c. 9. No. 1. fied to serve as jurors as aforesaid, provided always that the followAct 8 G. 4, ing persons shall not be liable to serve on juries directed by this Act: That is to say, the Receiver-General and Treasurer, all or disabled persons. upon any of the said juries : that is to say, persons convicted of idiots. store, or lot, as well as on the highway, for the purpose of summon- which number a jury shall be drawn, and the said Coroner is hereby sity. moned to attend as a juror or jurors, witness or witnesses, at the such defaulter in a sum not less than two, or more than four pounds ;* Mode of reco- and if such fine shall not be paid within the space of forty-eight vering penalty. hours, the same shall be levied by warrant under the hand of such Judge, by distress and sale of the goods and chattels of the offender, ance. No. 2.-4 Wm. 4, ch. 25. An Act for improving the Administration of Criminal Justice in these Islands, for suspending certain 1834.) * All sums mentioned in this Act are at the rate of Old Bahama Currency. See c. 25. shall be material, and shall have authority to bind, by recognizance, No. 2. V. That if any Justice or Coroner shall offend in anything con- Justices and trary to the true intent and meaning of these provisions, the Court, Coroners may to whose officer any such examination, information, evidence, bail- be tried for neglect at the ment, recognizance, or inquisition, ought to have been delivered, discretion of shall, upon examination, and proof of the off ce, in summary the Judges of manner, set such fine upon every such Justice or Coroner, as the the Supreme Court, c. 30. WH No. 3.–4 Vic, ch. 30. This Act declares several Acts of Parliament No. 3. to be in force in these Islands; and amongst them, the following Act 4 Vic. Person found Felo-de-se." (8th July, 1823.) the interment of the remains of persons, against whom a II. Provided, nevertheless, That nothing herein contained shall authorize the performing of any of the rites of Christian burial on the interment of the remains of any such person as aforesaid, nor shall anything herein before contained be taken to alter the laws or usages relating to the burial of such persons, except so far as relates to the interment of such remains in such churchyard or burial-ground, at such time and in such manner as aforesaid. For the other sections of this Act see ante, this Pait, Class VII., No. 1. c. 9. No. 1. fied to serve as jurors as aforesaid, provided always that the followAct 8 G. 4, ing persons shall not be liable to serve on juries directed by this Act: That is to say, the Receiver-General and Treasurer, all officers of the Revenue Department, the Colonial Secretary, the Police Magistrate and Provost Marshal, the Attorneys and Officers of the Supreme Court, Ministers of the Church of England and of dissenting congregations tolerated by law, physicians, surgeons, apothecaries, pilots of the roads and anchoring places, in and about the said islands, persons above sixty years of age, and sick, maimed, or disabled persons. Persons incom III. That the following persons shall not be competent to serve petent to serve. upon any of the said juries : that is to say, persons convicted of treason, murder, or felony, persons who have stood in the pillory, persons who have been convicted of perjury, madmen, lunatics, or idiots. Coroner and IV. That it shall and may be lawful for the said Coroner or any Constable may lawful constable by virtue of his warrant, to enter into any house, enter into store, or lot, as well as on the highway, for the premises and of purpose summonenforce attend- ing twenty-four persons duly qualified to serve as jurors, out of which number a jury shall be drawn, and the said Coroner is hereby authorized and empowered to enforce the attendance of witnesses, as also the attendance of a surgeon or physician in cases of neces sity. Penalty for non- V. That if any person or persons who shall have been duly sumattendance. moned to attend as a juror or jurors, witness or witnesses, at the place appointed, or where the inquest is to be held or taken, shall neglect or refuse to attend, or shall after attendance absent himself or themselves, without leave from the Coroner; then and in every such case, the Coroner shall give in upon oath a list of such persons as shall neglect or refuse to attend, or after attendance shall absent themselves without his leave, to the Judge of the Supreme Court at the said islands, at the then next meeting of the said Court, who is hereby authorized and empowered to fine every such defaulter in a sum not less than two, or more than four pounds ; * Mode of reco- and if such fine shall not be paid within the space of forty-eight vering penalty. hours, the same shall be levied by warrant under the hand of such Judge, by distress and sale of the goods and chattels of the offender, and paid into the hands of the Receiver-General and Treasurer of these islands in aid of the general revenue. ance. No. 2.