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25 Vic. c. 15.

general revenue of the

Colony.

No deed lodged for record

under the pro

visions of this Act shall be

entered in existing Record Books; duty of said Registrar in respect to existing Record Books.

Wills to be recorded in books provided for the purpose.

For recording every irregular plat or diagram, three shillings. For every certified copy of a record, per folio of seventy-two words, four pence.

On every marriage licence, twenty shillings.

On letters testamentary and administrative, at the rate of twenty shillings per centum, on the value of the estate of the deceased in the Bahamas, when of the value of, or exceeding one hundred pounds, and under that value, fifteen shillings per

centum.

For every letter of guardianship, issued by the Chancellor, one pound.

All which fees for recording shall be paid to the Registrar before the deed, or other paper in respect of the recording of which they are receivable is entered of record, and all fees received by the Registrar shall be paid by him monthly over to the Receiver-General and Treasurer to be applied in aid of the general revenue of the Colony.

XIX. That no deeds or other papers lodged with or otherwise received by the Registrar of Records for record under this Act, shall be entered in any of the existing books of record, but the said Registrar shall, as soon as practicable after the commencement of this Act, cause all such existing books to be properly indexed, and the same shall be kept and retained as records made under the authority of the Acts of Assembly heretofore passed and in force for the proper registering and recording of deeds and other papers, and the deeds and other papers recorded therein and the records thereof, and all copies of such records shall be governed by the provisions of those Acts, save and except that all copies of such records made after the commencement of this Act shall be certified by the Registrar of Records appointed under the authority of this Act, and not by the Secretary of the Colony, and shall be paid for as hereinbefore provided for.

XX. That all wills or other testamentary papers, on which probate may be granted, shall, together with the probate, be recorded in books to be provided for the purpose, and every record of a will and probate, made under the authority of this section, shall be received as evidence in any court of law or equity within Certificates of the Colony, to the same extent as the will and probate of which neutralization it purports to be a record would be entitled to be received, if under Act 11 produced, but not further.

Vic. c. 4, dupli

cate Registers

of marriages under Act 2

Vic. c. 13, and Registers of births and deaths under

the Act 13 Vic.

c. 7, to be returned to, and kept, of record

in the office of the Registrar of Records. Classification of Records.

XXI. That all certificates of naturalization granted under the Act 11 Vic. c. 4, all duplicate registers of marriage under the Act 2 Vic. c. 13, and all registers of births and deaths, under the Act 13 Vic. c. 7, shall respectively be returned to, and kept of record in the office of the Registrar of Records established by this Act, and wherein either of the said Acts, the words "Public Secretary," "Secretary of the Colony," or "Colonial Secretary," are made use of, they shall, from and after the commencement of this Act, be held to apply and solely refer to the Registrar of Records, and the office of Registrar of Records, as by this Act established and created.

XXII. That the records under this Act shall be classed under twelve heads, namely:

First, freehold grants from the Crown.

Second, leasehold grants from the Crown.

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Third, conveyances of real estate or personal estate to the Crown

or for public uses.

Fourth, trust deeds and mortgages.

Fifth, conveyances of real estate for private uses, other than

trust deeds and mortgages.

Sixth, conveyances of personal estate for private uses, other than as aforesaid.

Seventh, Wills.

Eighth, powers of attorney.

Ninth, letters of naturalization.

Tenth, marriage registers.

Eleventh, registers of births and deaths.

Twelfth, miscellaneous deeds and other papers, not classed under

either of the foregoing heads.

lodged for re

XXIII. That all deeds and other papers which, before the com- Provision for mencement of this Act, have been deposited in the secretary's unrecorded office for record, and which may remain there unrecorded, at the deeds, already time of the commencement of this Act, shall be delivered to, cord. and be taken possession of, by the Registrar of Records first appointed under this Act, and such officer shall cause the same to be entered in their respective classes as records under this Act.

XXIV. That the Registrar of Records shall, from time to time, Provision for procure all necessary books to be of the same uniform size, binding procuring by and lettering, which shall be used as books of record under this the Registrar Act, the cost of which shall be defrayed out of the Public Treasury by warrant in the usual manner.

XXV. Whenever any person shall lodge any deed or deeds for record, the Registrar of Records shall, if thereto required of the party lodging the same, give a receipt therefor, in which the names of the parties to such deed shall be inserted, as also the date and nature thereof.

