No. 3. Order in certain cases. VIII. And it is further ordered, That in case of the vacancy of the seat of any non-elective member of the said Council who shall have been designated as the holder of a public office, the seat shall continue vacant until the appointment of another person to fill the same office, and in case of the vacancy of the seat of any nonelective member of the said Council, who shall have been designated by his proper name, it shall be lawful for the President to Appointment in designate by name and appoint some person to the place in the said Council of the member so vacating his seat, which appointment shall be valid and effectual until the same shall be disallowed by Her Majesty, or until a new appointment made by warrant to be issued as aforesaid, under Her Majesty's sign manual, and countersigned by one of Her Majesty's principal Secretaries of State; and in case any such appointment shall be disallowed by Her Majesty, the said President shall make a new appointment, subject as aforesaid to Her Majesty's approval, and every such appointment, disallowance, and new appointment, shall take effect from the time of the notification thereof by the said President in the Government Gazette of the said colony. Time and place of meeting. Duration. First session. Dissolution. IX. And it is further ordered, That it shall be lawful for the said President for the time being to fix such place or places within any part of the said Turks and Caicos Islands and their dependencies, and such times for holding the first and every other session of the said Council, as he may think fit; such times and places to be changed or varied as the said President may judge advisable and most consistent with general convenience and the public welfare, giving sufficient notice thereof, and also to prorogue the said Council from time to time, and dissolve the same by proclamation or otherwise, whenever he shall deem it expedient. X. And it is hereby further ordered, That there shall be a session of the said Council once at least in every year, so that a period of twelve calendar months shall not intervene between the last sitting of the Council in one session and the first sitting of the Council in the next session; and that every Council shall continue for five years from the day of the return of the writs for the choosing the same and no longer, subject nevertheless to be sooner prorogued or dissolved by the said President. XI. And it is further ordered, That the first writs for the election of members of the said Council, shall issue at some period to be determined by the President, not later than twelve calendar months after the first day of October, 1848. XII. And it is further ordered, That upon any dissolution or other determination of the said Council, it shall be lawful for the President of the Council of the said islands to issue writs for the election of the elective members to serve in the Legislative Council, and after the return of such writs it shall be lawful for the President, in the name and on behalf of Her Majesty, to nominate and appoint the non-elective members to serve in the Legislative Council, which appointment shall be valid and effectual until the same shall be disallowed by Her Majesty, or until new appointments made by warrant or warrants to be issued under Her Majesty's sign manual and countersigned by one of her principal Secretaries of State, which new appointment shall be taken as a disallowance of the appointments made by the said President, in respect of which they are made, and in case any such appointment by the President shall be simply disallowed by Her Majesty, the President shall make a new appointment, subject as aforesaid to be disallowed by Her Majesty, and every such appointment, disallowance, and new appointment shall take effect from the time of the notification thereof by the said President in the Government Gazette of the said islands. XIII. And it is further ordered, That the word "President" as employed in this Order shall be understood to be the person for the time being lawfully administering the Government of the said Turks and Caicos Islands and their dependencies. And the Right Honourable Earl Grey, one of Her Majesty's principal Secretaries of State, is to give the necessary directions herein accordingly. No. 3. Order in 1848. THE CHARTER OF THE TURKS AND CAICOS ISLANDS. VICTORIA, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To all to whom these Presents shall come, Greeting: THEREAS, by an Act made and passed in the eleventh year W No. 4. 1848. of Our reign, by the Governor and Commander-in-Chief in The Charter and over the Bahama Islands, the Legislative Council and Assembly of the said islands, intituled " An Act to authorize the Separation of the Turks Islands and the other Islands therein mentioned from the Bahama Government," it was amongst other things enacted, that from and after the commencement of the said Act, the Islands of Grand and Salt Cay, together with the small islands and cays immediately adjacent thereto, and which together with the said Islands of Grand and Salt Cay are commonly known and designated as the Turks Islands, and the islands and cays commonly known and designated as the Caicos Islands, together with all banks and cays, situate, lying, and being to the eastward of the said Turks Islands and Caicos Islands, and comprised within or deemed part of or appertaining to our Bahama Islands, shall cease to be component parts of the Bahama Government; and all Acts of the General Assembly of the Bahama Islands in force at the time of the commencement of the said Act, save and except the said Act, and the several Acts thereinafter particularly designated, shall from thenceforth cease to be in force within or have reference to the said Turks Islands and Caicos Islands: and it was further enacted, That the said Turks Islands and Caicos Islands, from and after the commencement of the said Act, shall be subject