No. 4. Ord. No. 1, 1849. Limitation of prosecution. Appeal allowed. Meaning of the words spirituous liquors and other liquors. Nothing herein contained to restrict the jurisdiction of Police or Assistant Police Magistrate or Stipendiary Justice. levied of the offender's goods and chattels by writ of execution; and in default of goods and chattels, the officer executing such writ shall arrest the offender, and commit him to some lawful place of confinement for the space of time mentioned in such writ, such term to be fixed by the Judge in giving judgment in such case, and not to exceed six months. XXVII. And be it further ordained, that every complaint or information for any offence against this Ordinance shall be made, and the party charged therewith summoned within a month after such offence committed, and not afterwards. XXVIII. And be it further ordained, that any retailer of spirituous liquors, wines, or other liquors, convicted before two Justices of the Peace of any offence committed against this ordinance, may appeal from such conviction to the superior Court of these islands: Provided that the party appealing shall first deposit the amount of the fine or penalty imposed with costs in the hands of the convicting Justices; and such fine, penalty, and costs so paid, shall be returned to the party appellant if the conviction, of such Justices shall be set aside; or if such conviction be confirmed, shall be appropriated as is hereinbefore directed; and every decision of such superior Court, as aforesaid, shall be final and conclusive. XXIX. And be it further ordained, that the words spirituous liquors or other liquors, wherever they occur in this Ordinance, shall be understood to include rum, brandy, gin, whisky, or other distilled spirits, or any compounds or mixtures of the same, and also wine, beer, porter, ale, cider, and perry. XXX. XXXI. Repealed by Ord. 15, 1855, sect. 6. XXXII. And be it further ordained, that no provision in this Ordinance shall be construed to limit, restrict, or supersede the jurisdiction of the Police Magistrate, or assistant Police Magistrate, or Stipendiary Justice for these islands over the parish or parishes, district or districts (as may hereafter be defined) within Salt Cay or the Caicos Islands: And provided always, that nothing in the foregoing, or in any of the clauses in this Ordinance, shall restrict, limit, or set aside the power or legality of the President or Officer administering the Government from naming and appointing, provisionally, any Magistrate within these islands to act as assistant Police Magistrate at Salt Cay, or at the Caicos, for the purposes of this Ordinance. APPENDIX. Gentlemen, Grand Cay, 18 day of the You are hereby notified that on the Justices of Grand Cay will assemble at the Court House to hold their quarterly meeting for To Messrs. A. B. A. B., Police Magistrate. Justices, Grand Cay. C. D. N. B. For Salt Cay the same form may be used, altering the words "Grand Cay" to "Salt Cay," and "Court House" to "Town Hall." 349 No. 4. Ord. No. 1, 1849. Gentlemen, FORM B. Application for License. I request that a license may be granted me to retail spirituous liquors, wines, and other liquors in that (here describe premises) and at Grand Cay, and I offer as my sureties for the observance of the Ordinance in such case made and provided. To the Justices of the Peace Grand Cay (or Salt Cay). FORM C. Certificate of Justices. A. B. We certify that A. B. has complied with the forms required in the Ordinance regulating the sale of liquors, and that we approve of his obtaining a license to retail at and of the sureties he has offered for the performance of the condition of his bond. No. 5.-ORDINANCE No. 15 of 1855. An Ordinance to amend Ordinance No. 1 of 1849, entitled "An Ordinance to regulate the sale of Spirituous Liquors, Wines, and other Liquors, within the Turks and Caicos Islands." (Passed 1st November, 1855. Confirmed 20th March, 1856.) W No. 5. Ord. No. 15, 1855. HEREAS the Ordinance No. 1 of 1849 entitled "An Ordi- PREAMBLE. nance to regulate the Sale of Spirituous Liquors, Wines, and other Liquors within the Turks and Caicos Islands" has been found to require amendment; May it, &c. Sections I. and II. repealed by Ordinance No. 13 of 1860. sell liquors other than spirituous liquors. III. That merchants, hotel-keepers, and persons desirous of Licenses may selling wines, cordials, liqueurs, or fermented liquors, in quantities be obtained to not less than one pint bottle, may do so by procuring a license to be obtained in the same manner as a license to retail spirituous liquors, except as is hereinafter excepted. And for such license the sum of Five pounds shall be annually paid into the treasury in the same manner as the sums arising from the licenses granted