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Bahama Acts, extended by Separation Act of 22nd
March, 1848, 28-36.

Currency (See CURRENCY).

Bail, forging recognizances of, how punishable, 236.
Balfour town, limits of defined, 396.
Bankruptcy, effect of, on action, 142.
Bank, public, ordinance establishing, 527-532.
Bigamy, punishment of, 197.

Exception, when not heard of in any way
during seven years, 198.

Birth, concealment of, how punishable, 197.
Registration of, imperative.

Breach of Police regulations specified, 366.
Bribery at Elections, regulations to prevent, 41.
penalty for, 41.

Burglary defined, 216.

how punished, 216, 232.

Burial, secret, of child, how punishable, 197.

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Right of appeal to Privy Council, 80.

Common Law of England extended to Turks and
Caicos Islands, 16.

Compensation to families for members killed by ac-
cident, 607.

Action must be commenced within a given
period, 608.

not more than one in respect of same
person, 608.

Concealment of birth, how punishable, 197.
Constable, duties of, 267.
Local, 365.
Special, 365.
Stipendiary, 365.

Contract of service, definition of, 267.

Before Supreme Court, what constitutes, 83.
Law relating to, 268-273.

Conviction, previous, not to be adduced in evidence
unless plea of character be set up, 593.
may be stated, after conviction for sub-

sequent felony, 593.

affects punishment, 242.

how to be inquired into, 253.

Summary, appeal from, how regulated, 289-
290.

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Cruelty to animals, enactments defining penalties

for, 358-361.

Currency, Sterling money declared money of ac-
count, 532.

Peseta, declaration of reduced value of, 533.
Relative proportions of Bahama coins, ster-
ling and silver dollars, 533.

Cutting and wounding, penalty for, 252.

D.

Rules made by Court must be confirmed by Death, sentence of, execution of, must await in-

Legislative Council, 82.

Decree of, awarding payment to any person,
shall entitle him to recover as judgment
creditor, 107.

Charter, text of the, 11.

Clergy, enactments defining duties of, 431-437.
Passages to Colony, provided for, 433.
Clerk, theft or embezzlement by, how punishable,
223.

Civil proceedings in Supreme Court, 83-174.
Combinations of workmen, enactments regulating,
and limiting rights of, 268-273.
Form of conviction and commitment relating
to, 272.

commitment, when member of, refuses
to appear as witness, 272.

structions from Governor of Jamaica, 108.

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may be commuted, and sentence only
recorded, 563.

How affects suit, 140, 141.

When not to be inflicted on felons, 241.
of President how provided for, 14.

Debt, Bahama, portion to be defrayed by Turks
Islands, 3.

Promise to pay is invalid if contracted dur-
ing minority, 83.

Declaration in Civil Suit must be filed by Defend-
ant within ten days after appearance, 101.
must be filed against Plaintiff within
one year after service of summons, 131.
Traverse of, of Defendant, by Plaintiff, may
be either general or separate, 134.

INDEX.

Declaration of libel or slander, 131.
Deeds affecting land, enactments concerning Regis-
try of, 401-410.

Default, judgment by, declared final, 136.
Demurrer, judgment may be passed on, according
to right of case, 130.
Special, abolished, 130.

and plea, may, on leave given, be put in same
plea on affidavit of relevancy, 134.

Deodand, general, abolished, 607.

under Coroner's Inquest abolished, 262.

Derelict goods to be reported, 460.

Destitute children may be apprenticed, 438.
Detainer on prisoner for unsatisfied judgment other
than that on which confined, 138.
Disabilities, Civil, of Roman Catholics abolished,
58, 566-577.

Coloured and Black subjects, 58-60.
Documents, parties may be compelled to produce,
119, 138.

Dog-stealing, penalties for,

tax, 483.

219.

Dower cannot be had out of real estafe, not being
descent by devise, till claims of creditors
are satisfied, 108.

not more than six years' arrears recoverable,
unless claimed in the interim, 589.
Renunciation of, must be recorded, 110.
deemed effectual bar, 110.