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of Records all necessary books of uni

form size. Provision for receipts for Deeds lodged with the Registrar for record,

when required by the parties lodging the same.

Provision for

an official Em

XXVI. The Registrar of Records shall, as soon as practicable, procure an official embossing seal and press for his office, with the words "Registrar of Records, Bahamas upon the said seal, the expense of which shall be paid by warrant out of the Public Treasury, in the usual manner. XXVII. That the several Acts of Assembly, heretobefore passed bossing Seal for the public registering and recording of deeds, and which shall and Press, for be in force at the time of the commencement of this Act shall con- office of Registinue to be in force, and apply to all deeds and other papers which trar of Records. Provision rehave been recorded under the said Acts and to the records thereof, specting Acts but shall not have any reference to the records made under the of Assembly authority of this Act, or to the deeds or other papers recorded heretofore under the provisions thereof. XXVIII. That so much of the 4th section, 10 Vic. c. 27, as imposes fees on recording deeds and other papers, fees for copies of records, and fees on marriage licences and letters testamentary. Deeds. and administration, and on letters of guardianship; and so much Parts of certain of the third section of the Act of the General Assembly, 14 Vic. Acts repealed. c. 3, as prospectively constitutes the Colonial Secretary for the time being, Registrar of Records, and Registrar of the Court of Chancery, shall be and the same are hereby repealed.

passed for the public registering and recording of

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XXIX. That this Act shall commence and take effect on the thirty-first day of May, in the year of our Lord one thousand eight hundred and sixty-two.

30 Vic. c. 21. An Act to amend the Laws relating to the Registering and Recording of Deeds and other papers. (Assented to 13th May, 1867.)

W

HEREAS it is necessary that further provision should be made for the recording of renunciations of Dower and the other documents hereinafter mentioned; May it, &c. :

That all renunciations of dower, and all other papers certified or otherwise verified under the seal of any of Her Majesty's Courts of Law of the Colony, or of any other part of Her Majesty's dominions, as also all documents under the Royal sign manual, may lawfully be recorded in the office of the Registrar of Records for the Colony, in the same and the like manner as the several public documents mentioned and referred to in the thirteenth section of the 25 Vic. c. 15, can now by law be recorded.

PREAMBLE.

4 Will. 4, c. 2,

and 2 Vic. c. 10, continued

for ten years.

PART IV.

CLASS VIII.

DIVISION WALLS AND FENCES.

28 Vic. c. 7. An Act to continue two Acts of Assembly, for

W

regulating the making and repairing of Division Walls and Fences, in certain Islands of the Government. (Assented to 24th February, 1865.)

HEREAS the Acts of Assembly, 4 Wm. 4, c. 2, and 2 Vic. c. 10, for regulating the making and repairing of division walls or fences, in certain islands of the Government, will expire with the present session, and it is expedient that the same should be further continued in force; May it, &c.:

That the said two recited Acts shall be, and they are hereby continued in force from the passing of this Act, for a further term of ten years, and from thence to the end of the then next session of Assembly.

PART IV.

CLASS IX.

SUMMARY REMEDIES FOR TRESPASSES, AND
OTHER INJURIES TO LANDS.

25 Vic. c. 27. An Act to afford Protection to the Owners of
Cattle depasturing, or which may hereafter be depastured
on certain Crown Lands at the Island of Inagua, known
as the Prairies. (Assented to 29th April, 1862.)

WE

HEREAS it has been customary for the owners of cattle at PREAMBLE. the island of Inagua to depasture such cattle on the Crown land, known as the prairies, and from time to time such cattle have become wild, and have bred and increased on the said prairies, and a practice exists of indiscriminately shooting cattle therein, occasioning thereby not only disputes and litigations, but also injury to the owners of such cattle, and it has therefore become necessary to provide for such an evil by legislative enactment; May it, &c.:

I. That from and after the passing of this Act, it shall not be Unlawful to lawful for the owner of any animal to depasture, or permit or suffer depasture Catthe same to be depastured on the Crown land at Inagua, unless tle on Crown Land at Inagua such animal shall have such a conspicuous mark or brand placed without a conthereon as the resident Justice of the said island of Inagua spicuous mark may direct, and any person wilfully depasturing, or suffering on such Cattle. any animal to be depastured, contrary to the provisions of this Act, shall forfeit and pay a sum not exceeding five pounds, and the owner of the said animal shall be precluded from thereafter claiming, or exercising any right or act of ownership over the said animal.

authorized to shoot Cattle depasturing on Crown Land without licence of the Resident Justice.

