No. 3. Ord. No. 3, 1825. Deeds recorded in Nassau, prior to the separation, to be held valid. No. 4. XX. And be it further ordained that nothing hereinbefore contained shall be construed to prejudice or affect any deed, gift, will, conveyance, grant, release, bargain, sale, mortgage, power of attorney, or other deed or writing whatsoever recorded prior to the separation of these islands from the Bahama government, in the office of the registrar of deeds at Nassau; but that the said deeds, gifts, wills, conveyances, grants, releases, bargains, sales, mortgages, powers of attorney, or other deeds or writings shall be held and taken to be of the same force and effect, and be entitled to the like precedence. No. 4.-ORDINANCE No. 4 of 1859. Ord. No. 4, To amend an Act of the General Assembly of the Bahama Islands, 1859. entitled, "An Act to enable Husband and Wife by deed to alien and convey the Plantations, Lands, and Tenements of the Wife, or of the Husband and Wife jointly, situate and being within the Bahama Islands. (Passed 12th Nov., 1859. Confirmed 5th April, 1860.) PREAMBLE. No. 1. Act 9 Vic. c. 10. PREAMBLE. W1 HEREAS in and by an Act of the General Assembly of the Bahama Islands, made and passed in the fifty-first year of the reign of His Majesty King George the Third, for taking the acknowledgment of married women therein mentioned, (which said Act is in force within these islands by the Act of the Bahama Legislature, 11 Victoria, chapter one) such acknowledgments are required to be taken by a Judge of the Superior Court of any of Her Majesty's colonies; and whereas no provision has been made within these islands for taking such acknowledgments, in cases where the wife of the Judge of the Supreme Court, or the said Judge together with his wife, may alien and convey any such lands and tenements; May it, &c., That in all cases where the wife of the Judge of the Supreme Court of these islands, or the said Judge together with his wife, shall alien and convey any such lands and tenements, in any such case the acknowledgment required by the Act aforesaid shall be taken by and before the Colonial Secretary of the colony for the time being, in the manner by such Act directed; and such acknowledgment, certified under the hand of the said Colonial Secretary, shall be as good and effectual to all intents and purposes as if made before a Judge by virtue of the aforesaid Act of the Bahama Legislature. CLASS III. QUIT RENTS. No. 1.-9 Vic. ch. 10. An Act for granting to Her Majesty a certain Annual Income for a limited period, in lieu of Quit Rents, and for providing for the collection or commutation of such Quit Rents. (Assented to 4th March, 1846.)* W HEREAS your Majesty is entitled to a certain annual revenue within this colony, derivable from lands held by *This Act is in force only so far as its provisions apply to the Turks and Caicos Islands. divers of your Majesty's subjects, under and by virtue of letters patent from time to time, issued under the great seal of the colony, in the names of your Majesty's royal predecessors, whereby such lands were granted to the respective grantees, their heirs and assigns for ever, upon and under the express condition that such grantees, their heirs and assigns, should yield and pay therefor, yearly and every year, unto your Majesty's said royal predecessors, their heirs and successors, a certain annual quit rent in such letters patent respectively mentioned; And whereas such quit rents have remained uncollected since the year 1833, and there is now outstanding and due to your Majesty a large sum of money for and on account of such rents; And whereas your Majesty has been graciously pleased, through His Excellency, George Benvenuto Mathew, Esquire, your Majesty's Governor and Commander-in-Chief of these islands, to declare your royal pleasure to place at the disposal of the legislature the rents now due, as also such as may hereafter grow due in respect of the lands so held by quit rent tenure on the legislature securing to your Majesty, your heirs and successors, a certain annual sum of money for a limited period, to be applied in such manner within the colony as your Majesty, your heirs, and successors shall deem to be most conducive to the general benefit of the colony; May it, &c., That in consideration of your Majesty's being graciously pleased to place the quit rents aforesaid at the absolute disposal of the legislature of the colony, there shall be allowed and paid out of the general revenue funds of the colony, to your Majesty, your heirs and successors, for ten years from the commencement of this Act, the annual sum of three hundred pounds, to be drawn in such amounts and at such times, and to be applied in such manner within the colony as your Majesty, your heirs, and successors shall require and deem most expedient for the general benefit of the colony at large. II. That all quit rents due or to grow due up to the twentyfourth day of June, in the present year of our Lord one thousand eight hundred and forty-six, on lands within this colony, shall be and the same and every part thereof are hereby remitted, and the respective owners of the said lands are hereby absolved and released from the payment thereof. IV. That it shall be lawful for the proprietors of the several tracts and lots of land within these islands, held under and by virtue of the tenure of quit rent as aforesaid, at any time after the commencement of this Act, to commute all rents thereafter to grow due according to the rates of commutation hereinafter specified, that is to say; every