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interest upon any specialty, as aforesaid, be charged or received No. 1. by any person whatsoever other than that hereinbefore limited, Act 41 G. 3, whether it be charged or received as interest, premium, or under c. 3. any other name, so that it amounts to more than Six pounds per centum per annum upon the principal, such person so offending shall pay to the party aggrieved the full sum of One hundred pounds current money of these islands, and shall forfeit his spe- £100 old curcialty, of what kind soever it may be, on which the extortion was rency. made, with the interest due thereon, which sum of One hundred pounds may be sued for and recovered by the party aggrieved in any Court of Record in these islands, by writ, plaint, or information: and provided such specialty shall have been paid off, then and in that case the amount of such specialty, with the interest paid thereon, shall be recovered in any Court in these islands in manner aforesaid.
V. And likewise, to prevent exactions or offences against this Penalty for Act in regard to protested bills of exchange, any person or persons overcharging receiving or charging any higher damages or interest thereon thanh
bills. he, she, or they shall be entitled to by virtue of this Act, shall incur and be liable to the same penalties of One hundred pounds, £100 old curtogether with the amount of such protested bill, with all interest, rency. re-exchange, or damages thereon as aforesaid, to be sued for and recovered in manner as extortion in cases of interest, as in this Act is particularly before enacted.
REPRINT OF LAWS.
No. 1. An Ordinance to Authorize the Compilation and Reprint of the Laws
Ord. No. 5,
1860. of these Islands, and for other purposes. (Passed 11th April,
1860. Confirmed 5th Sept., 1860.) HEREAS it would tend to facilitate the due administration of PREAMBLE.
justice within these islands if the several laws now in force therein were collected and reprinted with a proper index; May it, &c.,
1. That it shall be lawful for the President to cause the several Reprintal of laws in force in these islands, together with the Ordinances of laws authorized. 1860, to be collected and reprinted with an index, under the superintendence of some properly-qualified person, and according to such plan as shall be approved of by the said President.
II. And whereas many of the said laws were originally enacted for the government of the Bahama Islands, and only extended to these islands by the Bahama Act, 11 Victoria, chapter 1, known as the Separation Act, and contain words and phrases wholly inapplicable to this colony; Be it therefore further ordained, that Inappropriate whenever the wording of any such Act shall be manifestly inap- terms in
Bahama Acts plicable to these islands, such words shall be substituted as would
to be altered. have been used if the said laws had been originally enacted by the Legislative Council of these islands; for instance, “ President”
No. 1. for “Governor,” “Legislative Council” for “General Assembly," Ord. No. 5, “ Turks and Caicos Islands” for “ Bahama Islands," “ Grand 1860. Turk” for “Nassau,” and the like.
u III. That throughout the said laws the word “President” shall Definition
be understood to mean the officer administering the Government of of word President.
the colony for the time being, and the words “ or officer administering the Government of the colony for the time being,” or words to that effect, or clauses declaratory of such meaning, shall be omitted whenever they occur in the said laws; and in any Ordinance which may hereafter be passed by the Legislative Council of these
islands the word “President” shall be understood to have the Power of signification before mentioned, and wherever provision is made in acting officers. any such Ordinance for any officer to act for another, it shall be
understood that such acting officer shall have all the powers and authorities of the person for whom he is acting, unless the contrary
be expressed in such Ordinance. Laws to be
IV. That the said laws, when reprinted, shall be bound up in one deposited with or more volumes, and shall be deposited with the Colonial Secretary Colonial for distribution, who shall keep a book in which he shall enter the Secretary.
names of all persons to whom any copy of the said laws may be delivered, and also the time when such copy shall be returned into
his office, in accordance with the provisions of this Ordinance. Persons en
V. That the following persons shall be entitled to have one or titled to copies. more copies of the said laws, to wit:-Her Majesty's Secretary of
State for the Colonies, fifty copies; the Governor-in-Chief, two copies; the President of the Colony, one copy; the Legislative Council, four copies, the same to be in charge of the Clerk of the Council; the Judge of the Supreme Court, one copy; the Supreme Court, to be in charge of the Prothonotary, one copy; the Queen's Advocate, one copy; the Colonial Secretary's Office, one copy; the Receiver-General's Office, for distribution to the out-ports, four copies; the Police Magistrate, one copy; the Crown Commissioner, one copy; for the Public Library, one copy; each Justice of the Peace, on taking the oath of office, one copy; and such other public officers as the President may think proper: Provided that in case any person shall hold more offices than one, he shall nevertheless be entitled to receive only one copy of the laws, unless
otherwise ordered by the President. Laws to be VI. That the laws thus distributed shall be and continue public public property. property, and shall only be retained by the parties to whom they
shall have been originally distributed so long as such parties respectively hold the offices in right of which they became entitled
to copies of such laws. In case of
VII. That in the case of the death of any person to whom a death of any one copy of such laws shall have been delivered, the executor or having a copy, administrator of the person so dying shall, without delay, return same to be re- the copy of the laws which had been delivered to such deceased turned to Colonial Secretary person into the office of the Colonial Secretary. Value in case of
VIII. That in case any copy of the said laws so delivered to any person shall be lost or destroyed, the party to whom the same was delivered, or who had charge thereof, shall be responsible for the value of such copy, which, for the purposes of this Ordinance, shall be fixed at Five pounds, unless he can clearly show, to the satisfaction of the Colonial Secretary, that such copy had been lost or destroyed otherwise than through any negligence or wilful mis
conduct on his part; and (if necessary) such amount may be sued No. 1. for by the Colonial Secretary, and recovered in the Court for the Ord. No.5, recovery of small debts, and shall, when recovered, be paid into 1860. the Public Treasury.
