of the said vessels, or other suspected persons, or any one or more of them, for the property, materials, or articles so embezzled, or not accounted for. XXXV. That if any money, goods, merchandise, ships' materials, or articles of any kind belonging to any ship or vessel in distress, or wrecked, stranded, or cast on shore, deserted, abandoned, or found under water, shall, by virtue of such search-warrant or otherwise, be found in the possession of any person or persons, or on the premises of any person or persons, with his, her, or their knowledge or consent, and any such person being carried before a Justice of the Peace, shall not satisfy the Justice that he, she, or they came lawfully by the same, and did not conceal the same for fraudulent purpose, then the same shall, by order of the Justice, be forthwith delivered over to or for the use of the rightful owner thereof, and the offender, on conviction of such offence before such Justice, shall forfeit and pay over and above the value of the money, goods, merchandise, or articles so found, such sum of money not exceeding Twenty-five pounds, as to the said Justice shall seem meet; and should the person or persons in whose premises or possession such property be found have been instrumental, by himself or servants, in saving the same, or any part of the cargo, materials, or other articles whatsoever that may have come from the ship or vessel from whence the property found shall have come, he, she, or they, and all and every other person or persons so concerned in such embezzlement or fraud, shall forfeit all right to any salvage or remuneration they might otherwise have been entitled to, for services rendered, or property or money saved. XXXVI. That if any person shall offer or expose for sale any goods, merchandise, or articles whatsoever, which shall have been unlawfully taken, or reasonably suspected so to have been taken from any ship or vessel in distress, or wrecked, stranded, or cast on shore as aforesaid, in every such case any person to whom the same shall be offered for sale, or any officer of the revenue, or peace-officer, may lawfully seize the same, and shall with all convenient speed carry the same, or give notice of such seizure to a Justice of the Peace; and if the person who shall have offered or exposed the same for sale, being duly summoned by such Justice, shall not appear and satisfy the Justice that he came lawfully by such goods, merchandise, or articles, then the same shall, by order of the Justice, be forthwith delivered over to or for the use of the rightful owner thereof, upon payment of a reasonable reward, to be determined by the Justice, to the person who seized the same, and the offender, on conviction of such offence before the said Justice, shall forfeit and pay, over and above the value of the goods, merchandise, or articles, such sum of money, not exceeding Twenty pounds lawful money, as aforesaid, as to the Justice shall seem meet. XXXVII. That in the case of any felony punishable under this Accessaries Ordinance, every principal in the second degree, and every acces- to felony sary before the fact, shall be punishable in the same manner as the punishable as principal in the first degree is by this Ordinance punishable; and principal. every accessary after the fact to any felony punishable under this Ordinance shall, on conviction, be imprisoned for any term not exceeding Two years. XXXVIII. That all fines and pecuniary penalties imposed by No. 1. Ord. No. 6, 1860. Fines and penalties, how recovered. Proceedings to be tried in President and frame rules this Ordinance into effect. Salvage, when forfeited, to be paid into the Public Treasury. Defendants may plead general issue. this Ordinance, the recovery of which is not otherwise provided for, shall, when the amount thereof does not exceed Ten pounds, be recovered before any one of Her Majesty's Justices of the Peace, and, when the same shall exceed Ten pounds, shall be recovered in the Supreme Court of these islands, and the payment of all such fines and penalties shall be enforced by levy and sale of the offender's goods and chattels, or by arrest of the person of the offender, and the committal thereof to any lawful prison within the colony: Provided, however, that no imprisonment under this clause shall extend to a longer period, in case of a recovery before a Justice of the Peace, than Six months, nor in case of recovery in the Supreme Court, to a period of Two years: And provided also, that imprisonment in any such case shall always cease upon the payment of the fine and penalty and costs of proceeding. XXXIX. That all offences under this Ordinance, in which the mode of proceeding is not by this Ordinance defined, shall be tried in the Supreme Court of these islands, and it shall be lawful for the said Court, on the conviction of a person for any such offence, or for any other offence over which the said Court shall have jurisdiction, as also for any Justice or Justices of the Peace in cases in which such Justice or Justices has or have the power of summary adjudication, to add to any sentence, which they may now or hereafter be empowered to pass upon any person who shall have been duly convicted of any offence punishable by law, that the convicted person shall be, either for a definite period or thereafter wholly, disqualified from commanding or serving on board of a wrecking vessel or boat. XL. That the President in Council shall have the general superintendence of all matters connected with the provisions of this Ordinance, and it shall be lawful for the President in Council from time to time to make such