under Ordinance No. 1 of 1849: Provided that parties applying for a license to sell wines, cordials, liqueurs, or fermented liquors in manner herein before mentioned shall not be required to comply with the ninth, fourteenth, fifteenth, sixteenth, and seventeenth clauses of the said Ordinance. IV. That no persons (except keepers of hotels) taking a license for selling wines, cordials, liqueurs, or fermented liquors, shall sell Not to be consumed on No. 5. Ord. No. 15, 1855. premises where sold. Parts of Ordi nance No. 1 of 1849 repealed. or dispose of any such liquors before sunrise or after sunset; nor shall any such persons, except as herein before excepted, allow any such liquors sold by him to be drunk in the store, shop, or place in which such liquors are sold; nor in the yard attached to such store, shop, or place, nor elsewhere upon the premises; but shall in all cases require such liquors to be taken away by the purchaser or purchasers, under a penalty not exceeding Five pounds, nor less than One pound, for every such offence. V. That no person purchasing wines, cordials, liqueurs, or fermented liquors, at any store or place, shall drink the same, or any part thereof, in the said store or place, or elsewhere upon the premises, under a penalty not exceeding Five pounds, nor less than One pound, for every such offence. VI. That the nineteenth clause of Ordinance No. 1 of 1849, so far as it prohibits the selling of wine, ale, and porter, or malt liquors, in quantities less than one dozen bottles, shall be henceforth repealed; also the thirtieth and thirty-first clauses of the said Ordi nance. VII. That the several provisions of the said Ordinance, with reference to the definition of an "unlicensed retailer" (except so far as such definition is inconsistent with anything herein contained), also with reference to penalties on first, second, and third offences; the recovery and appropriation of penalties and fines; the limitation of prosecution, and the allowance of appeal, shall be held to apply to every offence committed under this Ordinance. VIII. That all sums paid into the treasury for licenses to retail spirituous and other liquors, shall be appropriated towards the support of Her Majesty's Government within these islands. No. 6. Ord. No. 13, 1855. PREAMBLE. Quarterly meetings of Justices may be adjourned. No. 6.-ORDINANCE No. 13 of 1860. An Ordinance to amend Ordinance No. 15 of 1855 for regulating the W HEREAS by Ordinance No. 15 of 1855 it was enacted that no licensed retailer of spirituous liquors shall allow any spirituous or other liquors, sold by him, to be drunk in the store, shop or place in which the same are sold by retail, nor in the yard attached to such store, shop or place, or elsewhere upon the premises, but shall in all cases require such spirits to be taken away by the purchasers; and whereas the restriction aforesaid has been found productive of great inconvenience without corresponding benefit to the public; May it, &c., That the first and second sections of Ordinance No. 15 of 1855 shall be and the same are hereby repealed. II. And whereas by the third section of the said Ordinance certain days are appointed for the quarterly meetings of the Justices to grant licenses, and for other purposes, and it is expedient that if from any cause a sufficient number of Justices do not attend to transact business, the chairman should have the power of adjourning such quarterly meeting to a future day, Be it further ordained that if at any time a sufficient number of Justices do not attend to constitute No. 6. a legal meeting, the chairman may adjourn the same to a future Ord. No. 13, day, giving notice of the same to the Justices as is required by the said Ordinance. No. 7.-ORDINANCE No. 23 of 1860. An Ordinance to encourage the importation of Ice into these Islands. (Passed 13th September, 1860. Confirmed 21st February, 1861.) WH 1855. No. 7. Ord. No. 23, 1860. HEREAS in the tropical climate of the Turks and Caicos PREAMBLE. Islands it is desirable that ice should at all times be readily attainable by the inhabitants,-and whereas from the perishable nature of ice and the consequent risk of loss incurred by its importation, no person will undertake to keep a constant supply of ice without some special advantages are attached to the business of an ice establishment; May it, &c. I. That any one person who shall undertake to import from time to time ice in sufficient quantities to supply the inhabitants of these islands, and keep such a supply constantly on hand as will meet the demand of the same, such person shall be entitled to the following privileges and advantages, to wit: He may establish one or more refreshment room or rooms upon one and the same premises, to which persons may resort and be