Colonial IX. That it shall be lawful for the Colonial Secretary to recover Secretary all copies of such laws as may get into the possession of any person may sue for or persons not entitled to retain the same, by action of detinue, or any copy in other fit action, in any Court of competent jurisdiction.
the hands of
party not X. That it shall be lawful for the President, by warrant under entitled. his hand in the usual manner, to direct the issue out of the Public Expense of Treasury of these islands of such sum and sums of money as from printing, how time to time may be requisite for defraying the expense of copy- defrayed. ing, printing, and binding the said laws and index.
DIVISION 1.-PENSIONS TO PUBLIC OFFICERS'
WIDOWS AND ORPHANS. No. 1.-7 Vic. ch. 23. An Act to authorize certain deductions from No. 1.
the Salaries of Public Officers, and to provide for the Payment Act 7 Vic.
of Pensions to their Widows and Orphans. (7th Feb., 1844.) c. 23. THEREAS there are no institutions within this colony for PREAMBLE. W effecting life-assurance; And whereas an Act has been for many years in force in this colony for granting pensions to the widows and orphans of clergymen dying within the same, which has proved highly beneficial to such widows and orphans without having been of any extra expense to the colony; and it is consequently expedient to extend the principle of the said Act to all persons holding civil appointment under Her Majesty within this colony ; May it, &c., That from and after the Twenty-fifth day of After the 25th June next after the passing of this Act, the Receiver-General and June, 1844, Treasurer shall deduct from each and every of the annual stipends Receiver
General to de or salaries of the several public officers of this colony, a sum of money at and after the rate of Five pounds out of every Hundred annual stipend pounds : and whenever such public officer residing in these islands, or salaries of and officiating as such therein, or during leave of absence, shall the several .
j Public Officers die, leaving a widow and child, or children, or either, it shall and
enumerated in may be lawful for the President for the time being, by and with the the Schedule. advice and consent of Her Majesty's Council for these islands, to annually pay such widow and child, or children, a pension or an- sions to Widows nuity, viz., To the widow at and after the rate of Twelve pounds for and Children every Hundred pounds of salary or allowance attaching to the office of Public of her deceased husband, and so in a lesser or greater proportion of
Pensions of any such salary or allowance; and to each child under Ten years of
Widows and age, Four pounds in like proportion; and to each child over Ten Female Chilyears of age, Six pounds in like proportion, to be paid to such dren to cease on widow or other guardian of such child, by warrant on the Treasury inarriage : Male
Children to in the usual form : Provided, however, if such widow shall marry, she shall no longer be entitled to her annuity aforesaid ; neither 18th year.
duct from the
No. 1. shall any male child be entitled to such annuity after he shall have Act 7 Vic. completed the eighteenth year of his age, nor any female after
c. 23. marriage.*
No. 2. No. 2.-8 Vic. ch. 42. An Act to amend an Act entitled “ An Act Act 8 Vic.
to authorize certain Deductions from the Salaries of Public c. 42.
Officers, and to Provide for the payment of Pensions to their
Widows and Orphans. (14th May, 1845.)