Commission may be appointed to take,

110.
Duties, schedule of, leviable on imports, &c., 488,
489.

E.

Ecclesiastical Corporation Sole, limitation of right
to recover rent, 587.

Jurisdiction of Bishop of Jamaica, 430.
Education, enactments respecting, 439-441.
Ejectment, proceedings in action of, 146-157.
Elections, mode of procedure at, 44.

Out Islands, writs for, may be sent to Jus-
tices of the Peace, 44.

Duties of Justices in such case, 44.`

Various modes of procedure in case of recess,
death, &c., 45, 46.

Electors may not be arrested for forty-eight hours

before an election, 42.

Oath to be administered to, 42.
Eleemosynary corporations, limitations of right to
recover rents, 587.

Embezzlement, punishment of, 223.

Emolument, tenure of any office of, disqualifies
for seat in Assembly, 49.

Schedule of offices so disqualifying, 49.
Engraved counterfeits-fac-similes need not be

set forth at trial, 247.

Error, Court of, general procedure in, 82, 83.
Appeal, right of, to Privy Council, 82.
Constitution of Court, 82.

Decree may be appealed to Privy Council, 82.
Execution, how stayed in case of appeal, 82.
Interest allowable on all writs of, in delay of
execution upon judgment, 90.
in law, when does not admit of supersedeas
of execution, 143.

Suggestion of error, memorandum of, 144.
Estate (See also REAL).

of inheritance, what declared to be, 591.

Estate by purchase, 591.

by devise, 592.

611

Exchange, Bill of, forging engraving of, how punish-
able, 236.

Information on, mode of procedure, 247.
Execution, how stayed in case of appeal from De-
cree of Chancery, 80.

Supersedeas of, when error in law does not
admit of, 143.

Executor (See also WILL).

may bring and defend actions before Supreme
Court, 85.

may distrain for rent in arrears, 91.
liable for costs in event of nonsuit, 91.
Exemption from Duty, Schedule of articles entitled
to, 490.

Explosive substances, punishment for sending with
felonious intent, 309.

Extortion, attempt at, by letters threatening to
accuse of infamous crime, 214, 216, 233.
by officers of Court, 214.

by means of threatened libel, 598.

F.

Fact, Questions of, may be raised without pleading,

129.

False pretences, obtaining goods by, how punished,
225.

Felo de se, burial of persons on whom verdict of,
has passed, 261.

Finding, special, may be ordered without amending
record, 88.

Fines (See MONEY-penalties).

Firing wood, timber, &c., penalties for, 343.
Foreigners naturalized may vote at elections, 41.
Forgery, Acts relating to, 234-237, 247.

Information of, need only aver attempt to
defraud, 247.

of bail, how punishable, 236.

description of instrument need only be ap-
proximative, 247.

Friendly Societies, Acts regulating, 62-68.
Frontage lots, provisions respecting improvement
of, 399.

G.

Gambling, regulations respecting, 352.

Goods, general regulations as to landing and clear-
ance of, 461.

Ad valorem duty on, when and how levi-
able, 462.

bonded, 466.

Credit for duties on, extended to six months
if exceeding £20, 463.

Drawback of 90 per cent. on imported goods

exported in same packages, 464.

Entry of, invalid, if improperly described,
465.

must be entered within twenty days, or
lodged in Queen's warehouse, 465.

seized or forfeited, regulations as to, 468-

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Health of Towns, enactments respecting, 372-377. Jury panel, mode of drawing, 177.

Homicide, accidental, not punishable, 197.
Horse-stealing, punishment of, 218.
Hospital (See POOR-HOUSE).

I.

Ice, enactment encouraging importation of, 351.
Minimum amount to be imported every six
months, 352.

Privileges granted to importers of, 352.
Improperly influencing votes at elections, penalty
for, 41.

Incendiarism (See ARSON).

Incontinency, imputation of, made just ground of
action, 237.

Incumbencies, how limited for certain purposes,
587.

Indictments, criminal, not barred by plea of at-

tainder, 341.