to the supervision of such other Colonial Government as we, Our heirs or successors, by any Order in Council for that purpose made and issued, shall order, direct and appoint: and it was further enacted, That from and after the commencement of the said Act the Government of the said Turks Islands and Caicos Islands shall be administered by a President to be appointed from time to time by us, Our heirs and successors, who shall hold his office during pleasure. And whereas, in pursuance and exercise of the powers and authority so vested in us by the said Act, we have, by and with the advice of Our Privy Council issued a certain Order in Council bearing date the eleventh day of August, One thousand eight hundred and forty-eight, No. 4. The Charter 1848. whereby it was ordered that from and after the twenty-fifth day of December next in this present year, and being the day of the commencement of the said Act, the said islands of Grand and Salt Cay, together with the said small islands and cays immediately adjacent thereto, and which, together with the said islands of Grand and Salt Cay, are commonly known and designated as the Turks Islands, and the islands and cays commonly known and designated as the Caicos Islands, together with all banks and cays situate, lying, and being to the eastward of the said Turks Islands and Caicos Islands, heretofore comprised within, and deemed part of, or appertaining to, our Bahama Islands, shall become subject to the supervision of the Captain-General and Governor-in-Chief for the time being, or Officer administering the Government of the island of Jamaica. And it was further ordered that the said Captain-General and Governor-in-Chief for the time being, or Officer administering the said Government as aforesaid, shall do and execute all things that shall belong to the said supervision of the said Turks Islands and Caicos Islands in due manner according to the several powers, provisions, and directions which may thereafter from time to time be given by any letters patent under the great seal of Our United Kingdom of Great Britain and Ireland, and by any instructions which may thereafter from time to time be given under the sign manual, and signed by us, Our heirs and successors. Now know you, that we have thought fit to constitute and appoint the President of the Council for the time being of the said Turks and Caicos Islands, duly commissioned by us by a warrant under Our sign manual and signet, and by these presents, constitute and appoint the said President of the Council for the time being, of the said islands commissioned by us, in manner aforesaid, to be the Administrator of the Government of the said islands, and all other the islands depending thereon, and also of all forts and garrisons erected and established, or which shall be erected and established, and of Forts and within the same, under the supervision of our Captain-General and President of of Government Garrisons. Governor-in-Chief for the time being, in and over our island of Jamaica, for and during our will and pleasure. And we do hereby require and command the President of the Council for the time being of the said Turks and Caicos Islands, and our said CaptainGeneral and Governor-in-Chief for the time being in and over our said island of Jamaica, to do and execute, each of them respectively, all things in due manner that shall belong to their said command and supervision; and the trust we have reposed in them respectively according to the several powers and authorities granted or appointed them by this present commission; and the instructions herewith given them; and according to such further powers, directions, and authorities, as shall at any time hereafter be granted or appointed them under Our sign manual and signet, or by Our order in Our Privy Council, or by us through one of Our principal Secretaries of State, and according to such reasonable laws and statutes as are now in force or as shall hereafter be made and agreed upon by the President and Council of the said islands, under the supervision of Our said Captain-General and Governorin-Chief. And Our will and pleasure is, that the said President of the Council of the said islands immediately upon the publication within Our said islands of this Our charter, do take the oaths mentioned and referred to in the said accompanying instructions, Pro No. 4. 1848. President and supervision of Chief. such oaths being administered to him in such manner and form and by such persons as are therein mentioned, all which being duly The Charter performed, he shall administer to each of the members of Our said Council the oaths mentioned in Our said instructions in that behalf. And whereas by Our said recited Order in Council it was amongst other things ordered that the legislative and other powers of the said Council shall be defined and regulated in such manner as we, Our heirs and successors, shall limit, direct, and appoint, by any letters patent which may thereafter from time to time be issued under the great seal of Our United Kingdom of Great Britain and Ireland, and by any instructions which may thereafter from time to time be given under the sign manual of us, Our heirs, and successors. Now therefore we do hereby declare and grant that the President and Council for the time being, of Our said islands, or the major part of them, shall have full power and authority, under the supervision of Our Captain-General and Governorin-Chief in and over Our said island of Jamaica, to make, constitute, and ordain, laws, statutes, and ordinances for the public peace, welfare, and good government of Our said islands and the people and inhabitants thereof, and such others as shall resort thereto, and for the benefit of us, Our heirs, and successors. vided nevertheless and we do further declare Our pleasure to be, that the said laws, statutes, and ordinances so to be made, constituted, and ordained as aforesaid, shall not be repugnant, but as near