tract of land situate on an out-island of the Government of the value of four shillings and twopence, at the rate of twopence per acre; and every tract of land situate on an out-island as aforesaid, and being under the value last mentioned, at the rate of a penny per acre. V. Provided always, and be it enacted, That all tracts or lots, or parts of tracts and lots belonging to the Crown, or held in trust or otherwise for the use of any department of Her Majesty's service, or for the use of the colony, or of any religious congregation, shall be, and the same are hereby totally exempt and freed from the quit rent tenure, either as relates to arrears or to rents in future, anything contained in the respective letters patent, under and by virtue No. 1. Act 9 Vic. c. 10. Mode of freeing of which such tracts, or lots, or parts of tracts and lots were originally granted, to the contrary notwithstanding. VIII. That upon receipt of the amount of commutation-money payable on every lot or tract of land, or part or parcel of a lot or tract of land, the proper officer receiving the same shall grant to the person paying the same a receipt according to the Form A in the Schedule to this Act contained, and such payment shall, for ever same have been thereafter, free the land in respect of which it was made from the tenure of quit rent, anything contained in the letters patent by which such land was originally granted by the Crown to the contrary notwithstanding. commuted. Persons in possession of lands for the purposes of this Act, deemed the proprietors thereof. Provision where lands are mortgaged or bound by judgment. Provision for annual collection of uncommuted Quit Rents, and for enforcing payments of arrears. Provision for payment of Quit Rents on lots of land which have been partitioned. Mode of computing Quit Rents on land in severalty. IX. That for the purposes of this Act, the person or persons in possession of any tract of land, or any parcel of a tract or lot of land, shall be held and deemed to be the proprietor thereof, and be entitled to discharge the quit rents payable under the authority of this Act, as also to commute the future rents chargeable on such land, provided however that any payment of quit rent or commutation money, as aforesaid, shall not vest in the person or persons making the same any other or greater title to the land in respect of which any such payment shall be made, than what such person or persons possessed before the making of such payment. X. And whereas various lands are held in the colony, subject to mortgages and judgment debts, and it is fair that the mortgagees and judgment creditors should have the power to pay or commute the quit rents chargeable on such lands; Be it enacted, that wheresoever any tract or lot of land, or parcel of a tract or lot of land, is subject to a mortgage or mortgages, or judgment debt or debts, and the proprietor of such tract or lot of land shall decline or neglect to pay or commute the quit rents payable in respect of such land, it shall be lawful for any mortgagee or judgment creditor, as aforesaid, to pay or commute such rents, according to the rates before mentioned; and the amount of any such payment shall be added to the mortgage or judgment debt, and shall be and continue a charge on the land in respect of which such payment was made. XII. That all quit rents to grow due from and after the twentyfourth day of June, 1846, and which shall not be commuted under the provisions of this Act, shall be collected annually, and all such rents as remain in arrear and unpaid on the first day of October in each year, shall be levied for in the same and the like manner as is hereinbefore directed with respect to arrears of rents due on lots in the Island of New Providence, and all such rents shall have precedence over all other claims and demands whatsoever. XIII. That wherever a lot or tract of land as originally granted has, since the date of the original grant, been divided into two or more parcels, and held in severalty by different proprietors, it shall be lawful for any one of such proprietors to pay or commute the rents payable on the parcel or parcels owned by him, notwithstanding the neglect or refusal of the other proprietor or proprietors to pay or commute their respective portions of such rents. XIV. That in all cases where a lot of land is held in severalty, as aforesaid, the portion of quit rent, or commutation of quit rent, payable by each separate proprietor shall be computed according to the comparative value of the respective parcels; and in all cases where tracts of land are so held, the same shall be computed ac- XVI. That in all cases where a levy for quit rent in arrear shall be made under the authority of this Act, and there shall not be found sufficient goods and chattels, or where such quit rent being in arrear, no goods or chattels whatever are found to levy on, it shall be the duty of the officer entitled to the receipt thereof to give notice to the owner of the land in question, or, in his absence, to his agent or attorney; or if there be no known agent or attorney, then to publish such notice in one of the public newspapers of the colony of his intention to apply to the Supreme Court to obtain the sale of the said land. XVII. That it shall be lawful for such officer, and he is hereby required, at the expiration of six weeks from the date of such notice as last aforesaid, to present a petition to the Supreme Court, praying the said Court to order the sale of the land in respect of which such quit rent is in arrear, which