Indorsement on contracts not to operate or bar
against recovery, 83.
Information, Criminal

may be amended at trial in certain cases,
246, 257.

amended, verdict upon, to be in full force,
247.

charging stealing, may also charge for re-
ceiving goods known to have been stolen,
and vice versa, 256.

for embezzlement, may at option of Court
merge in trial for larceny, 248.

for misdemeanour may at option of Court
merge in trial for felony, 248.

for murder, need not state how effected, 247.

Special, regulations regarding, 178, 179.
verdict of, not required to be unanimous,
save in capital cases,

182.

unless unanimous, must be preceded
by three hours' deliberation, 185.

if not returned in twelve hours, jury
to be discharged, 185.

Justice of Peace, general duties of, 284, 304.
protected against vexatious actions, 290,
294.

Powers of, on preliminary examination of
offenders cognizable by Supreme Court,
294-304, 316-327.

Stipendiary (See STIPENDIARY).

Juvenile offenders, mode of trial and punishment,
284-288.

L.

Land (See also EJECTMENT and REAL ESTATE).
Occupation of, without title, summary remedy
against, provided, 273-277.

Process on, in satisfaction of judgment in
Petty Debt Court, how levied, 195.
Amended Titles to, 393-401.

Larceny, laws relating to, 215-234.

Law,

Grand and petit, distinction between, aboli-
tion of, 215.

questions of, may be stated for special opinion
Appeal allowed, 230.
of counsel without pleading, 130.
Agreement may be made on such special case
for payment of money and costs, 130.

so made, entitles to judgment and
execution, unless stayed in error, 130.

not to be held insufficient for want of tech-Laws, reprint of, with index, authorized, 539-541.

nical expressions, 251.

Objections to, how taken, 251.

for perjury, how charged, 251.

for subornation of perjury, how charged,
251.

stating actual commission of crime, may
carry conviction for attempt, 248.

Inheritance (See also WILL), estate of, defined,
590-593.

Interest, legal rate of, fixed at six per cent., 538.
Jury may award, 89, 105.

assign damages in nature of, 89.

allowed in all cases of Writ of Error in stay
of execution, 91.

Interlocutory judgment, proceedings on, 104.

J.

Joint contractors, verdict recoverable against one
or more, 83.

Judgment may be entered up, any time after eight
days has elapsed, 104.
Jurisdiction of Stipendiaries (See STIPENDIARIES).
No exemption from, in action of £5 and un-
der, in Petty Debt Court, 191.
Summary, in small sums before Supreme
Court final, 102.

of, Justices of Peace (See POLICE).
Jury, enactments regulating trial by, 175-185.
De medietate lingua, right of alien to jury
composed, 181.

Disqualification for serving on, 176.
Exemptions from serving on, 175.

Legislature (See COUNCIL).

Libel, declaration of action for, what to contain,
132

Apology admissible in evidence, in mitiga-
tion of damages, 597.

by newspaper, what plea admissible and how
satisfied, 598.

Threatening to publish, or abstaining from
publishing, in order to extort money, how
punishable, 598.

Defendant in action for, entitled to costs on
acquittal, 599.

Lighthouse, general regulations respecting, 519-

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Marriage must be solemnized within three months of
proclamation of banns, 421.

solemnized by Baptist missionary prior to 1st
January, 1853, declared valid, 430.
record may be searched daily, 426.

Effect of, on action, 142.

Revokes wills made previous to, 74,

Master and servant, law of, 262-268.

Form of contract of service, 263.

Masters of ships must report arrival before cargo
broken, 460.

Names of passengers, 339.
Militia ordinances, 377-386.

Minor, rights of, how preserved, 85.

Verbal promise of third party to pay debts
contracted by, not valid, 83.
Miscarriage, attempts to produce, how punished,
209, 252.

Misdemeanour, what offences constitute, 252.
Misnomer, when proceedings not vitiated by, 87,
240.

Mixed actions upon real estate abolished, 588.
Money (See also CURRENCY).

