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ment in council, in the exercise of the power hereby vested in him,
No. 1. and all Acts performed in pursuance or under the authority of any
Ord. No. 10, such order, shall be held to be, and shall be, as good, legal, and
1852. valid, as if the same was or were authorized in express words by some Ordinance of the colony; and every person who shall disobey any such order, or any part of such order, or shall resist, obstruct, or otherwise oppose any person in carrying such order or any part thereof into execution, shall be guilty of a misdemeanour.
IV. All vessels arriving at any port of entry within these islands, The President and all persons, goods, and merchandise whatsoever embarked in Council to therein, coming from any port or place where any contagious or
tions with malignant disorder shall exist, or from any port or place from respect to veswhence the President for the time being, by and with the advice of sels and merthe Executive Council, shall judge it to be probable that infectious chandise, distempers may be brought, or having had or then having on board any person ill of any dangerous disease, or on board of which vessel any person shall have died of disease during the passage to either of the said ports, shall, before such vessel be admitted to an entry, and such persons, goods, or merchandise allowed to be landed, be liable to such restrictions or required to comply with such directions as shall from time to time be prescribed by the President for the time being, by and with the advice of the Executive Council, by any order or orders as aforesaid.
V. The President or Officer administering the government for and for the the time being, in council, shall make such rules and regulations directions of for the direction of pilots on boarding vessels, and for the purpose
Pilots. of enforcing such restrictions and requirements as shall be deemed necessary as aforesaid, which said rules and regulations shall be printed at the public expense, and a copy given to each qualified pilot, and such other persons as the President shall think proper, without any charge therefor. And every pilot or other person who shall be guilty of a violation of the said rules and regulations or any of them, made according to and for the carrying out the provisions of this Ordinance, shall for each offence forfeit and pay a sum not exceeding twenty pounds, nor less than ten shillings, or in default shall be imprisoned for any term not exceeding six months.
VI. Whenever it shall be made to appear to the satisfaction of Provisions the President or Officer administering the government for the time relative to being, in council, to be necessary for the health of the inhabitants swamps and
low grounds. of the colony or of any town, that any “fresh-water” swamp, or low ground in any part of or in the vicinity of such town, or in any Swamps, &c., other part of the colony, should be filled up, and the proprietor or to be filled proprietors of such swamp or low ground, or the proprietor of any up by proportion thereof, shall refuse when thereto required to sell the same,
prietor, or to
be sold by or shall refuse or neglect to have the same filled up to the satisfac
consent; or tion of the civil engineer of the colony, or other person to be appointed for that purpose by the President or Officer administering the government for the time being, to superintend the filling up of swamps and low grounds as aforesaid, it shall be lawful for the President or other Officer administering the government for the time being, acting by and with the advice and consent of the Executive Council, upon being satisfied that it is practicable to reclaim the same, and that the proprietor or proprietors have a good and sufficient title in law, to purchase every such swamp or low ground
value and ap
No. 1. or portion thereof as the proprietor or proprietors thereof shall reOrd. No. 10, fuse or neglect to have filled up as aforesaid, and to pay to such 1852. proprietor or proprietors, on his or their executing and delivering
a good and sufficient conveyance therefor, such sum of money as may be agreed upon as the purchase-money of such swamp or low ground, or a portion of such swamp or low ground, as aforesaid, between the President or Officer administering the government as aforesaid, in council, and the said proprietor or proprietors; all which sums of money it shall be lawful for the President or Officer administering the government for the time being, by and with the advice and consent of the council, to authorize to be paid out of the public treasury by warrant in the usual manner; but if any such proprietor or proprietors shall refuse to sell his or their interest in such swamp or low ground as aforesaid, or shall not agree to accept the price offered by the President or Officer administering the government for the time being, in council, or if any such proprietor be a minor, or be under any other legal disability or natural incapacity to effect such sale and execute conveyances as aforesaid, or shall be absent from the colony without any known attorney or agent, then, and in every such case it shall be lawful for the Presi
dent or Officer administering the government for the time being, by precept acting by and with the advice and consent of the Executive Council directed to
aforesaid, to issue a precept to the Provost Marshal of the colony, the Provost Marshal to
or to his deputy, commanding either of them to have such swamp
or low ground, as aforesaid, viewed and appraised in manner as is praise. hereinafter mentioned. Proceedings on VII. That it shall be the duty of the Provost Marshal or his precept. deputy, upon the receipt of every such precept, to summon five free
holders of Grand Turk, or Salt Cay, or at any of the settlements at the Caicos (according to the locality of such swamp or low ground) to accompany him to view and appraise or value such swamp or low ground or portion thereof as aforesaid, and every person so summoned shall attend at the time and place named in the summons, and having signed a declaration well and faithfully to discharge their duties as appraisers under this Ordinance, shall then accompany the said Provost Marshal or his deputy to the swamp or low ground, or portion thereof referred to in such precept, and having viewed the same, shall forthwith appraise and value the same, and shall afterwards certify such valuation upon the back of the precept, and the Provost Marshal shall thereupon return the
precept to the office of the Colonial Secretary at Grand Turk. Swamps, &c., VIÏI. Whenever any swamp or low ground, or portion of a when valued,
swamp or low ground, shall have been valued as aforesaid under to be taken possession of
the authority of this Ordinance, and the precept shall have been on behalf of returned to the secretary's office, as provided for by this Ordithe President. nance, it shall be lawful for the President or Officer administering
the government for the time being, to cause possession of the same to be taken by the Crown Commissioner, or by some other person acting for and on his behalf, and all swamps and low grounds so taken possession of shall be dealt with in the same and the like manner as if the proprietor or proprietors had executed and delivered conveyances therefor, under the provisions of this Ordinance.