-4 Wm. 4, ch. 25. An Act for improving the Administration of Criminal Justice in these Islands, for suspending certain Acts therein mentioned, and for other purposes. (Feb. 15th, 1834.) IV. That every Coroner upon any inquisition before him taken, whereby any person shall be indicted for manslaughter, or murder, or as an accessary to murder before the fact, shall put in writing the evidence given to the jury before him, or as much thereof as Coroner to put in writing the evidence taken by him before a Jury. * All sums mentioned in this Act are at the rate of Old Bahama Currency. See note, page 41. c. 1. That no written contract of service shall be valid, or binding No. 1. parties thereto, or be of any force or effect whatsoever, Act 3 Vic. hall be signed with the name, or, in case of illiterate h the mark, of each of the contracting parties, in the Stipendiary Justice of the Peace, nor unless such Justice shall subscribe such written contract, in attesthe fact, that it was entered into by the parties volunand with a clear understanding of its meaning and effect. III. That such written contracts, as aforesaid, shall not be bind- Duration of ing or valid, for any greater or longer period than one year from Contracts. their respective dates. And that every such written contract shall expire at the close of the time of service therein stipulated for, without any notice on either side being given. IV. That every such written contract, as aforesaid, shall specify, Nature of emas accurately as may be, the general nature of the employment in ployment, &c., to be specified which the servant is to be engaged ; and when any such contract in Contract. is for work to be performed, not by the piece, but by time, it shall also, in like manner, specify the number of hours of daily labour, and the hours of the day at which such labour is to commence, to be suspended, to recommence, and to terminate ; and in cases in which the remuneration, or any part of it, is to be made, not in money but in kind, every such contract, as aforesaid, shall specify, with all practicable precision, the nature, amount, and quality of the articles to be supplied to the servant, and the time when, and the place or places at which such articles are to be delivered. V. That it shall not be lawful to pay the wages of any servant Mode of payin kind when the same has been contracted to be paid in money ; ment specified por to pay such wages in money when contracted to be paid in not to be charged. kind ; nor to pay the same in any other than the stipulated kind, except by and with the express consent of the servant. VI. That all contracts for service shall be drawn up as nearly as Form of Conpossible in the following terms, namely: Be it remembered, that tract. on this day of in the year of our Lord A. B., of and C. O., of appeared before me, E. F., a Stipendiary Justice of the Turks and Caicos Islands, and in my presence signed their names, or marks (as the case may be), to the following contract of service. The said A. B. agrees to hire the services of the said C. D., and the said C. D. agrees to render to the said A. B. his services in the capacity of a for calendar months, commencing on the day of instant, and terminating on the And it is further agreed between the said parties that the said C. D. shall be employed in (field labour), or as a (household servant), or as (a boatman) as the case may be, and that the hours of labour of the said C. Ď. shall not be more than daily, commencing at the hour of and terminating at the hour of hour) or (as the case may be,) for breakfast, at of the clock, and one hour) or (as the case may be,) for dinner, at (, of the clock daily. And it is further agreed, that the said A. B. shall pay to the said C. D., as such servant, as aforesaid, wages at and after the rate of , by the (day, week, month, or year, as the case may be). And that such wages shall be paid on the day of each (week or month, as the case may be). day of in the year with (one No. 4. Act 10 Vic. c. 7. No. 4.-10 Vic. ch. 7. This Act declares in force in the Colony, the Act of Parliament 9 & 10 Vic. ch. 62, entitled, “ An Act to abolish Deodands.” By which it is enacted, that there shall be no forfeiture of any chattel for or in respect of the same haring moved to, or caused the death of man; and no Coroner's jury sworn to inquire, upon the sight of any dead body, how the deceased came by his death, shall find any forfeiture of any chattel which may have moved to, or caused the death of the deceased, or any deodand whatsoever ; and it shall not be necessary in any indictment or inquisition for homicide, to allege the value of the instrument which caused the death of the deceased, or to allege that the same was of no value. CLASS X. STIPENDIARY JUSTICES AND THEIR JUDISDICTION. MASTERS AND SERVANTS. No. 1 Act 3 Vic. c. 1. PREAMBLE. No. 1.-3 Vic. ch. 1. An Act for regulating the relative Duties of Masters and Servants, for providing for the Apprenticing of Children, and for other purposes. (June 21, 1839.) HEREAS, in and by your Majesty's Royal Order in Council, , Palace, on the fourth day of February, in the present year of our Lord, One thousand cight hundred and thirty-nine, your Majesty was pleased to declare your disallowance of two certain Acts of the General Assembly of these islands, the one made and passed in the sixth year of the reign of His late Majesty, King William the Fourth, entitled, “ An Act for the Regulation of Labourers and other Servants, entering into Agreements for fixed Periods, and for determining Complaints between them and their Employers;" and the other, an Act passed in the seventh year of the reign of his said late Majesty, entitled, “ An Act to amend an Act, entitled, “ An Act for the Regulation of Labourers and other Servants, entering into Agreements for fixed Periods, and for determining Complaints between them and their Employers.”” And, whereas, it is manifestly expedient that provision should be made by law for regulating the relative rights and duties of masters and servants, and the mode of entering into contracts for service; May it, &c., That no contract of service shall be of any force or effect within the Colony, unless the same shall be actually and bona fide made and entered into, upon land within the limits of the Government of the Turks and Caicos; nor shall any contract of service be in force within the said islands for any greater or longer space of time than one calendar month, from the date thereof, unless the same shall be reduced into writing, with all the formalities hereinafter mentioned, and particularly designated. Regulations as to Contracts of service. |