Base, penalties for passing, 253.
chargeable on land not recoverable after
twenty years, unless interest paid and writ-
ten acknowledgment given in the mean
time, 589.

Description of, in criminal information, 249.
may be levied on under judge's order, what-
ever its nature or the securities invested in,

107.

› Penalties, certain, declared to be in sterling
money, 234.

currency, 41 (note).
Mortgage to be recorded, 405.

Discharge of, 407.

First recorded to have preference, if bonâ fide,

and for ostensible considerations, 407.
Mortgagee may bring action within twenty years of
last payment of interest, 594.

Mortgagor, right of, barred against mortgagee,
within certain limitations, 586.
Murder, Punishment of, 197.

Information need not state how effected, 247.
Accessaries after the fact, punishment of, 97,
239.

before, 238.

N.

Negative on laws (See VETO).

Neglect of plaintiff to bring on cause, 137.

Night, definition of, for criminal informations, 232,

254.

Nisi Prius, proceedings at, 138.

Nolle Prosequi, entitles defendant to costs, 91.

may be submitted in special case, without
proceeding to trial, 91.

Non-appearance of defendant, unless accounted for,
may entitle plaintiff to judgment, 125.

0.

Oaths, abolition of unnecessary, 551, 552.
Offences against the person, 197-200, 208-214.
Officers, public, appointed by President, 14.
Ordinary, Court of (See also CHANCERY) procedure
in, 81.

Ordinary, Court of, office vested in Judge of
Supreme Court, 81.

Decrees, how enforced, 81.

Costs, by whom regulated, 81.

Ordinary rules as drawn up by Judge, must be
confirmed by Legislative Council, 81.
Ownership, when necessary to prove in criminal
cases, name of one owner shall suffice, 238.
P.

Pardon, free or conditional in certain cases, 232,
242.

Parishes, division of, how regulated, 431.
Parsonage at Grand Cay, money realized by sale of,
in whom vested, and for what public pur-
pose, 418.

Passengers arriving from seaward, must have their
names reported by captain, 339.

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Pension and Superannuation Fund, enactment re-
specting, 541-545.

Perjury, what constitutes, 103.

Order for prosecution before Superior Court,
250.

Person, offences against, 197-200, 208-214, 233-
Subornation of, how charged, 251.
234, 252.

Personation of bail, 236.

of ownership of shares, money, &c., penalty
for, 235.

Peseta (See CURRENCY).

Petit treason, deemed murder only, 187.
Petty Debt Court, procedure in, 188-195.

Appearance, default of, by plaintiff, 192.
Defendant, 192.

Appeal from summary convictions in, pro-
vided for, 195, 289.

Extortion by officers of, how punished, 194.
Insulting judge or officers of, penalty for,
193-194.

Judgment in, time to be fixed by judge for
satisfaction of, 189.

Landed property, process on for judgment in,
195.

may take cognizance of trespass or trover
when costs do not exceed £5, 190.

No exemption from jurisdiction for any one,

191.

Petty Sessions, how formed, 266.

Piracy, statutes relating to, 196, 595-596.

Act extending to colony jurisdiction over,
wherever committed, 244.

Exceptions to foregoing, 245.
Trial for, murder, or manslaughter on high
seas, may be had in colony, 245.

Right of challenge, limited in cases of, 241.
Plantation lots, prices of, 395.
Plea, Supreme Court, civil side.

Successive, form of commencement of, 132-
134.

of nature of set-off may be construed dis-
tributively, 134.

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Plea of plaintiff, how traversed by defendant, 134.
and Demurrer (See DEMURRER).
several, as many as necessary may be pleaded
at once under judge's order, 135.
Specific, certain, may not be pleaded without
leave obtained, 135.

when pleaded without leave may en-
title opposite party to judgment, 135.
in abatement, 83, 86, 128-131.

of prescription may be put in, in case of
trespass, 579.

Various forms of, 167-172.

Supreme Court, criminal side.
Dilatory not allowed unless amended, 240.
may be amended at trial, 140.
of Not Guilty, equivalent to demand for trial,
240.