furnished with refreshments, including spirits of all kinds, wines, and fermented and other liquors of every description. II. He may sell such wines, spirits, and other liquors by the bottle, or in lesser quantities, provided that the privileges hereby granted shall not be taken to apply to more than one such establishment at Grand Turk, one at Salt Cay, and at such other places as the President and Council shall think proper. III. That any person desirous of availing himself of the privileges herein granted must observe the following conditions— 1st. He must import ice twice in every six months during the year, in quantities not less than sixty tons at one time, and the same shall be sold to the public at a rate not exceeding one penny halfpenny per pound. 2nd. He must supply the poor and the prisoners in gaol with ice free of charge upon a certificate from a member of the medical profession that the same is necessary for medical purposes. Privileges attached to keeping an ice establish ment. Once in each Other condi 3rd. He shall not sell any refreshment on Sunday or before sunrise, or after nine o'clock P.M. on any other day, under a penalty tions. not exceeding Two pounds. 4th. He shall enter into bond with two sufficient sureties in the To give bond. sum of Fifty pounds each, and such bond shall be taken at the office of the Colonial Secretary in the name of Her Majesty, her heirs, and successors, and shall be conditioned for the maintenance To take out of good order in such refreshment room or rooms, and for the due license. observance of all the provisions of this Ordinance, and upon entering into such bond a license according to the form in the Schedule hereto annexed to keep such refreshment room shall be granted him, renewable annually, for which he shall pay into the public treasury the sum of Twenty pounds. 5th. He shall have a sign with his name painted thereon, with No. 7. Ord. No. 23, 1860. A bonus of £25 every six months given. Offences, how tried. Penalties over £20, how recovered. Limitation fourteen days. Appeal. Duration five years. No. 8. Ord. No. 17, 1860. PREAMBLE. Penalties for gambling. the words "refreshment room" in legible characters, and such name and words shall be displayed in a conspicuous place in front of the refreshment room or rooms. 6th. He shall not suffer any person or persons to gamble or get drunk in or about any such refreshment room under a penalty not exceeding Five pounds. IV. That upon producing a certificate from the Receiver-General that the quantity of ice required by this Ordinance has been imported by the party so licensed, such party shall be entitled to receive once in every six months a bonus of Twenty-five pounds by warrant in the usual manner. V. That all offences against this Ordinance may be heard and determined before two Justices of the Peace, of whom one shall be a Police or assistant Police Magistrate, and all fines and penalties not exceeding Twenty pounds may be made and levied on the goods and chattels of the offender, by warrant under the hand of the Justices before whom such offender was convicted. VI. That any penalty or fine to a greater amount than Twenty pounds may be sued for, and recovered in any Court of competent jurisdiction. And all such penalties and fines when recovered shall be reserved for the use of Her Majesty and her successors, and shall be paid into the public treasury of these islands in aid of the support of the government thereof. VII. That every complaint or information for any offence against this Ordinance shall be made, and the party charged therewith summoned, within fourteen days after such offence committed, and not afterwards. VIII. That any person convicted before two Justices of any offence committed against this Ordinance, may appeal from such conviction to the Supreme Court of these islands in accordance with the provisions contained in Ordinance No. 16 of 1849. IX. That from the period when this Ordinance shall take effect in these islands, the same shall continue in force for the space of Five years. FOURTH DIVISION.-GAMBLING. No. 8.-ORDINANCE No. 17 of 1860. An Ordinance to prevent Gambling by Games of Chance or other Devices. (Passed 4th May, 1860. Confirmed 17th Oct., 1860.) W by within these HEREAS the practice of gambling by means of throwing and it is expedient that the same should be prevented; May it, &c. That it shall not be lawful for any person or persons to offer any property or stake whatever to be played for, whether by throwing dice or by any other device; and any person offering any property or stake for such a purpose shall forfeit a sum not exceeding one pound; and any person who shall play for such property or stake by any of the means aforesaid shall forfeit and pay a sum not exceeding Ten shillings. |