II. That it shall not be lawful for any person to shoot, catch, or No person injure any animal depasturing on the said Crown land, unless such person shall have a licence to be granted for that purpose by the resident Justice as hereinafter provided, under a penalty of ten pounds, and the animal so caught, or the carcass thereof, if the animal has been shot, or otherwise killed, shall be forfeited, and it shall be the duty of the inspector of cattle, to be appointed as hereinafter provided, to sell and dispose of the same for the best price that can be had or obtained therefor: Provided however, Proviso. that nothing in this section contained shall be construed to impose a penalty upon the owner of any branded or marked animal, for shooting or catching such animal.

III. That it shall be the duty of the resident Justice at the Power of Resiisland of Inagua, and he is hereby required, upon application to dent Justice to him by any person whom he shall consider a discreet and proper grant licences to catch or person for the purpose, to grant to such person licence permitting shoot unhim to catch or shoot unbranded cattle depasturing on the said branded Cattle. Crown land, which licence shall continue in force for one year; and for which a fee of one pound shall be paid to the resident Justice Provided always, that it shall be discretionary with the

25 Vic. c. 27. said resident Justice to issue annually only so many licences as to him may seem expedient.

An Inspector of Cattle to be annually appointed.

Penalty on un

licensed per

sons shooting, catching, or destroying unbranded or

marked ani

IV. That the resident Justice of the said island shall annually appoint a person, with the approval of the Governor, to be called inspector of cattle, and it shall be the duty of all licensed persons who may shoot or catch any unbranded animal, within twenty-four hours thereafter, to inform such inspector of such fact, and it shall thereupon be the duty of such inspector immediately to inspect the entire carcass of the said animal, in order that he may be satisfied that such animal is or was an unbranded animal.

V. That it shall not be lawful for any licensed person, as aforesaid, to shoot, catch, or destroy any unbranded or marked animal in the said Crown land, except under the authority, or by direction of the owner thereof, under a penalty, for every wilful violation of this enactment, of ten pounds.

VI. That the resident Justice, with any other two Justices of mals, except as the Peace to be selected for the purpose, shall prepare rules and excepted. regulations for the guidance and government of persons licensed under this Act, and for regulating and governing the sale of the carcasses of unbranded and unmarked animals shot, or of animals caught on the said prairies, and shall have power to affix penalties for the breach of any rule or regulation so to be made as aforesaid, and any penalty incurred under any of the said rules shall be recovered in the same and the like manner as penalties imposed by this Act may be recovered. Provided however, that it shall not be lawful for such Justices to make any rule imposing a penalty exceeding ten pounds.

Resident Justice, with any two other Justices, authorized to prepare rules and regulations for the guidance of persons licensed under

this Act. Proviso.

Mode of disposal of unbranded ani

killed.

VII. That any unbranded animal which shall be caught by any person licensed under this Act, or the carcass thereof, if the same shall have been shot or otherwise killed, shall, so soon thereafter as may be practicable, be sold and disposed of by the persons mals caught or catching, shooting, or otherwise killing such animal, in such manner as such person shall deem most advantageous, and the proceeds arising from the sale thereof shall be appropriated in the following manner, viz.: one-fourth thereof shall go to and be retained by such licensed person for his own use and benefit, and the remaining portion thereof shall be paid over by the said licensed person to the said resident Justice, within six days after the sale thereof, to be by him appropriated as hereinafter provided; and in case any licensed person shall omit, or neglect to pay over to the said resident Justice any amount which shall become payable under the authority of this clause, within the time hereinbefore provided for payment thereof, the same shall be sued for and recovered before any Court having jurisdiction to the amount, by action of debt against the said licensed persons, at the suit of the inspector of cattle, and the amount when received, shall be by him paid over to the said resident Justice as hereinbefore provided, and such licensed person shall also forfeit his licence and be thereafter precluded from again being licensed.

Appropriation of fines, penalties, fees, and proceeds of

sale of forfeited

Cattle.

VIII. That all fines, penalties, and forfeitures incurred and paid under this Act as well as all monies arising, as well from fees paid for licences as from the sale of forfeited cattle, or the carcasses thereof sold under the authority of this Act, shall be received by the resident Justice, and it shall be the duty of the said Justice to keep a book in which he shall regularly enter every amount re

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