Refusal to plead may at discretion of
Court be held equivalent to, 241.

of attainder not to bar indictment, unless for
same offence, 241.

Poisoning, attempted, how punished, 209.
Police regulations, general, 339-372.
Poor-house and hospital, rules of, 438.
Ports of entry declared, 458.

Post-office, ordinance establishing, 523.
Postponement of trial allowed in certain criminal
cases, 246.

in civil suits must not exceed one
term, 102.
Prescription, right by, enjoyment for thirty years
declared to confer, 578.
Presentations, ecclesiastical, in gift of Governor of
Jamaica, 13.

Previous convictions, how inquired into in criminal

proceedings before Supreme Court, 253.
Prison, discipline to be observed in, regulations con-
cerning, 257-259.

Prisoner may be discharged on order of attorney in
cause, 138.

Profert and Oyer of documents tendered in evidence
abolished, 131.

Prohibition to export certain articles, 490.
Property, malicious injury to, specified, and penalties
declared, 200-208, 211-213, 220.

appeal against conviction for, when
allowed to Supreme Court, 205.
Public bank, ordinance establishing, 527-532.
Library, 553.

Loans by debenture bonds of colony, regula-
tions touching, 534.

Market, regulations of, 442.

Officers, how appointed (v. OFFICERS).
Revenue, officers of, how appointed, 448.
Balance to be paid over by Receiver-General
quarterly, or as soon as sum collected
amounts to £100, 451.

Real

estate, contingent interests in, alienable by
deed, if entail saved, 601.

Feoffments, leases, exchanges, partitions,
surrenders, or assignments, to be by deed,
600.

Freehold in, may be made by grant if proper
stamps affixed, 600,

How levied on, in petty debt process, 195..
Limitation of actions relating to, 580-590.
Mixed actions upon, abolished, 588.

not by descent by devise, shall not be subject
to dower, till creditors are satisfied, 108.
Right of action to recover, not barred by any
length of adverse possession, pending dura-
tion of concealed fraud, 586.

Sale and conveyance of, Act to facilitate, 602.
Suit in Equity to recover, cannot be brought
after period has lapsed at which an action
at law might have been brought, 585.
When may be taken in execution, 106.
When levied on in a civil suit, three months'
notice to be given, 106.

Receivers of stolen goods, how punishable, 225, 227.
Record may be amended in certain cases, 87, 158,

240.

Registry of deeds affecting land, enactments respect-
Registrar of shipping, fees and duties of, 459.
ing, 401-410.

Fees and other emoluments appertaining to,
404-408.

of marriage, enactments respecting, 419-430.
Release (sole), substituted for lease and release,

596.

Resistance by third parties to officers in discharge of
duty, how punished, 254.

Rewards for stolen property, penalty for offering or
Revivor, proceedings in, 139.
advertising, 226.

Robbery from the person defined, and how punish-
Rogues and vagabonds confined in prisons may be
able, 233.
deported at discretion, 340.
Roman Catholic Relief Bill (Emancipation Act),
566-577.

Rules to expedite business of Supreme Court must
be confirmed by Legislative Council, 121.

S.

Sacrilege, how punished, 216.

Salaries of public officers of colony, 495.

officials', enactments fixing, 546-550.
Salt, export duty on, 492.
Salvage (See WRECKING).
Sanitary (See HEALTH OF TOWNS).

Schools, inspectors of, whence to be elected, Sea, protection against ravages of, 555.

439.

Bible to be used in, 440.

Q.

Quit rents commuted for certain payments, 410.
Rates of commutation, 411.

R.

Seamen, enactments respecting, 497-505.

Limitation of amount of debt summarily re-

coverable against, 507.

Recovery of wages by, 507.

Search warrants for recovery of property may be

issued by judge, 108.

Secret burial of child, how punishable, 197.
Securities of all kinds may be levied on under
judge's order, 107.

Real estate, entry on, does not constitute posses- Separation Act of Turks Islands from Bahamas,
sion, 583.

22nd August, 1848, 1-4.

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