable to maintain himself, herself, or themselves in the said gaol, he, she, or they, if not British subjects, may, by order of the President for the time being, by and with the advice of his Majesty's council, upon application to him made, by any two or more magistrates, be sent to any port or place without the limits of the Bahama Islands, the passage money and other necessary expenses of such person or persons to be paid out of the public Treasury of these islands, by warrant under the hand and seal of
the said President. Lunatics, how VIII. And whereas there are sometimes persons who by lunacy dealt with.
or otherwise are furiously mad, or are so far disordered in their senses that it may be dangerous for them to be permitted to go abroad; Be it, &c., That it shall and may be lawful for any two or more Justices of the Peace, where such lunatic or mad person shall be found, by warrant under their hand and seal directed to any constable, to cause such person to be apprehended and kept safely locked up in some secure place within the island or district where such lunatic or mad person shall be found, until the care and custody of such lunatic or other mad person shall be demanded by his or her nearest relations or friends, or until he or she shall be removed out of such custody as aforesaid, by legal process out of Chancery or otherwise ; and the reasonable charges of keeping and maintaining such person during such restraint, by order of the
magistrates as aforesaid, shall be paid and satisfied (the charges being No. 1. first proved upon oath) by order of any two or more Justices of the Act 4 W.4, Peace directing the Provost Marshal or any constable to seize and c. 11. sell so much of the goods and chattels of such person as is necessary for that purpose, and to account to the Supreme Court for what is so seized and sold; and in default of such goods and chattels, the same to be paid for out of the public Treasury.
IX. Any person sued for anything done in pursuance of this Act, Persons sued may plead the general issue, and give the special matter in evidence; may plead the and if judgment be given for defendant or plaintiff, discontinue or general issue. be nonsuited, judgment shall be entered up with double costs for such defendant. X. Duration, ten years. *
SECOND DIVISION.—UNLAWFUL CUTTING AND CARE
LESS BURNING OF TIMBER, &c.
Cutting of Timber, or other Wood, or Bark, on Lands within this Act 4 W. 4,
c. 32. THEREAS an unlawful practice prevails among these islands PREAMBLE.
of cutting timber and other wood growing on your Majesty's lands, and those of your Majesty's subjects, and carrying away the same without your Majesty's permission, or that of the other owners of the soil; May it, &c., That from and after the first day of June, Vessels whose in the year One thousand eight hundred and thirty-four, each and cargo shall every vessel and boat arriving at any port or place within these consist of islands, where there may be a custom-house, or an officer of b el:
must be rerevenue legally stationed, the cargo of which shall consist either ported by the wholly or in part of timber usually employed, either for use or Master, at the ornament, in the building of ships or houses, or as a material for Custom-house. furniture, or the like, or of lignum-vitæ, firewood, (excepting buttonwood for fuel) or of logwood, fustic, brazilletto, or other dye-wood, or of medicinal or other bark, or the like, of the growth and cut, and taken on and from any island or islands, quay or quays, within this Government, shall, by the master or other person having charge of such vessel, boat, or cargo, be reported to such custom-house or officer of the customs with a manifest in writing of such cargo as aforesaid, setting forth the quantity and quality of the same, and every part of the same respectively : and stating on and from what lands, whether of His Majesty's or of private persons, and what person or persons particularly, the same, and each, and every part of the same, had been so cut and taken respectively, and at what time particularly : and there shall be at the Master of vessame time produced by the said master or other person having sels and boats
uce a charge of such vessel, boat, or cargo, a license or permission in to
1 license for cutwriting, duly dated, if such timber, wood, bark, or the like, shall ting "Timber, have been cut on lands belonging to his Majesty, from the Presi- &c. dent; and if on the lands of any private person or persons, from
* Continued by Act 7 Vic. ch. 3, for ten years, from 9th January, 1844 ; and further by Ord. 10, 1851, and 2, 1857, for five years, from 6th November, 1857.
such person or persons, or his or their lawful representative or Act 4 W. 4, representatives, showing that such timber, wood, bark, or the like, c. 32. had been so cut within six calendar months after the date of such
license or permission, should no particular term of time be therein named, or any shorter or longer term that may be named in such license or permission, for the operation of the same : and any officer of the revenue is hereby authorized to oblige the parties so
importing the same to verify the said report and statements, and to Penalty should authenticate the license or permission therewith produced : and no report be should no such report be made within twenty-four hours after the made within
arrival in port of such vessel or boat (Sundays excepted), unless twenty-four hours after
from some good and sufficient cause shown for the neglect: or arrival, and for should any such report, manifests, or statements, as aforesaid, be false report,
untrue in any respect, (excepting trifling errors as to the alleged &c.
quantity, quantities, or measurement of such cargo, or any parts thereof, respectively ;) or should any such license or permission, as aforesaid, be counterfeited or forged, or fraudulently erased or altered, or the like, or should any part of such cargo be landed before such report shall have been made, as aforesaid, together with the manifest and statements, as aforesaid, according to the true intent and meaning of this Act, then, and in every such case, the cargo of timber, wood, bark, or the like, as aforesaid, shall be and
become forfeited to His Majesty, his heirs, and successors. By whom
II. That all seizures in virtue of this Act shall and may be seizures may made by any officer of the Customs or other person duly authorized be made.
to make seizure in similar cases of offences against the laws of trade or navigation within these islands; and if such seizures be made in or near the islands, the validity of the seizure may be forthwith tried in a summary way by any two Magistrates to whom the facts of the case shall be submitted under oath, and who shall be satisfied that the party in possession of or claiming the property so seized at the time of such seizure shall have had due notice of the proceedings so had against the same; and on condemnation of the same, the same shall and may be publicly sold as the said Magistrate shall direct; and the proceeds, after the payment of all costs and charges shall go, one moiety to the seizing officer prosecuting for the same, and the other moiety to His Majesty, in aid of defraying the expenses of this Government; but if the seizure shall take place at or near any island or quay, other than Turks island, the seizing officer is hereby authorized and required to take or send the property so seized to Turks Islands, as may be most convenient for trial, condemnation, and sale, as aforesaid.
III. This clause has reference to the Island of New Providence
alone. False state IV. That any person who shall verify, as aforesaid, or declare ments, how
to any statement or statements provided for by this Act, knowing punished.
the same or any one or more of them to be false, shall be held guilty of a misdemeanour: and any person forging or counterfeiting any license or permission, or fraudulently erasing or altering any part of a true one, within the meaning of this Act, or using such license or permission, knowing the same to be forged or counterfeited, or fraudulently erased or altered, as aforesaid, shall be held guilty of a misdemeanour, to be tried in both cases in the Supreme Court, and, on conviction, the offender shall be sentenced to fine and imprisonment, at the discretion of the Court.