as may be agreeable, to the laws and statutes of this Our United Kingdom of Great Britain and Ireland. Provided also, that all such laws, statutes, and ordinances, of what nature or duration soever, within three months or sooner after the making thereof, be transmitted to us under the seal of Our said islands, for our approbation or disallowance of the same, as also duplicates thereof by the next conveyance; and in case any or all of the said laws, statutes, and ordinances so to be made as aforesaid, shall be disallowed by us, Our heirs and successors, by the advice of Our or their Privy Council under Our or their sign manual and signet, or through one of Our principal Secretaries of State, then Our pleasure is that such laws, statutes, and ordinances shall cease, determine, and become utterly void and of none effect, from and after the promulgation of such disallowance thereof within Our said islands, anything herein contained to the contrary thereof notwithstanding. And to the end that nothing may be passed or done by Our said Council to the prejudice of us, Our heirs and successors, We will and ordain that our Captain-General and Governor-in- Governor-inChief for the time being in and over Our island of Jamaica shall Chief to have a have and enjoy a negative voice in the making and passing all such negative voice laws, statutes, and ordinances as aforesaid. And we do hereby authorize and empower the President of the Council for the time being, of the said islands, to keep and use the public seal of Our said islands. And we do hereby authorize and empower Our Captain-General and Governor-in-Chief for the time being in and over our island of Jamaica, to present to the Bishop of the diocese of Jamaica for institution any person or persons to any churches, chapels, or other ecclesiastical benefices within Our said islands and their dependencies, as often as any of them shall happen to be void. And we do hereby grant unto the President of the Council for the time being of Our said islands, full power and authority to in all Laws. Governor-in- to all Livings cant. No. 4. The Charter 1848. President to Officers. President to have power to suspend. Governor-in fines. Lunatics. constitute and appoint judges and in cases requisite commissioners of oyer and terminer, justices of the peace, sheriffs, and other necessary officers and ministers in Our said respective islands, for the better administration of justice and putting the laws in exeappoint Public cution, and all such other officers and ministers as may lawfully be appointed by us; it being nevertheless Our pleasure that all such appointments as aforesaid shall be provisional only until Our pleasure shall be known. And we do hereby give and grant unto the President of the Council for the time being of Our said islands full power and authority in case any person or persons commissioned or appointed by us to any office or offices within either of Our said islands from which they may be liable to be removed by us shall, in his opinion, be unfit to continue in Our service, to suspend or remove such person or persons from his or their several employments. And we do hereby give and grant unto Our CaptainChief may remit General and Governor-in-Chief for the time being in and over Our island of Jamaica, full power and authority, where he shall see cause or shall judge any offender or offenders in criminal matters or for any fines or forfeitures due unto us fit objects of Our mercy, to pardon all such offenders and to remit all such offences, fines, and President power forfeitures. And we do hereby give and grant unto the said Preto grant autho- sident of the Council for the time being of Our said islands full rity to administer Estates of power and authority, without expecting any further special warrant from us, from time to time to give order and warrant for the preparing of grants of the custody of idiots and lunatics and their estates, as are or shall be found by inquisition thereof taken or to be taken, and returnable in Our Court of Chancery, and thereupon to make and pass grants and commitments under the public seal of Our said islands of the custody of all such idiots and lunatics and their estates, to such person or persons, suitors in that behalf, as according to the rules of law and the use and practice in these and the like cases he shall judge meet for that trust, the said grants and commitments to be made in such manner and form, or as nearly as may be, as hath been heretofore used and accustomed in making the same under the great seal of this Our United Kingdom of Great Britain and Ireland, and to contain such apt and convenient covenants, provisions, and agreements on the part of the committees and grantees to be performed, and such security to be by them given, as shall be requisite and needful. And Our further will and pleasure is, that all public moneys raised or which shall be raised by any Act or Ordinance made or hereafter to be made within Our said islands, be issued out by warrant from the President of the Council for the time being of Our said islands, and be disposed of by him for the support of the government of the said islands, or for such other purposes as shall be particularly directed and appointed in and by such Act or Ordinance and not otherwise. And in case there shall not be within Our said islands any person commissioned by us by a warrant under Our sign manual and signet to be President of the Council of Our said islands, then and in that case we do further declare Our pleasure, and do hereby grant and provide, that all and every the powers hereby vested in the said President of the Council for the time being shall be and the same are hereby vested in the Senior Member of the Council of such islands for the time being resident therein. And we do further declare and ordain, that the persons for the time being administer Public Revenue, how appropri ated. Provision in case of death, &c., of Presi. dent, |