regulations as may be deemed needful for carrying into effect the provisions of this Ordinance, which regulations, together with a synopsis of this Ordinance, shall be furnished to every master of a vessel or boat licensed under this Ordinance. XLI. That any person who may be convicted of any offence under this Ordinance shall, in addition to the pains and penalties attached to such offence, forfeit all claim to any salvage remuneration for services performed under this Ordinance in respect of the particular vessel or property to which such offence related, and the amount of the share of such person shall be collected by the Receiver-General and Treasurer, and one moiety thereof shall be paid into the Public Treasury in aid of the expenses of the Government, and the other moiety to the person or persons who shall have given information sufficient to convict the offender: Provided always, that nothing herein contained shall be construed to apply" to the forfeiture of the shares of the owner or other person interested, unless he or they shall have been proved to be a party or parties to the commission of such offence. XLII. That if any action or suit shall at any time be commenced or prosecuted against any person or persons for anything done in pursuance of this Ordinance, the defendant or defendants in such suit or action may plead the general issue and give this Ordinance and the special matter in evidence at the trial of such action or suit, and that the same was done in pursuance and by the autho rity of this Ordinance, and if the plaintiff be nonsuited or discontinue his action after appearance, or if judgment be given for the defendant or defendants, such defendant or defendants shall be entitled to his costs. XLIII. That in all cases of conviction under this Ordinance before Justices of the Peace, the parties convicted shall have a right to appeal against such conviction to the said Court of Inquiry according to the provisions contained in Ordinance No. 16 of 1849, entitled an Ordinance for regulating appeals in cases of summary conviction, which provisions shall be held to apply to all such appeals, but the conviction and minutes of evidence shall be sent by the convicting Justice or Justices to the Clerk of the Court of Inquiry, and the petition setting forth the grounds of appeal shall be filed by the appellant with the said clerk instead of the Clerk of the Crown as is directed in the said Ordinance. XLIV. Whenever any ship or boat is wrecked, stranded, or otherwise in distress, and services are rendered by any person,— 1st. In assisting such ship or boat; 2nd. In saving the lives of the persons belonging to such ship or boat; 3rd. In saving the cargo or apparel of such ship or boat or any in distress. portion thereof, there shall be payable by the owners of such ship or boat, cargo, apparel, or wreck, to the person by whom such services are rendered, or by whom such wreck is saved, a reasonable amount of salvage, to be determined in case of dispute in manner hereinafter mentioned. XLV. That whenever any dispute shall arise between the master, chief officer, owner, agent, or consignee of any such ship, boat, cargo, apparel, or wreck as aforesaid, or in case of derelict property, or unclaimed wreck, the Provost Marshal and the salvors, as to the amount of salvage, and the parties to the dispute cannot agree to the settlement thereof, then such dispute may, with the consent of the parties, be referred to the arbitration of two Justices of the Peace, of whom each party to the dispute shall nominate one; and in the event of such Justices disagreeing as to the amount of salvage to be awarded, such Justices shall select and appoint a third Justice of the Peace who shall act as an umpire: Provided always that if either of the parties to the dispute does not consent to have the amount of salvage referred to arbitration, or if after an arbitration either party is dissatisfied with the award given by such Justices or umpire as aforesaid, then upon application by either of the said parties or their respective agents, every such disputed claim with respect to salvage may be heard and adjudicated by the said Court of Inquiry. XLVI. That every revenue officer appointed to take charge of wrecked property shall be furnished by the Colonial Secretary with a list of all the boats and vessels which have been licensed, and the date of such licences; and whenever any person in charge of any vessel or boat which has been employed at a wreck shall land any wrecked property, it shall be the duty of such revenue officer to satisfy himself, by inspection of the licence or otherwise, that every such boat has been licensed, and that such licence is still in force, and if any boat so employed shall be found to have no valid licence, the revenue officer shall forthwith report the same to the ReceiverGeneral and Treasurer, and whenever the question of salvage shall Disputed cases of salvage to Justices of the the Court of No. 1. Ord. No. 6, 1860. Fees for arbitration. Remuneration to warehousekeeper for extra services. Arbitration may be deferred until after sale of goods, on bond being given by master, &c., of wrecked vessel. Proceeds of derelict property, how disposed of. Derelict property to be sold by Provost Marshal. be submitted for decision either to the Justices or to the Court, it shall be the duty of the Receiver-General to furnish the parties who are appointed to decide such question with a list of all such unlicensed boats in order that the law may be enforced against the masters and crews of such boats. XLVII. That the said Justices or their umpire, or the said