W jesty's reign, entitled, “ An Act to authorize certain Deductions from the Salaries of Public Officers, and to provide for the Payment of Pensions to their Widows and Orphans," it is enacted, that the Receiver-General and Treasurer shall deduct from the salaries of certain public officers named in the Schedule to the said Act annexed, who might notify, within a definite period, their desire to avail themselves of the provisions of the said Act, a sum of money at the rate of Five pounds per centum per annum, and that whenever any such officer shall die, leaving a widow and child, or children, or either, the President for the time being, by and with the advice and consent of Her Majesty's Council for these islands, should pay annually to such widow and child or children, under certain restrictions and limitations in the said Act set forth, pensions or annuities, at and after the rates therein specified ; And whereas it is desirable that the deductions from salaries should be made more general, and the
provisions of the said Act also made more generally available to Upon 24th
The salaried officers of the colony and their families; May it, &c., June, 1845,
That upon and from the Twenty-fourth day of June of the present Receiver year One thousand eight hundred and forty-five, the Receiver-GeGeneral to
neral and Treasurer shall make the deduction aforesaid, of Five per deduct a specified per centage ca
ce centum per annum, from every salary payable under and by virtue from officers of any Act of the Legislature of these islands, of One hundred salaries (except pounds per annum and upwards, except the salaries of clergymen, the Clergy); subject to a similar deduction, under the provisions of the Act of and th and Orphan
OWS Assembly, 4 Wm. 4, ch. 36, and a deduction of three per centum Children of from every such salary, as aforesaid, of Fifty pounds, and under One
hundred pounds per annum; and in virtue of such deduction, the whose salaries widow and child, or children, or either, of every such officer such deduc shall be entitled to participate in all the benefits accruing from tions shall be made may be the said Act, anything therein contained to the contrary notwithconse
II. And whereas many of the public officers of the colony are in Pensions
ns spe- the receipt of stipends from the mother-country, which will not be cified. Officers in
subject to deductions under the preceding section, or under the Act receipt of to which this is an amendment, and it is desirable that such officers stipend from should be permitted to contribute, in the ratio aforesaid, in respect mother-country of the said stipends ; Be it enacted, that it shall be lawful for every may contribute to, and will be
public officer, whose salary is paid, either whole or in part from thereupon en the mother-country, to pay quarterly to the Reveiver-General and titled to the consequent
* The remainder of this Act is virtually repealed by the 8 Vic. c. 42, post No. 2. benefits of this of this Class. Act.
+ The part in italics is repealed by Ord. No. 7, 1855, Sect. 23.
entitled to the
Treasurer, commencing on the said Twenty-fourth day of June, or No. 2. any quarter-day thereafter, a sum of money at the rate of five per Act 8 Vic. centum per annum on the amount of such salary; and upon the c. 42. death of any such officer, under the circumstances in the first section of the said Act set forth, his widow and child, or children, or either, shall be entitled to pensions at and after the rates mentioned in the said Act, for the full amount of the salary in respect of which sach officer had made such quarterly payments as aforesaid : Provided that such payments shall not, at the period of the death of such officer, be in arrear more than one quarter, in which case, unless the legal representative of the estate of such deceased officer shall offer to pay and shall pay, within such time as may be limited for that purpose by the President in Council, the full amount of such arrears, together with the interest due thereon, the right of such widow and child or children shall be barred, and the pensions in respect of such salary, as aforesaid, be forfeited.
III. That every officer from whose salary the deductions afore- Privileges to said shall have been made by the Receiver-General and Treasurer, officer conor who shall have made quarterly the payments to the said Receiver- tinuing to hold General, in respect to his salary from the mother-country, shall,
While not, or remainwhether he continues to hold his office or not (or whether he re- ing or mains in the colony or quits it), have the option of continuing to make quarterly payments equal in amount to such deductions, and such other payments, as aforesaid, or either, or be entitled to have a moiety of the said deductions and payments returned to him; and if any such person shall elect to continue the said quarterly payments, and shall make the same punctually at the stated period at which the same shall be due, his widow and children shall be entitled, upon his death, to the same and the like pensions as if he had died under the circumstances set forth in the said first section of the Act to which this Act is an amendment, anything in the said Act or in this Act to the contrary notwithstanding: Provided always, that the payments of such deceased person shall not be in arrear at the time of his death more than one quarter, if he shall have continued to reside within the colony, or more than six months if he shall have resided abroad, in either of which cases, unless such arrears be paid, as in the next preceding section is permitted, the right of such widow and children to the pensions aforesaid shall be forfeited.
IV. That no pension shall be payable under the Act hereinbefore Pension, when recited, or under this Act, until the subscriptions or deductions in payable.
Widows not respect of which the same may be claimed shall have been made
entitled to continuously for and during a period of two years, nor shall the
pension unless widow of any officer be entitled to such pension unless she had been married twelve married to such officer twelve months prior to his decease.
months prior to V. That an account shall be opened in the books of the Receiver
the hooks of the Roosiyon her husband's
decease. General and Treasurer, headed, “ Public Officers' Widows' and Or
Receiverphans' Fund,” which shall be kept in the usual debtor and creditor General form, and shall be charged with all sums of money which may have open an account been or shall be paid out of the Treasury on account of the same, in his office, to and shall be credited with all sums of money which have been or
oney which have been or be headed “ Pub
lic Officers' shall be deducted from the salaries of any public officers, under the Widow provisions of the Act to which this Act is an amendment, or of this Orphans' Act, or which shall be received on account thereof, and once in Fund.” every year, to wit, on the Twenty-fourth day of June, the said