petition being presented, in term time to the said Court, it shall be lawful for the said Court, upon being satisfied of the proper service of the said notice, and of the non-payment of the quit rent due on the land mentioned in such notice, to grant an order for the sale of such land, directed to the Provost Marshal of these islands. XVIII. That upon receipt of any such order as aforesaid, it shall be the duty of the Provost Marshal to advertise the land mentioned in such order for sale in some one of the public newspapers of the colony, for the space of at least thirty days, and upon the day named in such advertisement such land shall be put up at public auction, at an upset price, equal in amount to the rent in arrear, and the amount which would be payable as commutation money in respect of such land, according to the rates before mentioned, as also of the expenses attending the sale, and the said land shall be sold to the highest bidder beyond such upset price; but if there shall be no bid made thereon at such sale, then such land shall be bought in at such upset price, in the name of the Surveyor-General of Lands, in trust, for the use of the colony. Conveyance of land sold to be agreeable to Form B in Schedule annexed. XIX. That upon the sale or buying in as aforesaid of any lot of land so sold as aforesaid, a conveyance shall be executed in favour of the purchaser, or of the Surveyor-General, as the case may be, according to Form B in the Schedule to this Act contained, and such land shall for ever thereafter be held free from the tenure of quit rent, and the rights of all parties previously entitled thereto shall be absolutely barred. XX. That in all cases where lands are sold under the preceding Payment of provisions of this Act, the Provost Marshal shall forthwith pay the proceeds of amount of such sales, after deducting the expenses attending the sales by proper same, to the proper officer appointed to receive the same, who shall, after retaining the amount of quit rent due on the land, and an amount or commutation of future rents according to the sale hereinbefore contained, pay the residue into the Public Bank of the colony, officer. to the credit of an account to be opened in the books of the said Bank, under the head of "Unclaimed Proceeds of Sales of Lands ;" and all moneys so paid into the said bank shall be at interest at the rate of four-and-a-half per cent. per annum, until claimed and ordered to be paid out in manner hereinafter mentioned. XXI. That it shall be lawful for any person entitled to any moneys paid into the Public Bank as aforesaid, to apply by petition to the President in Council, who, upon being satisfied of the right of the applicant to the same, shall grant an order on the cashier of the said bank for the payment of the same, and such money, together with all interest due thereon, shall thereupon be forthwith paid in obedience to such order. XXII. That the Surveyor-General of Lands shall keep in his office a separate book, in which shall be recorded plats of all lands upon which quit rents have been commuted, or which shall have been sold under the provisions of this Act, and he shall be entitled to have and receive for every plat so recorded a fee of Three shillings, which shall be in full of all other fees, except fees payable to a deputy surveyor, when the service of any such deputy surveyor shall be required; and such fee shall be paid by the party commuting the rent, or in case of a sale for non-payment of quit rent, out of the proceeds of the land sold. XXIII. That the Secretary of the colony shall keep a separate book in his office, properly indexed, for recording all receipts and conveyances made under the authority of his Act; and the parties in whose favour any such receipts are given, or conveyances made, shall be entitled to have the same recorded therein on payment of the usual fees. XXIV. That for two years next after the commencement of this Act, the Receiver-General of Quit Rents shall be the proper officer for collecting and receiving all moneys payable under the authority of this Act, and for granting receipts and executing conveyances thereunder; and he shall be entitled to charge, on the receipt of all such moneys, a commission of ten per centum; after deducting which commission he shall pay the residue quarterly over to the ReceiverGeneral and Treasurer of the colony; and from and after the expiration of the said term of two years, the Receiver-General and Treasurer of the colony shall be the proper officer for receiving and collecting all such moneys, and for granting receipts and executing conveyances as aforesaid. XXV. That all moneys paid to the Receiver-General and Treasurer of the Colony, under the authority of this Act, shall be appropriated and applied to the support of the Government of the colony, in such manner as may be specially authorized by any Act or Acts of the General Assembly of these islands. XXVI. That any person who, by the preceding provisions of this Act, is required to do or perform any act, matter, or thing, requisite for effectually carrying out the provisions of this Act, and shall neglect or refuse to perform the same, every such person shall be liable for any such neglect or refusal to forfeit and pay such fine, not exceeding the sum of Fifty pounds, as the Court before whom such person shall be convicted of such neglect or refusal shall, in its discretion, order and direct; all which fines shall be paid into the Public Treasury of these islands, and applied in aid of the support of the Government of the colony. |