IX. Every precept issued, executed, and returned under the authority of this Ordinance shall be kept as a record in the office
of the Colonial Secretary and Registrar of Deeds; and all swamps
No. 1. and low grounds mentioned and referred to in any such precept Ord. No. 10, shall, from the date of the return thereof, vest in the President or 1852. Officer administering the Government for the time being, for the purposes of this Ordinance : and all previous titles thereto, and Precept to estates or interests therein, shall be barred, and the interest and and recorded rights of all persons previously thereto entitled, or in any way in the Secreinterested therein, shall be transferred from the valued premises to tary's office. the sum of money at which the same shall have been so valued : and such sum of money shall be paid out of the Public Treasury, Value to be at any time when demanded, upon the party or parties showing paid out of the their right to receive the same, and executing a conveyance, under Public Treathis Ordinance, for the premises in respect of which any such sum
sury. of money shall be demanded as aforesaid.
X. All swamps and low grounds acquired by the President or Officer administering the Government for the time being, under the authority of this Ordinance; and all swamps and low grounds, the property of the Crown, which shall be deemed prejudicial to health, shall forthwith be filled up in such manner with stone, marl, sand, or other fitting material as shall be necessary for effectually securing the health of the inhabitants of the district to which such swamps or low grounds are respectively contiguous; and when and as often from time to time as any such swamps and low grounds, Such swamps other than those vested in the Crown, shall be so filled up and to be sold, and reclaimed, the same shall be sold and disposed of under the authority proceeds paid of, and in such way and manner, and on such terms as shall be Treasury. deemed by the President or Officer administering the Government for the time being, in Council, to be most advantageous for the interest of the colony, and the proceeds of all such sales shall be paid into the Public Treasury in aid of the expenses of the government of the colony.
XI. If the proprietor or occupier of any lot of land situate at Provision Cockburn Town, Grand Turk, or the proprietor or occupier of respecting any lot of land at Balfour Town, Salt Cay, or at any of the settle- weeds, &c., ments within the Caicos Islands, shall permit or suffer weeds to growing on grow in such lots, or shall permit any description of filth or rubbish to accumulate therein, or any stagnant water to be and remain therein, and shall not remove the same within a reasonable time when required to do so by the chief constable or by any constable acting under the orders of any Police or Assistant Police Magistrate; or if any person shall bring or have in his possession, within the limits of any such towns as aforesaid, any offensive substances calculated to affect the health of the inhabitants of such town, and shall not remove the same when so required as aforesaid, it shall be lawful for any two Justices of the Peace, on complaint made, to order and cause the nuisance complained of to be forthwith abated; and every person offending against the provisions of this clause shall, on conviction before any two Justices, forfeit and pay any sum not exceeding ten pounds over and above the expense incurred in the removal or abatement of the nuisance complained of.
XII. Every person being the proprietor, or occupier, or having Streets frontthe possession of a house at Cockburn Town, Grand Turk, or at ing lots to be Balfour Town, Salt Cay, within the limits of those towns, or
swept by pro
prietor. within any of the settlements at the Caicos Islands, or in the absence of the proprietor, his or her lawful attorney or agent, shall,
No. 1. when necessary, cause to be swept and cleaned the street fronting the Ord. No. 10, premises of which he shall be the proprietor or occupier, attorney, 1852. or agent; and the proprietor, occupier, or person having charge of
the premises, if, on notice thereof being given to him or her by the chief constable, or by any constable acting under the orders of any
Police or Assistant Police Magistrate, the street fronting as aforePenalty for said, be not, within twelve hours from the giving such notice, not sweeping swept and cleaned, any such proprietor, occupier, attorney, or streets.
agent as aforesaid shall, on conviction, forfeit and pay the sum of
ten shillings. Penalty for · XIII. It shall not be lawful for any person to throw or place, or throwing any cause to be thrown or placed, upon any part of any public street, filth, &c., in
lane, or road, either at Grand Turk or Salt Cay, or elsewhere, public streets, &c.