Court may call for the production of any documents in the possession or power of either party which they or he or the said Court may think necessary for determining the question in dispute, and may examine the parties or their witnesses on oath, and administer the oaths necessary for that purpose. XLVIII. That all magistrates lawfully acting as arbitrators or umpires in all matters of award of salvage or remuneration for services rendered under the provisions of this Ordinance, shall be entitled to receive for each case on which they shall be lawfully employed as aforesaid the sum of One pound, and any warehousekeeper giving his attendance at any warehouse for the receiving and delivering of any wrecked or derelict goods shall be entitled during extra hours to receive Six shillings sterling for every such extra hour; such sums to be deducted and paid out of the gross proceeds of the sale of the wreck, or of the goods or merchandise recovered from such vessel, wrecked, stranded, or in distress. XLIX. That the master, chief officer, owner, agent, or consignee of any vessel wrecked, stranded, or in distress, may refuse to submit the question of salvage to arbitration until the sale of such wrecked or other property shall have been concluded, and in such case, such master, chief officer, owner, agent, or consignee as aforesaid shall enter into bond with good and sufficient sureties to abide the award of the arbitrators, or the decision of the said Court of Inquiry in such case, and to pay the salvage to be awarded within a reasonable time, such bond to be entered into before the ReceiverGeneral and Treasurer, and to his satisfaction; and upon such bond having been given, it shall be lawful for such master, chief officer, owner, agent, or consignee as aforesaid, to require the sale of such wrecked or other property at public auction. L. That the Provost Marshal of these islands, whenever any derelict goods may come into his hands by virtue of his office before selling the same at public auction, shall give public notice of such sale, and whenever it shall be made to appear to the satisfaction of the President in Council that there is no reason to believe that any lawful claimant to any such derelict property can or will ever appear, in such case it shall be lawful for the President to direct the sale of such property by the Provost Marshal without waiting for the expiration of twelve months from the period when the same was saved; and the net proceeds of such sale, after the payment of the salvage awarded, shall be paid over to such person as may be appointed as receiver of droits of Admiralty within these islands. LI. That the Provost Marshal is hereby authorized to conduct the sale of any derelict property without the intervention of an auctioneer, and for such sale shall be entitled to charge a commission of five per cent. on the gross proceeds arising therefrom, and no more. LII. That this Ordinance may be cited for all purposes as the Court of Inquiry Ordinance, No. 6, 1860. LIII. That the word "President," whenever it occurs in this Or No. 1. Ord. No. 6, 1860. Words ex plained. dinance, shall be understood to mean the person lawfully administering the Government for the time being, and that the word " Council" shall be understood to mean the Executive Council of these islands, and that the word "ship" shall include every description of vessel used in navigation not propelled by oars, and the word "wreck" shall be understood to include jetsam, flotsam, logan, and derelict, found in or on the shores of the sea, or any tidal water. LIV. That from and after the commencement of this Ordinance, Laws repealed. the Act known as 11th of Victoria, chapter 24, in the printed copies of the Laws of the Bahamas, and also the 8th section of the Act 2nd Victoria, chapter 3, and also the 5, 6, 7, and 8th sections of the Act 4th Victoria, chapter 25, and also the 17, 18, 19, and 20th sections of the Act of the 2nd Victoria, chapter 5, severally extended to these islands, also Ordinance No. 7 of 1854, shall be, and the same are hereby repealed. SCHEDULE. FORM OF LICENCE. Turks and Caicos Islands. By His Honour (the President of the said Islands). whereof These are to license the British Schooner (or other description of vessel or boat, as the case may be) of and belonging to the port of is or are owner or owners, to sail and be employed as a wrecking vessel within the limits of the Government of the Turks and Caicos Islands, under the authority of an Ordinance of the Legislative Council of the said islands, passed in the twenty-third year of Her Majesty's reign, entitled, "An Ordinance to Amend and Consolidate the Laws relating to Wrecks within these Islands, and to establish a Court of Inquiry into cases of Wreck, and to settle disputed cases of Salvage." Given under my hand and seal at arms, at Grand Turk, this day of in the year of our Lord One thousand eight hundred and and in the year of Her Majesty's reign. CLASS V. LIGHTHOUSE. No. 1.-ORDINANCE No. 11 of 1849. No. 1. 1849. An Ordinance to provide for the Maintenance and efficient Regulation Ord. No. 11, of a Lighthouse at Grand Turk. (Passed 29th Aug., 1849. Confirmed 18th Feb., 1851.) W HEREAS it is considered absolutely necessary, for the PREAMBLE. security of navigation and shipping, and for the encourage- Authorizing ment of trade, that a Lighthouse should be erected and maintained the erection of on some part of Grand Turk, Turks Islands. In consequence of a Lighthouse such necessity, we, therefore, your Majesty's dutiful and loyal subjects, the President and the Legislative Council of the Turks Turk. on Grand |