where the health of the inhabitants might thereby be endangered, any soap-suds, or other liquid or solid substance of an impure or otherwise offensive description, under a penalty of not less than four shillings, and not exceeding twelve shillings, for every offence;
the said penalty to be recovered in a summary way. Constables XIV. It shall be the duty of all constables, when they shall authorized to become cognizant of, or be credibly informed of, the existence of enter premises
any offence punishable by virtue of this Ordinance, to apply to with an order from a Magis
the police or the nearest magistrate, for an order to repair to the place without delay, in order to repress or assist in repressing the same, or otherwise to assist in carrying the provisions of this Ordinance into effect, and it shall be lawful for any such constable or constables, on producing such order, to enter into any yard or other enclosure, in the execution of any such duty, and there to remain for such reasonable time as may be necessary for the proper discharge of such duty; and any person who shall presume to resist, abuse, disturb, or otherwise wilfully impede, or wantonly insult, threaten, or otherwise annoy, any constable in the performance of his duty, shall be held guilty of a misdemeanour: and every person convicted thereof before any two or more Justices of the Peace shall, in the discretion of the convicting Justices, be fined in any sum not exceeding ten pounds; or, in default of payment, be committed to the common gaol, with or without hard labour, for
any period not exceeding three months. Penalty for XV. No
person shall throw or cause to be thrown into the sea, throwing or on the sea-shore, in such a way as might not be carried away effecweeds or car
tually by the tides, any weeds, filth, putrid matter, or the carcase cases on the sea-shore.
of any animal or beast, of any description or kind, or any other offensive substance, of any kind whatsoever, under a penalty not exceeding five pounds for such offence; the moiety of all fines, penalties, and forfeitures imposed and recovered under the provisions of this Ordinance, as also of all penalties levied under the Act of Assembly of the Bahama Islands, 11 Vic. ch. 8, shall be paid into the Public Treasury of these islands, and the other
moiety to the informer, to be recovered in a summary way. Provisions XVI. That it shall be lawful for the said Boards to report to respecting
the President or Officer administering the Government of these dilapidated buildings.
islands, the existence of any old and dilapidated building, in their respective towns or districts; and upon such report so made, if the proprietor or proprietors of such building shall not, within five days after notice given him or them to that effect, cause and procure the same to be removed or repaired, so as to abate the nuisance complained of, it shall be lawful for the President or Officer admi- No. 1. nistering the Government, by and with the advice and consent of Ord. No. 10, the Executive Council, to issue his precept to the Provost Marshal 1852. of these islands, requiring him to cause the same to be removed as soon as may be; the expense of such removal to be defrayed by the sale of the materials of such building; and the balance, if any, to be returned to such proprietor or proprietors; or if the proceeds of such sale should not suffice to defray such expense, the amount of such deficiency may be recovered from such proprietor or proprietors in like manner as small debts are now recovered and in case there shall be no proprietor within these islands upon whom such notice can be served, a written notice affixed to some conspicuous part of such building for the space of ten days shall be considered a sufficient notice upon such proprietor or proprietors.
XVII. That the limits of the respective towns and settlements Limits of within these islands, for the purposes of this or any other Ordi- town to be nance, or of any Act or Acts of the Bahama Islands, shall be published. fixed by the President in Council, and be published for general information.
XVIII. All persons acting under the authority of the President Indemnity and Council, with reference to the provisions of this Ordinance, for measures before it shall have been formally assented to by the Governor-in- adopted preChief, shall be held harmless for any act so done by them so soon assent of the as the aforesaid assent shall have been received.
MILITIA AND VOLUNTEER RIFLE CORPS.
Ord. No.4, An Ordinance to consolidate and amend the Laws now in force relat
1854. ing to the Militia. (Passed 30th June, 1854. Confirmed
11th December, 1854.) HEREAS the laws now in force relating to the Militia of PREAMBLE.
expedient to consolidate the same ; May it, &c.
. That from and after public notification shall have been given, Militia disin the usual manner, of the allowance of this Ordinance, the entire banded. Militia of these islands shall be, and is hereby disbanded.
II. That the President of these islands for the time being, President to during the absence from the said islands of the Captain-General be Commanderand Governor-in-Chief, or the Officer administering the Govern- in-Chief of ment of Jamaica for the time being, shall be the Commander-in- any Militia to
be established. Chief of any Militia force that may be established within these islands, subject, nevertheless, to such supervision as the said Captain-General and Governor-in-Chief may now or hereafter lawfully exercise over the administration of the Government of these islands.
III. That it it shall be lawful for the President to appoint, President to provisionally, until Her Majesty's pleasure be known, the officers appoint Officers,